2011 South Dakota Code
Title 27B DEVELOPMENTALLY DISABLED PERSONS
Chapter 08. Care, Treatment And Rights Of Residents In Facilities For The Developmentally Disabled
§27B-8-41 Informed consent required for experimentation or hazardous procedure--Circuit court consent.
27B-8-41. Informed consent required for experimentation or hazardous procedure--Circuit court consent. 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 mental retardation professional, physician, or interested person may file a petition with the court to determine competency to give consent;
(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.
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