67:61:06:02Guaranteed rights.

A client has rights guaranteed under the constitution and laws of the United States and this state, including: (1) The right to refuse prohibited treatment, as provided in SDCL 27A-12-3.22; (2) The right to be free of any exploitation or abuse; (3) The right to seek and have access to legal counsel; (4) The right to have access to an advocate or an employee of the state's designated protection and advocacy system; (5) The right to confidentiality, of all records, correspondence, and information relating to assessment, diagnosis, and treatment, in accordance with 42 U.S.C. § 290 dd-2, in effect on March 27, 2020, 42 C.F.R. Part 2, in effect on January 18, 2017, and 45 C.F.R. Parts 160 and 164, in effect on September 26, 2016; and (6) The right to participate in decision-making related to treatment, to the greatest extent possible.

Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.