S.D. Codified Laws § 34-14-22

Current through the 2024 Legislative Session

Section 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 be tested or the legally authorized representative of the person to be tested that includes, at a minimum, all of the following:

(1) The nature and purpose of the predictive genetic test;

(2) The effectiveness and limitations of the predictive genetic test;

(3) The implications of taking the predictive genetic test, including, the medical risks and benefits;

(4) The future uses of the sample taken from the person tested in order to conduct the predictive genetic test and the information obtained from the predictive genetic test;

(5) The meaning of the predictive genetic test results and the procedure for providing notice of the results to the person tested; and

(6) A listing of who will have access to the sample taken from the person tested in order to conduct the predictive genetic test and the information obtained from the predictive genetic test, and the person's right to confidential treatment of the sample and the information.

SDCL 34-14-22

SL 2001, ch 184, §2.