34-12H-9. Revocation of MOST.
A patient with decision-making capacity may revoke a MOST at any time by:
(1)Destroying or defacing the MOST with the intent to revoke;
(2)A written revocation of the MOST, signed and dated by the patient; or
(3)An oral expression of the intent to revoke the MOST, in the presence of a witness eighteen years of age or older who signs and dates in writing, confirming that the expression of intent was made.
An authorized representative may not revoke a MOST unless the MOST was executed by the authorized representative. The authorized representative shall make the revocation in writing.
A revocation is effective upon communication to the health care provider. A health care provider who is informed of a revocation shall record the date and time of the notification of revocation in the patient's medical record.
Source: SL 2019, ch 146, ยง9.
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.