36-2A-12. Confidentiality of participants' records.
All records of program participants are confidential and are not subject to discovery or subpoena. Only authorized program personnel may have access to participant records unless the participant voluntarily provides for written release of the information. A board may only have access to records of participants who were referred by the board, who refused to cooperate with the program, or who have been terminated by the program.
Source: SL 1996, ch 227, §12; SL 2013, ch 171, §12; SL 2021, ch 170, § 13.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 02A - Health Professionals Assistance Program
Section 36-2A-1 - Definitions.
Section 36-2A-1.1 - Health professional assistance program--Relation to sanctions.
Section 36-2A-2 - Health professional assistance program--Standards.
Section 36-2A-6 - Application to program--Admission evaluation.
Section 36-2A-7 - Eligibility.
Section 36-2A-8 - Denial of admission.
Section 36-2A-9 - Participation components.
Section 36-2A-12 - Confidentiality of participants' records.
Section 36-2A-13 - Immunity for reports and actions related to duties.
Section 36-2A-14 - Promulgation of rules.
Section 36-2A-16 - Physician wellness program defined.
Section 36-2A-17 - Physician wellness program--Confidentiality--Exemption.
Section 36-2A-18 - Physician wellness program--Statewide association.
Section 36-2A-19 - Physician wellness program--Civil liability.