Title 36 — PROFESSIONS AND OCCUPATIONS

Terms used in this chapter, unless the context otherwise requires, mean: (1) "Basic science," anatomy, physiology, bacteriology, pathology and chemistry, so far as same relates to the human system or mind as generally treated in each or all of said subjects; (2) "Diagnosis," the …

36-2-2 License required to diagnose or treat human ills--Practice subject to statutory limitations--Violation as misdemeanor. 36-2-3 Use of word "doctor" as evidence of practice--Basic science certificate required. 36-2-4 Legally qualified persons exempt. 36-2-5 Persons holding a…

Nothing contained in this chapter shall be construed to interfere with the practice of those who endeavor to prevent or cure disease or suffering by spiritual means or prayer. Source: SL 1953, ch 130 , § 3; SDC Supp 1960, § 27.0319 (6). 36-2-11. Repealed by SL 1992, ch 158 , § 68…

36-2-12 Injunction to prevent violations--Election of remedies. 36-2-13 Practice statutes not repealed. 36-2-14

Any person violating the provisions of this chapter may be enjoined from further violations in the circuit courts of this state under the rules of civil procedure at the suit of the state's attorney of the county wherein the violations occurred or suit may be brought by any citiz…

This chapter shall not be construed as repealing any existing statute prohibiting the practice of the healing arts or the penalties prescribed for violation thereof. Source: SL 1953, ch 130 , § 5; SDC Supp 1960, § 27.0320. 36-2-14. Transferred to §§ 36-2-1.1 and 36-3-1.1 and repe…

36-2-15 Discrimination between practitioners of vision services prohibited to public employees. 36-2-16 Repealed. 36-2-16.1 Medical record--Definitions. 36-2-16.2 Medical record--Provision upon request. 36-2-16.3 Medical record--Patient portal access fee prohibited. 36-2-16.4 Med…

No official or employee of any department, board, commission, or agency of this state, or of any of its political subdivisions, shall in the performance of official duties interfere with any person's freedom of choice in the selection of practitioners licensed to perform vision s…

Source: SL 1979, ch 236 , § 2; SL 1981, ch 258 , § 3; SL 1992, ch 158 , § 69; SL 2023, ch 134 , § 9.

Terms used in this §§ 36-2-16.1 to 36-2-17 , inclusive, mean: (1) “Electronic health information,” an electronic record of information about a patient’s health, which is: (a) Created, gathered, consulted, and managed by the patient’s health care provider; and (b) Made available t…

Upon receiving a written request or an authorization for release of a medical record, signed by a patient, a health care provider or medical records company shall provide a copy of the patient’s medical record, if available, to the patient or to any person duly authorized by the …

A health care provider may not charge a patient a fee for access to the patient’s electronic health information through a patient portal. Source: SL 2023, ch 134 , § 3.

A health care provider or a medical records company may charge the following fees: (1) For a paper copy of a medical record not specified below, the fee may not exceed ten dollars for the first ten pages and thirty-three cents for each additional page; (2) For an electronic copy …

If a patient directs a health care provider or a medical records company to provide a copy of the patient’s medical record directly to another person designated by the patient, or if a third party requests a copy of a patient’s medical record pursuant to an authorization signed b…

A health care provider or medical records company may charge a fee for providing a signed certification, attesting that the copy of the medical record is an accurate and complete copy of the patient's original medical record on file for the time period specified in the request. T…

Sections 36-2-16.1 to 36-2-16.6 , inclusive, apply to any medical record produced by a health care provider or medical records company pursuant to a subpoena issued under the authority of a court, an administrative body, or other tribunal. Source: SL 2023, ch 134 , § 7.

A health care provider may not restrict or deny, to a parent or guardian who has authority to make health care decisions on behalf of a minor, access to the minor's: (1) Electronic health information; (2) Medical record; or (3) Patient portal. Any agreement between a health care …

A licensee, complying in good faith with §§ 36-2-16.1 to 36-2-16.7 , inclusive, may not be held liable for any injury or damage proximately resulting from that compliance. Source: SL 1981, ch 258 , § 4; SL 2023, ch 134 , § 8.

As used in § 36-2-19 , unaffiliated health care facility is both a health care facility licensed pursuant to chapter 34-12 and any imaging center, pharmacy, surgical center, laboratory, supplier of durable medical equipment, home health agency, rehabilitation facility, or similar…

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…

No person shall in any manner engage in, offer to engage in, or hold himself out as qualified to engage in the diagnosis or treatment of any human ill, unless such person is the holder of a legal and unrevoked license or certificate issued under the laws of South Dakota authorizi…

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.

The Department of Health may establish a program for processing waiver requests for international medical graduates. Source: SL 2001, ch 198 , § 1.

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 processi…

If any person appends to his name the word "doctor" or any contraction thereof, any other word, abbreviation, or designation indicating that he is qualified to make diagnosis or treatment, such shall constitute prima facie evidence that such person is holding himself out as quali…

Nothing contained in this chapter shall be construed to apply to any legally qualified person when engaged exclusively in the practice of his profession, as defined by law. Source: SL 1953, ch 130 , § 3; SDC Supp 1960, § 27.0319 (3).

Nothing contained in this chapter shall be construed to prevent a person holding the doctorate degree in philosophy, education, dentistry, optometry, podiatry, veterinary science, psychology, or any academic field, from appending to his name the word "doctor" or any contraction t…

Nothing contained in this chapter shall be construed to apply to any qualified lay psychoanalyst who is practicing psychoanalysis in cooperation with a physician or doctor of medicine. Source: SL 1953, ch 130 , § 3; SDC Supp 1960, § 27.0319 (5).

Nothing contained in this chapter shall be construed to interfere in any way with a qualified psychologist in the discharge of his professional duties while employed by any state or governmental agency, or any recognized college or university. Source: SL 1953, ch 130 , § 3; SDC S…

Nothing contained in this chapter shall be construed to apply to any person who is qualified and authorized to practice any of the healing arts who is a commissioned officer in the United States Army, Navy, Air Force, or Marine Hospital Service, or of the United States Veterans' …