25.523.11 100th Legislative Session 1061
2025 South Dakota Legislature
House Bill 1061
HOUSE HEALTH AND HUMAN SERVICES ENGROSSED
Introduced by: Representative Hughes
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to prohibit a health care provider from restricting or denying a parent or 1
guardian's access to certain medical records and other health information of 2
a minor. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4
Section 1. That a NEW SECTION be added to chapter 36-2: 5
A health care provider may not restrict or deny, to a parent or guardian who has 6
authority to make health care decisions on behalf of a minor, access to the minor's: 7
(1) Electronic health information; 8
(2) Medical record; or 9
(3) Patient portal. 10
Any agreement between a health care provider and a parent or guardian that 11
restricts or denies access to the parent or guardian in violation of this section is void and 12
unenforceable. 13
This section does not apply to a minor who has lawfully obtained a health care 14
service without the consent or notification of a parent or guardian, or as provided in 45 15
C.F.R. ยง 164.502(g)(5) (January 1, 2025). 16