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.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
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-10 - Treatment of pregnant woman notwithstanding declaration.
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-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-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.