25.523.12 100th Legislative Session 1061
2025 South Dakota Legislature
House Bill 1061
ENROLLED
AN ACT
ENTITLED 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:
A health care provider may not restrict or deny, to a parent or guardian who has
authority to make health care decisions on behalf of a minor, 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.
This section does not apply to a minor who has lawfully obtained a health care
service without the consent or notification of a parent or guardian, or as provided in 45
C.F.R. ยง 164.502(g)(5) (January 1, 2025). 25.523.12 2 1061
HB1061 ENROLLED
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.
I certify that the attached Act originated in
the:
House as Bill No. 1061
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1061
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State