36-6A-27. Immunity from liability for acts of members of professional committees--Confidentiality of committee communications.
There may be no monetary liability on the part of, and no cause of action for damages may arise against, any member of a duly appointed committee of a state or local professional society, comprised of dentists or dental hygienists, for any act or proceeding undertaken or performed within the scope of the functions of the committee which is formed to maintain the professional standards of the society established by its bylaws, if the committee member acts without malice, has made a reasonable effort to obtain the facts of the matter as to which the committee member acts, and acts in reasonable belief that the action taken by the committee member is warranted by the facts known to the committee member after a reasonable effort to obtain facts. For the purposes of this section, the term, professional society, means any dental organization having as members at least a majority of the eligible licensees in the area served by the particular society. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation. No communications either to or from any committee or its members or its proceedings, if acting as a peer review committee concerning the ethical or professional practices of any dentist are discoverable for any purpose in any civil or criminal action. However, a communication is discoverable in an administrative proceeding as contemplated by chapter 1-26. All such communications are confidential. The committee shall transfer all documentation material to a complaint to the board upon subpoena by the board or upon filing a complaint. The confidentiality provided in this section ceases upon transfer of the material to the board.
Source: SL 1975, ch 233; SL 1981, ch 276; SL 1986, ch 305, §1; SL 1992, ch 269, §19; SL 2015, ch 199, §26.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries
Section 36-6A-1 - Definitions.
Section 36-6A-1.1 - State Board of Dentistry--Members.
Section 36-6A-3 - Appointment and term of lay member.
Section 36-6A-4 - Terms of office--Vacancies.
Section 36-6A-5 - Officers of board.
Section 36-6A-6 - Board continued within Department of Health--Records and reports.
Section 36-6A-8 - Compensation of board members and secretary-treasurer--Expenditures.
Section 36-6A-10 - Board meetings.
Section 36-6A-12 - Removal of member.
Section 36-6A-13 - Immunity from liability.
Section 36-6A-14 - Powers and duties of board.
Section 36-6A-15 - Restrictions on rule-making power of board.
Section 36-6A-17 - Enforcement of chapter.
Section 36-6A-18 - Assistance in enforcement--Expenditures--Employment of attorney.
Section 36-6A-19 - Subpoena power of board--Administration of oaths.
Section 36-6A-20 - Depositions.
Section 36-6A-21.1 - Inspection of premises--Confidentiality of records.
Section 36-6A-22 - Complaints--Records--Investigation--Dismissal--Hearing--Appeal.
Section 36-6A-22.1 - Report of suspension or revocation of practice privilege by facility.
Section 36-6A-23 - Sanctions authorized for violation of chapter.
Section 36-6A-24 - Summary suspension of license or registration--Grounds--Hearing--Appeal.
Section 36-6A-25 - Reinstatement of suspended or revoked license or registration.
Section 36-6A-29 - Fraudulent or misleading advertising--Misdemeanor.
Section 36-6A-31 - License required to practice dentistry--Exclusive responsibility of dentists.
Section 36-6A-32.3 - Prescription or administration of drugs.
Section 36-6A-33 - Persons excluded from unauthorized practice or prohibited services provisions.
Section 36-6A-39 - Fee-splitting as misdemeanor--Partnerships and employment excepted.
Section 36-6A-40.2 - Evidence of hygienist requirements--Fee--Promulgation of rules.
Section 36-6A-43 - Dental technicians.
Section 36-6A-44 - Criteria for license to practice dentistry.
Section 36-6A-44.2 - Criteria for license to practice as dental hygienist.
Section 36-6A-47 - Criteria for license to practice dentistry for person licensed in another state.
Section 36-6A-47.2 - Certified translation of document.
Section 36-6A-48 - Issuance or renewal of license.
Section 36-6A-49 - Temporary registration for dentist or dental hygienist licensed in another state.
Section 36-6A-52 - Annual renewal of license or registration--Information and fee--Notice.
Section 36-6A-54 - Display of certificates.
Section 36-6A-55 - Proof of continuing education or continuing competency.
Section 36-6A-58 - Notice to board of change of name or address.
Section 36-6A-59.1 - Unprofessional or dishonorable conduct.
Section 36-6A-59.2 - Prohibited contracts.
Section 36-6A-60 - Proof of licensure or registration in prosecution for violation.