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

South Dakota Statutes

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

South Dakota § 27B-8-41

Title 27BDEVELOPMENTALLY DISABLED PERSONS

Ch. 27B-8CARE, TREATMENT AND RIGHTS OF RESIDENTS IN FACILITIES FOR

This text of South Dakota § 27B-8-41 (Informed consent required for experimentation or hazardous procedure--Court authorization.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 27B-8-41 (2026).

Text

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 pers

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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.