S.D. Codified Laws § 36-2-16.8
This is the official text of S.D. Codified Laws § 36-2-16.8, part of South Dakota’s Codified Laws — part of the compiled statutory law of South Dakota, published by the state as "Codified Laws." Browse the sections below, each linked to its official government source.
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Medical record--Access by parent or guardian--Conflicting provision void--Exception
Official statutory text
A health care provider may not restrict or deny, to a parent or guardian who has authority to make health care decisions on behalf of a minor, access to the minor's:
(1) Electronic health information;
(2) Medical record; or
(3) Patient portal.
Any agreement between a health care provider and a parent or guardian that restricts or denies access to the parent or guardian in violation of this section is void and unenforceable.
This section does not apply to a minor who has lawfully obtained a health care service without the consent or notification of a parent or guardian, or as provided in 45 C.F.R. § 164.502(g)(5) (January 1, 2025).
Source: SL 2025, ch 147, § 1.
(1) Electronic health information;
(2) Medical record; or
(3) Patient portal.
Any agreement between a health care provider and a parent or guardian that restricts or denies access to the parent or guardian in violation of this section is void and unenforceable.
This section does not apply to a minor who has lawfully obtained a health care service without the consent or notification of a parent or guardian, or as provided in 45 C.F.R. § 164.502(g)(5) (January 1, 2025).
Source: SL 2025, ch 147, § 1.
Status: in_force · Read it on the official government site
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