South Dakota § 27A-12-26.1 - Access to own records--Exceptions--Confidentiality following discharge.
Full text of South Dakota South Dakota Codified Laws § 27A-12-26.1 — Access to own records--Exceptions--Confidentiality following discharge., with citation guidance and answers to common questions.
§ 27A-12-26.1. Access to own records--Exceptions--Confidentiality following discharge.
A person has the right to access, upon request, to his mental health records. However, the person may be refused access to:
(1) Information in such records provided by a third party under assurance that such information remain confidential; and
(2) Specific material in such records if the qualified mental health professional responsible for the mental health services concerned has made a determination in writing that such access would be detrimental to the person's health. However, such material may be made available to a similarly licensed qualified mental health professional, selected by the person; and such professional may, in the exercise of professional judgment, provide such person with access to any or all parts of such material or otherwise disclose the information contained in the material to such person.
The rights to confidentiality of and access to records as provided in §§ 27A-12-25 to 27A-12-32, inclusive, shall remain applicable to records pertaining to such person after the person's discharge.
Source: SL 1991, ch 220, § 230.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 27A-12-26.1
What does South Dakota Codified Laws § 27A-12-26.1 cover?
Section 27A-12-26.1 ("Access to own records--Exceptions--Confidentiality following discharge.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 27A-12-26.1?
A common citation format is "South Dakota Codified Laws § 27A-12-26.1" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 27A-12-26.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.