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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 27A-1-19: Notice to caregiver of resident's discharge or transfer--Exercise of professional judgment not restricted.

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Where this section sits in the code
  1. TITLE 27A. MENTALLY ILL PERSONS
  2. CHAPTER 27A-1. DEFINITIONS AND GENERAL PROVISIONS

A treatment facility shall provide reasonable notice to a caregiver designated under § 27A-1-18 of the resident's discharge or transfer to a different treatment facility prior to the resident's discharge or transfer. Prior to a resident's discharge from a treatment facility, the treatment facility shall consult with the resident and the caregiver designated under § 27A-1-18 regarding any after-discharge plan, including a description of the resident's aftercare plan developed under § 27A-12-3.7. A treatment facility may not be held liable in any civil action for failure to provide notice under this section.

Nothing in this section prohibits a treatment facility, in the exercise of professional judgment and its experience with common practice to make reasonable inferences of the resident's best interests, from:

(1) Determining not to disclose any information related to the resident to a caregiver designated under § 27A-1-18; and

(2) Disclosing information related to the resident to a caregiver of the treatment facility's choice.

Source: SL 2019, ch 126, § 2.

Collected 2026-09-03T15:18:57Z. Source file · JSON

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