South Dakota MOST Legislation
On March 27, 2019 Governor Noem signed into law Senate Bill 118 to establish certain provisions regarding advance care planning and to allow the execution of a medical order based on a standardized form which is transportable across all healthcare settings and in all facilities [codified as SDCL 34-12H]. Medical providers in South Dakota and their patients who have been diagnosed with a terminal illness will be able to translate their treatment goals and preferences into actionable medical orders, known as MOST. The purpose of the MOST order form is to ensure that all individuals who are facing a terminal condition have the opportunity to discuss their condition with their medical provider and to express their values and preferences for life-sustaining treatment documented in a medical order. South Dakota MOST does not replace an advance healthcare directive (durable power of attorney for healthcare or living will). Both documents work together in a patient-centered approach to honor the values, wishes and goals of each patient. (used with permission from South Dakota Association of Healthcare Organizations, found at https://sdaho.org/most/)
This presentation by LuAnn M. Eidsness, MD, FACP and Cameo C. Anders, JD, MA, will paint the landscape of the current South Dakota law regarding advance directives, discuss the legal and medical importance of MOST, including its ability to ‘override’ advance directives, and address how to use MOST together with advance directives in order to best safeguard our client’s wishes at the end of life.
About the Presenters:
LuAnn M. Eidsness, M.D., F.A.C.P, currently practices at Sanford Health, Hospice and Palliative Medicine and Select Specialty Hospital in Sioux Falls. Among other roles, she is also: a Clinical Ethicist and Board Member with the Sanford DeGroot Center; Chair and Professor for the Section of Ethics and Humanities with the USD, Sanford School of Medicine; Medical Director of Hospice and Palliative Medicine and Medical Director of Ethics for Sanford USDMC; Chair and Member of LifeCircle South Dakota, Partners Improving End of Life Care (and the parent group of the SD MOST legislation); and an Adjunct Associate Professor of Religion, Philosophy & Classics, Department of Religion & Philosophy, Augustana College.
Dr. Eidsness received her degree in nursing from Augustana College and her medical degree from University of South Dakota, School of Medicine. She also holds a Masters in Selected Studies with an Emphasis in Ethics from Augustana. She is board certified with the American Board of Internal Medicine and the American Board of Hospice and Palliative Medicine and she holds a Hospice Medical Director Certification.
Dr. Eidsness is an avid biker, the non-motorized type, and enjoys sailing.
Cameo C. Anders, JD, MA is an attorney with Anders Law Office, Prof., LLC, licensed in the State of South Dakota, and practicing in Sioux Falls. She serves as: a Community Member on the Avera Ethics Committee; a Clinical Assistant Professor with the Section of Ethics and Humanities for USD, Sanford School of Medicine; an Adjunct Professor of Organizational Ethics for the Masters in Health Care Mission through the Aquinas Institute in St. Louis, MO; and an advisory board member of Life Circle, South Dakota, a statewide collaboration of institutions, organizations and people committed to improving end-of-life care.
Ms. Anders received her juris doctorate from Ave Maria School of Law, now located in Naples, FL. She holds a certificate in bioethics with distinction from the National Catholic Bioethics Center in Philadelphia, PA, and a Masters in Theology/Bioethics from Holy Apostles College and Seminary in Cromwell, CT.
Ms. Anders has lived, worked, and studied in Honduras, Italy, and Austria. She is the mother of four children and juggles her legal work with her role as a stay-at-home mom. Her bucket list includes visiting Machu Picchu, becoming a hyperpolyglot, and getting her children in bed by bedtime. She also enjoys kickboxing, rock climbing, reading contentious legal opinions, and drinking caramel coriander lattes made by the best barista in town.