South Dakota Codified Laws
Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness
Section 27A-12-3.3 - Right of access to protection of receiving assistance.

27A-12-3.3. Right of access to protection of receiving assistance.
Notwithstanding §27A-12-3.1, a person has the right to access to, including opportunities and facilities for private communications with, any available rights protection service, or to a system designated to provide protection of receiving assistance to understand, exercise, and protect the rights described in this section and in other provisions of law.

Source: SL 1991, ch 220, §178.

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Structure South Dakota Codified Laws

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-12-3.6 - Comprehensive individualized treatment plan--Right to participate in planning--Purpose of plan--Periodic review.

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-12-3.9 - Review of need for continued treatment--Release if implementation of treatment plan untimely.

Section 27A-12-3.10 - Application for transfer from involuntary to voluntary status.

Section 27A-12-3.11 - Emergency surgery or treatment--Documentation of necessity--Immunity from liability--Health care--Sterilization.

Section 27A-12-3.12 - Right to refuse being subjected to research or experimental or intrusive procedures or medication--Exceptions.

Section 27A-12-3.13 - Petition for authority to administer psychotropic medication or other medical treatment--Examination and physician opinion of incapacity to consent required.

Section 27A-12-3.14 - Service of petition and notice of hearing--Content--Appointment of counsel--Hearing.

Section 27A-12-3.15 - Order for psychotropic medication or other treatment when person incapable of consent.

Section 27A-12-3.16 - Time limit for administration of psychotropic medication or other medical treatment--Termination of order--Review of necessity of treatment.

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-12-3.21 - Experimental research and hazardous procedure to be approved by secretary of social services.

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-12-6.2 - Seclusion or restraint--Clinical justification required--Rationale--Appropriate manner.

Section 27A-12-25 - Individual records required--Contents--Confidentiality.

Section 27A-12-25.1 - Information closed to public inspection--Sealed upon termination of proceedings.

Section 27A-12-26 - Confidentiality of information acquired in course of providing mental health services.

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-12-27.2 - Detention of person subject to petition for involuntary commitment if necessary for law enforcement to obtain custody.

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-12-31 - Identity of patient protected in disclosing information--Disclosure limited by germaneness.

Section 27A-12-32 - Disclosure by recipient of confidential information.

Section 27A-12-32.1 - Asserting grievances.

Section 27A-12-32.2 - Habeas corpus available for committed, confined, detained, or restrained person.

Section 27A-12-33 - Provisions of title do not replace or limit other rights.

Section 27A-12-33.1 - Exercise of rights.

Section 27A-12-34 - Notification to guardian or next of kin as to admission or commitment to, or discharge from, Human Services Center.