An Act to prohibit a health care provider from restricting or denying a parent or guardian's access to certain medical records and other health information of a minor.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 36-2:

Unless a minor has lawfully obtained a health care service without the consent or notification of a parent or guardian, a health care provider may not restrict or deny, to a minor's parent or guardian, 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.