reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12F - Cardiopulmonary Resuscitation Directives › Section 34-12F-8 - .Revocation of directive.

34-12F-8. Revocation of directive.
An EMS cardiopulmonary resuscitation directive may be revoked at any time by the person who is the subject of the directive or by any other person who is, pursuant to the laws of this state or any other state, authorized to make medical treatment decisions on behalf of the person who is the subject of the directive.
Source:
SL 2004, ch 226, §8; SL 2005, ch 183, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12F - Cardiopulmonary Resuscitation Directives › Section 34-12F-9 - .Parental notification required to withhold resuscitation--Records--Parental objection--Court action.

34-12F-9. Parental notification required to withhold resuscitation--Records--Parental objection--Court action.
If a physician determines that a patient who is an unemancipated minor has a life-limiting illness, the physician may not institute an order to withhold resuscitation unless the physician has:
(1)Informed at least one of the patient's parents or the patient's legal guardian of the intent to institute such an order; and
(2)Made a reasonable attempt to inform the patient's other parent, if that parent's contact information is available or discernible, and if that parent has custodial or visitation rights.
The physician shall provide the information required by this section orally and in written form unless, using medical judgment, the physician determines that the urgency of the patient's condition requires reliance on only oral information.
The physician shall ensure that all communications made or attempted in accordance with this section are contemporaneously documented in the patient's medical record and that the record includes a listing of all participants in the communication, the date and time that communications or attempted communications occurred, and whether the information was provided orally or in written form. Copies of any written information provided must also be placed in the medical record.
Either of the patient's parents or the patient's legal guardian may object, orally or in written form, to the institution of an order to withhold resuscitation. The objection must be contemporaneously documented in the patient's medical record. An objection under this section precludes the physician from instituting an order to withhold resuscitation until the objection is withdrawn or a court permits institution of the order.
If the patient's parents are unable to agree on the institution of an order to withhold resuscitation, either parent may petition the circuit court of the county in which that parent resides or in which the patient is receiving treatment for an order enjoining a violation or a threatened violation of this section or to resolve a conflict. Pending a final determination, including any appeals, an order to withhold resuscitation may not be instituted.
Source:
SL 2019, ch 145, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12G - Rural Health Care Recruitment Assistance › Section 34-12G-1 - Program to assist rural communities recruit health care professionals.

34-12G-1. Program to assist rural communities recruit health care professionals.
The Department of Health may establish a program to assist rural communities in recruiting physicians, dentists, physician assistants, certified nurse practitioners, and certified nurse midwives.
Source:
SL 2012, ch 179, §1; SL 2017, ch 171, §50.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12G - Rural Health Care Recruitment Assistance › Section 34-12G-2 - Eligible rural communities.

34-12G-2. Eligible rural communities.
A rural community eligible to participate in the recruitment assistance program is any community in this state which:
(1)Has a population of ten thousand persons or less;
(2)Agrees to provide its portion of the incentive payment pursuant to the provisions of §§34-12G-1 to 34-12G-9, inclusive; and
(3)Is determined to be eligible by the Department of Health.
Before making a determination of eligibility, the Department of Health shall conduct a community assessment designed to evaluate the community's need for eligible providers and its ability to sustain and support the additional providers. The department shall maintain a list of communities which have been assessed and which are eligible for participation in the recruitment assistance program established by §§34-12G-1 to 34-12G-9, inclusive. The department may revise any community assessment or conduct a new assessment as necessary to reflect any change in conditions within a community.
Source:
SL 2012, ch 179, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12G - Rural Health Care Recruitment Assistance › Section 34-12G-3 - Eligible health care professionals.

34-12G-3. Eligible health care professionals.
A physician is eligible to participate in the recruitment assistance program established pursuant to §§34-12G-1 to 34-12G-9, inclusive, if the physician is licensed to practice medicine pursuant to chapter 36-4 and has completed an accredited residency program in family practice, pediatrics, internal medicine, or obstetrics/gynecology, and if the physician agrees to practice in an eligible rural community for a minimum period of three years. No more than fifteen physicians may participate in the program at any specified time. Preference shall be given to physicians who have graduated from the University of South Dakota School of Medicine and completed an accredited residency program located in South Dakota.
A dentist is eligible to participate in the recruitment assistance program established pursuant to §§34-12G-1 to 34-12G-9, inclusive, if the dentist is licensed to practice dentistry pursuant to chapter 36-6A and agrees to practice general or pediatric dentistry in an eligible rural community for a minimum period of three years. No more than five dentists may participate in the program at any specified time.
A physician assistant, certified nurse practitioner, or certified nurse midwife is eligible to participate in the recruitment assistance program established pursuant to §§34-12G-1 to 34-12G-9, inclusive, if the physician assistant, certified nurse practitioner, or certified nurse midwife is licensed to practice pursuant to chapter 36-4A or chapter 36-9A, respectively, and has completed an accredited physician assistant, certified nurse practitioner, or certified nurse midwife program and if the person agrees to practice as a primary care physician assistant, family certified nurse practitioner, or certified nurse midwife in an eligible rural community for a minimum period of three years.
A certified registered nurse anesthetist is eligible to participate in the recruitment assistance program established pursuant to §§ 34-12G-1 to 34-12G-9, inclusive, if the nurse is authorized to practice the nursing specialty of nurse anesthesia, as described in § 36-9-3.1, and agrees to practice as a certified registered nurse anesthetist in an eligible rural community for a minimum period of three years.
No more than a cumulative total of fifteen physician assistants, certified nurse practitioners, certified nurse midwives, or certified registered nurse anesthetists may participate in the program at any specified time.
Source:
SL 2012, ch 179, §3; SL 2017, ch 171, §50; SL 2021, ch 143, § 1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12G - Rural Health Care Recruitment Assistance › Section 34-12G-4 - Incentive payment.

34-12G-4. Incentive payment.
A physician or dentist who fulfills the requirements of the recruitment assistance program established pursuant to §§34-12G-1 to 34-12G-9, inclusive, is entitled to receive an incentive payment in an amount equal to twice the University of South Dakota School of Medicine resident tuition for the four most recently completed academic years.
A physician assistant, certified nurse practitioner, or certified nurse midwife who fulfills the requirements of the recruitment assistance program established pursuant to §§34-12G-1 to 34-12G-9, inclusive, is entitled to receive an incentive payment in an amount equal to twice the University of South Dakota resident tuition for physician assistant studies for the three most recently completed academic years.
Source:
SL 2012, ch 179, §4; SL 2017, ch 171, §50.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12G - Rural Health Care Recruitment Assistance › Section 34-12G-5 - Rural community agreement for payment of recruitment assistance.

34-12G-5. Rural community agreement for payment of recruitment assistance.
Any agreement for the payment of recruitment assistance pursuant to §§34-12G-1 to 34-12G-9, inclusive, shall obligate the rural community to be served by a physician, dentist, physician assistant, certified nurse practitioner, or certified nurse midwife to provide a portion of the total amount of the incentive payment, based on the following criteria: communities of two thousand five hundred persons or less shall provide twenty-five percent of incentive payments; communities of more than two thousand five hundred persons and less than five thousand persons shall provide fifty percent of incentive payments; and all remaining eligible communities shall provide seventy-five percent of incentive payments. When the rural community certifies to the secretary of health that it has paid the full amount for which it is obligated, the secretary of the Department of Health shall pay to the physician, dentist, physician assistant, certified nurse practitioner, or certified nurse midwife the remaining balance of the total incentive payment amount. The secretary shall pay the required amount out of funds appropriated by the Legislature for such purpose. The incentive payment shall be paid upon completion of the required three-year practice period by the physician, dentist, physician assistant, certified nurse practitioner, or certified nurse midwife. However, a community may pay its portion of the incentive payment at any time during the three-year period.
Source:
SL 2012, ch 179, §5; SL 2017, ch 171, §50.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12G - Rural Health Care Recruitment Assistance › Section 34-12G-6 - Appropriation of funds.

34-12G-6. Appropriation of funds.
Any municipality or county may appropriate funds for the purpose of carrying out the provisions of §§34-12G-1 to 34-12G-9, inclusive.
Source:
SL 2012, ch 179, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12G - Rural Health Care Recruitment Assistance › Section 34-12G-7 - Agreement to be approved by secretary of health.

34-12G-7. Agreement to be approved by secretary of health.
No recruitment assistance agreement entered into pursuant to the provisions of §§34-12G-1 to 34-12G-9, inclusive, is effective until it is filed with and approved by the secretary of health. The secretary may prescribe the format of the agreements and procedures for approval.
Source:
SL 2012, ch 179, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12G - Rural Health Care Recruitment Assistance › Section 34-12G-8 - Restrictions on participation.

34-12G-8. Restrictions on participation.
No person may participate in the program established pursuant to the provisions of §§34-12G-1 to 34-12G-9, inclusive, if the person has previously participated in such program, or any other state or federal scholarship, loan repayment, or tuition reimbursement program which obligates the person to provide medical services within an underserved area.
Source:
SL 2012, ch 179, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12G - Rural Health Care Recruitment Assistance › Section 34-12G-9 - Program participant to be medical assistance provider.

34-12G-9. Program participant to be medical assistance provider.
Any person participating in the program established pursuant to the provisions of §§34-12G-1 to 34-12G-9, inclusive, shall agree to be a participating South Dakota medical assistance provider and to serve any individual eligible under chapter 28-6 and may not refuse treatment to any such individual while participating in the program.
Source:
SL 2012, ch 179, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12G - Rural Health Care Recruitment Assistance › Section 34-12G-10 - Program to assist rural health care facilities recruiting health care professionals.

34-12G-10. Program to assist rural health care facilities recruiting health care professionals.
The Department of Health may establish a program to assist rural health care facilities in recruiting eligible health care professionals as defined pursuant to §34-12G-12.
Source:
SL 2012, ch 180, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12G - Rural Health Care Recruitment Assistance › Section 34-12G-11 - Rural health care facility recruitment program--Eligible facilities.

34-12G-11. Rural health care facility recruitment program--Eligible facilities.
A rural health care facility is eligible to participate in the recruitment assistance program if the facility:
(1)Is located in a community with a population of ten thousand or less;
(2)Is:
(a)Licensed pursuant to chapter 34-12;
(b)A dental practice; or
(c)Certified under Title XVIII or XIX of the Social Security Act as amended through December 31, 2011; and
(3)Agrees to provide its portion of the recruitment assistance payment payable to a health care professional who practices in the health care facility as required by §§34-12G-10 to 34-12G-17, inclusive.
A rural health care facility may have up to three eligible health care professionals per year participate in the program.
Source: SL 2012, ch 180, §2; SL 2023, ch 116, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12G - Rural Health Care Recruitment Assistance › Section 34-12G-12 - Eligible health care professionals.

34-12G-12. Eligible health care professionals.
A health care professional is eligible to participate in the recruitment assistance program, established pursuant to §§34-12G-10 to 34-12G-17, inclusive, if the health care professional is licensed or certified to practice in his or her profession in South Dakota and agrees to practice full time in an eligible rural health care facility for a minimum period of three years. No more than sixty health care professionals may participate in the program each year. The Department of Health shall promulgate rules pursuant to chapter 1-26 to specify those health care professionals eligible to receive incentive payments under this recruitment assistance program.
Source:
SL 2012, ch 180, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12G - Rural Health Care Recruitment Assistance › Section 34-12G-13 - Incentive payment.

34-12G-13. Incentive payment.
A health care professional who fulfills the requirements of the recruitment assistance program established pursuant to §§34-12G-10 to 34-12G-17, inclusive, is entitled to receive an incentive payment not to exceed ten thousand dollars.
Source:
SL 2012, ch 180, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12G - Rural Health Care Recruitment Assistance › Section 34-12G-14 - Rural health care facility agreement for payment of recruitment assistance.

34-12G-14. Rural health care facility agreement for payment of recruitment assistance.
Any agreement for the payment of recruitment assistance pursuant to §§34-12G-10 to 34-12G-17, inclusive, shall obligate the rural health care facility employing the health care professional to provide a portion of the total amount of recruitment incentives based on the following criteria: rural health care facilities in communities of two thousand five hundred persons or less shall provide twenty-five percent of recruitment incentive payments, and rural health care facilities in communities of greater than two thousand five hundred persons shall provide fifty percent of recruitment incentive payments. When the rural health care facility certifies to the secretary of health that it has paid the full amount for which it is obligated, the secretary of health shall pay to the health care professional the remaining balance of the total incentive amount. The secretary shall pay the required amount out of funds appropriated by the Legislature for such purpose. The incentive shall be paid upon the health care professional's completion of the required three-year practice period. However, a rural health facility may pay its portion of the incentive at any time during the three-year period.
Source:
SL 2012, ch 180, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12G - Rural Health Care Recruitment Assistance › Section 34-12G-15 - Agreement to be approved by secretary of health.

34-12G-15. Agreement to be approved by secretary of health.
No recruitment assistance agreement entered into pursuant to the provisions of §§34-12G-10 to 34-12G-17, inclusive, is effective until it is filed with and approved by the secretary of health. The secretary may prescribe the form of the agreements and procedures for approval by rules promulgated pursuant to chapter 1-26.
Source:
SL 2012, ch 180, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12G - Rural Health Care Recruitment Assistance › Section 34-12G-16 - Restrictions on participation.

34-12G-16. Restrictions on participation.
No person may participate in the program established pursuant to the provisions of §§34-12G-10 to 34-12G-17, inclusive, if the person has previously participated in such program, or any other state or federal scholarship, loan repayment, or tuition reimbursement program which obligates the person to provide medical services within an underserved area.
Source:
SL 2012, ch 180, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12G - Rural Health Care Recruitment Assistance › Section 34-12G-17 - Participating rural health care facility to be medical assistance provider.

34-12G-17. Participating rural health care facility to be medical assistance provider.
Any rural health care facility participating in the program established pursuant to the provisions of §§34-12G-10 to 34-12G-17, inclusive, shall agree to be a participating South Dakota medical assistance provider and to serve any person eligible under chapter 28-6 and may not refuse treatment to any such person while participating in the program.
Source:
SL 2012, ch 180, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12H - Advance Care Planning For Patient With Terminal Condition › Section 34-12H-1 - Definitions.

34-12H-1. Definitions.
Terms used in this chapter mean:
(1)"Advance health care directive," a durable power of attorney executed under §§59-7-2.1 to 59-7-2.4, inclusive, a living will executed under chapter 34-12D, or an EMS cardiopulmonary resuscitation directive executed pursuant to chapter 34-12F;
(2)"Authorized representative," a person authorized to make health care decisions for a patient pursuant to chapters 29A-5 or 34-12C or §§59-7-2.1 to 59-7-2.4, inclusive;
(3)"Decision-making capacity," a patient's ability to understand to a reasonable extent the nature of and the significant benefits, risks and alternatives to any proposed health care and to make and communicate, with reasonable accommodation when necessary, a decision regarding the health care;
(4)"Department," the Department of Health;
(5)"Health care provider," as defined in §34-12D-1;
(6)"Informed consent," consent voluntarily, knowingly, and competently given without any element of force, fraud, deceit, duress, threat, or other form of coercion after conscientious explanation of all information that a reasonable person would consider significant to the decision in a manner reasonably comprehensible to general lay understanding;
(7)"Life-sustaining treatment," as defined in subdivision 34-12D-1(4);
(8)"Medical provider," a physician, physician assistant or certified nurse practitioner designated by a patient or the patient's authorized representative, to have responsibility for the patient's health care;
(9)"Medical order for scope of treatment," or "MOST," a document, other than an advance health care directive, executed by a patient who has been diagnosed with a terminal condition, or the patient's authorized representative, and the patient's medical provider and entered in the patient's medical record that provides direction to health care providers about the patient's goals and preferences regarding the use of medical interventions, including cardiopulmonary resuscitation and other life-sustaining treatment;
(10)"Patient," a person who has been diagnosed with a terminal condition;
(11)"Secretary," the secretary of the Department of Health;
(12)"Terminal condition," as defined in §34-12D-1.
Source:
SL 2019, ch 146, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12H - Advance Care Planning For Patient With Terminal Condition › Section 34-12H-2 - Patient or representative may execute MOST.

34-12H-2. Patient or representative may execute MOST.
A patient with decision-making capacity, or in the case that a patient lacks decision-making capacity, the patient's authorized representative, may execute a MOST in the form and manner prescribed by §34-12H-4.
Source:
SL 2019, ch 146, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12H - Advance Care Planning For Patient With Terminal Condition › Section 34-12H-3 - Representative may only act when patient lacks decision-making capacity.

34-12H-3. Representative may only act when patient lacks decision-making capacity.
A patient's authorized representative may execute a MOST only if the patient lacks decision-making capacity. The patient's lack of decision-making capacity shall be recorded in the patient's medical record.
Source:
SL 2019, ch 146, §3.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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-16 - Discrimination--Retaliation--Prohibition.

34-12I-16. Discrimination--Retaliation--Prohibition.
A facility may not discriminate or retaliate against any resident or roommate for consenting to or refusing to consent to video monitoring.
A facility may not discriminate against any potential resident or potential roommate for consenting to or refusing to consent to video monitoring.
Source:  SL 2020, ch 152, § 16.
2023 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-17 - Liability--Civil--Criminal.

34-12I-17. Liability--Civil--Criminal.
A facility is not civilly or criminally liable for any violation of a person's right to privacy arising out of the use of a video monitoring device, except to the extent the violation was caused by the facility's intentional violation of this chapter.
Source:
SL 2020, ch 152, § 17.
2023 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-18 - Complaint--Adjudication.

34-12I-18. Complaint--Adjudication.
Any complaint alleging that a facility has violated this chapter must be filed with the secretary of the Department of Health and adjudicated under chapter 1-26. A violation of this chapter may not form the basis of any private civil cause of action.
Source:
SL 2020, ch 152, § 18.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 14 - Medical Research › Section 34-14-1 - Information obtained in medical studies confidential--Inadmissibility in evidence.

34-14-1. Information obtained in medical studies confidential--Inadmissibility in evidence.
All information, interviews, reports, statements, memoranda, or other data procured by the Department of Health, South Dakota State Medical Association, allied medical societies, or in-hospital staff committees of accredited hospitals in the course of a medical study for the purpose of reducing morbidity or mortality shall be strictly confidential and shall only be used for medical research.
Such information, records, reports, statements, notes, memoranda, or other data, shall not be admissible as evidence in any action of any kind in any court or before any tribunal, board, agency, or person.
Source:
SL 1959, ch 134, §§1, 2; SDC Supp 1960, §27.0117.