South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:62 - Mental Health
Chapter 67:62:07 - Clients' rights
Section 67:62:07:02 - Guaranteed rights
Current through Register Vol. 51, page 43, September 23, 2024
A client has rights guaranteed under the constitution and laws of the United States and the state of South Dakota, including:
(1) The right to refuse prohibited treatment, as provided in SDCL 27A-12-3.22;
(2) The right to be free of any exploitation or abuse;
(3) The right to seek and have access to legal counsel;
(4) The right to have access to an advocate, as defined in subdivision 67:62:01:01(2), or an employee of the state's designated protection and advocacy system;
(5) The right to confidentiality of all records, correspondence, and information relating to assessment, diagnosis, and treatment, pursuant to SDCL 27A-12-26, and the security and privacy the Health Insurance Portability and Accountability Act, as set forth in 45 C.F.R., Parts 160 and 164, in effect on September 26, 2016; and
(6) The right to participate in decision making related to treatment, to the greatest extent possible.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-5-1(4), 27A-12-3.22, 27A-12-26.
