South Dakota Codified Laws 27A-15-47. Oral and written informed consent of minor and parent required for use of psychotropic medication on minor sixteen or older
Except as otherwise provided by this title, psychotropic medication and other treatment may be administered to a minor sixteen years of age or older only with the oral and written informed consent of the minor and the minor’s parent, legal guardian, or custodian. If oral and written consent are unable to be obtained by the facility within a reasonable time, efforts to obtain such consent shall be documented in the minor’s record and either oral or written consent shall then be sufficient for this purpose.
Psychotropic medication may be administered only if prescribed by the minor’s treating psychiatrist upon the psychiatrist’s written determination that the medication is the least restrictive treatment alternative medically necessary for improvement of the minor’s serious emotional disturbance. The informed consent of the minor and the minor’s parent, legal guardian, or custodian and the treating psychiatrist’s determination shall become part of the minor’s medical records. The failure to obtain the informed consent of the minor shall be treated as a refusal of treatment pursuant to § 27A-15-48.
Terms Used In South Dakota Codified Laws 27A-15-47
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
Source: SL 1991, ch 220, § 337; SL 1992, ch 189, § 28; SL 1993, ch 213, § 129; SL 1995, ch 164, § 2; SL 2013, ch 122, § 10.