reglab/housing_qa huggingface dataset:
SD Codified L § 34-12H-4 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12H - Advance Care Planning For Patient With Terminal Condition|Section 34-12H-4 - MOST form--Contents.

34-12H-4. MOST form--Contents.The secretary shall develop a standardized form for a MOST and instructions for completion of the form. The secretary shall make the form available to the public on the department's website. A completed form includes:(1)The name and date of birth of the patient;(2)A statement that the patient either has or does not have an advance health care directive;(3)Information regarding the patient's diagnosis of a terminal condition;(4)Information indicating the preference of the patient or the patient's authorized representative regarding the use of cardiopulmonary resuscitation, specified medical interventions, and the intensity of treatment for each intervention, and if there is no such indication of the patient or authorized representative's preference, a directive to health care providers to use all necessary and appropriate medical interventions;(5)A provision directing the administration of artificial nutrition and hydration unless it is determined that:(a)Artificial nutrition and hydration cannot reasonably be expected to prolong the patient's life;(b)The burden of providing artificial nutrition and hydration outweighs its benefit, if the determination of burden refers to the provision of artificial nutrition and hydration itself and not to the quality of the continued life of the patient;(c)Administering artificial nutrition and hydration would cause the patient significant discomfort; or(d)The patient has expressed a desire not to receive artificial nutrition and hydration by tube;(6)A statement confirming that the medical provider and the patient or the patient's authorized representative had a discussion about the patient's medical condition, treatment goals, and use of medical intervention;(7)A statement confirming that the execution of the MOST by the patient or the patient's authorized representative is based on informed consent;(8)A statement advising the patient that if there is a conflict between the MOST and the patient's written directives in any previously executed and unrevoked durable power of attorney or living will, the health care provider will treat the patient in accordance with the instructions in the MOST;(9)The signature and date of signing of the patient or the patient's authorized representative;(10)The signature and date of signing of the medical provider; and(11)A statement that the duty of medicine is to care for patients even when they cannot be cured, that health care providers and their patients must evaluate the use of technology at their disposal based on available information, that judgments about the use of technology to maintain life must reflect the inherent dignity of the patient and the purpose of medical care, and that everyone is to be treated with dignity and respect. Source: SL 2019, ch 146, §4.
SD Codified L § 34-12H-5 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12H - Advance Care Planning For Patient With Terminal Condition|Section 34-12H-5 - MOST form part of medical record.

34-12H-5. MOST form part of medical record.An original or a copy of a MOST form completed and signed in accordance with §34-12H-4 is a valid medical order for scope of treatment unless revoked. Any health care provider who receives a valid MOST shall make the document part of the patient's medical record. Source: SL 2019, ch 146, §5.
SD Codified L § 34-12H-6 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12H - Advance Care Planning For Patient With Terminal Condition|Section 34-12H-6 - Out-of-state documents valid in state.

34-12H-6. Out-of-state documents valid in state.A document executed in another state or jurisdiction that meets the requirements for a valid medical order for scope of treatment in that state or jurisdiction is valid in this state. Source: SL 2019, ch 146, §6.
SD Codified L § 34-12H-7 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12H - Advance Care Planning For Patient With Terminal Condition|Section 34-12H-7 - Physician to treat patient in accordance with MOST.

34-12H-7. Physician to treat patient in accordance with MOST.Except as provided in §§34-12H-8 to 34-12H-10, inclusive, any health care provider who has actual knowledge of a patient's MOST shall treat the patient in accordance with the preferences indicated in the MOST. Source: SL 2019, ch 146, §7.
SD Codified L § 34-12H-8 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12H - Advance Care Planning For Patient With Terminal Condition|Section 34-12H-8 - Conflict between patient's MOST and patient's other directives.

34-12H-8. Conflict between patient's MOST and patient's other directives.If there is a conflict between a patient's MOST and a patient's oral directives or any written directives in an advance health care directive, the health care provider shall treat the patient in accordance with the most recent instruction. Source: SL 2019, ch 146, §8.
SD Codified L § 34-12H-9 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12H - Advance Care Planning For Patient With Terminal Condition|Section 34-12H-9 - Revocation of MOST.

34-12H-9. Revocation of MOST.A patient with decision-making capacity may revoke a MOST at any time by:(1)Destroying or defacing the MOST with the intent to revoke;(2)A written revocation of the MOST, signed and dated by the patient; or(3)An oral expression of the intent to revoke the MOST, in the presence of a witness eighteen years of age or older who signs and dates in writing, confirming that the expression of intent was made.An authorized representative may not revoke a MOST unless the MOST was executed by the authorized representative. The authorized representative shall make the revocation in writing.A revocation is effective upon communication to the health care provider. A health care provider who is informed of a revocation shall record the date and time of the notification of revocation in the patient's medical record. Source: SL 2019, ch 146, §9.
SD Codified L § 34-12H-10 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12H - Advance Care Planning For Patient With Terminal Condition|Section 34-12H-10 - Refusal of health care provider to comply with MOST.

34-12H-10. Refusal of health care provider to comply with MOST.A health care provider who refuses to comply with the provisions of a duly executed MOST shall:(1)Not prevent the transfer of the patient to another health care provider who is willing to comply with the MOST; and(2)Continue providing care for the patient until the transfer is completed. Source: SL 2019, ch 146, §10.
SD Codified L § 34-12H-11 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12H - Advance Care Planning For Patient With Terminal Condition|Section 34-12H-11 - Execution or revocation of MOST may not be condition for providing health care.

34-12H-11. Execution or revocation of MOST may not be condition for providing health care.A health care provider may not require or prohibit the execution or revocation of a MOST as a condition for providing health care. Source: SL 2019, ch 146, §11.
SD Codified L § 34-12H-12 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12H - Advance Care Planning For Patient With Terminal Condition|Section 34-12H-12 - Immunity of health care provider.

34-12H-12. Immunity of health care provider.A health care provider acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider is not subject to civil or criminal liability or to discipline for unprofessional conduct for:(1)Complying with a MOST and assuming that it was valid when made and has not been revoked;(2)Not complying with a MOST when it appears it was revoked or invalid when made;(3)Not complying with a MOST due to the health care provider's beliefs as a matter of conscience; or(4)The good faith belief that the patient has or lacks decision-making capacity. Source: SL 2019, ch 146, §12.
SD Codified L § 34-12I-1 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12I - Video Or Audio Monitoring In Assisted Living Centers And Nursing Facilities|Section 34-12I-1 - Definitions.

 34-12I-1. Definitions.   Terms as used in this chapter mean:   (1) "Assisted living center," any institution, rest home, boarding home, place, building, or agency, which is maintained and operated to provide personal care and services, beyond food, shelter, and laundry;   (2) "Authorized representative," the legal guardian of a resident, acting under a court order that specifically authorizes the guardian to consent to video monitoring of the resident, or the agent of a resident, acting under a durable power of attorney that specifically authorizes the agent to consent to video monitoring of the resident;   (3) "Decision-making capacity," the ability to understand, to a reasonable extent, the nature of and the risks and benefits of video monitoring, and to make and communicate, with reasonable accommodation if necessary, a decision regarding video monitoring;   (4) "Facility," an assisted living center or a nursing facility;   (5) "Nursing facility," any entity that is maintained and operated for the express or implied purpose of providing care to one or more persons, whether for consideration or not, who are not acutely ill but require nursing care and related medical services of such complexity as to require professional nursing care under the direction of a physician, twenty-four hours per day, or an entity that is maintained and operated for the express or implied purpose of providing care to one or more persons, whether for consideration or not, who do not require the   degree of care and treatment that a hospital is designed to provide, but who because of their mental or physical condition require medical care and health services that can be made available to them only through institutional facilities;   (6) "Resident," a person who is at least eighteen years of age and resides in a facility; and   (7) "Video monitoring device," a camera or other device, which captures, records or broadcasts video and which is placed in a resident’s room and used to monitor the resident or activities in the room.     Source:  SL 2020, ch 152, § 1.
SD Codified L § 34-12I-2 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12I - Video Or Audio Monitoring In Assisted Living Centers And Nursing Facilities|Section 34-12I-2 - Consent form--Submission to facility.

 34-12I-2. Consent form--Submission to facility.   Before initiating video monitoring, a resident shall complete and submit to the facility a notice and consent form that meets the requirements of §34-12I-4. If the resident lacks decision-making capacity, as determined by a physician, the form may be completed and submitted by an authorized representative of the resident.     Source:  SL 2020, ch 152, § 2.
SD Codified L § 34-12I-3 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12I - Video Or Audio Monitoring In Assisted Living Centers And Nursing Facilities|Section 34-12I-3 - Roommate--Consent--Refusal--Restrictions--Relocation.

 34-12I-3. Roommate--Consent--Refusal--Restrictions--Relocation.   If a resident has a roommate, the resident may not conduct video monitoring unless the roommate has provided written consent. If the roommate lacks decision-making capacity, as determined by a physician, the consent may be provided by an authorized representative of the roommate.   The roommate may refuse or withdraw consent to video monitoring. If consent is refused, the resident may not conduct video monitoring and if consent is withdrawn, the resident shall remove any video monitoring device from the room. If the resident fails to remove the video monitoring device, the facility shall remove the device.   The roommate may impose restrictions on the placement and operation of the resident's video monitoring device and on the dissemination and use of any data produced by the device. The restrictions must be included with the resident’s notice and consent form, in accordance with §34-12I-4.   The resident shall comply with any restrictions imposed by a roommate. Upon being notified by a roommate and determining that the resident is not in compliance with any such restriction, the facility shall remove the video monitoring device from the room.   If the roommate refuses to consent, the facility shall, upon the written request of the resident, relocate the resident to another room, as soon as circumstances permit. The   facility is not required to provide the resident with a single room, unless the resident agrees to pay the increased charges.     Source:  SL 2020, ch 152, § 3.
SD Codified L § 34-12I-4 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12I - Video Or Audio Monitoring In Assisted Living Centers And Nursing Facilities|Section 34-12I-4 - Consent form--Content.

 34-12I-4. Consent form--Content.   The notice and consent form must include:   (1) A statement affirming that the resident consents to video monitoring and assumes full responsibility for implementing any restrictions imposed on the placement and use of the video monitoring device and on the dissemination and use of any data produced by the device;   (2) If the resident has a roommate, a statement affirming that the roommate, subject to any noted restrictions, consents to video monitoring by the resident and to the dissemination and use of any data produced by the device;   (3) A description of the video monitoring device, including the brand name and model number, and the installation and operating requirements;   (4) Restrictions that the resident or the roommate impose on the placement and use of the video monitoring device, including:   (a) Prohibitions on video recording;   (b) Prohibitions on broadcasting video recordings;   (c) Requiring that the video monitoring device be turned off or blocked during an examination or procedure by a health care provider;   (d) Requiring that the video monitoring device be turned off or blocked while dressing, bathing, or personal care is being performed; and   (e) Requiring that the video monitoring device be turned off or blocked during a visit with an attorney, financial planner, intimate partner, ombudsman, spiritual adviser, or other visitor;   (5) A statement of the circumstances under which a video recording may be disseminated;   (6) A section for documenting the withdrawal of consent by the resident or a roommate;   (7) The signature of the resident and the date of signing; and   (8) If the resident has a roommate, the signature of the roommate and the date of signing.   The resident or a roommate may amend the information contained in the notice and consent form. Any amendment must be dated, signed, and submitted to the facility.    If the notice and consent form or an amendment to the form is signed by an authorized representative, it must include a physician’s statement verifying that the person, on whose behalf the authorized representative is acting, lacks decision-making capacity, and a copy of the guardianship order or power of attorney granting the authorized representative authority to consent to video monitoring.   Upon receiving a completed notice and consent form, or any amendment to the form, the facility shall place the form in the resident’s file and provide a copy to the resident or an authorized representative of the resident, and to the resident's roommate or an authorized representative of the roommate.   The notice and consent form, or an amendment thereto, is not effective until it has been received by the facility.     Source:  SL 2020, ch 152, § 4.
SD Codified L § 34-12I-5 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12I - Video Or Audio Monitoring In Assisted Living Centers And Nursing Facilities|Section 34-12I-5 - Cost--Liability.

 34-12I-5. Cost--Liability.   The resident is liable for any costs associated with the installation, operation, maintenance, and removal of the video monitoring device, except that the facility may not impose a fee on the resident to cover the cost of electricity for operating the device.     Source:  SL 2020, ch 152, § 5.
SD Codified L § 34-12I-6 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12I - Video Or Audio Monitoring In Assisted Living Centers And Nursing Facilities|Section 34-12I-6 - Connection to internet--Options--Conditions.

 34-12I-6. Connection to internet--Options--Conditions.   A resident may not use a facility’s local area network to connect the video monitoring device to the internet, unless the facility provides written consent to the resident. A facility that consents to a resident's use of the network may impose conditions on the use to prevent a data breach and to limit the consumption of available bandwidth.   If a facility does not consent to a resident's use of the network, the resident may arrange for access to the internet through an internet service provider. The facility may impose conditions on the installation of any wire, cable, or other technologies, required for internet access to:   (1) Prevent damage to the facility;   (2) Avoid the creation of a safety hazard; or   (3) Avoid the violation of any applicable building or electrical code.     Source:  SL 2020, ch 152, § 6.
SD Codified L § 34-12I-7 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12I - Video Or Audio Monitoring In Assisted Living Centers And Nursing Facilities|Section 34-12I-7 - Video monitoring device--Placement--Conditions.

 34-12I-7. Video monitoring device--Placement--Conditions.   The resident shall place the video monitoring device in a conspicuously visible location in the resident's room. The facility may impose conditions on the placement of the device to:   (1) Prevent damage to the facility;   (2) Avoid the creation of a safety hazard; or   (3) Avoid the violation of any applicable building or electrical code.     Source:  SL 2020, ch 152, § 7.
SD Codified L § 34-12I-8 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12I - Video Or Audio Monitoring In Assisted Living Centers And Nursing Facilities|Section 34-12I-8 - Audio monitoring device--Use--Violation as misdemeanor.

34-12I-8. Audio monitoring device--Use--Violation as misdemeanor.Any person who places or operates an audio monitoring device in a resident's room is guilty of a Class 1 misdemeanor.A facility is not civilly or criminally liable for any violation of a person's right to privacy arising out of the use of an audio monitoring device, except to the extent the violation was caused by the facility's intentional violation of this chapter.For purposes of this section, an "audio monitoring device,” means a device that is designed to capture, record, or broadcast audio and when placed in a resident's room is used to monitor the resident's conversations or other sounds in the room. Source: SL 2020, ch 152, § 8.
SD Codified L § 34-12I-9 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12I - Video Or Audio Monitoring In Assisted Living Centers And Nursing Facilities|Section 34-12I-9 - Removal of device--Authority.

34-12I-9. Removal of device--Authority.A facility may deactivate and remove any video monitoring device that is installed, placed, operated, or used in violation of this chapter or in violation of any condition imposed in accordance with this chapter. Source: SL 2020, ch 152, § 9.
SD Codified L § 34-12I-10 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12I - Video Or Audio Monitoring In Assisted Living Centers And Nursing Facilities|Section 34-12I-10 - Responsibility of resident--Facility.

34-12I-10. Responsibility of resident--Facility.A resident is responsible for the installation, operation, maintenance, and removal of the video monitoring device. Except as otherwise provided in this chapter, a facility has no duty to perform any act or incur any cost related to the installation, operation, maintenance, or removal of a video monitoring device, or the implementation or enforcement of any restriction imposed by or in accordance with this chapter. Source: SL 2020, ch 152, § 10.
SD Codified L § 34-12I-11 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12I - Video Or Audio Monitoring In Assisted Living Centers And Nursing Facilities|Section 34-12I-11 - Notice.

 34-12I-11. Notice.   If a resident is conducting video monitoring, the facility shall post conspicuous signage at the entrance to the resident’s room indicating that the room is being monitored by means of a video monitoring device.     Source:  SL 2020, ch 152, § 11.
SD Codified L § 34-12I-12 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12I - Video Or Audio Monitoring In Assisted Living Centers And Nursing Facilities|Section 34-12I-12 - Destruction prohibited--Violation as misdemeanor.

34-12I-12. Destruction prohibited--Violation as misdemeanor.Except as otherwise provided in this chapter, a person may not intentionally remove, hamper, obstruct, tamper with, or destroy a video monitoring device or a video recording produced by such device, without the permission of the resident. A violation of this section is a Class 1 misdemeanor. Source: SL 2020, ch 152, § 12.
SD Codified L § 34-12I-13 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12I - Video Or Audio Monitoring In Assisted Living Centers And Nursing Facilities|Section 34-12I-13 - Access and dissemination--Violation as misdemeanor.

34-12I-13. Access and dissemination--Violation as misdemeanor.Except as otherwise provided in this chapter, a person may not access or disseminate a recording produced by a video monitoring device, without the written consent of the resident. A violation of this section is a Class 1 misdemeanor. Source: SL 2020, ch 152, § 13.
SD Codified L § 34-12I-14 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12I - Video Or Audio Monitoring In Assisted Living Centers And Nursing Facilities|Section 34-12I-14 - Allegation of misconduct--Request for video.

34-12I-14. Allegation of misconduct--Request for video.A person who possesses a video recording created in accordance with this chapter shall, upon the facility’s written request, provide a copy of the recording to the facility if:(1)An allegation of neglect, abuse, or other misconduct has been filed against the facility in a civil, criminal, or administrative action; and(2)The recording contains evidence pertinent to the alleged neglect, abuse, or other misconduct.The facility shall reimburse the person for any reasonable costs incurred in providing the video recording. Source: SL 2020, ch 152, § 14.
SD Codified L § 34-12I-15 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12I - Video Or Audio Monitoring In Assisted Living Centers And Nursing Facilities|Section 34-12I-15 - Evidentiary material.

34-12I-15. Evidentiary material.Subject to applicable rules of evidence and procedure, a video recording produced by a video monitoring device may be admitted into evidence in any civil, criminal, or administrative proceeding, provided:(1)The video monitoring was conducted in accordance with this chapter;(2)The recording has not been edited or artificially enhanced; and(3)The recording indicates the date and time that the events occurred. Source: SL 2020, ch 152, § 15.