Title 34 — PUBLIC HEALTH AND SAFETY

100 chapters · 1,959 sections in this title.

1,959 sectionsFiltered byTitle 34

SDCL § 34-12D-23 Health care professional--Knowledge and purpose required for conviction of aiding and abetting suicide
0.6K chars
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…
SDCL § 34-12D-24 Standing to bring injunctive relief against person believed to be about to assist in suicide
0.7K chars
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 …
SDCL § 34-12D-25 Cause of action for compensatory and punitive damages for assisting suicide
0.5K chars
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. …
SDCL § 34-12D-26 Attorney's fees to plaintiff in assisted suicide action
0.1K chars
Reasonable attorney's fees shall be awarded to the prevailing plaintiff in any civil action brought pursuant to § 34-12D-24 or
SDCL § 34-12D-27 Licensing board notified of assisted suicide violation
0.3K chars
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…
SDCL § 34-12D-28 Revocation of license for assisted suicide violation
0.4K chars
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…
SDCL § 34-12D-29 Licensed health care professional defined
0.4K chars
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…
SDCL § 34-12D-3 Declaration--Sample form
3.7K chars
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…
SDCL § 34-12D-4 Multiple documents--Resolving conflicts--Participation by attorney in fact
0.4K chars
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…
SDCL § 34-12D-5 When declaration becomes operative
0.3K chars
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…
SDCL § 34-12D-6 Decisions regarding life - sustaining treatment--Rights of qualified patient
0.1K chars
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.
SDCL § 34-12D-7 Entry of declaration into medical record
0.2K chars
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.
SDCL § 34-12D-8 Revocation of declaration--Medical record to contain revocation
0.4K chars
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'…
SDCL § 34-12D-9 Providing for patient's comfort and related needs--Responsibility of health care provider
0.3K chars
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.
SDCL § 34-12E-1 Definition of terms
0.7K chars
Terms used in this chapter mean: (1) "Health care procedure," an act of diagnosis, treatment, or care to a patient for which compensation is or may be charged; (2) "Health care provider," any licensed health care facility licensed pursuant to chapter 34-12 or any practitioner of …
SDCL § 34-12E-11 Annual hospital report on charge information--Promulgation of rules
1.1K chars
Any hospital licensed pursuant to chapter 34-12 shall annually report charge information to the South Dakota Association of Healthcare Organizations for which that hospital had at least ten cases during the twelve months preceding the report, using the hospital's All Patient Refi…
SDCL § 34-12E-11.1 Repealed
0.1K chars
Source: SL 2008, ch 169 , § 2; SL 2025, ch 135 , § 2.
SDCL § 34-12E-12 Repealed
0.1K chars
Source: SL 2005, ch 182 , § 2; SL 2008, ch 169 , § 3; SL 2025, ch 135 , § 3.
SDCL § 34-12E-13 Repealed
0.1K chars
Source: SL 2005, ch 182 , § 3; SL 2008, ch 169 , § 4; SL 2025, ch 135 , § 4. 34-12E-14. Repealed by SL 2013, ch 154 , § 18.
SDCL § 34-12E-8 Disclosure of fees and charges upon request
0.2K chars
All fees and charges for health care procedures shall be disclosed by a health care provider or facility upon request of a patient. Source: SL 1994, ch 276 , § 8.
SDCL § 34-12E-9 Failure to comply--Disciplinary action
0.2K chars
Failure to comply with the provisions of this chapter shall be grounds for disciplinary action on behalf of the appropriate licensing agency. Source: SL 1994, ch 276 , § 9. 34-12E-10. Repealed by SL 2013, ch 154 , § 17.
SDCL § 34-12F-1 Definitions
1.4K chars
Terms used in this chapter mean: (1) "Cardiopulmonary resuscitation," measures to restore cardiac function or to support breathing in the event of respiratory or cardiac arrest or malfunction. Cardiopulmonary resuscitation includes chest compression, delivering electric shock to …
SDCL § 34-12F-2 Execution of EMS cardiopulmonary resuscitation directive
0.4K chars
Any adult who has the decisional capacity to provide informed consent to, or refusal of, medical treatment, or any other person who is, pursuant to § 34-12C-2 or 59-7-2.5 or other laws of this state, authorized to make medical treatment decisions on behalf of a person who lacks s…
SDCL § 34-12F-3 Implementation of directive by emergency medical personnel--Rules--Construction of section
0.8K chars
The Department of Health may promulgate rules, pursuant to chapter 1-26 , for the implementation of EMS cardiopulmonary resuscitation directives by emergency medical personnel. Any such rules shall include protocols for uniform methods for rapid identification of persons, includi…
SDCL § 34-12F-4 Emergency medical service personnel and health care providers and facilities--Compliance with directive required--Immunity from civil and criminal liability and discipline for unprofessional conduct
0.6K chars
Any emergency medical service personnel, health care provider, and health care facility shall comply with a person's EMS cardiopulmonary resuscitation directive that is apparent and immediately available. Any emergency medical service personnel, health care provider, health care …
SDCL § 34-12F-5 Effect of compliance with directive on criminal prosecution of person otherwise criminally charged
0.3K chars
Compliance by any emergency medical service personnel, health care provider, or health care facility with an EMS cardiopulmonary resuscitation directive does not affect the criminal prosecution of any person otherwise charged with the commission of a criminal act. Source: SL 2004…
SDCL § 34-12F-6 Directive for person admitted to health care facility--Implementation as physician's order
0.3K chars
An EMS cardiopulmonary resuscitation directive for any person who is admitted to a health care facility shall be implemented as a physician's order concerning resuscitation as directed in the EMS cardiopulmonary resuscitation directive, pending any further order by a physician. S…
SDCL § 34-12F-7 Directive or failure to execute directive--Effect on annuity or insurance
0.4K chars
Neither an EMS cardiopulmonary resuscitation directive nor the failure of a person to execute one affects, impairs, or modifies any contract of life or health insurance or annuity or constitutes the basis for any delay in issuing or refusing to issue an annuity or policy of life …
SDCL § 34-12F-8 Revocation of directive
0.4K chars
An EMS cardiopulmonary resuscitation directive may be revoked at any time by the person who is the subject of the directive or by any other person who is, pursuant to the laws of this state or any other state, authorized to make medical treatment decisions on behalf of the person…
SDCL § 34-12F-9 Parental notification required to withhold resuscitation--Records--Parental objection--Court action
2.1K chars
If a physician determines that a patient who is an unemancipated minor has a life-limiting illness, the physician may not institute an order to withhold resuscitation unless the physician has: (1) Informed at least one of the patient's parents or the patient's legal guardian of t…
SDCL § 34-12G-1 Program to assist rural communities recruit health care professionals
0.3K chars
The Department of Health may establish a program to assist rural communities in recruiting physicians, dentists, physician assistants, certified nurse practitioners, and certified nurse midwives. Source: SL 2012, ch 179 , § 1; SL 2017, ch 171 , § 50.
SDCL § 34-12G-10 Program to assist rural health care facilities recruiting health care professionals
0.2K chars
The Department of Health may establish a program to assist rural health care facilities in recruiting eligible health care professionals as defined pursuant to §
SDCL § 34-12G-11 Rural health care facility recruitment program--Eligible facilities
0.7K chars
A rural health care facility is eligible to participate in the recruitment assistance program if the facility: (1) Is located in a community with a population of ten thousand or less; (2) Is: (a) Licensed pursuant to chapter 34-12 ; (b) A dental practice; or (c) Certified under T…
SDCL § 34-12G-12 Eligible health care professionals
0.7K chars
A health care professional is eligible to participate in the recruitment assistance program, established pursuant to §§ 34-12G-10 to 34-12G-17 , inclusive, if the health care professional is licensed or certified to practice in his or her profession in South Dakota and agrees to …
SDCL § 34-12G-13 Incentive payment
0.3K chars
A health care professional who fulfills the requirements of the recruitment assistance program established pursuant to §§ 34-12G-10 to 34-12G-17 , inclusive, is entitled to receive an incentive payment not to exceed ten thousand dollars. Source: SL 2012, ch 180 , § 4.
SDCL § 34-12G-14 Rural health care facility agreement for payment of recruitment assistance
1.2K chars
Any agreement for the payment of recruitment assistance pursuant to §§ 34-12G-10 to 34-12G-17 , inclusive, shall obligate the rural health care facility employing the health care professional to provide a portion of the total amount of recruitment incentives based on the followin…
SDCL § 34-12G-15 Agreement to be approved by secretary of health
0.4K chars
No recruitment assistance agreement entered into pursuant to the provisions of §§ 34-12G-10 to 34-12G-17 , inclusive, is effective until it is filed with and approved by the secretary of health. The secretary may prescribe the form of the agreements and procedures for approval by…
SDCL § 34-12G-16 Restrictions on participation
0.4K chars
No person may participate in the program established pursuant to the provisions of §§ 34-12G-10 to 34-12G-17 , inclusive, if the person has previously participated in such program, or any other state or federal scholarship, loan repayment, or tuition reimbursement program which o…
SDCL § 34-12G-17 Participating rural health care facility to be medical assistance provider
0.4K chars
Any rural health care facility participating in the program established pursuant to the provisions of §§ 34-12G-10 to 34-12G-17 , inclusive, shall agree to be a participating South Dakota medical assistance provider and to serve any person eligible under chapter 28-6 and may not …
SDCL § 34-12G-2 Eligible rural communities
1.0K chars
A rural community eligible to participate in the recruitment assistance program is any community in this state which: (1) Has a population of ten thousand persons or less; (2) Agrees to provide its portion of the incentive payment pursuant to the provisions of §§ 34-12G-1 to 34-1…
SDCL § 34-12G-3 Eligible health care professionals
2.5K chars
A physician is eligible to participate in the recruitment assistance program established pursuant to §§ 34-12G-1 to 34-12G-9 , inclusive, if the physician is licensed to practice medicine pursuant to chapter 36-4 and has completed an accredited residency program in family practic…
SDCL § 34-12G-4 Incentive payment
0.8K chars
A physician or dentist who fulfills the requirements of the recruitment assistance program established pursuant to §§ 34-12G-1 to 34-12G-9 , inclusive, is entitled to receive an incentive payment in an amount equal to twice the University of South Dakota School of Medicine reside…
SDCL § 34-12G-5 Rural community agreement for payment of recruitment assistance
1.5K chars
Any agreement for the payment of recruitment assistance pursuant to §§ 34-12G-1 to 34-12G-9 , inclusive, shall obligate the rural community to be served by a physician, dentist, physician assistant, certified nurse practitioner, or certified nurse midwife to provide a portion of …
SDCL § 34-12G-6 Appropriation of funds
0.2K chars
Any municipality or county may appropriate funds for the purpose of carrying out the provisions of §§ 34-12G-1 to 34-12G-9 , inclusive. Source: SL 2012, ch 179 , § 6.
SDCL § 34-12G-7 Agreement to be approved by secretary of health
0.3K chars
No recruitment assistance agreement entered into pursuant to the provisions of §§ 34-12G-1 to 34-12G-9 , inclusive, is effective until it is filed with and approved by the secretary of health. The secretary may prescribe the format of the agreements and procedures for approval. S…
SDCL § 34-12G-8 Restrictions on participation
0.4K chars
No person may participate in the program established pursuant to the provisions of §§ 34-12G-1 to 34-12G-9 , inclusive, if the person has previously participated in such program, or any other state or federal scholarship, loan repayment, or tuition reimbursement program which obl…
SDCL § 34-12G-9 Program participant to be medical assistance provider
0.4K chars
Any person participating in the program established pursuant to the provisions of §§ 34-12G-1 to 34-12G-9 , inclusive, shall agree to be a participating South Dakota medical assistance provider and to serve any individual eligible under chapter 28-6 and may not refuse treatment t…
SDCL § 34-12H-1 Definitions
2.2K chars
Terms used in this chapter mean: (1) "Advance health care directive," a durable power of attorney executed under §§ 59-7-2.1 to 59-7-2.4 , inclusive, a living will executed under chapter 34-12D , or an EMS cardiopulmonary resuscitation directive executed pursuant to chapter 34-12…
SDCL § 34-12H-10 Refusal of health care provider to comply with MOST
0.3K chars
A health care provider who refuses to comply with the provisions of a duly executed MOST shall: (1) Not prevent the transfer of the patient to another health care provider who is willing to comply with the MOST; and (2) Continue providing care for the patient until the transfer i…
SDCL § 34-12H-11 Execution or revocation of MOST may not be condition for providing health care
0.2K chars
A health care provider may not require or prohibit the execution or revocation of a MOST as a condition for providing health care. Source: SL 2019, ch 146 , § 11.