Section 34-12D-25 – Cause of action for compensatory and punitive damages for assisting suicide.
34-12D-25. Cause of action for compensatory and punitive damages for assisting suicide. 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 […]
Section 34-12D-26 – Attorney’s fees to plaintiff in assisted suicide action.
34-12D-26. Attorney’s fees to plaintiff in assisted suicide action. 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.
Section 34-12D-27 – Licensing board notified of assisted suicide violation.
34-12D-27. Licensing board notified of assisted suicide violation. 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 to an assessment of […]
Section 34-12D-28 – Revocation of license for assisted suicide violation.
34-12D-28. Revocation of license for assisted suicide violation. 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 court for violating […]
Section 34-12D-29 – Licensed health care professional defined.
34-12D-29. Licensed health care professional defined. 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 registered nurse anesthetist, dentist, or pharmacist licensed pursuant to Title 36. Source: SDCL §22-16-37.7; SL 2005, […]
Section 34-12D-15 – Withdrawal or withholding of treatment–Effect upon life insurance or annuity.
34-12D-15. Withdrawal or withholding of treatment–Effect upon life insurance or annuity. 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 […]
Section 34-12D-16 – Insurer or health-care provider may not prohibit or require declaration.
34-12D-16. Insurer or health-care provider may not prohibit or require declaration. 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.
Section 34-12D-17 – Revocation of or failure to execute declaration–No presumption created concerning intent.
34-12D-17. Revocation of or failure to execute declaration–No presumption created concerning intent. 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, […]
Section 34-12D-18 – Patients able to make decisions regarding medical care–Effect upon rights.
34-12D-18. Patients able to make decisions regarding medical care–Effect upon rights. 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 […]
Section 34-12D-19 – Health care provider not required to deviate from accepted medical standards.
34-12D-19. Health care provider not required to deviate from accepted medical standards. 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.