Report required of suspected auditory or visual impairment in child--Duplicate
reports not required.
Any licensed physician, audiologist, or other certified person who shall have
cause to suspect severe auditory impairment in any child, or any licensed optometrist or physician,
including ophthalmologists, who shall have cause to suspect severe visual impairment in any child,
shall be required to provide the name and address of any such child to the State Department of
Health and the parents of the child on forms to be provided by the department; however, if any
licensed physician, including ophthalmologists, audiologist, optometrist, or other certified person
shall have cause to believe that any child has already been reported to the department, an additional
report need not be made.
Reports of fetal alcohol syndrome.
The Department of Health shall provide for the
collection and processing of mandatory reports of identifiable and suspected cases of fetal alcohol
syndrome from all physicians, hospitals, and institutions. To implement this section, the department
may adopt rules, pursuant to chapter 1-26, specifying the definitions, methods by which reports shall
be made, and the content and timeliness of such reports.
Source: SL 2001, ch 185, § 1.
34-24-28 Confidentiality of reports.
Confidentiality of reports.
Any report required to be submitted pursuant to § 34-24-27 is strictly confidential. The reports may not be released, shared with any agency or institution, or
made public, upon subpoena, search warrant, discovery proceedings or otherwise and are not
admissible as evidence in any action of any kind in a court or before any tribunal, board, agency or
person. However, release of medical or epidemiological information may be authorized by the
Department of Health under any of the following circumstances:
For statistical purposes in such a manner that no person can be identified;
With the written consent of the person identified in the information released;
To the extent necessary to enforce the provisions of §§ 34-24-28 to 34-24-31, inclusive,
and rules promulgated thereunder concerning the prevention and treatment of fetal alcohol
To the extent necessary to protect the health or life of a named person.
SL 2001, ch 185, § 2.
34-24-29 Disclosure of confidential reports as misdemeanor.
Disclosure of confidential reports as misdemeanor.
Except as provided in § 34-24-28, any person responsible for recording, reporting, or maintaining medical reports required to be
submitted pursuant to § 34-24-27, who knowingly or intentionally discloses or fails to protect
medical reports declared to be confidential under § 34-24-28, or who compels another person to
disclose such medical reports, is guilty of a Class 1 misdemeanor.
Source: SL 2001, ch 185, § 3.
34-24-30 Good faith reporting not a libel or slander.
Good faith reporting not a libel or slander.
Good faith reporting or disclosure
pursuant to § 34-24-27 does not constitute a libel or slander or a violation of the right to privacy of
Source: SL 2001, ch 185, § 4.
34-24-31 Civil and criminal immunity.
Civil and criminal immunity.
Any person who in good faith complies with the
reporting requirements of § 34-24-27 is immune from civil and criminal liability for such action
taken in compliance with the provisions of § 34-24-27. Compliance by a person or facility with the
reporting requirements of § 34-24-27 fulfills any duty of the person or facility to protect the public
Source: SL 2001, ch 185, § 5.
34-24-32 Pulse oximetry test required for newborns.
Pulse oximetry test required for newborns.
All hospitals which routinely provide
obstetrical services and birth centers shall provide screening of newborns for congenital heart defects
through the use of a pulse oximetry test.
Source: SL 2013, ch 158, § 1.
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