An Act to correct technical errors in statutory cross-references related to the Department of Social Services.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 26-6-20.8 be AMENDED.
26-6-20.8. Revocation of license--Cause.
Failure of any group home or care
center to keep complete records or to comply with any other provision
of §§ 26-6-20.1
to 26-6-20.10,
inclusive, shall constitute cause for revocation of the licenses held
by the administrator or operator of such homes, centers, or
facilities,
under chapter 34-12A.
Section 2. That § 34-23B-6 be AMENDED.
34-23B-6. Referral to alcohol or drug program--Immunity from liability.
Any physician, physician's
assistant, nurse, certified nurse practitioner, certified nurse
midwife, counselor, social worker, licensed or registered child
welfare provider, employee or volunteer of a domestic abuse center,
chemical dependency counselor, or safety sensitive position as
defined in
subdivision 23-3-64(2)
§
3-6C-1 who
provides services to a pregnant woman may make a referral to a
prevention or treatment program accredited pursuant to chapter 34-20A
if the provider has information that a pregnant woman is engaging in
the abusive use of alcohol or use of any controlled drug or substance
not lawfully prescribed by a practitioner as authorized by chapter
22-42
or 34-20B.
Any such provider, who, in good faith, makes a referral to a
prevention or treatment program accredited pursuant to chapter 34-20A
of a pregnant woman engaging in abusive use of alcohol, abusive use
of a lawfully prescribed controlled substance, or use of any
controlled drug or substance not lawfully prescribed by a
practitioner as authorized by chapter 22-42
or 34-20B,
is immune from any liability, civil or criminal, that might otherwise
be incurred or imposed, and has the same immunity with respect to
participation in any judicial proceeding resulting from the referral.
This immunity also extends to any public official who in good faith
is involved in the investigation of such conduct or to any person
described in this section who in good faith cooperates with any
public official in an investigation. Any referral pursuant to this
section is permissive and nothing in this section requires the making
of any referral.
Signed February 17, 2021
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
Overstrikes
indicate deleted language.