S.D. Codified Laws § 22-46-9

Current through the 2024 Legislative Session

Section 22-46-9 - Mandatory reporting of abuse, neglect, or exploitation-Violation as misdemeanor

Any:

(1) Physician, dentist, doctor of osteopathy, chiropractor, optometrist, podiatrist, religious healing practitioner, hospital intern or resident, nurse, paramedic, emergency medical technician, social worker, or any health care professional;

(2) Psychologist, licensed mental health professional, or counselor engaged in professional counseling; or

(3) State, county, or municipal criminal justice employee or law enforcement officer;

who knows, or has reasonable cause to suspect, that an elder or adult with a disability has been or is being abused, neglected, or exploited, shall, within twenty-four hours, report such knowledge or suspicion orally or in writing to the state's attorney of the county in which the elder or adult with a disability resides or is present, to the Department of Human Services, or to a law enforcement officer. Any person who knowingly fails to make the required report is guilty of a Class 1 misdemeanor.

A person described in this section is not required to report the abuse, neglect, or exploitation of an elder or adult with a disability if the person knows that another person has already reported to a proper agency the same abuse, neglect, or exploitation that would have been the basis of the person's own report.

SDCL 22-46-9

SL 2011, ch 119, §1; SL 2016, ch 120, §22; SL 2016, ch 128, §1; SL 2017, ch 230 (Ex. Ord. 17-1), § 24, eff. Apr. 13, 2017.

Ch 230 (Ex. Ord. 17-1), § 24, eff. Apr. 13, 2017

Amended by S.L. 2016, ch. 128,s. 1, eff. 7/1/2016.