Terms used in this chapter mean:

(1) “Accredited prevention or treatment facility,” a private or public agency meeting the standards prescribed in § 34-20A-27 or a private or public agency or facility surveyed and accredited by The Joint Commission; an Indian Health Service’s quality assurance review under the Indian Health Service Manual, Professional Standards-Alcohol/Substance Abuse; or the Commission on Accreditation of Rehabilitation Facilities; or the Council on Accreditation; under the drug and alcohol treatment standards incorporated and adopted by the department in rules promulgated pursuant to chapter 1-26, if proof of the accreditation, with accompanying recommendations, progress reports, and related correspondence are submitted to the department in a timely manner;

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(2) “Addiction counselor,” a person licensed or certified as an addiction counselor by the South Dakota Board of Addiction and Prevention Professionals;

(3) “Alcoholic,” a person who habitually lacks self-control as to the use of alcoholic beverages, or uses alcoholic beverages to the extent that the person’s health is substantially impaired or endangered or the person’s social or economic function is substantially disrupted;

(4) “Department,” the Department of Social Services;

(5) “Drug abuser,” a person who habitually lacks self-control as to the use of controlled drugs or substances as defined in § 34-20B-3 to the extent that the person’s health is substantially impaired or endangered or that the person’s social or economic function is substantially disrupted;

(6) “Incapacitated by the effects of alcohol or drugs,” that a person, as a result of the use of alcohol or other drugs, is unconscious, or the person’s judgment is otherwise so impaired that the person is incapable of realizing and making a rational decision with respect to the person’s need for treatment;

(7) “Incompetent person,” a person who has been adjudged incompetent by the circuit court;

(8) “Intoxicated person,” a person who demonstrates diminished mental or physical capacity while under the influence of alcohol or other drugs;

(9) “Prevention,” purposeful activities designed to promote personal growth of a person and strengthen the aspects of the community environment that are supportive to the person in order to preclude, prevent, or impede the development of alcohol or other drug misuse and abuse; and

(10) “Treatment,” the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, that may be extended to a person experiencing problems as a result of the use of alcohol or other drugs.

Source: SL 1974, ch 240, § 2; SL 1981, ch 375, §§ 18, 19; SL 1985, ch 278, § 2; SL 1989, ch 21, § 154; SL 1989, ch 292, § 1; SL 1999, ch 173, § 1; SL 2004, ch 253, § 29; SL 2009, ch 166, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 70, 163, eff. Apr. 12, 2011; SL 2011, ch 159, § 1; SL 2016, ch 15, § 10; SL 2017, ch 153, § 1; SL 2022, ch 108, § 1; SL 2023, ch 94, § 6; SL 2023, ch 117, § 1.