Document Type


Publication Date



terminally ill, south dakota, patient self-determination act (psda)

Extension Number

ExEx 14086


Consumer Sciences


The South Dakota Legislature passed a law in 1991 recognizing living will declarations. An individual who is of sound mind and is 18 or more years old may make a declaration (living will) that governs the withholding or withdrawing of life-sustaining treatment when he or she is terminally ill. A federal law, effective December 1, 1991, The Patient Self-Determination Act (PSDA), affects all health care facilities including hospitals, nursing homes, and hospices receiving Medicare or Medicaid. It stipulates that individuals must be given written information at the time of admission about their right under state law to accept or refuse medical treatment and the right to formulate advance directives such as a Living Will and a Durable Power of Attorney for Health Care. The facilities will be responsible for documenting in each individual's medical record whether he or she has executed such an advance directive.