27A-12-6.1. Restrictive treatment procedures--Documentation--Prior approval--Limitation.
Restrictive treatment procedures which impose physical restrictions on the person may not be considered seclusion or restraint as provided for in §27A-12-6.2, if carried out as a part of an approved behavioral treatment program, developed in accordance with §27A-12-3.6. If restrictive treatment procedures involve physical restraint or placing a person alone in a separate room, appropriate attention shall be paid every fifteen minutes to the person, especially in regard to regular meals, bathing, and use of the toilet. There shall be documentation in the person's record that such attention was given to the person.
Prior to its implementation, restrictive treatment procedures shall be approved by a peer committee review, and shall be subject to continuing review and approval every ninety days, or sooner upon request for review by the patient, attending staff, treatment team member, or treating qualified mental health professional. Each incident requiring the implementation of a restrictive treatment procedure shall be documented in the person's record. An approved restrictive treatment procedure shall require a written order at least every fifteen days during the first sixty days of implementation and every thirty days thereafter.
Restrictive treatment procedures may not be employed as punishment or for the convenience of staff, and may be implemented in the treatment plan only as necessary to prevent assaultive or otherwise harmful behaviors, with specific conditions justifying its use including occurrence of antecedent behavior to be documented in the treatment plan. A person shall be released from restrictive treatment procedures upon completion of a reasonable and pre-set period of time during which the targeted behaviors are not present.
Source: SL 1987, ch 198, §20; SL 1991, ch 220, §§221, 222.
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.