No person with a developmental disability is subject to any experimental research or hazardous treatment procedures without the consent of:

1. (1) The person with a developmental disability, if eighteen years of age or over and capable of giving informed consent. If any person's capacity to give informed consent is challenged, the person, a qualified developmental disabilities professional, physician, or interested person may file a petition with the court to determine competency to give consent;
2. (2) The guardian of the person with a developmental disability, if the guardian is legally empowered to execute such consent; or
3. (3) The parent or guardian of the person with a developmental disability, if the person with a developmental disability is less than eighteen years of age. No person with a developmental disability who is subject to an order of guardianship may be subjected to experimental research or hazardous treatment procedures without prior authorization of the circuit court.

Source: SL 2000, ch 131 , § 86; SL 2013, ch 125 , § 11.