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2022 South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 12H - Advance Care Planning For Patient With Terminal Condition
Section 34-12H-12 - Immunity of health care provider.
Universal Citation: SD Codified L § 34-12H-12 (2022)
34-12H-12. Immunity of health care provider.
A health care provider acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider is not subject to civil or criminal liability or to discipline for unprofessional conduct for:
(1)Complying with a MOST and assuming that it was valid when made and has not been revoked;
(2)Not complying with a MOST when it appears it was revoked or invalid when made;
(3)Not complying with a MOST due to the health care provider's beliefs as a matter of conscience; or
(4)The good faith belief that the patient has or lacks decision-making capacity.
Source: SL 2019, ch 146, ยง12.
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