HealthCare Law Guide

SOUTH DAKOTA

Contributing Editor:

Heather Springer, Esq.
Boyce, Greenfield, Pashby & Welk 
101 North Phillips Avenue 
Suite 600 P. O. Box 5015  
Sioux Falls, South Dakota 57117-5015

I. Regulation of Practice of Medicine

Licensure, Board of Medical Examiners, Complaint procedure, Required reports (MPA and Federal Law) , Disciplinary Actions and Procedures, Regulation of Advertising, Impaired Professionals

II. Credentialing and Peer Review

III. Confidentiality and Disclosure:

Hospital healthcare information, mental health records, substance abuse rights and treatment records, bloodbank records, libility for disclosure of confidential info; HIPAA Privacy Regulations for electronic health information

IV. Emergency Services and Hospital Patient Transfers

EM Treatment and Active Labor Act, state law prohibiting denial of emergency services; patient transfers

V. Mental Health and Chemical Dependency

State Health Code; voluntary inpatient mental health services; emergency detention and admission; court ordered mental health services and procedures; protective custody order; furlough/discharge of patient; medication administrations; rights of patients; licensing requirements for private facilities; liability of psychotherapists, physicians institutions; treatment of chemical dependent persons in state treatment facilities; marketing practices act.

VI. Civil Liability

Overview of medical malpractice; damages; defenses available to providers; causes of action other than medical negligence; vicarious liability ; hospital liability; discovery in litigation; professional liability insurance; reporting requirements.

VII. Tables and Forms

Reporting requirements as mandated by (state) Acts; Principal summary of Abuse and Neglect reporting requirements; selected Abuse and Neglect Reporting Requirements.