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Discretionary disclosure of confidential information - S.D. Code § 27A-12-25 et seq.

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Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in accordance with the statute.
Disclosure With Consent:
A patient, a patient’s parent if he or she is a minor, or a guardian, may consent to the disclosure of information relating to their mental health.
Disclosure Without Consent:
Mental health information may be disclosed without a patient’s consent under the following circumstances:
·         As required by law
·         To the department if the disclosure is necessary to enable the department to carry out its duties
·         To an attorney for the state in connection with an investigation to a crime committed on facility premises
·         If a provider determines that disclosure is necessary or beneficial, including in the context of obtaining payment for services, or coordinating care
·         As necessary or beneficial for purposes of evaluation or accreditation
·         For purposes of training another mental health professional
·         When requested by the Human Services Center
·         When a patient has communicated a threat of serious physical injury against an identifiable victim, the threat can be communicated to law enforcement or the potential victim, provided that the disclosure is made in good faith
Disclosure Pursuant to Court Order:
Confidential information may be disclosed pursuant to a subpoena.

Current as of June 2015