reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11D - Physician's Assistants Corporations › Section 47-11D-14 - Suspension or revocation of certificate of registration--Grounds.

47-11D-14. Suspension or revocation of certificate of registration--Grounds.
The board may suspend or revoke any certificate of registration issued under this chapter for any of the following reasons:
(1)The revocation or suspension of the certificate practice as a physician's assistant of any officer, director, shareholder, or employee not promptly removed or discharged by the corporation;
(2)Unethical professional conduct on the part of any officer, director, stockholder, or employee not promptly removed or discharged by the corporation;
(3)The death of the last remaining shareholder; or
(4)Upon finding that the holder of a certificate of registration has failed to comply with the provisions of this chapter or the rules prescribed by the board.
Source:
SL 1993, ch 337, §14.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11D - Physician's Assistants Corporations › Section 47-11D-15 - Procedure for suspension or revocation of certificate.

47-11D-15. Procedure for suspension or revocation of certificate.
Any proceedings undertaken by the board for the revocation or suspension of a certificate of registration shall be deemed a contested case under the provisions of chapter 1-26.
Source:
SL 1993, ch 337, §15.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11D - Physician's Assistants Corporations › Section 47-11D-16 - Relationship with patient unchanged.

47-11D-16. Relationship with patient unchanged.
This chapter does not alter any law applicable to the relationship between a physician's assistant furnishing professional services and a person receiving such service, including liability arising out of such service.
Source:
SL 1993, ch 337, §16.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11D - Physician's Assistants Corporations › Section 47-11D-21.1 - Personal liability of shareholders, directors, and officers of professional corporations or members or managers of limited liability companies limited for corporate or individual obligations--Exception.

47-11D-21.1. Personal liability of shareholders, directors, and officers of professional corporations or members or managers of limited liability companies limited for corporate or individual obligations--Exception.
An obligation of a professional corporation or limited liability company formed pursuant to chapter 47-11A, 47-11B, 47-11C, 47-11D, 47-11E, 47-13A, or 47-13B, whether arising in contract, tort, or otherwise, is the obligation of the professional corporation or limited liability company and the individual whose act or omission gives rise to the obligation. No shareholder, director, or officer of a professional corporation or member or manager of a limited liability company is personally liable, directly or indirectly, by way of contribution or otherwise, for such obligation based solely on such person's capacity as a shareholder, director, or officer of a professional corporation or member or manager of a limited liability company. This limitation of liability does not extend to amounts owed to the State of South Dakota or its political subdivisions for any taxes, or any penalty or interest on such taxes.
Source:
SL 2005, ch 240, §1.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11D - Physician's Assistants Corporations › Section 47-11D-21.2 - Amendment of articles of incorporation to be consistent with law.

47-11D-21.2. Amendment of articles of incorporation to be consistent with law.
Any professional corporation or limited liability company may amend its articles of incorporation to be consistent with SL 2005, ch 240.
Source:
SL 2005, ch 240, §2.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11D - Physician's Assistants Corporations › Section 47-11D-22 - Pension, profit sharing, insurance, and welfare plans for employees--Restrictions.

47-11D-22. Pension, profit sharing, insurance, and welfare plans for employees--Restrictions.
A corporation formed pursuant to the provisions of this chapter, may adopt a pension, profit-sharing, whether cash or deferred, health and accident insurance, or welfare plan for all or part of its employees, including lay employees. However, any such plan may not require or result in the sharing of specific or identifiable fees with any lay employees and any payments made to lay employees or into any such plan in behalf of lay employees are based upon their compensation or length of service or both, rather than the amount of fees or income received.
Source:
SL 1993, ch 337, §22.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11D - Physician's Assistants Corporations › Section 47-11D-23 - Application of private corporations law.

47-11D-23. Application of private corporations law.
The provisions of the law governing private corporations apply to corporations formed under this chapter, including their organization, and they enjoy the powers and privileges and are subject to the duties, restrictions, and liabilities of other corporations, except so far as limited or enlarged by this chapter.
Source:
SL 1993, ch 337, §23.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11E - Nursing Corporations › Section 47-11E-1 - Professional service corporations and limited liability companies for the practice of nursing authorized.

47-11E-1. Professional service corporations and limited liability companies for the practice of nursing authorized.
One or more registered nurses, licensed practical nurses, certified registered nurse anesthetists, or clinical nurse specialists licensed pursuant to chapter 36-9 or certified nurse practitioners or certified nurse midwives licensed pursuant to chapter 36-9A may form a professional service corporation for the practice of nursing under the South Dakota Business Corporation Act. The articles of incorporation of the corporation shall contain provisions complying with the requirements of §§47-11E-1 to 47-11E-19, inclusive.
Registered nurses, licensed practical nurses, certified registered nurse anesthetists, or clinical nurse specialists licensed pursuant to chapter 36-9 or certified nurse practitioners or certified nurse midwives licensed pursuant to chapter 36-9A may form a professional limited liability company under the South Dakota Limited Liability Company Act if the limited liability company is organized and operated in accordance with the provisions of this chapter. The articles of organization of the limited liability company shall contain provisions complying with the requirements of §§47-11E-1 to 47-11E-19, inclusive.
Source:
SL 1996, ch 228, §1; SL 2000, ch 222, §2; SL 2017, ch 171, §50.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11E - Nursing Corporations › Section 47-11E-1.1 - Definition of terms.

47-11E-1.1. Definition of terms.
Terms used in this chapter shall also include the following terms:
(1)"Articles of incorporation," the articles of organization of a limited liability company;
(2)"Corporation," both corporations under the South Dakota Business Corporations Act and limited liability companies under the South Dakota Limited Liability Company Act;
(3)"Director" or "officer," any manager of a limited liability company or the members of a limited liability company that does not have managers;
(4)"Incorporation," the members of a limited liability company;
(5)"Shareholders," the members of a limited liability company;
(6)"Shares" or "stock," membership interests in a limited liability company.
Source:
SL 2000, ch 222, §3.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11E - Nursing Corporations › Section 47-11E-2 - Formation of corporation authorized.

47-11E-2. Formation of corporation authorized.
A corporation formed pursuant to §47-11E-1 shall be organized solely for the purpose of conducting the practice of nursing only through persons qualified to practice nursing in the State of South Dakota.
Source:
SL 1996, ch 228, §2.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11E - Nursing Corporations › Section 47-11E-3 - Powers and privileges.

47-11E-3. Powers and privileges.
A corporation formed pursuant to §47-11E-1 may exercise the powers and privileges conferred upon corporations by the laws of the State of South Dakota only in furtherance of and subject to its corporate purpose.
Source:
SL 1996, ch 228, §3.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11E - Nursing Corporations › Section 47-11E-4 - Name of corporation or limited liability company.

47-11E-4. Name of corporation or limited liability company.
The name of a corporation formed pursuant to §47-11E-1 shall contain the words, professional company or professional corporation or abbreviations thereof, such as Prof. Co., Prof. Corp., P.C., or PC. The name of a limited liability company formed under §47-11E-1 shall contain the words, professional limited liability company, or the abbreviation, Prof. L.L.C., Prof. LLC, P.L.L.C., or PLLC. The name of the corporation or limited liability company shall always meet the ethical standards established for the names of nursing firms by the canons of professional ethics of the South Dakota Board of Nursing as if all the stockholders of the corporation were partners.
Source:
SL 1996, ch 228, §4; SL 2000, ch 222, §4; SL 2020, ch 197, § 6.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11E - Nursing Corporations › Section 47-11E-5 - Shareholders must be licensed and engaged in practice of nursing.

47-11E-5. Shareholders must be licensed and engaged in practice of nursing.
All shareholders of a corporation formed pursuant to §47-11E-1 shall be persons duly licensed by the South Dakota Board of Nursing to practice nursing in the State of South Dakota and who at all times own their shares in their own right. They shall be individuals who, except for illness, accident, time spent in the armed services, on vacations, and on leaves of absence not to exceed one year, are actively engaged in the practice of nursing in the offices of the corporation.
Source:
SL 1996, ch 228, §5.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11E - Nursing Corporations › Section 47-11E-5.1 - Revocable trust as shareholder--Conditions.

47-11E-5.1. Revocable trust as shareholder--Conditions.
Notwithstanding any other provisions of this chapter, a revocable trust may be a shareholder in a corporation or limited liability company organized under this chapter, for so long as the grantor of the revocable trust is living and is eligible to be a shareholder of a corporation organized under this chapter. After the death of the grantor, the shares owned by a revocable trust are subject to any divestiture and redemption provisions of this chapter as if the shares were directly owned by the grantor of the trust.
Source:
SL 2002, ch 205, §6.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11E - Nursing Corporations › Section 47-11E-6 - Ineligible shareholder to dispose of shares.

47-11E-6. Ineligible shareholder to dispose of shares.
Provisions shall be made requiring any shareholder who ceases to be eligible to be a shareholder to dispose of all shares forthwith either to the corporation or to any person having the qualifications prescribed in §47-11E-5.
Source:
SL 1996, ch 228, §6.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11E - Nursing Corporations › Section 47-11E-7 - Qualifications of president, directors and officers.

47-11E-7. Qualifications of president, directors and officers.
The president of a corporation formed pursuant to §47-11E-1 shall be a shareholder and director; and, to the extent possible, all other directors and officers shall be persons having the qualifications prescribed in §47-11E-5. Lay directors and officers may not exercise any authority whatsoever over professional matters.
Source:
SL 1996, ch 228, §7.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11E - Nursing Corporations › Section 47-11E-12.1 - Personal liability of shareholders, directors, and officers of professional corporations or members or managers of limited liability companies limited for corporate or individual obligations--Exception.

47-11E-12.1. Personal liability of shareholders, directors, and officers of professional corporations or members or managers of limited liability companies limited for corporate or individual obligations--Exception.
An obligation of a professional corporation or limited liability company formed pursuant to chapter 47-11A, 47-11B, 47-11C, 47-11D, 47-11E, 47-13A, or 47-13B, whether arising in contract, tort, or otherwise, is the obligation of the professional corporation or limited liability company and the individual whose act or omission gives rise to the obligation. No shareholder, director, or officer of a professional corporation or member or manager of a limited liability company is personally liable, directly or indirectly, by way of contribution or otherwise, for such obligation based solely on such person's capacity as a shareholder, director, or officer of a professional corporation or member or manager of a limited liability company. This limitation of liability does not extend to amounts owed to the State of South Dakota or its political subdivisions for any taxes, or any penalty or interest on such taxes.
Source:
SL 2005, ch 240, §1.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11E - Nursing Corporations › Section 47-11E-12.2 - Amendment of articles of incorporation to be consistent with law.

47-11E-12.2. Amendment of articles of incorporation to be consistent with law.
Any professional corporation or limited liability company may amend its articles of incorporation to be consistent with SL 2005, ch 240.
Source:
SL 2005, ch 240, §2.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11E - Nursing Corporations › Section 47-11E-13 - Filing of articles of incorporation.

47-11E-13. Filing of articles of incorporation.
A copy certified by the secretary of state of the articles of incorporation of any corporation formed pursuant to this chapter shall be filed with the South Dakota Board of Nursing, together with a certified copy of all amendments thereto. At the time of filing the original articles with the Board of Nursing, the corporation shall file a written list of shareholders setting forth the names and addresses of each and a written list containing the names and addresses of all persons who are not shareholders who are employed by the corporation and who are authorized to practice nursing in South Dakota. Within ten days after any change in such shareholders or employees, a written list setting forth the information required by the preceding sentence shall be filed with the Board of Nursing.
Source:
SL 1996, ch 228, §13.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11E - Nursing Corporations › Section 47-11E-14 - Corporations not to engage in practice of nursing outside of chapter.

47-11E-14. Corporations not to engage in practice of nursing outside of chapter.
Except as provided in this chapter, corporations may not engage in the practice of nursing. Professional service corporations organized and operated in accordance with the provisions of this chapter are not lay agencies within the meaning of the canons of professional ethics.
Source:
SL 1996, ch 228, §14.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11E - Nursing Corporations › Section 47-11E-15 - Pension profit sharing, health and accident insurance or welfare plan for employees--Restrictions.

47-11E-15. Pension profit sharing, health and accident insurance or welfare plan for employees--Restrictions.
A professional service corporation may adopt a pension profit-sharing (whether cash or deferred), health and accident, insurance, or welfare plan for all or part of its employees including lay employees, if such plan does not require or result in the sharing of specific or identifiable fees with lay employees and any payments made to lay employees or into any such plan in behalf of lay employees are based upon their compensation or length of service, or both, rather than the amount of fees or income received.
Source:
SL 1996, ch 228, §15.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11E - Nursing Corporations › Section 47-11E-16 - Standards of professional conduct--Compliance.

47-11E-16. Standards of professional conduct--Compliance.
The corporation may not do anything which if done by a nurse employed by it would violate the standards of professional conduct established for such nurse pursuant to law. The corporation shall at all times comply with the standards of professional conduct established by the South Dakota Board of Nursing and the provisions of this chapter.
Source:
SL 1996, ch 228, §16.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11E - Nursing Corporations › Section 47-11E-17 - Suspension of corporation or members from practice of nursing.

47-11E-17. Suspension of corporation or members from practice of nursing.
The Board of Nursing may suspend or revoke the right of any corporation, or any of its members, to practice nursing, for any of the following reasons:
(1)The revocation or suspension of the license to practice nursing of any officer, director, shareholder, or employee not promptly removed or discharged by the corporation;
(2)Unethical professional conduct on the part of any officer, director, shareholder, or employee not promptly removed or discharged by the corporation;
(3)The death of the last remaining shareholder; or
(4)A violation of any of the provisions of this chapter or the rules promulgated pursuant to this chapter.
Source:
SL 1996, ch 228, §17.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11E - Nursing Corporations › Section 47-11E-18 - Standards of professional conduct--Discipline.

47-11E-18. Standards of professional conduct--Discipline.
Nothing in this chapter diminishes or changes the obligation of each nurse employed by the corporation to conduct their practice in accordance with the standards of professional conduct promulgated by the South Dakota Board of Nursing. Any nurse who by act or omission causes the corporation to act or fail to act in a way which violates such standards of professional conduct, is personally responsible for such act or omission and is subject to discipline.
Source:
SL 1996, ch 228, §18.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11E - Nursing Corporations › Section 47-11E-19 - Effect of act.

47-11E-19. Effect of act.
This chapter does not alter any law applicable to the relationship between a nurse furnishing nursing service and a person receiving such service, including liability arising out of such service.
Source:
SL 1996, ch 228, §19.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11E - Nursing Corporations › Section 47-11E-20 - Board of Nursing to promulgate rules.

47-11E-20. Board of Nursing to promulgate rules.
The Board of Nursing shall promulgate rules pursuant to chapter 1-26 pertaining to:
(1)Filing the original articles of incorporation under §47-11E-13;
(2)Annual renewal;
(3)Fees; and
(4)Disciplinary proceedings.
Source:
SL 1996, ch 228, §20.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11F - Health Care Corporations, Limited Liability Companies And Limited Liability Partnerships › Section 47-11F-1 - Definition of terms.

47-11F-1. Definition of terms.
Terms used in this chapter mean:
(1)"Authorized licensee," a natural person licensed as a health care professional under Title 36 and entitled to form a professional corporation pursuant to chapters 47-11, 47-11A, 47-11B, 47-11C, 47-11D, and 47-11E;
(2)"Professional employee," an employee of a professional corporation who is an authorized licensee, but not a shareholder of the corporation.
Source:
SL 2000, ch 219, §1.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11F - Health Care Corporations, Limited Liability Companies And Limited Liability Partnerships › Section 47-11F-2 - Professional corporation defined.

47-11F-2. Professional corporation defined.
For the purposes of this chapter, the term, professional corporation, includes a limited liability company organized under chapter 47-34A or a limited liability partnership organized under chapter 48-7. With respect to a limited liability company, references in this chapter to articles of incorporation, by-laws, directors, officers, shareholders, and shares of stock refer to articles of organization, operating agreement, governors, managers, members, and membership interest, respectively. With respect to a limited liability partnership, references in this chapter to articles of incorporation and by-laws refer to partnership agreement, references to directors, officers, and shareholders refer to partners, and references to shares of stock refer to partnership interests.
Source:
SL 2000, ch 219, §2.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11F - Health Care Corporations, Limited Liability Companies And Limited Liability Partnerships › Section 47-11F-3 - Professional corporations rendering more than one professional service authorized.

47-11F-3. Professional corporations rendering more than one professional service authorized.
One or more authorized licensees may form a professional corporation for the purpose of rendering two or more kinds of professional services and services ancillary thereto. A professional corporation may not employ a person who is an authorized licensee unless at least one shareholder of the professional corporation is an authorized licensee of the same profession.
Source:
SL 2000, ch 219, §3.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11F - Health Care Corporations, Limited Liability Companies And Limited Liability Partnerships › Section 47-11F-4 - Certificates of registration required--Application.

47-11F-4. Certificates of registration required--Application.
No professional corporation may provide any professional service or ancillary service without a certificate of registration from the licensing board of each category of licensee who is a shareholder. An application for such registration shall be made to the applicable boards in writing and shall contain the name and address of the corporation, the information required in §47-11F-10, and such other information as may be required by each licensing board.
Source:
SL 2000, ch 219, §4.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11F - Health Care Corporations, Limited Liability Companies And Limited Liability Partnerships › Section 47-11F-5 - Action upon application--Duration of certificate.

47-11F-5. Action upon application--Duration of certificate.
Upon receipt of an application made pursuant to §47-11F-4, each licensing board shall investigate the proposed professional corporation. If the board finds that the shareholders and professional employees within its jurisdiction are properly licensed and have no disciplinary action pending before the board and if it appears that the corporation will be conducted in compliance with the law and rules of the board, the board shall issue an annually renewable certificate of registration upon payment of a registration fee in an amount to be established by rule pursuant to chapter 1-26. The application for renewal of a certificate of registration must report any change in status of the corporation or its shareholders. The corporation shall promptly report to any licensing board having jurisdiction the occurrence of any event mentioned in subdivisions 47-11F-8(1), (2), and (3).
Source:
SL 2000, ch 219, §5.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11F - Health Care Corporations, Limited Liability Companies And Limited Liability Partnerships › Section 47-11F-6 - Posting of certificate required.

47-11F-6. Posting of certificate required.
The certificate of registration issued pursuant to §47-11F-5 shall be conspicuously posted upon the premises to which it is applicable.
Source:
SL 2000, ch 219, §6.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11F - Health Care Corporations, Limited Liability Companies And Limited Liability Partnerships › Section 47-11F-7 - Amending certificate upon change of location or ownership--Certificates not assignable.

47-11F-7. Amending certificate upon change of location or ownership--Certificates not assignable.
An application for an amended certificate of registration shall be filed with any boards having jurisdiction of the professional corporation any time the location or ownership of the professional corporation changes. The respective boards shall investigate the corporation to determine whether it continues to meet the requirements of this chapter. Certificates of registration are not assignable.
Source:
SL 2000, ch 219, §7.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11F - Health Care Corporations, Limited Liability Companies And Limited Liability Partnerships › Section 47-11F-8 - Suspension or revocation of certificate--Grounds.

47-11F-8. Suspension or revocation of certificate--Grounds.
Any licensing board having jurisdiction over a professional corporation may suspend or revoke the certificate of registration issued under this chapter for any of the following reasons:
(1)The revocation or suspension of the license to practice of any shareholder or professional employee not promptly removed or discharged by the corporation;
(2)Unprofessional conduct by any shareholder or professional employee not promptly removed or discharged by the corporation;
(3)The death of the last remaining shareholder; or
(4)Upon a finding that the certificate holder has failed to comply with the provisions of this chapter or rules prescribed by any licensing board having jurisdiction over the certificate holder.
Source:
SL 2000, ch 219, §8.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11F - Health Care Corporations, Limited Liability Companies And Limited Liability Partnerships › Section 47-11F-9 - Notice and hearing required--Appeal--Certain situations where prior notice and hearing not required.

47-11F-9. Notice and hearing required--Appeal--Certain situations where prior notice and hearing not required.
Before any certificate of registration is suspended or revoked, the holder is entitled to a hearing pursuant to chapter 1-26 before the board or boards having jurisdiction. The hearing may be held jointly by the boards, but each board shall render its own decision. Any party to such a hearing is entitled to appeal pursuant to chapter 1-26. If any licensing board finds that the suspension or revocation is necessary to protect the public health, safety, or welfare or because willful acts are involved, it may dispense with the requirement of prior notice and hearing. However, the professional corporation shall have a seasonable hearing after any such suspension or revocation.
Source:
SL 2000, ch 219, §9.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11F - Health Care Corporations, Limited Liability Companies And Limited Liability Partnerships › Section 47-11F-10 - Additional information required in forming, organizing, or registration documents.

47-11F-10. Additional information required in forming, organizing, or registration documents.
In addition to providing the information required by the South Dakota Business Corporation Act, the following information is also required in the forming documents of a professional corporation, the organizing documents of a limited liability company, or the registration documents of a limited liability partnership:
(1)The name of the corporation, limited liability company, or limited liability partnership;
(2)The purpose of the corporation, limited liability company, or limited liability partnership;
(3)A statement that the shareholders of the corporation, members of the limited liability company, or partners in a limited liability partnership may only be professional persons licensed to render the kind of professional service that fit the purpose of the corporation, limited liability company, or limited liability partnership; and
(4)A statement that the officers and directors of a corporation, the governors and managers of a limited liability company, and the partners of a limited liability partnership, must be professional persons licensed to render the kind of professional services that fit the purpose of the corporation, limited liability company, or limited liability partnership.
Source:
SL 2000, ch 219, §10.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11F - Health Care Corporations, Limited Liability Companies And Limited Liability Partnerships › Section 47-11F-11 - Corporate name.

47-11F-11. Corporate name.
The corporate name of a corporation formed pursuant to this chapter shall end with the words, Professional Corporation, or the abbreviation, P.C. or PC, or the word, Limited, or the abbreviation, Ltd. The name of any limited liability company shall end with the words, Professional Limited Liability Company, or the abbreviation, Prof. L.L.C., Prof. LLC, P.L.L.C., or PLLC, or the words, Limited Liability Company, or the abbreviation, L.L.C. or LLC. The name of any limited liability partnership shall end with the words, Professional Limited Liability Partnership, or the abbreviation, P.L.L.P. or PLLP, or the words, Limited Liability Partnership, or the abbreviation, L.L. P. or LLP.
Source:
SL 2000, ch 219, §11; SL 2020, ch 197, § 7.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11F - Health Care Corporations, Limited Liability Companies And Limited Liability Partnerships › Section 47-11F-12 - Ownership of property--Investment of funds.

47-11F-12. Ownership of property--Investment of funds.
A professional corporation may own real and personal property necessary or appropriate for rendering professional service and may invest its funds in real estate, mortgages, stocks, bonds, or any other type of investment.
Source:
SL 2000, ch 219, §12.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11F - Health Care Corporations, Limited Liability Companies And Limited Liability Partnerships › Section 47-11F-13 - Professional practice or service without license not permitted.

47-11F-13. Professional practice or service without license not permitted.
This chapter does not authorize an individual to practice any profession, or furnish any professional service, for which the individual is not licensed.
Source:
SL 2000, ch 219, §13.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11F - Health Care Corporations, Limited Liability Companies And Limited Liability Partnerships › Section 47-11F-14 - Exercise of powers accorded by governing law--Conditions.

47-11F-14. Exercise of powers accorded by governing law--Conditions.
A professional corporation may exercise any powers accorded it by its generally applicable governing law, so long as the professional corporation exercises those powers solely to provide the pertinent professional services or to accomplish tasks ancillary to providing those services.
Source:
SL 2000, ch 219, §14.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11F - Health Care Corporations, Limited Liability Companies And Limited Liability Partnerships › Section 47-11F-15 - Corporate policies and actions to adhere to standards of professional conduct--Violations reported to licensing board--Board to have access to records.

47-11F-15. Corporate policies and actions to adhere to standards of professional conduct--Violations reported to licensing board--Board to have access to records.
No professional corporation may adopt, implement, or follow a policy, procedure, or practice, which would give any licensing board having jurisdiction grounds for disciplinary action, cause a violation of professional ethics, or cause a violation of the professional duty to use due care, against a shareholder or professional employee who follows, agrees to, or acquiesces in the policy, procedure, or practice. Any licensing board having jurisdiction shall be notified of any practice or policy adopted by the professional corporation that violates any provision of this chapter. Any dissension or deadlock resulting in a corporate policy or action violating the terms of this chapter shall be reported to any licensing board having jurisdiction. Any licensing board having jurisdiction shall have access to any business records and any patient records relevant to the actions of its respective licensee.
Source:
SL 2000, ch 219, §15.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11F - Health Care Corporations, Limited Liability Companies And Limited Liability Partnerships › Section 47-11F-16 - Relationship between health care provider and patient unaffected.

47-11F-16. Relationship between health care provider and patient unaffected.
This chapter does not alter any law applicable to the relationship between a professional licensee furnishing health care services and the person receiving those services, including liability arising out of those services. To the extent required by the licensing law governing any authorized licensee or professional employee, the corporation shall comply with the provisions of such law relevant to the maintenance of professional liability insurance for those affected health care professionals employed by the corporation.
Source:
SL 2000, ch 219, §16.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11F - Health Care Corporations, Limited Liability Companies And Limited Liability Partnerships › Section 47-11F-17 - Confidentiality of patient records.

47-11F-17. Confidentiality of patient records.
Patient records shall be kept strictly confidential. No provision of this chapter, including interdisciplinary access to patient records by any stockholder, professional employee, or any employee of a professional corporation, constitutes a waiver of any privilege on confidential communications which otherwise exists under any provision of the law of this state.
Source:
SL 2000, ch 219, §17.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11F - Health Care Corporations, Limited Liability Companies And Limited Liability Partnerships › Section 47-11F-18 - Licensing boards to promulgate rules to implement chapter.

47-11F-18. Licensing boards to promulgate rules to implement chapter.
The licensing boards having jurisdiction over professional corporations authorized in chapters 47-11, 47-11A, 47-11B, 47-11C, 47-11D, and 47-11E are authorized to promulgate rules pursuant to chapter 1-26 to implement the provisions of this chapter, including the following provisions:
(1)Definition of terms;
(2)Applications for registration and renewed registration as provided by §§47-11F-4 and 47-11F-5;
(3)Procedure for investigations as provided by §§47-11F-5 and 47-11F-15;
(4)Standards for hearings and summary suspension or revocation as provided by §47-11F-9; and
(5)Interboard consultation and hearings as provided by §§47-11F-4, 47-11F-5, 47-11F-7, 47-11F-9, and 47-11F-15.
Source:
SL 2000, ch 219, §18.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11F - Health Care Corporations, Limited Liability Companies And Limited Liability Partnerships › Section 47-11F-19 - Insurance title unaffected.

47-11F-19. Insurance title unaffected.
The provisions of this chapter do not affect or preempt any requirements contained in Title 58.
Source:
SL 2000, ch 219, §19.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11G - Physical Therapy, Occupational Therapy, And Speech-Language Pathology Corporations › Section 47-11G-1 - Definition of terms.

47-11G-1. Definition of terms.
As used in this chapter:
(1)"Articles of incorporation," includes the articles of organization of a limited liability company;
(2)"Corporation," includes both corporations under the South Dakota Business Corporations Act and limited liability companies under the South Dakota Limited Liability Company Act;
(3)"Director" or "officer," includes any manager of a limited liability company or the members of a limited liability company that does not have managers;
(4)"Incorporation," includes the organization of a limited liability company;
(5)"Shareholders," includes the members of a limited liability company; and
(6)"Shares," includes membership interests in a limited liability company.
Source: SL 2022, ch 167, §1.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11G - Physical Therapy, Occupational Therapy, And Speech-Language Pathology Corporations › Section 47-11G-2 - Professional service corporations and limited liability companies for physical, occupational, and speech-language pathologists.

47-11G-2. Professional service corporations and limited liability companies for physical, occupational, and speech-language pathologists.
One or more physical therapists licensed pursuant to chapter 36-10, occupational therapists licensed pursuant to chapter 36-31, speech-language pathologists licensed pursuant to chapter 36-37, or any combination of such licensees, may form a corporation under the South Dakota Business Corporation Act. The articles of incorporation must contain provisions complying with the requirements of this chapter.
Source: SL 2022, ch 167, §2.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11G - Physical Therapy, Occupational Therapy, And Speech-Language Pathology Corporations › Section 47-11G-3 - Formation of corporation—Powers and privileges.

47-11G-3. Formation of corporation—Powers and privileges.
A corporation formed pursuant to this chapter may:
(1)Be organized for the purpose of conducting the practice of physical therapy, occupational therapy, or speech-language pathology, or any combination of such practices; and
(2)Exercise the powers and privileges conferred upon corporations by the laws of this state.
Source: SL 2022, ch 167, §3.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11G - Physical Therapy, Occupational Therapy, And Speech-Language Pathology Corporations › Section 47-11G-4 - Name of corporation or limited liability company.

47-11G-4. Name of corporation or limited liability company.
The name of a corporation formed pursuant to this chapter must contain the words, professional company or professional corporation or abbreviations thereof, such as Prof. Co., Prof. Corp., P.C., or PC.
The name of a limited liability company formed under this chapter must contain the words, professional limited liability company, or the abbreviation, Prof. L.L.C., Prof. LLC, P.L.L. C., or PLLC.
Source: SL 2022, ch 167, §4.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11G - Physical Therapy, Occupational Therapy, And Speech-Language Pathology Corporations › Section 47-11G-5 - Shareholders—Requirements.

47-11G-5. Shareholders—Requirements.
All shareholders of a corporation formed pursuant to this chapter must be persons duly licensed by this state and actively engaged in the practice of physical therapy, occupational therapy, or speech-language pathology and must, at all times, own their shares in their own right.
A revocable trust may be a shareholder in a corporation organized under this chapter, for so long as the grantor of the revocable trust is living and is eligible to be a shareholder. After the death of the grantor, the shares owned by a revocable trust are subject to any divestiture and redemption provisions of this chapter, as if the shares were directly owned by the grantor of the trust.
Any shareholder who ceases to be an eligible shareholder must dispose of all shares either to the corporation or to a person who is qualified to be a shareholder.
Source: SL 2022, ch 167, §5.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11G - Physical Therapy, Occupational Therapy, And Speech-Language Pathology Corporations › Section 47-11G-6 - Directors and officers.

47-11G-6. Directors and officers.
The president of a corporation formed pursuant to this chapter must be a shareholder and director. To the extent possible, all other directors and officers must be persons having the qualifications set forth in §47-11G-2. Lay directors and officers may not exercise any authority over professional matters.
Source: SL 2022, ch 167, §6.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11G - Physical Therapy, Occupational Therapy, And Speech-Language Pathology Corporations › Section 47-11G-7 - Personal liability--Exception.

47-11G-7. Personal liability--Exception.
An obligation of a corporation formed pursuant to this chapter, whether arising in contract, tort, or otherwise, is the obligation of the corporation and the individual whose act or omission gives rise to the obligation. No shareholder, director, officer, member, or manager is personally liable, directly or indirectly, by way of contribution or otherwise, for the obligation based solely on the person's capacity as a shareholder, director, officer, member, or manager.
The limitation of liability does not extend to amounts owed to this state or its political subdivisions for any taxes, or any penalty or interest on such taxes.
Source: SL 2022, ch 167, §7.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11G - Physical Therapy, Occupational Therapy, And Speech-Language Pathology Corporations › Section 47-11G-8 - Articles of incorporation—Shareholder and employee information.

47-11G-8. Articles of incorporation—Shareholder and employee information.
A copy of the articles of incorporation, certified by the secretary of state, must be filed with the licensing board of each shareholder, together with a certified copy of any amendments. The corporation shall also file the names and addresses of each shareholder and the names and addresses of all persons who are not shareholders but are employed by the corporation and licensed to practice physical therapy, occupational therapy, or speech-language pathology in this state.
The respective licensing board must be notified within ten days if any information required by this section changes.
Source: SL 2022, ch 167, §8.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11G - Physical Therapy, Occupational Therapy, And Speech-Language Pathology Corporations › Section 47-11G-9 - Pension profit sharing, health and accident insurance or welfare plan for employees--Restrictions.

47-11G-9. Pension profit sharing, health and accident insurance or welfare plan for employees--Restrictions.
A corporation formed pursuant to this chapter may adopt a pension profit-sharing, a health and accident, an insurance, or a welfare plan for all or some of its employees, including lay employees, if the plan does not require or result in the sharing of specific or identifiable fees with lay employees, and if any payments made to lay employees or into any such plan on behalf of lay employees are based on their compensation, their length of service, or both, rather than the amount of fees or income received.
Source: SL 2022, ch 167, §9.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 11G - Physical Therapy, Occupational Therapy, And Speech-Language Pathology Corporations › Section 47-11G-10 - Standards of professional conduct--Compliance--Discipline.

47-11G-10. Standards of professional conduct--Compliance--Discipline.
The corporation may not do anything which, if done by a physical therapist, occupational therapist, or speech-language pathologist, would violate the standards of conduct established for those professions.
Nothing in this chapter diminishes or changes the obligation of each physical therapist, occupational therapist, or speech-language pathologist to conduct his or her practice in accordance with the professional standards established by the respective licensing boards.
Source: SL 2022, ch 167, §10.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 12 - Dental Corporations › Section 47-12-1 - Dentists authorized to form business entities.

47-12-1. Dentists authorized to form business entities.
One or more dentists licensed pursuant to chapter 36-6A may associate to form a corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership, registered to do business in this state, to own, operate, and maintain an establishment for the study, diagnosis, and treatment of dental ailments and injuries, to promote dental and scientific research and knowledge, and for any other purpose incident or necessary thereto.
Source:
SL 1963, ch 35, §2; SL 1970, ch 255, §1; SL 1993, ch 344, §39N; SL 2017, ch 194, §1.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 12 - Dental Corporations › Section 47-12-3 - Only dentists or qualified entities to have ownership or control of entity.

47-12-3. Only dentists or qualified entities to have ownership or control of entity.
Each director, manager, member, partner, and shareholder of an entity subject to this chapter shall be a dentist licensed pursuant to chapter 36-6A or a qualified entity. No person other than a licensed dentist or a qualified entity may have any part in the ownership or control of an entity subject to this chapter, nor may any proxy to vote any shares of such entity be given to a person who is not so licensed.
For purposes of this chapter, the term, qualified entity, means any entity subject to this chapter that meets all of the following standards:
(1)Each director, manager, member, partner, and shareholder of the entity shall be a dentist licensed under chapter 36-6A;
(2)The entity is registered to do business in this state; and
(3)The entity has a certificate of registration under this chapter from the State Board of Dentistry.
Source:
SL 1963, ch 35, §14; SL 1970, ch 255, §3; SL 2017, ch 194, §4.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 12 - Dental Corporations › Section 47-12-3.1 - Revocable trust as shareholder, member, or partner--Conditions.

47-12-3.1. Revocable trust as shareholder, member, or partner--Conditions.
Notwithstanding any other provisions of this chapter, a revocable trust may be a shareholder in a corporation, a member in a limited liability company, or a partner in a limited partnership, a limited liability limited partnership, or a limited liability partnership subject to this chapter, for so long as the grantor of the revocable trust is living and is a licensed dentist pursuant to chapter 36-6A.
Source:
SL 2002, ch 205, §7; SL 2017, ch 194, §5.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 12 - Dental Corporations › Section 47-12-7 - Certificate of registration required--Unprofessional or dishonorable conduct.

47-12-7. Certificate of registration required--Unprofessional or dishonorable conduct.
No entity subject to this chapter may open, operate, or maintain an establishment for any of the purposes set forth in §47-12-1 without a certificate of registration from the State Board of Dentistry. It is unprofessional or dishonorable conduct under §36-6A-59.1 to maintain or operate an entity subject to this chapter without a certificate of registration.
Source:
SL 1963, ch 35, §5; SL 2017, ch 194, §9.