Title 36 — PROFESSIONS AND OCCUPATIONS

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' …

Terms used in this chapter mean: (1) "Board," a licensing board authorized in title 36; (2) "Health professionals assistance program," or "program," a confidential program designed to monitor and manage the treatment and continuing care of a health professional who may be unable …

A board may use the program as an alternative to, or in conjunction with, other sanctions that may be imposed by the board. Source: SL 2021, ch 170 , § 2.

Source: SL 1996, ch 227 , § 10; SL 2013, ch 171 , § 10; SL 2021, ch 170 , § 11.

Source: SL 1996, ch 227 , § 11; SL 2013, ch 171 , § 11; SL 2021, ch 170 , § 12.

All records of program participants are confidential and are not subject to discovery or subpoena. Only authorized program personnel may have access to participant records unless the participant voluntarily provides for written release of the information. A board may only have ac…

Any person, agency, institution, facility, or organization making reports to the board or health professionals assistance program regarding an individual suspected of practicing while impaired or reports of a participant's progress or lack of progress in the program is immune fro…

Each board conducting a health professionals assistance program may promulgate rules, pursuant to chapter 1-26 , pertaining to: (1) Program structure; (2) Admission criteria; (3) Criteria for denial of admission; (4) Required participation components; (5) Termination of participa…

Source: SL 1996, ch 227 , § 15; SL 2013, ch 171 , § 15; SL 2021, ch 170 , § 16.

The term, "physician wellness program," as used in §§ 36-2A-16 to 36-2A-19 , inclusive, means a program of evaluation, counseling, or other modality to address an issue related to career fatigue or wellness in a person licensed to practice medicine or osteopathy under chapter 36-…

Any record of a person's participation in a physician wellness program is confidential and not subject to discovery, subpoena, or a reporting requirement to the applicable board, unless the person voluntarily provides for written release of the information or the disclosure is re…

Any statewide association, exempt from taxation under 26 U.S.C. § 501(c)(6) and that primarily represents health care professionals licensed to practice medicine or osteopathy under chapter 36-4 , may establish a physician wellness program. Source: SL 2021, ch 171 , § 3.

Any person, agency, institution, facility, or organization employed by, contracting with, or operating a physician wellness program, when acting in good faith, is immune from civil liability for any action related to their duties in connection with a physician wellness program. S…

A board may conduct, or contract for services with an entity to conduct, a health professionals assistance program to protect the public from impaired persons regulated by the board. The program does not affect a board's authority to discipline violators of a board's practice act…

Source: SL 1996, ch 227 , § 3; SL 2013, ch 171 , § 3; SL 2021, ch 170 , § 4.

Source: SL 1996, ch 227 , § 4; SL 2013, ch 171 , § 4; SL 2021, ch 170 , § 5.

Source: SL 1996, ch 227 , § 5; SL 2013, ch 171 , § 5; SL 2021, ch 170 , § 6.

An applicant that meets admission criteria shall be allowed access to the program by self-referral, board referral, or referral from another person or agency. Program personnel shall advise the applicant of the program requirements and the implications of noncompliance and shall …

Admission to the program is available to any person who meets the admission criteria and: (1) Holds licensure as a health care professional in this state; (2) Is eligible for and in the process of applying for licensure as a health care professional in this state; or (3) Is enrol…

Admission to the program may be denied if the applicant: (1) Is not eligible for licensure in this state; (2) Diverted controlled substances for other than personal use; (3) Creates too great a risk to the public by participating in the program as determined by program personnel;…

The program participation components may include requirements for treatment and continuing care, work-site monitoring, practice restrictions, random drug screening, support group participation, filing of reports, compliance documentation, and other requirements as necessary to ma…

Between twenty-four and seventy-two hours after taking Mifepristone, if the pregnant mother decides to continue with the medical abortion, the pregnant mother must return to the licensed abortion facility to receive the proper amount of Misoprostol. A licensed physician shall dis…

Source: SL 1995, ch 212 ; SL 2002, ch 175 , § 2.

The State Board of Medical and Osteopathic Examiners, hereinafter called the Board of Examiners, consists of: (1) Nine physicians licensed in accordance with this chapter; (2) One physician assistant licensed in accordance with chapter 36-4A ; (3) One emergency medical services p…

Notwithstanding any other provision of this chapter, only the nine physician members and the representative of the public referenced in § 36-4-1 may: (1) Participate in discussion on matters related to the licensure, practice, education, continuing education, investigation, and d…

The provisions of this chapter do not apply to commissioned physicians or surgeons of the United States Army, Navy, Air Force, or Marine Hospital Service or of the United States Veterans' Administration, or the United States Public Health Service in the actual performance of thei…

Any person desiring to engage in the practice of medicine or osteopathy, surgery, or obstetrics in any of their branches in this state shall apply to the Board of Medical and Osteopathic Examiners for a license. The application shall contain such information as the board may requ…

Each applicant for licensure or expedited licensure as a physician in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon applicatio…

36-4-12.1 Application of medical or osteopathic college for approval--Inspection. 36-4-12.2 List of approved colleges. 36-4-12.3 Hearing on refusal to approve college. 36-4-12.4 Information furnished by approved colleges. 36-4-12.5 Hearing on refusal to renew approval of college.…

A medical or osteopathic college seeking approval by the Board of Medical and Osteopathic Examiners shall file with the board an application on forms provided by the board. It shall also provide such other or further information as the board requests in writing. Prior to issuing …

The Board of Medical and Osteopathic Examiners shall keep a written list of all medical and osteopathic colleges which are approved by the board. Source: SL 1985, ch 297 , § 9.

If a medical or osteopathic college applies to the Board of Medical and Osteopathic Examiners for approval and complies with all prerequisites, including a proper application, furnishing all information requested in writing, and provisions of the board relative to an on - site in…

The Board of Medical and Osteopathic Examiners shall review its written list of approved medical and osteopathic colleges on or before the first day of July each year. The board may require any college on its approved list to submit, in writing, additional information requested b…

If a medical or osteopathic college has complied with all prerequisites for a renewal of its approval and the Board of Medical and Osteopathic Examiners decides not to renew the approval of such college, the board shall provide such college with an opportunity for hearing pursuan…

"Hospital approved by the board" means a hospital approved by the Board of Examiners pursuant to § 36-4-22.1 , but a hospital shall not be denied approval without a hearing by the board in compliance with chapter 1-26 , and the board may for the purpose of such hearing inspect sa…

36-4-15 False or fraudulent diploma or affidavit as misdemeanor. 36-4-16 Return of fee on withdrawal of application or failure to examine. 36-4-17 Written examination required--Discrimination between systems of medicine prohibited--Minimum grade--Reexamination--Fee--Preservation …

Any person who submits to the Board of Examiners any false, forged, or fraudulent diploma or one of which he is not the lawful owner, or any false or forged affidavit of identification for the purpose of obtaining from such board any license required by this chapter is guilty of …