An Act to authorize forensic medical examinations for certain persons.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

22-22-26.3. Forensic medical examination--Informed Consent--Liability or discipline.

A physician, hospital, or clinic may provide a forensic medical examination, as defined under § 22-22-26, without the consent of a guardian or conservator of a protected person, as defined under § 29A-5-102, to any protected person who provides informed consent. If a patient has a guardian or conservator, the physician, hospital, or clinic shall take reasonable steps make a good faith effort to notify the guardian or conservator that an examination has taken placebefore the forensic medical examination that the patient provided informed consent for the examination and the examination will take place, unless the guardian or conservator is the suspected perpetrator.

A physician, hospital, or clinic who in good faith believes that a patient is incapable of giving informed consent under this section may not be subject to criminal prosecution, civil liability, or professional discipline for failing to follow the patient's direction or for making the determination.

A physician, hospital, or clinic who in good faith believes that a patient is capable of giving informed consent under this section may not be subject to criminal prosecution, civil liability, or professional discipline for following a patient's direction or for making the determination.

For purposes of this section, the term, informed consent, means consent voluntarily, knowingly, and competently given without any element of force, fraud, deceit, duress, threat, or other form of coercion after conscientious explanation of all information that a reasonable person would consider significant to the decision in a manner reasonably comprehensible to general lay understanding.