27A-12-3.16. Time limit for administration of psychotropic medication or other medical treatment--Termination of order--Review of necessity of treatment.
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 shall terminate if the person is judicially restored or restored by the board as competent to consent to or refuse the administration of psychotropic medication and such other medical treatment as may be necessary for the treatment of the person's mental illness or if the person's treating physician or the medical director of the facility or, if the facility does not have a medical director, a consulting psychiatrist determines that the administration of psychotropic medication and such medical treatment is no longer necessary under the criteria set forth in §27A-12-3.13. Transfer from inpatient to outpatient treatment while the person is under an order of involuntary commitment does not, in itself, terminate the court's or board's treatment order. The necessity of treatment shall be reviewed and approved under the criteria in §27A-12-3.13 at least every thirty days by the treating physician and the medical director of the facility or, if the facility does not have a medical director, a consulting psychiatrist after a personal examination of the person. If the consulting psychiatrist was the person's treating physician while the person was a patient at the Human Services Center, a personal examination need not take place as part of the review. If the treating physician or the medical director or consulting psychiatrist determines that the treatment ordered is no longer necessary under the criteria in §27A-12-3.13, the treatment order shall terminate. A copy of the results of the personal examination and the determinations of the treating physician and the medical director or consulting psychiatrist shall be made part of the person's medical records.
Source: SL 1989, ch 237, §§8-10; SL 1991, ch 220, §209; SDCL Supp, §§27A-12-11.10--27A-12-11.12; SL 1995, ch 163, §3; SL 1999, ch 141, §1; SL 2012, ch 149, §37.
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.