PRIVACY POLICY INFORMATION

HIV RELATED CODIFIED LAWS IN SOUTH DAKOTA:

 

• 34-22-12. Mandatory communicable disease reports from physicians, laboratories, and institutions- -State tuberculosis register–Surveillance and control–Adoption of rules. The State Department of Health shall provide for the collection and processing of mandatory reports of identifiable and suspected cases of communicable disease, communicable disease carriers, and laboratory tests for communicable disease carriers, from all physicians, hospitals, laboratories, and institutions. The State Department of Health shall maintain a complete case register of tuberculosis suspects, active and presumably active cases, tuberculosis contacts, and arrested or presumably arrested cases. The State Department of Health shall provide information necessary for disease surveillance and control. To implement this section, the State Department of Health may adopt, pursuant to chapter 1-26, rules specifying the methods by which disease reports shall be made, the contents and timeliness of such reports, and diseases which shall be considered in such reports.

 

•  34-22-12.1. Confidentiality of reports–Exceptions. Any report required to be submitted pursuant to § 34-22-12 is strictly confidential medical information. No report may be released, shared with any agency or institution, or made public, upon subpoena, search warrant, discovery proceedings, or otherwise. No report is admissible as evidence in any action of any kind in any court or before any tribunal, board, agency, or person. However, the Department of Health may release medical or epidemiological information under any of the following circumstances: For statistical purposes in such a manner that no person can be identified; With the written consent of the person identified in the information released the extent necessary to enforce the provisions of this chapter and rules promulgated pursuant to this chapter concerning the prevention, treatment, control, and investigation of communicable diseases; To the extent necessary to protect the health or life of a named person; To the extent necessary to comply with a proper judicial order requiring release of human immunodeficiency virus test results and related information to a prosecutor for an investigation of a violation of § 22-18-31 and To the attorney general or an appropriate state’s attorney if the secretary of the Department of Health has reasonable cause to suspect that a person violated § 22-18-31.

 

•  34-22-12.2. Violation of confidentiality as misdemeanor. Except as provided in § 34-22-12.1, any person responsible for recording, reporting, or maintaining medical reports required to be submitted pursuant to § 34-22-12 who knowingly or intentionally discloses or fails to protect medical reports declared to be confidential under § 34-22-12 , or who compels another person to disclose such medical reports is guilty of a Class 1 misdemeanor.