South Dakota § 34-12F-9 - Parental notification required to withhold resuscitation--Records--Parental objection--Court action.

§ 34-12F-9. Parental notification required to withhold resuscitation--Records--Parental objection--Court action.

If a physician determines that a patient who is an unemancipated minor has a life-limiting illness, the physician may not institute an order to withhold resuscitation unless the physician has:

(1)    Informed at least one of the patient's parents or the patient's legal guardian of the intent to institute such an order; and

(2)    Made a reasonable attempt to inform the patient's other parent, if that parent's contact information is available or discernible, and if that parent has custodial or visitation rights.

The physician shall provide the information required by this section orally and in written form unless, using medical judgment, the physician determines that the urgency of the patient's condition requires reliance on only oral information.

The physician shall ensure that all communications made or attempted in accordance with this section are contemporaneously documented in the patient's medical record and that the record includes a listing of all participants in the communication, the date and time that communications or attempted communications occurred, and whether the information was provided orally or in written form. Copies of any written information provided must also be placed in the medical record.

Either of the patient's parents or the patient's legal guardian may object, orally or in written form, to the institution of an order to withhold resuscitation. The objection must be contemporaneously documented in the patient's medical record. An objection under this section precludes the physician from instituting an order to withhold resuscitation until the objection is withdrawn or a court permits institution of the order.

If the patient's parents are unable to agree on the institution of an order to withhold resuscitation, either parent may petition the circuit court of the county in which that parent resides or in which the patient is receiving treatment for an order enjoining a violation or a threatened violation of this section or to resolve a conflict. Pending a final determination, including any appeals, an order to withhold resuscitation may not be instituted.

Source: SL 2019, ch 145, § 1.