Section 27A-12-3.11 - Emergency surgery or treatment--Documentation of necessity--Incapacitated patients.
27A-12-3.11. Emergency surgery or treatment--Documentation of necessity--Incapacitated patients. Surgery and any other medical procedures may be performed without the patient's consent or court order if the life of the recipient is threatened and there is not time to obtain consent or a court order or if the patient is incapacitated as defined in § 34-12C-1 and consent is obtained pursuant to chapter 34-12C. Documentation of the necessity for the medical procedure shall be entered into the patient's record as soon as practicable. Nonemergency surgery or other medical procedures may be performed with the patient's consent, or if incapacitated, by a substitute informed consent pursuant to chapter 34-12C.
Source: SL 1975, ch 181, § 21; SDCL Supp, § 27-7-57; SL 1991, ch 220, § 194; SDCL, § 27A-12-19; SL 1996, ch 183.