36-2-19. Practitioner prohibited from referring patient to certain unaffiliated health care facilities.
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 substantial financial interest without disclosing the general nature of this interest to the patient, the patient's parent or guardian, at the time of the referral. As used in this section, a substantial financial interest is an ownership interest of twenty-five percent or more, a direct creditor's interest in twenty-five percent or more of the facility's debt, or a direct lessor's interest in twenty-five percent of more of a lease to the facility. Immediate family means the spouse and children of the practitioner. Such conduct constitutes grounds for discipline by the practitioner's appropriate licensing board.
Source: SL 1994, ch 290, ยง2.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 02 - Practitioners Of Healing Arts In General
Section 36-2-1 - Definition of terms.
Section 36-2-3 - Use of word "doctor" as evidence of practice--Basic science certificate required.
Section 36-2-4 - Legally qualified persons exempt.
Section 36-2-5 - Persons holding academic degrees exempt.
Section 36-2-6 - Psychoanalysts exempt.
Section 36-2-7 - Psychologists exempt.
Section 36-2-8 - Officers of armed forces and federal service exempt.
Section 36-2-9 - Consulting practitioners from other states exempt.
Section 36-2-10 - Religious practitioners exempt.
Section 36-2-12 - Injunction to prevent violations--Election of remedies.
Section 36-2-17 - Immunity from liability for furnishing records to patient.
Section 36-2-18 - Unaffiliated health care facility.
Section 36-2-20 - Assistance in birth if occurs other than in hospital or medical clinic.
Section 36-2-22 - Department authorized to issue rules for processing waiver requests--Scope--Fee.