Precautions against drugs hampering defense--Record of treatments administered.

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27A-11A-10. Precautions against drugs hampering defense--Record of treatments administered.

If the person is receiving treatment, the qualified mental health professional shall take all reasonable precautions to ensure that at the time of the hearing the person is not so under the influences of, or so affected by drugs, medication, or other treatment or interventions as to be hampered in preparing for or participating in the hearing. The board of mental illness at the time of the hearing shall be presented a record of all drugs, medication, and other treatments or interventions the person has received since being taken into custody. For review hearings, the board of mental illness at the time of hearing shall be presented with the medical record containing information on medications and treatments the person has received within the past year.

Source: SL 1975, ch 181, §89; SDCL Supp, §27-7-12.2; SL 1991, ch 220, §146; SDCL, §27A-9-13; SL 1992, ch 189, §4.


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