Within twenty–four hours after the apprehension of any person who allegedly requires emergency intervention under § 27A-10-2 or 27A-10-3, a hold is initiated on the person pursuant to § 27A-8-10.1, or a petition is filed pursuant to § 27A-8-11.2, a qualified mental health professional designated by the chair of the county board of mental illness serving the area where the person is detained, other than the qualified mental health professional who brought the petition or initiated the hold, shall perform an examination, including a mental status examination, on the person. The examination may be conducted either in person or through real-time interactive audio and video. The qualified mental health professional shall perform the examination for each twenty-four-hour period during which the person is detained.

Preceding each examination, the qualified mental health professional shall identify herself or himself to the person and explain the nature and purpose of the examination, including that the examination is being performed to assist in the determination of whether the person should continue to be detained and that the examination may be used as evidence in an involuntary commitment hearing. The qualified mental health professional shall immediately report the findings from each examination performed under this section to the chair of the county board of mental illness.

The referring county shall pay any expenses of the examination by the qualified mental health professional, subject to reimbursement by the county ultimately proven to be the county of residence. No lien may be placed against the person for the costs incurred in the qualified mental health professional examination.

Source: SL 1974, ch 184, § 5; SL 1975, ch 181, § 109; SDCL Supp, § 27-7A-6; SL 1987, ch 198, § 15; SL 1991, ch 220, § 115; SL 1999, ch 143, § 2; SL 2000, ch 129, § 7; SL 2020, ch 111, § 1, eff. Mar. 12, 2020; SL 2020, ch 112, § 1.