South Dakota Codified Laws 34-26A-13.1. Required time before cremation–Waiver–Coroner’s release
Current as of: 2023 | Check for updates
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Except as otherwise provided in this section, a decedent may not be cremated for twenty-four hours following:
(1) The decedent’s time of death, as pronounced by a physician, or other health care professional acting within the person‘s scope of practice; or
Terms Used In South Dakota Codified Laws 34-26A-13.1
- Decedent: A deceased person.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- 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 time at which a declaration of the decedent’s death is made by the coroner or other person having the authority to make that declaration.
The prohibition set forth in this section may be waived, in writing, by a physician or by the coroner, if death is the result of a virulent communicable disease.
If a death is being investigated by a coroner, cremation may not take place before a written release is provided by the investigating coroner.
Source: SL 2023, ch 129, § 8.