reglab/housing_qa huggingface dataset:
SD Codified L § 36-2-19 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 02 - Practitioners Of Healing Arts In General|Section 36-2-19 - Practitioner prohibited from referring patient to certain unaffiliated health care facilities.

36-2-19. Practitioner prohibited from referring patient to certain unaffiliated health care facilities.It is unprofessional for a practitioner of the healing arts to refer a patient to an unaffiliated health care facility in which the practitioner, the practitioner's immediate family, or a corporation or limited liability company owned in whole or in part by the practitioner has a substantial financial interest without disclosing the general nature of this interest to the patient, the patient's parent or guardian, at the time of the referral. As used in this section, a substantial financial interest is an ownership interest of twenty-five percent or more, a direct creditor's interest in twenty-five percent or more of the facility's debt, or a direct lessor's interest in twenty-five percent of more of a lease to the facility. Immediate family means the spouse and children of the practitioner. Such conduct constitutes grounds for discipline by the practitioner's appropriate licensing board. Source: SL 1994, ch 290, §2.
SD Codified L § 36-2-20 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 02 - Practitioners Of Healing Arts In General|Section 36-2-20 - Assistance in birth if occurs other than in hospital or medical clinic.

36-2-20. Assistance in birth if occurs other than in hospital or medical clinic.Nothing in this title limits the right of any member of the parent's family to assist in the birth of that parent's child if the birth does not occur in a hospital or medical clinic. Source: SL 1998, ch 222, §1.
SD Codified L § 36-2-21 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 02 - Practitioners Of Healing Arts In General|Section 36-2-21 - Department authorized to process waiver requests for international medical graduates.

36-2-21. Department authorized to process waiver requests for international medical graduates.The Department of Health may establish a program for processing waiver requests for international medical graduates. Source: SL 2001, ch 198, §1.
SD Codified L § 36-2-22 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 02 - Practitioners Of Healing Arts In General|Section 36-2-22 - Department authorized to issue rules for processing waiver requests--Scope--Fee.

36-2-22. Department authorized to issue rules for processing waiver requests--Scope--Fee.The Department of Health may promulgate rules pursuant to chapter 1-26 to provide for the establishment and use of a program for processing waiver requests for international medical graduates pursuant to §36-2-21, including criteria, procedures, and forms necessary for processing waiver requests and to establish a fee not to exceed five hundred dollars for each waiver request processed. Source: SL 2001, ch 198, §2.
SD Codified L § 36-2A-1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 02A - Health Professionals Assistance Program|Section 36-2A-1 - Definitions.

36-2A-1. Definitions. Terms used in this chapter mean:(1)"Board," a licensing board authorized in title 36;(2)"Health professionals assistance program," or "program," a confidential program designed to monitor and manage the treatment and continuing care of a health professional who may be unable to practice with reasonable skill or safety, or whose practice poses a risk to the public, if the professional's mental health or substance use related issue or disorder is not appropriately managed;(3)"Impaired," the inability of a licensee to practice with reasonable skill or safety, or whose practice poses a risk to the public as a result of unmanaged or undermanaged mental health or substance use related issue or disorder;(4)"Program personnel," persons or entities providing services for or on behalf of a licensing board's health professionals assistance program. Source: SL 1996, ch 227, §1; SL 2013, ch 171, §1; SL 2021, ch 170, § 1.
SD Codified L § 36-2A-1.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 02A - Health Professionals Assistance Program|Section 36-2A-1.1 - Health professional assistance program--Relation to sanctions.

36-2A-1.1. Health professional assistance program--Relation to sanctions. A board may use the program as an alternative to, or in conjunction with, other sanctions that may be imposed by the board. Source: SL 2021, ch 170, § 2.
SD Codified L § 36-2A-2 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 02A - Health Professionals Assistance Program|Section 36-2A-2 - Health professional assistance program--Standards.

36-2A-2. Health professional assistance program--Standards. A board may conduct, or contract for services with an entity to conduct, a health professionals assistance program to protect the public from impaired persons regulated by the board. The program does not affect a board's authority to discipline violators of a board's practice act.A health professionals assistance program shall include the following standards:(1)Program personnel qualified to manage mental health and substance use related issues and disorders;(2)Admission criteria;(3)Criteria for denial of admission pursuant to § 36-2A-8;(4)Program participation components;(5)Termination criteria; and(6)Successful discharge criteria. Source: SL 1996, ch 227, §2; SL 2013, ch 171, §2; SL 2021, ch 170, § 3.
SD Codified L § 36-2A-6 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 02A - Health Professionals Assistance Program|Section 36-2A-6 - Application to program--Admission evaluation.

36-2A-6. Application to program--Admission evaluation. An applicant that meets admission criteria shall be allowed access to the program by self-referral, board referral, or referral from another person or agency. Program personnel shall advise the applicant of the program requirements and the implications of noncompliance and shall secure an agreement with the applicant that includes participation components before the applicant enters the program. An applicant who refuses to cooperate with the program admission process may be reported to the applicable board. Source: SL 1996, ch 227, §6; SL 2013, ch 171, §6; SL 2021, ch 170, § 7.
SD Codified L § 36-2A-7 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 02A - Health Professionals Assistance Program|Section 36-2A-7 - Eligibility.

36-2A-7. Eligibility. Admission to the program is available to any person who meets the admission criteria and:(1)Holds licensure as a health care professional in this state;(2)Is eligible for and in the process of applying for licensure as a health care professional in this state; or(3)Is enrolled as a student in a program leading to licensure as a health care professional. Source: SL 1996, ch 227, §7; SL 2013, ch 171, §7; SL 2021, ch 170, § 8.
SD Codified L § 36-2A-8 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 02A - Health Professionals Assistance Program|Section 36-2A-8 - Denial of admission.

36-2A-8. Denial of admission. Admission to the program may be denied if the applicant:(1)Is not eligible for licensure in this state;(2)Diverted controlled substances for other than personal use;(3)Creates too great a risk to the public by participating in the program as determined by program personnel; or(4)Has engaged in sexual misconduct that meets the criteria for denial of admission. Source: SL 1996, ch 227, §8; SL 2013, ch 171, §8; SL 2021, ch 170, § 9.
SD Codified L § 36-2A-9 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 02A - Health Professionals Assistance Program|Section 36-2A-9 - Participation components.

36-2A-9. Participation components. The program participation components may include requirements for treatment and continuing care, work-site monitoring, practice restrictions, random drug screening, support group participation, filing of reports, compliance documentation, and other requirements as necessary to manage mental health or substance use related issues or disorders and for successful completion of the program. Source: SL 1996, ch 227, §9; SL 2013, ch 171, §9; SL 2021, ch 170, § 10.
SD Codified L § 36-2A-12 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 02A - Health Professionals Assistance Program|Section 36-2A-12 - Confidentiality of participants' records.

36-2A-12. Confidentiality of participants' records. All records of program participants are confidential and are not subject to discovery or subpoena. Only authorized program personnel may have access to participant records unless the participant voluntarily provides for written release of the information. A board may only have access to records of participants who were referred by the board, who refused to cooperate with the program, or who have been terminated by the program. Source: SL 1996, ch 227, §12; SL 2013, ch 171, §12; SL 2021, ch 170, § 13.
SD Codified L § 36-2A-13 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 02A - Health Professionals Assistance Program|Section 36-2A-13 - Immunity for reports and actions related to duties.

36-2A-13. Immunity for reports and actions related to duties. Any person, agency, institution, facility, or organization making reports to the board or health professionals assistance program regarding an individual suspected of practicing while impaired or reports of a participant's progress or lack of progress in the program is immune from civil liability for submitting a report in good faith to the program. Members, agents, and staff of the board and program personnel acting in good faith are immune from civil liability for any actions related to their duties under this chapter. Source: SL 1996, ch 227, §13; SL 2013, ch 171, §13; SL 2021, ch 170, § 14.
SD Codified L § 36-2A-14 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 02A - Health Professionals Assistance Program|Section 36-2A-14 - Promulgation of rules.

36-2A-14. Promulgation of rules. Each board conducting a health professionals assistance program may promulgate rules, pursuant to chapter 1-26, pertaining to:(1)Program structure;(2)Admission criteria;(3)Criteria for denial of admission;(4)Required participation components;(5)Termination of participation and discharge criteria;(6)Confidentiality and retention of program records;(7)Program evaluation criteria; and(8)Participation fees. Source: SL 1996, ch 227, §14; SL 2013, ch 171, §14; SL 2021, ch 170, § 15.
SD Codified L § 36-2A-16 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 02A - Health Professionals Assistance Program|Section 36-2A-16 - Physician wellness program defined.

36-2A-16. Physician wellness program defined. The term, physician wellness program, as used in §§ 36-2A-16 to 36-2A-19, inclusive, means a program of evaluation, counseling, or other modality to address an issue related to career fatigue or wellness in a person licensed to practice medicine or osteopathy under chapter 36-4 or a physician assistant licensed under chapter 36-4A. The term does not include the provision of services intended to monitor for impairment. Source: SL 2021, ch 171, § 1.
SD Codified L § 36-2A-17 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 02A - Health Professionals Assistance Program|Section 36-2A-17 - Physician wellness program--Confidentiality--Exemption.

36-2A-17. Physician wellness program--Confidentiality--Exemption. Any record of a person's participation in a physician wellness program is confidential and not subject to discovery, subpoena, or a reporting requirement to the applicable board, unless the person voluntarily provides for written release of the information or the disclosure is required to meet the licensee's obligation to report a criminal charge or action, or unprofessional or dishonorable conduct, as defined in §§ 36-4-30, 36-4-30.1, and 36-4A-38. Source: SL 2021, ch 171, § 2.
SD Codified L § 36-2A-18 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 02A - Health Professionals Assistance Program|Section 36-2A-18 - Physician wellness program--Statewide association.

36-2A-18. Physician wellness program--Statewide association. Any statewide association, exempt from taxation under 26 U.S.C. § 501(c)(6) and that primarily represents health care professionals licensed to practice medicine or osteopathy under chapter 36-4, may establish a physician wellness program. Source: SL 2021, ch 171, § 3.
SD Codified L § 36-2A-19 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 02A - Health Professionals Assistance Program|Section 36-2A-19 - Physician wellness program--Civil liability.

36-2A-19. Physician wellness program--Civil liability. Any person, agency, institution, facility, or organization employed by, contracting with, or operating a physician wellness program, when acting in good faith, is immune from civil liability for any action related to their duties in connection with a physician wellness program. Source: SL 2021, ch 171, § 4.
SD Codified L § 36-4-1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-1 - Board of examiners--Appointment and terms of members--Vacancies.

36-4-1. Board of examiners--Appointment and terms of members--Vacancies.The State Board of Medical and Osteopathic Examiners, hereinafter called the Board of Examiners, consists of nine members to be appointed by the Governor for terms of three years. No member may serve more than three consecutive full terms. However, appointment to an unexpired term is not considered a full term for this purpose. Each member shall hold office until a successor is appointed and qualified. Any vacancy on the board shall be filled by appointment by the Governor. The board shall at all times include six doctors of medicine and one doctor of osteopathy. The Governor may stagger terms to enable the board to have different terms expire each year.The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment.Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire. Source: SL 1949, ch 106, §1; SDC Supp 1960, §27.0301; SL 1969, ch 105, §1; revised pursuant to SL 1973, ch 2, §58; SL 2005, ch 199, §1; SL 2012, ch 16, §15; SL 2013, ch 176, §9.
SD Codified L § 36-4-2 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-2 - Composition of board--Qualifications of members.

36-4-2. Composition of board--Qualifications of members.The Board of Examiners shall include six doctors of medicine holding a degree of M.D., and one doctor of osteopathy holding the degree of D.O. The members of the board shall be licensed in the State of South Dakota, and shall be skilled and capable physicians in good standing. Source: SL 1949, ch 106, §1; SDC Supp 1960, §27.0301; SL 1969, ch 105, §1; revised pursuant to SL 1973, ch 2, §58; SL 2005, ch 199, §2.
SD Codified L § 36-4-2.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-2.1 - Lay members of board--Appointment and term of office.

36-4-2.1. Lay members of board--Appointment and term of office.The membership of the Board of Examiners shall include two lay members who are users of the services regulated by the board. One lay member may be a nonphysician health care professional licensed by the board. The Governor shall appoint the lay members. The lay members shall have the same term of office as other members of the board. Source: SL 1973, ch 2, §58; SL 2005, ch 199, §3.
SD Codified L § 36-4-3 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-3 - Officers of board--Executive secretary--Seal.

36-4-3. Officers of board--Executive secretary--Seal.The Board of Medical and Osteopathic Examiners shall annually elect one of its number as president, one of its number as vice-president, and one of its number as secretary. The board may hire an executive secretary who shall have such duties as are provided by resolution of the Board of Examiners. The board shall adopt an official seal, which shall contain the words "South Dakota State Board of Medical and Osteopathic Examiners." Source: SL 1949, ch 106, §1; SDC Supp 1960, §27.0301; SL 1969, ch 105, §1; SL 1985, ch 297, §1.
SD Codified L § 36-4-4 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-4 - Meetings of board.

36-4-4. Meetings of board.The Board of Examiners shall hold two regular meetings each year at a time to be fixed by the board, but special meetings at such other times as necessary may be held. All meetings shall be held at such place within the state as the board shall determine. Source: SL 1949, ch 106, §1; SDC Supp 1960, §27.0301; SL 1969, ch 105, §1.
SD Codified L § 36-4-4.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-4.1 - Board continued within Department of Health--Records and reports.

36-4-4.1. Board continued within Department of Health--Records and reports.The Board of Medical and Osteopathic Examiners shall continue within the Department of Health, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information and reports in the form and at such times as required by the secretary of health, except that the board shall report at least annually. Source: SL 1973, ch 2, §56 (1); SL 1985, ch 297, §2; SL 2003, ch 272, §38.
SD Codified L § 36-4-5 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-5 - Compensation and expenses of board members--Fees held in special fund--Bond--Payments from fund.

36-4-5. Compensation and expenses of board members--Fees held in special fund--Bond--Payments from fund.Out of the funds coming into the possession of the Board of Examiners, the members thereof shall receive the compensation and reimbursement of expenses provided by law. All fees received by the board shall be held by the secretary, who shall give a bond in such sum, for the faithful performance of his duties, as the board may from time to time direct, as a special fund to be used for defraying the expenses of the board in carrying out the provisions of this chapter. Payment from said fund shall be made only upon written orders issued and signed by the president and secretary, or the board may, by resolution, authorize an executive secretary to do so, which authority if given shall be considered by the board in setting the sum of such executive secretary's bond. Source: SL 1949, ch 106, §1; SDC Supp 1960, §27.0301; SL 1969, ch 105, §1; SL 1973, ch 241, §1.
SD Codified L § 36-4-6 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-6 - Equipment, supplies, and services for board--Expenses restricted to revenue.

36-4-6. Equipment, supplies, and services for board--Expenses restricted to revenue.The Board of Examiners shall have the power to expend the necessary funds for its offices, furniture, fixtures, supplies, administrative and stenographic services. Administrative personnel having responsibility over funds of the Board of Examiners shall furnish a bond for the faithful performance of their duties in such sum as the board shall from time to time direct. No expenses shall be incurred by the board in excess of the revenue derived from such office. Source: SL 1949, ch 106, §1; SDC Supp 1960, §27.0301; SL 1969, ch 105, §1; SL 1973, ch 241, §2.
SD Codified L § 36-4-7 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-7 - Annual report to Governor.

36-4-7. Annual report to Governor.The Board of Examiners shall make an annual report to the Governor. Source: SL 1949, ch 106, §1; SDC Supp 1960, §27.0301; SL 1969, ch 105, §1; revised pursuant to SL 1971, ch 10.
SD Codified L § 36-4-8 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-8 - Practice of medicine without a license, certificate, or permit as misdemeanor.

36-4-8. Practice of medicine without a license, certificate, or permit as misdemeanor.Any person who practices medicine, osteopathy, or any of the branches thereof without a license, certificate, or permit issued by the board is guilty of a Class 1 misdemeanor. Source: SDC 1939, §27.9904; SL 1949, ch 106, §16; SDC Supp 1960, §27.9943; SL 1977, ch 190, §140; SL 1985, ch 297, §3; SL 2009, ch 178, §1.
SD Codified L § 36-4-8.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-8.1 - Corporation prohibited from practice of medicine or osteopathy.

36-4-8.1. Corporation prohibited from practice of medicine or osteopathy.Except as provided in chapter 47-11, it is the public policy of this state that a corporation may not practice medicine or osteopathy. A corporation is not engaged in the practice of medicine or osteopathy and is not in violation of §36-4-8 by entering into an employment agreement with a physician licensed pursuant to this chapter if the agreement or the relationship it creates does not:(1)In any manner, directly or indirectly, supplant, diminish or regulate the physician's independent judgment concerning the practice of medicine or the diagnosis and treatment of any patient;(2)Result in profit to the corporation from the practice of medicine itself, such as by the corporation charging a greater fee for the physician's services than that which he would otherwise reasonably charge as an independent practitioner, except that the corporation may make additional charges reasonably associated with the services rendered, such as facility, equipment or administrative charges; and(3)Remain effective for a period of more than three years, after which it may be renewed by both parties annually. Source: SL 1993, ch 271, §1.
SD Codified L § 36-4-8.2 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 04 - Physicians And Surgeons|Section 36-4-8.2 - Surgery constituting practice of medicine.

36-4-8.2. Surgery constituting practice of medicine.Surgery constituting the practice of medicine includes the use of a laser or ionizing radiation for the purpose of cutting or otherwise altering human tissue for diagnostic, palliative, or therapeutic purposes. Source: SL 1995, ch 209, §1.