Title 34, PUBLIC HEALTH AND SAFETY

A health care provider is not subject to civil or criminal liability or to professional disciplinary action for giving effect to a declaration, absent actual knowledge of its revocation, for determining that a terminal condition does or does not exist or for declining to give eff…

Death resulting from the withdrawal or withholding of life-sustaining treatment in accordance with this chapter does not constitute, for any purpose, a suicide on the part of the declarant or a homicide on the part of the attending physician or other health care providers. Source…

The making of a declaration pursuant to this chapter does not affect the sale, procurement, or issuance of a policy of life insurance or annuity, nor does it affect, impair, or modify the terms of an existing policy of life insurance or annuity. A policy of life insurance or annu…

A person may not prohibit or require the execution of a declaration as a condition for being insured for, or receiving, health - care services. Source: SL 1991, ch 273 , § 15.

This chapter creates no presumption concerning the intention of an individual who has revoked or has not executed a declaration with respect to the use, withdrawal, or withholding of life - sustaining treatment in the event of a terminal condition. Source: SL 1991, ch 273 , § 16.

This chapter does not affect the right of a patient to make decisions regarding the use of life - sustaining treatment, so long as the patient is able to do so, or impair or supersede a right or responsibility that a person has to effect the withdrawal or withholding of medical c…

This chapter does not require a physician or other health care provider to take action contrary to accepted medical standards. Source: SL 1991, ch 273 , § 18; SL 2007, ch 193 , § 10.

A competent adult may at any time execute a declaration governing the withholding or withdrawal of life - sustaining treatment. The declaration must be signed by the declarant, or by another at the declarant's direction, and witnessed by two adults, or by a notary public who shal…

This chapter does not condone, authorize, or approve mercy - killing or euthanasia, suicide or assisted suicide. Source: SL 1991, ch 273 , § 19.

In the absence of actual knowledge to the contrary, a health care provider may assume that a declaration complies with this chapter and is valid. Source: SL 1991, ch 273 , § 20; SL 2007, ch 193 , § 11.

A declaration which meets the execution requirements of the jurisdiction where the declarant was then a resident, the execution requirements of the jurisdiction where executed, or the execution requirements of this chapter, is valid for purposes of this chapter, even if executed …

Any licensed health care professional who administers, prescribes, or dispenses medications or procedures to relieve another person's pain or discomfort, even if the medication or procedure may hasten, or increase the risk of, death, does not violate § 22-16-37 , unless the medic…

A cause of action for injunctive relief may be maintained against any person who is reasonably believed to be about to violate or who is in the course of violating § 22-16-37 by any person who is: (1) The spouse, parent, child, sibling, legally appointed guardian, or conservator …

Any person given standing by subdivision 34-12D-24(1) or (2) or the person who would have committed suicide, in the case of an attempt, may maintain a cause of action against any person who violates or attempts to violate § 22-16-37 for compensatory damages and punitive damages. …

Reasonable attorney's fees shall be awarded to the prevailing plaintiff in any civil action brought pursuant to § 34-12D-24 or 34-12D-25 . Source: SDCL § 22-16-37.4; SL 2005, ch 120 , § 170.

Any court shall notify the appropriate licensing board in any case in which a licensed health care professional: (1) Is convicted of a violation of § 22-16-37 ; (2) Has been cited for contempt of court for violating an injunction issued under § 34-12D-24 ; or (3) Has been subject…

Any professional licensing board authorized pursuant to Title 36 may, subject to the procedures set out in Title 36, suspend or revoke the license of any licensed health care professional who: (1) Is convicted of a violation of § 22-16-37 ; (2) Has been cited for contempt of cour…

For the purposes of §§ 34-12D-23 to 34-12D-28 , inclusive, the term, licensed health care professional, means any physician, surgeon, podiatrist, osteopath, physician assistant, nurse, certified nurse practitioner, certified nurse midwife, clinical nurse specialist, certified reg…

A declaration may, but need not, be in the following form: LIVING WILL DECLARATION This is an important legal document. A living will directs the medical treatment you are to receive in the event you are in a terminal condition and are unable to participate in your own medical de…

If an individual has executed both a declaration and a durable power of attorney, the later executed document shall control to the extent that its provisions conflict with the provisions of the earlier executed document. However, nothing in this chapter may be construed to create…

A living will declaration becomes operative when the declarant is determined by the attending physician to be in a terminal condition, death is imminent, and the declarant is no longer able to communicate decisions about medical care. Source: SL 1991, ch 273 , § 5; SL 2007, ch 19…

A qualified patient may make decisions regarding life - sustaining treatment so long as the patient is able to do so. Source: SL 1991, ch 273 , § 8.

Upon determining that a declarant is in a terminal condition, the attending physician who knows of a declaration shall record the determination and the terms of the declaration in the declarant's medical record. Source: SL 1991, ch 273 , § 7.

A declarant may revoke a declaration at any time and in any manner without regard to the declarant's mental or physical condition. A revocation is effective upon communication to the health care provider. The health care provider shall make the revocation a part of the declarant'…

This chapter does not affect the responsibility of any health care provider to provide treatment when necessary to alleviate pain or to provide for the patient's comfort, hygiene, or human dignity. Source: SL 1991, ch 273 , § 9; SL 2007, ch 193 , § 5.