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 ot 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.
South Dakota Legal Code