27B-8-50. Aversive behavioral intervention techniques--Findings.
The Legislature hereby finds that:
(1)Research does not support the long-term efficacy of aversive behavioral intervention;
(2)The use of aversive or abusive treatment raises disturbing legal and ethical issues, and may well deprive the recipient of constitutional or statutory rights and be outside the ethical guidelines imposed upon the treatment professional;
(3)Any person with a disability has the same right to be treated with dignity and respect as any other citizen; and
(4)The use of aversive and abusive treatments on any person with a disability diminishes the dignity and humanity of the treatment professional and the person with a disability.
The Legislature opposes any treatment or practice which violates the right to freedom from harm. The Legislature promotes activities that lead to implementation and dissemination of positive intervention alternatives.
Source: SL 2000, ch 131, ยง95.
Structure South Dakota Codified Laws
Title 27B - Developmentally Disabled Persons
Section 27B-8-36 - Rights and responsibilities of person with developmental disability.
Section 27B-8-37 - Religious rights.
Section 27B-8-38 - Right to public educational services.
Section 27B-8-39 - Right of access to dental and medical care.
Section 27B-8-40 - Emergency treatment without consent--Documentation of necessity.
Section 27B-8-42 - Other rights not limited by receipt of services--Certain practices prohibited.
Section 27B-8-43 - Retaliation against whistle-blower forbidden--Definition.
Section 27B-8-44 - Certain conduct as misdemeanor.
Section 27B-8-45 - Rights of persons receiving services.
Section 27B-8-46 - Records confidential--Disclosure.
Section 27B-8-47 - Disclosure of information to certain persons.
Section 27B-8-48 - Identity of person to be protected.
Section 27B-8-49 - Further disclosure of information.
Section 27B-8-50 - Aversive behavioral intervention techniques--Findings.
Section 27B-8-51 - Use of aversive intervention techniques prohibited.
Section 27B-8-52 - Restriction or suspension of rights only after due process.
Section 27B-8-53 - Use of restraints.
Section 27B-8-54 - Behavior intervention programs--Prerequisites to implementation.
Section 27B-8-55 - Highly restrictive procedures--Limitations on use.