Section 19-13-8 - (Rule 503(c)) Persons entitled to claim patient's privilege.
19-13-8. (Rule 503(c)) Persons entitled to claim patient's privilege. The privilege described by § 19-13-7 may be claimed by the patient, his guardian or conservator, or the personal representative of a deceased patient. The person who was the physician or psychotherapist at the time of the communication is presumed to have authority to claim the privilege but only on behalf of the patient.
Source: CCivP 1877, § 499, subdiv 3; CL 1887, § 5313, subdiv 3; RCCivP 1903, § 538, subdiv 3; RC 1919, § 2730 (3); Supreme Court Rule 497, 1939; SDC 1939 & Supp 1960, §§ 36.0101 (3), 36.0102; SDCL, §§ 19-2-3, 19-2-7; SL 1974, ch 160; SL 1976, ch 235, § 47; SDCL Supp, § 19-2-3.1; Supreme Court Rule 78-2, Rule 503 (c).