South Dakota § 27A-12-26.1 Access to own records--Exceptions--Confidentiality following discharge.

South Dakota Statutes

§ 27A-12-26.1 — Access to own records--Exceptions--Confidentiality following discharge.

South Dakota § 27A-12-26.1

Title 27AMENTALLY ILL PERSONS

Ch. 27A-12CARE, TREATMENT, AND RIGHTS OF PATIENTS WITH MENTAL ILLNESS

This text of South Dakota § 27A-12-26.1 (Access to own records--Exceptions--Confidentiality following discharge.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 27A-12-26.1 (2026).

Text

A person has the right to access, upon request, to his mental health records. However, the person may be refused access to:

(1)Information in such records provided by a third party under assurance that such information remain confidential; and (2) Specific material in such records if the qualified mental health professional responsible for the mental health services concerned has made a determination in writing that such access would be detrimental to the person's health. However, such material may be made available to a similarly licensed qualified mental health professional, selected by the person; and such professional may, in the exercise of professional judgment, provide such person with access to any or all parts of such material or otherwise disclose the information contained

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A person has the right to access, upon request, to his mental health records. However, the person may be refused access to: (1) Information in such records provided by a third party under assurance that such information remain confidential; and (2) Specific material in such records if the qualified mental health professional responsible for the mental health services concerned has made a determination in writing that such access would be detrimental to the person's health. However, such material may be made available to a similarly licensed qualified mental health professional, selected by the person; and such professional may, in the exercise of professional judgment, provide such person with access to any or all parts of such material or otherwise disclose the information contained in the material to such person. The rights to confidentiality of and access to records as provided in §§ 27A-12-25 to 27A-12-32 , inclusive, shall remain applicable to records pertaining to such person after the person's discharge.