Substituted informed consent by next of kin--Court hearing

27A-8-1 . Requirements for admission of voluntary patients. The facility director or administrator may receive as a voluntary patient any person eighteen years of age or older who understands the nature of voluntary inpatient treatment, is capable of giving informed consent, and voluntarily executes a written application for admission, if the following requirements are met: (1) If, after examination by a staff psychiatrist, the facility director or administrator determines that the applicant is clinically suitable for inpatient treatment. In the event of the unavailability of a staff psychiatrist, admission may be granted pending an examination by a staff psychiatrist within one working day; (2) A less restrictive treatment alternative is inappropriate or unavailable; (3) The person is in need of and will likely benefit from treatment which is available at the facility; (4) The requirements in § 27A-8-15 have been met; and (5) The person does not have medical needs which are beyond the capacity of the center or inpatient psychiatric facility. If a person eighteen years of age or older voluntarily seeks admission to an inpatient psychiatric facility without any element of force, duress, threat or other form of coercion and the facility director or administrator determines, after the explanation required in § 27A-8-15 , that the person is incapable of exercising an informed consent to the admission, the person may be admitted upon exercise of a substituted informed consent in accordance with §§ 27A-8-18.1 and 27A-8-19 . Source: SDC 1939, § 30.0115; SL 1955, ch 111 ; SL 1957, ch 147 ; SL 1959, ch 170 ; SL 1961, ch 153 ; SL 1964, ch 104 , § 8; SDCL § 27-4-12; SL 1975, ch 181 , § 32; SL 1981, ch 206 , § 1; SL 1991, ch 220 , § 46; SL 1992, ch 190 , § 4; SL 1995, ch 158 , § 1; SL 2012, ch 149 , § 12. 27A-8-1.1 to 27A-8-9. Repealed by SL 1991, ch 220 , §§ 47 to 55 27A-8-10 . Immediate discharge of adult voluntary patient after notice of intent to terminate. Except as is provided in § 27A-8-10.1 , a voluntary patient eighteen years of age or over has the right to immediate discharge upon written notice of his intention to terminate inpatient treatment. Upon informing a staff member of the inpatient psychiatric facility of the intention to terminate inpatient treatment, the facility shall promptly supply the patient with the required written form. Source: SL 1975, ch 181 , § 38; SDCL Supp, § 27-4-13.2; SL 1991, ch 220 , § 56. 27A-8-10.1 . Emergency detention of voluntary inpatient after notice of intention to terminate. If a written notice of termination of inpatient treatment is given to the facility pursuant to § 27A-8-10 , the notice is not withdrawn, and the facility director or administrator or attending psychiatrist has probable cause to believe that the patient requires emergency intervention under the criteria in § 27A-1-2 and should remain in the facility, the director or administrator or attending psychiatrist may initiate a mental illness hold detaining the patient for a period not to exceed twenty - four hours, not including weekends or holidays, from the facility's receipt of the patient's written notice of intention to terminate. The director or administrator shall immediately advise the patient that he is being detained on a twenty - four hour mental illness hold and explain the nature of such hold. The director or administrator shall forthwith notify the chairman of the county board for the county where the facility is located or a local peace officer of the time of receipt of the notice to terminate, the time the hold was initiated, the circumstances necessitating the hold, and the time and place the director or administrator or attending psychiatrist will be available to file a petition pursuant to § 27A-10-1 . This information shall also be made part of the signed petition, the patient's medical records and be delivered to the patient. If a petition pursuant to § 27A-10-1 is not filed with the chair within twenty - four hours of the facility's receipt of the patient's written notice of intention to terminate, the patient shall be immediately discharged. The twenty - four hour period does not include weekends or holidays. Source: SL 1991, ch 220 , § 57; SL 1992, ch 189 , § 2. 27A-8-11, 27A-8-11.1. Repealed by SL 1991, ch 220 , §§ 58, 59 27A-8-11.2 . Commitment of voluntary patient who has not applied for release--Reasons. An inpatient psychiatric facility director, the center administrator or an attending psychiatrist may file a petition pursuant to § 27A-10-1 for the commitment of a voluntary patient if clinically indicated, even though a written notice of intention to terminate inpatient treatment has not been received. Reasons for the filing of such petition shall be limited to the following: (1) The facility director, the center administrator, or attending psychiatrist has probable cause to believe that the patient meets the criteria in § 27A-1-2 ; and (2) The patient, including a person admitted upon exercise of a substituted informed consent by a guardian or a next of kin pursuant to § 27A-8-1 , is unwilling or unable to consent to treatment deemed necessary by the treating physician and there are no other appropriate treatments to which the patient is willing or able to consent; or (3) The patient is unable or unwilling to affirm consent to continued admission as required in § 27A-8-17 . Source: SL 1987, ch 198 , § 12; SL 1991, ch 220 , § 60; SL 1992, ch 190 , § 4C. 27A-8-12, 27A-8-13. Repealed by SL 1991, ch 220 , §§ 61, 62 27A-8-14 . Notice to voluntary patients of release procedure--Acknowledgment of notice--Display in wards. Upon voluntary admission, and at the end of the first six months of hospitalization, and annually thereafter, the patient shall be given a separate written notice of release procedures. In addition, a copy of the written notice shall be given to any one other person designated by the patient. The patient shall acknowledge deliverance of the notice in writing, or an affidavit that he was so informed shall be attached to his record. Every voluntary patient has the right to discharge upon request as provided in § 27A-8-10 . Detailed release procedures in simple and nontechnical language shall be permanently and prominently displayed in every psychiatric ward. Source: SL 1975, ch 181 , § 25; SDCL Supp, § 27-4-13.1; SL 1991, ch 220 , § 63. 27A-8-15 . Explanation required prior to acceptance of voluntary inpatient--Informed consent--Application form. Before an individual is accepted for voluntary inpatient treatment at an inpatient psychiatric facility, an explanation shall be made to him of the nature of such status, including the types of treatment available, and restraints or restrictions to which he may be subject including possible conversion to involuntary status as provided in this chapter together with a statement of his rights under this title. An informed consent as defined in subdivision 27A-1-1(8) shall be obtained orally and in writing upon an application form which shall contain in bold print and simple language the substance of §§ 27A-8-10 , 27A-8-11.2 , 27A-8-14 , and 27A-8-10.1 . In addition, the application form shall include the following representations: (1) The applicant understands that his treatment will involve inpatient status; (2) He is willing to be admitted to the facility; (3) He consents to such admission voluntarily, without any element of force, duress, threat, or other form of coercion. The consent shall be part of the person's record. In addition, a copy of the signed application and a written statement of the patient's rights under this title shall be given to the patient and to any one other person designated by the patient. Source: SL 1991, ch 220 , § 64. 27A-8-16 . Person requesting voluntary status to be admitted only as voluntary--Referrals for those denied admission. A person requesting voluntary admission to an inpatient psychiatric facility, who is clinically suitable for voluntary inpatient treatment, shall be admitted only on such voluntary status. The facility director or administrator shall give to an individual who is denied admission to the facility a referral to other facilities or programs that may be able to provide the treatment needed by the individual. Source: SL 1991, ch 220 , § 65. 27A-8-17 . Assessment of need for continued admission--Informed consent required for continued admission--Substitute informed consent. Thirty days after the voluntary admission of a patient and every ninety days thereafter, the facility director or center administrator shall review the patient's record and assess the need for continued admission. If continued admission is indicated, the facility director or center administrator shall consult with the patient and request from the patient an oral and written affirmation of his informed consent to continued admission. If a patient was admitted upon substituted informed consent as provided in § 27A-8-18.1 , and continues to be incapable of exercising an informed consent to continued admission, a substituted informed consent to continuing admission shall be obtained as provided in that section. The notification, request, and affirmation shall become part of the patient's record. A failure to affirm substituted informed consent to continued admission constitutes notice of an intention to terminate inpatient treatment as provided in § 27A-8-10 . Source: SL 1991, ch 220 , § 66; SL 1992, ch 190 , § 4D; SL 2012, ch 149 , § 14.