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South Dakota Medical Aid in Dying Initiative (2018)

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South Dakota Medical Aid in Dying Initiative
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Election date
November 6, 2018
Topic
Assisted death
Status
Not on the ballot
Type
State statute
Origin
Citizens


The South Dakota Medical Aid in Dying Initiative was not put on the ballot in South Dakota as an initiated state statute on November 6, 2018.

The measure would have allowed patients with a terminal disease to obtain lethal medication through a prescription from a state-licensed physician. The initiative was designed to prohibit anyone but the patient from administering the medication and to require two verbal requests―separated by 15 days—and a written request to obtain the prescription.[1]

Text of measure

Ballot title

The ballot title was as follows:[1]

An initiated measure authorizing a South Dakota-licensed physician to prescribe drugs that a terminally ill patient may take for the purpose of ending life.[2]

Ballot summary

The ballot summary was as follows:[1]

This measure authorizes a State-licensed physician, if requested by an adult patient diagnosed with a terminal disease, to prescribe life-ending drugs for the patient. The measure allows only the patient to self-administer the prescribed life-ending drugs. A "terminal disease" is incurable, irreversible, and expected to produce death within six months. The patient must be a South Dakota resident, as defined by the measure.

The patient must orally make the request to his or her attending physician, followed by another oral request after a fifteen-day period. The patient must also make a written request witnessed by two people. The patient may rescind the requests at any time.

Before prescribing the drugs, the attending physician must determine the patient is mentally competent and is making an informed and voluntary decision. The physician must also advise the patient of certain information, including medical diagnosis, prognosis, and alternatives such as comfort care, hospice care, and pain control. A second physician must confirm the diagnosis and consult with the patient to verify the patient's decision.

Individuals acting in good faith under this measure will not face civil or criminal liability or professional disciplinary action. The measure does not mandate participation by healthcare providers.[2]

Full text

The full text is available here.

Support

Supporters

Angelica Albonico sponsored this initiative.[3]

Opposition

Opponents

  • South Dakota Right to Life[3]

Path to the ballot

See also: Laws governing the initiative process in South Dakota

In South Dakota, supporters must send proposed initiatives to the South Dakota Legislative Research Council (LRC) for review. Proponents then send the proposal to the attorney general's office to have a ballot title and summary drafted. This information is forwarded to the secretary of state. Supporters can start a signature drive as early as two years before the targeted election, and signatures must be submitted at least one year before the targeted election. Signature requirements in South Dakota are based on the total number of votes cast in the state's most recent gubernatorial election. A number of signatures equal to 5 percent of this total is necessary for qualifying initiatives for the 2018 ballot.

The South Dakota Legislative Research Council provided revisions for the first draft of the initiative on November 2, 2016.[4] The attorney general's office provided a ballot title and summary for the initiative on December 20, 2016.[1] Supporters needed to collect and submit at least 13,871 valid signatures by November 6, 2017, in order to qualify the initiative for the 2018 ballot. Since they did not submit signatures to the attorney general's office, the measure was not put on the ballot.

See also

Footnotes