34-14-1. Information obtained in medical studies confidential–Inadmissibility in evidence. All information, interviews, reports, statements, memoranda, or other data procured by the Department of Health, South Dakota State Medical Association, allied medical societies, or in-hospital staff committees of accredited hospitals in the course of a medical study for the purpose of reducing morbidity or mortality shall […]
34-14-16. Research that destroys human embryo prohibited–Violation as misdemeanor. No person may knowingly conduct nontherapeutic research that destroys a human embryo. A violation of this section is a Class 1 misdemeanor. Source: SL 2000, ch 169, §1.
34-14-17. Research subjecting human embryo to substantial risk prohibited–Sale or transfer of embryos for research prohibited–Violation as misdemeanor. No person may knowingly conduct nontherapeutic research that subjects a human embryo to substantial risk of injury or death. No person may sell or transfer a human embryo with the knowledge that the embryo will be subjected […]
34-14-18. Use of cells or tissues obtained in violation of §34-14-16 or 34-14-17 prohibited. No person may use for research purposes cells or tissues that the person knows were obtained by performing the activities described in §§34-14-16 and 34-14-17. A violation of this section is a Class 1 misdemeanor. Source: SL 2000, ch 169, §3.
34-14-19.”Nontherapeutic research” defined. For purposes of §§34-14-16 to 34-14-20, inclusive, the term, nontherapeutic research, means research that is not intended to help preserve the life and health of the particular embryo subjected to risk. It does not include in vitro fertilization and accompanying embryo transfer to a woman’s body or any diagnostic test which may […]
34-14-20.”Human embryo” defined. For purposes of §§34-14-16 to 34-14-20, inclusive, the term, human embryo, means a living organism of the species Homo sapiens at the earliest stages of development (including the single-celled stage) that is not located in a woman’s body. Source: SL 2000, ch 169, §5.
34-14-21. Definition of terms used in §§34-14-21 to 34-14-24. Terms used in §§34-14-21 to 34-14-24, inclusive, mean: (1)”Genetic information,” information derived from a genetic test about a gene, gene product, or inherited characteristic; (2)”Genetic test,” a test of human DNA, RNA, chromosomes, or genes performed in order to identify the presence or absence of an […]
34-14-22. Informed consent required prior to predictive genetic testing–Minimum requirements of written, informed consent. No person may order or perform a predictive genetic test without first obtaining the written, informed consent of the person to be tested. For purposes of this section, written, informed consent consists of a signed writing executed by the person to […]
34-14-23. Person to be tested to receive copy of signed consent form–Original signed form to be filed in medical records. If a person to be tested or the person’s legally authorized representative signs a copy of the informed consent form developed pursuant to §34-14-22, the person obtaining the informed consent shall give the person to […]
34-14-24. Tests performed in pursuance of criminal investigation or court order not affected. Nothing in §§34-14-21 to 34-14-24, inclusive, or §34-14-25, alters the ability to perform genetic tests done in pursuance of a lawful criminal investigation or court order. Source: SL 2001, ch 184, §4; SL 2002, ch 166, §2.
34-14-25. Genetic testing to be performed by accredited laboratory enrolled in proficiency testing program–State health laboratory not affected. If a genetic test, as defined in §34-14-21, is required or authorized by state law, or performed in the state, the test shall be performed in a laboratory accredited by the College of American Pathologists, the Joint […]
34-14-26. Definition of terms. Terms used in §§34-14-26 to 34-14-28, inclusive, mean: (1)”Human cloning,” human asexual reproduction accomplished by introducing the nuclear material of a human somatic cell into a fertilized or unfertilized oocyte whose nucleus has been removed or inactivated to produce a living organism, at any stage of development, with a human or […]
34-14-27. Human cloning as felony–Civil penalty. No person or entity, public or private, may: (1)Perform or attempt to perform human cloning; (2)Participate in an attempt to perform human cloning; (3)Transfer or receive the product of human cloning; or (4)Transfer or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic cell, for […]
34-14-28. Scientific research not restricted if not prohibited. Nothing in §§34-14-26 to 34-14-28, inclusive, restricts areas of scientific research not specifically prohibited by §§34-14-26 to 34-14-28, inclusive, including research in the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, cells other than human embryos, tissues, organs, plants, or animals other […]
34-14-3. Disclosure of information from medical study as misdemeanor. It is a Class 1 misdemeanor to disclose any information, records, reports, statements, notes, memoranda, or other data obtained for or contained in any medical study for the purpose of reducing morbidity or mortality, except that necessary for the purpose of the specific study. Source: SL […]
34-14-4. Immunity from liability for furnishing information to research agencies. The furnishing of information described in §34-14-1 in the course of a research project to the Department of Health, South Dakota State Medical Association, or allied medical societies or their authorized representatives, shall not subject any person, hospital, sanitarium, nursing, or rest home or any […]
34-14-5. Physician’s consent required for research interviews. No patient, or patient’s relatives, or patient’s friends named in any medical study, shall be interviewed for the purpose of such study unless consent of the attending physician and surgeon is first obtained. Source: SL 1959, ch 134, §4; SDC Supp 1960, §27.0117.
34-14-6. Legislative findings as to use of animals in research. The public health and welfare depend on the humane use of animals for the diagnosis and treatment of human and animal diseases, the advancement of veterinary, dental, medical, and biological sciences, and the testing and diagnosis, improvement, and standardization of laboratory specimens, biologic products, pharmaceuticals, […]
