36-4-31.5. Evidence in cancellation, revocation, suspension, or limitation proceedings confidential.
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 in any court or arbitration forum, except as hereinafter provided. No person in attendance at any hearing of the Board of Examiners considering cancellation, revocation, suspension, or limitation of a license, resident license, or certificate issued by it may be required to testify as to what transpired at such meeting. The prohibition relating to discovery of evidence does not apply to deny a physician access to or use of information upon which a decision regarding the physician's staff privileges was based. The prohibition relating to discovery of evidence does not apply to any person or the person's counsel in the defense of an action against the person's access to the materials covered under this section.
Source: SL 1985, ch 297, §21; SL 2009, ch 178, §13; SL 2013, ch 172, §14.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 04 - Physicians And Surgeons
Section 36-4-1 - Board of examiners--Appointment and terms of members--Vacancies.
Section 36-4-2 - Composition of board--Qualifications of members.
Section 36-4-2.1 - Lay members of board--Appointment and term of office.
Section 36-4-3 - Officers of board--Executive secretary--Seal.
Section 36-4-4 - Meetings of board.
Section 36-4-4.1 - Board continued within Department of Health--Records and reports.
Section 36-4-6 - Equipment, supplies, and services for board--Expenses restricted to revenue.
Section 36-4-7 - Annual report to Governor.
Section 36-4-8 - Practice of medicine or medical abortion--Severity of crimes.
Section 36-4-8.1 - Corporation prohibited from practice of medicine or osteopathy.
Section 36-4-8.2 - Surgery constituting practice of medicine.
Section 36-4-9 - Use of title and other acts constituting practice of medicine.
Section 36-4-12.1 - Application of medical or osteopathic college for approval--Inspection.
Section 36-4-12.2 - List of approved colleges.
Section 36-4-12.3 - Hearing on refusal to approve college.
Section 36-4-12.4 - Information furnished by approved colleges.
Section 36-4-12.5 - Hearing on refusal to renew approval of college.
Section 36-4-13 - Hospitals recognized for internship--Inspection by board.
Section 36-4-15 - False or fraudulent diploma or affidavit as misdemeanor.
Section 36-4-16 - Return of fee on withdrawal of application or failure to examine.
Section 36-4-17.1 - Examination of applicant with dual MD-PhD degree.
Section 36-4-18 - Grant of license to practice--Type of practice stated on license.
Section 36-4-19 - License based on certificate from national board or another state--Fee.
Section 36-4-20.1 - Locum tenens certificate defined.
Section 36-4-20.4 - Duration of locum tenens certificates--Privileges of certificate holder.
Section 36-4-20.6 - Resident license defined.
Section 36-4-20.7 - Issuance of resident license--Application--Fee.
Section 36-4-20.8 - Term of resident license.
Section 36-4-20.12 - Renewal of resident license.
Section 36-4-20.13 - Time for renewal.
Section 36-4-24.1 - Renewal of license--Form--Fee.
Section 36-4-24.2 - Forfeiture of license for failure to renew--Renewal on application.
Section 36-4-26 - Hospital and society liability not affected by immunity.
Section 36-4-27 - Violation of chapter as misdemeanor.
Section 36-4-28 - Grounds for refusal of license, resident license, or certificate.
Section 36-4-29.1 - Summary suspension of license, resident license, or certificate--Hearing.
Section 36-4-30 - Acts considered unprofessional conduct--Criminal prosecution.
Section 36-4-30.1 - Report of unprofessional conduct and certain changes.
Section 36-4-31.6 - Application of contested case procedure.
Section 36-4-32 - Suspension of license, resident license, or certificate for mental incompetence.
Section 36-4-33 - Appeal from acts, rulings or decisions of Board of Examiners.
Section 36-4-35 - Promulgation of rules by board.
Section 36-4-36 - Previously licensed physicians not affected.
Section 36-4-37 - Transfer of active patient records--Destruction--Notice.
Section 36-4-38 - Destruction of inactive patient records.
Section 36-4-41 - Practice of medicine or osteopathy in South Dakota while located outside of state.
Section 36-4-42 - Peer review committee defined.
Section 36-4-43 - Peer review activities defined.
Section 36-4-44 - Interstate Medical Licensure Compact adopted.
Section 36-4-45 - Use of general funds to support Interstate Medical Licensure Compact prohibited.
Section 36-4-46 - Practice of certified professional midwife.