Committee: Senate Health and Human Services
MOTION:
TO APPROVE THE MINUTES OF meeting of January 29, 1997
Moved by:
Senator Brown (Arnold)
Second by:
Senator Lawler
Action:
Prevailed by voice vote.
SB 79:
to repeal the licensure requirement to sell certain poisons.
Proponents:
Galen Jordre, Dept Commerce, Board of Pharmacy
Senator Dunn deferred SB 79 until the meeting on February 5, 1997.
SB 213:
to make certain legislative findings concerning the case of Knowles vs.
United States and to clarify its application to certain practitioners of the healing arts
and their employers.
Proponents:
Senator Olson, Prime Sponsor
Dave Gerdes, General Counsel for SD State Medical Association
Frank Drew, President, Association of Health Care Organizations
Rebekah Cradduck, SD Academy of Physician Assistants
Trudy Feigum,Executive Director,SD Dental Association
21-3-11.
In any action for damages for personal injury or death alleging malpractice against any
physician, chiropractor, dentist, hospital, registered nurse, certified registered nurse anesthetist,
licensed practical nurse or other practitioner of the healing arts under the laws of this state, whether
taken through the court system or by binding arbitration, the total damages which may be awarded
may not exceed the sum of one million dollars
Practitioner means any physician, chiropractor,
dentist, optometrist, podiatrist, dental hygienist, dental assistant, hospital, rural primary care hospital,
registered nurse, licensed practical nurse, certified registered nurse anesthetist, nurse practitioner,
nurse midwife, and physician's assistant
.
In any action for damages for personal injury or death alleging malpractice against any
practitioner, whether taken through the court system or by binding arbitration, the total general
damages which may be awarded may not exceed the sum of five hundred thousand dollars. There
is no limit on the amount of special damages which may be awarded. The limit of five hundred
thousand dollars for general damages against a practitioner for malpractice shall include the
practitioner's employer, limited liability partnership, or limited liability company or corporation
when based on the acts or omissions of the practitioner. This section applies only to causes of action
arising from injuries or death occurring after July 1, 1976.
"
21-3-11.
In any action for damages for personal injury or death alleging malpractice against any
physician, chiropractor, dentist, hospital, registered nurse, certified registered nurse anesthetist,
licensed practical nurse or other practitioner of the healing arts under the laws of this state, whether
taken through the court system or by binding arbitration, the total damages which may be awarded
may not exceed the sum of one million dollars
Practitioner means any physician, chiropractor,
dentist, optometrist, podiatrist, dental hygienist, dental assistant, hospital, rural primary care hospital,
registered nurse, licensed practical nurse, certified registered nurse anesthetist, nurse practitioner,
nurse midwife, and physician's assistant
.
In any action for damages for personal injury or death alleging malpractice against any
practitioner, whether taken through the court system or by binding arbitration, the total general
damages which may be awarded may not exceed the sum of five hundred thousand dollars. There
is no limit on the amount of special damages which may be awarded. The limit of five hundred
thousand dollars for general damages against a practitioner for malpractice shall include the
practitioner's employer, limited liability partnership, or limited liability company or corporation
when based on the acts or omissions of the practitioner. This section applies only to causes of action
arising from injuries or death occurring after July 1, 1976.
"
Doris J. Donner _________________________________
Committee Secretary