S.D. Admin. R. 20:75:05:09

Current through Register Vol. 51, page 67, December 16, 2024

Section 20:75:05:09 - Confidential client information

A licensee may not without the consent of the client disclose any confidential information pertaining to the client obtained in the course of performing professional services. This rule does not do any of the following:

(1) Relieve a licensee of any obligations under §§ 20:75:05:07 and 20:75:05:08;

(2) Affect in any way a licensee's obligation to comply with a validly issued subpoena or summons enforceable by order of a court;

(3) Prohibit disclosures in the course of a peer review of a licensee's professional services; or

(4) Preclude a licensee from responding to an inquiry made by the board or an investigative or disciplinary body established by law or formally recognized by the board.

An individual who conducts a peer review and the individual's firm may not disclose any confidential client information which comes to their attention from a licensee but they may furnish such information to an investigative or disciplinary body as described in subdivision (4) of this section.

A board member, a member of a recognized investigative or disciplinary body, and a practice reviewer may not use to their own advantage or disclose any confidential client information that comes to their attention in carrying out their official responsibilities. This prohibition does not restrict the exchange of information with recognized investigative or disciplinary bodies or affect in any way compliance with a validly issued and enforceable subpoena or summons.

A licensee reviewing a practice in connection with a prospective purchase or merger may not use to the licensee's advantage or disclose any confidential client information that comes to the licensee's attention.

S.D. Admin. R. 20:75:05:09

29 SDR 16, effective 8/14/2002.

General Authority: SDCL 36-20B-12(4).

Law Implemented: SDCL 36-20B-40, 36-20B-41.

Confidentiality of reports, § 20:75:07:16.