State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
|400T0193||HOUSE BILL NO. 1027|
Introduced by: The Committee on Health and Human Services at the request of the Department of Social Services
service delivery network, and shall continually work for needed program and service expansion
and achievement of the highest possible quality service. The council shall serve as an advocate
for all individuals needing mental health services within the state.
Section 3. That § 27A-3-1.4 be repealed.
27A-3-1.4. In addition to the council's functions provided in § 27A-3-1.3 the council shall
advise the Department of Social Services on policy related matters and on matters related to the
allocation of federal and state funds to the mental health centers in the state and the South
Dakota Human Services Center, on matters concerning regulation, staff requirements,
administration, audit and record keeping, and services to be provided by mental health centers
and the South Dakota Human Services Center. The council shall further advise the department
upon matters concerning the department's duties as provided in this chapter.
Section 4. That § 27A-3-1.5 be repealed.
27A-3-1.5. The Mental Health Planning and Coordination Advisory Council, created by
§ 27A-3-1.1, shall meet at least quarterly unless otherwise determined by the council. The
council shall prepare an annual written report to the Governor on or by December first of each
Section 5. That § 27A-3-2 be repealed.
27A-3-2. The Department of Social Services shall develop, adopt, approve, and administer
state plans of coordination in fields of mental health for the State of South Dakota in
cooperation with all governmental and private departments, resources, and organizations
concerned with mental health.
Section 6. That § 27A-3-3 be repealed.
27A-3-3. The Department of Social Services shall cooperate with federal agencies in the
administration of the federal statutes and acts relating to mental health programs and the
treatment of mental illness, accept the benefits of such federal statutes and acts subject to
chapter 4-8B, and comply with the requirements thereof.
Section 7. That § 27A-3-4 be repealed.
27A-3-4. The Department of Social Services shall conform the state plans and the federal
requirements and submit them to the federal agencies in order to qualify for grants available to
the State of South Dakota in the field of mental health.
Section 8. That § 27A-3-5 be repealed.
27A-3-5. The Department of Social Services shall coordinate the utilization of existing
facilities, state departments, boards, or commissions involved in the field of mental health.
Section 9. That § 27A-3-7 be repealed.
27A-3-7. The Department of Social Services shall enter into contractual agreements with
professional personnel to provide diagnosis, treatment, hospitalization, and other necessary
services, within the limits of available appropriations, for the care of emotionally disturbed
children, or those children who are referred to the department for evaluation of the same. Such
contractual agreements shall be consistent with existing state statutes and are not binding on the
department except to the extent that the department has been granted authority and financial
ability by the Legislature to enter into and perform such contractual agreements. The department
is the responsible agency for the establishment of any programs providing services for
emotionally disturbed children including those services made available at an existing state
Section 10. That § 27A-3-9 be repealed.
27A-3-9. No state appropriations or other funds available to the Division of Elementary and
Secondary Education may be used for the out-of-state placement of emotionally disturbed
children so assigned for purposes other than educational. Children who are in need of out-of-
state placement for treatment of an emotional disturbance shall be referred by the Division of
Elementary and Secondary Education to the Department of Social Services for assignment, care,
Section 11. That § 27A-3-10 be repealed.
27A-3-10. The Department of Social Services shall consider the needs in the field of mental
health, including the treatment of mental illness, and the needs of the Human Services Center
and the community mental health centers in the State of South Dakota and make
recommendations to the Legislature and the Governor for changes in existing legislation.
Section 12. That § 27A-4-2 be repealed.
27A-4-2. The Department of Social Services shall have general control of the policies of the
South Dakota Human Services Center. The Department of Social Services may promulgate rules
pursuant to chapter 1-26, and may prescribe departmental policies and procedures necessary for
the government of the Human Services Center not inconsistent with the laws of the state.
Section 13. That § 27A-4-5 be repealed.
27A-4-5. The Department of Social Services shall provide a seal for the South Dakota
Human Services Center upon which shall be inscribed the name of such center and such other
words and devices as may be deemed appropriate.
States government or any agency of the state government or its political subdivisions for the
purposes of assisting in the operation and programs of local mental health centers, receiving
grants of federal funds for those purposes pursuant to chapter 4-8B, and expending such funds
under rules promulgated by the department pursuant to chapter 1-26.
Section 16. That § 27A-5-3 be repealed.
27A-5-3. The Department of Social Services shall provide for a separate account for local
mental health centers and in its discretion divide and allocate between the accounts any funds
appropriated by the Legislature or granted by any federal agency which are not otherwise
specifically designated to any of the accounts.
Section 17. That § 27A-5-4 be repealed.
27A-5-4. The Department of Social Services shall distribute funds appropriated by the
Legislature or granted by any federal agency pursuant to chapter 4-8B to mental health centers
in the state on the basis of the provisions of a state plan or plans under its control and as
determined by the department. The aid distributed to local mental health centers and all other
expenses incurred in the administration or provisions of any federal acts relating thereto shall
be paid out of funds of the department appropriated for that purpose and from the federal funds
allotted to the State of South Dakota for similar purposes. The state treasurer shall be the
custodian of all moneys paid to the state from federal appropriation for such purposes and shall
distribute such moneys on warrants issued by the state auditor upon vouchers approved by the
department. The department shall annually authorize its secretary to certify to the state auditor
the amount apportioned as state and federal aid to each center approved under the provisions
of this chapter. The state auditor shall, upon receipt of such certificates, draw warrants on the
state treasury in favor of the treasurer of each center for the sum so specified for any center
approved by the department.
state and local government agencies and private providers for treatment, prevention, and
rehabilitation of drug and alcohol abusers; advise the division regarding studies for prevention,
treatment, and rehabilitation of drug and alcohol abuses; and advise the division on all functions
delegated to the division.
organizations, and individuals. The division shall provide technical assistance and consultation
services for these purposes.
Section 24. That § 34-20A-9 be repealed.
34-20A-9. The Division of Drug and Alcohol Abuse may sponsor, engage in, and encourage
research into the causes and nature of alcohol and drug abuse as well as the prevention and
treatment thereof. The division may serve as a clearinghouse for information relating to alcohol
and drug abuse.
Section 25. That § 34-20A-10 be repealed.
34-20A-10. The Division of Drug and Alcohol Abuse shall specify uniform content and
methods for keeping statistical information by accredited facilities and collect and make
available relevant statistical information.
Section 26. That § 34-20A-12 be repealed.
34-20A-12. The Division of Drug and Alcohol Abuse may organize and foster training
programs for persons engaged in the prevention and treatment of alcohol and drug abuse.
Section 27. That § 34-20A-13 be repealed.
34-20A-13. The Division of Drug and Alcohol Abuse may assist in the development of, and
cooperate with, alcohol and drug education and treatment programs for employees of state and
local governments and businesses and industries in the state.
Section 28. That § 34-20A-14 be repealed.
34-20A-14. The Division of Drug and Alcohol Abuse shall cooperate with other
departments and agencies in establishing and conducting programs to provide prevention and
treatment for alcohol and drug abusers and intoxicated persons in or on parole from penal
Section 29. That § 34-20A-16 be repealed.
agencies, organizations, and individuals to pay them for services rendered or furnished to
persons for the prevention or treatment of alcohol and drug abuse.
Section 41. That § 34-20A-46 be repealed.
34-20A-46. The Division of Drug and Alcohol Abuse may suspend, revoke, limit, or restrict
accreditation or refuse to grant accreditation subject to the provisions of chapter 1-26.
Section 42. That § 34-20A-47 be repealed.
34-20A-47. The Division of Drug and Alcohol Abuse shall maintain a list of accredited
prevention and treatment facilities. The division shall annually prepare, publish, and distribute
Section 43. That § 34-20A-48 be repealed.
34-20A-48. The circuit court may review any denial, restriction, or revocation of
accreditation and grant other relief required to enforce the provisions of this chapter.
Section 44. That § 34-20A-90 be repealed.
34-20A-90. The registration and other records of treatment facilities shall remain
confidential and are privileged to the patient.
Section 45. That § 34-20A-91 be repealed.
34-20A-91. The director may make available information from patients' records for purposes
of research into the causes and treatment of alcohol and drug abuse. Information under this
section may not be published in a way that discloses patients' names or other identifying
Section 46. That § 34-20A-95 be repealed.
34-20A-95. Nothing in this chapter affects any law, ordinance, resolution, or rule against
drunken driving, driving under the influence of alcohol, or other similar offense involving the
operation of a vehicle, aircraft, boat, machinery, or other equipment, or regarding the sale,
purchase, dispensing, possessing, or use of alcoholic beverages at stated times and places or by
a particular class of persons or possessing a loaded firearm while intoxicated.
Section 47. That § 34-20A-96 be repealed.
34-20A-96. If any provision of this chapter or the application thereof to any person or
circumstance is held invalid, the invalidity does not affect other provisions or applications of
the chapter which can be given effect without the invalid provision or application, and to this
end the provisions of this chapter are severable.