South Dakota Codified Laws 34-24-28. Confidentiality of reports
Any report required to be submitted pursuant to § 34-24-27 is strictly confidential. The reports may not be released, shared with any agency or institution, or made public, upon subpoena, search warrant, discovery proceedings or otherwise and are not admissible as evidence in any action of any kind in a court or before any tribunal, board, agency or person. However, release of medical or epidemiological information may be authorized by the Department of Health under any of the following circumstances:
(1) For statistical purposes in such a manner that no person can be identified;
Terms Used In South Dakota Codified Laws 34-24-28
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Subpoena: A command to a witness to appear and give testimony.
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(2) With the written consent of the person identified in the information released;
(3) To the extent necessary to enforce the provisions of §§ 34-24-28 to 34-24-31, inclusive, and rules promulgated thereunder concerning the prevention and treatment of fetal alcohol syndrome; or
(4) To the extent necessary to protect the health or life of a named person.
Source: SL 2001, ch 185, § 2.