27A-11A-10. Precautions against drugs hampering defense--Record of treatments administered.
If the person is receiving treatment, the qualified mental health professional shall take all reasonable precautions to ensure that at the time of the hearing the person is not so under the influences of, or so affected by drugs, medication, or other treatment or interventions as to be hampered in preparing for or participating in the hearing. The board of mental illness at the time of the hearing shall be presented a record of all drugs, medication, and other treatments or interventions the person has received since being taken into custody. For review hearings, the board of mental illness at the time of hearing shall be presented with the medical record containing information on medications and treatments the person has received within the past year.
Source: SL 1975, ch 181, §89; SDCL Supp, §27-7-12.2; SL 1991, ch 220, §146; SDCL, §27A-9-13; SL 1992, ch 189, §4.
Structure South Dakota Codified Laws
Title 27A - Mentally Ill Persons
Chapter 11A - Hearings Procedure
Section 27A-11A-1.1 - Petitions, applications, and documents made under oath or affirmation.
Section 27A-11A-1.2 - Qualification of electronic document as signed document.
Section 27A-11A-1.3 - Assurance of authenticity of electronic signature.
Section 27A-11A-1.4 - Electronically transmitted facsimile.
Section 27A-11A-3 - Filing of board papers with clerk of courts--Confidentiality and access.
Section 27A-11A-4 - State's attorney to represent petitioners--Reasonable costs.
Section 27A-11A-5 - Personal service of petition and notice of hearing--Contents of notice.
Section 27A-11A-6 - Sheriff's and witnesses' fees.
Section 27A-11A-7 - Assignment of counsel to represent alleged mentally ill person--Time allowed.
Section 27A-11A-9 - Expenses of evaluation--Additional examination.
Section 27A-11A-10 - Precautions against drugs hampering defense--Record of treatments administered.
Section 27A-11A-12 - Compensation for appointed counsel.
Section 27A-11A-13 - Determining residency.
Section 27A-11A-15 - Attorney general notified of findings as to nonresidency in state.
Section 27A-11A-17 - County of residence to refund attorney general's expenses.
Section 27A-11A-18 - Distribution of copies of board findings and documents.
Section 27A-11A-22 - Unsuccessful treatment--Hearing--Modification of treatment.
Section 27A-11A-23 - Fund designated for expenses of commitment proceeding.
Section 27A-11A-24 - Rules of evidence.
Section 27A-11A-25 - Appeal of final order--Costs for indigent person.
Section 27A-11A-26 - Appointed attorney not guardian ad litem.
Section 27A-11A-27 - Guardianship of estate unaffected by board proceedings.
Section 27A-11A-28 - Location and conduct of hearings and reviews.