reglab/housing_qa huggingface dataset:
SD Codified L § 36-4-32 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-32 - Suspension of license, resident license, or certificate for mental incompetence.

36-4-32. Suspension of license, resident license, or certificate for mental incompetence.In case any person holding a license, resident license, or certificate to practice allopathic or osteopathic medicine, surgery and obstetrics shall by any final order or adjudication of any court of competent jurisdiction be adjudged to be mentally incompetent or insane, the license, resident license, or certificate shall be suspended by the board after proceedings in compliance with chapter 1-26, and anything in this chapter to the contrary notwithstanding, such suspension shall continue until the licensee, resident licensee, or certificate holder is found or adjudged by such court to be restored to reason or until the holder of the license, resident license, or certificate is duly discharged as restored to reason in any other manner provided by law and has appeared before the board at a regular or special meeting of the board to apply for such reinstatement. The board may establish such probationary conditions as it deems necessary for the best interests of licensee, resident licensee, or certificate holder. Source: SL 1957, ch 116; SDC Supp 1960, §27.0311 (14); SL 1963, ch 151; SDC Supp 1960, §27.0311 (13) as enacted by SL 1969, ch 105, §4; revised pursuant to SL 1972, ch 15, §4; SL 2009, ch 178, §15; SL 2013, ch 172, §16.
SD Codified L § 36-4-33 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-33 - Appeal from acts, rulings or decisions of Board of Examiners.

36-4-33. Appeal from acts, rulings or decisions of Board of Examiners.Any party feeling aggrieved by any acts, rulings, or decisions of the Board of Examiners acting pursuant to §36-4-31, shall have the right to appeal the same under the provisions of chapter 1-26. Source: SDC 1939, §§27.0114, 27.0306; SL 1949, ch 106, §9; SL 1957, ch 116; SDC Supp 1960, §27.0310; SL 1969, ch 105, §3; revised pursuant to SL 1972, ch 15, §4.
SD Codified L § 36-4-34 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-34 - Injunction to restrain practice for statutory violation, unprofessional conduct, or incompetence--Election of remedies.

36-4-34. Injunction to restrain practice for statutory violation, unprofessional conduct, or incompetence--Election of remedies.If it appears from evidence satisfactory to the Board of Examiners that any person has violated the provisions of this chapter or that any licensee, resident licensee, or certificate holder under this chapter has been guilty of unprofessional or dishonorable conduct or is incompetent, the board may apply for an injunction in any court of competent jurisdiction to restrain the person or licensee, resident licensee, or certificate holder from continuing to practice allopathic or osteopathic medicine, surgery, or obstetrics in any of their branches in this state. Application for an injunction is an alternate to criminal proceedings, and the commencement of one proceeding by the board constitutes an election. Source: SL 1957, ch 116; SDC Supp 1960, §27.0311 (15); SDC Supp 1960, §27.0316A as enacted by SL 1969, ch 105, §9; revised pursuant to SL 1972, ch 15, §4; SL 2005, ch 199, §4; SL 2009, ch 178, §16; SL 2013, ch 172, §17.
SD Codified L § 36-4-35 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-35 - Promulgation of rules by board.

36-4-35. Promulgation of rules by board.The Board of Examiners shall promulgate rules pursuant to chapter 1-26 pertaining to: licensure, fees, and inspections. Source: SL 1949, ch 106, §1; SDC Supp 1960, §27.0301; SL 1969, ch 105, §1; revised pursuant to SL 1972, ch 15, §4; SL 1986, ch 302, §54.
SD Codified L § 36-4-36 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-36 - Previously licensed physicians not affected.

36-4-36. Previously licensed physicians not affected.Nothing in this chapter shall in any way prohibit, interfere with or affect whatsoever in any way physicians and surgeons, osteopathic physicians and osteopaths licensed prior to July 1, 1949, from practicing their respective professions in all of the branches that their respective licenses permitted at the time said licenses were granted. Source: SL 1949, ch 106, §4; SDC Supp 1960, §27.0304.
SD Codified L § 36-4-37 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-37 - Transfer of active patient records--Destruction--Notice.

36-4-37. Transfer of active patient records--Destruction--Notice.Active patient records controlled by a physician licensed pursuant to this chapter or by his estate may not be transferred to any person not licensed under this chapter unless the records are transferred to the patient or the patient's personal representative or designee, the patient's parent in the case of a minor, a health care facility licensed under chapter 34-12 or a corporation organized for the purpose of owning and operating a health care clinic. If active patient records cannot be so transferred, they shall be retained by the physician or estate in possession of them or destroyed. Prior to any transfer or destruction of active patient records, reasonable notice of at least thirty days shall be given by mail to the patient, the patient's parent in the case of a minor or the patient's personal representative at his last known address stating the proposed disposition of the records and giving a deadline prior to which the records may be claimed. Source: SL 1992, ch 265, §1.
SD Codified L § 36-4-38 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-38 - Destruction of inactive patient records.

36-4-38. Destruction of inactive patient records.Nothing in §36-4-37 prevents a physician licensed pursuant to this chapter from destroying patient records which have become inactive or for which the whereabouts of the patient is no longer known to the physician. Source: SL 1992, ch 265, §2.
SD Codified L § 36-4-39 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-39 - Physicians licensed in other jurisdictions permitted to provide certain services without state license.

36-4-39. Physicians licensed in other jurisdictions permitted to provide certain services without state license.Notwithstanding anything in this chapter to the contrary, a physician who holds a permanent, unrestricted license to practice medicine or osteopathy in any other state, in a territory of the United States, in the District of Columbia, or in a Province of Canada is not required to obtain a license from the Board of Examiners prior to:(1)Participating as a member of a team engaged in the harvesting of an organ;(2)Providing services on board an air ambulance as part of a treatment team;(3)Providing one time consultation or teaching assistance for no more than twenty-four hours; (4)Providing consultation or teaching assistance previously approved by the Board of Examiners, for charitable organizations; or(5)Providing, subject to the terms of an employment contract or verbal agreement, medical care to an individual athlete, to members of an athletic team, or to any person authorized to accompany an athlete or an athletic team for the purposes of providing services related to the athletic activity. The exception authorized in this subdivision does not extend to the provision of medical services by the physician at a health care facility. Source: SL 1992, ch 266, §1; SL 2019, ch 168, §1.
SD Codified L § 36-4-40 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-40 - Supervision and discipline of holder of permanent, unrestricted license to practice medicine or osteopathy.

36-4-40. Supervision and discipline of holder of permanent, unrestricted license to practice medicine or osteopathy.Any physician practicing medicine or osteopathy under the circumstances permitted by §36-4-39 shall be subject to supervision and discipline by the Board of Medical and Osteopathic Examiners under this chapter in the same manner as any other licensee under this chapter and practice by a nonresident physician under the terms of §36-4-39 is considered to constitute submission by such physician to jurisdiction by the board. Source: SL 1992, ch 266, §2.
SD Codified L § 36-4-41 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-41 - Practice of medicine or osteopathy in South Dakota while located outside of state.

36-4-41. Practice of medicine or osteopathy in South Dakota while located outside of state.Any nonresident physician or osteopath who, while located outside this state, provides diagnostic or treatment services through electronic means to a patient located in this state under a contract with a health care provider licensed under Title 36, a clinic located in this state that provides health services, a health maintenance organization, a preferred provider organization, or a health care facility licensed under chapter 34-12, is engaged in the practice of medicine or osteopathy in this state. Consultation between a nonresident physician or osteopath and a licensee under this chapter is governed by §36-2-9. Source: SL 1995, ch 212; SL 2002, ch 175, §2.
SD Codified L § 36-4-42 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-42 - Peer review committee defined.

36-4-42. Peer review committee defined.For the purposes of §§36-4-25, 36-4-26.1 and 36-4-43, a peer review committee is one or more persons acting as any committee of a state or local professional association or society, any committee of a licensed health care facility or the medical staff of a licensed health care facility, or any committee comprised of physicians within a medical care foundation, health maintenance organization, preferred provider organization, independent practice association, group medical practice, provider sponsored organization, or any other organization of physicians formed pursuant to state or federal law, that engages in peer review activity. For the purposes of this section, a peer review committee is also one or more persons acting as an administrative or medical committee, department, section, board of directors, shareholder or corporate member, or audit group, including the medical audit committee, of a licensed health care facility. Source: SL 1998, ch 172, §1.
SD Codified L § 36-4-43 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-43 - Peer review activities defined.

36-4-43. Peer review activities defined.For the purposes of §§36-4-25, 36-4-26.1 and 36-4-42, peer review activity is the procedure by which peer review committees monitor, evaluate, and recommend actions to improve the delivery and quality of services within their respective facilities, agencies, and professions, including recommendations, consideration of recommendations, actions with regard to recommendations, and implementation of actions. Peer review activity and acts or proceedings undertaken or performed within the scope of the functions of a peer review committee include:(1)Matters affecting membership of a health professional on the staff of a health care facility or agency;(2)The grant, delineation, renewal, denial, modification, limitation, or suspension of clinical privileges to provide health care services at a licensed health care facility;(3)Matters affecting employment and terms of employment of a health professional by a health maintenance organization, preferred provider organization, independent practice association, or any other organization of physicians formed pursuant to state or federal law;(4)Matters affecting the membership and terms of membership in a health professional association, including decisions to suspend membership privileges, expel from membership, reprimand, or censure a member, or other disciplinary actions;(5)Review and evaluation of qualifications, competency, character, experience, activities, conduct, or performance of any health professional, including the medical residents of health care facility; and(6)Review of the quality, type, or necessity of services provided by one or more health professionals or medical residents, individually or as a statistically significant group, or both. Source: SL 1998, ch 172, §2.
SD Codified L § 36-4-45 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-45 - Use of general funds to support Interstate Medical Licensure Compact prohibited.

36-4-45. Use of general funds to support Interstate Medical Licensure Compact prohibited.No state general funds shall be used to support the Interstate Medical Licensure Compact. Source: SL 2015, ch 198, §2.
SD Codified L § 36-4-46 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-46 - Practice of certified professional midwife.

36-4-46. Practice of certified professional midwife.Nothing in this chapter restricts the right of a certified professional midwife to practice in accordance with chapter 36-9C. Source: SL 2017, ch 172, §36.
SD Codified L § 36-4A-1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04A - Physician Assistants|Section 36-4A-1 - Definition of terms.

36-4A-1. Definition of terms.Terms as used in this chapter mean:(1)"Board," the State Board of Medical and Osteopathic Examiners;(2)"Physician assistant," a health professional who meets the qualifications defined in this chapter and is licensed by the board;(3)"Supervising physician," a doctor of medicine or doctor of osteopathy licensed by the board who supervises a physician assistant;(4)"Supervision," the act of overseeing the activities of, and accepting responsibility for, the medical services rendered by a physician assistant. Source: SL 1973, ch 250, §2; SL 1982, ch 273, §1; SL 1999, ch 192, §§1, 6; SL 2007, ch 207, §1.
SD Codified L § 36-4A-1.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04A - Physician Assistants|Section 36-4A-1.1 - Practice agreement defined.

36-4A-1.1. Practice agreement defined.The term, practice agreement, as used in this chapter, means a written agreement authored and signed by the physician assistant and the supervising physician. The practice agreement shall prescribe the delegated activities which the physician assistant may perform, consistent with §36-4A-26.1 and contain such other information as required by the board to describe the physician assistant's level of competence and the supervision provided by the physician. A signed copy of the practice agreement shall be kept on file at the physician assistant's primary practice site and be filed with and approved by the board prior to beginning practice. No physician assistant may practice without an approved practice agreement. Source: SL 2007, ch 207, §9.
SD Codified L § 36-4A-3.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04A - Physician Assistants|Section 36-4A-3.1 - Physician assistant advisory committee--Appointment--Terms--Duties.

36-4A-3.1. Physician assistant advisory committee--Appointment--Terms--Duties.The board shall appoint a physician assistant advisory committee composed of three physician assistants. Each committee member shall serve a term of three years. No committee member may be appointed to more than three consecutive full terms. If a vacancy occurs, the board shall appoint a person to fill the unexpired term. The appointment of a member to an unexpired term is not considered a full term. The committee shall meet at least annually or as necessary to conduct business. The committee shall assist the board in the regulation of physician assistants pursuant to this chapter. The committee shall also make recommendations to the board regarding rules promulgated pursuant to this chapter. The committee shall meet the requirements of chapter 1-25 regarding open meetings. Source: SL 1999, ch 192, §5; SL 2005, ch 199, §5; SL 2007, ch 207, §2; SL 2020, ch 167, § 1.
SD Codified L § 36-4A-4 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04A - Physician Assistants|Section 36-4A-4 - Unlawful practice as misdemeanor--Each violation as separate offense.

36-4A-4. Unlawful practice as misdemeanor--Each violation as separate offense.Except as provided in §§36-4A-5 and 36-4A-6, any person who practices as a physician assistant in this state without a license issued by the board and a practice agreement approved by the board is guilty of a Class 1 misdemeanor. Each violation shall be considered a separate offense. Source: SL 1973, ch 250, §§19, 20; SL 1977, ch 190, §145; SL 1999, ch 192, §6; SL 2007, ch 207, §3.
SD Codified L § 36-4A-5 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04A - Physician Assistants|Section 36-4A-5 - Student activities not limited.

36-4A-5. Student activities not limited.Nothing in this chapter limits the activities and services of a physician assistant in pursuing an approved course of study at an accredited physician assistant program. Source: SL 1973, ch 250, §21 (1); SL 1999, ch 192, §6; SL 2007, ch 207, §4.
SD Codified L § 36-4A-6 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04A - Physician Assistants|Section 36-4A-6 - Federal employees' activities not limited--Christian Scientists.

36-4A-6. Federal employees' activities not limited--Christian Scientists.Nothing in this chapter limits the activities of a physician assistant employed by the federal government in the performance of their duties, nor to the Christian Scientists as such who do not practice medicine, surgery, or obstetrics by the use of any material remedies or agencies. Any physician assistant who is employed by the federal government and practices outside of the federal system shall be licensed and abide by the terms of this chapter. Source: SL 1973, ch 250, §21 (2); SL 2007, ch 207, §5.
SD Codified L § 36-4A-8 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04A - Physician Assistants|Section 36-4A-8 - Issuance of license--Qualifications.

36-4A-8. Issuance of license--Qualifications.The board may grant a license to an applicant who:(1)Is of good moral character;(2)Has successfully completed an educational program for physician assistants accredited by the Accreditation Review Commission on Education for the Physician Assistant or its successor agency, or, prior to 2001, either by the Committee on Allied Health Education and Accreditation or the Commission on Accreditation of Allied Health Education Program;(3)Has passed the Physician Assistant National Certification Examination administered by the National Committee on Education for Physician Assistants; and(4)Has submitted verification that the physician assistant applicant is not subject to any disciplinary proceeding or pending complaint before any medical or other licensing board unless the board considers such proceedings or complaint and agrees to licensure. Source: SL 1973, ch 250, §12; SL 1982, ch 273, §2; SL 1999, ch 192, §2; SL 2007, ch 207, §6.
SD Codified L § 36-4A-8.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04A - Physician Assistants|Section 36-4A-8.1 - Temporary license--Expiration.

36-4A-8.1. Temporary license--Expiration.The board may issue a temporary license to an applicant who has successfully completed an approved program and has submitted evidence to the board that the applicant is a candidate accepted to write the examination required by §36-4A-8 or is awaiting the results of the first examination for which the applicant is eligible after graduation from an approved physician assistant program. A temporary license may be issued only once and is effective for a term of not more than one hundred twenty days. A temporary license expires on the occurrence of the following:(1)Issuance of a regular license;(2)Failure to pass the licensing examination; or(3)Expiration of the term for which the temporary license was issued. Source: SL 1991, ch 301, §1; SL 1999, ch 192, §6; SL 2007, ch 207, §7.
SD Codified L § 36-4A-8.2 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04A - Physician Assistants|Section 36-4A-8.2 - Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees.

36-4A-8.2. Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees.Each applicant for licensure as a physician assistant in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the board all information obtained as a result of the criminal background check. This information shall be obtained prior to permanent licensure of the applicant. The board may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the board. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation. Source: SL 2012, ch 193, §2.
SD Codified L § 36-4A-10 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04A - Physician Assistants|Section 36-4A-10 - Assistants practicing when chapter enacted.

36-4A-10. Assistants practicing when chapter enacted.The board may license, as a physician assistant in this state, those physician assistants practicing in this state on July 1, 1973. However, such physician assistants are subject to the provisions of this chapter in so far as the chapter provides for a revocation of licenses and the causes thereof. Source: SL 1973, ch 250, §14; SL 1999, ch 192, §6; SL 2007, ch 207, §8.
SD Codified L § 36-4A-20.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04A - Physician Assistants|Section 36-4A-20.1 - Practice agreement not to include abortion.

36-4A-20.1. Practice agreement not to include abortion.The board may not approve any practice agreement that includes abortion as a permitted procedure. Source: SL 2000, ch 189, §1.