South Dakota § 22-22-26.4 - Forensic medical examination--Protected person--Informed consent--Notification--Liability or discipline--Good faith determination.
Full text of South Dakota South Dakota Codified Laws § 22-22-26.4 — Forensic medical examination--Protected person--Informed consent--Notification--Liability or discipline--Good faith determination., with citation guidance and answers to common questions.
§ 22-22-26.4. Forensic medical examination--Protected person--Informed consent--Notification--Liability or discipline--Good faith determination.
A hospital or clinic may provide a forensic medical examination without the consent of a guardian of a protected person, as those terms are defined under § 29A-5-102, to any protected person who provides informed consent. If a patient has a guardian, the hospital or clinic must make a good faith effort to notify the guardian, before the forensic medical examination, that the patient provided informed consent for the examination and the examination will take place, unless the guardian is the suspected perpetrator.
If the attending physician, physician assistant, nurse practitioner, or sexual assault nurse examiner makes a good faith determination that a patient is incapable of giving informed consent under this section, neither the physician, physician assistant, nurse practitioner, or nurse examiner, nor the hospital or clinic, may be subject to criminal prosecution, civil liability, or professional discipline for failing to follow the patient's direction or for making the determination.
If the attending physician, physician assistant, nurse practitioner, or sexual assault nurse examiner makes a good faith determination that a patient is capable of giving informed consent under this section, neither the physician, physician assistant, nurse practitioner, or nurse examiner, nor the hospital or clinic, may be subject to criminal prosecution, civil liability, or professional discipline for following a patient's direction or for making the determination.
For purposes of this section, the term "informed consent" means consent voluntarily, knowingly, and competently given without any element of force, fraud, deceit, duress, threat, or other form of coercion after conscientious explanation of all information that a reasonable person would consider significant to the decision in a manner reasonably comprehensible to general lay understanding.
Source: SL 2020, ch 86, § 1; SL 2025, ch 94, § 4; SL 2026, ch 105, § 4.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 22-22-26.4
What does South Dakota Codified Laws § 22-22-26.4 cover?
Section 22-22-26.4 ("Forensic medical examination--Protected person--Informed consent--Notification--Liability or discipline--Good faith determination.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 22-22-26.4?
A common citation format is "South Dakota Codified Laws § 22-22-26.4" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 22-22-26.4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.