Title 34 — PUBLIC HEALTH AND SAFETY
100 chapters · 1,959 sections in this title.
SDCL § 34-12C-1 Definition of terms
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Terms used in this chapter mean: (1) "Attending physician," the physician who has primary responsibility for the treatment and care of the patient; (2) "Durable power of attorney for health care," an instrument executed pursuant to § 59-7-2.1 that authorizes its attorney in fact …
SDCL § 34-12C-2 Conditions authorizing health care decision by another--Determination by physician
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A health care decision by another is authorized under this chapter for an adult person who is incapable of giving informed consent to health care. A person is incapable of giving informed consent to health care if: (1) A guardian has been appointed for him or he has otherwise bee…
SDCL § 34-12C-3 Absence of power of attorney or appointed guardian--Consent by others--Disqualification--Delegation of authority--Wishes of incapacitated person--Recommendation of physician
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In the absence of a durable power of attorney for health care or the appointment of a guardian of the person, or if neither the attorney in fact nor guardian is available to consent, a health care decision for an incapacitated person may be made by the following persons or member…
SDCL § 34-12C-4 Court - ordered health care--Conditions
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If the circuit court finds that a health care decision is required for a person and that the person is incapable of giving informed consent to health care, the circuit court may order health care, direct a health care decision, determine who is authorized to make the decision, ap…
SDCL § 34-12C-5 Petition for authority to make health care decision--Filing in circuit court--Contents--Notice--Court - ordered investigation
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A petition pursuant to § 34-12C-4 may be filed by the incapacitated or alleged incapacitated person, by any person who is, or who might be, authorized to make a health care decision for him pursuant to § 34-12C-3 , by a health care provider or by any other interested person. Any …
SDCL § 34-12C-6 Rights of authorized person as incapacitated person
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The informed consent of the person authorized under this chapter to make a health care decision shall, for all purposes, be deemed the informed consent of the incapacitated person. The person has the same right as does the incapacitated person to receive information relevant to t…
SDCL § 34-12C-7 Liability of health care provider--Liability of authorized decision maker
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A health care provider acting or declining to act in reliance on a health care decision by a person whom the health care provider believes in good faith is authorized by this chapter to make a health care decision for another is not subject to criminal prosecution, civil liabilit…
SDCL § 34-12C-8 Scope of chapter
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The provisions of this chapter do not: (1) Authorize consent to health care that is prohibited by the law of this state; (2) Except as provided in this chapter, affect the law of this state concerning: (a) The standard of care of a health care provider; (b) When consent is requir…
SDCL § 34-12C-9 Insertion of urinary catheter into patient under age sixteen without consent of parent or guardian prohibited
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Notwithstanding any other provision of law a health care provider or any other person authorized to insert a urinary catheter may not insert a catheter into a patient under the age of sixteen without the verbal or written consent of the child's parent or guardian unless it is a m…