2021 South Dakota Codified Laws
Title 27A - Mentally Ill Persons
Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness
Section 27A-12-27 - Obligation to disclose confidential information.
27A-12-27. Obligation to disclose confidential information.
If requested, information shall be disclosed:
(1)Pursuant to an order or subpoena of a board of mental illness or a court of record or a subpoena of the Legislature;
(2)To a prosecuting or defense attorney or to a qualified mental health professional as necessary for the attorney or professional to participate in a proceeding governed by this title;
(3)To an attorney representing a person who is presently subject to the authority of this title or who has been discharged when that person has given consent;
(4)If necessary in order to comply with another provision of law;
(5)To the department if the information is necessary to enable the department to discharge a responsibility placed upon it by law;
(6)To a states attorney or the attorney general for purpose of investigation of an alleged criminal act either committed by or upon a human services center patient while a patient of the center; or
(7)To a law enforcement official or agency, or correctional institution, if the official, agency, or institution informs the inpatient facility that an arrest warrant has been issued for or criminal charges are pending against a person, for purposes of obtaining custody of the person by a law enforcement official or agency before discharge.
Source: SL 1975, ch 181, §14; SDCL Supp §27-7-60; SL 1991, ch 220, §§231, 232; SL 1992, ch 189, §5; SL 2016, ch 147, §1.
