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South Dakota House Bill HB1061

South Dakota 2025 Regular Session

South Dakota House Bill HB1061 Compare Versions

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1-25.523.12 100th Legislative Session 1061
1+25.523.11 100th Legislative Session 1061
22
33
44 2025 South Dakota Legislature
55 House Bill 1061
6-ENROLLED
7-
8-AN ACT
9-
10-
11-ENTITLED An Act to prohibit a health care provider from restricting or denying a
12-parent or guardian's access to certain medical records and other health
13-information of a minor.
14-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
15-Section 1. That a NEW SECTION be added to chapter 36-2:
16-A health care provider may not restrict or deny, to a parent or guardian who has
17-authority to make health care decisions on behalf of a minor, access to the minor's:
18-(1) Electronic health information;
19-(2) Medical record; or
20-(3) Patient portal.
21-Any agreement between a health care provider and a parent or guardian that
22-restricts or denies access to the parent or guardian in violation of this section is void and
23-unenforceable.
24-This section does not apply to a minor who has lawfully obtained a health care
25-service without the consent or notification of a parent or guardian, or as provided in 45
26-C.F.R. § 164.502(g)(5) (January 1, 2025). 25.523.12 2 1061
27-HB1061 ENROLLED
28-An Act to prohibit a health care provider from restricting or denying a parent or guardian's
29-access to certain medical records and other health information of a minor.
30-
31-
32-
33-
34-I certify that the attached Act originated in
35-the:
36-
37-House as Bill No. 1061
38-
39-
40-
41-Chief Clerk
42-
43-
44-
45-
46-Speaker of the House
47-
48-Attest:
49-
50-
51-
52-
53-Chief Clerk
54-
55-
56-
57-
58-President of the Senate
59-
60-Attest:
6+HOUSE HEALTH AND HUMAN SERVICES ENGROSSED
617
628
639
6410
6511
66-Secretary of the Senate
12+Introduced by: Representative Hughes
6713
68-
69-
70-House Bill No. 1061
71-File No. ____
72-Chapter No. ______
73-
74-
75-
76-Received at this Executive Office
77-this _____ day of _____________,
78-
79-2025 at ____________M.
80-
81-
82-
83-By
84-for the Governor
85-
86-
87-The attached Act is hereby
88-approved this ________ day of
89-______________, A.D., 2025
90-
91-
92-
93-
94-
95-Governor
96-
97-STATE OF SOUTH DAKOTA ,
98-ss.
99-Office of the Secretary of State
100-
101-
102-Filed ____________, 2025
103- at _________ o'clock __M.
104-
105-
106-
107-
108-
109-Secretary of State
110-
111-
112-
113-By
114-Asst. Secretary of State
115-
116-
14+ Underscores indicate new language.
15+ Overstrikes indicate deleted language.
16+An Act to prohibit a health care provider from restricting or denying a parent or 1
17+guardian's access to certain medical records and other health information of 2
18+a minor. 3
19+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4
20+Section 1. That a NEW SECTION be added to chapter 36-2: 5
21+A health care provider may not restrict or deny, to a parent or guardian who has 6
22+authority to make health care decisions on behalf of a minor, access to the minor's: 7
23+(1) Electronic health information; 8
24+(2) Medical record; or 9
25+(3) Patient portal. 10
26+Any agreement between a health care provider and a parent or guardian that 11
27+restricts or denies access to the parent or guardian in violation of this section is void and 12
28+unenforceable. 13
29+This section does not apply to a minor who has lawfully obtained a health care 14
30+service without the consent or notification of a parent or guardian, or as provided in 45 15
31+C.F.R. § 164.502(g)(5) (January 1, 2025). 16