34-12D-2. Declaration--Requirements as to execution.
A competent adult may at any time execute a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration shall be signed by the declarant, or another at the declarant's direction, and witnessed by two adult individuals. The signing may be in the presence of a notary public who shall thereafter notarize the declaration. A declaration shall state the declarant's preferences regarding whether the declarant wishes to receive or not receive artificial nutrition and hydration. If the declaration does not state the declarant's preferences with respect to artificial nutrition and hydration, whether artificial nutrition and hydration is to be provided, withheld, or withdrawn shall be governed by the law of this state which would apply in the absence of a declaration.
Source: SL 1991, ch 273, ยง2.
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.