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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...
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,...