No person may discriminate against an individual at any point in the organ transplant process, solely on the basis of an individual’s mental or physical disability, unless the disability has been determined to be medically significant to the provision of an anatomical gift.

A violation of this statute is an unfair or discriminatory practice under chapter 20-13.

Terms Used In South Dakota Codified Laws 34-26-47.1

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Statute: A law passed by a legislature.

Source: SL 2022, ch 112, § 1.