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State of South Dakota
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SEVENTY-SEVENTH
SESSION
LEGISLATIVE ASSEMBLY, 2002 |
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SENATE STATE AFFAIRS COMMITTEE ENGROSSED
NO.
SB 45
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01/18/2002
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Introduced by:
The Committee on State Affairs at the request of the Department of Health
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FOR AN ACT ENTITLED, An Act to
authorize the practice of nonresident physicians in the
state by electronic means facilitated through reciprocal licensure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-4-19 be amended to read as follows:
36-4-19. The Board of Medical and Osteopathic Examiners may, without examination, issue a license to any applicant holding a currently valid license or certificate issued to the applicant by the examining board of the District of Columbia, any state or territory of the United States, the National Board of Medical Examiners, the National Board of Osteopathic Physicians and Surgeons, or any province of Canada,
from which the license was obtained by a written
examination given by the board,
if the legal requirements of the examining board at the time it
issued the license or certificate were not less than those of this state at the time the license is
presented for registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-4-19 be amended to read as follows:
36-4-19. The Board of Medical and Osteopathic Examiners may, without examination, issue a license to any applicant holding a currently valid license or certificate issued to the applicant by the examining board of the District of Columbia, any state or territory of the United States, the National Board of Medical Examiners, the National Board of Osteopathic Physicians and Surgeons, or any province of Canada,
However, the board may require the applicant to
take
successfully pass
either an oral or
written examination and personally appear before the board, a member of the board, or its staff.
Each applicant applying under the provisions of this chapter shall pay to the secretary of the
board a license fee not to exceed two hundred dollars.
Section 2. That § 36-4-41 be amended to read as follows:
36-4-41. Any nonresident physician or osteopath who, while located outside this state, provides diagnostic or treatment services through electronic means to a
person
patient
located
in this state under a contract with a health care provider licensed under Title 36, a clinic located
in this state that provides health services,
a health maintenance organization, a preferred provider
organization,
or a health care facility licensed under chapter 34-12, is engaged in the practice of
medicine or osteopathy in this state.
No nonresident physician or osteopath who, while located
outside this state, consults on an irregular basis with a licensee under this chapter who is located
in this state, is engaged in the practice of medicine or osteopathy in this state.
Consultation
between a nonresident physician or osteopath and a licensee under this chapter is governed by
§
36-2-9.
Section 2. That § 36-4-41 be amended to read as follows:
36-4-41. Any nonresident physician or osteopath who, while located outside this state, provides diagnostic or treatment services through electronic means to a
