34-26-51. Who may make anatomical gift before donor’s death. Subject to §34-26-55, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in §34-26-52 by: (1)The donor, if the donor is an adult or […]
34-26-52. Manner of making anatomical gift before donor’s death. (a) A donor may make an anatomical gift: (1)By checking a box on the driver license or identification card application authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver license or identification card. The […]
34-26-52.1. Organ donor designation on driver licenses and identification cards–Maintenance and removal of donor designation in department computer records. The department shall maintain a computer record of donors and shall place the designation on each driver license or identification card subsequently issued to the donor. The department is not required to maintain the physical record […]
34-26-53. Amending or revoking anatomical gift before donor’s death. (a) Subject to §34-26-55, a donor or other person authorized to make an anatomical gift under §34-26-51 may amend or revoke an anatomical gift by: (1)A record signed by: (A)The donor; (B)The other person; or (C)Subject to subsection (b), another individual acting at the direction of […]
34-26-54. Refusal to make anatomical gift–Effect of refusal. (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; (2)The individual’s […]
34-26-55. Preclusive effect of anatomical gift, amendment, or revocation. (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 […]
34-26-56. Who may make anatomical gift of decedent’s body or part. (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 […]
34-26-57. Manner of making, amending, or revoking anatomical gift of decedent’s body or part. (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 […]
34-26-58. Persons who may receive anatomical gift–Purpose of anatomical gift. (a) An anatomical gift may be made to the following persons named in the document of gift: (1)A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education; (2)Subject to subsection (b), an individual designated […]
34-26-59. Search and notification. (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 officer, firefighter, paramedic, or […]
34-26-6. Dissection of body of state institution inmate–Consent of next of kin required–Abandoned inmate. 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 […]
34-26-60. Delivery of document of gift not required–Right to examine. (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 […]
34-26-61. Rights and duties of procurement organization and others. (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 […]
34-26-62. Coordination of procurement and use. 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.
34-26-63. Sale or purchase of parts prohibited. (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 […]
34-26-64. Other prohibited acts. 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.
34-26-65. Immunity. (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) Neither the person making an anatomical gift […]
34-26-66. Law governing validity–Choice of law as to execution of document of gift–Presumption of validity. (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 […]
34-26-67. Donor registry. (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 hospitals in South Dakota, shall compile, operate, maintain, and modify the registry […]
34-26-68. Effect of anatomical gift on advance health care directive. (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 signed by a […]
