34-26-68. Effect of anatomical gift on advance health care directive.
(a) In this section:
(1)"Advance health care directive" means a power of attorney for health care or a record signed by a prospective donor containing the prospective donor's direction concerning a health care decision for the prospective donor.
(2)"Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.
(3)"Health care decision" means any decision made regarding the health care of the prospective donor.
(b) If a prospective donor has a declaration or advance health care directive, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor, unless the declaration expressly provides to the contrary.
Source: SL 2007, ch 197, §21.
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.