South Dakota § 36-4B-34.3 - Application of § 36-4B-34.2 to observations made and records prepared during treatment--Testimony as witness.

§ 36-4B-34.3. Application of § 36-4B-34.2 to observations made and records prepared during treatment--Testimony as witness.

The provisions of § 36-4B-34.2 do not apply to any observation made at the time of treatment by a health care professional present during a patient's treatment or to patient records prepared during the treatment and care rendered to a patient who is personally or by personal representative a party to an action or proceeding, the subject matter of which is the care and treatment of the patient. Furthermore, no member of any committee covered by § 36-4B-34.1 who has participated in deliberations under that section involving the subject matter of the action, may testify as an expert witness for any party in any action for personal injury or wrongful death, the subject matter of which is the care and treatment of the patient. Notwithstanding membership on any committee covered by § 36-4B-34.1, a health care professional observing or participating in the patient's treatment and care may testify as a fact or expert witness concerning that treatment and care, but may not be required to testify as to anything protected by § 36-4B-34.1.

Source: SL 2004, ch 244, § 3.