South Dakota Codified Laws 62-4-45. Information about injury to be made available–Penalty for withholding information
All medical practitioners or surgeons attending injured employees shall comply with the rules promulgated pursuant to chapter 1-26 by the Department of Labor and Regulation and shall make the reports as may be required by it. All medical and hospital information relevant to the particular injury shall, upon demand, be made available to the employer, employee, insurer and the Department of Labor and Regulation. Medical practitioners, surgeons, or hospitals may charge a reasonable fee for the reproduction of the medical and hospital information. No relevant information developed in connection with treatment or examination for which compensation is sought may be considered a privileged communication for purposes of a workers’ compensation claim. If a medical practitioner or surgeon willfully fails to make any report required of the practitioner or surgeon under this section, the Department of Labor and Regulation may order the forfeiture of the practitioner’s or surgeon’s right to all or part of payment due for services rendered in connection with the particular case.
Terms Used In South Dakota Codified Laws 62-4-45
- employer: includes the state and any municipal corporation within the state or any political subdivision of this state, and any individual, firm, association, limited liability company, or corporation, or the receiver or trustee of the same, or the legal representative of a deceased employer, using the service of another for pay. See South Dakota Codified Laws 62-1-2
Source: SL 1990, ch 416, § 5; SL 1993, ch 375, § 43; SL 1995, ch 296, § 10; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.