67 : 61 : 03 : 04 . Discrimination in services prohibited. No agency may deny any person equal access to its facilities or services on the basis of race, color, religion, gender, ancestry, or national origin . No agency may deny any person equal access to its facilities or services on the basis of mental or physical illness, or disability , unless the illness or disability makes treatment offered by the agency non-beneficial or hazardous. Each agency shall ensure that it complies with the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. , in effect on September 25, 2008 , and 28 C.F.R. Part 36 , in effect on January 17, 2017 . The agency shall provide referral services to individuals not admitted to treatment.

Source: 43 SDR 80 , effective December 5, 2016; 50 SDR 63, effective November 27, 2023 .

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

Law Implemented: SDCL 20-13-23 , 20-13-23 .1, 34-20A-27 .

Prior versions effective: 2016-12-05.