Title 34 — PUBLIC HEALTH AND SAFETY

(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…

A person who is 18 years or older and of sound mind wishing to authorize another person to control the disposition of his or her remains as referenced in § 34-26-75 , may execute an affidavit before a notary public in substantially the following form: State of _______________ } C…

Notwithstanding §§ 34-26-74 to 34-26-77 , inclusive, the court of the county where the decedent resided may award the right of disposition to the person determined by the court to be the most fit and appropriate to carry out the right of disposition, and may make decisions regard…

Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition is deemed to warrant the truthfulness of any facts set forth therein, including the identity of the decedent whose remains are to be buried, cremated, or other…

It shall be the duty of any person into whose charge may come the unclaimed dead body of a convict or other person to be buried at public expense, to give notice to the dean of the School of Medicine of the University of South Dakota within twenty - four hours after the receipt o…

No funeral home or funeral director who relies in good faith upon the instructions of an individual claiming the right of disposition shall be subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance wi…

A receipt for any body forwarded pursuant to § 34-26-8 shall be given to the officer or person delivering the same, and the medical school of the university shall keep or cause to be kept, a record of all such bodies so received, in which shall be recorded at length all facts nec…

Terms used in this chapter mean: (1) "Alternative container," a receptacle into which a decedent is placed for transport to a crematory and cremation and which: (a) Is made of combustible material; (b) Provides complete covering for the decedent; (c) Is impermeable; (d) Is suffic…

Source: SL 1988, ch 283 , § 10; SL 2023, ch 129 , § 39.

Source: SL 1988, ch 283 , § 11; SL 2023, ch 129 , § 40.

Source: SL 1988, ch 283 , § 12; SL 2023, ch 129 , § 41.

Unless otherwise specified in the authorization to cremate form, a crematory may not: (1) Remove the decedent from the casket or alternative container in which the decedent was delivered to the crematory; (2) Fail to cremate the casket or alternative container in which the decede…

Source: SL 1988, ch 283 , § 13; SL 2023, ch 129 , § 42.

Except as otherwise provided in this section, a decedent may not be cremated for twenty-four hours following: (1) The decedent's time of death, as pronounced by a physician, or other health care professional acting within the person's scope of practice; or (2) The time at which a…

If the crematory receives the remains of a deceased person and crematory personnel have reason to believe that the person may have died by unlawful means or that the person's death is subject to investigation under § 23-14-18 , the crematory shall notify the coroner of the county…

Source: SL 1988, ch 283 , § 15; SL 2023, ch 129 , § 43.

Source: SL 1988, ch 283 , § 16; SL 2023, ch 129 , § 44.

Upon accepting for cremation a body that has been embalmed, a crematory shall place the body in a holding facility, until the time of cremation. Upon accepting for cremation a body that has not been embalmed, a crematory may place the body: (1) In a refrigerated facility, until t…

Source: SL 1988, ch 283 , § 17; SL 2023, ch 129 , § 45.

Source: SL 1988, ch 283 , § 18; SL 2023, ch 129 , § 46.

The crematory shall have procedures in place to provide for the identification and continuous tracking of human remains throughout the cremation process and until the remains are released. Source: SL 1988, ch 283 , § 19; SL 2023, ch 129 , § 17.

Source: SL 1988, ch 283 , § 2; SL 2022, ch 113 , § 10; SL 2023, ch 129 , § 33.

Upon completion of a cremation, crematory personnel shall remove, from the cremation chamber, all recoverable cremation residue. Crematory personnel shall place the cremated remains into an urn, if so directed in the authorization to cremate form. If no directives are included in…

A crematory that removes recyclable material from the cremation residue, in accordance with the authorization to cremate form, may deliver the material for recycling. Source: SL 2023, ch 129 , § 15.

Source: SL 1988, ch 283 , § 21; SL 2023, ch 129 , § 47.

Upon completion of a cremation, crematory personnel shall prepare a record of the cremation, and include the name of the decedent and the date and time of the cremation. The crematory shall retain the record required by this section in accordance with the record retention provisi…