Irrespective of whether a licensee is subject to the federal Health Insurance Portability and Accountability Act privacy rule as promulgated by the U.S. Department of Health and Human Services, if a licensee complies with all requirements of the federal rule except for its effective date provision, the licensee is not subject to the provisions of this chapter.

Source: 31 SDR 67, effective November 14, 2004.

General Authority: SDCL 58-2-40.

Law Implemented: SDCL 58-2-40.