34-24-28. Confidentiality of reports.
Any report required to be submitted pursuant to §34-24-27 is strictly confidential. The reports may not be released, shared with any agency or institution, or made public, upon subpoena, search warrant, discovery proceedings or otherwise and are not admissible as evidence in any action of any kind in a court or before any tribunal, board, agency or person. However, release of medical or epidemiological information may be authorized by the Department of Health 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 §§34-24-28 to 34-24-31, inclusive, and rules promulgated thereunder concerning the prevention and treatment of fetal alcohol syndrome; or
(4)To the extent necessary to protect the health or life of a named person.
Source: SL 2001, ch 185, §2.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Section 34-24-16 - Educational program on metabolic diseases.
Section 34-24-17 - Screening of newborn infants for metabolic, inherited, and genetic disorders.
Section 34-24-18 - Phenylketonuria, hypothyroidism, and galactosemia testing in newborn.
Section 34-24-22 - Testing for other metabolic, inherited, or genetic disorders.
Section 34-24-24 - Information to be provided to parents or guardians.
Section 34-24-25 - Rules and regulations.
Section 34-24-27 - Reports of fetal alcohol syndrome.
Section 34-24-28 - Confidentiality of reports.
Section 34-24-29 - Disclosure of confidential reports as misdemeanor.
Section 34-24-30 - Good faith reporting not a libel or slander.
Section 34-24-31 - Civil and criminal immunity.
Section 34-24-32 - Pulse oximetry test required for newborns.