reglab/housing_qa huggingface dataset:
SD Codified L § 34-26-55 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26 - Custody And Disposition Of Bodies And Body Parts|Section 34-26-55 - Preclusive effect of anatomical gift, amendment, or revocation.

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 if the donor made an anatomical gift of the donor's body or part under §34-26-52 or an amendment to an anatomical gift of the donor's body or part under §34-26-53.(b) A donor's revocation of an anatomical gift of the donor's body or part under §34-26-53 is not a refusal and does not bar another person specified in §34-26-51 or 34-26-56 from making an anatomical gift of the donor's body or part under §34-26-52 or 34-26-57.(c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under §34-26-52 or an amendment to an anatomical gift of the donor's body or part under §34-26-53, another person may not make, amend, or revoke the gift of the donor's body or part under §34-26-57.(d) A revocation of an anatomical gift of a donor's body or part under §34-26-53 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under §34-26-52 or 34-26-57.(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under §34-26-51, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.(f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under §34-26-51, an anatomical gift of a part for one or more of the purposes set forth in §34-26-51 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under §34-26-52 or 34-26-57.(g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.(h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal. Source: SL 2007, ch 197, §8.
SD Codified L § 34-26-56 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26 - Custody And Disposition Of Bodies And Body Parts|Section 34-26-56 - Who may make anatomical gift of decedent'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 is reasonably available, in the order of priority listed:(1)An agent of the decedent at the time of death who could have made an anatomical gift under §34-26-51(2) immediately before the decedent's death;(2)The spouse of the decedent;(3)Adult children of the decedent;(4)Parents of the decedent;(5)Adult siblings of the decedent;(6)Adult grandchildren of the decedent;(7)Grandparents of the decedent;(8)An adult who exhibited special care and concern for the decedent;(9)The persons who were acting as the guardians of the person of the decedent at the time of death; and(10)Any other person having the authority to dispose of the decedent's body.(b) If there is more than one member of a class listed in subsection (a) (1), (3), (4), (5), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under §34-26-58 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.(c) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift. Source: SL 2007, ch 197, §9.
SD Codified L § 34-26-57 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26 - Custody And Disposition Of Bodies And Body Parts|Section 34-26-57 - Manner of making, amending, or revoking anatomical gift of decedent's body or part.

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 reduced to a record and signed by the individual receiving the oral communication.(b) Subject to subsection (c), an anatomical gift by a person authorized under §34-26-56 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under §34-26-56 may be:(1)Amended only if a majority of the reasonably available members agree to the amending of the gift; or(2)Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.(c) A revocation under subsection (b) is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation. Source: SL 2007, ch 197, §10.
SD Codified L § 34-26-59 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26 - Custody And Disposition Of Bodies And Body Parts|Section 34-26-59 - Search and notification.

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 other emergency rescuer finding the individual; and(2)If no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.(b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (a)(1) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.(c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section. Source: SL 2007, ch 197, §12.
SD Codified L § 34-26-60 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26 - Custody And Disposition Of Bodies And Body Parts|Section 34-26-60 - Delivery of document of gift not required--Right to examine.

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 shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under §34-26-58. Source: SL 2007, ch 197, §13.
SD Codified L § 34-26-62 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26 - Custody And Disposition Of Bodies And Body Parts|Section 34-26-62 - Coordination of procurement and use.

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.
SD Codified L § 34-26-63 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26 - Custody And Disposition Of Bodies And Body Parts|Section 34-26-63 - Sale or purchase of parts prohibited.

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 may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part. Source: SL 2007, ch 197, §16.
SD Codified L § 34-26-64 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26 - Custody And Disposition Of Bodies And Body Parts|Section 34-26-64 - Other prohibited acts.

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.
SD Codified L § 34-26-65 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26 - Custody And Disposition Of Bodies And Body Parts|Section 34-26-65 - Immunity.

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 nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.(c) In determining whether an anatomical gift has been made, amended, or revoked under §§34-26-48 to 34-26-72, inclusive, a person may rely upon representations of an individual listed in §34-26-56(a)(2), (3), (4), (5), (6), (7), or (8) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue. Source: SL 2007, ch 197, §18.
SD Codified L § 34-26-66 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26 - Custody And Disposition Of Bodies And Body Parts|Section 34-26-66 - Law governing validity--Choice of law as to execution of document of gift--Presumption of validity.

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 the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.(b) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.(c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked. Source: SL 2007, ch 197, §19.
SD Codified L § 34-26-67 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26 - Custody And Disposition Of Bodies And Body Parts|Section 34-26-67 - Donor registry.

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 as necessary. The registry shall include pertinent information on all South Dakotans who have registered to donate organs, tissues, and eyes and all relevant information regarding a donor's making amendment to, or revocation of, an anatomical gift in accordance with the Revised Uniform Anatomical Gift Act (§§34-26-48 to 34-26-72, inclusive).(c) A donor registry must:(1)Allow a donor or other person authorized under §34-26-51 to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift;(2)Allow a donor or other person online access to register as a donor, to amend an existing donor status, or remove an existing donor registration seven days a week on a twenty-four hour basis;(3)Be accessible electronically to the federally designated organ procurement organization and any nonprofit tissue or eye donation agency which holds agreements with hospitals in South Dakota to allow the procurement organization to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and(4)Be accessible for purposes of subdivision (2) seven days a week on a twenty-four hour basis.(d) Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.(e) This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state. Any such registry must comply with subsections (c) and (d).(f) The department shall collect data from the registry that is not restricted by subsection (d) and share the data with the federally-designated organ procurement organization and any nonprofit tissue or eye donation agency which holds agreements with hospitals in South Dakota to be used for the purpose of evaluating the effectiveness or educational initiatives to promote organ, tissue, and eye donation that are conducted or coordinated by organ procurement organizations, hospitals, and state agencies operating in the state. Source: SL 2007, ch 197, §20; SL 2013, ch 159, §4.
SD Codified L § 34-26-68 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26 - Custody And Disposition Of Bodies And Body Parts|Section 34-26-68 - Effect of anatomical gift on advance health care directive.

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 prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.(3)"Health care decision" means any decision made regarding the health care of the prospective donor.(b) If a prospective donor has a declaration or advance health care directive, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor, unless the declaration expressly provides to the contrary. Source: SL 2007, ch 197, §21.
SD Codified L § 34-26-69 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26 - Custody And Disposition Of Bodies And Body Parts|Section 34-26-69 - Cooperation between coroner and procurement organization.

34-26-69. Cooperation between coroner and procurement organization.(a) A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.(b) If a coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the coroner and a post-mortem examination is going to be performed, unless the coroner denies recovery in accordance with §34-26-70, the coroner or designee shall conduct a post-mortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift.(c) A part may not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude a coroner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner. Source: SL 2007, ch 197, §22.
SD Codified L § 34-26-71 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26 - Custody And Disposition Of Bodies And Body Parts|Section 34-26-71 - Uniformity of application and construction.

34-26-71. Uniformity of application and construction.In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: SL 2007, ch 197, §24.
SD Codified L § 34-26-72 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26 - Custody And Disposition Of Bodies And Body Parts|Section 34-26-72 - Relation to Electronic Signatures in Global and National Commerce Act.

34-26-72. Relation to Electronic Signatures in Global and National Commerce Act.Sections 34-26-48 to 34-26-72, inclusive, modify, limit, and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit or supersede section 101(a) of that act, 15 U.S.C. section 7001, or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. section 7003(b). Source: SL 2007, ch 197, §25.
SD Codified L § 34-26-73 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26 - Custody And Disposition Of Bodies And Body Parts|Section 34-26-73 - Disposition of body of deceased servicemember.

34-26-73.Disposition of body of deceased servicemember.If a decedent dies while serving in any branch of the United States armed forces, the United States reserve forces, or the national guard, as provided by 10 U.S. C. 1481 section (a)(1) to (8), inclusive, and the decedent has designated a person authorized to direct disposition of human remains on a United States Department of Defense record of emergency (DD form 93), a successor form, or an equivalent form, the duty to bury the decedent or to provide other funeral and disposition arrangements for the decedent devolves to the person designated by the decedent. Source: SL 2014, ch 169, §1.
SD Codified L § 34-26A-2 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26A - Crematories And Cremations|Section 34-26A-2 - Authorizing agent defined--Public official or institutional representative as authorizing agent.

34-26A-2. Authorizing agent defined--Public official or institutional representative as authorizing agent.The authorizing agent is any person according to the priority established in §34-26-16 legally entitled to order the cremation of human remains including a spouse, a parent, a child, or a close relative of the deceased, or in the absence of any of these, a friend of the deceased. For an indigent or any other individual whose final disposition is the responsibility of the state, a public official charged with arranging the final disposition of the deceased may serve as the authorizing agent. For an individual who has donated his body to science, or whose death occurred in a private institution, and in which the institution is charged with making arrangements for the final disposition of the deceased, a representative of the institution may serve as the authorizing agent. Source: SL 1988, ch 283, §2.
SD Codified L § 34-26A-3 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26A - Crematories And Cremations|Section 34-26A-3 - Construction and maintenance of crematory--Operation under licensed funeral director or establishment--Exception--Building and zoning regulations.

34-26A-3. Construction and maintenance of crematory--Operation under licensed funeral director or establishment--Exception--Building and zoning regulations.Any resident of this state, or any cemetery, funeral establishment, corporation, partnership, joint venture, voluntary organization, or any other entity may erect, maintain, and operate a crematory in this state and provide the necessary appliances and facilities for the cremation of human remains in accordance with this chapter. The operation of any crematory in this state shall be under the direction and supervision of a licensed funeral director and a licensed funeral establishment, each licensed pursuant to chapter 36-19. However, any medical facility cremating either whole or specific body parts does not need to be under the direction and supervision of a licensed funeral director and licensed funeral establishment. A crematory shall conform with all local building codes and environmental standards, and it may be constructed on, or adjacent to, any cemetery, on or adjacent to any funeral establishment that is zoned commercial or industrial, or at any other location consistent with local zoning regulations. Source: SL 1988, ch 283, §3; SL 2014, ch 170, §1.
SD Codified L § 34-26A-4 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26A - Crematories And Cremations|Section 34-26A-4 - Application for licensure or renewal--Forms--Fee--Contents--Annual examination--Notice on change of ownership.

34-26A-4. Application for licensure or renewal--Forms--Fee--Contents--Annual examination--Notice on change of ownership.An application for licensure or renewal of a license as a crematory authority shall be on forms furnished and prescribed by the board. Applications shall be in writing, accompanied by a license or renewal fee of one hundred dollars and shall contain the name of the applicant, the address and location of the crematory, a description of the type of structure and equipment to be used in the operation of the crematory, and any other information the board may reasonably require. The board shall annually examine the premises and structure to be used as a crematory and shall issue a license or renew a license for the crematory authority, if the applicant meets all requirements of this chapter. If a change of ownership of a crematory occurs, within thirty days of the change, the crematory authority shall provide the board with the names and addresses of the new owners. Source: SL 1988, ch 283, §4; SL 1998, ch 211, §4.
SD Codified L § 34-26A-5 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26A - Crematories And Cremations|Section 34-26A-5 - Cremation prohibited except in licensed crematory--Violation as misdemeanor.

34-26A-5. Cremation prohibited except in licensed crematory--Violation as misdemeanor.No person may cremate any human remains, except in a crematory licensed for this express purpose and under the limitations provided in this chapter. A violation of this section is a Class 2 misdemeanor. Source: SL 1988, ch 283, §5; SL 2000, ch 173, §1.