19-2-3.2. Physician-patient privilege waived in criminal proceeding.
In any action or proceeding of a criminal nature, if the physical or mental condition of any person is in issue, any privilege under subdivision 19-19-503(b) shall conclusively be deemed to be waived for the purpose of proving the commission of a criminal offense or for the purpose of impeaching the testimony of the patient, at trial, grand jury proceeding, or preliminary hearing, or for the purpose of discovery under Title 23A.
Source: SL 1997, ch 121, §2.
Structure South Dakota Codified Laws
Chapter 02 - Privileged Matters
Section 19-2-3.2 - Physician-patient privilege waived in criminal proceeding.
Section 19-2-9 - Protection of privileges of persons not present.
Section 19-2-11 - Self-incrimination provisions not applicable to perjury prosecutions.
Section 19-2-12 - No physician-patient privilege if death or substantial bodily harm likely.
Section 19-2-13 - Medical privacy.
Section 19-2-14 - Definitions pertaining to journalist and newscaster privilege.
Section 19-2-15 - Journalist and newscaster privilege.
Section 19-2-16 - Contempt prohibited for asserting journalist and newscaster privilege.
Section 19-2-17 - Information to which journalist and newscaster privilege applies.
Section 19-2-18 - Information obtained in violation of § 19-2-15 inadmissible.
Section 19-2-19 - Fine or imprisonment prohibited for asserting journalist and newscaster privilege.
Section 19-2-20 - Journalist and newscaster privilege applies to supervisors and employers.