CHAPTER 147

(HB 1109)

Civil immunity for qualified mental health professionals
designated by county board of mental illness.


         ENTITLED, An Act to  provide civil immunity to qualified mental health professionals designated by the chairs of the county board of mental illness.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That chapter 27A-7 be amended by adding thereto a NEW SECTION to read as follows:

     Any person serving as the qualified mental health professional as designated by the chair of the county board of mental illness, whose examinations and testimony under Title 27A are conducted in good faith, is immune from any civil liability for such examinations and testimony. The immunity from civil liability under this section does not apply if injury results from gross negligence or willful or wanton misconduct.

     Signed February 14, 2006
_______________