Privacy and Confidentiality in South Dakota
Privacy and Confidentiality in South Dakota
| Subtopic | Statute/Regulation | Description |
|---|
| Confidentiality and disclosure requirements of public health reporting information (disease specific information/registry data) (Cross reference to Public Health Reporting) | Abortion reports, SDLC § 34-23A-19 | Reports required of facility or physician performing abortions -- Contents -- Name of mother omitted -- Promulgation of rules. ... |
| Annual health data system report, SDLC § 1-43-24 | Health data system report available to public Requires the public release of annual health data system reports in a manner that does not... | |
| Cancer data collection system, SDLC § 1-43-13 | Rules for establishment, maintenance,, and use of cancer data collection system. Requires the Department of Health to establish rules... | |
| Communicable disease reporting, SDLC § 34-22-25 | Health officer or physician to report information on person with dangerous communicable disease. Requires physicians or health officers... | |
| Confidentiality of communication, SDLC § 34-23A-44 | Department to ensure anonymity -- Confidentiality of communication Prohibits abortion reports from including the name of the person... | |
| Confidentiality of reports -- exceptions, SDLC § 34-22-12.1 | Confidentiality of reports -- Exceptions, Classifies communicable disease reports as confidential medical information and prohibits... | |
| Confidentiality of reports, SDLC § 34-24-28 | Confidentiality of reports Classifies fetal alcohol syndrome reports as confidential. Prohibits the release or disclosure of these reports as... | |
| Confidentiality of trauma registry data, S.D. Admin. R. 44:68:04:02 | Confidentiality of trauma registry data Classifies information reported to the state trauma registry as confidential medical information.... | |
| Data collection--Availability to the public, SDLC § 1-43-16 | Data collection -- availability to public Requires the Department of Health to make statistical summaries of cancer registry data available to... | |
| Disclosure of Data, S.D. Admin. R. 20:51:32:05 | Disclosure of Data Permits prescribers and dispensers to request patient information from the drug monitoring program’s central... | |
| Disclosure of reports, S.D. Admin. R. 44:20:02:08 | Disclosure of reports, Permits the Department of Health to disclose confidential information regarding reportable diseases when... | |
| Duty to maintain confidentiality, S.D. Admin. R. 44:22:04:01 | Duty to maintain confidentiality Classifies the information in South Dakota’s central cancer registry as medical research and... | |
| Health care data system, SDLC § 1-43-21 | Promulgation of rules for establishment, maintenance and use of health care data system. Requires the Department of Health to establish... | |
| Maternal mortality findings, SDLC § 34-23A-26 | Publication of findings on maternal mortality and pregnancy outcomes, Requires the Department of Health to annually publish findings on... |
| Privacy and Confidentiality | ARSD 44:04:09:04 | Written Policies and Confidentiality of Records Medical facilities, including hospitals, must establish polices and procedures regarding the... |
| Discretionary disclosure of confidential information - S.D. Code § 27A-12-25 et seq. | Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in... | |
| S.D. Admin. R. 46:05:07:02 | Guaranteed rights Substance abuse treatment records must be maintained confidentially in accordance with Part 2. | |
| S.D. Codified Laws § 34-20A-27 | Standards for accredited prevention or treatment facilities—Fees The Division of Alcohol and Drug Abuse is charged with the duty to adopt rules... | |
| 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... | |
| SDCL § 34-12-19 | Grounds for Suspension or Revocation of License The South Dakota Department of Health may suspend the license of a hospital or related institution... |
| Confidentiality of substance abuse records | ARSD 67:61:06:02, Guaranteed Rights |
| Insurer and Medicaid/Medicare confidentiality requirements, including disclosure laws (Cross reference Medicaid Data, Medicare data, and private insurance data requirements) | Confidential data -- Exceptions, SDLC § 58-41-74 | Confidential data -- Exceptions Classifies the HMO enrollee health information as confidential. Prohibits disclosure unless the individual... |
| Confidentiality, S.D. Admin. R. 44:06:01:07 | Confidentiality, Classifies Children’s Special Health Services (CSHS) records as confidential and prohibits disclosure without the... | |
| Rules to protect privacy of medical records, SDLC § 58-2-40 | Promulgation of rules to protect privacy of medical records Requires the Director of Insurance to establish rules for protecting the privacy... |
| Confidentiality of medical records | Confidentiality of communication, SDLC § 34-23A-44 | Department to ensure anonymity -- Confidentiality of communication Prohibits abortion reports from including the name of the person... |
| Confidentiality of information, SDLC § 34-20E-7 | Confidentiality of information Classifies information sent to the prescription drug monitoring repository as confidential. Permits... | |
| Confidentiality of mental health information, SDLC § 27A-12-26 | Confidentiality of information acquired in course of providing mental health services Classifies information obtained while providing mental... | |
| Confidentiality of records, S.D. Admin. R. 20:51:28:06 | Confidentiality of records maintained. Classifies pharmacist immunization records as confidential. | |
| 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... | |
| Medical study information, SDLC § 34-14-1 | Information obtained in medical studies confidential -- Inadmissibility in evidence. Classifies information obtained by the Department... | |
| 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... |
| Disclosure of medical information for research purposes (Cross reference Research) | Confidentiality of data, S.D. Admin. R. 46:24:04:01 | Confidentiality of Data Permits the use of data from the inpatient psychiatric data collection system for research purposes. Classifies the... |
| Data for research, S.D. Admin. R. 44:22:04:03 | Data for research Permits the Department of Health to release cancer data for research into the prevention, control, or treatment of cancer.... | |
| Disclosure of data, SDLC § 34-20E-7 | Disclosure of data in central repository to certain persons and entities. Identifies the nine circumstances in which the Board of... | |
| Medical study information, SDLC § 34-14-1 | Information obtained in medical studies confidential -- Inadmissibility in evidence. Classifies information obtained by the Department... |
| Disclosure requirements (what providers can disclose, prohibition on further disclosure) | Confidentiality of information, SDLC § 34-20E-7 | Confidentiality of information Classifies information sent to the prescription drug monitoring repository as confidential. Permits... |
| Disclosure of data, S.D. Admin. R. 20:51:32:08 | Disclosure of data -- Law enforcement Permits law enforcement officials and prosecutors to request information from the prescription drug... | |
| Disclosure of data, S.D. Admin. R. 20:51:32:09 | Disclosure of data -- Law enforcement Requires the Board of Pharmacy to disclose prescription drug monitoring information pursuant to court... | |
| Disclosure of data, SDLC § 34-20E-7 | Disclosure of data in central repository to certain persons and entities. Identifies the nine circumstances in which the Board of... | |
| 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... | |
| SDLC § 27A-12-30 | Released information approved by administrator -- Record of release Requires the administrator or director of a facility to authorize... |
| Authorization for disclosure and exceptions to authorization requirements | Confidentiality of mental health information, SDLC § 27A-12-26 | Confidentiality of information acquired in course of providing mental health services Classifies information obtained while providing mental... |
| Discretionary disclosure of confidential information, SDLC § 27A-12-29 | Discretionary disclosure of confidential information Specifies the circumstances in which the holder of mental health records has... | |
| Obligation to disclose confidential information, SDLC § 27A-12-27 | Obligation to disclose confidential information, Specifies the circumstances in which confidential mental health may be disclosed (e.g... | |
| Review procedures and authorization to accompany notice, S.D. Admin. R. 20:06:53:05 | Review procedures and authorization to accompany notice Requires health carriers to describe their standard and external review procedures... | |
| SDLC § 27A-12-30 | Released information approved by administrator -- Record of release Requires the administrator or director of a facility to authorize... |
| Confidentiality and disclosure requirements of peer review information (Cross reference to Medical Peer Review) | Confidentiality of peer review committee proceedings, SDLC § 36-4-26.1 | Proceedings of peer review committees confidential and priveleged -- Availability to physician subject of proceedings Classifies... |
| Promulgation of rules for health care data system, SDLC § 1-43-31 | Promulgation of rules for establishment, maintenance, and use of health care data system. Prohibits the health data system reporting... |
| Violations of confidentiality; penalties | Disclosure of confidential reports as misdemeanor, SDLC § 34-24-29 | Disclosure of confidential reports as misdemeanor, Classifies the knowing or intentional disclosure of fetal alcohol syndrome reports as... |
| Disclosure of medical study information, misdemeanor, SDLC § 31-14-3 | Disclosure of information from medical study as misdemeanor Classifies the disclosure of confidential medical study information as a Class 1... | |
| Knowing disclosure of information--felony, SDLC § 34-20E-19 | Knowing disclosure of information in violation of chapter as felony Classifies the knowing disclosure of information from the prescription... | |
| 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... | |
| Violation of confidentiality, SDLC § 34-22-12.2 | Violation of confidentiality as misdemeanor Classifies as a Class 1 misdemeanor the knowing or intentional disclosure of confidential... |
| Patient’s right to confidentiality of medical records/medical information | 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... |
| Confidentiality of registry data | Security of patient information, SDLC § 34-20E-6 | Procedures for security of patient information, Requires the Board of Pharmacy to establish procedures for ensuring the security,... |
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