South Dakota Codified Laws
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.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 34 - Public Health and Safety

Chapter 12D - Living Wills

Section 34-12D-1 - Definition of terms.

Section 34-12D-2 - Declaration--Requirements as to execution.

Section 34-12D-3 - Declaration--Sample form.

Section 34-12D-4 - Multiple documents--Resolving conflicts--Participation by attorney in fact.

Section 34-12D-5 - When declaration becomes operative.

Section 34-12D-6 - Decisions regarding life-sustaining treatment--Rights of qualified patient.

Section 34-12D-7 - Entry of declaration into medical record.

Section 34-12D-8 - Revocation of declaration--Medical record to contain revocation.

Section 34-12D-9 - Providing for patient's comfort and related needs--Responsibility of health care provider.

Section 34-12D-10 - Treatment of pregnant woman notwithstanding declaration.

Section 34-12D-11 - Withdrawal or withholding of life-sustaining treatment--Responsibilities of health care provider.

Section 34-12D-12 - Providing treatment, artificial nutrition, and hydration--Responsibilities of health care provider.

Section 34-12D-13 - Immunity from civil or criminal liability, and from professional discipline.

Section 34-12D-14 - Withdrawal or withholding of treatment neither suicide or homicide.

Section 34-12D-15 - Withdrawal or withholding of treatment--Effect upon life insurance or annuity.

Section 34-12D-16 - Insurer or health-care provider may not prohibit or require declaration.

Section 34-12D-17 - Revocation of or failure to execute declaration--No presumption created concerning intent.

Section 34-12D-18 - Patients able to make decisions regarding medical care--Effect upon rights.

Section 34-12D-19 - Health care provider not required to deviate from accepted medical standards.

Section 34-12D-20 - Mercy-killing, euthanasia, suicide, and assisted suicide not condoned.

Section 34-12D-21 - Assumption as to valid declaration permissible.

Section 34-12D-23 - Health care professional--Knowledge and purpose required for conviction of aiding and abetting suicide.

Section 34-12D-24 - Standing to bring injunctive relief against person believed to be about to assist in suicide.

Section 34-12D-25 - Cause of action for compensatory and punitive damages for assisting suicide.

Section 34-12D-26 - Attorney's fees to plaintiff in assisted suicide action.

Section 34-12D-27 - Licensing board notified of assisted suicide violation.

Section 34-12D-28 - Revocation of license for assisted suicide violation.

Section 34-12D-29 - Licensed health care professional defined.