ARTICLE 67:62
MENTAL HEALTH
Chapter
67:62:01 Definitions.
67:62:02 Accreditation.
67:62:03 Governance.
67:62:04 Core service responsibilities.
67:62:05 General management requirements.
67:62:06 Personnel.
67:62:07 Clients' rights.
67:62:08 Clinical processes.
67:62:09 Environmental sanitation safety and fire prevention.
67:62:10 Outpatient services.
67:62:11 Child or youth and family services.
67:62:12 Comprehensive assistance with recovery and empowerment.
67:62:13 Community support services program -- Individualized mobile programs of assertive community treatment.
67:62:14 Qualified mental health professional.
67:62:15 Preadmission screening and resident reviews, Repealed.
CHAPTER 67:62:01
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DEFINITIONS
\r\n\r\n\r\n\r\n67:62:01:01 Definitions.
\r\n\r\n\r\n\r\n67:62:01:01. Definitions. Terms used in this article mean:
(1) \"Admission,\" the point in an individual's relationship with a mental health center when the intake process has been completed and the individual is eligible to receive and accept services;
(2) \"Advocate,\" any individual designated by a client to support the client by speaking or acting on the client's behalf;
(3) \"Board of directors,\" the entity legally responsible for the overall operation and management of the agency center;
(4) \"Case management,\" a collaborative process that assesses, plans, implements, coordinates, monitors, and evaluates the options and services to meet an individual's health needs, as identified in the treatment plan;
(5) \"Center,\" an entity seeking or holding accreditation as a mental health center through the department, as provided in SDCL 27A-5-1;
(6) \"Child or youth and family services,\" comprehensive, child-centered, family-focused, and resiliency-oriented treatment services and support, provided to a child or youth with a serious emotional disturbance, including a child or youth with a co-occurring disorder, and to the family of the child or youth;
(7) \"Client,\" a child, youth, or adult receiving services from a mental health center;
(8) \"Clinical supervisor,\" a mental health professional who has at least a master's degree in psychology, social work, counseling, or nursing; currently holds a license in that field; and has two years of supervised, postgraduate clinical experience in a mental health setting;
(9) \"Collateral contacts,\" telephone or face-to-face contact with an individual other than the identified client, to plan appropriate treatment, to assist providers in responding therapeutically to the client's difficulty or illness, or to link the client, family, or both, to other necessary and therapeutic community support;
(10) \"Comprehensive assistance with recovery and empowerment services,\" comprehensive, person-centered, and recovery-focused services providing medically necessary treatment, rehabilitative, and support services to a client with a serious mental illness, including co-occurring disorders;
(11) \"Contract,\" a written agreement, approved by a center's board of directors or an authorized designee, for specified services, personnel, or space, to be provided to the agency by another organization, agency, or individual, in exchange for money;
(12) \"Co-occurring disorder,\" a mental health condition that presents in combination with a substance use problem, trauma issues, problem gambling, medical issues, or developmental disabilities;
(13) \"Department,\" the Department of Social Services;
(14) \"Discharge summary,\" a narrative summary of a client's treatment record, including the reason for the client's admission, clinical problems, accomplishments during treatment, reason for discharge, and recommendations or referrals for further services, if indicated;
(15) \"Division,\" the Division of Behavioral Health;
(16) \"Emergency services,\" services available twenty-four hours per day, seven days per week, for a client experiencing a mental health emergency or crisis;
(17) \"Individualized and mobile program of assertive community treatment,\" a comprehensive, person-centered, and recovery-focused program providing medically necessary treatment, rehabilitative, and support services to an eligible client who requires more intensive services than can be provided by comprehensive assistance with recovery and empowerment services;
(18) \"Individualized and mobile program of assertive community treatment team,\" a mobile group of mental health professionals who merge clinical, medical, rehabilitation, and staff expertise, within one service delivery team, under a clinical supervisor;
(19) \"Intake services,\" actions that assist a client in initiating services with the center, provide information on the center and available services to a client, discuss the client's rights and responsibilities and grievance procedures with the client, obtain information from the client to determine financial eligibility, and obtain other required information from the client;
(20) \"Integrated assessment,\" the gathering of information and engaging in a process with a client to enable the provider to establish the presence or absence of a co-occurring disorder. An integrated assessment identifies a client's strengths and needs, determines the client's motivation and readiness for change, and engages the client in the development of an appropriate treatment relationship in which an individualized treatment plan can be developed;
(21) \"Intern,\" means a college or university student gaining supervised practical experience;
(22) \"Liaison services,\" treatment planning and the coordination of services between a center and the out-of-home placement to be consistent with treatment goals and intended to shorten the length of hospitalization or out-of-home placement, and may include community resources and contacts with the client's family;
(23) \"Management information system,\" a system designed to collect, store, and report treatment and treatment outcome data;
(24) \"Mental disorder,\" a substantial organic or psychiatric disorder of thought, mood, perception, orientation, or memory, as specified within the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition, criteria. An intellectual disability, epilepsy, other developmental disability, alcohol abuse, substance abuse, brief periods of intoxication, or criminal behavior do not, alone, constitute mental illness;
(25) \"Mental health center,\" as defined in SDCL 27A-1-1;
(26) \"Outpatient services,\" nonresidential diagnostic and treatment services that are distinct from child or youth family services, comprehensive assistance with recovery and empowerment services, or the individualized and mobile program of assertive community treatment, individualized according to the needs of the client and the client's family if appropriate, and responsive to cultural differences and special needs;
(27) \"Physician,\" an individual licensed in accordance with the provisions of SDCL chapter 36-4 and qualified to provide medical and other health services under this chapter;
(28) \"Qualified mental health professional,\" an individual who meets the criteria set forth in SDCL 27A-1-3;
(29) \"Recovery,\" a process of change through which an individual achieves improved health, wellness, and quality of life;
(30) \"Room and board services,\" residential housing for a client who is eighteen yeras of age or older, has a serious mental illness, and due to the client's illness is unable to function in an independent living arrangement;
(31) \"Screening,\" a formal and typically brief process of determining the likelihood that an individual has a substance use, mental health, or co-occurring disorder, which is administered soon after the individual presents for services. The purpose is to establish the need for an in-depth assessment, not to establish the presence or specific type of such a disorder;
(32) \"Services,\" direct or indirect contact between a client or a group of clients and mental health staff for the purpose of diagnosis, evaluation, treatment, consultation, or other necessary direct assistance in providing comprehensive mental health care to ensure that the client obtains the basic necessities of daily life and performs basic daily living activities;
(33) \"Substance use disorder,\" a diagnosable substance use condition;
(34) \"System of care,\" a coordinated network of community-based services and support organized to meet the needs of an individual with mental health issues and the individual's family;
(35) \"Telehealth,\" a method of delivering services including interactive audio-visual or audio-only technology in accordance with SDCL 34-52-1;
(36) \"Transfer,\" the movement of a client from one level of service to another;
(37) \"Treatment plan,\" a written, individualized, and comprehensive plan that is based on information obtained from the integrated assessment, is designed to improve a client's mental health condition, and includes treatment goals or objectives for primary problems that indicate a need for mental health services; and
(38) \"Volunteer,\" an individual who provides unpaid assistance to an agency or program.
Source: 43 SDR 80, effective December 5, 2016; 48 SDR 14, effective August 22, 2021; 52 SDR 126, effective July 1, 2026.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 1-36-25, 27A-5-1.
Reference: DSM-5 -- Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published by the American Psychiatric Association, 1000 Wilson Boulevard, Suite 1825, Arlington, VA 22209-3901. Cost: $199.00.
CHAPTER 67:62:02
ACCREDITATION
67:62:02:01 Definitions.
67:62:02:02 Access by the department.
67:62:02:03 Application for accreditation.
67:62:02:04 Policy and procedures subject to approval.
67:62:02:05 Provisional accreditation and comprehensive survey.
67:62:02:06 Extension of accreditation period.
67:62:02:07 Renewal of accreditation -- Comprehensive survey.
67:62:02:08 Comprehensive survey report -- Plan of correction.
67:62:02:09 Reasons for placing a center on probation.
67:62:02:10 Probation procedures.
67:62:02:11 Suspension or revocation procedures.
67:62:02:12 Acceptance of new clients prohibited.
67:62:02:13 Delay in meeting requirements.
67:62:02:14 Denial of accreditation.
67:62:02:15 Reconsideration of application for accreditation.
67:62:02:16 Appeal procedure.
67:62:02:17 Time and place of hearing.
67:62:02:18 Changes requiring notification.
67:62:02:19 Sentinel event notification.
67:62:02:20 Approval needed for receipt of government funds.
67:62:02:21 Center application for state or federal assistance.
67:62:02:01. Definitions. Terms used in this chapter mean:
(1) \"Comprehensive survey,\" a planned, on-site survey of the center, by a team of representatives from the department for the purposes of evaluating compliance with standards for accreditation renewal and assessing the quality of services provided;
(2) \"Plan of correction,\" a plan created by a center to organize the process of making improvements in clinical or administrative practice, in order to address issues that are identified by the department and require corrective action or improvement to meet the requirements of this article;
(3) \"Probation,\" a status of restricted accreditation of a center that fails to follow the requirements for accreditation;
(4) \"Revocation,\" the permanent withdrawing of a center's accreditation by the department;
(5) \"Root cause analysis,\" a process to identify the fundamental reason for a failure or inefficiency of process that allowed for a mistake, including the occurrence or possible occurrence of a sentinel event, to determine how to change procedures so mistakes are less likely, and then make the change;
(6) \"Suspension,\" the temporary withdrawing of a center's accreditation by the department.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:02:02. Access by the department. The department shall monitor each center for continued compliance with this article, regardless of the term of a center's accreditation certificate. A center is subject to review, without notice, by the department. A center shall provide the department with access to all clients and staff, and to all financial and administrative program records needed to determine whether the center meets the requirements of SDCL title 27A and this article. The department may review and copy records in compliance with this article.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:02:03. Application for accreditation. A center seeking to operate as an accredited community mental health center must submit an application for accreditation to the department. The department shall make accreditation application forms available upon request. The department shall return and may not consider an incomplete application submitted by a center.
The department shall provide the necessary application forms to a center seeking renewal of accreditation at least sixty days before the expiration of the center's current accreditation.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-5-1.
67:62:02:04. Policy and procedures subject to approval. All center policy and procedures must comply with and carry out the requirements of article 67:62 and are subject to the approval of the department as part of the accreditation process.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-5-1.
67:62:02:05. Provisional accreditation and comprehensive survey. The department may grant provisional accreditation to a center seeking accreditation for the first time or to a center previously accredited to regain accreditation. A provisional accreditation certificate may only be issued upon submission of a completed application and a preliminary comprehensive survey by the department finding compliance with this article and the requirements of SDCL title 27A.
A provisional accreditation expires after six months and may not be extended, except with the approval of the department to accommodate department scheduling delays, not to exceed an additional three months. A follow-up, comprehensive survey must be conducted prior to the expiration of the provisional accreditation, to determine if the requirements of SDCL title 27A and this article have been met. At that time, the department shall:
(1) Grant a one year accreditation certificate for a new center;
(2) Grant accreditation up to the end date of the original certification for a currently accredited center; or
(3) Deny accreditation.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-5-1.
67:62:02:06. Extension of accreditation period. The department may extend the period of accreditation to accommodate department on-site scheduling delays. No extension may exceed a period of one year beyond the certificate expiration date.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-5-1.
67:62:02:07. Renewal of accreditation -- Comprehensive survey. Each center currently accredited by the department shall participate in a comprehensive survey to determine compliance with the requirements of this article and SDCL title 27A prior to the renewal of accreditation. The department shall notify the center of the date of the comprehensive survey.
The department shall determine whether, based on the survey, the center complied with SDCL title 27A and this article, within ninety days of the comprehensive survey. The determination must be based on the evaluation of each component of the accreditation application and materials reviewed. As a result, the department shall:
(1) Issue a three-year accreditation certificate, if a center is in compliance with ninety percent or more of the requirements and submits a plan of correction that is approved by the department and addresses all areas of noncompliance;
(2) Issue a two-year accreditation certificate, if a center is in compliance with seventy to eighty-nine percent of the requirements and submits a plan of correction that is approved by the department and addresses all areas of noncompliance;
(3) Place a center on probation for no more than six months, if the center is in compliance with less than seventy percent of the requirements. If the center successfully completes a plan of correction approved by the department, addresses all areas of noncompliance, and attains at least seventy percent compliance, the department must issue a one-year accreditation certificate; or
(4) Deny accreditation, if the center fails to substantially comply with the requirements of SDCL title 27A and this article or fails to submit a plan of correction approved by the department.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-5-1.
67:62:02:08. Comprehensive survey report -- Plan of correction. The department shall, within thirty days following the comprehensive survey, report its findings to the center. If a center is not in compliance with this article and SDCL title 27A, the department must notify the center of the areas of noncompliance in the accreditation report. In response to any areas of noncompliance, the center shall submit a plan of correction to the department, within thirty days of receiving the accreditation report. The plan must include the action to be taken to correct the areas of noncompliance and the date the action is to be completed. The plan of correction is subject to acceptance or rejection in whole or in part by the department. The department shall, within thirty days of receiving the plan of correction, notify the center of the department's decision regarding approval or disapproval of the plan of correction and the accreditation status of the center. The department may conduct a follow-up review of the center to evaluate the corrections made. Failure to submit a plan of correction or failure to have the plan of correction approved by the department will result in probation, suspension, or revocation of accreditation.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-5-1.
67:62:02:09. Reasons for placing a center on probation. The department may place a center on probation if:
(1) The center is in compliance with less than seventy percent of the requirements of this article and SDCL title 27A;
(2) The center failed to complete the plan of correction to address the areas of noncompliance noted by the department in the accreditation report;
(3) The center has serious infractions of this article that affect the overall continuity of care or safety of clients;
(4) The center falsified information provided to the department for accreditation or funding purposes;
(5) The center participated in, condoned, or permitted illegal acts;
(6) The center participated in, condoned, or permitted fraud, deceit, or coercion;
(7) The department determined the center fails to comply with licensing and other standards that are required by federal or state laws, rules, or regulations; state and federal confidentiality laws; or this article, and the noncompliance results in practices that are detrimental to the welfare of a client; or
(8) The center refused to allow the department access for a comprehensive survey, a complaint review, or any necessary follow-up review.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:02:10. Probation procedures. If the department determines there is sufficient cause to place a center on probation:
(1) The department must send the center written notice of probationary status and areas of noncompliance;
(2) The center must develop and submit a plan of correction, pursuant to § 67:62:02:08, within thirty days of receiving the notice of probationary status;
(3) Within five business days after receiving the plan of correction, the department must notify the center of the department's decision to approve or deny the plan of correction.
The department must conduct a site visit, at least once during the probationary period, to monitor the center's progress on the plan of correction. At the end of the probationary period, the department shall conduct a comprehensive survey of the center and grant a one year accreditation certificate, provided the agency has obtained at least seventy percent compliance during the final comprehensive survey; suspend the center's accreditation; or revoke the center’s accreditation.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:02:11. Suspension or revocation procedures. The department shall provide written notice to the center of the department's intent to suspend or revoke the center's accreditation.
The suspension or revocation is effective fifteen days after receipt of the notice. The notice must contain the reason for the department's action, describe the process by which the center may request reconsideration by the department, and describe the appeal process.
A center's request for reconsideration must be in writing and be received by the department within fifteen days from the date the agency received the notice of suspension or revocation.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
Cross Reference: Acceptance of new clients prohibited, § 67:62:02:12.
67:62:02:12. Acceptance of new clients prohibited. A center that has been placed on probation, or whose accreditation has been suspended, is prohibited from accepting new clients until the department approves the plan of correction.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:02:13. Delay in meeting requirements. The department may grant the center a delay in meeting the requirements of this article to avoid undue hardship on the center if the department determines that allowing a delay would be in the best interest of the center's clients.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:02:14. Denial of accreditation. If the departmant denies the accreditation to a center, the department must send notice of the denial to the center by certified mail, return receipt requested, within sixty days of the final review. The notice of denial must inform the center that the denial is effective fifteen days after receipt of the notice.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-5-1.
67:62:02:15. Reconsideration of application for accreditation. A center may request that the department reconsider an application. The request must be in writing and sent within fifteen calendar days after receipt of the denial of accreditation.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-5-1.
67:62:02:16. Appeal procedure. A center may appeal to the secretary of the department any denial, revocation, or suspension of accreditation, or placement on probation by the department. An appeal under this section must be sent by certified mail within fifteen days after receipt of the notification of the department's action and must include a request for a fair hearing pursuant to SDCL chapter 1-26.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-5-1.
Cross Reference: Fair hearings, chapter 67:17:02.
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Source:\r\n43
General\r\nAuthority: SDCL 27A-5-1.
\r\n\r\nLaw\r\nImplemented: SDCL 27A-5-1.
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67:62:02:18. Changes requiring notification. An accredited center shall notify the department before a change in the center director, a reduction in services provided by the center, or the impending closure of the center. Upon receiving a notification under this section, the department must make a determination on the center's continued accreditation.
An accredited center shall give the department thirty days' written notice of closure. The center shall provide the department with written documentation outlining the manner in which safe storage of financial records will be provided, for at least six years from the date of closure, and safe storage of client case records will be provided, for at least six years from the date of closure, as required by 42 C.F.R. § 2.19, in effect on October 1, 1999.
The department may assist in making arrangements for the provision of services to clients by another accredited center, prior to the closing.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:02:19. Sentinel event notification. Each accredited center shall make a report to the department within twenty-four hours of any: death not primarily related to the natural course of the client's illness or underlying condition, permanent harm to a client, or severe temporary harm to a client, and any intervention required to sustain life to a client.
The center shall submit a follow-up report to the department within seventy-two hours and must include:
(1) A written description of the event;
(2) The client's name and date of birth; and
(3) Immediate actions taken by the center.
Each center shall develop a root cause analysis policy and procedures to utilize in response to any event requiring notification.
Each center shall report to the department, as soon as possible, any fire with structural damage or in which injury or death occurs; any partial or complete evacuation of the agency resulting from natural disaster; any loss of utilities, including electricity, natural gas, and phone lines; and any loss of an emergency generator, fire alarms, sprinklers, and other critical equipment necessary for operation of the agency for more than twenty-four hours.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:02:20. Approval needed for receipt of government funds. Any funds generated through the provisions of SDCL chapter 27A-5 or any federal funds administered pursuant to SDCL chapter 28-1, may only be granted to an agency if the agency is accredited by the department pursuant to this article.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-5-1.
67:62:02:21. Center application for state or federal assistance. A center applying for state or federal assistance, to supplement services required under the provisions of a service agreement with the department, shall submit a copy of the application to the department for review. A service agreement is a contract between the department and a center, in which the center agrees to provide diagnosis, evaluation, treatment, consultation, and other necessary direct assistance required for comprehensive mental health care.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-5-1.
CHAPTER 67:62:03
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GOVERNANCE
\r\n\r\n\r\n\r\n67:62:03:01 Articles of\r\nincorporation.
\r\n\r\n67:62:03:02 Board of director\r\npolicies.
\r\n\r\n67:62:03:03 Board responsibilities.
\r\n\r\n67:62:03:04 Discrimination in\r\nservices prohibited.
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Source:\r\n43
General\r\nAuthority: SDCL 27A-5-1(2).
\r\n\r\nLaw\r\nImplemented: SDCL 27A-3-1, 27A-5-1(2).
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(4)
(5)
(6)
(7)
(8)
(9)
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(12)
(13)
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Source:\r\n43
General\r\nAuthority: SDCL 27A-5-1(2)(5).
\r\n\r\nLaw\r\nImplemented: SDCL 27A-3-1, 27A-5-1(2)(5).
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The\r\nboard may employ one person to serve as both executive director and the
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Source:\r\n43
General\r\nAuthority: SDCL 27A-5-1.
\r\n\r\nLaw\r\nImplemented: SDCL 27A-3-1, 27A-5-1(2)(5).
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Source:\r\n43
General\r\nAuthority: SDCL 34-20A-27.
\r\n\r\nLaw\r\nImplemented: SDCL 20-13-1(12), 20-13-23, 20-13-23.1, 34-20A-27, 29 U.S.C. § 794.
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CHAPTER 67:62:04
CORE SERVICE RESPONSIBILITIES
67:62:04:01 Required range of services.
67:62:04:02 Center responsibilities.
67:62:04:03 Refusal to serve a child with a serious emotional disturbance or an adult with a serious mental illness -- Alternate provider.
67:62:04:04 Center's right to appeal.
67:62:04:01. Required range of services. Community mental health centers shall serve the counties assigned to them by the department, and provide services to clients with acute mental health issues or serious mental health difficulties, including those with co-occurring disorders. A center shall provide services to children, youth, adults, and elderly residents of the area assigned to the center, either directly or by affiliation with another agency. Each community mental health center must provide:
(1) Emergency services, available twenty-four hours per day, seven days a week;
(2) Assessment services, to determine the best service match, for a client;
(3) Outpatient services, pursuant to chapter 67:62:10;
(4) Specialized outpatient services for children or youth, pursuant to chapter 67:62:11; and
(5) Specialized outpatient services for adults, pursuant to chapter 67:62:12.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1, 27A-5-7.
Note: Optional services may include room and board, as defined in subdivision 67:62:01:01(30) and individualized and mobile programs of assertive community treatment team pursuant to chapter 67:62:13.
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Source:\r\n43
General\r\nAuthority: SDCL 27A-5-1.
\r\n\r\nLaw\r\nImplemented: SDCL 27A-3-1, 27A-5-1, 27A-5-7.
\r\n\r\n\r\n\r\n
67:62:04:03. Refusal to serve a child with a serious emotional disturbance or an adult with a serious mental illness -- Alternate provider. A center shall serve any client who meets the serious emotional disturbance or serious mental illness criteria, pursuant to § 67:62:11:01 or 67:62:12:01, and the financial eligibility criteria. If a center refuses services to a client who meets these criteria, the department may reduce the contract for the center, in order to purchase necessary services from an alternate provider.
In order for a center to refuse services to any client who meets the above criteria without an impact to the center's contract, a center must:
(1) Provide written notice of the refusal to the department within seventy-two hours of the action;
(2) Offer emergency services to the client, until the client can be relocated to another service area or alternate services are arranged; and
(3) Arrange for appropriate mental health services for the client with another provider.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:04:04. Center's right to appeal. Within thirty days of the refusal to serve, the center's director may submit a letter of appeal to the department, stating the center's cause for maintaining its contract funds. The department shall make a determination and respond to the center within fourteen days of receiving the letter of appeal.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
CHAPTER 67:62:05
GENERAL MANAGEMENT REQUIREMENTS
67:62:05:01 Policy and procedures manual.
67:62:05:02 Statistical data.
67:62:05:03 Compliance -- Case record review.
67:62:05:04 Retention of records.
67:62:05:05 Accounting system, cost reporting, and annual audit.
67:62:05:06 Fees for services.
67:62:05:07 Client orientation.
67:62:05:08 Participation in state plan.
67:62:05:01. Policy and procedures manual. Each center must have a policy and procedures manual to ensure compliance with this article and have procedures for reviewing and updating the manual.
Source: 43 SDR 80, effective December 5, 2016;.50 SDR 63, effective November 27, 2023
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-5-1.
67:62:05:02. Statistical data. Each center shall submit to the department statistical data on each client receiving services, at the time and in the manner agreed upon by the department and the center.
Each center shall provide statistical data on all services, in accordance with the state management information system, and any other data required by the department.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 1-36-25, 27A-3-1, 27A-5-1.
\r\n\r\n
Source:\r\n43
General\r\nAuthority: SDCL 27A-5-1.
\r\n\r\nLaw\r\nImplemented: SDCL 27A-3-1, 27A-5-1.
\r\n\r\n\r\n\r\n
\r\n\r\n
Source:\r\n43
General\r\nAuthority: SDCL 27A-5-1(2).
\r\n\r\nLaw\r\nImplemented: SDCL 27A-3-1, 27A-5-1(2).
\r\n\r\n\r\n\r\n
67:62:05:05. Accounting system, cost reporting, and annual audit. Each center shall maintain an accounting system pursuant to generally accepted accounting principles. If requested by the department, a center must submit to the department a copy of an annual entity-wide, independent financial audit. The audit must be completed and filed with the department by the end of the fourth month following the end of the fiscal year being audited.
Each audit must contain, as part of the supplementary information, a cost report, as outlined by the department. If applicable, the audit must be conducted in accordance with 2 C.F.R. Part 200 Subpart F, in effect on August 13, 2020.
In the case of an entity-wide, independent financial audit or a single audit, the center shall ensure the resolution of all interim audit findings. The center shall facilitate and aid any reviews, examinations, and agreed-upon procedures the department or any contractor may perform.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
Cross Reference: Single audit, 2 C.F.R. § 200.501(b).
67:62:05:06. Fees for services. The board of a center shall adopt a schedule of fees for services. The fees must be based on a client's ability to pay. A center shall provide its clients, referral resources, the public, and the department with up-to-date fees for services, including the fee per unit of service and any standard fee not included in the unit rate charged by the center.
A center shall attempt to collect from clients payments for services, in accordance with the adopted fee schedule. A center shall attempt to collect, from third-party sources reimbursement for the cost of services provided to a client.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:05:07. Client orientation. Each center shall establish a policy and procedures to ensure that a new client is provided with orientation to the program, at or before the time of admission, or as soon thereafter as possible. The orientation must provide:
(1) A description of the center's purpose and the treatment process;
(2) A review of relevant center policies;
(3) The hours during which services are available;
(4) The fees for services and the responsibility for payment for those fees;
(5) Information regarding the right to confidentiality, in accordance with 42 U.S.C. § 290 dd-2, in effect on March 27, 2020; 42 C.F.R. Part 2, in effect on January 18, 2017; and 45 C.F.R. Parts 160 and 164, in effect on September 26, 2016; and
(6) The rights of the client while receiving services, in accordance with §§ 67:62:07:01 and 67:62:07:02.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-5-1.
67:62:05:08. Participation in state plan. Each center shall participate in the state's comprehensive mental health service plan and submit information to the department, as required.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
CHAPTER 67:62:06
\r\n\r\n\r\n\r\n
PERSONNEL
\r\n\r\n\r\n\r\n67:62:06:01 Requirements for\r\nexecutive director.
\r\n\r\n67:62:06:02 Requirements for\r\nclinical director.
\r\n\r\n67:62:06:03 Requirements for staff\r\nproviding direct services and supports toclients.
\r\n\r\n67:62:06:04 Orientation of personnel.
\r\n\r\n67:62:06:05 Supervision.
\r\n\r\n67:62:06:06 Personnel policies and\r\nrecords.
\r\n\r\n67:62:06:07 Organizational chart.
\r\n\r\n67:62:06:08 Workforce development\r\nand training.
\r\n\r\n67:62:06:09 Volunteers.
\r\n\r\n67:62:06:10 Office of Inspector\r\nGeneral Medicaid exclusion list.
\r\n\r\n\r\n\r\n
\r\n\r\n
(1)
(2)
(3)
\r\n\r\n
Source:\r\n43
General\r\nAuthority: SDCL 1-36-25, 27A-5-1.
\r\n\r\nLaw\r\nImplemented: SDCL 1-36-25(5), 27A-3-1, 27A-5-1(1)(2).
\r\n\r\n\r\n\r\n
\r\n\r\n
Source:\r\n43
General\r\nAuthority: SDCL 1-36-25, 27A-5-1.
\r\n\r\nLaw\r\nImplemented: SDCL 1-36-25(5), 27A-3-1, 27A-5-1(1)(2).
\r\n\r\n\r\n\r\n
67:62:06:03. Requirements for staff providing direct services and supports to clients. Qualifications to provide direct mental health services and supports to clients are as follows:
(1) A staff member who has at least a high school diploma or a high school equivalency may, if supervised by a clinical supervisor, provide:
(a) Intake services;
(b) Case management;
(c) Family education and support;
(d) Liaison services;
(e) Direct assistance;
(f) Psychosocial rehabilitative services; and
(g) Recovery support services;
(2) A staff member who has at least a master's degree in psychology, social work, counseling, or nursing; a staff member who has a social work license, as defined in SDCL 36-26-15; or staff member who holds a bachelor's degree in a human services field and has two years of related experience may provide:
(a) Any service listed in subdivision (1); and
(b) Any other mental health service;
(3) A physician, a resident operating within guidelines esablished by the Board of Medical and Osteopathic Examiners, a licensed physician assistant, or a licensed certified nurse practitioner practicing within the individual's scope of practice, may provide psychiatric services; and
(4) A registered nurse or a licensed practical nurse may provide psychiatric nursing services.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 1-36-25, 27A-3-1, 27A-5-1.
\r\n\r\n
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
\r\n\r\n
Source:\r\n43
General\r\nAuthority: SDCL 27A-5-1.
\r\n\r\nLaw\r\nImplemented: SDCL 27A-3-1, 27A-5-1.
\r\n\r\n\r\n\r\n
Cross-References:
\r\n\r\n Persons\r\nrequired to report child abuse or neglected child -- Intentional failure as
Oral\r\nreport of abuse or neglect -- To whom made -- Response report, SDCL 26-8A-8.
\r\n\r\n\r\n\r\n
\r\n\r\n
The\r\namount and type of supervision shall be based on the center's staff needs for
\r\n\r\n
Source:\r\n43
General\r\nAuthority: SDCL 27A-5-1.
\r\n\r\nLaw\r\nImplemented: SDCL 27A-3-1, 27A-5-1(1).
\r\n\r\n\r\n\r\n
\r\n\r\n
(1)
(2)
(3)
(4)
(5)
\r\n\r\n
Source:\r\n43
General\r\nAuthority: SDCL 27A-5-1.
\r\n\r\nLaw\r\nImplemented: SDCL 27A-3-1, 27A-5-1(2).
\r\n\r\n\r\n\r\n
67:62:06:07. Organizational chart. Each center shall have a current organizational chart that indicates lines of authority from the board of directors and lines of authority for all job classifications. The organizational chart must be made available to all staff members, the board of directors, and the department.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:06:08. Workforce development and training. Each center shall provide for ongoing training and consultation to enable staff and supervisors to carry out their responsibilities effectively.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
\r\n\r\n
Source:\r\n43
General\r\nAuthority: SDCL 27A-5-1.
\r\n\r\nLaw\r\nImplemented: SDCL 27A-3-1, 27A-5-1(5).
\r\n\r\n\r\n\r\n
\r\n\r\n
Source:\r\n43
General\r\nAuthority: SDCL 27A-5-1.
\r\n\r\nLaw\r\nImplemented: SDCL 27A-3-1, 27A-5-1(5).
\r\n\r\n\r\n\r\n
CHAPTER 67:62:07
\r\n\r\n\r\n\r\n
CLIENTS' RIGHTS
\r\n\r\n\r\n\r\n67:62:07:01 Clients' rights.
\r\n\r\n67:62:07:02 Guaranteed rights.
\r\n\r\n67:62:07:03 Policy on abuse,\r\nneglect, and exploitation.
\r\n\r\n67:62:07:04 Grievance procedures.
\r\n\r\n67:62:07:05 Appeal of ineligibility\r\nor termination of services.
\r\n\r\n67:62:07:06 Time and place of\r\nhearing.
\r\n\r\n\r\n\r\n67:62:07:01. Clients' rights. A center shall ensure that the rights of a client are fully protected. A center shall give each client, the client's parent if the client is under the age of eighteen, or the client's guardian or advocate, if any, a copy of the client's rights and responsibilities in writing, or in an accessible format, during the intake process and shall discuss the rights and responsibilities with the client or the client's parent, guardian, or advocate.
Each center shall post the rights and responsibilities of a client in a place accessible to clients. Copies must be available in locations where clients can access them, without making a request to center staff.
Each center shall make a copy of the rights and responsibilities available to the department.
Each center shall provide services in a manner that is responsive to a client's needs, considering the client's age, gender, social support, cultural orientation, psychological characteristics, sexual orientation, physical situation, and spiritual beliefs.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-5-1.
67:62:07:02. Guaranteed rights. A client has rights guaranteed under the constitution and laws of the United States and this state, including:
(1) The right to refuse prohibited treatment, as provided in SDCL 27A-12-3.22;
(2) The right to be free of any exploitation or abuse;
(3) The right to seek and have access to legal counsel;
(4) The right to have access to an advocate or an employee of the state's designated protection and advocacy system;
(5) Information regarding the right to confidentiality of all records, correspondence, and information relating to assessment, diagnosis, and treatment, pursuant to SDCL 27A-12-26 and 45 C.F.R. Parts 160 and 164, in effect on September 26, 2016; and
(6) The right to participate in decision-making, related to treatment, to the greatest extent possible.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-5-1, 27A-12-3.22, 27A-12-26.
67:62:07:03. Policy on abuse, neglect, and exploitation. Each center shall establish a policy to prohibit abuse, neglect, and exploitation of a client. The policy must contain:
(1) Definitions of abuse, neglect, and exploitation, pursuant to SDCL 22-46-1;
(2) A requirement to report to the department any incidents of abuse, neglect, or exploitation;
(3) A requirement to report to the department, pursuant to SDCL 26-8A-3 and 26-8A-8;
(4) A procedure for disciplinary action to be taken, if staff engages in abusive, neglectful, or exploitative behavior;
(5) A requirement to make immediate efforts to inform the guardian, or the parent if the client is under the age of eighteen, of an alleged incident or an allegation of abuse, neglect, or exploitation; and
(6) A requirement to document the actions to be implemented, upon substantiation of an alleged incident or an allegation of abuse, neglect, or exploitation, to reduce the likelihood of, or to prevent future incidents of, abuse, neglect, or exploitation.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-5-1.
Cross References:
Persons required to report child abuse or neglected child -- Intentional failure as misdemeanor, SDCL 26-8A-3.
Oral report of abuse or neglect -- To whom made -- Response report, SDCL 26-8A-8.
67:62:07:04. Grievance procedures. Each center shall establish a policy and procedures for receiving, considering, and responding to client grievances.
The center shall provide, to the client and the client's parent or guardian if the client is under the age of eighteen, a copy of the policy and procedures, in writing or in an accessible format, during intake services. Verification by the client of receipt of the policy and procedures must be placed in the client's clinical record. The grievance policy and procedures must be available in locations where it can be accessed by a client, without making a request to center staff. The policy and procedures must be available to former clients, upon request.
The policy and procedures must include the ability to appeal the center's decision regarding ineligibility or the termination of services to the department, as provided in § 67:62:07:05, and must include the telephone number and address of the department.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-5-1.
67:62:07:05. Appeal of ineligibility or termination of services. A client, a client's parent in the case of a client under the age of eighteen, or a client's guardian, may appeal to the department the center's decision regarding the ineligibility or termination of services. An appeal must be made in writing, to the department, within thirty days of receiving the notice regarding ineligibility or termination of services. The department shall provide a determination within thirty days of receipt of a request for appeal. If the client or the client's parent or guardian is dissatisfied with the department's decision regarding ineligibility or termination of services, the client, the client's parent, or the client's guardian may request a fair hearing by notifying the department, in writing, within thirty days of receiving the department's decision.
While a termination is being appealed, the center shall continue to provide services to the client until a decision is reached, after a hearing pursuant to SDCL chapter 1-26.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-5-1.
67:62:07:06. Time and place of hearing. A fair hearing, by an impartial hearing officer, must be held within ninety days after receiving a request by the client, the client's parent in the case of a client under the age of eighteen, or the client's guardian, if applicable. The impartial hearing officer shall set a time and place for the hearing at the earliest reasonable time. Time extensions may be provided by the impartial hearing officer upon order of the hearing officer or at the request of any of the parties involved if there is no objection to a time extension from any other party involved.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-5-1.
CHAPTER 67:62:08
\r\n\r\n\r\n\r\n
CLINICAL PROCESSES
\r\n\r\n\r\n\r\n67:62:08:01 Client identification\r\ndata.
\r\n\r\n67:62:08:02 Client review of case\r\nrecords.
\r\n\r\n67:62:08:03 Closure and storage of\r\ncase records.
\r\n\r\n67:62:08:04 Admission of returning\r\nclients
\r\n\r\n67:62:08:05 Integrated assessment.
\r\n\r\n67:62:08:06 On-going assessment.
\r\n\r\n67:62:08:07 Treatment plan.
\r\n\r\n67:62:08:08 Treatment plan review --\r\nSix month review.
\r\n\r\n67:62:08:09 Supervisory reviews.
\r\n\r\n67:62:08:10 Crisis intervention\r\nplans.
\r\n\r\n67:62:08:11 Transition planning.
\r\n\r\n67:62:08:12 Progress notes.
\r\n\r\n67:62:08:13 Group therapy progress\r\nnotes.
\r\n\r\n67:62:08:14 Transfer or discharge\r\nsummary.
\r\n\r\n\r\n\r\n67:62:08:01. Client identification data. Each center shall establish a policy and procedures to collect and record client identification data, at the time of admission or as soon after admission as possible, and on an annual basis thereafter. Client identification data must be kept in the clinical record. Client identification data is:
(1) Name, street address, and telephone number of the client;
(2) Date of birth, gender, and race or ethnic origin of the client;
(3) Unique identification number of the client;
(4) Referral source;
(5) Service start date;
(6) Outcome measures;
(7) Data for the state management information system; and
(8) Any other client information required by the department.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:08:02. Client review of case records. Each center shall establish a written policy and procedures to govern a client's access to the client's case records. The policy and procedures must specify any conditions or restrictions on client access and must be available to the client, upon request.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:08:03. Closure and storage of case records. The center shall establish a policy and procedures to ensure the closure and storage of case records upon the completion or termination of a treatment program. The policy and procedures must:
(1) Identify, by position or title, the staff members who are responsible for the closure of case records within the agency and the management information system;
(2) Provide for the closure of case records belonging to clients who have had no contact, by phone or by person, with the agency for a time period no longer than six months; and
(3) Provide for the safe storage of case records for at least six years from the closure.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:08:04. Admission of returning clients. The center shall establish a policy and procedures to promote the continuity of care for a client who is readmitted. The procedures must show staff how to complete a new agency case record and new admission record in the management information system.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:08:05. Integrated assessment. A mental health staff member shall meet with the client and, if appropriate, the client's family if appropriate, to complete an integrated assessment, within thirty days of the first day the intake process begins. The integrated assessment must include both functional and diagnostic components. For a client under the age of eighteen, the mental health staff must obtain permission from the parent or guardian to meet with the child, and at least one parent or guardian must participate in the assessment. The assessment must contain:
(1) Strengths of the client and the client's family, if appropriate, as well as previous periods of success, the strengths that contributed to that success, and the identification of potential resources within the family, if applicable;
(2) Presenting problems or issues that indicate a need for mental health services;
(3) Identification of readiness for change regarding problem areas, including motivation and supports for making such changes;
(4) Current substance use and relevant treatment history of any previous mental health and substance use disorder or gambling treatment, and periods of success, psychiatric hospital admissions, psychotropic and other medications, relapse history or potential for relapse, physical illness, and hospitalization;
(5) Relevant family history, including family relationship dynamics and family psychiatric and substance abuse history;
(6) Family and relationship issues, along with social needs;
(7) Educational history and needs;
(8) Legal issues;
(9) Living environment or housing;
(10) Safety needs and risks with regard to physical acting out, health conditions, acute intoxication, or withdrawal;
(11) Past or current indications of trauma or domestic violence;
(12) Vocational and financial history and needs;
(13) Behavioral observations or mental status;
(14) Formulation of a diagnosis, including documentation of co-occurring medical, developmental disability, mental health, substance use disorder, or gambling issues, or a combination of these based on integrated screening;
(15) Eligibility determination for mental health services based on a serious mental illness or serious emotional disturbance, and a level of care determination for substance use services, or both;
(16) Clinician's signature and credentials, and the date; and
(17) Clinical supervisor's signature and credentials, and the date, to verify review of the assessment and if there is agreement with:
(a) The initial diagnosis; or
(b) The formulation of the initial diagnosis, if the staff member conducting the integrated assessment does not have the education or training to make a diagnosis.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:08:06. On-going assessment. The center shall maintain and document an on-going assessment and identify any changes in the client's needs and strengths throughout treatment. The on-going assessment must be documented in the client's progress notes or case record.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:08:07. Treatment plan. The initial treatment plan must be completed within thirty days of the first day the intake process begins and must include the mental health staff's signature and credentials, the date of the signature, and the clinical supervisor's signature and credentials, if the mental health staff member does not meet the criteria of a clinical supervisor, as defined in § 67:62:01:01. Evidence of the client's or the client's parent or guardian's participation and meaningful involvement in formulating the plan must be documented in the client's clinical record.
The treatment plan must:
(1) Contain goals or objectives which are individualized, clear, specific, and measurable, so that both the client and the mental health staff can determine when progress has been made;
(2) Address multiple client needs, if applicable, that are relevant to the client's mental health treatment;
(3) Include interventions that match the client's readiness for change with respect to identified issues; and
(4) Be understandable by the client and the client's parent or guardian, if applicable.
A copy of the treatment plan must be provided to the client, and to the client's parent or guardian if applicable.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:08:08. Treatment plan review -- Six month review. A mental health staff member shall review the treatment plan at least once every six months and update, if needed. The treatment plan review must include documentation of any progress made toward treatment goals or objectives, significant changes to the treatment goals or objectives, and a justification for a continuation of mental health services. Treatment plan reviews may be documented in the progress notes or case record. Changes in the client's treatment plan goals or objectives must be documented in the treatment plan. Treatment plan reviews must include the mental health staff's signature and credentials, and the date.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:08:09. Supervisory reviews. Staff meeting clinical supervisory criteria as defined in § 67:62:01:01, shall annually conduct at least one of the client's treatment plan reviews. This review must include documentation of:
(1) Progress made toward treatment goals or objectives;
(2) Significant changes to the treatment goals or objectives;
(3) Justification for the continuation of mental health services; and
(4) Assessment of the need for additional services or changes in services, if applicable.
This review qualifies as a six month review, pursuant to § 67:62:08:08. The annual supervisory review must include the clinical supervisor's signature and credentials, and the date.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:08:10. Crisis intervention plans. Crisis intervention planning must be provided to any client who has safety issues or risks, or has frequent crisis situations or recurrent hospitalizations. Crisis intervention planning must be offered to any client who may need assistance to prevent:
(1) Hospitalization;
(2) Out of home placement;
(3) Homelessness;
(4) Becoming a danger to oneself or others; or
(5) Involvement with the criminal justice system.
Crisis intervention plans must be developed in partnership with the client, if possible, in partnership with the client's parent, if the client is under the age of eighteen, or in partnership with the client's guardian, if any. Crisis intervention plans must include interventions specific to the client, and address issues relative to co-occurring disorders.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:08:11. Transition planning. Transition planning must be provided to clients moving to a different service, leaving services, or for youth nearing adulthood. Goals related to transition planning must be included in the clinical documentation, either as part of the treatment plan or as a separate transition plan.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:08:12. Progress notes. A mental health staff member must record progress notes in the client's case record that substantiate all services provided. A mental health staff member must document the counseling sessions with the client, summarize significant events occurring, and reflect goals and problems relevant during the session, and any progress in achieving those goals and addressing the problems in the progress notes. A mental health staff member must also include attention to any co-occurring disorder as it relates to the client's mental disorder in the progress notes.
A progress note must be included in the client's clinical record for each billable service provided. Progress notes must include the following for the services to be billed:
(1) Information identifying the client receiving services, including the client's name and unique identification number;
(2) The date, location, time met, the units of service of the session, and the duration of the session;
(3) The service activity code or the title describing the service code;
(4) A brief assessment of the client's functioning;
(5) A description of what occurred during the session, including the specific action taken or plan developed to address unresolved issues for the purpose of achieving treatment goals or objectives;
(6) A brief description of what the client and the provider plan to work on during the next session and work that may occur between sessions, if applicable; and
(7) The signature and credentials of the staff providing the service.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:08:13. Group therapy progress notes. One progress note may be recorded for each group therapy session, if the note includes specific information for each client participating in the group. Group progress notes must contain:
(1) Information identifying each client receiving services, including the client's name and unique identification number;
(2) The date, location, time met, the units of service of the counseling session, and the duration of the session;
(3) The service activity code or the title describing the service code;
(4) A brief assessment of each client's functioning;
(5) A description of what occurred during the session, including the specific action taken or plan developed to address unresolved issues for the purpose of achieving treatment goals or objectives for each client;
(6) A brief description of what each client and the provider plan to work on during the next session and any work that may occur between sessions, if applicable; and
(7) The signature and credentials of the staff providing the service.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:08:14. Transfer or discharge summary. A transfer or discharge summary must be completed within five working days after termination or discontinuation of services. A transfer or discharge summary of the client's problems, course of treatment, and progress toward planned goals and objectives identified in the treatment plan must be maintained in the client case record. A policy and procedures must be in place to ensure that the transfer or discharge is completed in the management information system.
If a client prematurely discontinues services, reasonable attempts must be made by the center to re-engage the client into services, if appropriate. The attempts made must be documented in the client's clinical record.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
CHAPTER 67:62:09
\r\n\r\n\r\n\r\n
ENVIRONMENTAL\r\nSANITATION SAFETY AND FIRE PREVENTION
\r\n\r\n\r\n\r\n67:62:09:01 Safety and sanitation\r\nplan.
\r\n\r\n67:62:09:02 Life safety codes.
\r\n\r\n\r\n\r\n67:62:09:01. Safety and sanitation plan. For each setting in which the center provides services, there must be a health, safety, sanitation, and disaster plan that ensures the health and safety of the individuals served. The plan must provide procedures for:
(1) Responding to a medical emergency;
(2) Responding to fire and natural disasters, including evacuation plans;
(3) Training and regularly scheduled drills for fire and natural disasters;
(4) Responding to communicable diseases; and
(5) Ensuring sanitation of all settings in which services are provided.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:09:02. Life safety codes. Each building the center owns, rents, or leases must comply with applicable fire safety standards, as set forth in the 2012 edition of the NFPA 101 Life Safety Code. An automatic sprinkler system is not required in an existing facility, unless significant renovation or remodeling occurs. An existing automatic sprinkler system must remain in service.
New construction, renovations, additions, and changes of space must comply with NFPA 101 Life Safety Code, 2012 edition. Each facility must also comply with the building construction standards of the International Building Code, 2012 edition.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
Reference: NFPA 101 Life Safety Code, 2012, National Fire Protection Association. Copies may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471; https://catalog.nfpa.org/NFPA-101-Life-Safety-Code-P1220.aspx; Phone: 1-800-344-3555. Cost $171.00;
International Building Code, 2012 edition. Copies may be obtained from International Conference of Building Officials, Phone 1-800-786-4452. Order@iccsafe.org Cost: $89.00.
CHAPTER 67:62:10
\r\n\r\n\r\n\r\n
OUTPATIENT\r\nSERVICES
\r\n\r\n\r\n\r\n67:62:10:01 Eligibility criteria.
\r\n\r\n67:62:10:02 Services provided.
\r\n\r\n67:62:10:03 Reimbursable services.
\r\n\r\n67:62:10:04 Nonreimbursable\r\nservices.
\r\n\r\n\r\n\r\n67:62:10:01. Eligibility criteria. Individuals are eligible for outpatient clinic services if they have a mental disorder, with the exception of:
(1) Substance-related and addictive disorders; and
(2) Developmental disabilities unless they co-occur with another diagnosable mental disorder.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:10:02. Services provided. Each center shall make the following outpatient services available to clients:
(1) Integrated assessment, evaluation, and screening;
(2) Individual therapy;
(3) Group therapy;
(4) Family therapy;
(5) Psychiatric services, with the primary purpose of prescribing, or reviewing a client's use of, pharmaceuticals, including psychiatric assessments, treatment, and prescription of pharmacotherapy; and
(6) Collateral contacts.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:10:03. Reimbursable services. Reimbursable services are limited to face-to-face and telehealth contacts for the purpose of providing comprehensive mental health treatment pursuant to § 67:62:10:02.
Source: 43 SDR 80, effective December 5, 2016; 48 SDR 14, effective August 22, 2021.
General Authority: SDCL 1-36-25(1), 27A-5-1(2)(3).
Law Implemented: SDCL 1-36-25, 27A-3-1, 27A-5-1.
67:62:10:04. Nonreimbursable services. The following are nonreimbursable under this chapter:
(1) Vocational counseling and vocational training in a classroom or at a job site;
(2) Academic educational services;
(3) Services that are solely recreational in nature;
(4) Services provided to clients who are in psychiatric residential treatment facilities or institutions for mental disease;
(5) Services provided to clients who are in detoxification centers;
(6) Services provided to clients who are incarcerated in a correctional facility;
(7) Services provided to clients who are in juvenile detention facilities; and
(8) Transportation services.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
CHAPTER 67:62:11
CHILD OR YOUTH AND FAMILY SERVICES
67:62:11:01 Eligibility criteria.
67:62:11:02 Services provided.
67:62:11:03 Reimbursable services.
67:62:11:04 Nonreimbursable services.
67:62:11:01. Eligibility criteria. To be eligible for services under § 67:62:11:02, the clinical record must contain documentation that indicates:
(1) At least one child in the family under the age of eighteen meets the criteria of serious emotional disturbance, as provided in SDCL 27A-15-1.1; or
(2) At least one youth who is eighteen years of age or older, but less than twenty-one years of age, needs a continuation of services started before the age of eighteen, in order to realize specific goals, or assist in the transition to adult services, and meets the criteria of serious emotional disturbance, provided in SDCL subdivisions 27A-15-1.1(2)(3)(4) and (5).
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:11:02. Services provided. Services may be provided in a location preferred by the child or youth and the child or youth's parent or guardian, including settings outside of the center.
Services may be provided within an integrated system of care. The parents or guardian and family, of the child or youth with serious emotional disturbance, may be full participants in the planning, delivery, and evaluation of services.
Services must be provided according to the individualized needs and strengths of the child or youth and the child or youth's family or guardian, and must be responsive to cultural differences and special needs of the child, youth, or family. The following child or youth and family services must be provided by the center according to the individualized needs of each child or youth:
(1) Integrated assessment, evaluation, and screening;
(2) Case management;
(3) Individual therapy;
(4) Group therapy;
(5) Parent or guardian group therapy;
(6) Family education, support, and therapy;
(7) Crisis assessment and intervention services, with twenty-four hour per day and seven day per week availability;
(8) Psychiatric services with the primary purpose of prescribing, or reviewing a client's use of, pharmaceuticals, including psychiatric assessments, treatment, and prescription of pharmacotherapy;
(9) Psychiatric nursing services, including components of physical assessment, medication assessment and monitoring, and medication administration for clients unable to self-administer their medications;
(10) Collateral contacts; and
(11) Liaison services, to facilitate treatment planning and coordination of services between mental health and other entities.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:11:03. Reimbursable services. Reimbursable services are limited to face-to-face and telehealth contacts for the purpose of providing comprehensive mental health treatment pursuant to the services listed in subdivisions 67:62:11:02 (1) through (10).
Source: 43 SDR 80, effective December 5, 2016; 48 SDR 14, effective August 22, 2021.
General Authority: SDCL 1-36-25(1), 27A-5-1(3).
Law Implemented: SDCL 1-36-25, 27A-3-1, 27A-5-1.
67:62:11:04. Nonreimbursable services. The following are nonreimbursable under this chapter:
(1) Vocational counseling and vocational training in a classroom or at a job site;
(2) Academic educational services;
(3) Services that are solely recreational in nature;
(4) Services for a client, other than an eligible child or youth with serious emotional disturbance and the child or youth's family;
(5) Services provided to clients who are in psychiatric residential treatment facilities;
(6) Services provided to clients who are in inpatient psychiatric hospitals;
(7) Services provided to clients who are in detoxification centers;
(8) Services provided to clients who are incarcerated in a correctional facility;
(9) Services provided to clients who are in juvenile detention facilities; and
(10) Transportation services.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
CHAPTER 67:62:12
COMPREHENSIVE ASSISTANCE WITH RECOVERY
AND EMPOWERMENT
67:62:12:01 Eligibility criteria
67:62:12:02 Services provided.
67:62:12:03 Reimbursable services.
67:62:12:04 Nonreimbursable services.
67:62:12:01. Eligibility criteria. To be eligible for comprehensive assistance with recovery and empowerment services, a client must be at least eighteen years of age and:
(1) The client must have one of the following:
(a) Undergone psychiatric treatment more intensive than outpatient care and more than once in the client's lifetime;
(b) Experienced a single episode of psychiatric hospitalization with a diagnosis of a major mental disorder;
(c) Been treated with psychotropic medication for at least one year; or
(d) Had frequent crisis contact with a community mental health center, or another mental health provider, for more than six months as a result of a mental illness; and
(2) Meet three of the following:
(a) The client must be unemployed or have markedly limited job skills or poor work history;
(b) The client must exhibit inappropriate social behavior that results in concern by the community or requests for mental health or legal intervention;
(c) The client must be unable to obtain public services without assistance;
(d) The client must require public financial assistance for out-of-hospital maintenance, must have difficulty budgeting public financial assistance, or must require ongoing training in budgeting skills or require a payee;
(e) The client must lack social support systems in a natural environment, live alone, or be isolated; or
(f) The client must be unable to perform basic daily living skills without assistance.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:12:02. Services provided. Services may be provided in a location preferred by the client, including settings outside of the center.
Services may be provided within an integrated system of care. Services must be provided according to the individualized needs and strengths of the client and must be responsive to cultural differences and special needs of the client. The following comprehensive assistance with recovery and empowerment services must be provided by the center according to the individualized needs of the client:
(1) Integrated assessment, evaluation, and screening;
(2) Crisis assessment and intervention services, with twenty-four hour per day and seven day per week availability;
(3) Case management services;
(4) Psychiatric services, with the primary purpose of prescribing or reviewing a client's use of pharmaceuticals, including psychiatric assessments, treatment, and prescription of pharmacotherapy;
(5) Psychiatric nursing services, including components of physical assessment, medication assessment and monitoring, and medication administration;
(6) Symptom assessment and management, including medication monitoring and education;
(7) Individual therapy or counseling;
(8) Group therapy;
(9) Recovery support services;
(10) Direct assistance to ensure ongoing opportunities for the client to obtain the basic necessities of daily life and perform basic daily living activities;
(11) Psychosocial rehabilitation services provided on an individual or group basis, to assist the client with gaining or relearning self-care, interpersonal, and community living skills needed to live independently, sustain psychiatric stability, and progress towards recovery;
(12) Liaison services, to facilitate treatment planning and coordination of services between mental health and other entities;
(13) Encouragement for the active participation of family and a supportive social network; and
(14) Collateral contacts.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-5-1.
67:62:12:03. Reimbursable services. Reimbursable services are limited to face-to-face and telehealth contacts for the purpose of providing comprehensive treatment, rehabilitation, and support services listed in subdivisions 67:62:12:02(1) through (11).
With the exception of psychiatric services, billable contacts under the comprehensive assistance with recovery and empowerment services daily rate are limited to one contact per client per day even though multiple contacts may take place.
Source: 43 SDR 80, effective December 5, 2016; 48 SDR 14, effective August 22, 2021.
General Authority: SDCL 1-36-25(1), 27A-5-1(3).
Law Implemented: SDCL 1-36-25, 27A-5-1.
67:62:12:04. Nonreimbursable services. The following are nonreimbursable under this chapter:
(1) Vocational counseling and vocational training in a classroom or at a job site;
(2) Academic educational services;
(3) Services that are solely recreational in nature;
(4) Services for individuals other than eligible clients;
(5) Services delivered by telephone or through other non-face-to-face contact;
(6) Services provided in an institution for mental disease;
(7) Services provided to clients who are in detoxification centers;
(8) Services provided to clients who are incarcerated in correctional facilities; and
(9) Transportation services.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
CHAPTER 67:62:13
INDIVIDUALIZED MOBILE PROGRAMS OF ASSERTIVE COMMUNITY TREATMENT
67:62:13:01 Eligibility criteria.
67:62:13:02 Services provided by a center.
67:62:13:03 Requirement for designation and duties of primary provider.
67:62:13:04 Individualized and mobile program of assertive community treatment team duties.
67:62:13:05 Individualized and mobile program of assertive community treatment team meetings.
67:62:13:06 Monthly treatment planning and review meetings.
67:62:13:07 Reimbursable services.
67:62:13:08 Nonreimbursable services.
67:62:13:01. Eligibility criteria. To be eligible for individualized and mobile program of assertive community treatment (IMPACT) services, a client must be eighteen years of age or older, meet the serious mental illness criteria pursuant to § 67:62:12:01, and the following:
(1) The client must have a medical necessity to receive IMPACT services, as determined by a clinical supervisor;
(2) The client must be approved by the department to receive IMPACT services;
(3) The client must understand the IMPACT model and voluntarily consent to receive IMPACT services or, must be under a transfer of commitment from the Human Services Center;
(4) No other appropriate community-based mental health service is available for the client; and
(5) The client must meet four of the following:
(a) Have persistent or recurrent difficulty performing daily living tasks, except with significant support or assistance from friends, family, relatives, community mental health providers, or others;
(b) Have frequent psychiatric inpatient hospitalizations within the past year;
(c) Have constant or cyclical turmoil with family, social, or legal systems or inability to integrate successfully into the community;
(d) Reside in an inpatient facility, jail, prison, or residential facility and be clinically assessed as able to live in a more independent living situation, if intensive services are provided;
(e) Have an imminent threat of losing housing or becoming homeless; or
(f) Be likely to need residential or institutional placement if more intensive community-based services are not provided.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:13:02. Services provided by a center. A center may provide services in a location preferred by a client, including settings outside the center.
A center may provide services within an integrated system of care. A center must provide services according to the individualized needs and strengths of the client and must be responsive to cultural differences and special needs of the client. The following individualized and mobile program of assertive community treatment (IMPACT) services must be provided according to the individualized needs of the client:
(1) Integrated assessment, evaluation, and screening;
(2) Crisis assessment and intervention services, with twenty-four hour per day and seven day per week availability;
(3) Case management;
(4) Psychiatric services, with the primary purpose of prescribing or reviewing a client's use of pharmaceuticals, including psychiatric assessments, treatment, and prescription of pharmacotherapy;
(5) Psychiatric nursing services, including components of physical assessment, medication assessment and monitoring, and medication administration;
(6) Symptom assessment and management, including medication monitoring and education;
(7) Individual therapy or counseling;
(8) Group therapy;
(9) Recovery support services;
(10) Direct assistance to ensure ongoing opportunities for the client to obtain the basic necessities of daily life and perform basic daily living activities;
(11) Psychosocial rehabilitative services provided on an individual or group basis, to assist the client with gaining or relearning self-care, interpersonal, and community living skills needed to live independently, sustain psychiatric stability, and progress towards recovery;
(12) Liaison services, to facilitate treatment planning and coordination of services between mental health and other entities;
(13) Encouragement for the active participation of family and a supportive social network; and
(14) Collateral contacts.
For IMPACT services, there must be at least one primary therapist for every twelve clients served. A center must provide clients with an annual average of sixteen contacts per month with IMPACT staff and more, if clinically appropriate.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:13:03. Requirement for designation and duties of primary provider. A primary provider must be designated for each client in the individualized and mobile program of assertive community treatment (IMPACT) program. The designation must be made by the clinical supervisor, be in writing, and be included in the client's clinical record. The designation must be updated as client or personnel needs require. Each IMPACT program must have a backup policy to be implemented when a primary provider is not available to serve a client's needs. The primary provider duties include:
(1) Maintaining an orderly and complete clinical record for the client that contains:
(a) Documentation showing that written assessments for the client are completed;
(b) A current case service plan; and
(c) Documentation of services and client responses to treatments; and
(2) Conducting and participating in treatment planning and case conferences with other staff of the IMPACT program and with others authorized by the client.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:13:04. Individualized and mobile program of assertive community treatment team duties. The duties of the individualized and mobile program of assertive community treatment (IMPACT) team include:
(1) Maintaining a therapeutic alliance with the client;
(2) Referring and linking the client to all needed services provided outside of the IMPACT program;
(3) Ensuring that all needed services provided outside of the IMPACT program are received and monitoring the benefit of those services to the client;
(4) Coordinating face-to-face meetings with the client, at least one time per week, and an annual minimum average of sixteen contacts per month with IMPACT team members;
(5) Coordinating the provision of IMPACT emergency services and hospital liaison services, if the client is in a crisis;
(6) Coordinating overall independent living assistance services, and working with community agencies to develop needed resources including housing, employment options, and income assistance;
(7) Supporting and consulting with the client's family or other support network; and
(8) Acting as a client advocate.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:13:05. Individualized and mobile program of assertive community treatment team meetings. The individualized and mobile program of assertive community treatment team shall meet, at a minimum, two times per week, to review client contacts and client status, and to plan for responses to additional client needs as they arise. The clinical supervisor, or other staff designated by the clinical supervisor, shall lead the meetings, and keep a written log of meeting discussions, dates, and participants.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:13:06. Monthly treatment planning and review meetings. An individualized and mobile program of assertive community treatment team shall meet monthly to conduct treatment planning and review meetings. The clinical supervisor, or other staff designated by the clinical supervisor, shall lead the monthly meetings, keep a written log of meeting dates and participants, and maintain a schedule of upcoming meetings.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
67:62:13:07. Reimbursable services. Reimbursable services are limited to face-to-face and telehealth contacts for the purpose of providing comprehensive treatment, rehabilitation, and support services listed in subdivisions 67:62:13:02(1) through (11).
With the exception of psychiatric services, billable contacts under the individualized and mobile program of assertive community treatment daily rate are limited to one contact per client per day even through multiple contacts may take place.
Source: 43 SDR 80, effective December 5, 2016; 48 SDR 14, effective August 22, 2021.
General Authority: SDCL 1-36-25(1), 27A-5-1(3).
Law Implemented: SDCL 1-36-25, 27A-3-1, 27A-5-1.
67:62:13:08. Nonreimbursable services. The following are nonreimbursable under this chapter:
(1) Vocational counseling and vocational training in a classroom or at a job site;
(2) Academic educational services;
(3) Services solely recreational in nature;
(4) Services for individuals other than eligible clients;
(5) Services delivered by telephone or through other non-face-to-face contact;
(6) Services provided in an institution for mental disease;
(7) Services provided to clients who are in detoxification centers;
(8) Services provided to clients who are incarcerated in correctional facilities; and
(9) Transportation services.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 1-36-25, 27A-5-1.
Law Implemented: SDCL 27A-3-1, 27A-5-1.
CHAPTER 67:62:14
QUALIFIED MENTAL HEALTH PROFESSIONAL
67:62:14:01 Training required for commitment process.
67:62:14:02 Registration for training -- Fee.
67:62:14:03 Content of training exam.
67:62:14:04 Training requirements.
67:62:14:05 Continued eligibility contingent upon qualified mental health professional status.
67:62:14:06 Renewal of eligibility -- Fee.
67:62:14:07 Reinstatement of lapsed eligibility.
67:62:14:08 Notice of department action.
67:62:14:09 Appeal of department decision.
67:62:14:01. Training required for commitment process. A qualified mental health professional, except a physician licensed pursuant to SDCL chapter 36-4, shall participate in training and pass an examination, in order to complete examinations that are part of the commitment process under SDCL 27A-10-6, in accordance with SDCL 27A-1-7.
Training and examinations may be held in person or via an online course available through the department.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-1-9.
Law Implemented: SDCL 27A-1-3, 27A-1-7, 27A-1-9.
67:62:14:02. Registration for training -- Fee. A qualified mental health professional (QMHP) shall register with the department for training, prior to performing the examination of a detained person, in accordance with SDCL 27A-10-6, and submit a fee to be determined by the department. The registration must contain:
(1) The QMHP's name and address;
(2) The QMHP's current employer, or place of practice, with address and telephone number;
(3) Verification of the hours, duration, setting, and content of the supervision for their professional licensure level to demonstrate their qualifications as a QMHP, as listed in SDCL 27A-1-3; and
(4) A copy of the QMHP's South Dakota professional license or certificate.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-1-9.
Law Implemented: SDCL 27A-1-9.
\r\n\r\n
Source:\r\n43
General\r\nAuthority: SDCL 27A-1-9.
\r\n\r\nLaw\r\nImplemented: SDCL 27A-1-9.
\r\n\r\n\r\n\r\n
67:62:14:05. Continued eligibility contingent upon qualified mental health professional status. An individual who has completed the required commitment process training must continue to meet the requirements of a qualified mental health professional, in accordance with SDCL 27A-1-3, in order to remain eligible to perform the examination of a detained person, in accordance with SDCL 27A-10-6.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-1-9.
Law Implemented: SDCL 27A-1-3, 27A-1-9, 27A-10-6.
67:62:14:06. Renewal of eligibility -- Fee. A qualified mental health professional (QMHP) shall register with the department for renewal of eligibility. A QMHP may register for renewal anytime during the year before the QMHP's current eligibility ends. A renewal registration must contain:
(1) The QMHP's name and address;
(2) The QMHP's current employer, or place of practice, with address and telephone number;
(3) A copy of the QMHP's outh Dakota professional license or certificate; and
(4) The renewal fee, as determined by the department.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-1-9.
Law Implemented: SDCL 27A-1-9.
67:62:14:07. Reinstatement of lapsed eligibility. A qualified mental health professional who fails to register for a renewal of eligibility before the end of the current eligibility period, may register for a reinstatement of eligibility by:
(1) Submitting a copy of the individual's South Dakota professional license or certificate;
(2) Paying the renewal fee, as determined by the department; and
(3) Completing the training and passing the examination, pursuant to § 67:62:14:01.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-1-9.
Law Implemented: SDCL 27A-1-3, 27A-1-9.
67:62:14:08. Notice of department action. The department shall either approve or deny the registration for eligibility or the registration for renewal of eligibility. The department shall notify the qualified mental health professional applying for registration of the department's action, within an annual average of ten working days, following the registration, eligibility examination, or receipt of the registration for renewal. If the department denies eligibility of renewal, the specific reasons for denial must be stated in the notice.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-1-9.
Law Implemented: SDCL 27A-1-9.
67:62:14:09. Appeal of department decision. A qualified mental health professional whose eligibility renewal is denied may request a fair hearing by notifying the department, by certified mail, within ten calendar days of receipt of the department's decision. The hearing must be conducted pursuant to SDCL chapter 1-26.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.
General Authority: SDCL 27A-1-9.
Law Implemented: SDCL 27A-1-9.
CHAPTER 67:62:15
PREADMISSION SCREENING AND RESIDENT REVIEW
(Repealed)
67:62:15:01 Definitions, Repealed.
67:62:15:02 Level I screening, Repealed.
67:62:15:03 Level II review exemptions, Repealed.
67:62:15:04 Exempt hospital discharge, Repealed.
67:62:15:05 Categorical determinations for Level I, Repealed.
67:62:15:06 Level II review, Repealed.
67:62:15:07 Level II determination -- Data requirements, Repealed.
67:62:15:08 Determination of services, Repealed.
67:62:15:09 Determination of specialized mental health services, Repealed.
67:62:15:10 Timeliness of determinations of Level II review, Repealed.
67:62:15:11 Notification of Level II determination, Repealed.
67:62:15:12 Determination may not be countermanded, Repealed.
67:62:15:13 Appeal of ineligibility of Level II determination, Repealed.
67:62:15:14 Length of stay, Repealed.
67:62:15:15 Individuals not requiring swing bed or nursing facility services but requiring mental health services -- 30 month determination, Repealed.
67:62:15:16 Significant change, Repealed.
67:62:15:17 New admission and readmission, Repealed.
67:62:15:18 Interfacility transfers, Repealed.
67:62:15:19 Out of state placement, Repealed.
67:62:15:01. Definitions. Repealed.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023; 52 SDR 41, effective October 27, 2025.
67:62:15:02. Level I screening. Repealed.
Source: 43 SDR 80, effective December 5, 2016; 52 SDR 41, effective October 27, 2025.
67:62:15:03. Level II review exemptions. Repealed.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023; 52 SDR 41, effective October 27, 2025.
67:62:15:04. Exempt hospital discharge. Repealed.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023; 52 SDR 41, effective October 27, 2025.
67:62:15:05 Categorical determinations for Level I. Repealed.
Source: 43 SDR 80, effective December 5, 2016; 52 SDR 41, effective October 27, 2025.
67:62:15:06. Level II review. Repealed.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023; 52 SDR 41, effective October 27, 2025.
67:62:15:07. Level II determination -- Data requirements. Repealed.
Source: 43 SDR 80, effective December 5, 2016; 52 SDR 41, effective October 27, 2025.
67:62:15:08. Determination of services. Repealed.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023; 52 SDR 41, effective October 27, 2025.
67:62:15:09. Determination of specialized mental health services. Repealed.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023; 52 SDR 41, effective October 27, 2025.
67:62:15:10. Timeliness of determinations of Level II review. Repealed.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023; 52 SDR 41, effective October 27, 2025.
67:62:15:11. Notification of Level II determination. Repealed.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023; 52 SDR 41, effective October 27, 2025.
67:62:15:12. Determination may not be countermanded. Repealed.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023; 52 SDR 41, effective October 27, 2025.
67:62:15:13. Appeal of ineligibility of Level II determination. Repealed.
Source: 43 SDR 80, effective December 5, 2016; 52 SDR 41, effective October 27, 2025.
67:62:15:14. Length of stay. Repealed.
Source: 43 SDR 80, effective December 5, 2016; 52 SDR 41, effective October 27, 2025.
67:62:15:15. Individuals not requiring swing bed or nursing facility services but requiring mental health services -- 30 month determination. Repealed.
Source: 43 SDR 80, effective December 5, 2016; 52 SDR 41, effective October 27, 2025.
67:62:15:16. Significant change. Repealed.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023; 52 SDR 41, effective October 27, 2025.
67:62:15:17. New admission and readmission. Repealed.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023; 52 SDR 41, effective October 27, 2025.
67:62:15:18. Interfacility transfers. Repealed.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023; 52 SDR 41, effective October 27, 2025.
67:62:15:19. Out of state placement. Repealed.
Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023; 52 SDR 41, effective October 27, 2025.