{"data":{"id":"us-sd/sdcl-27b-8-41","jurisdiction":"us-sd","citation":"SDCL § 27B-8-41","heading":"Informed consent required for experimentation or hazardous procedure--Court authorization.","body":"No person with a developmental disability is subject to any experimental research or hazardous treatment procedures without the consent of:\n(1) The person with a developmental disability, if eighteen years of age or over and capable of giving informed consent. If any person's capacity to give informed consent is challenged, the person, a qualified developmental disabilities professional, physician, or interested person may file a petition with the court to determine competency to give consent;\n(2) The guardian of the person with a developmental disability, if the guardian is legally empowered to execute such consent; or\n(3) The parent or guardian of the person with a developmental disability, if the person with a developmental disability is less than eighteen years of age.\nNo person with a developmental disability who is subject to an order of guardianship may be subjected to experimental research or hazardous treatment procedures without prior authorization of the circuit court.\nSource: SL 2000, ch 131, § 86; SL 2013, ch 125, § 11.","path":["TITLE 27B. DEVELOPMENTALLY DISABLED PERSONS","CHAPTER 27B-8. CARE, TREATMENT AND RIGHTS OF RESIDENTS IN FACILITIES FOR"],"source_url":"https://sdlegislature.gov/Statutes/27B-8-41","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"5d066739a14213602349db8b20257dfe210196cc0a0f8d0df3f257701d1e3019","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-27b-8-40","next":"us-sd/sdcl-27b-8-42"},"notice":"GroundRules: Original legal text. Not legal advice."}