State medical records law
South Dakota medical records laws
How do I get my medical records in South Dakota, and what can a provider charge?
South Dakota law (SDCL § 36-2-16.2) requires providers to give copies on written request but sets no deadline, so HIPAA applies: 30 days, with one 30-day extension if you are told in writing. SDCL § 36-2-16.4 caps paper copies at $10 for the first 10 pages plus $0.33 per additional page and electronic copies at $0.25 per page, plus postage and tax; an $18 search fee (§ 36-2-16.5) applies only to third-party/designee requests and certification is up to $10 (§ 36-2-16.6). HIPAA's reasonable, cost-based limit also applies to patients' own requests, so the lower amount governs.
- Response deadline
- 30 days (HIPAA)
- Copy fees
- $0.33/page
- Retention — hospitals and licensed health care facilities
- At least 10 years from the actual date of the visit; for minors, until the age of majority plus two years, and never less than 10 years
How South Dakota differs from federal HIPAA
- Sets specific dollar caps on copy fees ($10 first 10 pages + $0.33/page paper; $0.25/page electronic) instead of only HIPAA's cost-based standard.
- Bans fees for patient-portal access.
- No faster deadline than HIPAA's 30 days.
- Guarantees parent/guardian access to a minor's records and portal, with exceptions for care the minor consented to alone.
How long a provider has to respond
South Dakota law (SDCL § 36-2-16.2) requires providers to give copies on written request but sets no deadline, so HIPAA applies: 30 days, with one 30-day extension if you are told in writing.(SDCL §§ 36-2-16.1 to 36-2-16.8 (SL 2023 ch 134; § 36-2-16 repealed), 45 CFR 164.524)
Under 45 CFR § 164.524, a provider may take one 30-day extension only if it tells you in writing, within the first 30 days, why and when you will get the records.
What a provider can charge
SDCL § 36-2-16.4 caps paper copies at $10 for the first 10 pages plus $0.33 per additional page and electronic copies at $0.25 per page, plus postage and tax; an $18 search fee (§ 36-2-16.5) applies only to third-party/designee requests and certification is up to $10 (§ 36-2-16.6). HIPAA's reasonable, cost-based limit also applies to patients' own requests, so the lower amount governs.(SDCL §§ 36-2-16.1 to 36-2-16.8 (SL 2023 ch 134; § 36-2-16 repealed), SDCL § 36-2-16.4, 45 CFR 164.524)
- Paper copies
- Paper: up to $10 for the first 10 pages, then $0.33 per page; electronic: up to $0.25 per page
- maximum charge covering the first 10 paper pages
- Up to $10.00
- Electronic copies
- Up to $0.25 per page; imaging on CD/DVD/portable media up to $15; printed imaging up to $10. Patient-portal access must be free.
- When copies are free
- No fee may be charged to access records through a patient portal (SDCL § 36-2-16.3).
A provider cannot refuse to give you your records because you owe money for treatment. Compare every state on the medical records fees by state page.
How long records must be kept
- Hospitals and licensed health care facilities: At least 10 years from the actual date of the visit; for minors, until the age of majority plus two years, and never less than 10 years(ARSD 44:75:09:06)
Minors and sensitive records
- Minors: SDCL § 36-2-16.8 (added 2025) gives a parent or guardian access to a minor's medical records and patient portal, except for care the minor could lawfully consent to alone. Hospitals keep minors' records until the age of majority plus two years (at least 10 years).(SDCL §§ 36-2-16.1 to 36-2-16.8 (SL 2023 ch 134; § 36-2-16 repealed), ARSD 44:75:09:06)
- mental health: Mental health service records are confidential (SDCL § 27A-12-26), and the person has a right to access them on request, with limited exceptions (§ 27A-12-26.1). Under HIPAA, psychotherapy notes are excluded from the right of access.(SDCL §§ 27A-12-26, 27A-12-26.1, 45 CFR 164.524)
- hiv: SDCL § 34-22-12.1 keeps communicable-disease (including HIV) reports filed with the Department of Health confidential; it governs state disease reports, not a patient's own copy of their chart.(SDCL § 34-22-12.1)
If a provider doesn't comply
South Dakota Board of Medical and Osteopathic Examiners
physicians and other Board licensees · (605) 367-7781
South Dakota Department of Health, Office of Licensure & Certification
hospitals and other licensed health facilities
HIPAA violations by any covered entity, within 180 days
How to request your records in South Dakota
- Ask the provider's medical records (health information) department for its request form, or write your own request with your name, date of birth, dates of care, the records you want, and the format (paper or electronic).
- Keep a copy and note the date — the 30 days (HIPAA) clock runs from when the provider receives it.
- If the deadline passes or the bill exceeds the rules above, use the complaint routes on this page.
Templates and step-by-step help are on the records-access hub. Find a South Dakota hospital's records office, or browse hospitals in South Dakota.
Common questions about South Dakota medical records
How long does a provider in South Dakota have to give me my records?
South Dakota law requires providers to provide copies on written request but sets no deadline, so the HIPAA rule applies: 30 days, with one 30-day extension if the provider notifies you in writing.(SDCL §§ 36-2-16.1 to 36-2-16.8 (SL 2023 ch 134; § 36-2-16 repealed), 45 CFR 164.524)
How much can I be charged for copies of my medical records in South Dakota?
Paper copies are capped at $10 for the first 10 pages and $0.33 per page after that; electronic copies at $0.25 per page, plus postage and tax. Imaging is capped at $10 printed or $15 on a disc or drive. Accessing records through a patient portal must be free.(SDCL §§ 36-2-16.1 to 36-2-16.8 (SL 2023 ch 134; § 36-2-16 repealed), SDCL § 36-2-16.4)
Is there a search fee for my records?
South Dakota allows a search fee of up to $18 only when records are sent to a designee or third party. HIPAA does not allow search or retrieval fees for your own access request.(SDCL §§ 36-2-16.1 to 36-2-16.8 (SL 2023 ch 134; § 36-2-16 repealed), 45 CFR 164.524)
Can a provider refuse to give me my records because I owe money?
Under HIPAA, a provider may not deny you access to your records because of an unpaid bill for health care services. No South Dakota statute addresses this separately.(HHS HIPAA FAQ 2065)
How long do South Dakota hospitals keep medical records?
Licensed facilities must keep records at least 10 years from the visit date; for minors, until the age of majority plus two years, and at least 10 years. No statewide rule was found for physician offices.(ARSD 44:75:09:06)
Where can I complain if I can't get my records in South Dakota?
Complaints about physicians go to the South Dakota Board of Medical and Osteopathic Examiners (605-367-7781); complaints about hospitals and facilities go to the Department of Health's Office of Licensure & Certification; HIPAA complaints go to HHS OCR within 180 days.(SD Board of Medical and Osteopathic Examiners, SD Department of Health — Health Facility Complaints)
Sources
Checked against official sources on November 3, 2026.
- SDCL §§ 36-2-16.1 to 36-2-16.8 (SL 2023 ch 134; § 36-2-16 repealed) — Medical records — definitions, provision on request, portal fees, parental access
- SDCL § 36-2-16.4 — Medical record — copy fees — other costs
- SDCL § 34-12-15 — Hospital records; copies to patients at actual reproduction expense
- ARSD 44:75:09:06 — Retention of medical records (licensed health care facilities) (official text via a public mirror)
- SDCL §§ 27A-12-26, 27A-12-26.1 — Mental health records — confidentiality and patient access
- SDCL § 34-22-12.1 — Confidentiality of communicable disease reports
- SD Board of Medical and Osteopathic Examiners — Board home page (complaints)
- SD Department of Health — Health Facility Complaints — Office of Licensure & Certification complaints
- 45 CFR 164.524 — HIPAA right of access
- HHS HIPAA FAQ 2065 — Provider may not deny access for unpaid bills