2021 South Dakota Codified Laws
Title 27A - Mentally Ill Persons
Chapter 01 - Definitions And General Provisions
Section 27A-1-19 - Notice to caregiver of resident's discharge or transfer--Exercise of professional judgment not restricted.
27A-1-19. Notice to caregiver of resident's discharge or transfer--Exercise of professional judgment not restricted.
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.
