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South Dakota and Texas: health record laws compared
South Dakota and Texas, side by side on the seven questions, with the laws read October 3, 2026. They give different answers on getting a copy, health information exchange, right to sue and AI in care, and the same answer on everything else.
The seven questions, side by side
"Differs" marks a question where the answers are not the same; "same" marks one where they are. "Can't compare" means at least one answer was not checked; a not-checked answer is not a no. Where a question has a map, the small square shows the color each column has on it. Each citation opens that state's page, with the law quoted, dated and linked. There is no total and no rank: the questions are on different scales, and some have no best answer.
| Question | South Dakota | Texas |
|---|---|---|
| Health data outside HIPAADo apps and wearables need your OK before sharing health data?same | Opt-in, for some businessesYes, at least for some businesses. A law in force requires your OK before they use or share your health data (opt-in).SDCL 37-24-60 (SL 2026, ch 164, § 2); SDCL 37-24-64 (SL 2026, ch 164, § 6) | Opt-in, for some businessesYes, at least for some businesses. A law in force requires your OK before they use or share your health data (opt-in).Tex. Bus. & Com. Code § 541.101(b)(4); Tex. Bus. & Com. Code § 541.001(29) |
| Getting a copyDo you get a copy faster or free in some cases?differs | NeitherNo. A law is in force, but it adds nothing to HIPAA's terms.SDCL 36-2-16.2 (SL 2023, ch 134, § 2); SDCL 36-2-16.4 (SL 2023, ch 134, § 4) | Faster, and free in some casesYes, both. A deadline shorter than 30 days, and a free copy in at least one case.Tex. Health & Safety Code § 161.202(a); Tex. Health & Safety Code § 181.102(a) |
| Health information exchangeCan you say no to sharing through a health information exchange (a network that passes records between doctors)?differs | Opt-outOpt-out. Your records go through the exchange unless you say no, and there is a published way to say no.South Dakota Health Link patient FAQ (HIE policy) | No general choiceNo general choice. Sharing through the exchange follows HIPAA's rules, and no state rule or exchange policy offers a general choice.Tex. Health & Safety Code § 181.154(c); Tex. Health & Safety Code § 182.103(b) |
| Are some sensitive records, like mental health or HIV, given extra rules? These answers record whether a rule exists and what it says. They say nothing about whether any care is legal or available. | ||
| Reproductive health recordssame | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.SDCL 34-23A-44 (SL 1998, ch 209, § 11; SL 2004, ch 234, § 5); SDCL 34-23A-59.2 (SL 2012, ch 186, § 9) | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.Tex. Health & Safety Code § 245.011(d) |
| Mental health recordssame | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.SDCL 27A-12-26; SDCL 27A-12-25 | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.Tex. Health & Safety Code § 611.002(a)-(b) |
| HIV recordssame | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.SDCL 34-22-12.1 (SL 1989, ch 296, § 1; SL 2003, ch 184, § 1); SDCL 23A-35B-11 (SL 2012, ch 134, § 4) | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.Tex. Health & Safety Code § 81.103(a) |
| Genetic recordssame | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.SDCL 37-24-60 (SL 2026, ch 164, § 2); SDCL 34-14-22 (SL 2001, ch 184, § 2) | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.Tex. Occ. Code § 58.102 |
| Right to sueCan you sue if your records are misused?differs | No law foundWe searched the official code and found none.How we searched | Yes, in generalYes. You can sue over unlawful collection, use or sharing of medical records or health data in general.Tex. Health & Safety Code § 241.156(a); Tex. Occ. Code § 159.009 |
| Breach noticeMust you be told if health data leaks in a breach?same | Medical and insurance dataYes. The breach notice law covers both medical information and health insurance information.SDCL 22-40-19(4)(d) (SL 2018, ch 135, § 1); SDCL 22-40-20 (SL 2018, ch 135, § 2) | Medical and insurance dataYes. The breach notice law covers both medical information and health insurance information.Tex. Bus. & Com. Code § 521.002(a)(2)(B); Tex. Bus. & Com. Code § 521.053(b) |
| AI in careAre there rules for AI used in your care?differs | No law foundWe searched the official code and found none.How we searched | 2 of 3 rulesTwo of the three rules are in force. You must be told when AI is used in your care. A licensed clinician decides, not AI alone.Tex. Health & Safety Code § 183.005(b); Tex. Health & Safety Code § 183.005(a)(3) |
Not legal advice. This records what each law said on the date we read it. Laws and court orders change. State laws add to the federal floor. The United States score in the world index rates only federal law and national systems, so these state profiles do not change it.
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Health Record Rights Index by SuperTruth. Research tool, not legal advice. Our own words are CC BY 4.0; quoted law and source titles stay with their owners.