Waiver of physician-patient privilege by petition for reinstatement of disabled attorney--Disclosure of names by petitioner.

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16-19-96. Waiver of physician-patient privilege by petition for reinstatement of attorney--Disclosure of names by petitioner.

The filing of a petition for reinstatement to active status by an attorney transferred to medical inactive status because of a medical condition that adversely affected the attorney's competency to practice law shall be deemed to constitute a waiver of any doctor-patient privilege with respect to any treatment the attorney received that is relevant to that medical condition during the period of medical inactive status. The attorney shall be required to disclose the name of every psychiatrist, psychologist, physician, and hospital or other institution by whom or in which the attorney had been examined or treated for the medical condition since the attorney's transfer to medical inactive status and the attorney shall furnish to the Supreme Court written consent to each to divulge such information and records as requested by court-appointed medical experts.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, §6 (f); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (f); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.


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