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House passes bill clarifying parents' access to minors' medical records, preserving some confidentiality

February 05, 2025 | 2025 Legislative SD, South Dakota


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House passes bill clarifying parents' access to minors' medical records, preserving some confidentiality
The House approved House Bill 10-61A, which clarifies when healthcare providers may deny or restrict a parent’s access to certain medical records and preserves a set of exceptions for confidential adolescent care.

Representative Hughes, the bill’s sponsor, said the measure mirrors the statutory definition of medical records and was drafted in collaboration with major health systems, professional associations and behavioral-health providers. Hughes noted the bill references Title 45 of the Code of Federal Regulations and SDCL provisions to keep the state standard aligned with federal privacy rules.

The bill preserves existing exceptions for services where minors may consent without parental notification — for example, treatment for certain sexually transmitted diseases, substance-abuse programs and psychotherapy notes — and does not change situations where parental rights have been terminated or where a court orders limited access. Hughes described the provision as a stakeholder-driven compromise intended to protect parent-child relationships while ensuring clinicians can provide confidential adolescent care where federal and state law allow.

On final passage the clerk reported ayes 63, nays 4, excused 1; the bill was declared passed.

Votes at a glance: HB 10-61A — passed, ayes 63, nays 4, excused 1.

Floor debate included questions about HIPAA interaction, divorced parents’ access and whether the bill might impede minors in abusive situations; the sponsor said the bill preserves federal exceptions and existing protections.

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