2016 South Dakota Codified Laws
Title 34 - PUBLIC HEALTH AND SAFETY
Chapter 50 - Stress Management Services For Emergency Service Providers
§ 34-50-5 Exceptions to confidentiality of communication to or record of critical incident stress management team or peer support team.
34-50-5. Exceptions to confidentiality of communication to or record of critical incident stress management team or peer support team. A communication or record described by § 34-50-4 is not confidential if:
(1) It conveys information to an appropriate professional for further consultation, advice, or referral service that the critical incident stress management team reasonably deems necessary for the continuing care of the emergency service provider;
(2) It conveys information that the emergency service provider is or reasonably appears to be an imminent threat to the provider or others;
(3) It conveys information relating to a past, present, or future criminal act;
(4) The emergency service provider, or the legal representative of the provider, expressly agrees that the communication or record is not confidential; or
(5) The emergency service provider is deceased.
A communication or record described by § 34-50-4 is not confidential to the extent that it only conveys information concerning the services and care provided to or withheld by the emergency service provider to an individual injured or killed in the critical incident.
Source: SL 2015, ch 187, § 5.
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