34-22-12. Mandatory communicable disease reports from physicians, laboratories, and institutions--State tuberculosis register--Surveillance and control--Adoption of rules.

The State Department of Health shall provide for the collection and processing of mandatory reports of identifiable and suspected cases of communicable disease, communicable disease carriers, and laboratory tests for communicable disease carriers, from all physicians, hospitals, laboratories, and institutions. The State Department of Health shall maintain a complete case register of tuberculosis suspects, active and presumably active cases, tuberculosis contacts, and arrested or presumably arrested cases. The State Department of Health shall provide information necessary for disease surveillance and control. To implement this section, the State Department of Health may adopt, pursuant to chapter 1-26, rules specifying the methods by which disease reports shall be made, the contents and timeliness of such reports, and diseases which shall be considered in such reports.

Source: SL 1963, ch 380, § 5 (6); SL 1978, ch 251, §§ 1, 2.



SDLRC - Codified Law 34-22-12 - Mandatory communicable disease reports from physicians, laboratories, and institutions--State tuberculosis register--Surveillance and control--Adoption of rules.

34-22-12.1. Confidentiality of reports--Exceptions.

Any report required to be submitted pursuant to § 34-22-12 is strictly confidential medical information. No report may be released, shared with any agency or institution, or made public, upon subpoena, search warrant, discovery proceedings, or otherwise. No report is admissible as evidence in any action of any kind in any court or before any tribunal, board, agency, or person. However, the Department of Health may release medical or epidemiological information under any of the following circumstances:

(1)    For statistical purposes in such a manner that no person can be identified;

(2)    With the written consent of the person identified in the information released;

(3)    To the extent necessary to enforce the provisions of this chapter and rules promulgated pursuant to this chapter concerning the prevention, treatment, control, and investigation of communicable diseases;

(4)    To the extent necessary to protect the health or life of a named person;

(5)    To the extent necessary to comply with a proper judicial order requiring release of human immunodeficiency virus test results and related information to a prosecutor for an investigation of a violation of § 22-18-31; and

(6)    To the attorney general or an appropriate state's attorney if the secretary of the Department of Health has reasonable cause to suspect that a person violated § 22-18-31.

Source: SL 1989, ch 296, § 1; SL 2003, ch 184, § 1.



SDLRC - Codified Law 34-22-12 - Mandatory communicable disease reports from physicians, laboratories, and institutions--State tuberculosis register--Surveillance and control--Adoption of rules.

34-22-12.2. Violation of confidentiality as misdemeanor.

Except as provided in § 34-22-12.1, any person responsible for recording, reporting, or maintaining medical reports required to be submitted pursuant to § 34-22-12 who knowingly or intentionally discloses or fails to protect medical reports declared to be confidential under § 34-22-12.1, or who compels another person to disclose such medical reports, is guilty of a Class 1 misdemeanor.

Source: SL 1989, ch 296, § 2.



SDLRC - Codified Law 34-22-12 - Mandatory communicable disease reports from physicians, laboratories, and institutions--State tuberculosis register--Surveillance and control--Adoption of rules.

34-22-12.3. Effect of good faith reporting.

Good faith reporting or disclosure pursuant to § 34-22-12 does not constitute a libel or slander or a violation of the right of privacy or privileged communication.

Source: SL 1989, ch 296, § 3.



SDLRC - Codified Law 34-22-12 - Mandatory communicable disease reports from physicians, laboratories, and institutions--State tuberculosis register--Surveillance and control--Adoption of rules.

34-22-12.4. Compliance with reporting requirements--Liability.

Any person who in good faith complies with the reporting requirements of § 34-22-12 is immune from civil and criminal liability for such action taken in compliance with the provisions of § 34-22-12. Compliance by a person or facility with the reporting requirements of § 34-22-12 fulfills any duty of such person or facility to protect the public health.

Source: SL 1989, ch 296, § 4.



SDLRC - Codified Law 34-22-12 - Mandatory communicable disease reports from physicians, laboratories, and institutions--State tuberculosis register--Surveillance and control--Adoption of rules.

34-22-12.5. Sharing of immunization records permitted unless signed refusal in medical record--Violation as a misdemeanor.

A patient's immunization record shall be shared among health care providers, health care facilities, federal or state health agencies, child welfare agencies, schools, or family day care facilities, without the consent of the patient or the person acting on the patient's behalf unless the patient's signed refusal to release immunization information is part of the patient's medical record. The provider shall provide notice in any written form to the patient, or if the patient is a minor, the patient's parent or guardian of the patient's ability to refuse to permit immunization information to be shared. If the patient is a minor, the refusal to release immunization information may be signed by the patient's parent or guardian on behalf of the minor patient. Any person who receives immunization data pursuant to this section and knowingly or intentionally discloses or fails to protect the confidentiality of the data is guilty of a Class 1 misdemeanor.

Source: SL 1996, ch 214; SL 2015, ch 182, § 1.