reglab/housing_qa huggingface dataset:
SD Codified L § 34-12C-1 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12C - Health Care Consent Procedures|Section 34-12C-1 - Definition of terms.

34-12C-1. Definition of terms.Terms used in this chapter mean:(1)"Attending physician," the physician who has primary responsibility for the treatment and care of the patient;(2)"Durable power of attorney for health care," an instrument executed pursuant to §59-7-2.1 that authorizes its attorney in fact to make a health care decision or to consent to health care on behalf of its principal;(3)"Health care," any care, treatment, service, or procedure to maintain, diagnose, or treat a person's physical or mental condition. The term also includes admission to, and personal and custodial care provided by, a licensed health care facility as defined in §34-12-1.1;(4)"Health care decision," the determination of the health care to be provided to a person;(5)"Health care provider," any licensed health care facility and any person, corporation, or organization licensed, certified, or otherwise authorized or permitted by law to administer health care, and any physician licensed pursuant to chapter 36-4;(6)"Incapacitated person," any person who is incapable of giving informed consent to health care;(7)"Person available to consent," any person who is authorized to make a health care decision for an incapacitated person and whose existence is known to the health care provider and who, in the good faith judgment of the health care provider, is reasonably available for consultation and is willing and competent to make an informed health care decision;(8)"Close friend," any adult who has provided significant care and exhibited concern for the patient, and has maintained regular contact with the patient so as to be familiar with the patient's activities, health, and religious or moral beliefs. Source: SL 1990, ch 222, §1; SL 2007, ch 192, §1.
SD Codified L § 34-12C-2 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12C - Health Care Consent Procedures|Section 34-12C-2 - Conditions authorizing health care decision by another--Determination by physician.

34-12C-2. Conditions authorizing health care decision by another--Determination by physician.A health care decision by another is authorized under this chapter for an adult person who is incapable of giving informed consent to health care. A person is incapable of giving informed consent to health care if:(1)A guardian has been appointed for him or he has otherwise been adjudged legally incompetent;(2)A limited guardian has been appointed for him and the order of limited guardianship authorizes the limited guardian to make health care decisions on his behalf;(3)It has been so determined by the circuit court as provided in §34-12C-4; or(4)It has been so determined in good faith by his attending physician, acting either alone or in consultation with another physician.A determination by the attending physician that a person is incapable of giving informed consent is effective until there is a subsequent determination, either by the attending physician, or by the circuit court, that the person is either capable of giving informed consent or that the diagnosis upon which the determination of incapacity was based is no longer valid. The attending physician may decline to make a determination as to either a person's capacity or incapacity to give informed consent and a health care provider may, but need not, rely on any such determination.Any determination by an attending physician shall be in writing, shall be signed by the attending physician and shall be made a part of the person's medical record. Source: SL 1990, ch 222, §2; SL 1993, ch 213, §223.
SD Codified L § 34-12C-3 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12C - Health Care Consent Procedures|Section 34-12C-3 - Absence of power of attorney or appointed guardian--Consent by others--Disqualification--Delegation of authority--Wishes of incapacitated person--Recommendation of physician.

34-12C-3. Absence of power of attorney or appointed guardian--Consent by others--Disqualification--Delegation of authority--Wishes of incapacitated person--Recommendation of physician.In the absence of a durable power of attorney for health care or the appointment of a guardian of the person, or if neither the attorney in fact nor guardian is available to consent, a health care decision for an incapacitated person may be made by the following persons or members of the incapacitated person's family who are available to consent, in the order stated:(1)The spouse, if not legally separated;(2)An adult child;(3)A parent;(4)An adult sibling;(5)A grandparent or an adult grandchild;(6)An adult aunt or uncle, adult cousin, or an adult niece or nephew;(7)Close friend.However, any person may, before a judicial adjudication of incompetence or incapacity, disqualify any member of the person's family from making a health care decision for the person. The disqualification shall appear in a document signed by the person or may be made by a notation in the person's medical record, if made at the person's direction.Any member of the incapacitated person's family may delegate the authority to make a health care decision to another family member in the same or succeeding class. The delegation shall be signed and may specify conditions on the authority delegated.Any person authorized to make a health care decision for an incapacitated person shall be guided by the express wishes of the incapacitated person, if known, and shall otherwise act in good faith, in the incapacitated person's best interest, and may not arbitrarily refuse consent. Whenever making any health care decision for the incapacitated person, the person available to consent shall consider the recommendation of the attending physician, the decision the incapacitated person would have made if the incapacitated person then had decisional capacity, if known, and the decision that would be in the best interest of the incapacitated person. Source: SL 1990, ch 222, §3; SL 2007, ch 192, §2.
SD Codified L § 34-12C-4 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12C - Health Care Consent Procedures|Section 34-12C-4 - Court-ordered health care--Conditions.

34-12C-4. Court-ordered health care--Conditions.If the circuit court finds that a health care decision is required for a person and that the person is incapable of giving informed consent to health care, the circuit court may order health care, direct a health care decision, determine who is authorized to make the decision, appoint its own representative to make the decision, or order any other appropriate relief.However, the circuit court may act only if it makes a further finding that:(1)There is no person available to consent; or(2)There are two or more persons in the same class available to consent and their decision is not unanimous; or(3)The person seeking to make the health care decision is not authorized to do so, is not reasonably available, is not able to make an informed decision, lacks capacity, or is not acting as required by §34-12C-3; or(4)The health care provider has declined to follow the direction of a person authorized to make the health care decision; or(5)There are other substantial reasons for the circuit court's intervention; and(6)The relief granted is not inconsistent with the incapacitated person's express wishes, if known, and is otherwise in his best interest. Source: SL 1990, ch 222, §4.
SD Codified L § 34-12C-5 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12C - Health Care Consent Procedures|Section 34-12C-5 - Petition for authority to make health care decision--Filing in circuit court--Contents--Notice--Court-ordered investigation.

34-12C-5. Petition for authority to make health care decision--Filing in circuit court--Contents--Notice--Court-ordered investigation.A petition pursuant to §34-12C-4 may be filed by the incapacitated or alleged incapacitated person, by any person who is, or who might be, authorized to make a health care decision for him pursuant to §34-12C-3, by a health care provider or by any other interested person. Any petition shall be filed in the circuit court where the incapacitated or alleged incapacitated person either resides or is present for purposes of receiving health care.The petition shall state, or set forth by affidavit, medical records or other evidence attached thereto, all of the following so far as known to the petitioner:(1)The nature of the physical or mental condition which requires treatment;(2)The recommended course of treatment and its predictable or probable outcome;(3)The available alternatives, if any, to the recommended course of treatment;(4)The efforts made to obtain informed consent if the petition requests that the circuit court make a determination that an alleged incapacitated person is incapable of giving an informed consent; and(5)Such other matters as may be necessary or appropriate for the specific relief requested.Reasonable notice of time and place of hearing on the petition shall be given to the incapacitated or alleged incapacitated person and to any other person as the court may direct. However, the court may modify or dispense with notice and hearing if it finds that the delay may have a serious adverse effect upon the health of the incapacitated or alleged incapacitated person.The court may appoint a guardian ad litem to make an investigation, report and recommendation as to the relief requested in the petition, or on any other matters as the court may direct. Source: SL 1990, ch 222, §5.
SD Codified L § 34-12C-6 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12C - Health Care Consent Procedures|Section 34-12C-6 - Rights of authorized person as incapacitated person.

34-12C-6. Rights of authorized person as incapacitated person.The informed consent of the person authorized under this chapter to make a health care decision shall, for all purposes, be deemed the informed consent of the incapacitated person. The person has the same right as does the incapacitated person to receive information relevant to the proposed health care, and to receive, review, and consent to the disclosure of medical records. Disclosure of information regarding contemplated health care to a person authorized to make a health care decision for an incapacitated person is not a waiver of any evidentiary privilege or of a right to assert confidentiality. Source: SL 1990, ch 222, §6.
SD Codified L § 34-12C-7 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12C - Health Care Consent Procedures|Section 34-12C-7 - Liability of health care provider--Liability of authorized decision maker .

34-12C-7. Liability of health care provider--Liability of authorized decision maker.A health care provider acting or declining to act in reliance on a health care decision by a person whom the health care provider believes in good faith is authorized by this chapter to make a health care decision for another is not subject to criminal prosecution, civil liability, or professional disciplinary action on the ground that the person either had or did not have authority, capacity, or sufficient interest to make an informed health care decision or for disclosing to the person medical records or other information.A health care provider who believes in good faith that a person is incapable of giving informed consent for himself or lacks authority, capacity, or sufficient interest to make an informed health care decision for another is not subject to criminal prosecution, civil liability, or professional disciplinary action for failing to follow that person's direction or for making such determination.A health care provider who in good faith believes that a person is capable of giving informed consent for his own health care is not subject to criminal prosecution, civil liability, or professional disciplinary action for following that person's direction or for making such determination.A person who in good faith believes that he is authorized under this chapter to make an informed health care decision for another is not subject to criminal prosecution or civil liability on the ground that he lacked authority or capacity. Source: SL 1990, ch 222, §7.
SD Codified L § 34-12C-8 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12C - Health Care Consent Procedures|Section 34-12C-8 - Scope of chapter.

34-12C-8. Scope of chapter.The provisions of this chapter do not:(1)Authorize consent to health care that is prohibited by the law of this state;(2)Except as provided in this chapter, affect the law of this state concerning:(a)The standard of care of a health care provider;(b)When consent is required for health care;(c)Notice to others of proposed health care;(d)Other authorized methods of consent;(e)Health care in an emergency without consent; or(f)Informed consent for health care;(3)Prevent a person authorized to make a health care decision from consenting to health care administered in good faith pursuant to the religious tenets of the incapacitated adult;(4)In any manner limit the powers and discretions that may be granted to an attorney in fact under an instrument executed pursuant to §59-7-2.1; or(5)Require that a guardian of the person be appointed for a incapacitated person before a health care decision can be made;(6)Affect the law of abortion or sterilization in this state, nor the law governing the withdrawal or withholding of health care, or of any care, treatment, service, or procedure necessary to prolong or sustain life;(7)Affect treatment and care pertaining to mental health at the human services centers and developmental centers. Source: SL 1990, ch 222, §8.
SD Codified L § 34-12C-9 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12C - Health Care Consent Procedures|Section 34-12C-9 - Insertion of urinary catheter into patient under age sixteen without consent of parent or guardian prohibited.

34-12C-9. Insertion of urinary catheter into patient under age sixteen without consent of parent or guardian prohibited.Notwithstanding any other provision of law a health care provider or any other person authorized to insert a urinary catheter may not insert a catheter into a patient under the age of sixteen without the verbal or written consent of the child's parent or guardian unless it is a medical emergency or a medical necessity. Source: SL 2018, ch 202, §1.
SD Codified L § 34-12D-1 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12D - Living Wills|Section 34-12D-1 - Definition of terms.

34-12D-1. Definition of terms.Terms used in this chapter mean:(1)"Attending physician," the physician who has primary responsibility for the treatment and care of the patient;(2)"Declaration," a writing executed in accordance with the requirements of §34-12D-2;(3)"Health care provider," any licensed health care facility or any person, corporation, or organization licensed, certified, or otherwise authorized or permitted by law to administer health care;(4)"Life-sustaining treatment," any medical procedure or intervention that, when administered to a patient, will serve only to postpone the moment of death or to maintain the patient in a condition of permanent unconsciousness. The term does not include the provision of appropriate care to maintain comfort, hygiene and human dignity, the oral administration of food and water, or the administration of any medication or other medical procedure deemed necessary to alleviate pain;(5)"Person," an individual, corporation, business trust, estate, trust, limited liability company, partnership, association, joint venture, government, governmental subdivision, or agency, or any other legal or commercial entity;(6)"Physician," an individual licensed to practice medicine in this state;(7)"Terminal condition," an incurable and irreversible condition such that, in accordance with accepted medical standards, death is imminent if life-sustaining treatment is not administered, or a coma or other condition of permanent unconsciousness that, in accordance with accepted medical standards, will last indefinitely without significant improvement and in which the individual is unable to communicate verbally or nonverbally, demonstrates no purposeful movement or motor ability, and is unable to interact purposefully with environmental stimulation. Source: SL 1991, ch 273, §1; SL 1994, ch 351, §57; SL 2007, ch 193, §1.
SD Codified L § 34-12D-2 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12D - Living Wills|Section 34-12D-2 - Declaration--Requirements as to execution.

34-12D-2. Declaration--Requirements as to execution.A competent adult may at any time execute a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration shall be signed by the declarant, or another at the declarant's direction, and witnessed by two adult individuals. The signing may be in the presence of a notary public who shall thereafter notarize the declaration. A declaration shall state the declarant's preferences regarding whether the declarant wishes to receive or not receive artificial nutrition and hydration. If the declaration does not state the declarant's preferences with respect to artificial nutrition and hydration, whether artificial nutrition and hydration is to be provided, withheld, or withdrawn shall be governed by the law of this state which would apply in the absence of a declaration. Source: SL 1991, ch 273, §2.
SD Codified L § 34-12D-4 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12D - Living Wills|Section 34-12D-4 - Multiple documents--Resolving conflicts--Participation by attorney in fact.

34-12D-4. Multiple documents--Resolving conflicts--Participation by attorney in fact.If an individual has executed both a declaration and a durable power of attorney, the later executed document shall control to the extent that its provisions conflict with the provisions of the earlier executed document. However, nothing in this chapter may be construed to create a presumption that an attorney in fact may not participate in the implementation of a declaration. Source: SL 1991, ch 273, §4.
SD Codified L § 34-12D-5 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12D - Living Wills|Section 34-12D-5 - When declaration becomes operative.

34-12D-5. When declaration becomes operative.A living will declaration becomes operative when the declarant is determined by the attending physician to be in a terminal condition, death is imminent, and the declarant is no longer able to communicate decisions about medical care. Source: SL 1991, ch 273, §5; SL 2007, ch 193, §3.
SD Codified L § 34-12D-6 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12D - Living Wills|Section 34-12D-6 - Decisions regarding life-sustaining treatment--Rights of qualified patient.

34-12D-6. Decisions regarding life-sustaining treatment--Rights of qualified patient.A qualified patient may make decisions regarding life-sustaining treatment so long as the patient is able to do so. Source: SL 1991, ch 273, §8.
SD Codified L § 34-12D-7 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12D - Living Wills|Section 34-12D-7 - Entry of declaration into medical record.

34-12D-7. Entry of declaration into medical record.Upon determining that a declarant is in a terminal condition, the attending physician who knows of a declaration shall record the determination and the terms of the declaration in the declarant's medical record. Source: SL 1991, ch 273, §7.
SD Codified L § 34-12D-8 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12D - Living Wills|Section 34-12D-8 - Revocation of declaration--Medical record to contain revocation.

34-12D-8. Revocation of declaration--Medical record to contain revocation.A declarant may revoke a declaration at any time and in any manner without regard to the declarant's mental or physical condition. A revocation is effective upon communication to the health care provider. The health care provider shall make the revocation a part of the declarant's medical record. Source: SL 1991, ch 273, §6; SL 2007, ch 193, §4.
SD Codified L § 34-12D-9 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12D - Living Wills|Section 34-12D-9 - Providing for patient's comfort and related needs--Responsibility of health care provider.

34-12D-9. Providing for patient's comfort and related needs--Responsibility of health care provider.This chapter does not affect the responsibility of any health care provider to provide treatment when necessary to alleviate pain or to provide for the patient's comfort, hygiene, or human dignity. Source: SL 1991, ch 273, §9; SL 2007, ch 193, §5.
SD Codified L § 34-12D-10 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12D - Living Wills|Section 34-12D-10 - Treatment of pregnant woman notwithstanding declaration.

34-12D-10. Treatment of pregnant woman notwithstanding declaration.Notwithstanding a declaration made pursuant to this chapter, life-sustaining treatment and artificial nutrition and hydration shall be provided to a pregnant woman unless, to a reasonable degree of medical certainty, as certified on the woman's medical chart by the attending physician and one other physician who has examined the woman, such procedures will not maintain the woman in such a way as to permit the continuing development and live birth of the unborn child or will be physically harmful to the woman or prolong severe pain which cannot be alleviated by medication. Source: SL 1991, ch 273, §10.
SD Codified L § 34-12D-11 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12D - Living Wills|Section 34-12D-11 - Withdrawal or withholding of life-sustaining treatment--Responsibilities of health care provider.

34-12D-11. Withdrawal or withholding of life-sustaining treatment--Responsibilities of health care provider.A health care provider need not participate in the withdrawal or withholding of life-sustaining treatment. However, a health care provider electing for any reason not to participate in the withholding or withdrawal of life-sustaining treatment shall make a reasonable effort to locate and to transfer the declarant to a physician or health care provider willing to honor the declaration. Source: SL 1991, ch 273, §11; SL 2007, ch 193, §6.
SD Codified L § 34-12D-12 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12D - Living Wills|Section 34-12D-12 - Providing treatment, artificial nutrition, and hydration--Responsibilities of health care provider.

34-12D-12. Providing treatment, artificial nutrition, and hydration--Responsibilities of health care provider.If an individual's declaration contains a directive to provide treatment or artificial nutrition and hydration under any circumstances, any health care provider who has responsibility for the treatment and care of the individual must provide the directed treatment or artificial nutrition and hydration in those circumstances so long as it is technically feasible. A health care provider who objects to providing such treatment may instead transfer the individual to a health care provider willing to honor the declaration, but must continue to provide the treatment or care until the transfer is effectuated. Source: SL 1991, ch 273, §11A; SL 2007, ch 193, §7.