An Act to provide immunity for qualified mental health professionals at appropriate regional facilities.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 27A-10-23 be AMENDED:

27A-10-23. Immunity from liability--Mobile crisis referral--Exception.

Any law enforcement officer or authority, or any qualified mental health professional in a clinic or, hospital, or appropriate regional facility, who in good faith transferred direct supervision of a person to a mobile crisis team or a crisis intervention team certified law enforcement officer, is immune from any civil liability for such referral. Any member of a mobile crisis team or a crisis intervention team certified law enforcement officer, whose actions, in the supervision, examination, or placement of a person in compliance with this section and §§ 27A-10-20 to 27A-10-22, inclusive, are taken in good faith, are immune from any civil liability for the referral, supervision, examination, transfer, or placement of the person. The immunity from civil liability under this section and §§ 27A-10-20 to 27A-10-22, inclusive, does not apply if injury results from gross negligence or willful or wanton misconduct. Any law enforcement officer or authority who acts in compliance with subsection 27A-10-21(2)(b) and § 34-20A-57 is not criminally or civilly liable for the officer's or authority's actions.