Title 36, PROFESSIONS AND OCCUPATIONS

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…

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.

Notwithstanding anything in this chapter to the contrary, a physician who holds a permanent, unrestricted license to practice medicine or osteopathy in any other state, in a territory of the United States, in the District of Columbia, or in a Province of Canada is not required to…

A physician who holds an unrestricted license to practice medicine or osteopathy in another state is not required to obtain a license from the State Board of Medical and Osteopathic Examiners to receive training, for a period of ninety days or less, at a facility in this state un…

The Board of Examiners shall hold two regular meetings each year at a time to be fixed by the board. The Board of Examiners may hold special meetings at such other times as necessary. All meetings must be held at the place within the state as the board shall determine. The Board …

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…

Any physician practicing medicine or osteopathy under the circumstances permitted by § 36-4-39 or 36-4-39.1 is subject to supervision and discipline by the State Board of Medical and Osteopathic Examiners in the same manner as any other licensee under this chapter, and practice b…

Any nonresident physician or osteopath who, while located outside this state, provides diagnostic or treatment services through electronic means to a patient located in this state under a contract with a health care provider licensed under Title 36, a clinic located in this state…

For the purposes of §§ 36-4-25 , 36-4-26.1 and 36-4-43 , a peer review committee is one or more persons acting as any committee of a state or local professional association or society, any committee of a licensed health care facility or the medical staff of a licensed health care…

For the purposes of §§ 36-4-25 , 36-4-26.1 and 36-4-42 , peer review activity is the procedure by which peer review committees monitor, evaluate, and recommend actions to improve the delivery and quality of services within their respective facilities, agencies, and professions, i…

The Interstate Medical Licensure Compact is enacted into law and entered into with all other jurisdictions that legally join the compact, which is substantially as follows: INTERSTATE MEDICAL LICENSURE COMPACT SECTION 1: PURPOSE In order to strengthen access to health care, and i…

No state general funds shall be used to support the Interstate Medical Licensure Compact. Source: SL 2015, ch 198 , § 2.

Nothing in this chapter restricts the right of a certified professional midwife to practice in accordance with chapter 36-9C . Source: SL 2017, ch 172 , § 36.

For the purpose of inducing a medical abortion, a pregnant mother may only take the medications Mifepristone or Misoprostol up to nine weeks after conception. Mifepristone and Misoprostol must be prescribed and dispensed by a licensed physician in a licensed abortion facility con…

For the purposes of §§ 34-23A-34 , 36-4-8 , and 36-4-47 , the term, medical abortion, means a procedure that uses medication to intentionally terminate the life of a human being in the uterus, and does not mean a procedure for the management of a miscarriage. Source: SL 2022, ch …

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 faith…

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 fai…

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 .

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, certifi…

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 agreem…

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.