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CHAPTER 27B-1

DEFINITIONS AND GENERAL PROVISIONS

27B-1-1 to 27B-1-13. Repealed.
27B-1-14      Purpose.
27B-1-15      Administrative functions of department.
27B-1-16      Use of other boards or councils.
27B-1-17      Definitions.
27B-1-18      Developmental disability defined.
27B-1-18.1      Intellectual disability defined.
27B-1-19      Drug screening policy for community support providers.


     27B-1-1 to 27B-1-13.   Repealed by SL 2000, ch 131, § 1


     27B-1-14.   Purpose. The purposes of this title are to enhance environments and provide supports to enable persons with developmental disabilities to achieve and maintain physical well-being, personal and professional satisfaction, participation as community members, and safety from abuse, neglect, and exploitation; and to promote and safeguard the human dignity, constitutional and statutory rights, social well-being, and general welfare of all persons with developmental disabilities in the state.

Source: SL 2000, ch 131, § 2.


     27B-1-15.   Administrative functions of department. The Department of Human Services shall develop, adopt, approve, coordinate, monitor, evaluate, and administer state and federally funded services for persons with developmental disabilities and their families within South Dakota in cooperation with all governmental and private resources and organizations concerned with developmental disabilities.
     From existing department funds or special funds appropriated by the Legislature, the department shall:
             (1)      Carry out all functions and duties required by statute through collaboration and consultation with persons with developmental disabilities, their families, guardians, community resources, organizations, and people who provide services throughout the state;
             (2)      Develop and maintain a statewide system of community-based services that reflect the choices and needs of persons with developmental disabilities and their families;
             (3)      Facilitate or provide technical assistance to community service providers in planning, developing, and implementing services and supports for persons with developmental disabilities;
             (4)      Cooperate with federal agencies in the administration of the federal statutes and acts relating to developmental disabilities programs, accept the benefits of such federal statutes and acts subject to chapter 4-8, and comply with the requirements thereof;
             (5)      Conform the state plans to the federal requirements and submit them to the federal agencies; and
             (6)      Maintain a data collection system on the prevalence of developmental disabilities, including autism, based on the needs of persons with developmental disabilities in the current service delivery system.

Source: SL 2000, ch 131, § 3.


     27B-1-16.   Use of other boards or councils. The Department of Human Services may establish and use state, regional, or local boards or councils to assist in the planning and implementation of community services.

Source: SL 2000, ch 131, § 4.


     27B-1-17.   Definitions. Terms used in this title mean:
             (1)      "Aversive intervention technique," the application, contingent upon the exhibition of a maladaptive behavior, of extremely unpleasant, startling, or painful stimuli that have a potentially noxious effect;
             (2)      "Behavior intervention program," a written set of instructions for changing or modifying the behavior of a person with a developmental disability that specifies behavior objectives for completion, procedures to implement behavior objectives, and data collection procedures and is written to increase desirable behaviors or decrease undesirable behaviors;
             (3)      "Community services provider," any person or entity, whether for-profit or not-for-profit, which receives compensation for providing services to persons with developmental disabilities;
             (4)      "Community support provider," any nonprofit facility that is certified by the department to provide prevocational or vocational training, residential training, and other supports and services as needed by persons with developmental disabilities;
             (5)      "Danger to others," behavior which supports a reasonable expectation that the person will inflict serious physical injury upon another person in the very near future. Such behavior shall be evidenced by recent acts which constitute a danger of serious physical injury to another person. Such acts may include a recently expressed threat if the threat is such that, if considering its context or person's recent previous acts, it is substantially supportive of an expectation that the threat will be carried out;
             (6)      "Danger to self," recent behavior or related physical conditions which show there is a danger of serious personal harm in the very near future as evidenced by an inability to provide for some basic human needs such as food, clothing, shelter, physical health, or personal safety;
             (7)      "Department," the Department of Human Services;
             (8)      "Destructive behavior," behavior that presents a danger to self or a danger to others;
             (9)      "Director," the director of the South Dakota Developmental Center or a community service provider;
             (10)      "Facility," the South Dakota Developmental Center in Redfield, South Dakota;
             (11)      "Informed consent," written consent voluntarily, knowingly, and competently given without any element of force, fraud, deceit, duress, threat, or other form of coercion, after explanation of all information that a reasonable person would consider significant to the decision in a manner reasonably comprehensible to general lay understanding;
             (12)      "Least restrictive," an intervention in the life of a person with a developmental disability that is the least intrusive and disruptive to the person's life and represents the least departure from normal patterns of living that can be effective in meeting the person's developmental needs;
             (13)      "PASARR" or "Preadmission Screening/Annual Resident Review," a federally mandated review of the application to a skilled nursing facility by a person with a known or suspected mental illness or developmental disability, or both, in order to determine if the skilled nursing facility or another community service provider can appropriately serve the person's needs;
             (14)      "Qualified developmental disabilities professional," any person with at least one year of experience working directly with individuals with intellectual disabilities or other developmental disabilities and is either a doctor of medicine or osteopathy, a registered nurse, or a person who holds at least a bachelor's degree in a professional category.

Source: SL 2000, ch 131, § 5; SL 2009, ch 138, § 1; SL 2013, ch 125, § 8.


     27B-1-18.   Developmental disability defined. A developmental disability is any severe, chronic disability of a person that:
             (1)      Is attributable to a mental or physical impairment or combination of mental and physical impairments;
             (2)      Is manifested before the person attains age twenty-two;
             (3)      Is likely to continue indefinitely;
             (4)      Results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency; and
             (5)      Reflects the person's need for an array of generic services, met through a system of individualized planning and supports over an extended time, including those of a life-long duration.

Source: SL 2000, ch 131, § 6.


     27B-1-18.1.   Intellectual disability defined. For purposes of §§ 10-62-1, 10-62-2, 13-32-13, 22-46-1, 26-7A-85, 27A-1-1, 27A-15-1.1, 27B-1-17, 27B-7-30, 27B-7-38, 27B-8-41, 28-6-23, 28-6-24, 28-6-25, 28-13-23, 34-24-16, 58-17-30.1, and 58-18-31 and any terminology changed pursuant to the provisions of those sections, "intellectual disability," or a variation of this term, means a condition previously referred to as "mental retardation," or a variation of this term, and has the same meaning with respect to programs, qualifications for programs, rights or responsibilities regarding persons with such a condition.

Source: SL 2013, ch 125, § 20.


     27B-1-19.   Drug screening policy for community support providers. Any community support provider shall have a drug screening policy for applicants seeking employment whose primary duty includes patient or resident care or supervision. Any community support provider shall have a drug screening policy for employees whose primary duty includes patient or resident care or supervision, based upon reasonable suspicion of illegal drug use by such employee.

Source: SL 2005, ch 21, § 6; SL 2009, ch 138, § 2.


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