South Dakota § 27A-8-1 Requirements for admission of voluntary patients.

South Dakota Statutes

§ 27A-8-1 — Requirements for admission of voluntary patients.

South Dakota § 27A-8-1

Title 27AMENTALLY ILL PERSONS

Ch. 27A-6VOLUNTARY HOSPITALIZATION OF PATIENTS WITH MENTAL ILLNESS

This text of South Dakota § 27A-8-1 (Requirements for admission of voluntary patients.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 27A-8-1 (2026).

Text

The facility director or administrator may receive as a voluntary patient any person eighteen years of age or older who understands the nature of voluntary inpatient treatment, is capable of giving informed consent, and voluntarily executes a written application for admission, if the following requirements are met:

(1)If, after examination by a staff psychiatrist, the facility director or administrator determines that the applicant is clinically suitable for inpatient treatment. In the event of the unavailability of a staff psychiatrist, admission may be granted pending an examination by a staff psychiatrist within one working day;

(2)A less restrictive treatment alternative is inappropriate or unavailable;

(3)The person is in need of and will likely benefit from treatment whic

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The facility director or administrator may receive as a voluntary patient any person eighteen years of age or older who understands the nature of voluntary inpatient treatment, is capable of giving informed consent, and voluntarily executes a written application for admission, if the following requirements are met: (1) If, after examination by a staff psychiatrist, the facility director or administrator determines that the applicant is clinically suitable for inpatient treatment. In the event of the unavailability of a staff psychiatrist, admission may be granted pending an examination by a staff psychiatrist within one working day; (2) A less restrictive treatment alternative is inappropriate or unavailable; (3) The person is in need of and will likely benefit from treatment which is available at the facility; (4) The requirements in § 27A-8-15 have been met; and (5) The person does not have medical needs which are beyond the capacity of the center or inpatient psychiatric facility. If a person eighteen years of age or older voluntarily seeks admission to an inpatient psychiatric facility without any element of force, duress, threat or other form of coercion and the facility director or administrator determines, after the explanation required in § 27A-8-15 , that the person is incapable of exercising an informed consent to the admission, the person may be admitted upon exercise of a substituted informed consent in accordance with §§ 27A-8-18.1 and 27A-8-19 .

Legislative History

SDC 1939, § 30.0115; SL 1955, ch 111; SL 1957, ch 147; SL 1959, ch 170; SL 1961, ch 153; SL 1964, ch 104, § 8; SDCL § 27-4-12; SL 1975, ch 181, § 32; SL 1981, ch 206, § 1; SL 1991, ch 220, § 46; SL 1992, ch 190, § 4; SL 1995, ch 158, § 1; SL 2012, ch 149, § 12.