S.D. Admin. R. 67:61:06:02

Current through Register Vol. 51, page 67, December 16, 2024

Section 67:61:06:02 - Guaranteed rights

A client has rights guaranteed under the constitution and laws of the United States and the state of South Dakota 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, 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. Part 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.

S.D. Admin. R. 67:61:06:02

43 SDR 80, effective 12/5/2016; 50 SDR 063, effective 11/27/2023

General Authority: SDCL 1-36-25, 34-20A-27.

Law Implemented: SDCL 1-36-25, 34-20A-27(3)(6).