Public-domain · open source
OpenJurist

S.D. Codified Laws § 36-4-29

Grounds for cancellation, revocation, suspension or limitation of license, resident license, or certificate

Applied in 2 court decisions — leading case In Re the Cancellation, Revocation or Suspension of South Dakota State Board of Medical and Osteopathic Examiner's License 1272 Issued to Yemmanur (1989)

Most recently applied in In Re the Medical License of Setliff (May 2002)

Source: SDC 1939, § 27.0306; SL 1949, ch 106, § 9; SL 1957, ch 116; SDC Supp 1960, § 27.0310; SL 1969, ch 105, § 3; SL 1985, ch 297, § 18; SL 1992, ch 265, § 3; SL 1993, ch 272;…

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, resident licensee's, or certificate holder's professional incompetence, or unprofessional or dishonorable conduct, or proof of a violation of this chapter in any respect. However, the board may not base a finding of unprofessional or dishonorable conduct solely on the basis that a licensee, resident licensee, or certificate holder practices chelation therapy.

For the purposes of this section, professional incompetence is a deviation from the statewide standard of competence, which is that minimum degree of skill and knowledge necessary for the performance of characteristic tasks of a physician or surgeon in at least a reasonably effective way.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.