Section 27A-12-3.20 - Informed consent to research, experimental or intrusiveprocedures--Court order where person incapable of consenting--Electroconvulsive therapy. - South-dakota Statutes

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Statutes > South-dakota > Title-27a > Chapter-12 > Statute-27a-12-3-20

27A-12-3.20. Informed consent to research, experimental or intrusive procedures--Court order where person incapable of consenting--Electroconvulsive therapy. No adult person may be the subject of experimental research, experimental or intrusive procedures or interventions, or intrusive treatments including electroconvulsive therapy unless written informed consent is obtained from the person. Informed consent may be withdrawn at any time, is effective immediately, and must thereafter be reduced to writing. If the attending physician determines that the person is incapable of exercising informed consent, such treatment may be provided only if ordered after a hearing before the circuit court. If the court finds that the person is incapable of consenting to such treatment because the person's judgment is so affected by the mental illness that the person lacks the capacity to make a competent, voluntary and knowing decision concerning such treatment, the court may exercise a substituted judgment on the administration of such treatment. The order may be made to extend for up to one year. Electroconvulsive therapy may be administered only by a physician. Sterilization may not be authorized under authority of this title for a person incapable of providing informed consent.

Source: SL 1975, ch 181, § 21; SDCL Supp, § 27-7-56; SL 1991, ch 220, § 217; SDCL, § 27A-12-20; SL 1995, ch 163, § 4; SL 1996, ch 184, § 2.

State Codes and Statutes

Statutes > South-dakota > Title-27a > Chapter-12 > Statute-27a-12-3-20

27A-12-3.20. Informed consent to research, experimental or intrusive procedures--Court order where person incapable of consenting--Electroconvulsive therapy. No adult person may be the subject of experimental research, experimental or intrusive procedures or interventions, or intrusive treatments including electroconvulsive therapy unless written informed consent is obtained from the person. Informed consent may be withdrawn at any time, is effective immediately, and must thereafter be reduced to writing. If the attending physician determines that the person is incapable of exercising informed consent, such treatment may be provided only if ordered after a hearing before the circuit court. If the court finds that the person is incapable of consenting to such treatment because the person's judgment is so affected by the mental illness that the person lacks the capacity to make a competent, voluntary and knowing decision concerning such treatment, the court may exercise a substituted judgment on the administration of such treatment. The order may be made to extend for up to one year. Electroconvulsive therapy may be administered only by a physician. Sterilization may not be authorized under authority of this title for a person incapable of providing informed consent.

Source: SL 1975, ch 181, § 21; SDCL Supp, § 27-7-56; SL 1991, ch 220, § 217; SDCL, § 27A-12-20; SL 1995, ch 163, § 4; SL 1996, ch 184, § 2.

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State Codes and Statutes

Statutes > South-dakota > Title-27a > Chapter-12 > Statute-27a-12-3-20

27A-12-3.20. Informed consent to research, experimental or intrusive procedures--Court order where person incapable of consenting--Electroconvulsive therapy. No adult person may be the subject of experimental research, experimental or intrusive procedures or interventions, or intrusive treatments including electroconvulsive therapy unless written informed consent is obtained from the person. Informed consent may be withdrawn at any time, is effective immediately, and must thereafter be reduced to writing. If the attending physician determines that the person is incapable of exercising informed consent, such treatment may be provided only if ordered after a hearing before the circuit court. If the court finds that the person is incapable of consenting to such treatment because the person's judgment is so affected by the mental illness that the person lacks the capacity to make a competent, voluntary and knowing decision concerning such treatment, the court may exercise a substituted judgment on the administration of such treatment. The order may be made to extend for up to one year. Electroconvulsive therapy may be administered only by a physician. Sterilization may not be authorized under authority of this title for a person incapable of providing informed consent.

Source: SL 1975, ch 181, § 21; SDCL Supp, § 27-7-56; SL 1991, ch 220, § 217; SDCL, § 27A-12-20; SL 1995, ch 163, § 4; SL 1996, ch 184, § 2.