State-specific breach notification rules, medical records retention periods, PDMP requirements, and mandatory reporting obligations for medical practices operating in South Dakota.
Notification deadline
60 calendar days
Notification must be made within 60 days of discovery. AG must be notified if 250+ South Dakota residents affected.
AG notification threshold
250+ affected individuals
Notify: AG
Harm analysis required
Penalty range
Up to $10,000 per day of violation under Deceptive Trade Practices Act
| Record type | Retention period | Measured from |
|---|---|---|
| General medical | 10 years | Discharge |
Check required
All controlled substances
Check frequency
Every prescription
Delegation allowed
Penalty range
Licensing board discipline; civil penalties up to $1,000 per violation
Exemptions
Hospice patients, cancer treatment, ≤3 day supply in ER, inpatient hospital administration
Mandated reporters
Physicians, dentists, nurses, psychologists, social workers, and all healthcare professionals
Report to
Department of Social Services, Child Protective Services, or State's Attorney
Timeline
Immediately / as soon as possible
Penalty for failure
Class 1 misdemeanor, up to 1 year jail and/or $2,000 fine
Immunity provision
Good faith reporters immune from civil and criminal liability under SDCL 26-8A-14
Mandated reporters
Physicians, nurses, and all healthcare professionals
Report to
Adult Protective Services, Department of Human Services
Timeline
Immediately / as soon as possible
Penalty for failure
Class 1 misdemeanor
Immunity provision
Good faith reporters immune from civil and criminal liability
Mandated reporters
Healthcare providers treating injuries from suspected criminal violence
Report to
Local law enforcement
Timeline
Immediately / as soon as possible
Immunity provision
Good faith reporters immune from civil liability
Mandated reporters
Physicians, laboratories, and healthcare facility administrators
Report to
South Dakota Department of Health
Timeline
Within 24 hours
Penalty for failure
Class 2 misdemeanor
Immunity provision
Good faith reporters immune from civil liability
Mandated reporters
All healthcare providers treating gunshot wounds or stab wounds
Report to
Local law enforcement
Timeline
Immediately / as soon as possible
Penalty for failure
Class 2 misdemeanor
Immunity provision
Good faith reporters immune from civil and criminal liability
GuardWell tracks South Dakota-specific breach deadlines, PDMP requirements, retention periods, and mandatory reporting obligations automatically.
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