reglab/housing_qa huggingface dataset:
SD Codified L § 27A-12-3.11 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-3.11 - Emergency surgery or treatment--Documentation of necessity--Immunity from liability--Health care--Sterilization.

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.
SD Codified L § 27A-12-3.12 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-3.12 - Right to refuse being subjected to research or experimental or intrusive procedures or medication--Exceptions.

27A-12-3.12. Right to refuse being subjected to research or experimental or intrusive procedures or medication--Exceptions.Except as provided for in §§27A-12-3.11 and 27A-12-3.15, any adult person who is admitted as an inpatient or an outpatient or who is involuntarily committed or who is detained on a mental illness hold prior to a commitment hearing has the right to refuse to be subjected to research and experimental or intrusive procedures and may also refuse any treatment including electroconvulsive therapy and psychotropic medication. If an involuntarily committed person refuses treatment, then psychotropic medication, electroconvulsive therapy, and such other medical treatment as may be necessary for the treatment of the person's mental illness may be administered if it is ordered by the court or the board under the criteria in §27A-12-3.15. Source: SL 1989, ch 237, §1; SL 1991, ch 220, §196; SDCL Supp, §27A-12-11.3; SL 1992, ch 190, §3; SL 1995, ch 163, §2; SL 1996, ch 184, §1; SL 2012, ch 149, §33.
SD Codified L § 27A-12-3.13 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|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.

27A-12-3.13. Petition for authority to administer psychotropic medication or other medical treatment--Examination and physician opinion of incapacity to consent required.The administrator or attending psychiatrist or facility director may petition the circuit court or the board of mental illness for the authority to administer psychotropic medication and such other medical treatment as may be necessary for the treatment of the person's mental illness, including electroconvulsive therapy, to an involuntarily committed patient if, after a personal examination, the person's treating physician and the medical director or attending psychiatrist believe psychotropic medication and such other medical treatment, including electroconvulsive therapy, will be medically beneficial to the person and is necessary because:(1)The person presents a danger to self or others;(2)The person cannot improve or the person's condition may deteriorate without the medication and such treatment; or(3)The person may improve without the medication or such treatment but only at a significantly slower rate;and the person's treating physician determines that the person is incapable of consenting to such treatment because the person's judgment is so affected by mental illness that the person lacks the capacity to make a competent, voluntary, and knowing decision concerning such treatment. Source: SL 1989, ch 237, §3; SL 1991, ch 220, §198; SDCL Supp, §27A-12-11.5; SL 1999, ch 141, §2; SL 2012, ch 149, §34.
SD Codified L § 27A-12-3.14 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-3.14 - Service of petition and notice of hearing--Content--Appointment of counsel--Hearing.

27A-12-3.14. Service of petition and notice of hearing--Content--Appointment of counsel--Hearing.Copies of the petition and notice of hearing shall be personally served by the sheriff or an elector of any state not a party to the action that is specifically designated by the court or board on the person immediately upon the filing of the petition but no less than five calendar days before the hearing. The notice of hearing shall include the following:(1)Notice of the time, date, and place of hearing and directing the person to appear in person;(2)Notice of the person's right to be represented by an attorney at the person's own expense or appointed by the court if the person is indigent;(3)Notice of the person's right to seek an opinion of an independent psychiatrist at the person's own expense or at the expense of the person's county of residence if the person is indigent; and(4)Notice that the costs of any post-commitment proceedings, treatment, medication, and any hearing related to the medication, any post-commitment proceeding, including a habeas corpus proceeding, the costs of compensation for the attorney appointed to represent the person, and any other costs associated with any post-commitment proceeding, are that person's responsibility, and that a lien for the amount of these costs may be filed upon the person's real and personal property to insure payment.Upon the filing of the petition the court or board shall immediately appoint counsel for the person if counsel has not been retained. A date shall be set for the hearing within fifteen days of the filing of the petition, and this hearing shall be a priority on the court or board calendar. Allowance for any additional time shall be limited to one seven-day continuance, and shall be restrictively granted, only upon a showing of good cause for delay. Source: SL 1989, ch 237, §4; SL 1990, ch 201; SL 1991, ch 220, §200; SDCL Supp, §27A-12-11.6; SL 1995, ch 162, §2; SL 2001, ch 149, §1; SL 2012, ch 149, §35; SL 2014, ch 130, §2.
SD Codified L § 27A-12-3.15 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-3.15 - Order for psychotropic medication or other treatment when person incapable of consent.

27A-12-3.15. Order for psychotropic medication or other treatment when person incapable of consent.If the court or board finds by clear and convincing evidence that the person is incapable of consenting to treatment with psychotropic medication and such other medical treatment as may be necessary for the treatment of the person's mental illness, including electroconvulsive therapy, because the person's judgment is so affected by mental illness that the person lacks the capacity to make a competent, voluntary, and knowing decision concerning the medication and medical treatment and the administration of the recommended psychotropic medication and medical treatment is essential under the criteria in §27A-12-3.13, the court or board may order the administration of psychotropic medication and medical treatment, including electroconvulsive therapy. Source: SL 1988, ch 217, §1; SL 1989, ch 237, §7; SL 1991, ch 220, §205; SDCL Supp, §§27A-12-11.1, 27A-12-11.9; SL 1997, ch 165, §19; SL 2012, ch 149, §36.
SD Codified L § 27A-12-3.16 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-3.16 - Time limit for administration of psychotropic medication or other medical treatment--Termination of order--Review of necessity of treatment.

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.
SD Codified L § 27A-12-3.17 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-3.17 - Compensation of appointed attorney by county of residence.

27A-12-3.17. Compensation of appointed attorney by county of residence.The attorney appointed by a court or board to represent the interests of the person shall be paid by the person's county of residence. The attorney shall be compensated for the attorney's reasonable services and for necessary expenses incurred incident to the proceedings at the rate fixed by the circuit court and in an amount approved by the court or the board. Source: SL 1989, ch 237, §5; SL 1991, ch 220, §211; SDCL Supp, §27A-12-11.7; SL 2012, ch 149, §38.
SD Codified L § 27A-12-3.18 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-3.18 - Access to attorney and private physician.

27A-12-3.18. Access to attorney and private physician.Notwithstanding §27A-12-3.1, a person may communicate with his attorney or other legal representative or a private physician subject to the facility's normal access restrictions. The person's attorney or other legal representative shall have reasonable access to the person, the area where the person has received treatment, resided, been detained, or had access, and to all records and information pertaining to the person. Source: SL 1975, ch 181, §19; SDCL Supp, §27-7-42.1; SL 1991, ch 220, §212; SDCL, §27A-12-8.
SD Codified L § 27A-12-3.19 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-3.19 - Personal appearance at hearing not compulsory--Presenting evidence.

27A-12-3.19. Personal appearance at hearing not compulsory--Presenting evidence.The person may appear personally at any hearing and testify on his or her own behalf, but the person may not be compelled to do so. The person may subpoena and cross-examine witnesses and present evidence. If the person chooses not to appear, the person's attorney shall state on the record that the person has been informed of the hearing and of the right to appear and the person chooses not to exercise that right. Documentation of the reasons for the person's decision are not required. The court or the board of mental illness may exclude any person not necessary for the conduct of the proceedings from the hearings, except any person requested to be present by the patient. Source: SL 1989, ch 237, §6; SL 1991, ch 220, §213; SDCL §27A-12-11.8; SL 2012, ch 149, §39.
SD Codified L § 27A-12-3.21 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-3.21 - Experimental research and hazardous procedure to be approved by secretary of social services.

27A-12-3.21. Experimental research and hazardous procedure to be approved by secretary of social services.No person may be the subject of any experimental research or hazardous procedure unless the research or procedure is approved and conducted in the manner prescribed by the secretary of social services. Source: SL 1975, ch 181, §21; SDCL Supp, §27-7-55; SL 1989, ch 21, §94; SL 1991, ch 220, §219; SDCL Supp, §27A-12-21; SL 2012, ch 149, §41.
SD Codified L § 27A-12-3.22 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-3.22 - Psychosurgery, aversive stimuli, and substantial deprivations prohibited.

27A-12-3.22. Psychosurgery, aversive stimuli, and substantial deprivations prohibited.No person may be administered or subjected to psychosurgery, aversive stimuli, or substantial deprivations. Aversive stimuli shall include anything which, because it is believed to be unreasonably unpleasant, uncomfortable, or distasteful to the person, is administered or done to the person for the purpose of reducing the frequency of a behavior but does not include restrictive treatment procedures implemented in accordance with §27A-12-6.1. Substantial deprivations include the withdrawal or withholding of basic necessities or comforts which is intended to subject the person to significant discomfort, inconvenience, or unpleasantness. Source: SL 1991, ch 220, §220.
SD Codified L § 27A-12-6.1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-6.1 - Restrictive treatment procedures--Documentation--Prior approval-- Limitation.

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.
SD Codified L § 27A-12-6.2 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-6.2 - Seclusion or restraint--Clinical justification required--Rationale--Appropriate manner.

27A-12-6.2. Seclusion or restraint--Clinical justification required--Rationale--Appropriate manner.The use of seclusion or restraint requires clinical justification and shall be employed only to prevent immediate harm to the person or others, or if less restrictive means of restraint are not feasible. Seclusion or restraint may not be employed as punishment or for the convenience of staff. Seclusion or restraint may be authorized only by a qualified mental health professional, physician's assistant, or certified nurse practitioner.The rationale for the use of seclusion or restraint shall address the inadequacy of less restrictive intervention techniques. A personal clinical assessment of the person shall be conducted and clinical justification for the use of seclusion and restraint shall be documented in the person's records when the procedure is implemented. A report shall be prepared and included in the person's record. The implementation of seclusion or restraint may not exceed one hour, at which time an order from a qualified mental health professional, physician's assistant or certified nurse practitioner is required if seclusion or restraint is to be continued. The order shall be entered in the person's records as soon as possible, but not more than twenty-four hours after implementation of the order. Each written order for seclusion or restraint shall be time-limited and shall not exceed twenty-four hours.Seclusion or restraint may not be used in a manner that causes undue physical discomfort, harm, or pain to the person. Appropriate attention shall be paid every fifteen minutes to a person in seclusion or restraint, especially in regard to regular meals, bathing, and the use of the toilet, unless more frequent attention is warranted. There shall be documentation in the person's record that such attention was given to the person. Source: SL 1975, ch 181, §20; SDCL Supp, §27-7-35; SL 1985, ch 219, §1; SL 1987, ch 198, §19; SL 1991, ch 220, §224; SDCL Supp, §27A-12-6; SL 2017, ch 171, §50.
SD Codified L § 27A-12-25 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-25 - Individual records required--Contents--Confidentiality.

27A-12-25. Individual records required--Contents--Confidentiality.A complete statistical and medical record shall be kept current for each person receiving mental health services, or being otherwise detained under this title. The record shall include information pertinent to the services provided to the person, pertinent to the legal status of the recipient, required by this title or other provision of law, and required by rules or policies. The material in the record shall be confidential in accordance with the provisions of this title. Source: SL 1975, ch 181, §9; SDCL Supp, §27-7-58; SL 1991, ch 220, §§225, 226.
SD Codified L § 27A-12-25.1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-25.1 - Information closed to public inspection--Sealed upon termination of proceedings.

27A-12-25.1. Information closed to public inspection--Sealed upon termination of proceedings.Any information acquired by a peace officer pursuant to his authority under this title regarding any person subject to any proceedings under this title shall not be open to public inspection, and any records regarding such person shall be sealed upon the termination of proceedings for which the information was acquired, and shall be opened only by order of the circuit court. Source: SL 1991, ch 220, §227.
SD Codified L § 27A-12-26 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-26 - Confidentiality of information acquired in course of providing mental health services.

27A-12-26. Confidentiality of information acquired in course of providing mental health services.Information in the record of a person, and other information acquired in the course of providing mental health services to a person, shall be kept confidential and are not open to public inspection. The information may be disclosed outside the center, department, mental health program, or inpatient facility, whichever is the holder of the record, only if the holder of the records and the person, his parents if he is a minor or his guardian, consent or, in the absence of such consent, in the circumstances and under the conditions set forth in §§27A-12-25 to 27A-12-32, inclusive, and in conformity with federal law. Source: SL 1975, ch 181, §11; SDCL Supp, §27-7-59; SL 1991, ch 220, §§228, 229; SL 1993, ch 213, §126.