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.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 12C - Health Care Consent Procedures
Section 34-12C-1 - Definition of terms.
Section 34-12C-4 - Court-ordered health care--Conditions.
Section 34-12C-6 - Rights of authorized person as incapacitated person.
Section 34-12C-7 - Liability of health care provider--Liability of authorized decision maker .