South Dakota Codified Laws 34-20A-72. Certificate of physician or addiction counselor–Refusal of examination–Employing facility ineligible to provide treatment–Exception
A petition filed under § 34-20A-70 for a person who is detained under § 34-20A-63 must be accompanied by a certificate of a licensed physician or an addiction counselor who has examined the person within five days before submission of the petition, unless the person has refused to submit to an examination. If the person has refused to submit to an examination, the fact of refusal must be alleged in the petition. If the person refuses the release of examination or certification information, the circuit court shall order the release of the information if good cause is shown.
The certificate must set forth the physician’s or the addiction counselor’s findings in support of the allegations of the petition and a level of care recommendation for substance use treatment.
Terms Used In South Dakota Codified Laws 34-20A-72
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
An admitting facility may not provide treatment to the person whose commitment is sought if the physician or addiction counselor who provides a certificate under this section is employed by the admitting facility, unless the person to be committed requests to receive treatment at the facility.
Source: SL 1974, ch 240, § 12 (a); SL 1985, ch 277, § 23; SL 2012, ch 182, § 1; SL 2016, ch 15, § 18; SL 2023, ch 117, § 9.