S.D. Admin. R. 20:43:11:04

Current through Register Vol. 51, page 57, November 12, 2024

Section 20:43:11:04 - Medical record - Furnishing and transfer

The following applies to medical records subject to this chapter:

(1) Upon receiving of a written request pursuant to SDCL 36-2-16.2, the dentist or dental entity responsible for the medical records shall furnish copies of the medical records within ten business days, which shall be legible and include copies of radiographs that are of diagnostic quality;

(2) When closing a dental practice, a dentist or dental entity responsible for the medical records shall not transfer the medical records until the dentist or dental entity has attempted to provide notice of the pending transfer to patients that received treatment from the dentist or dental entity within the five years preceding the date of the notice, by sending such notice electronically or by mail to the patient's last known address. The notice shall include that, at the written request of the patient or an authorized representative, the medical records or copies will be sent to another provider of the patient's choice or provided to the patient. The notice shall also disclose whether any charges will be billed to the patient for supplying the patient or the provider chosen by the patient with the originals or copies of the patient's medical records; and

(3) When medical records are transferred to a dentist or dental entity as part of a sale of a dental practice, the dentist or dental entity receiving the medical records is responsible for maintaining the patient records as outlined in § 20:43:11:03.

S.D. Admin. R. 20:43:11:04

50 SDR 125, effective 5/8/2024

General Authority: SDCL 36-6A-14(20).

Law Implemented: SDCL 36-6A-1(6), 36-6A-14(1), 36-2-16.2.