§ 34-26-1 Personal right to direct disposition of body and bodily parts
§ 34-26-2 Autopsy authorized
§ 34-26-3 Dissection authorized by decedent during life
§ 34-26-4 Dissection authorized by spouse or next of kin
§ 34-26-5 Dissection for purposes of inquest authorized by coroner, sheriff, or state’s attorney
§ 34-26-6 Dissection of body of state institution inmate–Consent of next of kin required–Abandoned inmate
§ 34-26-7 Dissection authorized by legislative enactment
§ 34-26-8 Notice to medical school of unclaimed body–Requisition by and forwarding to medical school
§ 34-26-9 Receipt and record of bodies received by medical school
§ 34-26-10 Embalming and preservation of bodies by medical school–Claim by friend or relative
§ 34-26-11 Use of unclaimed bodies by medical school–Burial of remains
§ 34-26-12 Autopsies at hospitals for the mentally ill
§ 34-26-13 Unauthorized dissection of body as misdemeanor
§ 34-26-14 Right to custody of dead body–Coroner’s custody pending inquest
§ 34-26-15 Burial within reasonable time required
§ 34-26-17 Right and duty of burial on failure by persons first charged–County claim against estate for expense of burial
§ 34-26-18 Failure to make burial as misdemeanor–Civil liability for treble expenses
§ 34-26-19 Provisions applicable to parts of body
§ 34-26-21.1 Department of Public Safety distribution of information on organ donation
§ 34-26-47 Hospital protocol for identifying potential organ donors
§ 34-26-47.1 Discrimination in organ transplant process prohibited
§ 34-26-48 Short title
§ 34-26-49 Definitions
§ 34-26-50 Applicability
§ 34-26-51 Who may make anatomical gift before donor’s death
§ 34-26-52 Manner of making anatomical gift before donor’s death
§ 34-26-52.1 Organ donor designation on driver licenses and identification cards–Maintenance and removal of donor designation in department computer records
§ 34-26-53 Amending or revoking anatomical gift before donor’s death
§ 34-26-54 Refusal to make anatomical gift–Effect of refusal
§ 34-26-55 Preclusive effect of anatomical gift, amendment, or revocation
§ 34-26-56 Who may make anatomical gift of decedent’s body or part
§ 34-26-57 Manner of making, amending, or revoking anatomical gift of decedent’s body or part
§ 34-26-58 Persons who may receive anatomical gift–Purpose of anatomical gift
§ 34-26-59 Search and notification
§ 34-26-60 Delivery of document of gift not required–Right to examine
§ 34-26-61 Rights and duties of procurement organization and others
§ 34-26-62 Coordination of procurement and use
§ 34-26-63 Sale or purchase of parts prohibited
§ 34-26-64 Other prohibited acts
§ 34-26-65 Immunity
§ 34-26-66 Law governing validity–Choice of law as to execution of document of gift–Presumption of validity
§ 34-26-67 Donor registry
§ 34-26-68 Effect of anatomical gift on advance health care directive
§ 34-26-69 Cooperation between coroner and procurement organization
§ 34-26-70 Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner
§ 34-26-71 Uniformity of application and construction
§ 34-26-72 Relation to Electronic Signatures in Global and National Commerce Act
§ 34-26-73 Disposition of body of deceased servicemember
§ 34-26-74 Contracts for disposition–Funeral–Burial
§ 34-26-75 Disposition of remains–Control–Right and duty
§ 34-26-76 Forfeiture of right
§ 34-26-77 Affidavit–Designation by decedent
§ 34-26-78 Court determination against statutory precedence–Considerations
§ 34-26-79 Funeral service agreement– Disposition authorization–Reliance upon content
§ 34-26-80 Funeral homes–Limitation of liability–Acting in good faith
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Terms Used In South Dakota Codified Laws > Title 34 > Chapter 26 - Custody and Disposition of Bodies and Body Parts

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • Donor: The person who makes a gift.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Statute: A law passed by a legislature.
  • 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