{"data":{"id":"us-sd/sdcl-36-32-78","jurisdiction":"us-sd","citation":"SDCL § 36-32-78","heading":"Privileged information--Exceptions.","body":"No licensee or an employee of a licensee may disclose information that was acquired from any person consulting the licensee in a professional capacity that was necessary to render services in a professional capacity, except:\n(1)If mandated by state law or authorized under the Health Insurance Portability and Accountability Act of 1996, as amended to January 1, 2020;\n(2)With the written consent of the person or, in the case of the person's death or disability, with the written consent of a personal representative, a person authorized to sue on the person's behalf, or the beneficiary of an insurance policy related to the person's life, health, or physical condition;\n(3)If the information is necessary to prevent or mitigate a serious and imminent threat to the health or safety of a person or to the public and the disclosure is made to a person reasonably able to prevent or mitigate the threat, including the target of the threat;\n(4)If the licensed professional counselor or professional counselor--mental health is a party defendant to a civil, criminal, or disciplinary action arising from the counselor's professional capacity, in which case any waiver of the privilege accorded by this section is limited to that action;\n(5)If the client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or right to present testimony and evidence; or\n(6)If the person waives the privilege by bringing charges against the licensee.","path":["TITLE 36. PROFESSIONS AND OCCUPATIONS","CHAPTER 36-32. PROFESSIONAL COUNSELORS"],"source_url":"https://sdlegislature.gov/Statutes/36-32-78","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"c80f5607577102f5337c313594350f44a243216364e2dc2db361bafefd5652b8","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-36-32-77","next":"us-sd/sdcl-36-32-79"},"notice":"GroundRules: Original legal text. Not legal advice."}