CHAPTER 34-20A
TREATMENT AND PREVENTION OF ALCOHOL AND DRUG ABUSE
34-20A-1 34-20A-1. Repealed by SL 1985, ch 278, § 1.
34-20A-2 Definitions.
34-20A-2.1 Accredited facility deemed approved.
34-20A-2.2 Next of kin--Order of priority.
34-20A-3 34-20A-3. Superseded.
34-20A-3.1 34-20A-3.1. Repealed by SL 2016, ch 15, § 11.
34-20A-3.2 Repealed by SL 2012, ch 150, § 22.
34-20A-4 34-20A-4, 34-20A-5. Superseded.
34-20A-6 Repealed by SL 2012, ch 150, § 23.
34-20A-7 34-20A-7, 34-20A-8. Repealed by SL 1985, ch 278, §§ 5, 6.
34-20A-9 Repealed by SL 2012, ch 150, §§ 24, 25.
34-20A-11 34-20A-11. Repealed by SL 1985, ch 278, § 9.
34-20A-12 Repealed by SL 2012, ch 150, §§ 26 to 28.
34-20A-15 34-20A-15. Repealed by SL 1985, ch 278, § 13.
34-20A-16 Repealed by SL 2012, ch 150, §§ 29, 30.
34-20A-18 Solicitation and acceptance of gifts, grants, and services.
34-20A-19 Repealed by SL 2012, ch 150, §§ 31 to 35.
34-20A-24 34-20A-24. Repealed by SL 1985, ch 278, § 21.
34-20A-25 Repealed by SL 2012, ch 150, § 36.
34-20A-26 34-20A-26. Repealed by SL 1985, ch 278, § 23.
34-20A-27 Standards for accredited prevention or treatment facilities--Fees.
34-20A-28 34-20A-28 to 34-20A-31. Repealed by SL 1985, ch 278, §§ 25 to 28.
34-20A-32 Repealed by SL 2012, ch 150, § 37.
34-20A-33 34-20A-33. Repealed by SL 1985, ch 278, § 30.
34-20A-34 Real property acquisition and provision of facilities.
34-20A-35 Repealed by SL 2012, ch 150, §§ 38 to 40.
34-20A-38 34-20A-38, 34-20A-39. Repealed by SL 1985, ch 278, §§ 35, 36.
34-20A-40 Repealed.
34-20A-41 34-20A-41 to 34-20A-43. Repealed by SL 1985, ch 278, §§ 37 to 39.
34-20A-44 Inspection of facilities.
34-20A-44.1 Access to public and private prevention and treatment facilities and records.
34-20A-45 34-20A-45. Repealed by SL 1985, ch 278, § 41.
34-20A-46 Repealed by SL 2012, ch 150, §§ 41 to 43.
34-20A-49 34-20A-49. Repealed by SL 1985, ch 278, § 45.
34-20A-50 Application for voluntary treatment by minor or incompetent.
34-20A-51 Determination of admission for treatment--Referral to other facilities.
34-20A-52 34-20A-52, 34-20A-53. Repealed by SL 1985, ch 278, §§ 48, 49.
34-20A-54 34-20A-54. Repealed by SL 1976, ch 217, § 4.
34-20A-55 Protective custody of intoxicated or incapacitated person--Emergency detainment.
34-20A-56 Protective custody procedure--Duty of detaining officer--No arrest or record.
34-20A-57 Law enforcement authorities not criminally or civilly liable for protective custody actions.
34-20A-58 34-20A-58 to 34-20A-62. Repealed by SL 1985, ch 277, §§ 9 to 13.
34-20A-63 Emergency detainment--Grounds.
34-20A-64 Written application--Contents.
34-20A-64.1 Confinement of disruptive detainee.
34-20A-65 Administrator to observe--Refusal of application--Disposition of detained person.
34-20A-66 Approval of application--Intake procedure--Retention or transfer.
34-20A-66.1 Payment for treatment under emergency detainment or protective custody.
34-20A-67 Person to receive copy of application--Right to counsel.
34-20A-68 Emergency detainment--Discharge.
34-20A-69 Emergency detainment--Maximum period--Limited extension if involuntary commitment petition filed.
34-20A-69.1 Immunity of facility operators for acts in compliance with chapter.
34-20A-70 Petition for involuntary commitment--Appointment of attorney for applicant--Procedure--Grounds.
34-20A-70.1 Duties and compensation of attorney appointed to represent petitioners--Reimbursement of county.
34-20A-70.2 Documents to be sealed--State access to documents--Information not to be used in certain prosecutions.
34-20A-70.3 Request for order of examination by court-appointed physician or addiction counselor--Order--Notice.
34-20A-71 34-20A-71. Repealed by SL 1986, ch 283, § 2.
34-20A-72 Certificate of physician or addiction counselor--Refusal of examination--Employing facility ineligible to provide treatment--Exception.
34-20A-73 Hearing on petition--Service--Right to be represented.
34-20A-74 Presence in court of person or guardian ad litem--Examination by court.
34-20A-75 Testimony presented at hearing.
34-20A-76 Court-appointed physician or addiction counselor--Refusal of examination--Temporary commitment for examination.
34-20A-76.1 Compensation of court-appointed physician and counselor by county--Reimbursement.
34-20A-77 Order of involuntary commitment--Adequacy of treatment.
34-20A-77.1 Provision for committed person who cannot be admitted at once to facility--Maximum period of detention--Payment of costs.
34-20A-78 Transfer to another facility--Reports--Notice.
34-20A-79 Refusal of commitment by facility.
34-20A-80 Discharge before end of commitment period.
34-20A-81 Maximum period of involuntary commitment--Discharge or recommitment.
34-20A-82 Discharge from recommitment--Second period of recommitment.
34-20A-83 Number of recommitment orders permitted.
34-20A-84 Hearing on petition for recommitment--Service and notice--Procedure.
34-20A-85 Rights to contest proceedings and to assistance of counsel--Court to require counsel if necessary.
34-20A-85.1 Compensation of attorney appointed to represent person being committed--Reimbursement of county.
34-20A-86 Right to examination by physician and counselor of choice--Employment by court when necessary.
34-20A-87 Habeas corpus available at any time.
34-20A-88 34-20A-88. Repealed by SL 1985, ch 277, § 35.
34-20A-89 Payment for treatment under involuntary commitment.
34-20A-90 Repealed by SL 2012, ch 150, §§ 44, 45.
34-20A-92 34-20A-92. Repealed by SL 1982, ch 16, § 26.
34-20A-93 34-20A-93, 34-20A-94. Repealed by SL 2014, ch 132, §§ 5, 6.
34-20A-95 Repealed by SL 2012, ch 150, §§ 46, 47.
34-20A-97 34-20A-97. Repealed by SL 1985, ch 277, § 38.
34-20A-98 Possession and administration of opioid antagonists by first responders.
34-20A-99 Opioid antagonist defined.
34-20A-100 First responder defined.
34-20A-101 Training of first responders.
34-20A-102 Promulgation of rules for training, possession, and administration of opioid antagonists.
34-20A-103 Immunity from civil liability for injuries or death associated with administration of opioid antagonists.
34-20A-104 Possession and administration of opioid antagonists by person close to person at risk of overdose.
34-20A-105 Prescription for opioid antagonist.
34-20A-105.1 Opioid antagonist--Employer--Dispense--Administer--Immunity.
34-20A-106 Opioid antagonist--Professional prescribing--Immunity.
34-20A-107 Prescription deemed issued for legitimate medical purpose.
34-20A-108 Duty or standard of care regarding opioid antagonists unaffected.
34-20A-109 Definitions related to reporting person in need of emergency assistance for drug-related overdose.
34-20A-110 Immunity from arrest or prosecution for reporting person in need of emergency medical assistance for drug-related overdose.
34-20A-111 Immunity from arrest or prosecution for reporting one's own need for emergency medical assistance for drug-related overdose.
34-20A-112 Providing first aid or other medical assistance as mitigating factor--Limitations on immunity.
34-20A-113 One-time immunity.
34-20A-2. Definitions.
Terms 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 department 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 department 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) "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;
(6) "Incapacitated by the effects of alcohol or 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;
(7) "Incompetent person," a person who has been adjudged incompetent by the circuit court;
(8) "Intoxicated person," a person who demonstrates diminished mental or physical capacity while under the influence of alcohol or other drugs;
(9) "Prevention," purposeful activities designed to promote personal growth of a person and strengthen the aspects of the community environment that are supportive to the person in order to preclude, prevent, or impede the development of alcohol or other drug misuse and abuse; and
(10) "Treatment," the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, that may be extended to a person experiencing problems as a result of the use of alcohol or other drugs.
Source: SL 1974, ch 240, § 2; SL 1981, ch 375, §§ 18, 19; SL 1985, ch 278, § 2; SL 1989, ch 21, § 154; SL 1989, ch 292, § 1; SL 1999, ch 173, § 1; SL 2004, ch 253, § 29; SL 2009, ch 166, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 70, 163, eff. Apr. 12, 2011; SL 2011, ch 159, § 1; SL 2016, ch 15, § 10; SL 2017, ch 153, § 1; SL 2022, ch 108, § 1; SL 2023, ch 94, § 6; SL 2023, ch 117, § 1.
34-20A-2.1. Accredited facility deemed approved.
An accredited prevention or treatment facility as defined in § 34-20A-2 is deemed to be approved by the state for purposes of § 58-18-7.1.
Source: SL 1985, ch 278, § 58; SL 1989, ch 292, § 3.
34-20A-2.2. Next of kin--Order of priority.
For the purposes of this chapter, the term, next of kin, means, in order of priority stated, the person's:
(1) Spouse, if not legally separated;
(2) Adult son or daughter;
(3) Parent; and
(4) Adult brother or sister.
Source: SL 2023, ch 117, § 2.
34-20A-3.2. Repealed by SL 2012, ch 150, § 22.
34-20A-6. Repealed by SL 2012, ch 150, § 23.
34-20A-9, 34-20A-10. Repealed by SL 2012, ch 150, §§ 24, 25.
34-20A-12 to 34-20A-14. Repealed by SL 2012, ch 150, §§ 26 to 28.
34-20A-16, 34-20A-17. Repealed by SL 2012, ch 150, §§ 29, 30.
34-20A-18. Solicitation and acceptance of gifts, grants, and services.
The department may solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government, the state or any political subdivision thereof, or any private source, and may do all things necessary to cooperate with the federal government or any of its agencies in applying for any grant.
Source: SL 1974, ch 240, § 4 (3); SL 2023, ch 94, § 7.
34-20A-19 to 34-20A-23. Repealed by SL 2012, ch 150, §§ 31 to 35.
34-20A-25. Repealed by SL 2012, ch 150, § 36.
34-20A-27. Standards for accredited prevention or treatment facilities--Fees.
The department shall establish reasonable standards and requirements for accredited prevention or treatment facilities. The department may fix the fees to be charged by the department for the required inspections. The department shall promulgate rules, pursuant to chapter 1-26, in regard to the following standards and requirements:
(1) Management and administration, including fiscal control, program planning, and evaluation;
(2) Physical facilities and quality control;
(3) Services administration, including client rights, confidentiality, treatment planning, and statistical reporting;
(4) Service components, including inpatient and residential, outpatient treatment, social detoxification, transitional care, custodial care, counseling and support services, and prevention services;
(5) Staff qualifications; and
(6) Other standards as are necessary for the safety and health of clients and patients.
Source: SL 1974, ch 240, § 7 (a); SL 1985, ch 278, § 24; SL 2011, ch 1 (Ex. Ord. 11-1), § 70, eff. Apr. 12, 2011; SL 2016, ch 15, § 12; SL 2023, ch 94, § 8.
34-20A-32. Repealed by SL 2012, ch 150, § 37.
34-20A-34. Real property acquisition and provision of facilities.
The department may acquire, hold, or dispose of real property or any interest in real property, and construct, lease, or otherwise provide facilities for the prevention of alcohol and drug abuse and facilities for the treatment of those persons suffering from alcohol and drug abuse, and for intoxicated persons.
Source: SL 1974, ch 240, § 4 (8); SL 1985, ch 278, § 31; SL 2011, ch 1 (Ex. Ord. 11-1), § 70, eff. Apr. 12, 2011; SL 2016, ch 15, § 13; SL 2023, ch 94, § 9.
34-20A-35 to 34-20A-37. Repealed by SL 2012, ch 150, §§ 38 to 40.
34-20A-44. Inspection of facilities.
The department shall inspect accredited prevention or treatment facilities to ensure compliance with this chapter. For purposes of inspection, the department 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 by the Joint Commission, the Commission on Accreditation of Rehabilitation Facilities, an Indian Health Service's quality assurance review under the Indian Health Service Manual, Professional Standards-Alcohol/Substance Abuse, or the Council on Accreditation.
Source: SL 1974, ch 240, § 7 (b); SL 1985, ch 278, § 40; SL 1989, ch 292, § 4; SL 1999, ch 173, § 2; SL 2009, ch 166, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 70, eff. Apr. 12, 2011; SL 2011, ch 159, § 2; SL 2016, ch 15, § 14; SL 2023, ch 94, § 10.
34-20A-44.1. Access to public and private prevention and treatment facilities and records.
The department retains the right of access to all facility premises and relevant records to monitor compliance or investigate complaints brought against an accredited prevention or treatment facility that is not required to be inspected by the department under § 34-20A-44.
Source: SL 1985, ch 278, § 56; SL 1989, ch 292, § 5; SL 1999, ch 173, § 3; SL 2009, ch 166, § 3; SL 2011, ch 1 (Ex. Ord. 11-1), § 70, eff. Apr. 12, 2011; SL 2011, ch 159, § 3; SL 2016, ch 15, § 15; SL 2023, ch 94, § 11.
34-20A-46 to 34-20A-48. Repealed by SL 2012, ch 150, §§ 41 to 43.
34-20A-50. Application for voluntary treatment by minor or incompetent.
If a person suffering from alcohol or drug abuse is a minor or an incompetent person, he, a parent, a guardian, or other legal representative may make application to an accredited facility for voluntary treatment.
Source: SL 1974, ch 240, § 9 (a); SL 1985, ch 278, § 46; SL 1993, ch 213, § 224.
34-20A-51. Determination of admission for treatment--Referral to other facilities.
Subject to rules adopted by the department, the administrator in charge of an accredited treatment facility may determine who is admitted for treatment. If a person is refused admission to the facility, the administrator, subject to rules adopted by the department, shall refer the person to another treatment facility for treatment if possible and appropriate.
Source: SL 1974, ch 240, § 9 (b); SL 1985, ch 278, § 47; SL 2011, ch 1 (Ex. Ord. 11-1), § 70, eff. Apr. 12, 2011; SL 2016, ch 15, § 16; SL 2023, ch 94, § 12.
34-20A-55. Protective custody of intoxicated or incapacitated person--Emergency detainment.
Any person who appears to be intoxicated or incapacitated by the effects of alcohol or drugs and is clearly dangerous to the health and safety of oneself or others may be taken into protective custody by law enforcement authorities, acting with probable cause. If the person is taken into protective custody, the person must be taken to an approved treatment facility offering detoxication services for emergency detainment. If emergency detainment is not appropriate, as determined by the administrator of the treatment facility or an authorized designee, the person may be detained as a patient in protective custody until no longer intoxicated or up to forty-eight hours after admission. If no approved treatment facility is readily available, the person must be taken to an emergency medical service or a jail, but only until the person is no longer intoxicated or incapacitated or only so long as may be necessary to prevent injury to oneself or others.
Source: SL 1974, ch 240, § 10 (a), (b); SL 1975, ch 222; SDCL Supp, § 34-20A-54; SL 1976, ch 217, § 3; SL 1983, ch 198, § 10; SL 1985, ch 277, § 7; SL 2010, ch 173, § 1; SL 2022, ch 108, § 2.
34-20A-56. Protective custody procedure--Duty of detaining officer--No arrest or record.
Any law enforcement officer, in detaining a person pursuant to § 34-20A-55 and in taking the person to an approved treatment facility for emergency detainment, is taking the person into protective custody and shall make every reasonable effort to protect the person's health and safety. In taking the person into protective custody, the detaining officer may take reasonable steps to protect the officer's person. A taking into protective custody under this section is not an arrest. No entry or other record may be made to indicate that the person has been arrested or charged with a crime.
Source: SL 1974, ch 240, § 10 (b); SL 1985, ch 277, § 8; SL 2022, ch 108, § 3.
34-20A-57. Law enforcement authorities not criminally or civilly liable for protective custody actions.
Law enforcement authorities who act in compliance with §§ 34-20A-55, 34-20A-56, and 34-20A-66 are acting in the course of their official duty and are not criminally or civilly liable therefor.
Source: SL 1974, ch 240, § 10 (g); SL 1986, ch 283, § 1; SL 2022, ch 108, § 4.
34-20A-63. Emergency detainment--Grounds.
An intoxicated person, or a person receiving treatment for withdrawal management, may be detained in an approved treatment facility for emergency treatment if the person:
(1) Has threatened, attempted, or inflicted physical harm on oneself or on another or is likely to inflict physical harm on another unless detained;
(2) Is incapacitated by the effects of alcohol or drugs; or
(3) Is pregnant and abusing alcohol or drugs.
A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.
Source: SL 1974, ch 240, § 11 (a); SL 1985, ch 277, § 14; SL 1998, ch 204, § 1; SL 2022, ch 108, § 5; SL 2023, ch 117, § 3.
34-20A-64. Written application--Contents.
Any law enforcement officer, physician, spouse, guardian, or relative of the person to be detained, or any other responsible person, may make a written application for detainment under § 34-20A-63, directed to the administrator of the approved treatment facility. The application must state the circumstances requiring emergency detainment, including the applicant's personal observations and the specific statements of others, if any, upon which the person making the application relies.
Source: SL 1974, ch 240, § 11 (b); SL 1985, ch 277, § 15; SL 2022, ch 108, § 6.
34-20A-64.1. Confinement of disruptive detainee.
If any person taken into protective custody, pursuant to § 34-20A-55, or under emergency detainment pursuant to § 34-20A-64, is disruptive beyond the ability of the facility to control the person's behavior, or leaves without staff approval, the facility administrator, or an authorized designee, shall contact law enforcement authorities who may further detain the person at whatever level of confinement is necessary to protect the detainee or others.
Source: SL 1985, ch 277, § 1; SL 2022, ch 108, § 7.
34-20A-65. Administrator to observe--Refusal of application--Disposition of detained person.
The administrator of an approved treatment facility or an authorized designee shall refuse an application if the application fails to sustain the grounds for emergency detainment set forth in § 34-20A-63. The administrator of an approved treatment facility or an authorized designee may also refuse an application if, upon personal observation, the person to be detained does not meet the grounds for emergency detainment set forth in § 34-20A-63. The person detained shall be immediately released and must be encouraged to seek voluntary treatment if appropriate, unless the person is under protective custody. In that event, the person may be detained until no longer intoxicated or up to forty-eight hours.
Source: SL 1974, ch 240, § 11 (d); SL 1985, ch 277, § 16; SL 2022, ch 108, § 8.
34-20A-66. Approval of application--Intake procedure--Retention or transfer.
Upon approval of the application by the administrator of the approved treatment facility or an authorized designee, the person shall be retained or brought to the facility by a law enforcement officer or any other interested person. A law enforcement officer must only transport the person if criteria for protective custody is met under § 34-20A-55 at the time of transport. A law enforcement officer shall notify the treatment facility if criteria for protective custody under § 34-20A-55 is not met. The person must be retained at the facility to which the person was admitted, or transferred to another appropriate treatment facility, until discharged under § 34-20A-68.
Source: SL 1974, ch 240, § 11 (c); SL 1985, ch 277, § 17; SL 2022, ch 108, § 9.
34-20A-66.1. Payment for treatment under emergency detainment or protective custody.
Payment for treatment under emergency detainment, or under protective custody pursuant to § 34-20A-55 if emergency detainment is not required, may be assessed to the individual, to a legally responsible relative or guardian, to the county of residence if indigent, or billed to the department through contract with an approved treatment facility. Any payment for emergency detainment to the Human Services Center is subject to the requirements of chapter 27A-13.
Source: SL 1985, ch 277, § 2; SL 1987, ch 254; SL 2016, ch 15, § 17; SL 2022, ch 108, § 10; SL 2023, ch 94, § 13.
34-20A-67. Person to receive copy of application--Right to counsel.
A copy of the written application for detainment and a written explanation of the person's right to counsel must be given to the person within twenty-four hours after detainment by the administrator, who shall provide a reasonable opportunity for the person to consult counsel.
Source: SL 1974, ch 240, § 11 (f); SL 1985, ch 277, § 18; SL 2022, ch 108, § 11.
34-20A-68. Emergency detainment--Discharge.
If, after the person detained under § 34-20A-63 completes treatment, the administrator or an authorized designee determines that the grounds for emergency detainment no longer exist, the facility shall discharge the person, unless a petition for involuntary commitment under § 34-20A-70 has been filed.
Source: SL 1974, ch 240, § 11 (e); SL 1985, ch 277, § 19; SL 2022, ch 108, § 12; SL 2023, ch 117, § 4.
34-20A-69. Emergency detainment--Maximum period--Limited extension if involuntary commitment petition filed.
No person detained under § 34-20A-63 may be detained in any treatment facility for more than five days, excluding Saturdays, Sundays, and legal holidays, except as follows. If a petition for involuntary commitment under § 34-20A-70 has been filed within the five days, excluding Saturdays, Sundays, and legal holidays, the administrator or authorized designee may detain the person until the petition has been heard and determined, but no longer than ten days, excluding Saturdays, Sundays, and legal holidays, after the date the petition was filed.
Source: SL 1974, ch 240, § 11 (e); SL 1985, ch 277, § 20; SL 2022, ch 108, § 13; SL 2023, ch 117, § 5.
34-20A-69.1. Immunity of facility operators for acts in compliance with chapter.
Personnel operating accredited treatment facilities who act in compliance with their duties as set forth in this chapter are not criminally or civilly liable therefor.
Source: SL 1976, ch 217, § 1; SL 1985, ch 277, § 21.
34-20A-70. Petition for involuntary commitment--Appointment of attorney for applicant--Procedure--Grounds.
A person may be committed by the circuit court upon the petition of the person's spouse or guardian, a relative, a physician, the administrator of any approved treatment facility, or any other responsible person. Any person applying for commitment shall do so to the circuit court through the clerk of courts of the county in which the person to be committed resides or is present. The circuit court judge, upon receipt of a written application prepared by the clerk of courts, shall appoint an attorney to represent the applicant. The appointed attorney shall investigate the grounds upon which the application is based and shall within five days, excluding Saturdays, Sundays, and legal holidays, submit a written report to the circuit court as to whether probable cause exists that the person subject of the petition is an alcoholic or drug abuser. All information obtained as a result of the investigation and written report shall be documented and made a part of the record of any further proceedings. The petition shall allege that the person is an alcoholic or drug abuser who habitually lacks self-control as to the use of alcoholic beverages or other drugs and:
(1) Has threatened, attempted, or inflicted physical harm on himself or herself or on another and that unless committed is likely to inflict harm on himself or herself or on another; or
(2) Is incapacitated by the effects of alcohol or drugs; or
(3) Is pregnant and abusing alcohol or drugs.
A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.
Source: SL 1974, ch 240, § 12 (a); SL 1985, ch 277, § 22; SL 1998, ch 207, § 1; SL 2023, ch 117, § 6.
34-20A-70.1. Duties and compensation of attorney appointed to represent petitioners--Reimbursement of county.
In any proceedings for involuntary commitment or detention, or any proceeding challenging such commitment or detention, the attorney appointed by the circuit court judge to represent the petitioner, shall represent the individuals or agencies petitioning for commitment or detention and defend all challenges to the commitment or detention. The appointed attorney shall be paid by the county where the hearing and commitment proceedings are taking place at a rate to be fixed by the circuit judge. The county shall be reimbursed for such expense by the petitioner, if the petitioner is a family member and is financially able to do so.
Source: SL 1985, ch 277, § 3.
34-20A-70.2. Documents to be sealed--State access to documents--Information not to be used in certain prosecutions.
Any application for emergency detainment, petition for commitment, application for commitment, order for a court-appointed examination, or written report to the circuit court must be sealed and may not be used for the purpose of enforcing the provisions of chapter 22-42 and chapter 22-42A against the person being committed. Any law enforcement official or prosecuting attorney may petition the circuit court to examine these documents, and the court may allow such examination upon a showing that the purpose of the examination is not to investigate a violation of chapter 22-42 or chapter 22-42A against the person being committed. Any information obtained from the examination of the application for emergency detainment, petition for commitment, application for commitment, order for a court-appointed examination, or written report to the circuit court may not be used against the person being committed in any prosecution for a violation of chapter 22-42 or chapter 22-42A.
Source: SL 2003, ch 182, § 1; SL 2023, ch 117, § 7.
34-20A-70.3. Request for order of examination by court-appointed physician or addiction counselor--Order--Notice.
If the person whose commitment is sought is not being detained in a facility under § 34-20A-63, a request for an examination of the person by a licensed physician or addiction counselor must be filed with the court. The court may order an examination of the person by a licensed physician or addiction counselor and shall provide notice to the person whose commitment is sought of the request for an examination.
Source: SL 2023, ch 117, § 8.
34-20A-72. Certificate of physician or addiction counselor--Refusal of examination--Employing facility ineligible to provide treatment--Exception.
A petition filed under § 34-20A-70 for a person who is detained under § 34-20A-63 must be accompanied by a certificate of a licensed physician or an addiction counselor who has examined the person within five days before submission of the petition, unless the person has refused to submit to an examination. If the person has refused to submit to an examination, the fact of refusal must be alleged in the petition. If the person refuses the release of examination or certification information, the circuit court shall order the release of the information if good cause is shown.
The certificate must set forth the physician's or the addiction counselor's findings in support of the allegations of the petition and a level of care recommendation for substance use treatment.
An admitting facility may not provide treatment to the person whose commitment is sought if the physician or addiction counselor who provides a certificate under this section is employed by the admitting facility, unless the person to be committed requests to receive treatment at the facility.
Source: SL 1974, ch 240, § 12 (a); SL 1985, ch 277, § 23; SL 2012, ch 182, § 1; SL 2016, ch 15, § 18; SL 2023, ch 117, § 9.
34-20A-73. Hearing on petition--Service--Right to be represented.
Upon filing of a petition under § 34-20A-70, the court shall fix a date for a hearing no later than ten days, excluding Saturdays, Sundays, and legal holidays, after the date the petition was filed. A copy of the petition and of the notice of the hearing, including the date fixed by the court, must be personally served on the person whose commitment is sought and served by mail on the petitioner, the person's next of kin other than the petitioner, a parent or guardian if a minor, the administrator in charge of the approved treatment facility to which the person has been under emergency detainment, if applicable, and any other person the court believes advisable.
Upon service of the petition, the person whose commitment is sought must be notified, in writing, of the person's right to be represented by counsel at every stage of any proceedings relating to commitment, and that if the person is unable to obtain counsel, the court may appoint one to the person.
Source: SL 1974, ch 240, § 12 (b); SL 1985, ch 277, § 24; SL 1993, ch 213, § 225; SL 2022, ch 108, § 14; SL 2023, ch 117, § 10.
34-20A-74. Presence in court of person or guardian ad litem--Examination by court.
The person shall be present unless the court believes that his presence is likely to be injurious to him; in this event the court shall appoint a guardian ad litem to represent him throughout the proceeding. The court shall examine the person in open court, or if advisable, shall examine the person out of court.
Source: SL 1974, ch 240, § 12 (c).
34-20A-75. Testimony presented at hearing.
At the hearing the court shall hear all relevant testimony, including, if possible, the testimony of at least one licensed physician or one addiction counselor who has examined the person whose commitment is sought.
Source: SL 1974, ch 240, § 12 (c); SL 1985, ch 277, § 25; SL 2016, ch 15, § 19; SL 2023, ch 117, § 11.
34-20A-76. Court-appointed physician or addiction counselor--Refusal of examination--Temporary commitment for examination.
If the person has refused to be examined by a licensed physician or an addiction counselor, the person shall be given an opportunity to be examined by a court-appointed licensed physician or addiction counselor. If the person refuses, or there is sufficient evidence to believe that the allegations of the petition are true, or both, or if the court believes that more evidence is necessary, the court may order a temporary commitment and transportation by a law enforcement officer to an approved treatment facility for a period of not more than five days for purposes of a diagnostic examination.
Source: SL 1974, ch 240, § 12 (c); SL 1985, ch 277, § 26; SL 2012, ch 182, § 2; SL 2016, ch 15, § 20; SL 2022, ch 108, § 15.
34-20A-76.1. Compensation of court-appointed physician and counselor by county--Reimbursement.
A licensed physician or addiction counselor appointed by the court to examine and assess a person for the purposes of involuntary commitment shall be paid by the county where the hearing and commitment proceedings take place. The physician or addiction counselor shall be compensated for such services in an amount fixed by the circuit judge. The county shall be reimbursed for such expense by the person if the person is financially able to do so. If the person is not financially able to pay such expense, the cost of physician or addiction counselor examination shall be paid to the county by the person legally bound for the support of such person if financially able to do so.
Source: SL 1985, ch 277, § 4; SL 2016, ch 15, § 21.
34-20A-77. Order of involuntary commitment--Adequacy of treatment.
If after hearing all relevant evidence, including the results of any diagnostic examination, the court finds that grounds for involuntary commitment have been established by clear and convincing proof, it shall make an order of commitment to any appropriate accredited treatment facility. It may not order commitment of a person unless it determines that the proposed facility is able to provide adequate and appropriate treatment for him and the treatment is likely to be beneficial.
Source: SL 1974, ch 240, § 12 (d); SL 1985, ch 277, § 27.
34-20A-77.1. Provision for committed person who cannot be admitted at once to facility--Maximum period of detention--Payment of costs.
If it is shown to the satisfaction of the court that a committed person may not at once be admitted to the designated facility, and may not with safety, be allowed to go at liberty, the court shall require that the patient be provided for until admission can be accomplished, or until the occasion no longer exists. In any event, the patient may not be detained more than thirty days. Payment for such service is subject to § 34-20A-89.
Source: SL 1985, ch 277, § 5.
34-20A-78. Transfer to another facility--Reports--Notice.
The administrator of the facility to which the person was committed, or an authorized designee, may transfer any person committed to its custody from one accredited treatment facility to another if transfer is advisable based on the committed person's treatment needs. A written report shall state the reasons why transfer to another facility or program is necessary to meet the treatment needs of the committed person. Notice of the transfer and the reasons therefor shall be given to the court, the person's attorney and the person's immediate family, subject to rules of confidentiality.
Source: SL 1974, ch 240, § 12 (h); SL 1985, ch 277, § 28.
34-20A-79. Refusal of commitment by facility.
An accredited treatment facility may refuse a request of a competent patient, spouse, parent, sibling, adult child, or guardian to accept the patient for commitment to treatment.
Source: SL 1974, ch 240, § 12 (k); SL 1985, ch 277, § 29.
34-20A-80. Discharge before end of commitment period.
A person committed for treatment shall be discharged at any time before the end of the period for which he has been committed if either of the following conditions is met:
(1) In case of commitment on the grounds of likelihood of infliction of physical harm upon himself or another, that the likelihood of such harm no longer exists; or
(2) In case of commitment on the grounds of the need of treatment and incapacity, that the incapacity no longer exists, further treatment will not be likely to bring about significant improvement in the person's condition, or treatment is no longer adequate or appropriate.
Source: SL 1974, ch 240, § 12 (i); SL 1985, ch 277, § 30.
34-20A-81. Maximum period of involuntary commitment--Discharge or recommitment.
Any person committed under § 34-20A-70 shall remain in for treatment for a period not to exceed ninety days unless sooner discharged. At the end of the ninety-day period, he shall be discharged automatically unless the administrator or an authorized designee of the facility to which the patient is committed prior to expiration of the period obtains a court order for recommitment upon the grounds set forth in § 34-20A-70 for a further period of ninety days unless sooner discharged.
Source: SL 1974, ch 240, § 12 (e); SL 1976, ch 218; SL 1985, ch 277, § 31.
34-20A-82. Discharge from recommitment--Second period of recommitment.
A person recommitted under § 34-20A-81 who has not been discharged before the end of the ninety-day period shall be automatically discharged at the expiration of that period unless the administrator, or an authorized designee of the facility to which the patient is committed prior to expiration of the period, obtains a court order on the grounds set forth in § 34-20A-70 for recommitment for a further period not to exceed ninety days.
Source: SL 1974, ch 240, § 12 (f); SL 1985, ch 277, § 32.
34-20A-83. Number of recommitment orders permitted.
Only two recommitment orders under §§ 34-20A-81 and 34-20A-82 are permitted.
Source: SL 1974, ch 240, § 12 (f).
34-20A-84. Hearing on petition for recommitment--Service and notice--Procedure.
Upon the filing of a petition for recommitment under § 34-20A-81 or 34-20A-82, the court shall fix a date for hearing no later than ten days, excluding Saturdays, Sundays, or legal holidays, after the date the petition was filed. A copy of the petition and of the notice of hearing, including the date fixed by the court, shall be served on the petitioner, the person whose commitment is sought, his next of kin other than the petitioner, the original petitioner under § 34-20A-70 if different from the petitioner for recommitment, at least one parent or guardian if a minor, and any other person the court believes advisable. At the hearing the court shall proceed as provided in §§ 34-20A-74 to 34-20A-76, inclusive.
Source: SL 1974, ch 240, § 12 (g); SL 1985, ch 277, § 33; SL 1993, ch 213, § 226.
34-20A-85. Rights to contest proceedings and to assistance of counsel--Court to require counsel if necessary.
The court shall inform the person whose commitment or recommitment is sought of his right to contest the application, be represented by counsel at every stage of any proceedings relating to his commitment and recommitment, and have counsel appointed by the court or provided by the court, if he wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require, by appointment if necessary, counsel for him regardless of his wishes.
Source: SL 1974, ch 240, § 12 (j).
34-20A-85.1. Compensation of attorney appointed to represent person being committed--Reimbursement of county.
The attorney appointed by a court to represent the interests of a person being committed for alcohol or drug abuse shall be paid by the county where the hearing and commitment proceedings are taking place. The attorney shall be compensated at a rate to be fixed by the circuit judge. The county shall be reimbursed for the expenses by the person if the person is financially able to do so. If the person is not financially able to pay such expenses, the cost of legal counsel shall be paid to the county by the person legally bound for the support of such person.
Source: SL 1985, ch 277, § 6.
34-20A-86. Right to examination by physician and counselor of choice--Employment by court when necessary.
The person whose commitment or recommitment is sought shall be informed of the person's right to be examined by a licensed physician and an addiction counselor of the person's choice. If the person is unable to obtain a licensed physician or an addiction counselor and requests examination by a physician or an addiction counselor, the court shall employ a licensed physician or an addiction counselor.
Source: SL 1974, ch 240, § 12 (j); SL 1985, ch 277, § 34; SL 2016, ch 15, § 22.
34-20A-87. Habeas corpus available at any time.
A person committed under this chapter may at any time seek to be discharged from commitment by writ of habeas corpus.
Source: SL 1974, ch 240, § 12 (l).
34-20A-89. Payment for treatment under involuntary commitment.
If an approved treatment facility provides treatment to a person who was involuntarily committed, the approved treatment facility may assess the payment for treatment to the person, to legally responsible relatives, to a conservator, or to the county of residence if indigent, or may bill the department through contract with the approved treatment facility.
If an accredited treatment facility provides treatment to a person who was involuntarily committed, the accredited treatment facility shall assess payment to the individual, legally responsible relatives, or a conservator.
The payment for treatment of a person involuntarily committed to the Human Services Center is subject to the requirements of chapter 27A-13.
Source: SL 1974, ch 240, § 15; SL 1985, ch 277, § 36; SL 1993, ch 213, § 227; SL 2023, ch 94, § 14.
34-20A-90, 34-20A-91. Repealed by SL 2012, ch 150, §§ 44, 45.
34-20A-95, 34-20A-96. Repealed by SL 2012, ch 150, §§ 46, 47.
34-20A-98. Possession and administration of opioid antagonists by first responders.
Any first responder trained in compliance with § 34-20A-101 and acting under a standing order issued by a physician licensed pursuant to chapter 36-4 may possess and administer opioid antagonists to a person exhibiting symptoms of an opiate overdose.
Source: SL 2015, ch 179, § 1.
34-20A-99. Opioid antagonist defined.
For the purposes of §§ 34-20A-98 to 34-20A-103, inclusive, the term, opioid antagonist, means naloxone hydrochloride or any other similarly acting and equally safe drug approved by the federal Food and Drug Administration for the treatment of drug overdose.
Source: SL 2015, ch 179, § 2.
34-20A-100. First responder defined.
For the purposes of §§ 34-20A-98 to 34-20A-103, inclusive, the term, first responder, includes:
(1) A law enforcement officer as defined by subdivision 22-1-2(22);
(2) A driver and attendant responding to an emergency call as part of an ambulance service licensed pursuant to chapter 34-11; and
(3) A firefighter.
Source: SL 2015, ch 179, § 3.
34-20A-101. Training of first responders.
Each first responder authorized to administer an opioid antagonist shall be trained in the symptoms of an opiate overdose; the protocols and procedures for administration of an opioid antagonist; the symptoms of adverse responses to an opioid antagonist, and protocols and procedures to stabilize the patient if an adverse response occurs; and the procedures for storage, transport, and security of the opioid antagonist. The training shall comply with the criteria established pursuant to § 34-20A-102, and may be provided by the employer of first responders at the employer's discretion.
Source: SL 2015, ch 179, § 4.
34-20A-102. Promulgation of rules for training, possession, and administration of opioid antagonists.
The Board of Medical and Osteopathic Examiners shall promulgate rules, pursuant to chapter 1-26, establishing:
(1) The criteria for training a first responder to comply with the provisions of § 34-20A-101; and
(2) The requirements for a physician's issuance of a standing order to a first responder authorizing a prescription for the first responder's possession of an opioid antagonist and the protocols and procedures to be followed in administering an opioid antagonist.
Source: SL 2015, ch 179, § 5.
34-20A-103. Immunity from civil liability for injuries or death associated with administration of opioid antagonists.
A physician who issues a standing order under the rules established pursuant to § 34-20A-102, a first responder acting under a standing order who administers an opioid antagonist in good faith compliance with the protocols for administering an opioid antagonist, and the first responder's employer, are not civilly liable for injuries, and may not be held to pay damages to any person, or the person's parents, siblings, children, estate, heirs, or devisees, for injuries or death associated with the administration of an opioid antagonist.
Source: SL 2015, ch 179, § 6.
34-20A-104. Possession and administration of opioid antagonists by person close to person at risk of overdose.
A person who is a family member, friend, or other close third party to a person at risk for an opioid-related drug overdose may be prescribed, possess, distribute, or administer an opioid antagonist that is prescribed, dispensed, or distributed by a licensed health care professional directly or by standing order pursuant to §§ 34-20A-104 to 34-20A-108, inclusive.
Source: SL 2016, ch 174, § 1.
34-20A-105. Prescription for opioid antagonist.
A licensed health care professional may, directly or by standing order, prescribe an opioid antagonist to a person at risk of experiencing an opioid-related overdose, or prescribe to a family member, friend, or other close third party person the health care practitioner reasonably believes to be in a position to assist a person at risk of experiencing an opioid-related overdose.
Source: SL 2016, ch 174, § 2.
34-20A-105.1. Opioid antagonist--Employer--Dispense--Administer--Immunity.
A licensed health care professional may, directly or by standing order, dispense or distribute an opioid antagonist to an employer.
An employer may acquire and make available on the employer's premises an opioid antagonist that is dispensed or distributed by a licensed health care professional, in accordance with this section, if the employer:
(1) Develops a protocol for the transport, storage, maintenance, and location of the opioid antagonist;
(2) Provides training and instruction, developed by the Department of Health and made available on the Department of Health website, to employees or personnel authorized to administer an opioid antagonist on the employer's premises; and
(3) Prominently posts instructions on the administration of an opioid antagonist and post-administration protocol, if the employer makes it accessible to the public.
An employer, employee, or other authorized personnel of an employer may not be held liable for any death, injury, or damage that arises out of the administration of, the self-administration of, or the failure to administer an opioid antagonist, if such action or inaction constitutes ordinary negligence.
Source: SL 2023, ch 118, § 1.
34-20A-106. Opioid antagonist--Professional prescribing--Immunity.
A health care professional who is authorized to prescribe or dispense an opioid antagonist is not subject to any disciplinary action or civil or criminal liability for the prescribing or dispensing of an opioid antagonist to an employer or a person whom the health care professional reasonably believes may be in a position to assist or administer the opioid antagonist to a person at risk for an opioid-related drug overdose.
Source: SL 2016, ch 174, § 3; SL 2023, ch 118, § 2.
34-20A-107. Prescription deemed issued for legitimate medical purpose.
For the purpose of §§ 34-20A-104 to 34-20A-108, inclusive, any prescription issued pursuant to §§ 34-20A-104 to 34-20A-108, inclusive, is deemed to be issued for a legitimate medical purpose in the usual course of professional practice.
Source: SL 2016, ch 174, § 4.
34-20A-108. Duty or standard of care regarding opioid antagonists unaffected.
The provisions of §§ 34-20A-104 to 34-20A-108, inclusive, do not establish a duty or standard of care with respect to the decision of whether to prescribe, dispense, or administer an opioid antagonist.
Source: SL 2016, ch 174, § 5.
34-20A-109. Definitions related to reporting person in need of emergency assistance for drug-related overdose.
Terms used in §§ 34-20A-110 to 34-20A-113, inclusive, mean:
(1) "Drug-related overdose," an acute condition, including mania, hysteria, extreme physical illness, coma, or death resulting from the consumption or use of a controlled substance, or another substance with which a controlled substance was combined, and that a person would reasonably believe to be a drug overdose that requires medical assistance.
Source: SL 2017, ch 154, § 1.
34-20A-110. Immunity from arrest or prosecution for reporting person in need of emergency medical assistance for drug-related overdose.
No person may be arrested or prosecuted for any misdemeanor or felony offense of possession, inhalation, ingestion, or otherwise taking into the body any controlled drug or substance if that person contacts any law enforcement or emergency medical services and reports that a person is in need of emergency medical assistance as the result of a drug-related overdose. A person qualifies for the immunities provided in §§ 34-20A-109 to 34-20A-113, inclusive, only if:
(1) The evidence for the charge or prosecution was obtained as a result of the person seeking medical assistance for another person;
(2) The person seeks medical assistance for another person who is in need of medical assistance for an immediate health or safety concern; and
(3) The person seeking medical assistance for another person remains on the scene and cooperates with medical assistance and law enforcement personnel.
Source: SL 2017, ch 154, § 2.
34-20A-111. Immunity from arrest or prosecution for reporting one's own need for emergency medical assistance for drug-related overdose.
A person who experiences a drug-related overdose and is in need of medical assistance may not be arrested, charged, or prosecuted for any misdemeanor or felony offense of possession, inhalation, ingestion, or otherwise taking into the body any controlled drug or substance if that person contacts law enforcement or emergency medical services and reports that he or she is in need of medical assistance as the result of a drug-related overdose. A person qualifies for the immunities provided in this section only if the evidence for the charge or prosecution was obtained as a result of the drug-related overdose and the need for medical assistance.
Source: SL 2017, ch 154, § 3.
34-20A-112. Providing first aid or other medical assistance as mitigating factor--Limitations on immunity.
Providing first aid or other medical assistance to someone who is experiencing a drug-related overdose may be used as a mitigating factor in a criminal prosecution for which immunity is not provided under §§ 34-20A-109 to 34-20A-113, inclusive. Nothing in §§ 34-20A-109 to 34-20A-113, inclusive, may be construed to:
(1) Bar the admissibility of any evidence obtained in connection with the investigation and prosecution of other crimes or violations committed by a person who otherwise qualifies for limited immunity pursuant to §§ 34-20A-109 to 34-20A-113, inclusive; or
(2) Limit, modify, or remove any immunity from liability currently available to public entities, public employees by law, or prosecutors.
Source: SL 2017, ch 154, § 4.
34-20A-113. One-time immunity.
Any person seeking medical assistance or who reports a person is in need of medical assistance shall only qualify once for immunity under §§ 34-20A-109 to 34-20A-112, inclusive.
Source: SL 2017, ch 154, § 5.
