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.
Structure South Dakota Codified Laws
Title 27B - Developmentally Disabled Persons
Section 27B-8-36 - Rights and responsibilities of person with developmental disability.
Section 27B-8-37 - Religious rights.
Section 27B-8-38 - Right to public educational services.
Section 27B-8-39 - Right of access to dental and medical care.
Section 27B-8-40 - Emergency treatment without consent--Documentation of necessity.
Section 27B-8-42 - Other rights not limited by receipt of services--Certain practices prohibited.
Section 27B-8-43 - Retaliation against whistle-blower forbidden--Definition.
Section 27B-8-44 - Certain conduct as misdemeanor.
Section 27B-8-45 - Rights of persons receiving services.
Section 27B-8-46 - Records confidential--Disclosure.
Section 27B-8-47 - Disclosure of information to certain persons.
Section 27B-8-48 - Identity of person to be protected.
Section 27B-8-49 - Further disclosure of information.
Section 27B-8-50 - Aversive behavioral intervention techniques--Findings.
Section 27B-8-51 - Use of aversive intervention techniques prohibited.
Section 27B-8-52 - Restriction or suspension of rights only after due process.
Section 27B-8-53 - Use of restraints.
Section 27B-8-54 - Behavior intervention programs--Prerequisites to implementation.
Section 27B-8-55 - Highly restrictive procedures--Limitations on use.