AN ACT
ENTITLED, An Act to remove an outdated reference from the definition of an accredited prevention
or treatment facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-20A-2 be amended to read:
34-20A-2. Terms as used in this chapter mean:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-20A-2 be amended to read:
34-20A-2. Terms as used in this chapter mean:
(1) "Accredited prevention or treatment facility," a private or public agency meeting the
standards prescribed in § 34-20A-27 or a private or public agency or facility surveyed and
accredited by the Joint Commission; an Indian Health Service's quality assurance review
under the Indian Health Service Manual, Professional Standards-Alcohol/Substance
Abuse; or the Commission on Accreditation of Rehabilitation Facilities; or the Council
on Accreditation; under the drug and alcohol treatment standards incorporated and
adopted by the division in rules promulgated pursuant to chapter 1-26, if proof of the
accreditation, with accompanying recommendations, progress reports and related
correspondence are submitted to the Division of Behavioral Health in a timely manner;
(2) "Addiction counselor," a person licensed or certified as an addiction counselor by the
South Dakota Board of Addiction and Prevention Professionals;
(3) "Alcoholic," a person who habitually lacks self-control as to the use of alcoholic
beverages, or uses alcoholic beverages to the extent that the person's health is
substantially impaired or endangered or the person's social or economic function is
substantially disrupted;
(4) "Department," the Department of Social Services;
(5) "Designated prevention or treatment facility," an accredited agency operating under the
direction and control of the state or providing services under this chapter through a
contract with the division or treatment facilities operated by the federal government which
may be designated by the division without accreditation by the state;
(6) "Division," the Division of Behavioral Health within the department;
(7) "Drug abuser," a person who habitually lacks self-control as to the use of controlled drugs
or substances as defined in § 34-20B-3 to the extent that the person's health is
substantially impaired or endangered or that the person's social or economic function is
substantially disrupted;
(8) "Incapacitated by alcohol or other drugs," that a person, as a result of the use of alcohol
or other drugs, is unconscious or the person's judgment is otherwise so impaired that the
person is incapable of realizing and making a rational decision with respect to the person's
need for treatment;
(9) "Incompetent person," a person who has been adjudged incompetent by the circuit court;
(10) "Intoxicated person," a person who demonstrates diminished mental or physical capacity
as a result of the use of alcohol or other drugs;
(11) "Prevention," purposeful activities designed to promote personal growth of a person and
strengthen the aspects of the community environment which are supportive to the person
in order to preclude, prevent, or impede the development of alcohol or other drug misuse
and abuse;
(12) "Secretary," the secretary of the Department of Social Services;
(13) "Treatment," the broad range of emergency, outpatient, intermediate, and inpatient
services and care, including diagnostic evaluation, which may be extended to a person
experiencing problems as a result of the use of alcohol or other drugs.
An Act to remove an outdated reference from the definition of an accredited prevention or treatment facility.
An Act to remove an outdated reference from the definition of an accredited prevention or treatment facility.
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I certify that the attached Act originated in the
SENATE as Bill No. 45
____________________________
Secretary of the Senate ____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
____________________________
Attest:
____________________________
Chief Clerk
Senate Bill No. 45 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
