Title 36 — PROFESSIONS AND OCCUPATIONS

The Board of Examiners shall be authorized to return the examination fee in any case where the applicant has withdrawn his application prior to the date fixed for the examination, or where the board for any reason fails to examine an applicant through no fault on his part, but th…

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 applic…

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.

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, with…

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 …

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 fol…

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; SL 2024, ch 152 , § 16.

Source: SL 1973, ch 2 , § 58; SL 2005, ch 199 , § 3; SL 2024, ch 152 , § 17.

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 br…

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 , …

Each person receiving a resident license under the provisions of this chapter shall apply, on a form prescribed by the board, for a renewal of the resident license. Source: SL 2009, ch 178 , § 5; SL 2013, ch 172 , § 7.

Failure of a person to renew the resident license on or before June thirtieth of each year constitutes a forfeiture of the resident license held by the person. However, the resident license may be renewed at the discretion of the Board of Examiners upon making application on a fo…

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 ha…

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 d…

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…

36-4-20.6 Resident license defined. 36-4-20.7 Issuance of resident license--Application--Fee. 36-4-20.8 Term of resident license. 36-4-20.9 36-4-20.9 to 36-4-20.11. Repealed by SL 2013, ch 172 , §§ 4 to 6. 36-4-20.12 Renewal of resident license. 36-4-20.13 Time for renewal. 36-4-…

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.

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 pr…

Any resident license is valid for a period not exceeding one year from the issue date. The resident license holder shall continue in good standing in an accredited residency program or the resident license is forfeit. No holder of a resident license may engage in providing medica…

36-4-22

36-4-22.1 Board access to premises where medicine practiced--Inspection of drug records and inventories--Refusal as misdemeanor--Confidentiality. 36-4-22.2 Report of facility suspending or revoking licensee's privilege to practice medicine therein--Immunity. 36-4-23 Advertising a…

The Board of Examiners, or any of its officers, agents or employees so authorized, may enter and inspect, during business hours, any place where medicine or osteopathy are practiced for the purpose of enforcing this chapter and rules adopted pursuant hereto. The refusal to allow …

Every facility licensed by the state where medicine is practiced which suspends or revokes the privilege of a licensee of the Board of Medical and Osteopathic Examiners to practice medicine therein for incompetence or unprofessional conduct as defined in this chapter shall report…

No person practicing any of the healing arts shall use the title "doctor" or any contraction thereof, in connection with his business or profession, or any written or printed material, or in connection with any advertising, unless he add after his name the recognized abbreviation…

36-4-24.1 Renewal of license--Form--Fee. 36-4-24.2 Forfeiture of license for failure to renew--Renewal on application. 36-4-24.3 Practice without license, certificate, or permit and renewal prohibited--Violation as misdemeanor. 36-4-25 Immunity from liability for acts of members …

Each person receiving a license under the provisions of this chapter shall apply, on a form approved by the Board of Medical and Osteopathic Examiners, for a renewal of the license. The renewal shall be issued by the secretary upon payment of a biennial fee set by the board, by r…

Failure of a person to renew his license on or before March first in the odd numbered years shall constitute a forfeiture of the license held by such person. However, such license may be renewed at the discretion of the Board of Medical and Osteopathic Examiners upon the payment …

No person required to be licensed, certificated, or permitted under the provisions of this chapter shall practice the person's profession in the State of South Dakota without such active license, certificate, or permit and renewal pursuant to the provisions of this chapter except…

There is no monetary liability on the part of, and no cause of action for damages may arise against, any member of a duly appointed peer review committee engaging in peer review activity comprised of physicians licensed to practice medicine or osteopathy under this chapter, or ag…

Section 36-4-25 shall not be construed to confer immunity from liability on any professional society or hospital. In any case in which, but for the enactment of § 36-4-25 , a cause of action would arise against a hospital or professional society, such cause of action shall exist …

The proceedings, records, reports, statements, minutes, or any other data whatsoever, of any committee described in § 36-4-42 , relating to peer review activities defined in § 36-4-43 , are not subject to discovery or disclosure under chapter 15-6 or any other provision of law, a…

Section 36-4-26.1 does not apply to observations made at the time of treatment by a health care professional present during the patient's treatment or to patient records prepared during the treatment and care rendered to a patient who is personally or by personal representative a…

Any person who falsely personates anyone licensed pursuant to this chapter is guilty of a Class 1 misdemeanor. Source: SL 1949, ch 106 , § 16; SDC Supp 1960, § 27.9943; SL 1977, ch 190 , § 144; SL 1992, ch 158 , § 73.

The Board of Examiners may, in compliance with chapter 1-26 , refuse to grant a license, resident license, or certificate under this chapter because of unprofessional, immoral, or dishonorable conduct on the part of the applicant. Source: SDC 1939, § 27.0305; SL 1949, ch 106 , § …

The Board of Examiners may cancel, revoke, suspend, or limit the license, resident license, or certificate of any physician or surgeon issued under this chapter upon satisfactory proof by a preponderance of the evidence in compliance with chapter 1-26 of such a licensee's, reside…

If the Board of Examiners finds that public health, safety, or welfare imperatively require emergency action, and incorporates a finding to that effect in its order, or has information filed with the board that a holder of a license, resident license, or certificate improperly ob…

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…

The term, unprofessional or dishonorable conduct, as used in this chapter includes: (1) Producing or aiding or abetting a criminal abortion; (2) Employing what is known as cappers or steerers; (3) Obtaining any fee on the assurance that a manifestly incurable disease can be perma…

Any person licensed under chapter 36-4 shall report to the board, within thirty days of the date of the action, any of the acts included in § 36-4-30 and any of the following: (1) Change of contact information, including any change in home address, business address, home phone nu…

The proceedings for cancellation, revocation, or suspension of a license, resident license, or certificate shall be conducted in compliance with chapter 1-26 . However, the Board of Examiners may dispense with the requirement of prior notice and an informal meeting set forth in §…

Upon application, the Board of Examiners may reissue a license, resident license, or certificate to practice to any person whose license, resident license, or certificate has been canceled, suspended, or revoked. No reissuance of a license, resident license, or certificate which …

Testimony of a witness or documentary evidence of any kind on cancellation, revocation, suspension, or limitation proceedings are not subject to discovery or disclosure under chapter 15-6 or any other provision of law, and are not admissible as evidence in any action of any kind …

If the grant, denial, or renewal of a license, resident license, or certificate to practice allopathic or osteopathic medicine was previously treated as a contested case resulting in a final decision, the provisions of chapter 1-26 concerning contested cases do not apply unless t…

In case any person holding a license, resident license, or certificate to practice allopathic or osteopathic medicine, surgery and obstetrics shall by any final order or adjudication of any court of competent jurisdiction be adjudged to be mentally incompetent or insane, the lice…

Any party feeling aggrieved by any acts, rulings, or decisions of the Board of Examiners acting pursuant to § 36-4-31 , shall have the right to appeal the same under the provisions of chapter 1-26 . Source: SDC 1939, §§ 27.0114, 27.0306; SL 1949, ch 106 , § 9; SL 1957, ch 116 ; S…

If it appears from evidence satisfactory to the Board of Examiners that any person has violated the provisions of this chapter or that any licensee, resident licensee, or certificate holder under this chapter has been guilty of unprofessional or dishonorable conduct or is incompe…

The Board of Examiners shall promulgate rules pursuant to chapter 1-26 pertaining to: licensure, fees, and inspections. Source: SL 1949, ch 106 , § 1; SDC Supp 1960, § 27.0301; SL 1969, ch 105 , § 1; revised pursuant to SL 1972, ch 15 , § 4; SL 1986, ch 302 , § 54.

Nothing in this chapter shall in any way prohibit, interfere with or affect whatsoever in any way physicians and surgeons, osteopathic physicians and osteopaths licensed prior to July 1, 1949, from practicing their respective professions in all of the branches that their respecti…

Active patient records controlled by a physician licensed pursuant to this chapter or by his estate may not be transferred to any person not licensed under this chapter unless the records are transferred to the patient or the patient's personal representative or designee, the pat…

Nothing in § 36-4-37 prevents a physician licensed pursuant to this chapter from destroying patient records which have become inactive or for which the whereabouts of the patient is no longer known to the physician. Source: SL 1992, ch 265 , § 2.