34-26-63. Sale or purchase of parts prohibited.
(a) Except as otherwise provided in subsection (b), a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits a Class 5 felony.
(b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.
Source: SL 2007, ch 197, §16.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 26 - Custody And Disposition Of Bodies And Body Parts
Section 34-26-1 - Personal right to direct disposition of body and bodily parts.
Section 34-26-2 - Autopsy authorized.
Section 34-26-3 - Dissection authorized by decedent during life.
Section 34-26-4 - Dissection authorized by spouse or next of kin.
Section 34-26-7 - Dissection authorized by legislative enactment.
Section 34-26-9 - Receipt and record of bodies received by medical school.
Section 34-26-11 - Use of unclaimed bodies by medical school--Burial of remains.
Section 34-26-12 - Autopsies at hospitals for the mentally ill.
Section 34-26-13 - Unauthorized dissection of body as misdemeanor.
Section 34-26-14 - Right to custody of dead body--Coroner's custody pending inquest.
Section 34-26-15 - Burial within reasonable time required.
Section 34-26-18 - Failure to make burial as misdemeanor--Civil liability for treble expenses.
Section 34-26-19 - Provisions applicable to parts of body.
Section 34-26-21.1 - Department of Public Safety distribution of information on organ donation.
Section 34-26-47 - Hospital protocol for identifying potential organ donors.
Section 34-26-47.1 - Discrimination in organ transplant process prohibited.
Section 34-26-48 - Short title.
Section 34-26-49 - Definitions.
Section 34-26-50 - Applicability.
Section 34-26-51 - Who may make anatomical gift before donor's death.
Section 34-26-52 - Manner of making anatomical gift before donor's death.
Section 34-26-53 - Amending or revoking anatomical gift before donor's death.
Section 34-26-54 - Refusal to make anatomical gift--Effect of refusal.
Section 34-26-55 - Preclusive effect of anatomical gift, amendment, or revocation.
Section 34-26-56 - Who may make anatomical gift of decedent's body or part.
Section 34-26-58 - Persons who may receive anatomical gift--Purpose of anatomical gift.
Section 34-26-59 - Search and notification.
Section 34-26-60 - Delivery of document of gift not required--Right to examine.
Section 34-26-61 - Rights and duties of procurement organization and others.
Section 34-26-62 - Coordination of procurement and use.
Section 34-26-63 - Sale or purchase of parts prohibited.
Section 34-26-64 - Other prohibited acts.
Section 34-26-67 - Donor registry.
Section 34-26-68 - Effect of anatomical gift on advance health care directive.
Section 34-26-69 - Cooperation between coroner and procurement organization.
Section 34-26-71 - Uniformity of application and construction.
Section 34-26-72 - Relation to Electronic Signatures in Global and National Commerce Act.
Section 34-26-73 - Disposition of body of deceased servicemember.
Section 34-26-74 - Contracts for disposition--Funeral--Burial.
Section 34-26-75 - Right to control--Order of precedence.
Section 34-26-76 - Forfeiture of right.
Section 34-26-77 - Affidavit--Designation by decedent.
Section 34-26-78 - Court determination against statutory precedence--Considerations.
Section 34-26-79 - Funeral service agreement-- Disposition authorization—Reliance upon content.
Section 34-26-80 - Funeral homes--Limitation of liability--Acting in good faith.