AN ACT
ENTITLED, An Act
to revise certain provisions relating to confidentiality of certain medical
committees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-4-26.2 be amended to read as follows:
36-4-26.2. Section 36-4-26.1 applies neither to facts associated with a patient's treatment and care nor to patient records prepared in conjunction with treatment and care rendered to a patient who is a party to an action or proceeding, the subject matter of which is the care and treatment of the patient. Furthermore, after the notification of adverse parties as hereinafter provided, § 36-4-26.1 does not apply to the proceedings, records, reports, statements, minutes, or other data of any committee, department, section, board of directors, or group covered by § 36-4-26.1, in so far as they relate to the statements or opinions of a member thereof made or rendered at its meeting, if the member is called as a witness on behalf of any party in an action involving the quality, type, or necessity of such care rendered. However:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-4-26.2 be amended to read as follows:
36-4-26.2. Section 36-4-26.1 applies neither to facts associated with a patient's treatment and care nor to patient records prepared in conjunction with treatment and care rendered to a patient who is a party to an action or proceeding, the subject matter of which is the care and treatment of the patient. Furthermore, after the notification of adverse parties as hereinafter provided, § 36-4-26.1 does not apply to the proceedings, records, reports, statements, minutes, or other data of any committee, department, section, board of directors, or group covered by § 36-4-26.1, in so far as they relate to the statements or opinions of a member thereof made or rendered at its meeting, if the member is called as a witness on behalf of any party in an action involving the quality, type, or necessity of such care rendered. However:
(1)
Such information may only be used to impeach the testimony of such witness; and
(2)
Such witness may not testify unless the party calling the witness has notified all adverse
parties to the action at least thirty days before trial of the person's intention to use such
witness.
An Act to revise certain provisions relating to confidentiality of certain medical committees.
An Act to revise certain provisions relating to confidentiality of certain medical committees.
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I certify that the attached Act originated in the
HOUSE as
Bill
No.
1234
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____________________________
Chief Clerk
Chief Clerk
____________________________
Speaker of the House
Speaker of the House
Attest:
____________________________
Chief Clerk
Chief Clerk
____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
Secretary of the Senate
House
Bill
No.
1234
File No. ____
Chapter No. ______=========================
Received at this Executive Office this ____ day of _____________ ,
File No. ____
Chapter No. ______
Received at this Executive Office this ____ day of _____________ ,
19___ at _____ M.
By _________________________
for the Governor
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 19___
____________________________
Governor
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 19___
at _________ o'clock __ M.
____________________________
Secretary of State
Secretary of State
By _________________________
Asst. Secretary of State
