FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the definition of an accredited prevention or treatment facility for alcohol and drug abuse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That subdivision (1) of § 34-20A-2 be amended to read as follows:

             (1)      "Accredited prevention or treatment facility," a private or public agency meeting the standards prescribed in §   34-20A-27 and listed under §   34-20A-47, or a private or public agency or facility surveyed and accredited by the Joint Commission on Accreditation of Health Care Organizations or the Commission on Accreditation of Rehabilitation Facilities under the drug and alcohol treatment standards incorporated and adopted by the division in rules promulgated pursuant to chapter 1-26, where if proof of such accreditation, with accompanying recommendations, progress reports and related correspondence are submitted to the Division of Drug and Alcohol Abuse in a timely manner;

     Section  2.  That § 34-20A-44 be amended to read as follows:
     34-20A-44.   The Division of Drug and Alcohol Abuse shall inspect accredited prevention or treatment facilities to insure compliance with this chapter. For purposes of inspection the division

shall have access to the facility and its records at reasonable times and in a reasonable manner. This section does not apply to facilities accredited pursuant to accreditation by the Joint Commission on Accreditation of Health Care Organizations or the Commission on Accreditation of Rehabilitation Facilities .
     Section  3.  That § 34-20A-44.1 be amended to read as follows:
     34-20A-44.1.   If a public or private agency or facility is considered to be an accredited prevention or treatment facility by reason of compliance with accreditation by the Joint Commission on Accreditation of Health Care Organizations or the Commission on Accreditation of Rehabilitation Facilities , as described in §   34-20A-2, the Division of Alcohol and Drug Abuse shall retain retains the right of access to all facility premises and relevant records to monitor compliance or investigate complaints brought against the facility.