South Dakota Codified Laws
Chapter 07 - Termination Of Agency
Section 59-7-8 - Immunity.

59-7-8. Immunity.
A physician or other health care provider as defined in subdivision 34-12C-1(5) acting in reliance on a health care decision by an attorney-in-fact or agent whom the physician or health care provider believes in good faith is authorized by this chapter to make a health care decision for the principal or a physician or other health care provider declining to act in reliance on a health care decision by an attorney-in-fact or agent whom the physician or health care provider believes in good faith is not authorized by this chapter to make a health care decision for the principal is not subject to criminal prosecution, civil liability, or professional disciplinary action on the ground that the attorney-in-fact or agent either had or did not have authority to make a health care decision or for disclosing to the attorney-in-fact or agent medical records or other information.
A physician or other health care provider who in good faith believes that the principal has or does not have decisional capacity under §59-7-2.6 is not subject to criminal prosecution, civil liability, or professional disciplinary action for making that determination.
A physician or other health care provider who in good faith makes a determination in a writing or other record that a principal is incapacitated as defined in §59-12-1 is not subject to criminal prosecution, civil liability, or professional disciplinary action for making that determination.
An attorney, judge, or governmental official who in good faith makes a determination in a writing or other record that a principal is incapacitated within the meaning of §59-12-1 is not subject to criminal prosecution, civil liability, or professional disciplinary action for making that determination.

Source: SL 1992, ch 359; SL 2007, ch 296, §3; SL 2020, ch 214, § 51.

Structure South Dakota Codified Laws