2021 South Dakota Codified Laws
Title 27B - Developmentally Disabled Persons
Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons
Section 27B-8-41 - Informed consent required for experimentation or hazardous procedure--Court authorization.
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;
(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.
