67 : 61 : 06 : 02 . Guaranteed rights. A client has rights guaranteed under the constitution and laws of the United States and this state , including:

1. (1) The right to refuse prohibited treatment, as provided in SDCL 27A-12-3.22;
2. (2) The right to be free of any exploitation or abuse;
3. (3) The right to seek and have access to legal counsel;
4. (4) The right to have access to an advocate or an employee of the state's designated protection and advocacy system;
5. (5) The right to confidentiality, of all records, correspondence, and information relating to assessment, diagnosis, and treatment, in accordance with 42 U.S.C. § 290 dd-2, in effect on March 27, 2020, 42 C.F.R. Part 2, in effect on January 18, 2017, and 45 C.F.R. Parts 160 and 164, in effect on September 26, 2016; and
6. (6) The right to participate in decision-making related to treatment, to the greatest extent possible.

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 34-20A-27 .

Prior versions effective: 2016-12-05.