20:78:03.01.  Applicability. This chapter applies to the licenses, certificates, and permits issued by the Board of Medical and Osteopathic Examiners under SDCL 36-4 (Physicians and Surgeons), 36-4A (Physician Assistants), 36-4B (Advanced Life Support Personnel), 36-9B (Medical Assistants), 36-10 (Physical Therapists), 36-10B (Dietetics and Nutrition), 36-29 (Athletic Trainers), 36-31 (Occupational Therapists), and 36-36 (Genetic Counselors).

          Source: 38 SDR 127, effective February 7, 2012; 43 SDR 57, effective October 20, 2016.

          General Authority: SDCL 36-4-35, 36-4A-42, 36-4B-35, 36-9B-7, 36-10-36, 36-10B-7, 36-29-17, 36-31-13, 36-36-12.

          Law Implemented: SDCL 36-4-20, 36-4-20.2, 36-4-20.9, 36-4-20.10, 36-4-20.11, 36-4-20.13, 36-4-24.1, 36-4-31.4, 36-4A-1, 36-4A-8, 36-4A-8.1, 36-4B-1, 36-4B-29, 36-9B-1, 36-10B-1, 36-29-1, 36-31-1, 36-36-1.

          20:78:03:02.  Initial review. The executive secretary shall review all license, permit, and certificate applications subject to this chapter to determine if the applicant has submitted all required documents, information, fees, and other materials. The executive secretary shall notify the applicant of any materials missing from the application. The applicant has 120 days to provide the information intended to complete the application.

          Source: 38 SDR 127, effective February 7, 2012; 43 SDR 57, effective October 20, 2016.

          General Authority: SDCL 36-4-35, 36-4A-42, 36-4B-35, 36-9B-7, 36-10-36, 36-10B-7, 36-29-17, 36-31-13, 36-36-12.

          Law Implemented: SDCL 36-4-11, 36-4-17, 36-4-20.2, 36-4-20.7, 36-4-20.10 36-4A-8, 36-4A-8.1, 36-4B-6, 36-4B-13, 36-9B-4, 36-10-27, 36-10-28, 36-10-35.1, 36-10B-6, 36-10B-7, 36-10B-10, 36-29-3, 36-29-3.1, 36-31-5, 36-31-6, 36-31-9, 36-36-5, 36-36-9.

          20:78:03:03.  Incomplete application. If an applicant fails to submit required materials within 120 days of notice that materials are missing from the application, the executive secretary shall designate the application as withdrawn, or, upon receiving a written request showing good cause, may allow an applicant additional time to complete the application. The executive secretary shall notify the applicant if an application is designated as withdrawn.

          The executive secretary's designation of an application as withdrawn may be appealed to the board by written notice filed with the executive secretary within ten days after notice of withdrawal by the executive secretary. If no timely appeal to the board is filed, the executive secretary's designation of an application as withdrawn remains.

          Source: 38 SDR 127, effective February 7, 2012; 43 SDR 57, effective October 20, 2016.

          General Authority: SDCL 36-4-35, 36-4A-42, 36-4B-35, 36-9B-7, 36-10-36, 36-10B-7, 36-29-17, 36-31-13, 36-36-12.

          Law Implemented: SDCL 36-4-11, 36-4-17, 36-4-20.2, 36-4-20.7, 36-4-20.10, 36-4A-8, 36-4A-8.1, 36-4B-6, 36-4B-13, 36-9B-4, 36-10-27, 36-10-28, 36-10-35.1, 36-10B-6, 36-10B-7, 36-10B-10, 36-29-3, 36-29-3.1, 36-31-5, 36-31-6, 36-31-9, 36-36-5, 36-36-9.

          20:78:03.04.  Primary source documentation. The executive secretary shall initiate processing of complete applications after receiving documentation from primary sources to verify that the applicant has met the education, examination, training, or certification requirements of applicable statutes and regulations. The executive secretary shall notify the applicant when all primary source documentation has been received.

          Source: 38 SDR 127, effective February 7, 2012; 43 SDR 57, effective October 20, 2016.

          General Authority: SDCL 36-4-35, 36-4A-42, 36-4B-35, 36-9B-7, 36-10-36, 36-10B-7, 36-29-17, 36-31-13, 36-36-12.

          Law Implemented: SDCL 36-4-11, 36-4-17, 36-4-20.2, 36-4-20.7, 36-4-20.10, 36-4A-8, 36-4A-8.1, 36-4B-6, 36-4B-13, 36-9B-4, 36-10-27, 36-10-28, 36-10-35.1, 36-10B-6, 36-10B-7, 36-10B-10, 36-29-3, 36-29-3.1, 36-31-5, 36-31-6, 36-31-9, 36-36-5, 36-36-9.

          20:78:03:05.  Summary action on application. The executive secretary may summarily deny an application based upon primary source documentation that demonstrates that the applicant has not met the education, examination, training, or certification requirements of applicable statutes and regulations. The executive secretary shall notify the applicant in writing of any summary action taken by the executive secretary. The executive secretary's summary action may be appealed to the board by written notice filed with the executive secretary within ten days after notice of the action taken by the executive secretary. If no timely appeal is filed, the executive secretary's action shall be deemed final board action.

          Source: 38 SDR 127, effective February 7, 2012; 43 SDR 57, effective October 20, 2016.

          General Authority: SDCL 36-4-35, 36-4A-42, 36-4B-35, 36-9B-7, 36-10-36, 36-10B-7, 36-29-17, 36-31-13, 36-36-12.

          Law Implemented: SDCL 36-4-11, 36-4-17, 36-4-20.2, 36-4-20.7, 36-4-20.10, 36-4A-8, 36-4A-8.1, 36-4B-6, 36-4B-13, 36-9B-4, 36-10-27, 36-10-28, 36-10-35.1, 36-10B-6, 36-10B-7, 36-10B-10, 36-29-3, 36-29-3.1, 36-31-5, 36-31-6, 36-31-9, 36-36-5, 36-36-9.

          20:78:03:07.  Application withdrawn during investigation. An applicant may withdraw an application after an investigation has been initiated by the executive secretary. An application withdrawn after investigation has been initiated shall be reported as "withdrawn under investigation" in the board's permanent license files and in any national databases to which the board is required to report licensure action.

          Source: 38 SDR 127, effective February 7, 2012; 43 SDR 57, effective October 20, 2016.

          General Authority: SDCL 36-4-35, 36-4A-42, 36-4B-35, 36-9B-7, 36-10-36, 36-10B-7, 36-29-17, 36-31-13, 36-36-12.

          Law Implemented: SDCL 36-4-11, 36-4-17, 36-4-20.2, 36-4-20.7, 36-4-20.10, 36-4A-8, 36-4A-8.1, 36-4B-6, 36-4B-13, 36-9B-4, 36-10-27, 36-10-28, 36-10-35.1, 36-10-49, 36-10B-6, 36-10B-7, 36-10B-10, 36-29-3, 36-29-3.1, 36-29-26, 36-31-5, 36-31-6, 36-31-9, 36-31-22, 36-36-5, 36-36-9.

          20:78:03:08.  Executive secretary determinations. Upon completion of the review of an application and any associated investigation, the executive secretary may:

          (1)  Summarily issue a license, permit, or certificate if the applicant meets the standards and requirements for licensure established by the applicable statutes or regulations;

          (2)  Recommend the board issue the license, permit, or certificate upon specified terms and conditions; or

          (3)  Recommend the board deny the license, permit, or certification application.

          If the executive secretary recommends issuance of a license, permit, or certificate under specified terms and conditions, or recommends denial of a license, permit, or certificate, the executive secretary shall notify the applicant of the right to contest the executive secretary's recommendation. If contested by the applicant, the executive secretary shall issue a petition for hearing that sets out the recommendation and the reasons for the recommendation, and initiates a contested case hearing. A copy of the petition for hearing shall be sent to the applicant along with a statement that the applicant is entitled to due process rights, including the right to notice and an opportunity to be heard and to be represented by counsel. The executive secretary and applicant may enter into a settlement agreement concerning the recommendation to be made to the board on the application.

          Source: 38 SDR 127, effective February 7, 2012; 43 SDR 57, effective October 20, 2016.

          General Authority: SDCL 36-4-35, 36-4A-42, 36-4B-35, 36-9B-7, 36-10-36, 36-10B-7, 36-29-17, 36-31-13, 36-36-12.

          Law Implemented: SDCL 36-4-18, 36-4-20.2, 36-4-20.7, 36-4-20.10, 36-4-28, 36-4-30, 36-4-31.6, 36-4A-8, 36-4A-8.1, 36-4A-38, 36-4A-39, 36-4B-6, 36-4B-13, 36-4B-31, 36-9B-4, 36-9B-8, 36-10-27, 36-10-28, 36-10-29, 36-10-35.1, 36-10-35.2, 36-10-38, 36-10-40, 36-10-41, 36-10B-3, 36-10B-6, 36-10B-7, 36-10B-10, 36-29-3, 36-29-3.1, 36-29-7, 36-29-22, 36-31-5, 36-31-6, 36-31-9, 36-31-10, 36-31-18, 36-36-5, 36-36-6, 36-36-9, 36-36-13.

          20:78:03:09.  Provisional licenses, permits, or certificates issued pursuant to settlement agreement. The executive secretary may enter into a settlement agreement with an applicant that provides for the issuance of a provisional license, permit, or certificate by the executive secretary. A provisional license, permit, or certificate issued by the executive secretary is valid only until the board takes final agency action on the settlement agreement and notice is provided to the applicant. Board approval of the settlement agreement ratifies the action of the executive secretary and the license, permit, or certificate is valid for its term under any specified terms and conditions. Board disapproval of a settlement agreement voids the provisional license, permit, or certificate upon notice to the applicant. If the board disapproves a settlement agreement, the board shall schedule a contested case hearing for final agency action on the application and require the executive secretary to file a petition for hearing.

          Source: 38 SDR 127, effective February 7, 2012; 43 SDR 57, effective October 20, 2016.

          General Authority: SDCL 36-4-35, 36-4A-42, 36-4B-35, 36-9B-7, 36-10-36, 36-10B-7, 36-29-17, 36-31-13, 36-36-12.

          Law Implemented: SDCL 36-4-18, 36-4-20.2, 36-4-20.7, 36-4-20.10, 36-4-28, 36-4-30, 36-4-31.6, 36-4A-8, 36-4A-8.1, 36-4A-38, 36-4A-39, 36-4B-6, 36-4B-13, 36-4B-31, 36-9B-4, 36-9B-8, 36-10-27, 36-10-28, 36-10-29, 36-10-35.1, 36-10-35.2, 36-10-38, 36-10-40, 36-10-41, 36-10B-3, 36-10B-6, 36-10B-7, 36-10B-10, 36-29-3, 36-29-3.1, 36-29-7, 36-29-22, 36-31-5, 36-31-6, 36-31-9, 36-31-10, 36-31-18, 36-36-5, 36-36-9, 36-36-13.

          20:78:03:10.  Renewals and reinstatement. Renewal and reinstatement applications are subject to the same process as original licenses.

          Source: 38 SDR 127, effective February 7, 2012; 43 SDR 57, effective October 20, 2016.

          General Authority: SDCL 36-4-35, 36-4A-42, 36-4B-35, 36-9B-7, 36-10-36, 36-10B-7, 36-29-17, 36-31-13, 36-36-12.

          Law Implemented: SDCL 36-4-11, 36-4-17, 36-4-20.2, 36-4-20.7, 36-4-20.10, 36-4-20.12, 36-4-24.1, 36-4-24.2, 36-4A-8, 36-4A-8.1, 36-4A-31, 36-4A-32, 36-4A-33, 36-4B-6, 36-4B-13, 36-4B-27, 36-4B-28, 36-9B-4, 36-10-27, 36-10-28, 36-10-33, 36-10-35.1, 36-10B-3, 36-10B-6, 36-10B-7, 36-10B-9, 36-10B-10, 36-29-3, 36-29-3.1, 36-29-11, 36-29-15, 36-31-5, 36-31-6, 36-31-9, 36-31-11, 36-31-19, 36-36-5, 36-36-9, 36-36-11, 36-36-14.

          20:78:03:11.  Staff approval of petition for examination waiver. An applicant who has not passed all parts or steps of the examination required by SDCL chapter 36-4 within the time and manner allowed by SDCL 36-4-17 and 36-4-17.1, but is board-certified by a board of the American Board of Medical Specialties, may submit a petition for waiver of the time and manner requirements of SDCL 36-4-17 and 36-4-17.1, as applicable. The executive secretary may approve the petition and issue a provisional license, which license shall be presented to the Board for approval in the next quarterly report.

          Source: 40 SDR 129, effective January 20, 2014.

          General Authority: SDCL 36-4-35.

          Law Implemented: SDCL 36-4-11, 36-4-11.1, 36-4-17, 36-4-17.1.

          20:78:03:12.  Reciprocity. An applicant who holds a valid medical license issued by another state may be licensed by reciprocity in South Dakota under the provisions of SDCL 36-4-19 only if the applicant has completed a residency program in the United States or Canada; has passed one of the following licensure examinations within the time and manner required by SDCL 36-4-17 and 36-4-17.1, as applicable: examination administered by any state medical licensing board, the Federal Licensure Examination, National Board of Medical Examiners Endorsement of Certification, Osteopathic Medical Licensing Examination - USA, Licentiate of the Medical Council of Canada, or the United States Medical Licensing Examination; has not had any allegations of misconduct or proceedings instituted for the cancellation, conditioning, suspension or revocation of the applicant's license in any state; and completion of a state and federal criminal background investigation.

          Source: 40 SDR 129, effective January 20, 2014.

          General Authority: SDCL 36-4-11, 36-4-35.

          Law Implemented: SDCL 36-4-11, 36-4-11.1, 36-4-12.2, 36-4-17, 36-4-19, 36-4-19.1.