34-51-7. Health care provider not liable for recommendation.
No licensing board may revoke, fail to renew, suspend, or take any action against a health care provider's license pursuant to the provisions of chapter 36-4, based solely on the health care provider's recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product, or device. No entity responsible for Medicare certification may take action against a health care provider's Medicare certification based solely on the health care provider's recommendation regarding an investigational drug, biological product, or device.
Source: SL 2015, ch 188, ยง7.
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.