67 : 62 : 07 : 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) Information regarding the right to confidentiality of all records, correspondence, and information relating to assessment, diagnosis, and treatment, pursuant to SDCL 27A-12-26 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 27A-5-1 .

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

Prior versions effective: 2016-12-05.