South Dakota Codified Laws 34-14-22. Informed consent required prior to predictive genetic testing–Minimumrequirements of written, informed consent
No person may order or perform a predictive genetic test without first obtaining the written, informed consent of the person to be tested. For purposes of this section, written, informed consent consists of a signed writing executed by the person to be tested or the legally authorized representative of the person to be tested that includes, at a minimum, all of the following:
(1) The nature and purpose of the predictive genetic test;
Terms Used In South Dakota Codified Laws 34-14-22
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(2) The effectiveness and limitations of the predictive genetic test;
(3) The implications of taking the predictive genetic test, including, the medical risks and benefits;
(4) The future uses of the sample taken from the person tested in order to conduct the predictive genetic test and the information obtained from the predictive genetic test;
(5) The meaning of the predictive genetic test results and the procedure for providing notice of the results to the person tested; and
(6) A listing of who will have access to the sample taken from the person tested in order to conduct the predictive genetic test and the information obtained from the predictive genetic test, and the person’s right to confidential treatment of the sample and the information.
Source: SL 2001, ch 184, § 2.