South Dakota § 36-2-16.1 Definitions.

South Dakota Statutes

§ 36-2-16.1 — Definitions.

South Dakota § 36-2-16.1

Title 36PROFESSIONS AND OCCUPATIONS

Ch. 36-1BPRACTITIONERS OF HEALING ARTS IN GENERAL

This text of South Dakota § 36-2-16.1 (Definitions.) 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 § 36-2-16.1 (2026).

Text

Medical record-- Terms used in this §§ to 36-2-17 , inclusive, mean:

(1)“Electronic health information,” an electronic record of information about a patient’s health, which is:

(a)Created, gathered, consulted, and managed by the patient’s health care provider; and (b) Made available to the patient through a patient portal;

(2)“Health care provider,” any licensed health care facility or any person licensed, certified, or otherwise authorized or permitted by law to provide health care;

(3)“Medical record,” information, in any form or medium, that pertains to a patient’s health care, including the patient's medical history, diagnosis, prognosis, medical condition or billing, and is maintained by a health care provider for purposes of caring for the patient’s health, provide

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Medical record-- Terms used in this §§ to 36-2-17 , inclusive, mean: (1) “Electronic health information,” an electronic record of information about a patient’s health, which is: (a) Created, gathered, consulted, and managed by the patient’s health care provider; and (b) Made available to the patient through a patient portal; (2) “Health care provider,” any licensed health care facility or any person licensed, certified, or otherwise authorized or permitted by law to provide health care; (3) “Medical record,” information, in any form or medium, that pertains to a patient’s health care, including the patient's medical history, diagnosis, prognosis, medical condition or billing, and is maintained by a health care provider for purposes of caring for the patient’s health, provided the term does not include any information subject to the provisions of § 62-7-8 ; (4) “Medical records company,” an entity that stores, locates, or copies medical records for a health care provider; (5) “Patient,” any of the following: (a) An individual who receives or has received health care from a health care provider; (b) Any person authorized to make health care decisions for an individual referenced in subsection (a), pursuant to chapter 29A-5 or 34-12C , or §§ 59-7-2.1 and 59-7-2.4 ; or (c) If the individual referenced in subsection (a) is a minor, the minor’s parent, unless the minor lawfully obtained the health care documented in the applicable medical record without the consent or notification of the parent; and (6) “Patient Portal,” a secure online website that: (a) Is owned and operated by a health care provider; and (b) Gives a patient access to the patient’s electronic health information from anywhere, using an internet connection.