Title 34 — PUBLIC HEALTH AND SAFETY
100 chapters · 1,959 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SDCL § 34-51-2 Repealed
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Source: SL 2015, ch 188 , § 2; SL 2025, ch 144 , § 9.
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…
SDCL § 34-51-4 General or individualized investigative treatment--Manufacturer not required to provide--Patient request--Costs
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A manufacturer of a general investigative treatment, or a manufacturer of an individualized investigative treatment operating within an eligible facility, may make the treatment available to an eligible patient, with or without compensation. An eligible facility, or a manufacture…
SDCL § 34-51-5 Repealed
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Source: SL 2015, ch 188 , § 5; SL 2025, ch 144 , § 10.
SDCL § 34-51-6 Reimbursement from decedent's estate prohibited
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If a patient dies while receiving a general or individualized investigative treatment, the manufacturer or eligible facility may not seek reimbursement for any outstanding debt related to the treatment or lack of insurance due to the treatment from the patient's or caretaker's es…
SDCL § 34-51-7 Physician not liable for recommendation
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No licensing board may revoke, fail to renew, suspend, or take any action against a physician's license pursuant to chapter 36-4 , based solely on the physician's recommendations to an eligible patient regarding access to or receipt of a general or individualized investigative tr…
SDCL § 34-51-8 Treating physician immune
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A treating physician who is in compliance with the requirements of this chapter may not be subject to arrest or prosecution, penalty, or denial of any right or privilege granted otherwise. Source: SL 2015, ch 188 , § 8.
SDCL § 34-51-9 State agent prohibited from blocking access--Exclusion
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No official, employee, or agent of this state may block or attempt to block an eligible patient's access to a general or individualized investigative treatment. Counseling, advice, or a recommendation consistent with medical standards of care from a licensed health care provider …