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Bill

HB 1061

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.

2025 Regular Session Introduced by Julie Auch and 25 co-sponsors

South Dakota law now requires healthcare providers to give parents full access to minors' medical records, removing provider discretion to restrict parental access to sensitive health information.

Signed by the Governor on 2025-03-31 H.J. 554
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Bill Summary · HB 1061

Legislative bill overview

HB 1061 requires healthcare providers in South Dakota to grant parents or guardians access to their minor child's medical records and health information, prohibiting providers from restricting or denying such access. The bill became law on March 31, 2025, after passing both chambers unanimously and receiving gubernatorial signature.

Why is this important

This legislation directly affects parental rights and medical privacy by establishing a legal mandate that healthcare providers cannot withhold a minor's medical information from parents or guardians. The real-world impact determines whether parents can access records related to mental health treatment, reproductive health, substance abuse treatment, and other sensitive medical matters—areas where providers may currently have discretion to limit parental access.

Potential points of contention

  • Minor privacy and confidentiality concerns: Healthcare providers often restrict parental access to protect minors' privacy in sensitive areas (mental health, sexual health, substance abuse), arguing that unrestricted access may discourage minors from seeking care; this law removes those protections
  • Conflict with existing federal/state confidentiality laws: Some medical services (certain reproductive health, mental health treatment, substance abuse services) may have existing legal protections limiting parental access; unclear how this bill reconciles those conflicts
  • Exceptions and implementation details: The bill's actual language regarding exceptions (if any) and enforcement mechanisms are not detailed in the summary, making it unclear whether healthcare providers have any legal recourse in situations where parental access poses safety risks

Compiled from official sources — confirm details with the bill’s official record.

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