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34-20A TREATMENT AND PREVENTION OF ALCOHOL AND DRUG ABUSE
CHAPTER 34-20A

TREATMENT AND PREVENTION OF ALCOHOL AND DRUG ABUSE

34-20A-1      Repealed.
34-20A-2      Definition of terms.
34-20A-2.1      Accredited facility deemed approved.
34-20A-3      Superseded.
34-20A-3.1      Repealed.
34-20A-3.2      Repealed.
34-20A-4, 34-20A-5.      Superseded.
34-20A-6      Repealed.
34-20A-7, 34-20A-8.      Repealed.
34-20A-9, 34-20A-10. Repealed.
34-20A-11      Repealed.
34-20A-12 to 34-20A-14. Repealed.
34-20A-15      Repealed.
34-20A-16, 34-20A-17. Repealed.
34-20A-18      Solicitation and acceptance of gifts, grants and services.
34-20A-19 to 34-20A-23. Repealed.
34-20A-24      Repealed.
34-20A-25      Repealed.
34-20A-26      Repealed.
34-20A-27      Standards for accredited prevention or treatment facilities--Fees.
34-20A-28 to 34-20A-31.      Repealed.
34-20A-32      Repealed.
34-20A-33      Repealed.
34-20A-34      Real property acquisition and provision of facilities.
34-20A-35 to 34-20A-37. Repealed.
34-20A-38, 34-20A-39.      Repealed.
34-20A-40      Procedure for standards, rules, and regulations.
34-20A-41 to 34-20A-43.      Repealed.
34-20A-44      Inspection of facilities.
34-20A-44.1      Access to public and private prevention and treatment facilities and records.
34-20A-45      Repealed.
34-20A-46 to 34-20A-48. Repealed.
34-20A-49      Repealed.
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-53.      Repealed.
34-20A-54      Repealed.
34-20A-55      Protective custody of intoxicated or incapacitated person--Emergency commitment--Detention.
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 to 34-20A-62.      Repealed.
34-20A-63      Emergency commitment--Grounds.
34-20A-64      Written commitment application--Contents.


34-20A-64.1      Confinement of disruptive detainee.
34-20A-65      Refusal of application--Disposition of detained person.
34-20A-66      Approval of admission--Intake procedure--Retention or transfer.
34-20A-66.1      Payment for treatment under emergency commitment or protective custody.
34-20A-67      Patient to receive copy of application--Right to counsel.
34-20A-68      Discharge from emergency commitment.
34-20A-69      Maximum period of detention--Extension if petition for involuntary commitment 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      Commitment petition application and report to be sealed--State may seek access to documents--Information not to be used in certain prosecutions.
34-20A-71      Repealed.
34-20A-72      Certificate of physician or addiction counselor--Refusal of examination or assessment--Eligible physicians and counselors.
34-20A-73      Hearing on petition--Service of notice.
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      Repealed.
34-20A-89      Payment for treatment under involuntary commitment.
34-20A-90, 34-20A-91. Repealed.
34-20A-92      Repealed.
34-20A-93, 34-20A-94. Repealed.
34-20A-95, 34-20A-96. Repealed.
34-20A-97      Repealed.
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-106      Health care professional immunity from liability.
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-1
     34-20A-1.   Repealed by SL 1985, ch 278, § 1.


34-20A-2Definition of terms.

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.

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.


34-20A-2.1Accredited 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-3
     34-20A-3.   Superseded.


34-20A-3.1
     34-20A-3.1.   Repealed by SL 2016, ch 15, § 11.


34-20A-3.2Repealed by SL 2012, ch 150, § 22.


34-20A-4
     34-20A-4, 34-20A-5.   Superseded.


34-20A-6Repealed 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, 34-20A-10. Repealed by SL 2012, ch 150, §§ 24, 25.


34-20A-11
     34-20A-11.   Repealed by SL 1985, ch 278, § 9.


34-20A-12 to 34-20A-14. 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, 34-20A-17. Repealed by SL 2012, ch 150, §§ 29, 30.


34-20A-18Solicitation and acceptance of gifts, grants and services.

The division 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 making an application for any grant.

Source: SL 1974, ch 240, § 4 (3).


34-20A-19 to 34-20A-23. Repealed by SL 2012, ch 150, §§ 31 to 35.


34-20A-24
     34-20A-24.   Repealed by SL 1985, ch 278, § 21.


34-20A-25Repealed by SL 2012, ch 150, § 36.


34-20A-26
     34-20A-26.   Repealed by SL 1985, ch 278, § 23.


34-20A-27Standards for accredited prevention or treatment facilities--Fees.

The division shall establish reasonable standards and requirements for accredited prevention or treatment facilities. The division may fix the fees to be charged by the division for the required inspections. The division may adopt 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/residential, outpatient treatment, social detoxification, transitional care, custodial care, counseling and support services, prevention services;

(5)    Staff qualifications; and

(6)    Such 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.


34-20A-28
     34-20A-28 to 34-20A-31.   Repealed by SL 1985, ch 278, §§ 25 to 28.


34-20A-32Repealed by SL 2012, ch 150, § 37.


34-20A-33
     34-20A-33.   Repealed by SL 1985, ch 278, § 30.


34-20A-34Real property acquisition and provision of facilities.

The division 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.


34-20A-35 to 34-20A-37. 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-40Procedure for standards, rules, and regulations.

The division in the adoption of standards and in the promulgation of other rules and regulations shall be governed by the provisions of chapter 1-26.

Source: SL 1974, ch 240, § 18.


34-20A-41
     34-20A-41 to 34-20A-43.   Repealed by SL 1985, ch 278, §§ 37 to 39.


34-20A-44Inspection of facilities.

The division 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, 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.


34-20A-44.1Access to public and private prevention and treatment facilities and records.

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, 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, as described in § 34-20A-2, the division retains the right of access to all facility premises and relevant records to monitor compliance or investigate complaints brought against the facility.

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.


34-20A-45
     34-20A-45.   Repealed by SL 1985, ch 278, § 41.


34-20A-46 to 34-20A-48. Repealed by SL 2012, ch 150, §§ 41 to 43.


34-20A-49
     34-20A-49.   Repealed by SL 1985, ch 278, § 45.


34-20A-50Application 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-51Determination of admission for treatment--Referral to other facilities.

Subject to rules adopted by the division, the administrator in charge of an accredited treatment facility may determine who shall be admitted for treatment. If a person is refused admission to the facility, the administrator, subject to rules adopted by the division, 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.


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-55Protective custody of intoxicated or incapacitated person--Emergency commitment--Detention.

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 himself or herself 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 shall be taken to an approved treatment facility offering detoxication services for emergency commitment. If emergency commitment 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 shall 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 himself or herself 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.


34-20A-56Protective 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 him to an approved treatment facility, for emergency commitment is taking him into protective custody and shall make every reasonable effort to protect his health and safety. In taking the person into protective custody, the detaining officer may take reasonable steps to protect himself. 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.


34-20A-57Law enforcement authorities not criminally or civilly liable for protective custody actions.

Law enforcement authorities who act in compliance with §§ 34-20A-55 and 34-20A-56 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.


34-20A-58
     34-20A-58 to 34-20A-62.   Repealed by SL 1985, ch 277, §§ 9 to 13.


34-20A-63Emergency commitment--Grounds.

An intoxicated person who:

(1)    Has threatened, attempted, or inflicted physical harm on himself or herself or on another or is likely to inflict physical harm on another unless committed; or

(2)    Is incapacitated by the effects of alcohol or drugs; or

(3)    Is pregnant and abusing alcohol or drugs;

may be committed to an approved treatment facility for emergency treatment. 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.


34-20A-64Written commitment application--Contents.

Any law enforcement officer, physician, spouse, guardian, or relative of the person to be committed, or any other responsible person, may make a written application for commitment under § 34-20A-63, directed to the administrator of the approved treatment facility. The application shall state the circumstances requiring emergency commitment, 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.


34-20A-64.1Confinement of disruptive detainee.

If any person taken into protective custody, pursuant to § 34-20A-55, or detained under emergency commitment 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.


34-20A-65Refusal 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 commitment set forth in § 34-20A-63. The person detained shall be immediately released and shall 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.


34-20A-66Approval of admission--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. The person shall be retained at the facility to which he 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.


34-20A-66.1Payment for treatment under emergency commitment or protective custody.

Payment for treatment under emergency commitment, or under protective custody pursuant to § 34-20A-55 if emergency commitment 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 division through contract with an approved treatment facility. Any payment for emergency commitment 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.


34-20A-67Patient to receive copy of application--Right to counsel.

A copy of the written application for commitment and a written explanation of the person's right to counsel shall be given to the person within twenty-four hours after commitment 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.


34-20A-68Discharge from emergency commitment.

If the administrator or an authorized designee determines that the grounds for commitment no longer exist, the person committed under § 34-20A-63 shall be discharged.

Source: SL 1974, ch 240, § 11 (e); SL 1985, ch 277, § 19.


34-20A-69Maximum period of detention--Extension if petition for involuntary commitment filed.

No person committed under § 34-20A-63 may be detained in any treatment facility for more than five days excluding Saturdays, Sundays, and legal holidays. If a petition for involuntary commitment under § 34-20A-70 has been filed within the five days, excluding Saturdays, Sundays, and legal holidays, and the administrator of an approved treatment facility or an authorized designee finds that grounds for emergency commitment still exist, he 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 filing the petition.

Source: SL 1974, ch 240, § 11 (e); SL 1985, ch 277, § 20.


34-20A-69.1Immunity 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-70Petition 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 petition for commitment and 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.


34-20A-70.1Duties 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-70.2Commitment petition application and report to be sealed--State may seek access to documents--Information not to be used in certain prosecutions.

The petition for commitment, written application, and written report to the circuit court and the resulting protective custody order required by § 34-20A-70 shall 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. However, any information obtained from the examination of the petition for commitment, written application, written report, or protective custody order 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.


34-20A-71
     34-20A-71.   Repealed by SL 1986, ch 283, § 2.


34-20A-72Certificate of physician or addiction counselor--Refusal of examination or assessment--Eligible physicians and counselors.

A petition filed under § 34-20A-70 shall be accompanied by a certificate of a licensed physician or an addiction counselor either of whom has examined the person within two days before submission of the petition, unless the person whose commitment is sought has refused to submit to a medical examination or counselor assessment in which case the fact of refusal shall be alleged in the petition. The certificate shall set forth the physician's or the counselor's findings in support of the allegations of the petition. A physician or addiction counselor employed by the admitting facility is not eligible to provide certification.

Source: SL 1974, ch 240, § 12 (a); SL 1985, ch 277, § 23; SL 2012, ch 182, § 1; SL 2016, ch 15, § 18.


34-20A-73Hearing on petition--Service of notice.

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, shall be served on the petitioner, the person whose commitment is sought, 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 he has been committed for emergency care, and any other person the court believes advisable. A copy of the petition and certificate shall be delivered to each person notified.

Source: SL 1974, ch 240, § 12 (b); SL 1985, ch 277, § 24; SL 1993, ch 213, § 225.


34-20A-74Presence 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-75Testimony presented at hearing.

At the hearing the court shall hear all relevant testimony, including, if possible, the testimony of at least one licensed physician and one addiction counselor who have examined the person whose commitment is sought.

Source: SL 1974, ch 240, § 12 (c); SL 1985, ch 277, § 25; SL 2016, ch 15, § 19.


34-20A-76Court-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 and there is sufficient evidence to believe that the allegations of the petition are true, 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.


34-20A-76.1Compensation 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-77Order 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-77.1Provision 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-78Transfer 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-79Refusal 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-80Discharge 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-81Maximum 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-82Discharge 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-83Number 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-84Hearing 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-85Rights 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-85.1Compensation 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-86Right 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-87Habeas 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-88
     34-20A-88.   Repealed by SL 1985, ch 277, § 35.


34-20A-89Payment for treatment under involuntary commitment.

If treatment of a person involuntarily committed is provided by an approved treatment facility, the payment for treatment may be assessed to the individual, to legally responsible relatives, to a conservator, to the county of residence if indigent or billed to the division through contract with the approved treatment facility. The payment for treatment of a person involuntarily committed to an accredited treatment facility shall be assessed to the individual, legally responsible relatives, or 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.


34-20A-90, 34-20A-91. 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, 34-20A-96. Repealed by SL 2012, ch 150, §§ 46, 47.


34-20A-97
     34-20A-97.   Repealed by SL 1985, ch 277, § 38.


34-20A-98Possession 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-99Opioid 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-100First 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-101Training 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-102Promulgation 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-103Immunity 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-104Possession 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-105Prescription 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-106Health care professional immunity from liability.

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 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.


34-20A-107Prescription 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-108Duty 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-109Definitions 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-110Immunity 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-111Immunity 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-112Providing 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-113One-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.


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