ENTITLED, An Act to
allow access to a deceased person's medical record.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
34-12-15
be amended to read as follows:
34-12-15.
All superintendents, or managers, or other persons in charge of hospitals, lying-in, or
other institutions, public or private, to which persons resort for treatment of disease, confinement,
or are committed by process of law, shall make and keep a record of all the personal and statistical
particulars relative to the inmates, such record to be made at the time of their admittance and in such
form of certificate as directed by the secretary of health. In case of persons admitted or committed
for treatment of disease, the physician in charge shall specify for entry in such record the nature of
the disease and where in the physician's opinion it was contracted. The personal particulars and
information required by this section shall be obtained from the individual, if it is practicable to do so,
and if not practicable, shall be obtained in as complete a manner as possible from relatives, friends,
or other persons acquainted with the facts. Such record shall be open at all times to the inspection
of the secretary of health or an accredited agent of the secretary.
A health care facility shall provide copies of all medical records, reports, and X rays pertinent to
the health of the patient, if available, to a discharged patient or the patient's designee upon receipt by
the health care facility of a written request or a legible copy of a written request signed by the patient.
The health care facility may require before delivery that the patient pay the actual reproduction and
mailing expense.
If a personal representative of a deceased patient has not been appointed, the following surviving
family members, in the priority stated, have the right to copies of the patient's medical record to the
same extent as the patient would have the right to copies of the medical record while alive:
(1) The spouse, if not legally separated at the time of the patient's death;
(2) An adult child;
(3) A parent;
(4) An adult sibling;
(5) A grandparent or an adult grandchild;
(6) An adult aunt or uncle, or an adult niece or nephew.
A health care facility, complying in good faith with the provisions of this section, may not be held
liable for any injury or damage proximately resulting from compliance with this section. This section
does not apply to chemical dependency treatment facilities.
An Act to allow access to a deceased person's medical record.
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I certify that the attached
Act
originated in the
HOUSE as
Bill
No.
1223
|
____________________________
Chief Clerk
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____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House
Bill
No.
1223
File No. ____
Chapter No. ______
|
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Received at this Executive Office
this _____ day of _____________ ,
19____ at ____________ M.
| By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 19___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 19___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State