South Dakota § 34-12C-1 - Definition of terms.

§ 34-12C-1. Definition of terms.

Terms used in this chapter mean:

(1)    "Attending physician," the physician who has primary responsibility for the treatment and care of the patient;

(2)    "Durable power of attorney for health care," an instrument executed pursuant to § 59-7-2.1 that authorizes its attorney in fact to make a health care decision or to consent to health care on behalf of its principal;

(3)    "Health care," any care, treatment, service, or procedure to maintain, diagnose, or treat a person's physical or mental condition. The term also includes admission to, and personal and custodial care provided by, a licensed health care facility as defined in § 34-12-1.1;

(4)    "Health care decision," the determination of the health care to be provided to a person;

(5)    "Health care provider," any licensed health care facility and any person, corporation, or organization licensed, certified, or otherwise authorized or permitted by law to administer health care, and any physician licensed pursuant to chapter 36-4;

(6)    "Incapacitated person," any person who is incapable of giving informed consent to health care;

(7)    "Person available to consent," any person who is authorized to make a health care decision for an incapacitated person and whose existence is known to the health care provider and who, in the good faith judgment of the health care provider, is reasonably available for consultation and is willing and competent to make an informed health care decision;

(8)    "Close friend," any adult who has provided significant care and exhibited concern for the patient, and has maintained regular contact with the patient so as to be familiar with the patient's activities, health, and religious or moral beliefs.

Source: SL 1990, ch 222, § 1; SL 2007, ch 192, § 1.