South Dakota Codified Laws 27B-8-41. Informed consent required for experimentation or hazardous procedure–Court authorization
No person with a developmental disability is subject to any experimental research or hazardous treatment procedures without the consent of:
(1) The person with a developmental disability, if eighteen years of age or over and capable of giving informed consent. If any person’s capacity to give informed consent is challenged, the person, a qualified developmental disabilities professional, physician, or interested person may file a petition with the court to determine competency to give consent;
Terms Used In South Dakota Codified Laws 27B-8-41
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) The guardian of the person with a developmental disability, if the guardian is legally empowered to execute such consent; or
(3) The parent or guardian of the person with a developmental disability, if the person with a developmental disability is less than eighteen years of age.
No person with a developmental disability who is subject to an order of guardianship may be subjected to experimental research or hazardous treatment procedures without prior authorization of the circuit court.
Source: SL 2000, ch 131, § 86; SL 2013, ch 125, § 11.