South Dakota § 27A-12-6.2 - Seclusion or restraint--Clinical justification required--Rationale--Appropriate manner.
Full text of South Dakota South Dakota Codified Laws § 27A-12-6.2 — Seclusion or restraint--Clinical justification required--Rationale--Appropriate manner., with citation guidance and answers to common questions.
§ 27A-12-6.2. Seclusion or restraint--Clinical justification required--Rationale--Appropriate manner.
The use of seclusion or restraint requires clinical justification and shall be employed only to prevent immediate harm to the person or others, or if less restrictive means of restraint are not feasible. Seclusion or restraint may not be employed as punishment or for the convenience of staff. Seclusion or restraint may be authorized only by a qualified mental health professional, physician's assistant, or certified nurse practitioner.
The rationale for the use of seclusion or restraint shall address the inadequacy of less restrictive intervention techniques. A personal clinical assessment of the person shall be conducted and clinical justification for the use of seclusion and restraint shall be documented in the person's records when the procedure is implemented. A report shall be prepared and included in the person's record. The implementation of seclusion or restraint may not exceed one hour, at which time an order from a qualified mental health professional, physician's assistant or certified nurse practitioner is required if seclusion or restraint is to be continued. The order shall be entered in the person's records as soon as possible, but not more than twenty-four hours after implementation of the order. Each written order for seclusion or restraint shall be time-limited and shall not exceed twenty-four hours.
Seclusion or restraint may not be used in a manner that causes undue physical discomfort, harm, or pain to the person. Appropriate attention shall be paid every fifteen minutes to a person in seclusion or restraint, especially in regard to regular meals, bathing, and the use of the toilet, unless more frequent attention is warranted. There shall be documentation in the person's record that such attention was given to the person.
Source: SL 1975, ch 181, § 20; SDCL Supp, § 27-7-35; SL 1985, ch 219, § 1; SL 1987, ch 198, § 19; SL 1991, ch 220, § 224; SDCL Supp, § 27A-12-6; SL 2017, ch 171, § 50.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 27A-12-6.2
What does South Dakota Codified Laws § 27A-12-6.2 cover?
Section 27A-12-6.2 ("Seclusion or restraint--Clinical justification required--Rationale--Appropriate manner.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 27A-12-6.2?
A common citation format is "South Dakota Codified Laws § 27A-12-6.2" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 27A-12-6.2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.