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FAQ
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Persons authorized to make health care decisions must follow any expressed wishes of the incapacitated person. They must also act in good faith and cannot arbitrarily refuse consent. They are also required to consider the recommendation of the attending physician.
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The legal age of consent varies slightly between states, and is 16 in South Dakota. Therefore, if a 15-year-old girl voluntarily engages in sexual intercourse with her 19-year-old boyfriend, then the boyfriend can be charged with statutory rape in South Dakota.
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Any person authorized to make a health care decision for an incapacitated person shall be guided by the express wishes of the incapacitated person, if known, and shall otherwise act in good faith, in the incapacitated person's best interest, and may not arbitrarily refuse consent.
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As the primary purpose of a medical record authorization is to protect the patient's privacy and you against any litigation, any medical record that you accept or have your patient sign must contain the necessary parts that can hold up in court.
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A meaningful description of the information to be disclosed. The name of the individual or the name of the person authorized to make the requested disclosure. The name or other identification of the recipient of the information.
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House Bill 1287 defines consent as "a person's positive cooperation in act or attitude pursuant to the person's exercise of free will."
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No person fifteen years of age or older may knowingly engage in sexual contact with another person other than his or her spouse who, although capable of consenting, has not consented to such contact. A violation of this section is a Class 1 misdemeanor.
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By setting up a Release Authorization (ARI), you are giving customer service your permission to disclose information about your accounts to another person. Typically, this is used to give account access to a spouse or other family member.
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