South Dakota § 36-2-16.8 - Medical record--Access by parent or guardian--Conflicting provision void--Exception.
Full text of South Dakota South Dakota Codified Laws § 36-2-16.8 — Medical record--Access by parent or guardian--Conflicting provision void--Exception., with citation guidance and answers to common questions.
§ 36-2-16.8. Medical record--Access by parent or guardian--Conflicting provision void--Exception.
A health care provider may not restrict or deny, to a parent or guardian who has authority to make health care decisions on behalf of a minor, access to the minor's:
(1) Electronic health information;
(2) Medical record; or
(3) Patient portal.
Any agreement between a health care provider and a parent or guardian that restricts or denies access to the parent or guardian in violation of this section is void and unenforceable.
This section does not apply to a minor who has lawfully obtained a health care service without the consent or notification of a parent or guardian, or as provided in 45 C.F.R. § 164.502(g)(5) (January 1, 2025).
Source: SL 2025, ch 147, § 1.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 36-2-16.8
What does South Dakota Codified Laws § 36-2-16.8 cover?
Section 36-2-16.8 ("Medical record--Access by parent or guardian--Conflicting provision void--Exception.") 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 § 36-2-16.8?
A common citation format is "South Dakota Codified Laws § 36-2-16.8" (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 § 36-2-16.8 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.