S.D. Admin. R. 20:06:45:28

Current through Register Vol. 50, page 159, June 17, 2024

Section 20:06:45:28 - Authorization to disclose nonpublic personal health information

An authorization to disclose nonpublic personal health information pursuant to § 20:06:45:27 shall be in written or electronic form and contain all of the following:

(1) The identity of the consumer or customer who is the subject of the nonpublic personal health information;

(2) A general description of the types of nonpublic personal health information to be disclosed;

(3) General descriptions of the parties to whom the licensee discloses nonpublic personal health information, the purpose of the disclosure, and how the information will be used;

(4) The signature of the consumer or customer who is the subject of the nonpublic personal health information or the individual who is legally empowered to grant authority and the date signed; and

(5) Notice of the length of time for which the authorization is valid and that the consumer or customer may revoke the authorization at any time and the procedure for making a revocation.

The authorization shall specify a length of time for which the authorization shall remain valid, which in no event may be for more than 24 months.

A consumer or customer who is the subject of nonpublic personal health information may revoke an authorization provided pursuant to § 20:06:45:27 at any time, subject to the rights of an individual who acted in reliance on the authorization prior to notice of the revocation.

A licensee shall retain the authorization or a copy thereof in the record of the individual who is the subject of nonpublic personal health information.

S.D. Admin. R. 20:06:45:28

31 SDR 67, effective 11/14/2004.

General Authority: SDCL 58-2-40.

Law Implemented: SDCL 58-2-40.