S.D. Admin. R. 67:62:07:02

Current through Register Vol. 51, page 71, January 6, 2025

Section 67:62:07:02 - 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, as defined in subdivision 67:62:01:01(2), or an employee of the state's designated protection and advocacy system;

(5) The right to confidentiality of all records, correspondence, and information relating to assessment, diagnosis, and treatment, pursuant to SDCL 27A-12-26, and the security and privacy the Health Insurance Portability and Accountability Act, as set forth in 45 C.F.R., Parts 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. 67:62:07:02

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

General Authority: SDCL 27A-5-1.

Law Implemented: SDCL 27A-5-1(4), 27A-12-3.22, 27A-12-26.