reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-8 - Practice of medicine or medical abortion--Severity of crimes.

36-4-8. Practice of medicine or medical abortion--Severity of crimes.
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. Any person who practices medicine, osteopathy, or any of the branches thereof without a license, certificate, or permit issued by the board and prescribes medicine in order to induce a medical abortion, as defined by §36-4-48, is guilty of a Class 6 felony.
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; SL 2022, ch 143, §1.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-9 - Use of title and other acts constituting practice of medicine.

36-4-9.Use of title and other acts constituting practice of medicine.
For the purpose of this chapter, "practice of medicine or osteopathy" includes, but not by way of limitation, to append or prefix the letters M.D., or D. O. or the title of Doctor or Dr. or Specialist or Osteopath or any other sign or appellation in a medical sense to one's name or to profess publicly to be a physician or surgeon or to recommend, prescribe or direct for the use of any person any drug, medicine, apparatus, or other agency for the cure, relief or palliation of any ailment or disease of the mind or body or the cure or relief of any wound, fracture or bodily injury or deformity.
Source:
SDC 1939, §27.0310; SL 1949, ch 106, §14; SDC Supp 1960, §27.0315; SL 1985, ch 297, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-10 - Practitioners and officers exempt from chapter--Application to previously licensed physicians.

36-4-10. Practitioners and officers exempt from chapter--Application to previously licensed physicians.
The provisions of this chapter do not apply to commissioned physicians or surgeons of the United States Army, Navy, Air Force, or Marine Hospital Service or of the United States Veterans' Administration, or the United States Public Health Service in the actual performance of their duties nor to dentists in the legitimate practice of their profession, nor to Christian Scientists as such who do not practice medicine, surgery, or obstetrics by the use of any material, remedies, or agencies. Medical and osteopathic physicians, legally licensed in this state on July 1, 1949, need not pass the examination referred to in this chapter. However, osteopathic physicians licensed prior to July 1, 1949, may not perform major operations.
Source:
SDC 1939, §27.0311; SL 1949, ch 106, §3; SDC Supp 1960, §27.0303; SL 1985, ch 297, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-11 - Application for license--Qualifications of licensee--Examination--Educational requirements.

36-4-11. Application for license--Qualifications of licensee--Examination--Educational requirements.
Any person desiring to engage in the practice of medicine or osteopathy, surgery, or obstetrics in any of their branches in this state shall apply to the Board of Medical and Osteopathic Examiners for a license. The application shall contain such information as the board may require by rules adopted pursuant to chapter 1-26. The Board of Examiners shall grant a license to any applicant who gives satisfactory proof of being at least eighteen years of age and who is of good moral character if the applicant passes an examination, determined by the board by rule adopted pursuant to chapter 1-26, to establish medical competence and presents evidence of having graduated and received a diploma from a medical or osteopathic college approved by the board in accordance with rules adopted pursuant to chapter 1-26. If the diploma is from a medical or osteopathic college outside the United States, the Board of Examiners may require further proof of competence by rules adopted pursuant to chapter 1-26. The applicant shall also present evidence satisfactory to the board of successful completion of a program as an intern or resident, or of equivalent service approved by the board, in a hospital approved by the board, for such time as the board requires by rule adopted pursuant to chapter 1-26.
Source:
SDC 1939, §27.0301; SL 1949, ch 106, §2; SDC Supp 1960, §27.0302; SL 1973, ch 241, §3; SL 1979, ch 249, §1; SL 1985, ch 297, §6; SL 1995, ch 210, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-11.1 - Criminal background investigation of applicants for licensure and expedited licensure and licensees under disciplinary investigation.

36-4-11.1. Criminal background investigation of applicants for licensure and expedited licensure and licensees under disciplinary investigation.
Each applicant for licensure or expedited licensure as a physician 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 of Medical and Osteopathic Examiners 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 of Medical and Osteopathic Examiners 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, §1; SL 2018, ch 226, §1, eff. Feb. 5, 2018.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-12.1 - Application of medical or osteopathic college for approval--Inspection.

36-4-12.1. Application of medical or osteopathic college for approval--Inspection.
A medical or osteopathic college seeking approval by the Board of Medical and Osteopathic Examiners shall file with the board an application on forms provided by the board. It shall also provide such other or further information as the board requests in writing.
Prior to issuing any approval the board may require, in its sole discretion, that such school be inspected by a member or representative of the board. The school applying for approval shall pay all expenses incurred by the board in making such an inspection.
Source:
SL 1985, ch 297, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-12.2 - List of approved colleges.

36-4-12.2. List of approved colleges.
The Board of Medical and Osteopathic Examiners shall keep a written list of all medical and osteopathic colleges which are approved by the board.
Source:
SL 1985, ch 297, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-12.3 - Hearing on refusal to approve college.

36-4-12.3. Hearing on refusal to approve college.
If a medical or osteopathic college applies to the Board of Medical and Osteopathic Examiners for approval and complies with all prerequisites, including a proper application, furnishing all information requested in writing, and provisions of the board relative to an on-site inspection, and the board determines not to grant such approval, such college shall be provided an opportunity for hearing pursuant to the provisions of chapter 1-26.
Source:
SL 1985, ch 297, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-12.4 - Information furnished by approved colleges.

36-4-12.4. Information furnished by approved colleges.
The Board of Medical and Osteopathic Examiners shall review its written list of approved medical and osteopathic colleges on or before the first day of July each year. The board may require any college on its approved list to submit, in writing, additional information requested by the board.
Source:
SL 1985, ch 297, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-12.5 - Hearing on refusal to renew approval of college.

36-4-12.5. Hearing on refusal to renew approval of college.
If a medical or osteopathic college has complied with all prerequisites for a renewal of its approval and the Board of Medical and Osteopathic Examiners decides not to renew the approval of such college, the board shall provide such college with an opportunity for hearing pursuant to the provisions of chapter 1-26.
Source:
SL 1985, ch 297, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-13 - Hospitals recognized for internship--Inspection by board.

36-4-13. Hospitals recognized for internship--Inspection by board.
"Hospital approved by the board" means a hospital approved by the Board of Examiners pursuant to §36-4-22.1, but a hospital shall not be denied approval without a hearing by the board in compliance with chapter 1-26, and the board may for the purpose of such hearing inspect said hospital; provided such hearing and inspection shall be held within ninety days after a request therefor.
Source:
SL 1949, ch 106, §2; SDC Supp 1960, §27.0302; SL 1973, ch 241, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-15 - False or fraudulent diploma or affidavit as misdemeanor.

36-4-15. False or fraudulent diploma or affidavit as misdemeanor.
Any person who submits to the Board of Examiners any false, forged, or fraudulent diploma or one of which he is not the lawful owner, or any false or forged affidavit of identification for the purpose of obtaining from such board any license required by this chapter 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, §141.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-16 - Return of fee on withdrawal of application or failure to examine.

36-4-16. Return of fee on withdrawal of application or failure to examine.
The Board of Examiners shall be authorized to return the examination fee in any case where the applicant has withdrawn his application prior to the date fixed for the examination, or where the board for any reason fails to examine an applicant through no fault on his part, but this section shall not apply where a license has been revoked.
Source:
SDC 1939, §27.0312; SL 1949, ch 106, §15; SDC Supp 1960, §27.0316.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-17 - Written examination required--Discrimination between systems of medicine prohibited--Minimum grade--Reexamination--Fee--Preservation of grades.

36-4-17. Written examination required--Discrimination between systems of medicine prohibited--Minimum grade--Reexamination--Fee--Preservation of grades.
The examination required by this chapter shall be in writing. The questions on all subjects shall be such as are answered alike by all schools of medicine or osteopathy. No license may be refused any applicant because of adherence to any particular school of medicine. Each applicant shall be required to attain an average percentage of at least seventy-five percent of correct answers. Any applicant failing on such examination is eligible for a maximum of two subsequent examinations upon payment of the required fee at any regular meeting of the Board of Medical and Osteopathic Examiners or at such time and place as the board may designate. Before taking the examination, the applicant shall pay to the secretary of the board a fee to be set by the board in an amount not to exceed five hundred fifty dollars. The applicant must pass all parts or steps of the examination within seven years. However, if the applicant is board-certified by a board of the American Board of Medical Specialties, the Board of Medical and Osteopathic Examiners may waive this requirement. All grades achieved shall be preserved by the secretary of the board for a period of at least three years.
Source:
SDC 1939, §27.0302; SL 1949, ch 106, §5; SDC Supp 1960, §27.0305; SL 1961, ch 128; SL 1973, ch 241, §7; SL 1979, ch 249, §2; SL 1982, ch 272; SL 1985, ch 297, §13; SL 2004, ch 241, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-17.1 - Examination of applicant with dual MD-PhD degree.

36-4-17.1. Examination of applicant with dual MD-PhD degree.
If the applicant has successfully completed a dual degree MD-PhD program in an institution approved by the board, all of the requirements of §36-4-17 apply. However, the applicant shall pass all parts or steps of the examination within ten years.
Source:
SL 2009, ch 180, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-18 - Grant of license to practice--Type of practice stated on license.

36-4-18. Grant of license to practice--Type of practice stated on license.
To each applicant successfully passing the examination required by this chapter and fulfilling all other requirements of this chapter, the Board of Examiners shall grant a license to practice medicine or osteopathic medicine, surgery, and obstetrics in all of their branches, without limitations, in this state, but each license so granted shall state on the face thereof whether the licensee is licensed to practice medicine and surgery or osteopathic medicine and surgery. Such license shall be granted only by consent of the majority of the board.
Source:
SDC 1939, §27.0303; SL 1949, ch 106, §6; SDC Supp 1960, §27.0306.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-19 - License based on certificate from national board or another state--Fee.

36-4-19. License based on certificate from national board or another state--Fee.
The Board of Medical and Osteopathic Examiners may, without examination, issue a license to any applicant holding a currently valid license or certificate issued to the applicant by the examining board of the District of Columbia, any state or territory of the United States, the National Board of Medical Examiners, the National Board of Osteopathic Physicians and Surgeons, or any province of Canada, if the legal requirements of the examining board at the time it issued the license or certificate were not less than those of this state at the time the license is presented for registration.
However, the board may require the applicant to successfully pass either an oral or written examination and personally appear before the board, a member of the board, or its staff.
Each applicant applying under the provisions of this chapter shall pay to the secretary of the board a license fee not to exceed four hundred dollars to be set by the board by rule promulgated pursuant to chapter 1-26.
Source:
SDC 1939, §27.0304; SL 1949, ch 106, §7; SDC Supp 1960, §27.0307; SL 1961, ch 129; SL 1969, ch 105, §2; SL 1973, ch 241, §8; SL 1985, ch 297, §14; SL 1995, ch 210, §2; SL 2002, ch 175, §1; SL 2008, ch 191, §1; SL 2018, ch 227, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-19.1 - Contents of application for license based on certificate from national board or another jurisdiction--Consideration by board.

36-4-19.1. Contents of application for license based on certificate from national board or another jurisdiction--Consideration by board.
Applicants for license under the provisions of §36-4-19 shall subscribe to an oath in writing before an officer authorized by law to administer oaths, which shall be a part of such application, and the oath shall be made on statements in the application which shall state the following:
(1)That the license, certificate, or authority under which the applicant practiced medicine in the state, territory or province of Canada from which the applicant removed was at the time of such removal in full force and not canceled, suspended or revoked.
(2)That the applicant is the identical person to whom the said certificate, license or commission and the said medical diploma was issued.
(3)Whether proceedings have ever been instituted against the applicant for a cancellation, suspension or revocation of said certificate, license or authority to practice medicine in any state, territory or province of Canada.
(4)Whether the applicant has ever applied for and been refused a certificate, license, authority or commission to practice medicine by any state, territory or province of Canada and if so the reason for said refusal.
(5)That no prosecution is pending against the applicant in any state or federal court or court in Canada for any offense which under the law of the state of South Dakota would constitute a felony or would be a crime involving moral turpitude.
The application shall also be accompanied by such other information as the board by its rules and regulations require.
In determining whether a South Dakota license should be issued to the applicant, the board shall take into consideration the nature, circumstances or results of any action for cancellation, suspension, revocation or refusal of the license.
Source:
SDC Supp 1960, §27.0307 as enacted by SL 1969, ch 105, §2; SL 1973, ch 241, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-20 - Temporary permits for supervised practice in state institution--Qualifications of applicants--Duration and renewal.

36-4-20. Temporary permits for supervised practice in state institution--Qualifications of applicants--Duration and renewal.
If it appears to the State Board of Medical and Osteopathic Examiners by a resolution thereof duly made and adopted, that an urgent need exists in any state-owned and operated medical institution for the services of a practitioner of medicine, surgery, and obstetrics and their branches, as a state employee, which cannot be adequately and effectively served by a regularly licensed practitioner, the board may, in its discretion, grant a temporary permit to an applicant who has satisfactorily passed a special examination and paid a fee not to exceed fifty dollars for the examination, notwithstanding that the applicant has not completed the period of internship or residence training in a hospital approved by the board and has failed or has been unable to satisfactorily show that he is a graduate of an approved medical or osteopathic college. The temporary permit shall be issued and be effective for one year from the date of issuance of such permit. The temporary permit entitles the person to whom issued to engage in the practice of medicine, surgery, and obstetrics and their branches as a state employee under the supervision of a licensed physician in such state-owned and operated medical institution and not elsewhere. Such temporary permit may be renewed by the board upon application to it on an annual basis and the payment of an annual renewal fee of not to exceed fifteen dollars. Except as may otherwise be provided in this section, applications for such temporary permits shall be processed in the same manner as regular license applications under §36-4-11, and the holder of any such permit is subject to all restrictions, responsibilities, and privileges inuring to regular licensees under this chapter. The examination and renewal fees provided for in this section shall be set by the board by rules promulgated pursuant to chapter 1-26.
Source:
SL 1949, ch 110; SL 1955, ch 90; SDC Supp 1960, §27.0308; SL 1963, ch 150; SL 1973, ch 241, §10; SL 1986, ch 27, §40; SL 2008, ch 191, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-20.1 - Locum tenens certificate defined.

36-4-20.1. Locum tenens certificate defined.
A locum tenens certificate is a certificate allowing the holder thereof to practice medicine in this state for a limited period of time and subject to the requirements and conditions set forth in said certificate.
Source:
SDC Supp 1960, §27.0308A as enacted by SL 1969, ch 105, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-20.2 - Petition and application for locum tenens certificate--Fee--Personal appearance required.

36-4-20.2. Petition and application for locum tenens certificate--Fee--Personal appearance required.
A certificate for locum tenens practice may be issued by the Board of Examiners to an applicant who is a current holder of a valid license to practice medicine or osteopathy in any state or territory of the United States, the District of Columbia, or province of Canada, or who has graduated and received a diploma from an approved medical or osteopathic college and who has completed at least one year of an approved internship or residency program or its equivalent. If such applicant is not the holder of a currently valid license to practice medicine or osteopathy, as heretofore stated, the board may grant such certificate only after the applicant has satisfactorily passed a special examination for locum tenens certificate administered by the board. To obtain a locum tenens certificate, a petition shall be presented to the board signed under oath, by a licensed physician practicing in this state and by the applicant requesting a locum tenens certificate which petition shall set forth the reasons why the applicant should be issued a locum tenens certificate. In addition to the petition, the locum tenens applicant shall complete and submit to the board the application required by §36-4-19 accompanied by a fee of not to exceed fifty dollars made payable to the secretary of the board and appear personally at the office of the South Dakota State Board of Medical and Osteopathic Examiners or at the office of a member of the board. The application fee provided for in this section shall be set by the board by rule promulgated pursuant to chapter 1-26.
Source:
SDC Supp 1960, §27.0308A as enacted by SL 1969, ch 105, §7; SL 1973, ch 241, §11; SL 2008, ch 191, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-20.3 - Issuance of locum tenens certificate by single member of board--Notice to other members--Objections and cancellation.

36-4-20.3. Issuance of locum tenens certificate by single member of board--Notice to other members--Objections and cancellation.
A member of the Board of Examiners, when satisfied that all requirements have been met and that the circumstances require the issuance, may issue a locum tenens certificate to the applicant, provided however, all other members of the board shall be notified by mail within three days of the issuance of any such certificate and any member of the board may within five days after receiving notice of the issuance of such certificate file written objections with the president of the board; the president shall within twenty-four hours after the receipt of any such objection mail copies thereof to all members of the board for their consideration and if within three days after the mailing of such copies a majority of the board file objections to the issuance thereof in writing with the president, such certificate shall be deemed canceled.
Source:
SDC Supp 1960, §27.0308A as enacted by SL 1969, ch 105, §7; SL 1973, ch 241, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-20.4 - Duration of locum tenens certificates--Privileges of certificate holder.

36-4-20.4. Duration of locum tenens certificates--Privileges of certificate holder.
Locum tenens certificates shall be issued for a period of not to exceed sixty days, and in the Board of Examiners discretion may set forth requirements and conditions governing the practice under it. The locum tenens certificate shall allow the holder to practice medicine in this state only for a period set forth in the certificate and according to any conditions and requirements which the board in its discretion incorporates onto the certificate.
Source:
SDC Supp 1960, §27.0308A as enacted by SL 1969, ch 105, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-20.6 - Resident license defined.

36-4-20.6. Resident license defined.
A resident license is a license allowing the holder to practice medicine in this state for a limited period of time subject to the requirements and conditions set forth in the license.
Source:
SL 1987, ch 266, §1; SL 2013, ch 172, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04 - Physicians And Surgeons › Section 36-4-20.7 - Issuance of resident license--Application--Fee.

36-4-20.7. Issuance of resident license--Application--Fee.
The Board of Examiners may issue a resident license to an applicant who is currently enrolled in an accredited residency program. The applicant shall apply using forms prescribed by the board. The application shall be accompanied by an application fee set by the board, by rule promulgated pursuant to chapter 1-26, not to exceed fifty dollars.
Source:
SL 1987, ch 266, §2; SL 2008, ch 191, §4; SL 2013, ch 172, §2.