19-2-1, 19-2-2.
Repealed.
19-2-3
Physician-patient privilege waived when health of person in issue--Waiver to
be closely tailored--In camera review if party objects to discovery.
19-2-3.1
Repealed.
19-2-3.2
Physician-patient privilege waived in criminal proceeding.
19-2-4, 19-2-5.
Repealed.
19-2-5.1, 19-2-5.2.
Transferred.
19-2-6
Repealed.
19-2-7
Repealed.
19-2-8
Court to advise witnesses as to privileged communications and privilege
against self-incrimination.
19-2-9
Protection of privileges of persons not present.
19-2-10
Repealed.
19-2-10.1
Repealed.
19-2-11
Self-incrimination provisions not applicable to perjury prosecutions.
19-2-12
No physician-patient privilege if death or substantial bodily harm likely.
19-2-13
Medical privacy.
19-2-14
Definitions pertaining to journalist and newscaster privilege.
19-2-15
Journalist and newscaster privilege.
19-2-16
Contempt prohibited for asserting journalist and newscaster privilege.
19-2-17
Information to which journalist and newscaster privilege applies.
19-2-18
Information obtained in violation of § 19-2-15 inadmissible.
19-2-19
Fine or imprisonment prohibited for asserting journalist and newscaster
privilege.
19-2-20
Journalist and newscaster privilege applies to supervisors and employers.
19-2-3. Physician-patient privilege waived when health of person in issue--Waiver to be closely tailored--In camera review if party objects to discovery.
In any action or proceeding or quasi-judicial administrative proceeding, if the physical or mental health of any person is in issue, any privilege under subdivision 19-19-503(b) is waived at trial or for the purpose of discovery under chapter 15-6 if such action or proceeding is civil in nature. However, the waiver of the privilege shall be narrow in scope, closely tailored to the time period or subject matter of the claim. If any party or the holder of the privileged records objects to the discovery of the privileged communication on the grounds that disclosure of the communication would subject the party to annoyance, embarrassment, oppression, or undue burden or expense and that the disclosure of the privileged communication is not likely to lead to the discovery of relevant evidence, the court shall conduct an in camera review of the privileged communication to determine whether the communication is discoverable.
Source: SDC 1939 & Supp 1960, § 36.0101 (3); SL 1979, ch 154, § 1; SL 1997, ch 121, § 1; SL 2001, ch 103, § 2.
19-2-3.2. Physician-patient privilege waived in criminal proceeding.
In any action or proceeding of a criminal nature, if the physical or mental condition of any person is in issue, any privilege under subdivision 19-19-503(b) shall conclusively be deemed to be waived for the purpose of proving the commission of a criminal offense or for the purpose of impeaching the testimony of the patient, at trial, grand jury proceeding, or preliminary hearing, or for the purpose of discovery under Title 23A.
Source: SL 1997, ch 121, § 2.
19-2-8. Court to advise witnesses as to privileged communications and privilege against self-incrimination.
It shall be the duty of the court, of its own motion and without waiting for objection, to advise a witness at the appropriate time of his right to refuse to answer any question requiring the disclosure of any privileged communication or requiring or tending to require the witness to give testimony which might incriminate him, but the last clause shall not apply to a defendant in a criminal case who takes the stand to testify in his own behalf.
Source: Supreme Court Rule 498, 1939; SDC 1939 & Supp 1960, § 36.0103.
19-2-9. Protection of privileges of persons not present.
In all cases where it shall appear to the court that any person who is not present nor represented at the hearing should be protected in his right to have any communication made under the confidential relations provisions of §§ 19-19-502 to 19-19-505, inclusive, and § 19-19-508, excluded, it shall be the duty of the court to make such objections and orders for such purpose as to the court may seem necessary.
Source: Supreme Court Rule 498, 1939; SDC 1939 & Supp 1960, § 36.0103.
19-2-11. Self-incrimination provisions not applicable to perjury prosecutions.
The various statutes, which declare that evidence obtained upon the examination of a person as a witness shall not be received against him in any criminal proceeding, do not forbid such evidence being proved against such person upon any proceedings founded upon a charge of perjury committed in such examination.
Source: PenC 1877, § 767; CL 1887, § 6959; RPenC 1903, § 806; RC 1919, § 3623; SDC 1939 & Supp 1960, § 36.0405.
19-2-12. No physician-patient privilege if death or substantial bodily harm likely.
There is no privilege under subdivision 19-19-503(b) as to any communication to a physician licensed under chapter 36-4 relevant to the physical, mental, or emotional condition of a patient if, under the circumstances, the physician reasonably believes actions by the patient are likely to result in imminent death or substantial bodily harm to another.
Source: SL 1994, ch 158.
19-2-13. Medical privacy.
The production of a record of a health care provider, whether in litigation or in contemplation of litigation, does not waive any privilege which exists with respect to the record, other than for the use in which it is produced. Any person or entity receiving such a record may not reproduce, distribute, or use it for any purpose other than for which it is produced.
This rule does not bar any person or entity from complying with any court order, or state or federal law or regulation authorizing disclosure of information that otherwise would be protected by this rule.
Source: SL 2011, ch 231 (Supreme Court Rule 10-07), eff. Oct. 1, 2010; SL 2011, ch 259 (Supreme Court Rule 11-16), eff. July 1, 2011.
19-2-14. Definitions pertaining to journalist and newscaster privilege.
Terms used in §§ 19-2-14 to 19-2-20, inclusive, mean:
(1) "Journalist," any person who, for pay, is engaged in gathering, preparing, collecting, writing, editing, filming, taping, or photographing news for publication in or with a newspaper, magazine, news agency, press association, wire service, or other professional medium or agency that has as one of its principal functions the processing and researching of news intended for publication. The term includes any person who is an employee of, or who is otherwise affiliated for pay with, the medium or agency and any student enrolled at an accredited university, college, or technical school in this state who otherwise meets the requirements of this subdivision;
(2) "Magazine," any publication containing news that is published and distributed periodically for at least one year, has a paid circulation, and has been entered with the United States Postal Service as periodicals-class material;
(3) "News," any written, oral, pictorial, photographic, or electronically recorded information or communication concerning local, national, or worldwide events or other matters of public concern or public interest or affecting the public welfare;
(4) "News agency," any organization that supplies news to subscribing newspapers, magazines, periodicals, and news broadcasters;
(5) "Newscaster," any person who, for pay, is engaged in gathering, preparing, collecting, writing, editing, filming, taping, or broadcasting news on a radio or television station licensed by the Federal Communications Commission. The term includes any student enrolled at an accredited university, college, or technical school in this state who meets the requirements of this subdivision;
(6) "Newspaper," any legal newspaper as defined under §§ 17-2-2.1 to 17-2-2.5, inclusive;
(7) "Press association," any association of newspapers or magazines formed to gather and distribute news to its members;
(8) "Wire service," any news agency that provides syndicated news copy by wire to subscribing newspapers, magazines, periodicals, or news broadcasters.
Source: SL 2019, ch 102, § 1.
19-2-15. Journalist and newscaster privilege.
A journalist or newscaster who is or has previously been employed by or otherwise associated with any newspaper, magazine, news agency, press association, wire service, radio or television transmission station or network has a privilege to refuse to disclose, and to prevent any other person from disclosing, any information obtained or received in confidence, or the identity of the source of the information, if the journalist or newscaster:
(1) Obtains or receives the information, with or without solicitation, in the course of gathering or obtaining news for publication in a newspaper, magazine, or for broadcast by a radio or television transmission station or network; and
(2) Is employed by or otherwise associated in a news-gathering capacity with the newspaper, magazine, or radio or television transmission station or network.
Source: SL 2019, ch 102, § 2.
19-2-16. Contempt prohibited for asserting journalist and newscaster privilege.
Notwithstanding any other law, a court in connection with any civil or criminal proceeding, the Legislature, any agency or other public body in the state having the power of contempt, may not hold in contempt any journalist or newscaster for asserting the privilege under § 19-2-15. A grand jury may not request any court to hold any journalist or newscaster in contempt for asserting the privilege under § 19-2-15.
Source: SL 2019, ch 102, § 3.
19-2-17. Information to which journalist and newscaster privilege applies.
The privilege asserted in accordance with § 19-2-15 applies to any information the journalist or newscaster refuses to disclose, notwithstanding whether:
(1) A court, the Legislature, or any agency or public body in the state deems the information to be highly relevant to a particular proceeding or inquiry; or
(2) The information is published or otherwise publicly released.
Source: SL 2019, ch 102, § 4.
19-2-18. Information obtained in violation of § 19-2-15 inadmissible.
Any information obtained in violation of § 19-2-15 is inadmissible in any action, proceeding, or hearing before the Legislature, any court, or any other agency or public body in the state.
Source: SL 2019, ch 102, § 5.
19-2-19. Fine or imprisonment prohibited for asserting journalist and newscaster privilege.
No fine or term of imprisonment may be imposed upon any journalist or newscaster for asserting a privilege in accordance with § 19-2-15.
Source: SL 2019, ch 102, § 6.
19-2-20. Journalist and newscaster privilege applies to supervisors and employers.
The privilege asserted in accordance with § 19-2-15 applies to any supervisor or employer having authority over the journalist or newscaster, including any faculty advisor, educational institution, newspaper, magazine, or television or transmission station or network that is associated with an accredited college, university, or technical school in this state.
Source: SL 2019, ch 102, § 7.
