Bill > HB1061

This bill adds a new section to South Dakota law that prevents healthcare providers from restricting or denying a parent or guardian's access to a minor's electronic health information, medical records, or patient portal, provided the parent or guardian has the authority to make healthcare decisions for the minor. Any prior agreements that attempt to restrict such access would be considered void and unenforceable. The bill includes an important exception for situations where a minor has legally obtained healthcare services without parental consent or notification, or in cases covered by specific federal health privacy regulations (specifically 45 C.F.R. § 164.502(g)(5), which will take effect on January 1, 2025). This legislation aims to ensure parents and guardians can fully understand and participate in a minor's healthcare, while still respecting certain circumstances where a minor might seek medical services independently.

Health and Social Services

https://sdlegislature.gov/#/Session/Bill/25877