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SOUTH DAKOTA

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=34-23A-1.6&Type=Statute

34-23A-1.6.   Legislative findings--Standard of practice requiring informed consent. The Legislature finds that, through the common law, the courts of the State of South Dakota have imposed a standard of practice in the health care profession that, except in exceptional circumstances, requires physicians and other health care practitioners to provide patients with such facts about the nature of any proposed course of treatment, the risks of the proposed course of treatment, the alternatives to the proposed course, including any risks that would be applicable to any alternatives, as a reasonable patient would consider significant to the decision of whether to undergo the proposed course of treatment.

Source: SL 2005, ch 186, § 5.

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=27A-15-47&Type=Statute

27A-15-47.   Oral and written informed consent of minor and parent required for use of psychotropic medication on minor sixteen or older. Except as otherwise provided by this title, psychotropic medication and other treatment may be administered to a minor sixteen years of age or older only with the oral and written informed consent of the minor and the minor's parent, legal guardian, or custodian. If oral and written consent are unable to be obtained by the facility within a reasonable time, efforts to obtain such consent shall be documented in the minor's record and either oral or written consent shall then be sufficient for this purpose.

Psychotropic medication may be administered only if prescribed by the minor's treating psychiatrist upon the psychiatrist's written determination that the medication is the least restrictive treatment alternative medically necessary for improvement of the minor's severe mental illness. The informed consent of the minor and the minor's parent, legal guardian, or custodian and the treating psychiatrist's determination shall become part of the minor's medical records. The failure to obtain the informed consent of the minor shall be treated as a refusal of treatment pursuant to § 27A-15-48.

Source: SL 1991, ch 220, § 337; SL 1992, ch 189, § 28; SL 1993, ch 213, § 129; SL 1995, ch 164, § 2.

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=27A-8-15&Type=Statute

27A-8-15.   Explanation required prior to acceptance of voluntary inpatient--Informed consent- -Application form. Before an individual is accepted for voluntary inpatient treatment at an inpatient psychiatric facility, an explanation shall be made to him of the nature of such status, including the types of treatment available, and restraints or restrictions to which he may be subject including possible conversion to involuntary status as provided in this chapter together with a statement of his rights under this title.

An informed consent as defined in subdivision 27A-1-1(8) shall be obtained orally and in writing upon an application form which shall contain in bold print and simple language the substance of §§ 27A-8-10, 27A-8-11.2, 27A-8-14, and 27A-8-10.1. In addition, the application form shall include the following representations:

 (1)      The applicant understands that his treatment will involve inpatient status;

 (2)      He is willing to be admitted to the facility;

 (3)      He consents to such admission voluntarily, without any element of force, duress, threat, or other form of coercion.

The consent shall be part of the person's record. In addition, a copy of the signed application and a written statement of the patient's rights under this title shall be given to the patient and to any one other person designated by the patient.

Source: SL 1991, ch 220, § 64.

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=27A-15-9&Type=Statute

27A-15-9.   Informed consent--Oral and written--Copy to parent and minor. An informed consent, as defined in subdivision 27A-1-1(8), to inpatient treatment of the minor shall be obtained orally, and in writing upon the application form from the parent. The consent and signed application shall become part of the minor's medical records. In addition, a copy of the signed application and a written statement of the parent's and minor's rights under this title shall be given to the parent and to the minor.

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=34-12F-1&Type=Statute

34-12F-1.   Definitions. Terms used in this chapter mean:

 (1)      "Cardiopulmonary resuscitation," measures to restore cardiac function or to support breathing in the event of respiratory or cardiac arrest or malfunction. Cardiopulmonary resuscitation includes chest compression, delivering electric shock to the chest, or manual or mechanical methods to assist breathing;

 (2)      "EMS cardiopulmonary resuscitation directive," an advance medical directive pertaining to the administration of cardiopulmonary resuscitation, which is a medical order based on informed consent, signed by or on behalf of an individual and a physician, a physician assistant, or a nurse practitioner, directing emergency medical services personnel to not perform resuscitative measures in the event of respiratory or cardiac arrest or malfunction;

 (3)      "Emergency medical service personnel," any emergency medical technician at any level as defined in § 36-4B-1;

 (4)      "Informed consent," consent voluntarily, knowingly, and competently given without any element of force, fraud, deceit, duress, threat, or other form of coercion after explanation by a physician, physician' s assistant, or nurse practitioner of any information that a reasonable person would consider significant to the decision in a manner reasonably comprehensible to general lay understanding.

Source: SL 2004, ch 226, § 1; SL 2005, ch 183, § 1.

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=27B-8-54&Type=Statute

27B-8-54.   Behavior intervention programs--Prerequisites to implementation. Any behavior intervention program shall use, develop, and promote positive, respectful approaches for teaching in every aspect of life.

Behavior intervention programs may only be implemented following the completion of a comprehensive functional analysis if alternative nonrestrictive procedures have been proven to be ineffective, and only with the informed consent of the person with a developmental disability, if eighteen years of age or over and capable of giving informed consent, or the person's parent or legal guardian. Behavior intervention programs shall be developed in conjunction with the interdisciplinary team and implemented in accordance with § 27B-8-52.

Source: SL 2000, ch 131, §§ 99, 100.

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=27A-15-48&Type=Statute

27A-15-48.   Right to refuse psychotropic medication--Treatment administered despite minor's refusal--Parental consent--Judicial determination. A minor sixteen years of age or older, whether involuntarily committed or admitted by a parent, has the right to refuse psychotropic medication. If a psychotropic medication is prescribed by the minor's treating psychiatrist upon his written determination that the treatment is the least restrictive treatment alternative medically necessary for improvement of the minor's severe mental illness, which opinion is concurred in by a consulting physician, the treatment may be administered with the informedconsent of the minor's parent, guardian, or other legal custodian pending the judicial determination required in § 27A-15-50. Documentation of the minor's refusal, and the treating psychiatrist's written determination and the consulting physician's concurrence shall be made part of the minor's medical records.

Source: SL 1991, ch 220, § 338.

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=27A-16-2&Type=Statute

27A-16-2.   Declaration of mental illness treatment. Any adult of sound mind may make a declaration of preferences or instructions for mental illness treatment. The preferences or instructions may include consent to mental illness treatment. A declaration for mental illness treatment continues in effect for three years or until revoked, whichever is first. If a declaration for mental illness treatment has been invoked and is in effect on the date that the declaration is to expire, the declaration remains effective until there is a subsequent determination by the attending physician, treating psychiatrist, or the circuit court that the principal is capable of giving informed consent.

Source: SL 1997, ch 165, § 2.

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=27B-1-17&Type=Statute

27B-1-17.   Definitions. Terms used in this title mean:
(11)      "Informed consent," written consent voluntarily, knowingly, and competently given without any element of force, fraud, deceit, duress, threat, or other form of coercion, after explanation of all information that a reasonable person would consider significant to the decision in a manner reasonably comprehensible to general lay understanding;



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