reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12B - Nursing Facility Pharmacies › Section 34-12B-1 - Right to choose pharmacy for filling prescriptions.

34-12B-1. Right to choose pharmacy for filling prescriptions.
Any person shall have the right and privilege of having his prescription filled at the pharmacy or by the pharmacist of his choice.
Source:
SL 1975, ch 225, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12B - Nursing Facility Pharmacies › Section 34-12B-2 - Exclusive agreements between pharmacies and nursing facilities as misdemeanors--Exceptions.

34-12B-2. Exclusive agreements between pharmacies and nursing facilities as misdemeanors--Exceptions.
It is a Class 1 misdemeanor for any pharmacy, pharmacist, nursing facility, or nursing facility administrator, to contract, agree to or arrange for the exclusive right of a pharmacy or pharmacist to furnish drugs and medicines to residents or patients of a nursing facility, except in nursing facilities which are owned or operated by a licensed hospital, nursing facilities which maintain a licensed pharmacy department and nursing facilities which provide patient medication under a "unit dose" system in accordance with rules and regulations established by the State Board of Pharmacy.
Source:
SL 1975, ch 225, §2; SL 1977, ch 190, §16.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12B - Nursing Facility Pharmacies › Section 34-12B-3 - Acceptance by nursing facility of rebate, free equipment or fee from pharmacy as misdemeanor.

34-12B-3. Acceptance by nursing facility of rebate, free equipment or fee from pharmacy as misdemeanor.
It is a Class 1 misdemeanor for any licensed nursing facility or nursing facility administrator to accept any rebate or free equipment from, or engage in splitting fees with any pharmacy department or pharmacist that is providing drugs or medicines to such home.
Source:
SL 1975, ch 225, §3; SL 1977, ch 190, §17.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12B - Nursing Facility Pharmacies › Section 34-12B-4 - Pharmacy splitting fees or giving rebate or free equipment and services to nursing facility as misdemeanor.

34-12B-4. Pharmacy splitting fees or giving rebate or free equipment and services to nursing facility as misdemeanor.
It is a Class 1 misdemeanor for any licensed pharmacy or pharmacist to split fees with, or give a rebate of any type or furnish free equipment to any nursing facility or nursing facility administrator as an incentive to the nursing facility or nursing facility administrator to designate such pharmacy or pharmacist as an exclusive provider of drugs and medicines.
Source:
SL 1975, ch 225, §4; SL 1977, ch 190, §18.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12B - Nursing Facility Pharmacies › Section 34-12B-5 - Nursing facility prohibited from providing exclusive services to pharmacy.

34-12B-5. Nursing facility prohibited from providing exclusive services to pharmacy.
No nursing facility or nursing facility administrator shall provide services to a pharmacy or pharmacist that is not also made available to all pharmacies or pharmacists providing drugs or medicines to said nursing facility or its residents or patients. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1975, ch 225, §6; SL 1977, ch 190, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12B - Nursing Facility Pharmacies › Section 34-12B-6 - Violation as ground for suspension or revocation of license.

34-12B-6. Violation as ground for suspension or revocation of license.
Any violation of this chapter is grounds for the suspension or revocation of the license of a pharmacy, pharmacist, nursing facility, or nursing facility administrator by the appropriate licensing board or commission.
Source:
SL 1975, ch 225, §7; SL 1977, ch 190, §20.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12D - Living Wills › Section 34-12D-2 - Declaration--Requirements to execute--Artificial nutrition and hydration.

34-12D-2. Declaration--Requirements to execute--Artificial nutrition and hydration.
A competent adult may at any time execute a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the declarant, or by another at the declarant's direction, and witnessed by two adults, or by a notary public who shall thereafter notarize the declaration.
A declaration must state the declarant's preferences regarding the provision, withholding, or withdrawal of artificial nutrition and hydration.
If the declaration does not state the declarant's preferences regarding the provision, withholding, or withdrawal of artificial nutrition and hydration, any determination regarding the provision, withholding, or withdrawal of artificial nutrition and hydration is governed by the laws of this state that apply in the absence of a declaration.
Source: SL 1991, ch 273, §2; SL 2023, ch 115, §1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12D - Living Wills › Section 34-12D-13 - Immunity from civil or criminal liability, and from professional discipline.

34-12D-13. Immunity from civil or criminal liability, and from professional discipline.
A health care provider is not subject to civil or criminal liability or to professional disciplinary action for giving effect to a declaration, absent actual knowledge of its revocation, for determining that a terminal condition does or does not exist or for declining to give effect to a declaration under §34-12D-11.
Source:
SL 1991, ch 273, §12; SL 2007, ch 193, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12D - Living Wills › Section 34-12D-14 - Withdrawal or withholding of treatment neither suicide or homicide.

34-12D-14. Withdrawal or withholding of treatment neither suicide or homicide.
Death resulting from the withdrawal or withholding of life-sustaining treatment in accordance with this chapter does not constitute, for any purpose, a suicide on the part of the declarant or a homicide on the part of the attending physician or other health care providers.
Source:
SL 1991, ch 273, §13; SL 2007, ch 193, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12D - Living Wills › Section 34-12D-15 - Withdrawal or withholding of treatment--Effect upon life insurance or annuity.

34-12D-15. Withdrawal or withholding of treatment--Effect upon life insurance or annuity.
The making of a declaration pursuant to this chapter does not affect the sale, procurement, or issuance of a policy of life insurance or annuity, nor does it affect, impair, or modify the terms of an existing policy of life insurance or annuity. A policy of life insurance or annuity is not legally impaired or invalidated by the withdrawal or withholding of life-sustaining treatment from an insured, notwithstanding any term to the contrary.
Source:
SL 1991, ch 273, §14.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12D - Living Wills › Section 34-12D-16 - Insurer or health-care provider may not prohibit or require declaration.

34-12D-16. Insurer or health-care provider may not prohibit or require declaration.
A person may not prohibit or require the execution of a declaration as a condition for being insured for, or receiving, health-care services.
Source:
SL 1991, ch 273, §15.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12D - Living Wills › Section 34-12D-17 - Revocation of or failure to execute declaration--No presumption created concerning intent.

34-12D-17. Revocation of or failure to execute declaration--No presumption created concerning intent.
This chapter creates no presumption concerning the intention of an individual who has revoked or has not executed a declaration with respect to the use, withdrawal, or withholding of life-sustaining treatment in the event of a terminal condition.
Source:
SL 1991, ch 273, §16.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12D - Living Wills › Section 34-12D-18 - Patients able to make decisions regarding medical care--Effect upon rights.

34-12D-18. Patients able to make decisions regarding medical care--Effect upon rights.
This chapter does not affect the right of a patient to make decisions regarding the use of life-sustaining treatment, so long as the patient is able to do so, or impair or supersede a right or responsibility that a person has to effect the withdrawal or withholding of medical care.
Source:
SL 1991, ch 273, §17.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12D - Living Wills › Section 34-12D-19 - Health care provider not required to deviate from accepted medical standards.

34-12D-19. Health care provider not required to deviate from accepted medical standards.
This chapter does not require a physician or other health care provider to take action contrary to accepted medical standards.
Source:
SL 1991, ch 273, §18; SL 2007, ch 193, §10.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12D - Living Wills › Section 34-12D-20 - Mercy-killing, euthanasia, suicide, and assisted suicide not condoned.

34-12D-20. Mercy-killing, euthanasia, suicide, and assisted suicide not condoned.
This chapter does not condone, authorize, or approve mercy-killing or euthanasia, suicide or assisted suicide.
Source:
SL 1991, ch 273, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12D - Living Wills › Section 34-12D-21 - Assumption as to valid declaration permissible.

34-12D-21. Assumption as to valid declaration permissible.
In the absence of actual knowledge to the contrary, a health care provider may assume that a declaration complies with this chapter and is valid.
Source:
SL 1991, ch 273, §20; SL 2007, ch 193, §11.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12D - Living Wills › Section 34-12D-23 - Health care professional--Knowledge and purpose required for conviction of aiding and abetting suicide.

34-12D-23. Health care professional--Knowledge and purpose required for conviction of aiding and abetting suicide.
Any licensed health care professional who administers, prescribes, or dispenses medications or procedures to relieve another person's pain or discomfort, even if the medication or procedure may hasten, or increase the risk of, death, does not violate §22-16-37, unless the medications or procedures are knowingly administered, prescribed, or dispensed with a purpose to cause death. Any licensed health care professional who withholds or withdraws a life-sustaining procedure, in compliance with chapter 34-12D or in accordance with reasonable medical practice, does not violate §22-16-37.
Source:
SDCL §22-16-37.1; SL 2005, ch 120, §§168, 170.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12D - Living Wills › Section 34-12D-24 - Standing to bring injunctive relief against person believed to be about to assist in suicide.

34-12D-24. Standing to bring injunctive relief against person believed to be about to assist in suicide.
A cause of action for injunctive relief may be maintained against any person who is reasonably believed to be about to violate or who is in the course of violating §22-16-37 by any person who is:
(1)The spouse, parent, child, sibling, legally appointed guardian, or conservator of the person who would commit suicide;
(2)Entitled to inherit under the laws of intestate succession from the person who would commit suicide or the beneficiary under a life insurance policy of the person who would commit suicide;
(3)Any health care provider of the person who would commit suicide;
(4)Any public official with appropriate jurisdiction to prosecute or enforce the laws of this state.
Source:
SDCL §22-16-37.2; SL 2005, ch 120, §§169, 170.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12D - Living Wills › Section 34-12D-25 - Cause of action for compensatory and punitive damages for assisting suicide.

34-12D-25. Cause of action for compensatory and punitive damages for assisting suicide.
Any person given standing by subdivision 34-12D-24(1) or (2) or the person who would have committed suicide, in the case of an attempt, may maintain a cause of action against any person who violates or attempts to violate §22-16-37 for compensatory damages and punitive damages. An action under this section may be brought whether or not the plaintiff had prior knowledge of the violation or attempt.
Source:
SDCL §22-16-37.3; SL 2005, ch 120, §170.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12D - Living Wills › Section 34-12D-26 - Attorney's fees to plaintiff in assisted suicide action.

34-12D-26. Attorney's fees to plaintiff in assisted suicide action.
Reasonable attorney's fees shall be awarded to the prevailing plaintiff in any civil action brought pursuant to §34-12D-24 or 34-12D-25.
Source:
SDCL §22-16-37.4; SL 2005, ch 120, §170.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12D - Living Wills › Section 34-12D-27 - Licensing board notified of assisted suicide violation.

34-12D-27. Licensing board notified of assisted suicide violation.
Any court shall notify the appropriate licensing board in any case in which a licensed health care professional:
(1)Is convicted of a violation of §22-16-37;
(2)Has been cited for contempt of court for violating an injunction issued under §34-12D-24; or
(3)Has been subject to an assessment of damages under §34-12D-25.
Source:
SDCL §22-16-37.5; SL 2005, ch 120, §170.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12D - Living Wills › Section 34-12D-28 - Revocation of license for assisted suicide violation.

34-12D-28. Revocation of license for assisted suicide violation.
Any professional licensing board authorized pursuant to Title 36 may, subject to the procedures set out in Title 36, suspend or revoke the license of any licensed health care professional who:
(1)Is convicted of a violation of §22-16-37;
(2)Has been cited for contempt of court for violating an injunction issued under §34-12D-24; or
(3)Has been subject to an assessment of damages under §34-12D-25.
Source:
SDCL §22-16-37.6; SL 2005, ch 120, §170.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12D - Living Wills › Section 34-12D-29 - Licensed health care professional defined.

34-12D-29. Licensed health care professional defined.
For the purposes of §§34-12D-23 to 34-12D-28, inclusive, the term, licensed health care professional, means any physician, surgeon, podiatrist, osteopath, physician assistant, nurse, certified nurse practitioner, certified nurse midwife, clinical nurse specialist, certified registered nurse anesthetist, dentist, or pharmacist licensed pursuant to Title 36.
Source:
SDCL §22-16-37.7; SL 2005, ch 120, §170; SL 2007, ch 193, §12.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12E - Disclosure Of Health Care Charges › Section 34-12E-1 - Definition of terms.

34-12E-1. Definition of terms.
Terms used in this chapter mean:
(1)"Health care procedure," an act of diagnosis, treatment, or care to a patient for which compensation is or may be charged;
(2)"Health care provider," any licensed health care facility licensed pursuant to chapter 34-12 or any practitioner of the healing arts, including a physician licensed under chapter 36-4, dentist, optometrist, podiatrist, chiropractor, physical therapist, respiratory care practitioner, occupational therapist, or psychologist;
(3)"Patient," an individual who receives, or requests to receive, diagnosis, treatment, or care from a health care provider.
Source:
SL 1994, ch 276, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12E - Disclosure Of Health Care Charges › Section 34-12E-8 - Disclosure of fees and charges upon request.

34-12E-8. Disclosure of fees and charges upon request.
All fees and charges for health care procedures shall be disclosed by a health care provider or facility upon request of a patient.
Source:
SL 1994, ch 276, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12E - Disclosure Of Health Care Charges › Section 34-12E-9 - Failure to comply--Disciplinary action.

34-12E-9. Failure to comply--Disciplinary action.
Failure to comply with the provisions of this chapter shall be grounds for disciplinary action on behalf of the appropriate licensing agency.
Source:
SL 1994, ch 276, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12E - Disclosure Of Health Care Charges › Section 34-12E-11 - Annual hospital report on charge information--Promulgation of rules.

34-12E-11. Annual hospital report on charge information--Promulgation of rules.
Any hospital licensed pursuant to chapter 34-12 shall report annually to the South Dakota Association of Healthcare Organizations the charge information as described in §34-12E-13 for that hospital's All Patient Refined Diagnosis-Related Groups for which that hospital had at least ten cases during the twelve months preceding the report. The Department of Health shall promulgate rules pursuant to chapter 1-26 to provide for the reporting of the charge information by hospitals. The rules shall include:
(1)The method for hospitals to report charges; and
(2)Standards that provide for the validity and comparability of charge reports.
Source:
SL 2005, ch 182, §1; SL 2008, ch 169, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12E - Disclosure Of Health Care Charges › Section 34-12E-11.1 - Website available to public for reporting charge information.

34-12E-11.1. Website available to public for reporting charge information.
The South Dakota Association of Healthcare Organizations shall develop a web-based system, available to the public at no cost, for reporting the charge information of hospitals. The charge information shall include disclaimers regarding factors, including case severity ratings and individual patient variations, which may affect actual charges to a patient for services rendered. The website shall provide information that compares hospital-specific data to hospital statewide data. The website shall be established by June 1, 2009, and shall be updated no less than annually.
Source:
SL 2008, ch 169, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12E - Disclosure Of Health Care Charges › Section 34-12E-12 - Hospital charge information website linked to department website.

34-12E-12. Hospital charge information website linked to department website.
The Department of Health shall provide a link to the web-based system developed pursuant to §34-12E-11.1 on its website.
Source:
SL 2005, ch 182, §2; SL 2008, ch 169, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12E - Disclosure Of Health Care Charges › Section 34-12E-13 - Charge information defined.

34-12E-13. Charge information defined.
For the purposes of §§34-12E-11 and 34-12E-11.1, the term, charge information, includes the number of discharges; average length of stay; average charge; median charge; demographic information; payer mix; charges not paid and charges paid by medicare, medicaid, and other government programs, and private insurance; and uncompensated care.
Source:
SL 2005, ch 182, §3; SL 2008, ch 169, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12F - Cardiopulmonary Resuscitation Directives › Section 34-12F-1 - .Definitions.

34-12F-1. Definitions.
Terms used in this chapter mean:
(1)"Cardiopulmonary resuscitation," measures to restore cardiac function or to support breathing in the event of respiratory or cardiac arrest or malfunction. Cardiopulmonary resuscitation includes chest compression, delivering electric shock to the chest, or manual or mechanical methods to assist breathing;
(2)"EMS cardiopulmonary resuscitation directive," an advance medical directive pertaining to the administration of cardiopulmonary resuscitation, which is a medical order based on informed consent, signed by or on behalf of an individual and a physician, a physician assistant, or a certified nurse practitioner, directing emergency medical services personnel to not perform resuscitative measures in the event of respiratory or cardiac arrest or malfunction;
(3)"Emergency medical service personnel," any emergency medical technician at any level as defined in §36-4B-1;
(4)"Informed consent," consent voluntarily, knowingly, and competently given without any element of force, fraud, deceit, duress, threat, or other form of coercion after explanation by a physician, physician' s assistant, or certified nurse practitioner of any information that a reasonable person would consider significant to the decision in a manner reasonably comprehensible to general lay understanding.
Source:
SL 2004, ch 226, §1; SL 2005, ch 183, §1; SL 2017, ch 171, §50.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12F - Cardiopulmonary Resuscitation Directives › Section 34-12F-2 - .Execution of EMS cardiopulmonary resuscitation directive.

34-12F-2. Execution of EMS cardiopulmonary resuscitation directive.
Any adult who has the decisional capacity to provide informed consent to, or refusal of, medical treatment, or any other person who is, pursuant to §34-12C-2 or 59-7-2.5 or other laws of this state, authorized to make medical treatment decisions on behalf of a person who lacks such decisional capacity, may execute an EMS cardiopulmonary resuscitation directive.
Source:
SL 2004, ch 226, §2; SL 2005, ch 183, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12F - Cardiopulmonary Resuscitation Directives › Section 34-12F-3 - .Implementation of directive by emergency medical personnel--Rules--Construction of section.

34-12F-3. Implementation of directive by emergency medical personnel--Rules--Construction of section.
The Department of Health may promulgate rules, pursuant to chapter 1-26, for the implementation of EMS cardiopulmonary resuscitation directives by emergency medical personnel. Any such rules shall include protocols for uniform methods for rapid identification of persons, including a unique, immediately recognizable bracelet to be worn for immediate identification of persons who have executed an EMS cardiopulmonary resuscitation directive, controlled distribution of the methods of identifying such persons, and any other pertinent information. Nothing in this section may be construed to restrict any other manner in which a person may make a cardiopulmonary resuscitation directive.
Source:
SL 2004, ch 226, §3; SL 2005, ch 183, §3; SL 2015, ch 277 (Ex. Ord. 15-1), §33, eff. Apr. 20, 2015.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12F - Cardiopulmonary Resuscitation Directives › Section 34-12F-4 - .Emergency medical service personnel and health care providers and facilities--Compliance with directive required--Immunity from civil and criminal liability and discipline for unprofessional conduct.

34-12F-4. Emergency medical service personnel and health care providers and facilities--Compliance with directive required--Immunity from civil and criminal liability and discipline for unprofessional conduct.
Any emergency medical service personnel, health care provider, and health care facility shall comply with a person's EMS cardiopulmonary resuscitation directive that is apparent and immediately available. Any emergency medical service personnel, health care provider, health care facility, or any other person who, in good faith, complies with an EMS cardiopulmonary resuscitation directive which is perceived to be valid is not subject to civil or criminal liability or to discipline for unprofessional conduct.
Source:
SL 2004, ch 226, §4; SL 2005, ch 183, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12F - Cardiopulmonary Resuscitation Directives › Section 34-12F-5 - .Effect of compliance with directive on criminal prosecution of person otherwise criminally charged.

34-12F-5. Effect of compliance with directive on criminal prosecution of person otherwise criminally charged.
Compliance by any emergency medical service personnel, health care provider, or health care facility with an EMS cardiopulmonary resuscitation directive does not affect the criminal prosecution of any person otherwise charged with the commission of a criminal act.
Source:
SL 2004, ch 226, §5; SL 2005, ch 183, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12F - Cardiopulmonary Resuscitation Directives › Section 34-12F-6 - .Directive for person admitted to health care facility--Implementation as physician's order.

34-12F-6. Directive for person admitted to health care facility--Implementation as physician's order.
An EMS cardiopulmonary resuscitation directive for any person who is admitted to a health care facility shall be implemented as a physician's order concerning resuscitation as directed in the EMS cardiopulmonary resuscitation directive, pending any further order by a physician.
Source:
SL 2004, ch 226, §6; SL 2005, ch 183, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12F - Cardiopulmonary Resuscitation Directives › Section 34-12F-7 - .Directive or failure to execute directive--Effect on annuity or insurance.

34-12F-7. Directive or failure to execute directive--Effect on annuity or insurance.
Neither an EMS cardiopulmonary resuscitation directive nor the failure of a person to execute one affects, impairs, or modifies any contract of life or health insurance or annuity or constitutes the basis for any delay in issuing or refusing to issue an annuity or policy of life or health insurance or any increase of a premium therefor.
Source:
SL 2004, ch 226, §7; SL 2005, ch 183, §7.