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Home » US Law » 2022 South Dakota Codified Laws » Title 27A - Mentally Ill Persons » Chapter 01 - Definitions And General Provisions » Section 27A-1-19 – Notice to caregiver of resident’s discharge or transfer–Exercise of professional judgment not restricted.

27A-1-19. Notice to caregiver of resident’s discharge or transfer–Exercise of professional judgment not restricted.

A treatment facility shall provide reasonable notice to a caregiver designated under §27A-1-18 of the resident’s discharge or transfer to a different treatment facility prior to the resident’s discharge or transfer. Prior to a resident’s discharge from a treatment facility, the treatment facility shall consult with the resident and the caregiver designated under §27A-1-18 regarding any after-discharge plan, including a description of the resident’s aftercare plan developed under §27A-12-3.7. A treatment facility may not be held liable in any civil action for failure to provide notice under this section.

Nothing in this section prohibits a treatment facility, in the exercise of professional judgment and its experience with common practice to make reasonable inferences of the resident’s best interests, from:

(1)Determining not to disclose any information related to the resident to a caregiver designated under §27A-1-18; and

(2)Disclosing information related to the resident to a caregiver of the treatment facility’s choice.

Source: SL 2019, ch 126, §2.