South Dakota Statutes
§ 27B-8-41 — Informed consent required for experimentation or hazardous procedure--Court authorization.
South Dakota·Title 27B DEVELOPMENTALLY DISABLED PERSONS·Ch. 27B-8 CARE, TREATMENT AND RIGHTS OF RESIDENTS IN FACILITIES FOR
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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South Dakota § 27B-8-41 (Informed consent required for experimentation or hazardous procedure--Court authorization.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
SL 2000, ch 131, § 86; SL 2013, ch 125, § 11.
Nearby Sections
15
§ 27B-1-14
Purpose.§ 27B-1-15
Administrative functions of department.§ 27B-1-16
Use of other boards or councils.§ 27B-1-17
Definitions.§ 27B-1-18
Developmental disability defined.§ 27B-1-18.1
Intellectual disability defined.§ 27B-10-10
Review hearing--Rights.§ 27B-10-12
Assisting in escape--Violation.§ 27B-10-13
Rights--Person committed--Department.