license, resident license, or certificate from the board, summary suspension of a license, resident
license, or certificate may be ordered pending final action by the Board of Examiners. The Board of
Examiners shall convene a hearing which shall be promptly instituted and determined and take action
as provided in § 36-4-29.
Section 12. That § 36-4-31 be amended to read as follows:
36-4-31. The proceedings for cancellation, revocation, or suspension of a license, resident license, or certificate shall be conducted in compliance with chapter 1-26. However, the Board of Examiners may dispense with the requirement of prior notice and an informal meeting set forth in § 1-26-29 if the board finds that the public health, interest, or safety require otherwise or that willful acts have been alleged.
Section 13. That § 36-4-31.4 be amended to read as follows:
36-4-31.4. Upon application, the Board of Examiners may reissue a license, resident license, or certificate to practice to any person whose license, resident license, or certificate has been canceled, suspended, or revoked. No reissuance of a license, resident license, or certificate which has been canceled or revoked may be made prior to one year after the cancellation or revocation. The reissuance of any license, resident license, or certificate may be made in such manner and form and under conditions as the board may require.
Section 14. That § 36-4-31.5 be amended to read as follows:
36-4-31.5. 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.
Section 15. That § 36-4-31.6 be amended to read as follows:
36-4-31.6. If the grant, denial, or renewal of a license, resident license, or certificate to practice allopathic or osteopathic medicine was previously treated as a contested case resulting in a final decision, the provisions of chapter 1-26 concerning contested cases do not apply unless the Board of Examiners determines that there has been a substantial change of circumstance since the proceedings in the prior contested case.
Section 16. That § 36-4-32 be amended to read as follows:
36-4-32. In case any person holding a license, resident license, or certificate to practice allopathic or osteopathic medicine, surgery and obstetrics shall by any final order or adjudication of any court of competent jurisdiction be adjudged to be mentally incompetent or insane, the license, resident license, or certificate shall be suspended by the board after proceedings in compliance with chapter 1-26, and anything in this chapter to the contrary notwithstanding, such suspension shall continue until the licensee, resident licensee, or certificate holder is found or adjudged by such court to be restored to reason or until the holder of the license, resident license, or certificate is duly discharged as restored to reason in any other manner provided by law and has appeared before the board at a regular or special meeting of the board to apply for such reinstatement. The board may establish such probationary conditions as it deems necessary for the best interests of licensee, resident licensee, or certificate holder.
Section 17. That § 36-4-34 be amended to read as follows:
I certify that the attached Act originated in the
SENATE as Bill No. 118
Secretary of the Senate
President of the Senate
Secretary of the Senate
Senate Bill No. 118
File No. ____
Chapter No. ______
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
Secretary of State