34-12H-12. Immunity of health care provider.
A health care provider acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider is not subject to civil or criminal liability or to discipline for unprofessional conduct for:
(1)Complying with a MOST and assuming that it was valid when made and has not been revoked;
(2)Not complying with a MOST when it appears it was revoked or invalid when made;
(3)Not complying with a MOST due to the health care provider's beliefs as a matter of conscience; or
(4)The good faith belief that the patient has or lacks decision-making capacity.
Source: SL 2019, ch 146, ยง12.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 12H - Advance Care Planning For Patient With Terminal Condition
Section 34-12H-1 - Definitions.
Section 34-12H-2 - Patient or representative may execute MOST.
Section 34-12H-3 - Representative may only act when patient lacks decision-making capacity.
Section 34-12H-4 - MOST form--Contents.
Section 34-12H-5 - MOST form part of medical record.
Section 34-12H-6 - Out-of-state documents valid in state.
Section 34-12H-7 - Physician to treat patient in accordance with MOST.
Section 34-12H-8 - Conflict between patient's MOST and patient's other directives.
Section 34-12H-9 - Revocation of MOST.
Section 34-12H-10 - Refusal of health care provider to comply with MOST.
Section 34-12H-11 - Execution or revocation of MOST may not be condition for providing health care.