34-12H-3. Representative may only act when patient lacks decision-making capacity.
A patient's authorized representative may execute a MOST only if the patient lacks decision-making capacity. The patient's lack of decision-making capacity shall be recorded in the patient's medical record.
Source: SL 2019, ch 146, ยง3.
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.