27A-12-26. Confidentiality of information acquired in course of providing mental health services.
Information in the record of a person, and other information acquired in the course of providing mental health services to a person, shall be kept confidential and are not open to public inspection. The information may be disclosed outside the center, department, mental health program, or inpatient facility, whichever is the holder of the record, only if the holder of the records and the person, his parents if he is a minor or his guardian, consent or, in the absence of such consent, in the circumstances and under the conditions set forth in §§27A-12-25 to 27A-12-32, inclusive, and in conformity with federal law.
Source: SL 1975, ch 181, §11; SDCL Supp, §27-7-59; SL 1991, ch 220, §§228, 229; SL 1993, ch 213, §126.
Structure South Dakota Codified Laws
Title 27A - Mentally Ill Persons
Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness
Section 27A-12-1 - Individual privacy and dignity to be respected.
Section 27A-12-1.1 - "Person" defined.
Section 27A-12-1.2 - Commitment not conclusive on competence.
Section 27A-12-3 - Notice of rights furnished patient--Display.
Section 27A-12-3.1 - Rights enumerated--Limitations on rights.
Section 27A-12-3.2 - Right to treatment through spiritual means.
Section 27A-12-3.3 - Right of access to protection of receiving assistance.
Section 27A-12-3.4 - Labor for benefit of facility.
Section 27A-12-3.5 - Discharge not conditioned on labor--Compensation exempt from facility charges.
Section 27A-12-3.7 - Aftercare plan to facilitate discharge.
Section 27A-12-3.8 - Examination and review of behavioral status after admission.
Section 27A-12-3.10 - Application for transfer from involuntary to voluntary status.
Section 27A-12-3.17 - Compensation of appointed attorney by county of residence.
Section 27A-12-3.18 - Access to attorney and private physician.
Section 27A-12-3.19 - Personal appearance at hearing not compulsory--Presenting evidence.
Section 27A-12-3.22 - Psychosurgery, aversive stimuli, and substantial deprivations prohibited.
Section 27A-12-6.1 - Restrictive treatment procedures--Documentation--Prior approval-- Limitation.
Section 27A-12-25 - Individual records required--Contents--Confidentiality.
Section 27A-12-26.1 - Access to own records--Exceptions--Confidentiality following discharge.
Section 27A-12-27 - Obligation to disclose confidential information.
Section 27A-12-27.1 - Request for notice and notice of pending discharge.
Section 27A-12-27.3 - Immunity from liability for good faith detention.
Section 27A-12-29 - Discretionary disclosure of confidential information.
Section 27A-12-30 - Released information approved by administrator--Record of release.
Section 27A-12-32 - Disclosure by recipient of confidential information.
Section 27A-12-32.1 - Asserting grievances.
Section 27A-12-33 - Provisions of title do not replace or limit other rights.