Section 27A-15-45 - Intrusive or experimental procedures prohibited--Petition for authorizationunder certain circumstances. - South Dakota Statutes

27A-15-45. Intrusive or experimental procedures prohibited--Petition for authorization under certain circumstances. Except as otherwise provided herein, no minor may be administered or subjected to intrusive or experimental procedures or interventions of any type, or any form of intrusive treatment including convulsive or shock therapy and electric shock. A parent's, guardian's, custodian's, or minor's consent alone may not authorize such research, procedures, interventions, or treatments. If the minor's treating psychiatrist determines, in writing, that any of the foregoing treatments are necessary and the least restrictive treatment alternative medically necessary for improvement of the minor's severe mental illness, the administrator or facility director shall immediately petition the circuit court pursuant to § 27A-15-49 for authorization to institute such treatment upon the following conditions being met:
(1) The treating psychiatrist's opinion is concurred in by a consulting psychiatrist or, if a consulting psychiatrist is not available, a consulting physician; and
(2) The oral and written informed consent of the parent, or guardian and minor if over sixteen, are obtained.
The parent's or guardian's and minor's informed consent, the treating psychiatrist's determination, and the consulting psychiatrist's or physician's concurrence shall become a part of the minor's medical records.

Source: SL 1991, ch 220, § 335.