§ 27B-8-41 Informed consent required for experimentation or hazardous procedure--Court authorization.

SD Codified L § 27B-8-41 (2019) (N/A)

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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.

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