South Dakota § 36-2-16.8 Medical record--Access by parent or guardian--Conflicting provision void--Exception.

South Dakota Statutes

§ 36-2-16.8 — Medical record--Access by parent or guardian--Conflicting provision void--Exception.

South Dakota § 36-2-16.8

Title 36PROFESSIONS AND OCCUPATIONS

Ch. 36-1BPRACTITIONERS OF HEALING ARTS IN GENERAL

This text of South Dakota § 36-2-16.8 (Medical record--Access by parent or guardian--Conflicting provision void--Exception.) 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 § 36-2-16.8 (2026).

Text

A health care provider may not restrict or deny, to a parent or guardian who has authority to make health care decisions on behalf of a minor, access to the minor's:

(1)Electronic health information;

(2)Medical record; or (3) Patient portal. Any agreement between a health care provider and a parent or guardian that restricts or denies access to the parent or guardian in violation of this section is void and unenforceable. This section does not apply to a minor who has lawfully obtained a health care service without the consent or notification of a parent or guardian, or as provided in 45 C.F.R. § 164.502(g)(5) (January 1, 2025).

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A health care provider may not restrict or deny, to a parent or guardian who has authority to make health care decisions on behalf of a minor, access to the minor's: (1) Electronic health information; (2) Medical record; or (3) Patient portal. Any agreement between a health care provider and a parent or guardian that restricts or denies access to the parent or guardian in violation of this section is void and unenforceable. This section does not apply to a minor who has lawfully obtained a health care service without the consent or notification of a parent or guardian, or as provided in 45 C.F.R. § 164.502(g)(5) (January 1, 2025).