Certain rights are provided to you as a client of a Mental Health Center in South Dakota. Learn about these rights below or by downloading our brochure.
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YOUR RIGHTS AS A CLIENT OF A MENTAL HEALTH CENTER
A publication of the Protection & Advocacy for Individuals with Mental Illness (PAIMI) Program.
OUR MISSION
Disability Rights South Dakota is the non-profit legal services agency dedicated to protecting and advocating for the rights and inclusion of South Dakotans with disabilities.
TIPS FOR BEING AN EFFECTIVE SELF-ADVOCATE
- Keep copies of ALL your records and reports.
- Ask questions when you have them. If you can’t ask your question right away, write it down or record it so you remember to ask it when you can later.
- Be heard! Remember that YOUR goals and objectives should set your life course. See the lists below for some examples of abuse, neglect, and rights violations.
YOUR RIGHTS AS A CLIENT OF A MENTAL HEALTH CENTER
Certain rights are provided to you as a client of a Mental Health Center in South Dakota, including, but not limited to, those listed below. You have a right to:
- Receive a copy of your rights and responsibilities
- Be free of any exploitation or abuse
- Be treated with respect and dignity
- Receive an explanation of your diagnosis and prescribed medications, along with any side effects
- Be given the reasons why a certain treatment is considered appropriate
- Actively participate in your treatment plan, including any changes in that plan, to the greatest extent possible
- Receive treatment in a nondiscriminatory manner that is responsive to your needs as an individual
- Refuse extraordinary treatment as provided under SDCL 27A-12-3.22
- Refuse psychotropic medications, research, or experimental or intrusive procedures, unless otherwise provided under SDCL 27A-12- 3.12
- Confidentiality of all records, correspondence, and information given during treatment as provided under South Dakota Codified Law (SDCL) 27A-12-26 and the security and privacy of Health Insurance Portability and Accountability Act (HIPAA) 45 CFR, Parts 160 and 164
- Review your case records, unless detrimental to your mental health as provided under SDCL 27A-12-26.1
- Be fully informed of the fees for therapy Assert grievances if your rights are violated
- Have access to advocacy services at any time Seek and have access to legal counsel
- Appeal to South Dakota Division of Social Services’ (SD DSS) Division of Behavioral Health a decision made by a center regarding ineligibility or termination of services, pursuant to SDCL 27A-5-1 and Administrative Rules of South Dakota (ARSD) 67:62:07:05 and 06
CONTACT DISABILITY RIGHTS SOUTH DAKOTA (DRSD)
Call 1-800-658-4782 or 605-224-8294.
The Protection and Advocacy for Individuals with Mental Illness (PAIMI) Program is a federally-funded independent program authorized to safeguard and promote the rights of individuals with mental illness in South Dakota and to investigate specific reports or suspected situations of abuse and neglect in facilities.