2021 South Dakota Codified Laws
Title 27A - Mentally Ill Persons
Chapter 15 - Treatment Of Minors
Section 27A-15-45 - Experimental treatments prohibited--Petition for authorization under certain circumstances.
27A-15-45. Experimental treatments prohibited--Petition for authorization under certain circumstances.
Except as otherwise provided herein, no minor may be administered or subjected to experimental procedures or interventions of any type. A parent's, guardian's, custodian's, or minor's consent alone may not authorize such experimental procedures, interventions, or treatments. If the minor's treating psychiatrist determines, in writing, that any experimental treatments are necessary and the least restrictive treatment alternative medically necessary for improvement of the minor's serious emotional disturbance, the administrator or facility director shall immediately petition the circuit court pursuant to §27A-15-49 for authorization to institute such treatment upon the following conditions being met:
(1)The treating psychiatrist's opinion is concurred in by a consulting psychiatrist or, if a consulting psychiatrist is not available, a consulting physician; and
(2)The oral and written informed consent of the parent, or guardian and minor if over sixteen, are obtained.
The parent's or guardian's and minor's informed consent, the treating psychiatrist's determination, and the consulting psychiatrist's or physician's concurrence shall become a part of the minor's medical records.
Source: SL 1991, ch 220, §335; SL 2013, ch 122, §8.
