46 : 11 : 05 : 09.01 . Use of medications for psychiatric or medical conditions or sedation. The human rights committee of a participant’s provider shall review medications prescribed as treatment or stabilization for psychiatric conditions, medical conditions, or for sedation prior to a medical or dental appointment, and not on an as-needed basis for behavior management, if the participant, the participant’s parent if the participant is under eighteen, or the participant’s legal guardian requests that the medication be reviewed.

The participant's conflict-free case manager or family support coordinator shall, during each annual ISP team meeting, include discussion about the participant’s medication, and if a CHOICES participant, whether human rights committee review is requested. The conflict-free case manager or family support coordinator shall document all discussion regarding medication during the ISP team meeting.

Any medication prescribed by a licensed medical professional for any participant must be made available to the participant and implemented as prescribed without unreasonable delay. Nothing in this section affects a participant’s right to refuse medication.

Source: 43 SDR 9 , effective August 2, 2016; 51 SDR 108, effective May 1, 2025 .

General Authority: SDCL 27B - 2 - 26 (3)(4).

Law Implemented: SDCL 27B-2-26 , 27B - 8 - 52 .

Prior versions effective: 2016-08-02.