S.D. Admin. R. 44:76:13:10

Current through Register Vol. 51, page 67, December 16, 2024

Section 44:76:13:10 - Advance Directive

The facility shall provide the patient or the patients representative, as appropriate, the following:

(1) Information on the facilitys policies on advance directives;

(2) A description of the applicable state health and safety laws; and

(3) State advance directive forms if requested by patients.

Include in the facility policies a clear and precise statement on limitations if the facility cannot implement an advance directive on the basis of conscience or any other specific reason that is permitted under state law. A blanket statement of refusal by the facility to comply with any patient advance directives is not permissible. However, if and to the extent permitted under state law, the facility may decline to implement elements of an advance directive on the basis of conscience or any other reason permitted under state law if it includes in the information concerning its advance directive policies a clear and precise statement of limitation. A statement of limitation shall:

(1) Clarify any differences between facility wide conscience objections and those that may be raised by individual facility staff;

(2) Identify the state legal authority permitting such objection; and

(3) Describe the range of medical conditions and procedures affected by the objection.

The facility shall document in a prominent part of the patients current medical record where it will be readily noticeable by any facility staff providing clinical services whether or not the patient has executed an advance directive.

If the patient with an advance directive is transferred from the facility to another healthcare facility, the facility shall ensure a copy of the patients advance directive is provided with the medical record when the patient is transferred. The facility shall provide education to its staff on the facilitys policies and procedures on advance directives.

S.D. Admin. R. 44:76:13:10

42 SDR 51, effective 10/13/2015

General Authority: SDCL 34-12-13.

Law Implemented: SDCL 34-12-13.