South Dakota § 36-2-16.1 - Medical record--Definitions.

§ 36-2-16.1. Medical record--Definitions.

Terms used in this §§ 36-2-16.1 to 36-2-17, inclusive, mean:

(1)    “Electronic health information,” an electronic record of information about a patient’s health, which is:

(a)    Created, gathered, consulted, and managed by the patient’s health care provider; and

(b)    Made available to the patient through a patient portal;

(2)    “Health care provider,” any licensed health care facility or any person licensed, certified, or otherwise authorized or permitted by law to provide health care;

(3)    “Medical record,” information, in any form or medium, that pertains to a patient’s health care, including the patient's medical history, diagnosis, prognosis, medical condition or billing, and is maintained by a health care provider for purposes of caring for the patient’s health, provided the term does not include any information subject to the provisions of § 62-7-8;

(4)    “Medical records company,” an entity that stores, locates, or copies medical records for a health care provider;

(5)    “Patient,” any of the following:

(a)    An individual who receives or has received health care from a health care provider;

(b)    Any person authorized to make health care decisions for an individual referenced in subsection (a), pursuant to chapter 29A-5 or 34-12C, or §§ 59-7-2.1 and 59-7-2.4; or

(c)    If the individual referenced in subsection (a) is a minor, the minor’s parent, unless the minor lawfully obtained the health care documented in the applicable medical record without the consent or notification of the parent; and

(6)    “Patient Portal,” a secure online website that:

(a)    Is owned and operated by a health care provider; and

(b)    Gives a patient access to the patient’s electronic health information from anywhere, using an internet connection.

Source: SL 2023, ch 134, § 1.