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S.D. Codified Laws § 27A-12-26.1

Access to own records--Exceptions--Confidentiality following discharge

Source: SL 1991, ch 220, § 230.

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.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.