South Dakota Codified Laws 36-32-78. Privileged information–Exceptions
No licensee or an employee of a licensee may disclose information that was acquired from any person consulting the licensee in a professional capacity that was necessary to render services in a professional capacity, except:
(1) If mandated by state law or authorized under the Health Insurance Portability and Accountability Act of 1996, as amended to January 1, 2020;
Terms Used In South Dakota Codified Laws 36-32-78
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- 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 or, in the case of the person’s death or disability, with the written consent of a personal representative, a person authorized to sue on the person’s behalf, or the beneficiary of an insurance policy related to the person’s life, health, or physical condition;
(3) If the information is necessary to prevent or mitigate a serious and imminent threat to the health or safety of a person or to the public and the disclosure is made to a person reasonably able to prevent or mitigate the threat, including the target of the threat;
(4) If the licensed professional counselor or professional counselor–mental health is a party defendant to a civil, criminal, or disciplinary action arising from the counselor’s professional capacity, in which case any waiver of the privilege accorded by this section is limited to that action;
(5) If the client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant’s right to a compulsory process or right to present testimony and evidence; or
(6) If the person waives the privilege by bringing charges against the licensee.
Source: SL 2020, ch 165, § 32.