Title 27A — MENTALLY ILL PERSONS
17 chapters · 296 sections in this title.
SDCL § 27A-12-1 Individual privacy and dignity to be respected
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Each person has the right to a humane environment that affords appropriate individual privacy, individual dignity and reasonable protection from harm. These rights shall be respected at all times and upon all occasions, including any occasion when the person is taken into custody…
SDCL § 27A-12-1.1 "Person" defined
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For the purpose of this chapter, the term "person" means any individual subject to the authority of this title, either on a voluntary or involuntary basis. Source: SL 1991, ch 220 , § 167.
SDCL § 27A-12-1.2 Commitment not conclusive on competence
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Notwithstanding any other provision of law, no person may be deemed incompetent to manage his affairs, to contract, to hold professional, occupational, or other licenses, to marry and obtain a divorce, to register and vote, to make a will, or to exercise any other rights or privi…
SDCL § 27A-12-10 SDCL 27A-12-10
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[Repealed or reserved.]
SDCL § 27A-12-15 SDCL 27A-12-15
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[Repealed or reserved.]
SDCL § 27A-12-18 SDCL 27A-12-18
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[Repealed or reserved.]
SDCL § 27A-12-23 SDCL 27A-12-23
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[Repealed or reserved.]
SDCL § 27A-12-25 Individual records required--Contents--Confidentiality
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A complete statistical and medical record shall be kept current for each person receiving mental health services, or being otherwise detained under this title. The record shall include information pertinent to the services provided to the person, pertinent to the legal status of …
SDCL § 27A-12-25.1 Information closed to public inspection--Sealed upon termination of proceedings
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Any information acquired by a peace officer pursuant to his authority under this title regarding any person subject to any proceedings under this title shall not be open to public inspection, and any records regarding such person shall be sealed upon the termination of proceeding…
SDCL § 27A-12-26 Confidentiality of information acquired in course of providing mental health services
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Information in the record of a person, and other information acquired in the course of providing mental health services to a person, shall be kept confidential and are not open to public inspection. The information may be disclosed outside the center, department, mental health pr…
SDCL § 27A-12-26.1 Access to own records--Exceptions--Confidentiality following discharge
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A person has the right to access, upon request, to his mental health records. However, the person may be refused access to: (1) Information in such records provided by a third party under assurance that such information remain confidential; and (2) Specific material in such recor…
SDCL § 27A-12-27 Obligation to disclose confidential information
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If requested, information shall be disclosed: (1) Pursuant to an order or subpoena of a board of mental illness or a court of record or a subpoena of the Legislature; (2) To a prosecuting or defense attorney or to a qualified mental health professional as necessary for the attorn…
SDCL § 27A-12-27.1 Request for notice and notice of pending discharge
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If a request for notice is made pursuant to subdivision 27A-12-27(7), the request shall: (1) Be made in writing and served upon an inpatient facility, either by personal service or electronic facsimile with oral notice of the facsimile given by telephone, before the discharge; (2…
SDCL § 27A-12-27.2 Detention of person subject to petition for involuntary commitment if necessary for law enforcement to obtain custody
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If a person is subject to a petition for involuntary commitment under this title, the inpatient facility may detain that person in the facility for a period of time not to exceed four hours after the time set for discharge, if necessary for a law enforcement official or agency to…
SDCL § 27A-12-27.3 Immunity from liability for good faith detention
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The detention of a person in good faith and not in excess of the period of time specified in § 27A-12-27.2 may not render any law enforcement official, agency, institution, board, court, physician, inpatient facility, or staff detaining the person liable in any criminal or civil …
SDCL § 27A-12-29 Discretionary disclosure of confidential information
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Information may be disclosed in the discretion of the holder of the record: (1) As necessary or beneficial in order for the person, or persons acting on behalf of the person, to apply for and acquire benefits for the person, including third-party financial payments, assistance, o…
SDCL § 27A-12-3 Notice of rights furnished patient--Display
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Each person admitted or involuntarily detained or committed has the right to be informed promptly upon entering the facility or program and periodically thereafter, both verbally and in writing in language and terms appropriate to such person's condition and ability to understand…
SDCL § 27A-12-3.1 Rights enumerated--Limitations on rights
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Any person, if otherwise qualified, has the right to: (1) Refuse to be photographed or fingerprinted; (2) Remain silent and fully clothed; (3) Be allowed access to toilet facilities upon request, to have limited access to his own money unless a conservator has been appointed, and…
SDCL § 27A-12-3.10 Application for transfer from involuntary to voluntary status
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Each person under an order of involuntary commitment has the right to apply for and give consent to transfer to voluntary status. Such transfer shall be forthwith granted unless the person is unable to understand the nature of voluntary status or the transfer would not be in the …
SDCL § 27A-12-3.11 Emergency surgery or treatment--Documentation of necessity--Immunity from liability--Health care--Sterilization
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Emergency surgery and any other emergency medical procedures may be performed without the patient's consent or court or board order if the life of the recipient is threatened and there is not time to obtain consent or order or if the patient is incapacitated as defined in § 34-12…
SDCL § 27A-12-3.12 Right to refuse being subjected to research or experimental or intrusive procedures or medication--Exceptions
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Except as provided for in §§ 27A-12-3.11 and 27A-12-3.15 , any adult person who is admitted as an inpatient or an outpatient or who is involuntarily committed or who is detained on a mental illness hold prior to a commitment hearing has the right to refuse to be subjected to rese…
SDCL § 27A-12-3.13 Petition for authority to administer psychotropic medication or other medical treatment--Examination and physician opinion of incapacity to consent required
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The administrator or attending psychiatrist or facility director may petition the circuit court or the board of mental illness for the authority to administer psychotropic medication and such other medical treatment as may be necessary for the treatment of the person's mental ill…
SDCL § 27A-12-3.14 Service of petition and notice of hearing--Content--Appointment of counsel--Hearing
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Copies of the petition and notice of hearing shall be personally served by the sheriff or an elector of any state not a party to the action that is specifically designated by the court or board on the person immediately upon the filing of the petition but no less than five calend…
Order for psychotropic medication or other treatment when person incapable of consent
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If the court or board finds by clear and convincing evidence that the person is incapable of consenting to treatment with psychotropic medication and such other medical treatment as may be necessary for the treatment of the person's mental illness, including electroconvulsive the…
SDCL § 27A-12-3.16 Time limit for administration of psychotropic medication or other medical treatment--Termination of order--Review of necessity of treatment
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The court or board may authorize the administration of psychotropic medication and such other medical treatment, including electroconvulsive therapy, as may be necessary for the treatment of the person's mental illness for not more than one year. The court's or board's order shal…
SDCL § 27A-12-3.17 Compensation of appointed attorney by county of residence
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The attorney appointed by a court or board to represent the interests of the person shall be paid by the person's county of residence. The attorney shall be compensated for the attorney's reasonable services and for necessary expenses incurred incident to the proceedings at the r…
SDCL § 27A-12-3.18 Access to attorney and private physician
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Notwithstanding § 27A-12-3.1 , a person may communicate with his attorney or other legal representative or a private physician subject to the facility's normal access restrictions. The person's attorney or other legal representative shall have reasonable access to the person, the…
SDCL § 27A-12-3.19 Personal appearance at hearing not compulsory--Presenting evidence
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The person may appear personally at any hearing and testify on his or her own behalf, but the person may not be compelled to do so. The person may subpoena and cross-examine witnesses and present evidence. If the person chooses not to appear, the person's attorney shall state on …
SDCL § 27A-12-3.2 Right to treatment through spiritual means
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Nothing in this title or in any rule adopted pursuant thereto may be construed to deny treatment by spiritual means through prayer for any person detained for evaluation or treatment, who desires such treatment, or to a minor if his parent or guardian desires such treatment, but …
SDCL § 27A-12-3.20 SDCL 27A-12-3.20
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Repealed by SL 2012, ch 149 , § 40.
SDCL § 27A-12-3.21 Experimental research and hazardous procedure to be approved by secretary of social services
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No person may be the subject of any experimental research or hazardous procedure unless the research or procedure is approved and conducted in the manner prescribed by the secretary of social services. Source: SL 1975, ch 181 , § 21; SDCL Supp, § 27-7-55; SL 1989, ch 21 , § 94; S…
SDCL § 27A-12-3.22 Psychosurgery, aversive stimuli, and substantial deprivations prohibited
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No person may be administered or subjected to psychosurgery, aversive stimuli, or substantial deprivations. Aversive stimuli shall include anything which, because it is believed to be unreasonably unpleasant, uncomfortable, or distasteful to the person, is administered or done to…
SDCL § 27A-12-3.23 Repealed by SL 2012, ch 149 , § 42
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27A-12-4. Transferred to § 27A-12-32.2 27A-12-4.1. Repealed by SL 1991, ch 220 , § 248 27A-12-5. Transferred to § 27A-12-1.2 27A-12-6. Transferred to § 27A-12-6.2
SDCL § 27A-12-3.3 Right of access to protection of receiving assistance
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Notwithstanding § 27A-12-3.1 , a person has the right to access to, including opportunities and facilities for private communications with, any available rights protection service, or to a system designated to provide protection of receiving assistance to understand, exercise, an…
SDCL § 27A-12-3.4 Labor for benefit of facility
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A person may perform labor which contributes to the operation and the maintenance of the facility for which the facility would otherwise employ someone only if the person voluntarily agrees to perform the labor and if the person is compensated appropriately and in accordance with…
SDCL § 27A-12-3.5 Discharge not conditioned on labor--Compensation exempt from facility charges
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In no event may discharge be conditioned upon the completion of any labor performed under § 27A-12-3.4 , and one - half of any compensation paid to the person shall be exempt from collection for payment for services rendered by the facility. Source: SL 1975, ch 181 , § 23; SDCL S…
SDCL § 27A-12-3.6 Comprehensive individualized treatment plan--Right to participate in planning--Purpose of plan--Periodic review
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Each person has the right to the implementation of a comprehensive individualized treatment plan developed by appropriate qualified mental health professionals, including a psychiatrist. The treatment plan shall be consistent with current standards for facilities and programs and…
Aftercare plan to facilitate discharge
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An aftercare plan shall be developed cooperatively between the person, the legal guardian, if any, and if requested by the person or guardian, family members or others, the facility or program to which the person is committed or admitted, and the mental health center located in t…
SDCL § 27A-12-3.8 Examination and review of behavioral status after admission
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Each person shall have a physical and mental examination and review of behavioral status within forty - eight hours, excluding Saturdays, Sundays, and holidays, after admission. Source: SL 1975, ch 181 , § 4; SDCL Supp, § 27-7-49; SL 1991, ch 220 , § 189; SDCL, §
SDCL § 27A-12-3.9 Review of need for continued treatment--Release if implementation of treatment plan untimely
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No later than ten days after a person is committed, the administrator, facility director or, if the person is not committed to an inpatient psychiatric facility, the director of the program shall have the person and his records examined to determine whether the commitment should …
SDCL § 27A-12-30 Released information approved by administrator--Record of release
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Any release of information by the holder of the record shall be approved by the administrator or facility director holding the records. The holder of the record shall keep a record of any information released, to whom, the date it was released and the purpose for such release. So…
SDCL § 27A-12-31 Identity of patient protected in disclosing information--Disclosure limited by germaneness
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If information is disclosed, the identity of the individual to whom it pertains shall be protected and may not be disclosed unless it is germane to the authorized purpose for which disclosure was sought. Source: SL 1975, ch 181 , § 12; SDCL Supp, § 27-7-64; SL 1991, ch 220 , §§ 2…
SDCL § 27A-12-32 Disclosure by recipient of confidential information
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Any person receiving confidential information pursuant to § 27A-12-25 shall disclose the information to others only to the extent consistent with the authorized purpose for which the information was obtained. Source: SL 1975, ch 181 , § 13; SDCL Supp, § 27-7-65; SL 1991, ch 220 ,…
SDCL § 27A-12-32.1 Asserting grievances
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A person may assert grievances with respect to infringement of the rights described in this chapter, including the right to have such grievances considered in a fair, timely, and impartial grievance procedure which provides a meaningful review. Source: SL 1991, ch 220 , § 242.
SDCL § 27A-12-32.2 Habeas corpus available for committed, confined, detained, or restrained person
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Any person involuntarily committed by a board of mental illness and any person confined or in any manner detained or restrained is entitled to the benefit of the writ of habeas corpus. If the court finds that the criteria in § 27A-10-9.1 are met, the court may authorize continued…
SDCL § 27A-12-33 Provisions of title do not replace or limit other rights
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The provisions of this title may not be construed as replacing or limiting any other rights, benefits, or privileges afforded any person pursuant to other provisions of law, the Constitution of South Dakota, and the Constitution of the United States. Source: SL 1975, ch 181 , § 2…
SDCL § 27A-12-33.1 Exercise of rights
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The exercise of rights afforded in this title are not subject to any reprisal, including reprisal through the actual or threatened denial of any treatment, benefits, privileges, or other rights. Source: SL 1991, ch 220 , § 247.
SDCL § 27A-12-34 Notification to guardian or next of kin as to admission or commitment to, or discharge from, Human Services Center
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If a person is admitted, involuntarily committed, or discharged from the Human Services Center, reasonable attempts shall be made to notify the person's legally appointed guardian. Upon obtaining consent to release information, reasonable attempts shall also be made to notify the…
SDCL § 27A-12-4 SDCL 27A-12-4
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[Repealed or reserved.]
SDCL § 27A-12-5 27A-12-2
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Transferred to § 27A-12-3.1