South Dakota § 59-7-8 - Immunity.
Full text of South Dakota South Dakota Codified Laws § 59-7-8 — Immunity., with citation guidance and answers to common questions.
§ 59-7-8. Immunity.
A physician or other health care provider as defined in subdivision 34-12C-1(5) acting in reliance on a health care decision by an attorney-in-fact or agent whom the physician or health care provider believes in good faith is authorized by this chapter to make a health care decision for the principal or a physician or other health care provider declining to act in reliance on a health care decision by an attorney-in-fact or agent whom the physician or health care provider believes in good faith is not authorized by this chapter to make a health care decision for the principal is not subject to criminal prosecution, civil liability, or professional disciplinary action on the ground that the attorney-in-fact or agent either had or did not have authority to make a health care decision or for disclosing to the attorney-in-fact or agent medical records or other information.
A physician or other health care provider who in good faith believes that the principal has or does not have decisional capacity under § 59-7-2.6 is not subject to criminal prosecution, civil liability, or professional disciplinary action for making that determination.
A physician or other health care provider who in good faith makes a determination in a writing or other record that a principal is incapacitated as defined in § 59-12-1 is not subject to criminal prosecution, civil liability, or professional disciplinary action for making that determination.
An attorney, judge, or governmental official who in good faith makes a determination in a writing or other record that a principal is incapacitated within the meaning of § 59-12-1 is not subject to criminal prosecution, civil liability, or professional disciplinary action for making that determination.
Source: SL 1992, ch 359; SL 2007, ch 296, § 3; SL 2020, ch 214, § 51.
Frequently Asked Questions About South Dakota § 59-7-8
What does South Dakota Codified Laws § 59-7-8 cover?
Section 59-7-8 ("Immunity.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 59-7-8?
A common citation format is "South Dakota Codified Laws § 59-7-8" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 59-7-8 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.