34-26-1. Personal right to direct disposition of body and bodily parts. 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 […]
34-26-10. Embalming and preservation of bodies by medical school–Claim by friend or relative. 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, […]
34-26-11. Use of unclaimed bodies by medical school–Burial of remains. 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, the […]
34-26-12. Autopsies at hospitals for the mentally ill. 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, §5595; SDC 1939, […]
34-26-13. Unauthorized dissection of body as misdemeanor. 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 […]
34-26-14. Right to custody of dead body–Coroner’s custody pending inquest. 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 […]
34-26-15. Burial within reasonable time required. 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 […]
34-26-17. Right and duty of burial on failure by persons first charged–County claim against estate for expense of burial. 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 […]
34-26-18. Failure to make burial as misdemeanor–Civil liability for treble expenses. Every person upon whom the duty of making burial of the remains of a deceased person is imposed by law, who omits to perform that duty within a reasonable time, is guilty of a Class 1 misdemeanor; and, in addition to the punishment prescribed […]
34-26-19. Provisions applicable to parts of body. 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 […]
34-26-2. Autopsy authorized. 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)If the surviving spouse is incompetent or not available or […]
34-26-21.1. Department of Public Safety distribution of information on organ donation. The Department of Public Safety shall provide each person renewing or applying for a driver license or nondriver identification card an opportunity to review information about organ donation, such as information available from the organ procurement organization designated by the federal government for this […]
34-26-3. Dissection authorized by decedent during life. 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.
34-26-4. Dissection authorized by spouse or next of kin. 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 […]
34-26-47. Hospital protocol for identifying potential organ donors. 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 discretion and sensitivity with respect […]
34-26-47.1. Discrimination in organ transplant process prohibited. 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 violation of this statute […]
34-26-48. Short title. 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.
34-26-49. Definitions. 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 authorized to make an anatomical gift on the principal’s behalf by any […]
34-26-5. Dissection for purposes of inquest authorized by coroner, sheriff, or state’s attorney. 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, […]
34-26-50. Applicability. 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.
