South Dakota § 27B-8-41 - Informed consent required for experimentation or hazardous procedure--Court authorization.
Full text of South Dakota South Dakota Codified Laws § 27B-8-41 — Informed consent required for experimentation or hazardous procedure--Court authorization., with citation guidance and answers to common questions.
§ 27B-8-41. Informed consent required for experimentation or hazardous procedure--Court authorization.
No person with a developmental disability is subject to any experimental research or hazardous treatment procedures without the consent of:
(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;
(2) The guardian of the person with a developmental disability, if the guardian is legally empowered to execute such consent; or
(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.
No 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.
Source: SL 2000, ch 131, § 86; SL 2013, ch 125, § 11.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 27B-8-41
What does South Dakota Codified Laws § 27B-8-41 cover?
Section 27B-8-41 ("Informed consent required for experimentation or hazardous procedure--Court authorization.") 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 § 27B-8-41?
A common citation format is "South Dakota Codified Laws § 27B-8-41" (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 § 27B-8-41 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.