Section 27A-12-3.16 - Time limit for court-ordered administration of psychotropicmedication--Review of necessity of treatment--Exception. - South-dakota Statutes

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27A-12-3.16. Time limit for court-ordered administration of psychotropic medication--Review of necessity of treatment--Exception. The court may authorize the administration of psychotropic medication for not more than one year. The court's order shall terminate if the person is judicially restored as competent to consent to or refuse the administration of psychotropic medication or if the person's treating physician or the medical director of the facility or, if the facility does not have a medical director, a consulting psychiatrist determines that the administration of psychotropic medication is no longer necessary under the criteria set forth in § 27A-12-3.13. Transfer from inpatient to outpatient treatment while the person is under an order of involuntary commitment does not, in itself, terminate the court's order. The necessity of treatment with psychotropic medication shall be reviewed and approved under the criteria in § 27A-12-3.13 at least every thirty days by the treating physician and the medical director of the facility or, if the facility does not have a medical director, a consulting psychiatrist after a personal examination of the person. If the consulting psychiatrist was the person's treating physician while the person was a patient at the Human Services Center, a personal examination need not take place as part of the review. If the treating physician or the medical director or consulting psychiatrist determines that the medication is no longer necessary under the criteria in § 27A-12-3.13, the court's order shall terminate. A copy of the results of the personal examination and the determinations of the treating physician and the medical director or consulting psychiatrist shall be made part of the person's medical records.

Source: SL 1989, ch 237, §§ 8-10; SL 1991, ch 220, § 209; SDCL Supp, §§ 27A-12-11.10--27A-12-11.12; SL 1995, ch 163, § 3; SL 1999, ch 141, § 1.

State Codes and Statutes

Statutes > South-dakota > Title-27a > Chapter-12 > Statute-27a-12-3-16

27A-12-3.16. Time limit for court-ordered administration of psychotropic medication--Review of necessity of treatment--Exception. The court may authorize the administration of psychotropic medication for not more than one year. The court's order shall terminate if the person is judicially restored as competent to consent to or refuse the administration of psychotropic medication or if the person's treating physician or the medical director of the facility or, if the facility does not have a medical director, a consulting psychiatrist determines that the administration of psychotropic medication is no longer necessary under the criteria set forth in § 27A-12-3.13. Transfer from inpatient to outpatient treatment while the person is under an order of involuntary commitment does not, in itself, terminate the court's order. The necessity of treatment with psychotropic medication shall be reviewed and approved under the criteria in § 27A-12-3.13 at least every thirty days by the treating physician and the medical director of the facility or, if the facility does not have a medical director, a consulting psychiatrist after a personal examination of the person. If the consulting psychiatrist was the person's treating physician while the person was a patient at the Human Services Center, a personal examination need not take place as part of the review. If the treating physician or the medical director or consulting psychiatrist determines that the medication is no longer necessary under the criteria in § 27A-12-3.13, the court's order shall terminate. A copy of the results of the personal examination and the determinations of the treating physician and the medical director or consulting psychiatrist shall be made part of the person's medical records.

Source: SL 1989, ch 237, §§ 8-10; SL 1991, ch 220, § 209; SDCL Supp, §§ 27A-12-11.10--27A-12-11.12; SL 1995, ch 163, § 3; SL 1999, ch 141, § 1.

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State Codes and Statutes

Statutes > South-dakota > Title-27a > Chapter-12 > Statute-27a-12-3-16

27A-12-3.16. Time limit for court-ordered administration of psychotropic medication--Review of necessity of treatment--Exception. The court may authorize the administration of psychotropic medication for not more than one year. The court's order shall terminate if the person is judicially restored as competent to consent to or refuse the administration of psychotropic medication or if the person's treating physician or the medical director of the facility or, if the facility does not have a medical director, a consulting psychiatrist determines that the administration of psychotropic medication is no longer necessary under the criteria set forth in § 27A-12-3.13. Transfer from inpatient to outpatient treatment while the person is under an order of involuntary commitment does not, in itself, terminate the court's order. The necessity of treatment with psychotropic medication shall be reviewed and approved under the criteria in § 27A-12-3.13 at least every thirty days by the treating physician and the medical director of the facility or, if the facility does not have a medical director, a consulting psychiatrist after a personal examination of the person. If the consulting psychiatrist was the person's treating physician while the person was a patient at the Human Services Center, a personal examination need not take place as part of the review. If the treating physician or the medical director or consulting psychiatrist determines that the medication is no longer necessary under the criteria in § 27A-12-3.13, the court's order shall terminate. A copy of the results of the personal examination and the determinations of the treating physician and the medical director or consulting psychiatrist shall be made part of the person's medical records.

Source: SL 1989, ch 237, §§ 8-10; SL 1991, ch 220, § 209; SDCL Supp, §§ 27A-12-11.10--27A-12-11.12; SL 1995, ch 163, § 3; SL 1999, ch 141, § 1.