State of South Dakota  
EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012  

400T0195   SENATE BILL   NO.  14  

Introduced by:    The Committee on Health and Human Services at the request of the Department of Social Services
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding alcohol or drug commitments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 34-20A-72 be amended to read as follows:
    34-20A-72. A petition filed under § 34-20A-70 shall be accompanied by a certificate of a licensed physician and or a certified chemical dependency counselor both either of whom have has examined the person within two days before submission of the petition, unless the person whose commitment is sought has refused to submit to a medical examination or counselor assessment in which case the fact of refusal shall be alleged in the petition. The certificate shall set forth the physician's and or the counselor's findings in support of the allegations of the petition. A physician or chemical dependency counselor employed by the admitting facility is not eligible to provide certification.
    Section 2. That § 34-20A-76 be amended to read as follows:
    34-20A-76. If the person has refused to be examined by a licensed physician or a certified chemical dependency counselor, he the person shall be given an opportunity to be examined by

a court-appointed licensed physician or certified chemical dependency counselor. If he the person refuses and there is sufficient evidence to believe that the allegations of the petition are true, or if the court believes that more evidence is necessary, the court may order a temporary commitment and transportation by a law enforcement officer to an approved treatment facility for a period of not more than five days for purposes of a diagnostic examination.