27A-12-27.1. Request for notice and notice of pending discharge.
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)Contain clear contact information and a reasonable contact method for notifying the requesting official, agency, or institution; and
(3)Contain clear information identifying the person.
Upon receipt of a request fulfilling the requirements of this section, the inpatient facility shall provide the notice of pending discharge to the requester as soon as reasonably practical before discharge. The notice shall contain the time, date, and location of the pending discharge. The inpatient facility shall record in the person's medical record the time the notice of pending discharge is given, to whom, how the notice was given, who gave the notice, the set time for discharge, and the time the law enforcement official or agency obtained custody of the person after the notice was given, if applicable.
Source: SL 2016, ch 147, ยง2.
Structure South Dakota Codified Laws
Title 27A - Mentally Ill Persons
Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness
Section 27A-12-1 - Individual privacy and dignity to be respected.
Section 27A-12-1.1 - "Person" defined.
Section 27A-12-1.2 - Commitment not conclusive on competence.
Section 27A-12-3 - Notice of rights furnished patient--Display.
Section 27A-12-3.1 - Rights enumerated--Limitations on rights.
Section 27A-12-3.2 - Right to treatment through spiritual means.
Section 27A-12-3.3 - Right of access to protection of receiving assistance.
Section 27A-12-3.4 - Labor for benefit of facility.
Section 27A-12-3.5 - Discharge not conditioned on labor--Compensation exempt from facility charges.
Section 27A-12-3.7 - Aftercare plan to facilitate discharge.
Section 27A-12-3.8 - Examination and review of behavioral status after admission.
Section 27A-12-3.10 - Application for transfer from involuntary to voluntary status.
Section 27A-12-3.17 - Compensation of appointed attorney by county of residence.
Section 27A-12-3.18 - Access to attorney and private physician.
Section 27A-12-3.19 - Personal appearance at hearing not compulsory--Presenting evidence.
Section 27A-12-3.22 - Psychosurgery, aversive stimuli, and substantial deprivations prohibited.
Section 27A-12-6.1 - Restrictive treatment procedures--Documentation--Prior approval-- Limitation.
Section 27A-12-25 - Individual records required--Contents--Confidentiality.
Section 27A-12-26.1 - Access to own records--Exceptions--Confidentiality following discharge.
Section 27A-12-27 - Obligation to disclose confidential information.
Section 27A-12-27.1 - Request for notice and notice of pending discharge.
Section 27A-12-27.3 - Immunity from liability for good faith detention.
Section 27A-12-29 - Discretionary disclosure of confidential information.
Section 27A-12-30 - Released information approved by administrator--Record of release.
Section 27A-12-32 - Disclosure by recipient of confidential information.
Section 27A-12-32.1 - Asserting grievances.
Section 27A-12-33 - Provisions of title do not replace or limit other rights.