In any action or proceeding or quasi-judicial administrative proceeding, if the physical or mental health of any person is in issue, any privilege under subdivision 19-19-503(b) is waived at trial or for the purpose of discovery under chapter 15-6 if such action or proceeding is civil in nature. However, the waiver of the privilege shall be narrow in scope, closely tailored to the time period or subject matter of the claim. If any party or the holder of the privileged records objects to the discovery of the privileged communication on the grounds that disclosure of the communication would subject the party to annoyance, embarrassment, oppression, or undue burden or expense and that the disclosure of the privileged communication is not likely to lead to the discovery of relevant evidence, the court shall conduct an in camera review of the privileged communication to determine whether the communication is discoverable.
S.D. Codified Laws § 19-2-3
Physician-patient privilege waived when health of person in issue--Waiver to be closely tailored--In camera review if party objects to discovery
Applied in 14 court decisions — leading case State v. Bowker (2008)
Most recently applied in Osdoba v. Kelley-Osdoba (June 2018)
Source: SDC 1939 & Supp 1960, § 36.0101 (3); SL 1979, ch 154, § 1; SL 1997, ch 121, § 1; SL 2001, ch 103, § 2.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.