27A-12-3.11. Emergency surgery or treatment--Documentation of necessity--Immunity from liability--Health care--Sterilization.
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 §34-12C-1 and substitute informed consent is obtained from an appointed guardian, an attorney-in-fact, or a person with authority pursuant to chapter 34-12C. Documentation of the necessity for the medical procedure shall be entered into the patient's record as soon as practicable.
If it is ordered by a physician, psychotropic medication may be administered to a person in an emergency to prevent serious physical harm to the person or to others. Psychotropic medication, electroconvulsive therapy, and such other medical treatment as may be necessary for the treatment of the person's mental illness may also be administered if the attending physician and one other physician determine that administration of such medication, therapy, or treatment is necessary to prevent significant deterioration of the person's severe mental illness and that the person's potential for improvement would be significantly impaired if such treatment is not provided. The medication, electroconvulsive therapy, or such other necessary medical treatment may be continued for up to ten days and may be extended for one additional ten day period if a petition is filed pursuant to §27A-12-3.13 within the first ten day period. The reason for such treatment shall be documented in the patient's medical record. Electroconvulsive therapy may be administered only by a physician. Any physician who in good faith orders and administers psychotropic medication, electroconvulsive therapy, or such other necessary medical treatment under this section is immune from any civil liability for such order and administration, unless injury results from gross negligence or willful or wanton misconduct.
Health care may be performed with the patient's informed consent, or if the patient is incapacitated, by a substitute informed consent from an appointed guardian, an attorney-in-fact, or a person with authority pursuant to chapter 34-12C. Informed consent may be withdrawn at any time, is effective immediately upon communication of the withdrawal of consent to the treatment provider, and shall thereafter be reduced to writing.
No sterilization may be authorized under authority of this title for a person incapable of providing written informed consent.
Source: SL 1975, ch 181, §21; SDCL Supp, §27-7-57; SL 1991, ch 220, §194; SDCL §27A-12-19; SL 1996, ch 183; SL 2012, ch 149, §32; SL 2013, ch 122, §2; SL 2014, ch 130, §1.
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.