South Dakota Codified Laws 34-12H-1. Definitions
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 34-12F;
Terms Used In South Dakota Codified Laws 34-12H-1
- Fraud: Intentional deception resulting in injury to another.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(2) “Authorized representative,” a person authorized to make health care decisions for a patient pursuant to chapters 29A-5 or 34-12C or §§ 59-7-2.1 to 59-7-2.4, inclusive;
(3) “Decision-making capacity,” a patient’s ability to understand to a reasonable extent the nature of and the significant benefits, risks and alternatives to any proposed health care and to make and communicate, with reasonable accommodation when necessary, a decision regarding the health care;
(4) “Department,” the Department of Health;
(5) “Health care provider,” as defined in § 34-12D-1;
(6) “Informed consent,” consent voluntarily, knowingly, and competently given without any element of force, fraud, deceit, duress, threat, or other form of coercion after conscientious explanation of all information that a reasonable person would consider significant to the decision in a manner reasonably comprehensible to general lay understanding;
(7) “Life-sustaining treatment,” as defined in subdivision 34-12D-1(4);
(8) “Medical provider,” a physician, physician assistant or certified nurse practitioner designated by a patient or the patient’s authorized representative, to have responsibility for the patient’s health care;
(9) “Medical order for scope of treatment,” or “MOST,” a document, other than an advance health care directive, executed by a patient who has been diagnosed with a terminal condition, or the patient’s authorized representative, and the patient’s medical provider and entered in the patient’s medical record that provides direction to health care providers about the patient’s goals and preferences regarding the use of medical interventions, including cardiopulmonary resuscitation and other life-sustaining treatment;
(10) “Patient,” a person who has been diagnosed with a terminal condition;
(11) “Secretary,” the secretary of the Department of Health;
(12) “Terminal condition,” as defined in § 34-12D-1.
Source: SL 2019, ch 146, § 1.