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36-4-30Acts considered unprofessional conduct--Criminal prosecution.

The term, unprofessional or dishonorable conduct, as used in this chapter includes:

(1)    Producing or aiding or abetting a criminal abortion;

(2)    Employing what is known as cappers or steerers;

(3)    Obtaining any fee on the assurance that a manifestly incurable disease can be permanently cured;

(4)    Willfully betraying a professional confidence;

(5)    All advertising of medical business in which untruthful or improbable statements are made or which are calculated to mislead or deceive the public;

(6)    Conviction of any criminal offense of the grade of felony, any conviction of a criminal offense arising out of the practice of medicine or osteopathy, or one in connection with any criminal offense involving moral turpitude;

(7)    Habits of intemperance or drug addiction, calculated in the opinion of the Board of Medical and Osteopathic Examiners to affect the licensee's practice of the profession;

(8)    Refusal or neglect to report the existence of a diseased or unsanitary condition to the proper health authorities, as prescribed by the regulations of the board;

(9)    Prescribing intoxicants, narcotics, barbiturates, or other habit-forming drugs to any person in quantities and under circumstances making it apparent to the board that the prescription was not made for legitimate medicinal purposes or prescribing in a manner or in amounts calculated in the opinion of the board to endanger the well-being of an individual patient or the public in general;

(10)    Splitting fees or giving to any person furnishing a patient any portion of the fees received from the patient or paying or giving to any person consideration of any kind for furnishing a patient;

(11)    Failure to disclose one's school of practice or one's professional academic degree when using a professional title or designation;

(12)    Sustaining any physical or mental disability which renders the further practice of a licensee's profession dangerous;

(13)    Failure to comply with state or federal laws on keeping records regarding possessing and dispensing of narcotics, barbiturates, and habit-forming drugs;

(14)    Falsifying the medical records of a patient or any official record regarding possession and dispensing of narcotics, barbiturates, and habit-forming drugs or regarding any phase of medical treatment of a patient;

(15)    Presenting to the board any license, certificate, or diploma which was obtained by fraud or deception practiced in passing a required examination or which was obtained by the giving of false statements or information on applying for the license;

(16)    Illegally, fraudulently, or wrongfully obtaining a license required by this chapter by the use of any means, devices, deceptions, or helps in passing any examination or by making false statements or misrepresentations in any applications or information presented;

(17)    Conviction of violating § 34-23A-10.1;

(18)    Performing medical services which have been declared, by declaratory ruling of the board, to be of no medical value;

(19)    The exercise of influence within the physician-patient relationship for the purposes of engaging a patient in sexual activity. For the purposes of this subdivision, the patient is presumed incapable of giving free, full, and informed consent to sexual activity with the physician;

(20)    Engaging in gross or immoral sexual harassment or sexual contact;

(21)    Consistently providing or prescribing medical services or treatments which are inappropriate or unnecessary;

(22)    Any practice or conduct which tends to constitute a danger to the health, welfare, or safety of the public or patients or engaging in conduct which is unbecoming a person licensed to practice medicine;

(23)    Failure to fulfill a valid obligation to a federal or state student loan or scholarship program for medical school education designed to provide medical services to underserved geographical areas; and

(24)    Discipline by another state, territorial, or provincial licensing board or the licensing board of the District of Columbia.

No person may be criminally prosecuted for conduct described in this section unless such conduct is otherwise unlawful.

Source: SDC 1939, § 27.0307; SL 1949, ch 106, § 10; SL 1957, ch 116; SDC Supp 1960, § 27.0311; SL 1969, ch 105, § 4; SL 1980, ch 245, § 3; SL 1985, ch 297, § 20; SL 1989, ch 320; SL 1992, ch 264, § 1; SL 1995, ch 211.


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