Title 36 — PROFESSIONS AND OCCUPATIONS

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.

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 o…

Terms as used in this chapter mean: (1) "Board," the State Board of Medical and Osteopathic Examiners; (2) "Collaboration," the consultation with, or referral to, an appropriate physician or other licensed health care provider by a physician assistant, as indicated by: (a) The pa…

The term "collaborative agreement," as used in this chapter, means a contract that: (1) Is signed by a physician assistant, who has not filed an affidavit with the board attesting to the completion of at least six thousand practice hours, and a physician licensed in accordance wi…

A physician assistant may practice without a collaborative agreement if the physician assistant: (1) Is certified by the National Commission on Certification of Physician Assistants; and (2) Files an affidavit with the board attesting to the completion of at least six thousand pr…

The board may license, as a physician assistant in this state, those physician assistants practicing in this state on July 1, 1973. However, such physician assistants are subject to the provisions of this chapter in so far as the chapter provides for a revocation of licenses and …

36-4A-20

36-4A-20.1 Abortion. 36-4A-21 36-4A-21 to 36-4A-26. Repealed by SL 2007, ch 207 , §§ 43 to 48. 36-4A-26.1 Scope of practice--Collaboration. 36-4A-26.2 Natural disaster or state emergency--Scope of practice. 36-4A-26.3 Limited civil liability--Emergency medical assistance--Excepti…

Nothing in this chapter authorizes a physician assistant to effectuate an abortion. Source: SL 2000, ch 189 , § 1; SL 2025, ch 149 , § 10. 36-4A-21 to 36-4A-26. Repealed by SL 2007, ch 207 , §§ 43 to 48.

A physician assistant may provide the following medical and surgical services, for which the physician assistant has been prepared by education, training, and experience, and for which the physician assistant is competent to perform: (1) Evaluate, diagnose, manage, and provide me…

If any physician assistant, licensed in this state, licensed or authorized to practice in any other state or territory of the United States, or credentialed as a physician assistant by a federal employer, is responding to a need for medical care created by a natural disaster or o…

A physician assistant licensed in this state, or licensed or authorized to practice in another state or territory of the United States, is not liable for civil damages for any personal injuries that result from the physician assistant's acts or omissions in rendering emergency ca…

A physician assistant may authenticate any document with the physician assistant's signature, certification, stamp, verification, affidavit, or endorsement, if the document may be authenticated by the signature, certification, stamp, verification, affidavit, or endorsement of a p…

Nothing in this chapter authorizes any physician assistant to perform those specific functions and duties delegated by law to those persons licensed as chiropractors under chapter 36-5 , dentists and dental hygienists under chapter 36-6A , optometrists under chapter 36-7 , podiat…

If any physician assistant renders services in a hospital and related institutions as licensed pursuant to the provisions of chapter 34-12 , the physician assistant is subject to the rules and regulations of that hospital and related institutions. Source: SL 1973, ch 250 , § 4; S…

Source: SL 1973, ch 250 , § 3; SL 1982, ch 273 , § 5; SL 1990, ch 302 , § 2; SL 1991, ch 301 , § 2; SL 1995, ch 214 , § 1; SL 1999, ch 192 , § 6; SL 2007, ch 207 , § 15; SL 2025, ch 149 , § 20.

Source: SL 1994, ch 292 , § 2; SL 1999, ch 192 , § 4; SL 2007, ch 207 , § 16; SL 2025, ch 149 , § 21.

Source: SL 2007, ch 207 , § 17; SL 2025, ch 149 , § 22.

The board shall appoint a physician assistant council composed of three physician assistants. The term of office for each member is three years. No member may be appointed to more than three consecutive, full terms. If a vacancy occurs, the board must appoint a new member to fill…

A physician assistant is professionally and legally responsible for the care that the physician assistant provides. Source: SL 1973, ch 250 , § 3; SL 2007, ch 207 , § 18; SL 2025, ch 149 , § 15.

Nothing in this chapter limits the employment arrangement of a physician and a physician assistant licensed under this chapter. Source: SL 2007, ch 207 , § 19.

A physician assistant license issued by the board must be renewed annually on a date set by the board. To renew a license, a physician assistant shall: (1) Apply on a form prescribed by the board; (2) Submit the renewal fee established in accordance with § 36-4A-34 ; and (3) Subm…

Source: SL 1973, ch 250 , § 15; SL 1999, ch 192 , § 6; SL 2007, ch 207 , § 21; SL 2025, ch 149 , § 23.

Any license not renewed pursuant to § 36-4A-31 is suspended. A license so suspended may be reinstated during the following twelve months by application to the board and payment of the renewal fee and a reinstatement fee as fixed by the board pursuant to §

The board shall set, by rules promulgated pursuant to chapter 1-26 , and shall collect in advance the following nonrefundable fees from applicants: (1) For an initial license, not more than seventy-five dollars; (2) For renewal of a license, not more than one hundred dollars; (3)…

36-4A-36 Collection and disposition of fees--Refunds not permitted. 36-4A-37 Disciplinary action--Grounds. 36-4A-38 Repealed. 36-4A-39 Right of appeal from board. 36-4A-40 Suspension of license for mental incompetence. 36-4A-41 Reissuance of canceled, revoked, or suspended licens…

All fees received by the board and moneys collected under the provisions of this chapter shall be deposited in a bank as authorized by the board. No fee may be refunded. The funds are subject to withdrawal as authorized by the board. A report of all receipts and expenditures shal…

The board may deny the issuance or renewal of a physician assistant license, or suspend or revoke a license, or impose other disciplinary action on a licensee, upon satisfactory proof, in compliance with chapter 1-26 , of the applicant's or licensee's: (1) Professional incompeten…

Source: SL 1973, ch 250 , § 22; SL 2025, ch 149 , § 24.

Any party feeling aggrieved by any acts, rulings, or decision of said board acting pursuant to § 36-4A-37 , shall have the right to appeal the same under the provisions of chapter 1-26 . Source: SL 1973, ch 250 , § 25.

Except as provided in §§ 36-4A-5 and 36-4A-6 , any individual who practices as a physician assistant in this state, without a license issued by the board, is guilty of a Class 1 misdemeanor. Each violation is a separate offense. Source: SL 1973, ch 250 , §§ 19, 20; SL 1977, ch 19…

Except as provided in § 36-4A-6 , an individual who is not licensed under this chapter, but meets the qualifications for licensure under this chapter, may use the title of physician assistant, but may not practice as a physician assistant. Source: SL 2025, ch 149 , § 5.