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

§ 34-12D-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)    "Declaration," a writing executed in accordance with the requirements of § 34-12D-2;

(3)    "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;

(4)    "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. The term does not include the provision of appropriate care to maintain comfort, hygiene and human dignity, the oral administration of food and water, or the administration of any medication or other medical procedure deemed necessary to alleviate pain;

(5)    "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;

(6)    "Physician," an individual licensed to practice medicine in this state;

(7)    "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.

Source: SL 1991, ch 273, § 1; SL 1994, ch 351, § 57; SL 2007, ch 193, § 1.