S.D. Admin. R. 44:90:02:05

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

Section 44:90:02:05 - Patient designation of designated caregivers - Age-restricted cardholders - Person responsible for making medical decisions - Residents of health care facility or residential care facility

A qualifying patient may designate an eligible individual as a designated caregiver by submitting to the department:

(1) A completed designation on a form supplied by the department;

(2) The designated caregiver's sworn statement that the designated caregiver has not been convicted of a disqualifying felony offense; and

(3) Any additional fees pursuant to § 44:90:02:17.

An age-restricted cardholder shall designate at least one designated caregiver. If a practitioner has recommended that a patient younger than 18 years of age have multiple designated caregivers, the parents or legal guardians may designate other designated caregivers as advised by the practitioner.

The person responsible for making medical decisions for a qualifying patient 18 years of age or older, if qualified pursuant to SDCL 34-20G-1(10), shall be designated caregiver to the qualifying patient. If the practitioner has recommended that the patient have multiple designated caregivers, the person responsible for making medical decisions may designate other designated caregivers as advised by the practitioner.

The designation of an employee of a health care facility, treatment facility, as defined in SDCL 34-20A-2, a mental health center, as defined in SDCL 27A-1-1, a child welfare agency, as defined in SDCL 26-6-1, or a community support provider or community services provider, as defined in SDCL 27B-1-17 to act as a designated caregiver on the premises of the facility requires the signature of the facility director or designee.

The designation of a designated caregiver expires on the same date as the qualifying patient's registry identification card.

S.D. Admin. R. 44:90:02:05

48 SDR 040, effective 10/5/2021; 49 SDR 009, effective 8/8/2022

General Authority: SDCL 34-20G-72(4).

Law Implemented: SDCL 34-20G-1(10), 34-20G-2(2), 34-20G-29, 34-20G-30, 34- 20G-32, 34-20G-33, 34-20G-35, 34-20G-95.