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§ 36-2-16-1 — South Dakota Law | CourtGPT
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South Dakota Legal Code

§ 36-2-16-1

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36-2-16.1. Medical record--Definitions.Terms used in this §§36-2-16.1 to 36-2-17, inclusive, mean:(1)'Electronic health information,' an electronic record of information about a patient’s health, which is:(a)Created, gathered, consulted, and managed by the patient’s health care provider; and(b)Made available to the patient through a patient portal;(2)'Health care provider,' any licensed health care facility or any person licensed, certified, or otherwise authorized or permitted by law to provide health care;(3)'Medical record,' information, in any form or medium, that pertains to a patient’s health care, including the patient's medical history, diagnosis, prognosis, medical condition or billing, and is maintained by a health care provider for purposes of caring for the patient’s health, provided the term does not include any information subject to the provisions of §62-7-8;(4)'Medical records company,' an entity that stores, locates, or copies medical records for a health care provider;(5)'Patient,' any of the following:(a)An individual who receives or has received health care from a health care provider;(b)Any person authorized to make health care decisions for an individual

vider;(5)'Patient,' any of the following:(a)An individual who receives or has received health care from a health care provider;(b)Any person authorized to make health care decisions for an individual referenced in subsection (a), pursuant to chapter 29A-5 or 34-12C, or §§59-7-2.1 and 59-7-2.4; or(c)If the individual referenced in subsection (a) is a minor, the minor’s parent, unless the minor lawfully obtained the health care documented in the applicable medical record without the consent or notification of the parent; and(6)'Patient Portal,' a secure online website that:(a)Is owned and operated by a health care provider; and(b)Gives a patient access to the patient’s electronic health information from anywhere, using an internet connection. Source: SL 2023, ch 134, §1.