Title 34 — PUBLIC HEALTH AND SAFETY

Source: SL 1951, ch 188 , § 2; SDC Supp 1960, § 34.1016; SL 1961, ch 184 , § 2; SL 1981, ch 263 ; SL 1985, ch 191 , § 5; SL 2009, ch 123 , § 2.

Every person has the right to direct the manner in which his body or any part thereof shall be disposed of after his death, and to direct the manner in which any part of his body which becomes separated therefrom during his lifetime shall be disposed of. The provisions of §§ 34-2…

All bodies delivered pursuant to § 34-26-8 shall be properly embalmed, and shall be preserved for a period of not less than sixty days, during which time any personal friend or relative of the decedent, making request for such body for private interment, shall be given possession…

Bodies delivered pursuant to § 34-26-8 unclaimed after the expiration of sixty days may be used for the promotion of medical and surgical science, and the instruction and study of physicians and students of anatomy and embalming in this state. After having served such purpose, th…

Nothing contained in §§ 34-26-8 to 34-26-11 , inclusive, shall preclude the officers of the state hospitals for the mentally ill from using the unclaimed remains of patients dying in such hospitals to make autopsies for pathological study. Source: SL 1909, ch 278 , § 4; RC 1919, …

Every person who makes or procures to be made any dissection of the body of a human being, except by authority of law or in pursuance of a permission given by the decedent, is guilty of a Class 1 misdemeanor. Source: PenC 1877, § 352; CL 1887, § 6553; RPenC 1903, § 357; RC 1919, …

The person charged by law with the duty of burying the body of a deceased person is entitled to the custody of such body for the purpose of burying it. However, in the cases in which an investigation or inquest is required by law to be held upon a dead body, by a coroner, such co…

Except in the cases in which the right to dissect a dead body is expressly conferred by law, every dead body of a human being lying within this state must be decently buried within a reasonable time after the death. Nothing herein shall affect the right to remove from or carry th…

Source: PenC 1877, § 355; CL 1887, § 6556; RPenC 1903, § 360; RC 1919, § 3874; SDC 1939, § 27.1303; SL 1963, ch 153 ; SL 2022, ch 113 , § 12.

In case the person upon whom the right and duty of burial is first cast by the provisions of § 34-26-75 does not make the burial within a reasonable time, the duty devolves upon the person next specified; and if all omit to act it devolves upon the county of the legal residence o…

All provisions of this code requiring burial of a dead body, or punishing interference with, or injuries to a dead body, apply equally to any part of a dead body separated therefrom during lifetime, or by dissection after death, as soon as the lawful purposes of such dissection h…

An autopsy may be performed upon the body of a deceased person by a physician or surgeon whenever so authorized in writing, or by electronically recorded telephone communication: (1) By the decedent during the decedent's lifetime; or (2) By the decedent's surviving spouse; or (3)…

The Department of Public Safety shall provide each individual renewing or applying for a driver license or nondriver identification card an opportunity to review information about organ donation and the national marrow donor program. The department shall distribute this informati…

The right to dissect the dead body of a human being exists whenever a person lawfully gives permission for such disposal of his body or any part thereof after death. Source: SDC 1939, § 27.1304 (5); SL 1963, ch 152 .

The right to dissect the dead body of a human being exists whenever any spouse or next of kin of a deceased person, or any other person, being charged by law with the duty of burial authorizes such dissection of the dead body or any part thereof for the purpose of ascertaining th…

A hospital shall establish written protocols for the identification of potential human organ, eye, and tissue donors that: (1) Assure that families of potential donors are made aware of the option of organ, eye, and tissue donation and their option to decline; (2) Encourage discr…

No person may discriminate against an individual at any point in the organ transplant process, solely on the basis of an individual’s mental or physical disability, unless the disability has been determined to be medically significant to the provision of an anatomical gift. A vio…

Sections 34-26-48 to 34-26-72 , inclusive, may be cited as the Revised Uniform Anatomical Gift Act. Source: SL 2007, ch 197 , § 1.

In §§ 34-26-48 to 34-26-72 , inclusive: (1) "Adult" means an individual who is at least eighteen years of age. (2) "Agent" means an individual: (A) Authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or (B) Expressly authoriz…

The right to dissect the dead body of a human being exists if the death occurs under circumstances in which a coroner is authorized by law to hold an inquest upon the body or under the provisions of § 23-14-9.1 , and a coroner, sheriff, or the state's attorney designated by law t…

Sections 34-26-48 to 34-26-72 , inclusive, apply to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. Source: SL 2007, ch 197 , § 3.

Subject to § 34-26-55 , an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in § 34-26-52 by: (1) The donor, if the donor is an adult or if the donor is a …

(a) A donor may make an anatomical gift: (1) By checking a box on the driver license or identification card application authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver license or identification card. Th…

The department shall maintain a computer record of donors and shall place the designation on each driver license or identification card subsequently issued to the donor. The department is not required to maintain the physical record of the donor card or application after issuing …

(a) Subject to § 34-26-55 , a donor or other person authorized to make an anatomical gift under § 34-26-51 may amend or revoke an anatomical gift by: (1) A record signed by: (A) The donor; (B) The other person; or (C) Subject to subsection (b), another individual acting at the di…

(a) An individual may refuse to make an anatomical gift of the individual's body or part by: (1) A record signed by: (A) The individual; or (B) Subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign; …

(a) Except as otherwise provided in subsection (g) and subject to subsection (f), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor m…

(a) Subject to subsections (b) and (c) and unless barred by § 34-26-54 or § 34-26-55 , an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably a…

(a) A person authorized to make an anatomical gift under § 34-26-56 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed…

The term includes a statement or symbol on a driver's license, identification card, or donor registry. (7) "Donor" means an individual whose body or part is the subject of an anatomical gift. (8) "Donor registry" means a database that contains records of anatomical gifts and amen…

(a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: (1) A law enforcement offic…

The right to dissect the dead body of a human being exists whenever the person dying is at the time of death an inmate of any charitable institution supported by the State of South Dakota, and such person is at the time of death under medical treatment by physicians appointed or …

(a) A document of gift need not be delivered during the donor's lifetime to be effective. (b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copyi…

(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Department of Public Safety and any donor registry that it knows exists for the geographical area in which the individual…

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. Source: SL 2007, ch 197 , § 15.

(a) Except as otherwise provided in subsection (b), a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits a Class 5 felony. (b)…

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a Class 5 felony. Source: SL 2007, ch 197 , § 17.

(a) A person that acts in accordance with §§ 34-26-48 to 34-26-72 , inclusive, or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. (b) Nei…

(a) A document of gift is valid if executed in accordance with: (1) Sections 34-26-48 to 34-26-72 , inclusive; (2) The laws of the state or country where it was executed; or (3) The laws of the state or country where the person making the anatomical gift was domiciled, has a plac…

(a) The Department of Public Safety shall establish or contract for the establishment of a donor registry. (b) The department, in partnership with the federally-designated organ procurement organization and any nonprofit tissue or eye donation agency which holds agreements with h…

(a) In this section: (1) "Advance health care directive" means a power of attorney for health care or a record signed by a prospective donor containing the prospective donor's direction concerning a health care decision for the prospective donor. (2) "Declaration" means a record …

(a) A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. (b) If a coroner receives notice from a procurement organization that an anatomical gift might…

The right to dissect the dead body of a human being exists in the cases authorized by positive enactment of the Legislature of this state. Source: PenC 1877, § 351, subdiv 1; CL 1887, § 6552, subdiv 1; RPenC 1903, § 356, subdiv 1; RC 1919, § 3870 (1); SDC 1939, § 27.1304 (1).

(a) Upon request of a procurement organization, a coroner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the coroner. If the decedent's body or part is med…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: SL 2007, ch 197 , § 24.

Sections 34-26-48 to 34-26-72 , inclusive, modify, limit, and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit or supersede section 101(a) of that act, 15 U.S.C. section 7001, or authorize electron…

If a decedent dies while serving in any branch of the United States armed forces, the United States reserve forces, or the national guard, as provided by 10 U.S.C. 1481 section (a)(1) to (8), inclusive, and the decedent has designated a person authorized to direct disposition of …

A person, who is 18 years of age or older and of sound mind, by entering into a preneed contract as defined by § 55-11-1 , may direct the location, manner and conditions of disposition of the person’s remains, and the arrangements for funeral goods and services to be provided upo…

Except as provided in §§ 34-26-74 and 34-26-76 , the right and the duty to control the disposition of a decedent's remains, including the location, manner, and conditions of disposition, and arrangements for the provision of funeral goods and services, vests in the following, in …

A person entitled under law to the right and duty of disposition forfeits that right and that duty, and the right and duty is passed on to the next qualifying person as listed in § 34-26-75 , in the following circumstances: (1) Any person charged with first- or second-degree murd…