reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-20.8 - Term of resident license.

36-4-20.8. Term of resident license.
Any resident license is valid for a period not exceeding one year from the issue date. The resident license holder shall continue in good standing in an accredited residency program or the resident license is forfeit. No holder of a resident license may engage in providing medical services outside the established residency program until the holder has successfully completed one year of residency training.
Source:
SL 1987, ch 266, §3; SL 2013, ch 172, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-20.12 - Renewal of resident license.

36-4-20.12. Renewal of resident license.
Each person receiving a resident license under the provisions of this chapter shall apply, on a form prescribed by the board, for a renewal of the resident license.
Source:
SL 2009, ch 178, §5; SL 2013, ch 172, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-20.13 - Time for renewal.

36-4-20.13. Time for renewal.
Failure of a person to renew the resident license on or before June thirtieth of each year constitutes a forfeiture of the resident license held by the person. However, the resident license may be renewed at the discretion of the Board of Examiners upon making application on a form prescribed by the board.
Source:
SL 2009, ch 178, §6; SL 2013, ch 172, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-22.1 - Board access to premises where medicine practiced--Inspection of drug records and inventories--Refusal as misdemeanor--Confidentiality.

36-4-22.1. Board access to premises where medicine practiced--Inspection of drug records and inventories--Refusal as misdemeanor--Confidentiality.
The Board of Examiners, or any of its officers, agents or employees so authorized, may enter and inspect, during business hours, any place where medicine or osteopathy are practiced for the purpose of enforcing this chapter and rules adopted pursuant hereto. The refusal to allow an inspection is a Class 1 misdemeanor. Such inspection may include any medical or drug records, and the copying thereof, and inventories relating to drugs and controlled substances required to be kept under the provisions of chapter 34-20B. The Board of Examiners, its officers, agents and employees shall maintain the confidential nature of any records obtained pursuant to this section.
Source:
SL 1973, ch 241, §6; SL 1989, ch 319; SL 1992, ch 158, §70.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-22.2 - Report of facility suspending or revoking licensee's privilege to practice medicine therein--Immunity.

36-4-22.2. Report of facility suspending or revoking licensee's privilege to practice medicine therein--Immunity.
Every facility licensed by the state where medicine is practiced which suspends or revokes the privilege of a licensee of the Board of Medical and Osteopathic Examiners to practice medicine therein for incompetence or unprofessional conduct as defined in this chapter shall report it in writing to the board including the factual basis of such revocation or suspension. Any report made to the board pursuant to this section shall be confidential and subject to the same restrictions set forth in §36-4-31.5 as evidence taken by the board on cancellation, revocation, suspension or limitation proceedings. A licensed facility, complying in good faith with this section, may not be held liable for any injury or damage proximately resulting from such compliance.
Source:
SL 1985, ch 297, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-23 - Advertising and printed material to show type of practice for which licensed--Violation as misdemeanor.

36-4-23. Advertising and printed material to show type of practice for which licensed--Violation as misdemeanor.
No person practicing any of the healing arts shall use the title "doctor" or any contraction thereof, in connection with his business or profession, or any written or printed material, or in connection with any advertising, unless he add after his name the recognized abbreviation or specification of the branch of the healing art in which he is licensed to practice and is engaged. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1949, ch 106, §13; SDC Supp 1960, §27.0314; SL 1992, ch 158, §71.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-24.1 - Renewal of license--Form--Fee.

36-4-24.1. Renewal of license--Form--Fee.
Each person receiving a license under the provisions of this chapter shall apply, on a form approved by the Board of Medical and Osteopathic Examiners, for a renewal of the license. The renewal shall be issued by the secretary upon payment of a biennial fee set by the board, by rule promulgated pursuant to chapter 1-26, not exceeding the sum of four hundred dollars. The renewal shall be in the form of a receipt acknowledging payment of the required fee and signed by the secretary of the board.
Source:
SL 1953, ch 119; SDC Supp 1960, §27.0312; SL 1964, ch 84; SDCL §36-4-24; SDC Supp 1960, §27.0312A as enacted by SL 1969, ch 105, §8; SL 1973, ch 241, §13; SL 1977, ch 290; SL 1985, ch 297, §16; SL 1999, ch 190, §1; SL 2001, ch 199, §1; SL 2004, ch 242, §1; SL 2008, ch 191, §5; SL 2018, ch 227, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-24.2 - Forfeiture of license for failure to renew--Renewal on application.

36-4-24.2. Forfeiture of license for failure to renew--Renewal on application.
Failure of a person to renew his license on or before March first in the odd numbered years shall constitute a forfeiture of the license held by such person. However, such license may be renewed at the discretion of the Board of Medical and Osteopathic Examiners upon the payment of the fee provided in §36-4-19 for the issuance of licenses by reciprocity and upon making the application provided in §36-4-19.1 required for reciprocity.
Source:
SDC Supp 1960, §27.0312A as enacted by SL 1969, ch 105, §8; SL 1973, ch 241, §14; SL 1985, ch 297, §17; SL 1987, ch 29, §22; SL 2018, ch 227, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-24.3 - Practice without license, certificate, or permit and renewal prohibited--Violation as misdemeanor.

36-4-24.3. Practice without license, certificate, or permit and renewal prohibited--Violation as misdemeanor.
No person required to be licensed, certificated, or permitted under the provisions of this chapter shall practice the person's profession in the State of South Dakota without such active license, certificate, or permit and renewal pursuant to the provisions of this chapter except those specifically excepted from the provisions of this chapter. A violation of this section is a Class 1 misdemeanor.
Source:
SDC Supp 1960, §27.0312A as enacted by SL 1969, ch 105, §8; SL 1992, ch 158, §72; SL 2009, ch 178, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-25 - Immunity from liability for acts of members of professional committees or hospital officials.

36-4-25. Immunity from liability for acts of members of professional committees or hospital officials.
There is no monetary liability on the part of, and no cause of action for damages may arise against, any member of a duly appointed peer review committee engaging in peer review activity comprised of physicians licensed to practice medicine or osteopathy under this chapter, or against any duly appointed consultant to a peer review committee or to the medical staff or the governing board of a licensed health care facility for any act or proceeding undertaken or performed within the scope of the functions of the committee, if the committee member or consultant acts without malice, has made a reasonable effort to obtain the facts of the matter under consideration, and acts in reasonable belief that the action taken is warranted by those facts. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation.
Source:
SL 1966, ch 151; SL 1975, ch 231; SL 1985, ch 297, §22; SL 1998, ch 172, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-26 - Hospital and society liability not affected by immunity.

36-4-26. Hospital and society liability not affected by immunity.
Section 36-4-25 shall not be construed to confer immunity from liability on any professional society or hospital. In any case in which, but for the enactment of §36-4-25, a cause of action would arise against a hospital or professional society, such cause of action shall exist as if said section had not been enacted.
Source:
SL 1966, ch 151.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-26.1 - Proceedings of peer review committees confidential and privileged--Availability to physician subject of proceedings.

36-4-26.1. Proceedings of peer review committees confidential and privileged--Availability to physician subject of proceedings.
The proceedings, records, reports, statements, minutes, or any other data whatsoever, of any committee described in §36-4-42, relating to peer review activities defined in §36-4-43, are not subject to discovery or disclosure under chapter 15-6 or any other provision of law, and are not admissible as evidence in any action of any kind in any court or arbitration forum, except as hereinafter provided. No person in attendance at any meeting of any committee described in §36-4-42 is required to testify as to what transpired at such meeting. The prohibition relating to discovery of evidence does not apply to deny a physician access to or use of information upon which a decision regarding the person's staff privileges or employment was based. The prohibition relating to discovery of evidence does not apply to deny any person or the person's counsel in the defense of an action against that person access to the materials covered under this section.
Source:
SL 1977, ch 291; SL 1998, ch 172, §4; SL 2002, ch 176, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-26.2 - Patient records available to patient--Expert opinion as to care of patient--Restrictions on use of expert testimony.

36-4-26.2. Patient records available to patient--Expert opinion as to care of patient--Restrictions on use of expert testimony.
Section 36-4-26.1 does not apply to observations made at the time of treatment by a health care professional present during the patient's treatment or to patient records prepared during the treatment and care rendered to a patient who is personally or by personal representative a party to an action or proceeding, the subject matter of which is the care and treatment of the patient. Furthermore, no member of any committee, department, section, board of directors, or group covered by §36-4-26.1, who has participated in deliberations under that section involving the subject matter of the action, may testify as an expert witness for any party in any action for personal injury or wrongful death, the subject matter of which is the care and treatment of the patient. Notwithstanding membership on a committee, department, section, board of directors, or group covered by §36-4-26.1, a health care professional observing or participating in the patient's treatment and care may testify as a fact or expert witness concerning that treatment and care, but may not be required to testify as to anything protected by §36-4-26.1.
Source:
SL 1977, ch 291; SL 1998, ch 223, §1; SL 1999, ch 191, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-27 - Violation of chapter as misdemeanor.

36-4-27. Violation of chapter as misdemeanor.
Any person who falsely personates anyone licensed pursuant to this chapter is guilty of a Class 1 misdemeanor.
Source:
SL 1949, ch 106, §16; SDC Supp 1960, §27.9943; SL 1977, ch 190, §144; SL 1992, ch 158, §73.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-28 - Grounds for refusal of license, resident license, or certificate.

36-4-28. Grounds for refusal of license, resident license, or certificate.
The Board of Examiners may, in compliance with chapter 1-26, refuse to grant a license, resident license, or certificate under this chapter because of unprofessional, immoral, or dishonorable conduct on the part of the applicant.
Source:
SDC 1939, §27.0305; SL 1949, ch 106, §8; SDC Supp 1960, §27.0309; SL 2009, ch 178, §8; SL 2013, ch 172, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-29 - Grounds for cancellation, revocation, suspension or limitation of license, resident license, or certificate.

36-4-29. Grounds for cancellation, revocation, suspension or limitation of license, resident license, or certificate.
The Board of Examiners may cancel, revoke, suspend, or limit the license, resident license, or certificate of any physician or surgeon issued under this chapter upon satisfactory proof by a preponderance of the evidence in compliance with chapter 1-26 of such a licensee's, resident licensee's, or certificate holder's professional incompetence, or unprofessional or dishonorable conduct, or proof of a violation of this chapter in any respect. However, the board may not base a finding of unprofessional or dishonorable conduct solely on the basis that a licensee, resident licensee, or certificate holder practices chelation therapy.
For the purposes of this section, professional incompetence is a deviation from the statewide standard of competence, which is that minimum degree of skill and knowledge necessary for the performance of characteristic tasks of a physician or surgeon in at least a reasonably effective way.
Source:
SDC 1939, §27.0306; SL 1949, ch 106, §9; SL 1957, ch 116; SDC Supp 1960, §27.0310; SL 1969, ch 105, §3; SL 1985, ch 297, §18; SL 1992, ch 265, §3; SL 1993, ch 272; SL 2004, ch 243, §1; SL 2009, ch 178, §9; SL 2013, ch 172, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-29.1 - Summary suspension of license, resident license, or certificate--Hearing.

36-4-29.1. Summary suspension of license, resident license, or certificate--Hearing.
If the Board of Examiners finds that public health, safety, or welfare imperatively require emergency action, and incorporates a finding to that effect in its order, or has information filed with the board that a holder of a license, resident license, or certificate improperly obtained a license, resident license, or certificate from the board, summary suspension of a license, resident license, or certificate may be ordered pending final action by the Board of Examiners. The Board of Examiners shall convene a hearing which shall be promptly instituted and determined and take action as provided in §36-4-29.
Source:
SL 1983, ch 267; SL 1985, ch 297, §19; SL 2009, ch 178, §10; SL 2013, ch 172, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-30.1 - Report of unprofessional conduct and certain changes.

36-4-30.1. Report of unprofessional conduct and certain changes.
Any person licensed under chapter 36-4 shall report to the board, within thirty days of the date of the action, any of the acts included in §36-4-30 and any of the following:
(1)Change of contact information, including any change in home address, business address, home phone number, work phone number, e-mail address, and any other information that is used for communicating with the board;
(2)Hospital disciplinary actions;
(3)Actions affecting privileges to practice; and
(4)Judgments or settlements related to malpractice.
Failure to report may constitute a basis for disciplinary action against the licensee who failed to report.
Source:
SL 2018, ch 227, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-31 - Proceedings for cancellation, revocation, or suspension of license, resident license, or certificate.

36-4-31. Proceedings for cancellation, revocation, or suspension of license, resident license, or certificate.
The proceedings for cancellation, revocation, or suspension of a license, resident license, or certificate shall be conducted in compliance with chapter 1-26. However, the Board of Examiners may dispense with the requirement of prior notice and an informal meeting set forth in §1-26-29 if the board finds that the public health, interest, or safety require otherwise or that willful acts have been alleged.
Source:
SDC 1939, §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; SL 1989, ch 321; SL 2009, ch 178, §11; SL 2013, ch 172, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-31.4 - Reissuance of canceled, suspended, or revoked license, resident license, or certificate.

36-4-31.4. Reissuance of canceled, suspended, or revoked license, resident license, or certificate.
Upon application, the Board of Examiners may reissue a license, resident license, or certificate to practice to any person whose license, resident license, or certificate has been canceled, suspended, or revoked. No reissuance of a license, resident license, or certificate which has been canceled or revoked may be made prior to one year after the cancellation or revocation. The reissuance of any license, resident license, or certificate may be made in such manner and form and under conditions as the board may require.
Source:
SDC Supp 1960, §27.0310 as enacted by SL 1969, ch 105, §3; SL 2009, ch 178, §12; SL 2013, ch 172, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-31.5 - Evidence in cancellation, revocation, suspension, or limitation proceedings confidential.

36-4-31.5. Evidence in cancellation, revocation, suspension, or limitation proceedings confidential.
Testimony of a witness or documentary evidence of any kind on cancellation, revocation, suspension, or limitation proceedings are not subject to discovery or disclosure under chapter 15-6 or any other provision of law, and are not admissible as evidence in any action of any kind in any court or arbitration forum, except as hereinafter provided. No person in attendance at any hearing of the Board of Examiners considering cancellation, revocation, suspension, or limitation of a license, resident license, or certificate issued by it may be required to testify as to what transpired at such meeting. The prohibition relating to discovery of evidence does not apply to deny a physician access to or use of information upon which a decision regarding the physician's staff privileges was based. The prohibition relating to discovery of evidence does not apply to any person or the person's counsel in the defense of an action against the person's access to the materials covered under this section.
Source:
SL 1985, ch 297, §21; SL 2009, ch 178, §13; SL 2013, ch 172, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-31.6 - Application of contested case procedure.

36-4-31.6. Application of contested case procedure.
If the grant, denial, or renewal of a license, resident license, or certificate to practice allopathic or osteopathic medicine was previously treated as a contested case resulting in a final decision, the provisions of chapter 1-26 concerning contested cases do not apply unless the Board of Examiners determines that there has been a substantial change of circumstance since the proceedings in the prior contested case.
Source:
SL 1987, ch 267; SL 2009, ch 178, §14; SL 2013, ch 172, §15.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-47 - Medical abortion--Procedure.

36-4-47. Medical abortion--Procedure.
For the purpose of inducing a medical abortion, a pregnant mother may only take the medications Mifepristone or Misoprostol up to nine weeks after conception. Mifepristone and Misoprostol must be prescribed and dispensed by a licensed physician in a licensed abortion facility consistent with chapter 34-23A and in compliance with the applicable requirements in chapter 36-4.
A pregnant mother may only be administered Mifepristone by the licensed physician who fully complied with all the provisions of §34-23A-56, and first obtains, from the pregnant mother, all information required by §34-23A-57 and her informed consent. A different physician may administer Mifepristone and take a signed consent from the pregnant mother only if expressly authorized pursuant to §34-23A-57.
After taking Mifepristone and undergoing an observation period in the abortion facility, the pregnant mother may return home.
Between twenty-four and seventy-two hours after taking Mifepristone, if the pregnant mother decides to continue with the medical abortion, the pregnant mother must return to the licensed abortion facility to receive the proper amount of Misoprostol. A licensed physician shall dispense the Misoprostol to the pregnant mother in the same manner as required for Mifepristone under this section.
Neither Mifepristone nor Misoprostol may be dispensed for the purpose of inducing a medical abortion in any manner contrary to this section.
The abortion facility staff shall monitor the pregnant mother for complications for a medically necessary period following each administration of the abortion-inducing medications.
The abortion facility staff shall schedule a follow-up appointment with the pregnant mother to return to the abortion facility on the fourteenth day after taking the medication to confirm that the fetus, placenta, and membranes have been fully expelled.
Source: SL 2022, ch 143, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-48 - Medical abortion--Definition of term.

36-4-48. Medical abortion--Definition of term.
For the purposes of §§34-23A-34, 36-4-8, and 36-4-47, the term, medical abortion, means a procedure that uses medication to intentionally terminate the life of a human being in the uterus, and does not mean a procedure for the management of a miscarriage.
Source: SL 2022, ch 143, §5.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04A - Physician Assistants › Section 36-4A-26.1 - Physician assistant as agent of supervising physician--Provision of services delegated in practice agreement.

36-4A-26.1. Physician assistant as agent of supervising physician--Provision of services delegated in practice agreement.
A physician assistant shall be considered an agent of the supervising physician in the performance of all practice-related activities. A physician assistant may provide those medical services that are delegated by the supervising physician pursuant to §36-4A-1.1 if the service is within the physician assistant's skills, forms a component of the physician's scope of practice, and is provided with supervision including:
(1)Initial medical diagnosis and institution of a plan of therapy or referral;
(2)Prescribing and provision of drug samples or a limited supply of labeled medications, including controlled substances listed on Schedule II in chapter 34-20B for one period of not more than thirty days, for treatment of causative factors and symptoms. Medications or sample drugs provided to patients shall be accompanied with written administration instructions and appropriate documentation shall be entered in the patient's record. Physician assistants may request, receive, and sign for professional samples of drugs provided by the manufacturer;
(3)Responding to emergencies and the institution of emergency treatment measures including the writing of a chemical or physical restraint order when the patient may do personal harm or harm others;
(4)Completing and signing of official documents such as birth and death certificates and similar documents required by law;
(5)Taking X rays and performing radiologic procedures; and
(6)Performing physical examinations for participation in athletics and certifying that the patient is healthy and able to participate in athletics.
Source:
SL 2007, ch 207, §10.