§ 27A-12-1 Individual privacy and dignity to be respected
§ 27A-12-1.1 “Person” defined
§ 27A-12-1.2 Commitment not conclusive on competence
§ 27A-12-3 Notice of rights furnished patient–Display
§ 27A-12-3.1 Rights enumerated–Limitations on rights
§ 27A-12-3.2 Right to treatment through spiritual means
§ 27A-12-3.3 Right of access to protection of receiving assistance
§ 27A-12-3.4 Labor for benefit of facility
§ 27A-12-3.5 Discharge not conditioned on labor–Compensation exempt fromfacility charges
§ 27A-12-3.6 Comprehensive individualized treatment plan–Right to participatein planning–Purpose of plan–Periodic review
§ 27A-12-3.7 Aftercare plan to facilitate discharge
§ 27A-12-3.8 Examination and review of behavioral status after admission
§ 27A-12-3.9 Review of need for continued treatment–Release ifimplementation of treatment plan untimely
§ 27A-12-3.10 Application for transfer from involuntary to voluntary status
§ 27A-12-3.11 Emergency surgery or treatment–Documentation of necessity–Immunity from liability–Health care–Sterilization
§ 27A-12-3.12 Right to refuse being subjected to research or experimental orintrusive procedures or medication–Exceptions
§ 27A-12-3.13 Petition for authority to administer psychotropic medication orother medical treatment–Examination and physician opinion ofincapacity to consent required
§ 27A-12-3.14 Service of petition and notice of hearing–Content–Appointmentof counsel–Hearing
§ 27A-12-3.15 Order for psychotropic medication or other treatment when personincapable of consent
§ 27A-12-3.16 Time limit for administration of psychotropic medication or othermedical treatment–Termination of order–Review of necessity oftreatment
§ 27A-12-3.17 Compensation of appointed attorney by county of residence
§ 27A-12-3.18 Access to attorney and private physician
§ 27A-12-3.19 Personal appearance at hearing not compulsory–Presentingevidence
§ 27A-12-3.21 Experimental research and hazardous procedure to be approved bysecretary of social services
§ 27A-12-3.22 Psychosurgery, aversive stimuli, and substantial deprivationsprohibited
§ 27A-12-6.1 Restrictive treatment procedures–Documentation–Prior approval–Limitation
§ 27A-12-6.2 Seclusion or restraint–Clinical justification required–Rationale–Appropriate manner
§ 27A-12-25 Individual records required–Contents–Confidentiality
§ 27A-12-25.1 Information closed to public inspection–Sealed upon terminationof proceedings
§ 27A-12-26 Confidentiality of information acquired in course of providingmental health services
§ 27A-12-26.1 Access to own records–Exceptions–Confidentiality followingdischarge
§ 27A-12-27 Obligation to disclose confidential information
§ 27A-12-27.1 Request for notice and notice of pending discharge
§ 27A-12-27.2 Detention of person subject to petition for involuntarycommitment if necessary for law enforcement to obtain custody
§ 27A-12-27.3 Immunity from liability for good faith detention
§ 27A-12-29 Discretionary disclosure of confidential information
§ 27A-12-30 Released information approved by administrator–Record ofrelease
§ 27A-12-31 Identity of patient protected in disclosing information–Disclosurelimited by germaneness
§ 27A-12-32 Disclosure by recipient of confidential information
§ 27A-12-32.1 Asserting grievances
§ 27A-12-32.2 Habeas corpus available for committed, confined, detained, orrestrained person
§ 27A-12-33 Provisions of title do not replace or limit other rights
§ 27A-12-33.1 Exercise of rights
§ 27A-12-34 Notification to guardian or next of kin as to admission orcommitment to, or discharge from, Human Services Center
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Terms Used In South Dakota Codified Laws > Title 27A > Chapter 12 - Care, Treatment, and Rights of Patients With Mental Illness

  • Arrest: Taking physical custody of a person by lawful authority.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Defense attorney: Represent defendants in criminal matters.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2