Section 19-13-6 - (Rule 503(a)) Physician-patient privilege--Definition of terms.
19-13-6. (Rule 503(a)) Physician-patient privilege--Definition of terms. As used in §§ 19-13-6 to 19-13-11, inclusive:
(1) A "patient" is a person who consults or is examined or interviewed by a physician or psychotherapist;
(2) A "physician" is a person authorized in any state or nation to engage in the diagnosis or treatment of any human ill, or reasonably believed by the patient so to be;
(3) A "psychotherapist" is:
(a) A person authorized to practice medicine in any state or nation, or reasonably believed by the patient so to be, while engaged in the diagnosis or treatment of a mental or emotional condition, including alcohol or drug addiction; or
(b) A person licensed or certified as a psychologist under the laws of any state or nation, while similarly engaged;
(4) A communication is "confidential" if not intended to be disclosed to third persons, except persons present to further the interest of patient in the consultation, examination, or interview, persons reasonably necessary for the transmission of the communication, or persons who are participating in the diagnosis and treatment under the direction of the physician or psychotherapist, including members of the patient's family.
Source: CCivP 1877, § 499, subdiv 3; CL 1887, § 5313, subdiv 3; RCCivP 1903, § 538, subdiv 3; RC 1919, § 2730 (3); SDC 1939 & Supp 1960, § 36.0101 (3); SDCL, § 19-2-3; SL 1974, ch 160; SL 1976, ch 235, § 47; SDCL Supp, § 19-2-3.1; Supreme Court Rule 78-2, Rule 503 (a).