34-51-10. Private cause of action not authorized.
This chapter does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device, or against another person or entity involved in the care of an eligible patient using the investigational drug, biological product, or device for any harm done to the eligible patient resulting from treatment if the manufacturer or other person or entity is complying in good faith with the terms of this chapter and exercised reasonable care.
Source: SL 2015, ch 188, ยง10.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 51 - Investigational Treatments
Section 34-51-1 - Definitions.
Section 34-51-2 - Eligible patient defined.
Section 34-51-3 - Written, informed consent.
Section 34-51-4 - Treatment with investigational drug, biological product, or device.
Section 34-51-5 - Treatment without compensation permitted.
Section 34-51-6 - Reimbursement of manufacturer from decedent's estate prohibited.
Section 34-51-7 - Health care provider not liable for recommendation.