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.
