§ 34-12D-1 Definition of terms
§ 34-12D-2 Declaration–Requirements as to execution
§ 34-12D-3 Declaration–Sample form
§ 34-12D-4 Multiple documents–Resolving conflicts–Participation by attorney in fact
§ 34-12D-5 When declaration becomes operative
§ 34-12D-6 Decisions regarding life-sustaining treatment–Rights of qualified patient
§ 34-12D-7 Entry of declaration into medical record
§ 34-12D-8 Revocation of declaration–Medical record to contain revocation
§ 34-12D-9 Providing for patient’s comfort and related needs–Responsibility of health care provider
§ 34-12D-10 Treatment of pregnant woman notwithstanding declaration
§ 34-12D-11 Withdrawal or withholding of life-sustaining treatment–Responsibilities of health care provider
§ 34-12D-12 Providing treatment, artificial nutrition, and hydration–Responsibilities of health care provider
§ 34-12D-13 Immunity from civil or criminal liability, and from professional discipline
§ 34-12D-14 Withdrawal or withholding of treatment neither suicide or homicide
§ 34-12D-15 Withdrawal or withholding of treatment–Effect upon life insurance or annuity
§ 34-12D-16 Insurer or health-care provider may not prohibit or require declaration
§ 34-12D-17 Revocation of or failure to execute declaration–No presumption created concerning intent
§ 34-12D-18 Patients able to make decisions regarding medical care–Effect upon rights
§ 34-12D-19 Health care provider not required to deviate from accepted medical standards
§ 34-12D-20 Mercy-killing, euthanasia, suicide, and assisted suicide not condoned
§ 34-12D-21 Assumption as to valid declaration permissible
§ 34-12D-22 Validity of declaration–Declarations executed prior to July 1, 1991
§ 34-12D-23 Health care professional–Knowledge and purpose required for conviction of aiding and abetting suicide
§ 34-12D-24 Standing to bring injunctive relief against person believed to be about to assist in suicide
§ 34-12D-25 Cause of action for compensatory and punitive damages for assisting suicide
§ 34-12D-26 Attorney’s fees to plaintiff in assisted suicide action
§ 34-12D-27 Licensing board notified of assisted suicide violation
§ 34-12D-28 Revocation of license for assisted suicide violation
§ 34-12D-29 Licensed health care professional defined

Terms Used In South Dakota Codified Laws > Title 34 > Chapter 12D

  • Adult: any person who is not a minor as defined in chapter 26-1. See South Dakota Codified Laws 2-14-2
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Attending physician: the physician who has primary responsibility for the treatment and care of the patient. See South Dakota Codified Laws 34-12D-1
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day: the period from midnight to midnight. See South Dakota Codified Laws 2-14-2
  • Declaration: a writing executed in accordance with the requirements of § . See South Dakota Codified Laws 34-12D-1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Health care provider: any licensed health care facility or any person, corporation, or organization licensed, certified, or otherwise authorized or permitted by law to administer health care. See South Dakota Codified Laws 34-12D-1
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Life-sustaining treatment: any medical procedure or intervention that, when administered to a patient, will serve only to postpone the moment of death or to maintain the patient in a condition of permanent unconsciousness. See South Dakota Codified Laws 34-12D-1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Person: an individual, corporation, business trust, estate, trust, limited liability company, partnership, association, joint venture, government, governmental subdivision, or agency, or any other legal or commercial entity. See South Dakota Codified Laws 34-12D-1
  • Physician: an individual licensed to practice medicine in this state. See South Dakota Codified Laws 34-12D-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • State: the State of South Dakota. See South Dakota Codified Laws 2-14-2
  • Terminal condition: an incurable and irreversible condition such that, in accordance with accepted medical standards, death is imminent if life-sustaining treatment is not administered, or a coma or other condition of permanent unconsciousness that, in accordance with accepted medical standards, will last indefinitely without significant improvement and in which the individual is unable to communicate verbally or nonverbally, demonstrates no purposeful movement or motor ability, and is unable to interact purposefully with environmental stimulation. See South Dakota Codified Laws 34-12D-1
  • Writing: and "written" include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2