34-22-12.1. Confidentiality of reports--Exceptions.
Any report required to be submitted pursuant to §34-22-12 is strictly confidential medical information. No report may be released, shared with any agency or institution, or made public, upon subpoena, search warrant, discovery proceedings, or otherwise. No report is admissible as evidence in any action of any kind in any court or before any tribunal, board, agency, or person. However, the Department of Health may release medical or epidemiological information under any of the following circumstances:
(1)For statistical purposes in such a manner that no person can be identified;
(2)With the written consent of the person identified in the information released;
(3)To the extent necessary to enforce the provisions of this chapter and rules promulgated pursuant to this chapter concerning the prevention, treatment, control, and investigation of communicable diseases;
(4)To the extent necessary to protect the health or life of a named person;
(5)To the extent necessary to comply with a proper judicial order requiring release of human immunodeficiency virus test results and related information to a prosecutor for an investigation of a violation of §22-18-31; and
(6)To the attorney general or an appropriate state's attorney if the secretary of the Department of Health has reasonable cause to suspect that a person violated §22-18-31.
Source: SL 1989, ch 296, §1; SL 2003, ch 184, §1.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 22 - Contagious Disease Control
Section 34-22-1 - Definitions.
Section 34-22-5 - Exposure of self or others to communicable disease as misdemeanor.
Section 34-22-6 - Compelling vaccination as misdemeanor.
Section 34-22-10 - Laboratory and radiological services provided by department.
Section 34-22-11 - Screening and testing for communicable disease.
Section 34-22-11.2 - Specific health services.
Section 34-22-12.1 - Confidentiality of reports--Exceptions.
Section 34-22-12.2 - Violation of confidentiality as misdemeanor.
Section 34-22-12.3 - Effect of good faith reporting.
Section 34-22-12.4 - Compliance with reporting requirements--Liability.
Section 34-22-13 - Consultation with physicians and institutions.
Section 34-22-14 - Enforcement of regulations for control of communicable diseases.
Section 34-22-17 - Communicable disease control supervised by department--Program applied statewide.
Section 34-22-18 - Refusal to accept diagnosis or treatment or to follow directives as misdemeanor.
Section 34-22-23 - Inspection of records of hospital or laboratory by secretary.
Section 34-22-41 - "Public health emergency" defined.
Section 34-22-42 - Secretary may declare public health emergency--Contents of order.
Section 34-22-44 - Termination of declared emergency--Renewal.
Section 34-22-44.1 - Definition of statewide emergency registry volunteer.
Section 34-22-44.2 - Statewide emergency registry volunteers--Immunity from civil liability.