South Dakota Administrative Code

67:62:07:02. Guaranteed rights. A client has rights guaranteed under the constitution and laws of the United States and this state, including: (1) The right to refuse prohibited treatment, as provided in SDCL 27A-12-3.22; (2) The right to be free of any exploitation or abuse; (3)…

67:62:07:03. Policy on abuse, neglect, and exploitation. Each center shall establish a policy to prohibit abuse, neglect, and exploitation of a client. The policy must contain: (1) Definitions of abuse, neglect, and exploitation, pursuant to SDCL 22-46-1; (2) A requirement to rep…

67:62:07:04. Grievance procedures. Each center shall establish a policy and procedures for receiving, considering, and responding to client grievances. The center shall provide, to the client and the client's parent or guardian if the client is under the age of eighteen, a copy o…

67:62:07:05. Appeal of ineligibility or termination of services. A client, a client's parent in the case of a client under the age of eighteen, or a client's guardian, may appeal to the department the center's decision regarding the ineligibility or termination of services. An ap…

67:62:07:06. Time and place of hearing. A fair hearing, by an impartial hearing officer, must be held within ninety days after receiving a request by the client, the client's parent in the case of a client under the age of eighteen, or the client's guardian, if applicable. The im…

67:62:08:01. Client identification data. Each center shall establish a policy and procedures to collect and record client identification data, at the time of admission or as soon after admission as possible, and on an annual basis thereafter. Client identification data must be ke…

67:62:08:02. Client review of case records. Each center shall establish a written policy and procedures to govern a client's access to the client's case records. The policy and procedures must specify any conditions or restrictions on client access and must be available to the cl…

67:62:08:03. Closure and storage of case records. The center shall establish a policy and procedures to ensure the closure and storage of case records upon the completion or termination of a treatment program. The policy and procedures must: (1) Identify, by position or title, th…

67:62:08:04. Admission of returning clients. The center shall establish a policy and procedures to promote the continuity of care for a client who is readmitted. The procedures must show staff how to complete a new agency case record and new admission record in the management inf…

67:62:08:05. Integrated assessment. A mental health staff member shall meet with the client and, if appropriate, the client's family if appropriate, to complete an integrated assessment, within thirty days of the first day the intake process begins. The integrated assessment must…

67:62:08:06. On-going assessment. The center shall maintain and document an on-going assessment and identify any changes in the client's needs and strengths throughout treatment. The on-going assessment must be documented in the client's progress notes or case record. Source: 43 …

67:62:08:07. Treatment plan. The initial treatment plan must be completed within thirty days of the first day the intake process begins and must include the mental health staff's signature and credentials, the date of the signature, and the clinical supervisor's signature and cre…

67:62:08:08. Treatment plan review -- Six month review. A mental health staff member shall review the treatment plan at least once every six months and update, if needed. The treatment plan review must include documentation of any progress made toward treatment goals or objective…

67:62:08:09. Supervisory reviews. Staff meeting clinical supervisory criteria as defined in § 67:62:01:01, shall annually conduct at least one of the client's treatment plan reviews. This review must include documentation of: (1) Progress made toward treatment goals or objectives…

67:62:08:10. Crisis intervention plans. Crisis intervention planning must be provided to any client who has safety issues or risks, or has frequent crisis situations or recurrent hospitalizations. Crisis intervention planning must be offered to any client who may need assistance …

67:62:08:11. Transition planning. Transition planning must be provided to clients moving to a different service, leaving services, or for youth nearing adulthood. Goals related to transition planning must be included in the clinical documentation, either as part of the treatment …

67:62:08:12. Progress notes. A mental health staff member must record progress notes in the client's case record that substantiate all services provided. A mental health staff member must document the counseling sessions with the client, summarize significant events occurring, an…

67:62:08:13. Group therapy progress notes. One progress note may be recorded for each group therapy session, if the note includes specific information for each client participating in the group. Group progress notes must contain: (1) Information identifying each client receiving …

67:62:08:14. Transfer or discharge summary. A transfer or discharge summary must be completed within five working days after termination or discontinuation of services. A transfer or discharge summary of the client's problems, course of treatment, and progress toward planned goal…

67:62:09:01. Safety and sanitation plan. For each setting in which the center provides services, there must be a health, safety, sanitation, and disaster plan that ensures the health and safety of the individuals served. The plan must provide procedures for: (1) Responding to a m…

67:62:09:02. Life safety codes. Each building the center owns, rents, or leases must comply with applicable fire safety standards, as set forth in the 2012 edition of the NFPA 101 Life Safety Code. An automatic sprinkler system is not required in an existing facility, unless sign…

67:62:10:01. Eligibility criteria. Individuals are eligible for outpatient clinic services if they have a mental disorder, with the exception of: (1) Substance-related and addictive disorders; and (2) Developmental disabilities unless they co-occur with another diagnosable mental…

67:62:10:02. Services provided. Each center shall make the following outpatient services available to clients: (1) Integrated assessment, evaluation, and screening; (2) Individual therapy; (3) Group therapy; (4) Family therapy; (5) Psychiatric services, with the primary purpose o…

67:62:10:03. Reimbursable services. Reimbursable services are limited to face-to-face and telehealth contacts for the purpose of providing comprehensive mental health treatment pursuant to § 67:62:10:02. Source: 43 SDR 80, effective December 5, 2016; 48 SDR 14, effective August 2…

67:62:10:04. Nonreimbursable services. The following are nonreimbursable under this chapter: (1) Vocational counseling and vocational training in a classroom or at a job site; (2) Academic educational services; (3) Services that are solely recreational in nature; (4) Services pro…

67:62:11:01. Eligibility criteria. To be eligible for services under § 67:62:11:02, the clinical record must contain documentation that indicates: (1) At least one child in the family under the age of eighteen meets the criteria of serious emotional disturbance, as provided in SD…

67:62:11:02. Services provided. Services may be provided in a location preferred by the child or youth and the child or youth's parent or guardian, including settings outside of the center. Services may be provided within an integrated system of care. The parents or guardian and …

67:62:11:03. Reimbursable services. Reimbursable services are limited to face-to-face and telehealth contacts for the purpose of providing comprehensive mental health treatment pursuant to the services listed in subdivisions 67:62:11:02 (1) through (10). Source: 43 SDR 80, effect…

67:62:11:04. Nonreimbursable services. The following are nonreimbursable under this chapter: (1) Vocational counseling and vocational training in a classroom or at a job site; (2) Academic educational services; (3) Services that are solely recreational in nature; (4) Services for…

67:62:12:01. Eligibility criteria. To be eligible for comprehensive assistance with recovery and empowerment services, a client must be at least eighteen years of age and: (1) The client must have one of the following: (a) Undergone psychiatric treatment more intensive than outpa…

67:62:12:02. Services provided. Services may be provided in a location preferred by the client, including settings outside of the center. Services may be provided within an integrated system of care. Services must be provided according to the individualized needs and strengths of…

67:62:12:03. Reimbursable services. Reimbursable services are limited to face-to-face and telehealth contacts for the purpose of providing comprehensive treatment, rehabilitation, and support services listed in subdivisions 67:62:12:02(1) through (11). With the exception of psych…

67:62:12:04. Nonreimbursable services. The following are nonreimbursable under this chapter: (1) Vocational counseling and vocational training in a classroom or at a job site; (2) Academic educational services; (3) Services that are solely recreational in nature; (4) Services for…

67:62:13:01. Eligibility criteria. To be eligible for individualized and mobile program of assertive community treatment (IMPACT) services, a client must be eighteen years of age or older, meet the serious mental illness criteria pursuant to § 67:62:12:01, and the following: (1) …

67:62:13:02. Services provided by a center. A center may provide services in a location preferred by a client, including settings outside the center. A center may provide services within an integrated system of care. A center must provide services according to the individualized …

67:62:13:03. Requirement for designation and duties of primary provider. A primary provider must be designated for each client in the individualized and mobile program of assertive community treatment (IMPACT) program. The designation must be made by the clinical supervisor, be i…

67:62:13:04. Individualized and mobile program of assertive community treatment team duties. The duties of the individualized and mobile program of assertive community treatment (IMPACT) team include: (1) Maintaining a therapeutic alliance with the client; (2) Referring and linki…

67:62:13:05. Individualized and mobile program of assertive community treatment team meetings. The individualized and mobile program of assertive community treatment team shall meet, at a minimum, two times per week, to review client contacts and client status, and to plan for re…

67:62:13:06. Monthly treatment planning and review meetings. An individualized and mobile program of assertive community treatment team shall meet monthly to conduct treatment planning and review meetings. The clinical supervisor, or other staff designated by the clinical supervi…

67:62:13:07. Reimbursable services. Reimbursable services are limited to face-to-face and telehealth contacts for the purpose of providing comprehensive treatment, rehabilitation, and support services listed in subdivisions 67:62:13:02(1) through (11). With the exception of psych…

67:62:13:08. Nonreimbursable services. The following are nonreimbursable under this chapter: (1) Vocational counseling and vocational training in a classroom or at a job site; (2) Academic educational services; (3) Services solely recreational in nature; (4) Services for individu…

67:62:14:01. Training required for commitment process. A qualified mental health professional, except a physician licensed pursuant to SDCL chapter 36-4, shall participate in training and pass an examination, in order to complete examinations that are part of the commitment proce…

67:62:14:02. Registration for training -- Fee. A qualified mental health professional (QMHP) shall register with the department for training, prior to performing the examination of a detained person, in accordance with SDCL 27A-10-6, and submit a fee to be determined by the depar…

Rule 67:62:14:03 Content of training exam. 67:62:14:03. Content of training exam. The training exam shall consist of questions regarding South Dakota mental health commitment procedures for both children and adults. The passing score is 75 percent. Source: 43 SDR 80, effective De…

Rule 67:62:14:04 Training requirements. 67:62:14:04. Training requirements. Refresher training shall be completed every four years. Source: 43 SDR 80, effective December 5, 2016. General Authority: SDCL 27A-1-9. Law Implemented: SDCL 27A-1-9.

67:62:14:05. Continued eligibility contingent upon qualified mental health professional status. An individual who has completed the required commitment process training must continue to meet the requirements of a qualified mental health professional, in accordance with SDCL 27A-1…

67:62:14:06. Renewal of eligibility -- Fee. A qualified mental health professional (QMHP) shall register with the department for renewal of eligibility. A QMHP may register for renewal anytime during the year before the QMHP's current eligibility ends. A renewal registration must…

67:62:14:07. Reinstatement of lapsed eligibility. A qualified mental health professional who fails to register for a renewal of eligibility before the end of the current eligibility period, may register for a reinstatement of eligibility by: (1) Submitting a copy of the individua…

67:62:14:08. Notice of department action. The department shall either approve or deny the registration for eligibility or the registration for renewal of eligibility. The department shall notify the qualified mental health professional applying for registration of the department'…

67:62:14:09. Appeal of department decision. A qualified mental health professional whose eligibility renewal is denied may request a fair hearing by notifying the department, by certified mail, within ten calendar days of receipt of the department's decision. The hearing must be …