34-51-2. Eligible patient defined.
For the purposes of this chapter, the term, eligible patient, means a patient who meets all the following qualifications:
(1)Has an advanced illness, attested by the patient's treating physician;
(2)Has considered all other treatment options currently approved by the United States Food and Drug Administration;
(3)Has received a recommendation from the patient's treating physician for an investigational drug, biological product, or device;
(4)Has given written, informed consent for the use of the investigational drug, biological product, or device; and
(5)Has documentation from the patient's treating physician that the patient meets requirements pursuant to this chapter.
Source: SL 2015, ch 188, ยง2.
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.