Medical Records Collection, Retention, and Access in South Dakota
Medical Records Collection, Retention, and Access in South Dakota
| Subtopic | Statute/Regulation | Description |
|---|
| Right to access to medical records (Access by representative or other person authorized by the patient through informed consent; copying fees, or other requirements (e.g., requirement to give patient access in electronic format)) | Access to records, S.D. Admin. R. 67:16:34:08 | Access to records Requires Medicaid providers to permit the Department of Social Services, Department of Human Services, Department of Health... |
| Inmate records and statistics required of institutions, SDLC § 34-12-15 | Inmate records and statistics required of instiutions -- Copy to patient and certain other persons on request. Requires hospitals and... | |
| Medical records released, SDLC § 36-2-16 | Medical records released to patient or designee on request -- Expenses paid by patient -- Violation as misdemeanor Requires licensed health... | |
| Medical records, S.D. Admin. R. 67:16:05:06.01 | Medical records Requires home health agencies to maintain client medical records that include documentation that the client’s attending... | |
| Privacy and Confidentiality, S.D. Admin. R. 44:73:11:08 | Privacy and confidentiality Grants nursing facility residents rights to privacy and confidentiality. Specifies how facilities must act... | |
| Privacy and confidentiality, S.D. Admin. R. 44:79:09:06 | Privacy and confidentiality Grants hospice patients rights to privacy and confidentiality. Specifies how hospice facilities must act in... | |
| Release of patient information, SDLC § 36-11-69 | Release of patient information Specifies the circumstances in which pharmacists may release patient information (e.g., with the... |
| Content of medical record | Actions which may warrant sanctions, S.D. Admin. R. 20:41:10:05.02 | Actions which may warrant sanctions Identifies 14 violations which may result in the discipline of a licensed chiropractor including the... |
| Admission evaluation requirements, SDLC § 27A-15-10 | Admission immediately upon determination that criteria met -- Clinical evaluation -- continued admission -- Delivery of clinical evaluation to parent... | |
| Controlled substances-- standards for medical records, S.D. Admin. R. 20:47:07:01 | Standards for medical records when prescribing controlled substances for the treatment of chronic, non-cancer pain. Identifies 13... | |
| Copy of signed consent form, SDLC § 34-14-23 | Person to be tested to recieve copy of signed consent form -- Original signed form to be filed in medical records. Requires the signed... | |
| Emergency surgery or treatment, SDLC § 27A-12-3.11 | Emergency surgery or treatment-- Documentation of necessity Permits providers to perform emergency medical procedures on patients... | |
| Informed consent -- oral and written, SDLC § 27A-15-9 | Informed consent -- Oral and written Requires mental health providers to obtain a parent' informed consent orally and in writing in order to... | |
| Inmate records and statistics required of institutions, SDLC § 34-12-15 | Inmate records and statistics required of instiutions -- Copy to patient and certain other persons on request. Requires hospitals and... | |
| Laboratory services, S.D. Admin. R. 44:76:09:01 | Laboratory services Permits ambulatory surgery centers to conduct lab exams as necessary to diagnose and treat patients either in the facility... | |
| Medication administration, S.D. Admin. R. 44:75:08:07 | Medication administration Requires health care providers that administer medication to a patient in a critical access hospital to document the... | |
| Medication administration, S.D. Admin. R. 44:76:07:07 | Medication administration Requires health care providers that administer medication to a patient in an ambulatory surgery center to document... | |
| Medication administration, S.D. Admin. R. 44:79:07:07 | Medication administration Requires health care providers that administer medication to a hospice patient to document the administration in the... | |
| Medication administration, S.D. Admin. R. 44:80:07:06 | Medication administration Requires health care providers that administer medication to a residential hospice patient to document the... | |
| Medication records, S.D. Admin. R. 44:73:08:08 | Medication records Requires providers to document all administered medications in a nursing facility resident’s medical record. | |
| Medication records, S.D. Admin. R. 44:75:08:08 | Medication records Requires providers to document all administered medications in a critical access hospital patient's medical record. | |
| Medication records, S.D. Admin. R. 44:76:07:08 | Medication records Requires providers to document all administered medications in an ambulatory surgery center patient's medical record. | |
| Medication records, S.D. Admin. R. 44:79:07:08 | Medication records, Requires providers to document all administered medications in a hospice patient’s medical record. | |
| Notice to parent or guardian for minor, SDLC § 34-23A-7 | Forty-eight hour notice to parent or guardian for minor or incompetent female -- Delivery of notice-- Exceptions Requires abortion providers... | |
| Oral and written informed consent, SDLC § 27A-15-46 | Oral and written informed consent of parent or guardian required for use of psychotropic medication on minor under sixteen. Requires... | |
| Patient record system, S.D. Admin. R. 20:51:24:02 | Patient record system Requires pharmacies to maintain a system of patient records. Specifies the information that the records should... | |
| Radiological reports, S.D. Admin. R. 44:76:09:08 | Radiological reports Requires practitioners to make radiological reports part of an ambulatory surgery center patient’s medical record.... | |
| Record content, S.D. Admin. R. 44:73:09:04 | Record content Specifies the information that nursing facilities must include in resident medical records (e.g., plan of care, consent... | |
| Record content, S.D. Admin. R. 44:75:09:04 | Record content Specifies the information that critical access hospital facilities must include in patient medical records (e.g., plan of... | |
| Record content, S.D. Admin. R. 44:76:08:04 | Record content Specifies the information that ambulatory surgery facilities must include in resident medical records (e.g., plan of care... | |
| Record content, S.D. Admin. R. 44:79:08:03 | Record content Specifies the information that inpatient hospice facilities must include in resident medical records (e.g., plan of care... | |
| Record keeping and reporting requirements, S.D. Admin. R. 20:51:28:05 | Record keeping and reporting requirements Requires pharmacists that administer influenza immunizations to maintain immunization records... | |
| Responsibilities, S.D. Admin. R. 44:19:02:06 | Responsibilities of hospitals, physicians, and other health professionals Requires health care providers to notify the parent or... | |
| Sharing of immunization records, SDLC § 34-22-12.5 | Sharing of immunization records permitted unless signed refusal in medical record -- Violation as a misdemeanor. Requires authorized... | |
| Voluntary inpatient informed consent. SDCL § 27A-8-15 | Explanation required prior to acceptance of voluntary inpatient -- informed consent. Requires inpatient psychiatric facilities to... | |
| Voluntary inpatient review, SDLC § 27A-8-17 | Requires the director or administrator of a mental health facility to review a patient’s medical record 30 days after their voluntary admission... |
| Required maintenance of medical records | Actions which may warrant sanctions, S.D. Admin. R. 20:41:10:05.02 | Actions which may warrant sanctions Identifies 14 violations which may result in the discipline of a licensed chiropractor including the... |
| Clinical record requirements, S.D. Admin. R. 67:16:41:08 | Clinical record requirements Requires mental health providers to maintain clinical records for Medicaid recipients. Specifies the information... | |
| Individual records required, SDLC § 27A-12-25 | Individual records required-- Contents -- Confidentiality Requires mental health providers to maintain confidential medical records for... | |
| Inmate records and statistics required of institutions, SDLC § 34-12-15 | Inmate records and statistics required of instiutions -- Copy to patient and certain other persons on request. Requires hospitals and... | |
| Maintenance of patient records, SDLC § 36-11-68 | Counseling patients and caregivers -- Maintenance of patient records Requires pharmacists to provide counseling to patients or their... | |
| Maintenance of records, S.D. Admin. R. 20:51:24:04 | Maintenance of Records Requires pharmacies to maintain records for at least one year following the last entry into the record. Permits... | |
| Medical orders, S.D. Admin. R. 44:73:05:03 | Medical Orders Requires medical practitioners to sign all medical orders. Permits verbal orders when there is an urgent need for care or a... | |
| Medical orders, S.D. Admin. R. 44:75:05:02 | Medical orders, Requires medical practitioners working in critical access hospitals to sign all medical orders. Permits verbal orders... | |
| Medical record, S.D. Admin. R. 44:73:09:01.01 | Medical record Requires nursing facilities to maintain an organized medical records system and a separate medical record for each level of... | |
| Medical Records, S.D. Admin. R. 44:67:04:08 | Medical records Requires licensed abortion facilities to maintain medical records for every abortion procedure. | |
| Medical Records, S.D. Admin. R. 44:69:05:06 | Medical Records, Requires birth centers to maintain separate medical records for every client and newborn infant. | |
| Medical records, S.D. Admin. R. 67:16:05:06.01 | Medical records Requires home health agencies to maintain client medical records that include documentation that the client’s attending... | |
| Medication therapy reviewed monthly, S.D. Admin. R. 44:73:08:03 | Medication therapy reviewed monthly Requires pharmacists to conduct reviews of a nursing facility resident’s drug regimen at least... | |
| Patient record system, S.D. Admin. R. 20:51:24:02 | Patient record system Requires pharmacies to maintain a system of patient records. Specifies the information that the records should... | |
| Prevention and control of influenza, S.D. Admin. R. 44:73:04:09 | Prevention and control of influenza Requires nursing facilities to annually offer a flu vaccine to residents and to document the resident... | |
| Prevention and control of pneumonia, S.D. Admin. R. 44:73:04:10 | Prevention and control of pneumonia Requires nursing facilities to immunize residents against pneumonia within 14 days of admission if... | |
| Recording patient information, SDLC § 36-11-19.8 | Recording patient information Requires nonresident pharmacies-entities located outside of South Dakota-to maintain records of relevant patient... | |
| Required medical records, S.D. Admin. R. 67:16:34:03 | Required medical records Specifies the information that Medicaid providers must include in patient medical records (e.g., diagnoses, patient... | |
| S.D. Admin. R. 44:58:07:04 | Acquisition, dispensing, and distribution of records Establishes minimum standards for records maintained by dispensers of controlled... |
| Controlled substances records | Controlled substances-- standards for medical records, S.D. Admin. R. 20:47:07:01 | Standards for medical records when prescribing controlled substances for the treatment of chronic, non-cancer pain. Identifies 13... |
| Routine quality assurance required, S.D. Admin. R. 20:51:30:17 | Routine quality assurance required Requires the pharmacist-in-charge at a telepharmacy to comply with five quality assurance standards. ... | |
| S.D. Admin. R. 44:58:07:04 | Acquisition, dispensing, and distribution of records Establishes minimum standards for records maintained by dispensers of controlled... |
| Retention periods | Data retention, S.D. Admin. R. 20:51:32:11 | Data retention Requires the Board of Pharmacy to retain prescription drug monitoring program records for three years following the record date... |
| Maintenance of records, S.D. Admin. R. 20:51:24:04 | Maintenance of Records Requires pharmacies to maintain records for at least one year following the last entry into the record. Permits... | |
| Medical records, S.D. Admin. R. 67:16:05:06.01 | Medical records Requires home health agencies to maintain client medical records that include documentation that the client’s attending... | |
| Radiological reports, S.D. Admin. R. 44:76:09:08 | Radiological reports Requires practitioners to make radiological reports part of an ambulatory surgery center patient’s medical record.... | |
| Record keeping and reporting requirements, S.D. Admin. R. 20:51:28:05 | Record keeping and reporting requirements Requires pharmacists that administer influenza immunizations to maintain immunization records... | |
| Retention of medical records, S.D. Admin. R. 44:73:09:06 | Retention of medical records Requires nursing facilities to maintain resident medical records for at least 10 years following a visit date of... | |
| Retention of medical records, S.D. Admin. R. 44:75:09:06 | Retention of medical records Requires critical access hospital facilities to maintain resident medical records for at least 10 years following... | |
| Retention of medical records, S.D. Admin. R. 44:76:08:06 | Retention of medical records Requires ambulatory surgery center facilities to maintain resident medical records for at least 10 years... | |
| Retention of medical records, S.D. Admin. R. 44:79:08:04 | Retention of medical records Requires hospice facilities to maintain records for six years following a patient’s visit date. |
| Medical Records Collection, Retention, and Access | S.D. ADMIN. R. 44:73:09:06 - Retention of Medical Records | A health care facility must maintain patient records and retain them for 10 year from the date of the patient’s treatment. If the patient is a... |
| S.D. Codified Laws § 36-2-16 | Medical records released to patient or designee on request--Expenses paid by patient--Violation as misdemeanor These... | |
| S.D. Codified Laws § 36-4-37 | Transfer of active patient records--Destruction--Notice A licensed physician may only transfer active patient records in his or her control to... | |
| S.D. CODIFIED LAWS § 36-4-38 - Destruction of inactive patient records | A physician may destroy patient records that have become inactive, or for which the whereabouts of the patient are unknown. |
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