South Dakota Codified Laws
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, ยง17.

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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.