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100 chapters · 1,735 sections in this title.
SDCL § 34-51-1 Definitions
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Terms used in this chapter mean: (1) "Eligible facility," an institution operating under a federalwide assurance for the protection of human subjects, pursuant to 45 C.F.R. Part 46 (January 1, 2025); (2) "Eligible patient," an individual who has: (a) A disease or condition that i…
SDCL § 34-51-10 Private cause of action not created--Good faith, reasonable care
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This chapter does not create a private cause of action against a manufacturer of a general or individualized investigative treatment, or against another person or entity involved in the care of an eligible patient receiving the treatment, for any harm done to the eligible patient…
SDCL § 34-51-11 Payment of treatment by government agency--Insurance coverage--Services by health care facility--Not required
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Nothing in this chapter requires: (1) A governmental agency to pay any costs associated with the use, care, or treatment of an eligible patient with an individualized investigative treatment; (2) A health plan, health carrier, or third-party administrator to provide coverage for …
SDCL § 34-51-3 Informed consent necessary--Requirements
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To receive a general or individualized investigative treatment, an eligible patient must give informed consent. For the purposes of this section, "informed consent," means a written document that: (1) Is signed by the eligible patient; the patient's parent or legal guardian, if t…
