South Dakota Codified Laws 27A-15-45. Experimental treatments prohibited–Petition for authorization under certain circumstances
Except as otherwise provided herein, no minor may be administered or subjected to experimental procedures or interventions of any type. A parent’s, guardian‘s, custodian’s, or minor’s consent alone may not authorize such experimental procedures, interventions, or treatments. If the minor’s treating psychiatrist determines, in writing, that any experimental treatments are necessary and the least restrictive treatment alternative medically necessary for improvement of the minor’s serious emotional disturbance, the administrator or facility director shall immediately petition the circuit court pursuant to § 27A-15-49 for authorization to institute such treatment upon the following conditions being met:
(1) The treating psychiatrist’s opinion is concurred in by a consulting psychiatrist or, if a consulting psychiatrist is not available, a consulting physician; and
Terms Used In South Dakota Codified Laws 27A-15-45
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(2) The oral and written informed consent of the parent, or guardian and minor if over sixteen, are obtained.
The parent’s or guardian’s and minor’s informed consent, the treating psychiatrist’s determination, and the consulting psychiatrist’s or physician’s concurrence shall become a part of the minor’s medical records.
Source: SL 1991, ch 220, § 335; SL 2013, ch 122, § 8.