47-11-1. Medical corporations authorized–Formation and purposes–Number of stockholders, directors, and officers. One or more persons licensed pursuant to chapter 36-4, hereinafter referred to as the Medical Practice Act, may associate to form a corporation pursuant to the provisions of law pertaining to private corporations to own, operate, and maintain an establishment for the study, diagnosis, […]
47-11-1.1. Definition of terms. Terms used in this chapter mean: (1)”Articles of incorporation,” includes the articles of organization of a limited liability company; (2)”Corporation,” both corporations under the South Dakota Business Corporations Act and limited liability companies under the South Dakota Limited Liability Company Act; (3)”Director” or “officer,” includes any manager of a limited liability […]
47-11-10. Amending certificate upon change of location. In the event of a change of location of the registered establishment, the Board of Medical and Osteopathic Examiners, in accordance with its regulations, shall amend the certificate of registration so that it shall apply to the new location. Source: SL 1961, ch 29, §8.
47-11-11. Certificate not assignable. No certificate of registration issued under this chapter shall be assignable. Source: SL 1961, ch 29, §9.
47-11-12. Annual renewal of certificate–Conditions. Upon written application of the holder, accompanied by a fee of one hundred dollars, the Board of Medical and Osteopathic Examiners shall annually renew the certificate of registration if the board finds that the corporation has complied with its regulations and the provisions of this chapter. Source: SL 1961, ch […]
47-11-13. Suspension or revocation of certificate–Grounds. The Board of Medical and Osteopathic Examiners may suspend or revoke any certificate of registration issued under this chapter for any of the following reasons: (1)The revocation or suspension of the license to practice medicine of any officer, director, shareholder, or employee not promptly removed or discharged by the […]
47-11-14. Notice and hearing required–Contents of notice. Before any certificate of registration is suspended or revoked, the holder shall be given written notice of the proposed action and the reasons therefor, and shall be given a public hearing by the Board of Medical and Osteopathic Examiners with the right to produce testimony concerning the charges […]
47-11-15. Appeal from denial of certificate–Power of court on appeal. Any corporation whose application for a certificate of registration has been denied or whose registration has been suspended or revoked may, within thirty days after notice of such action by the Board of Medical and Osteopathic Examiners, appeal to the circuit court for the county […]
47-11-16. Service of notice of appeal. Notice of appeal shall be served upon any member of the Board of Medical and Osteopathic Examiners by leaving with such member, or at his usual place of abode, an attested copy thereof within thirty days after the board has notified the appellant of its decision. Source: SL 1961, […]
47-11-17. Physician-patient relationship unaffected. This chapter does not alter any law applicable to the relationship between a physician furnishing medical service and a person receiving such service, including liability arising out of such service. Source: SL 1961, ch 29, §15.
47-11-18. Private corporations law as applicable. The provisions of the law governing private corporations shall be applicable to corporations formed under this chapter, including their organization, and they shall enjoy the powers and privileges and be subject to the duties, restrictions, and liabilities of other corporations, except so far as the same may be limited […]
47-11-19. Severability and saving clause. If any provision of this chapter or the application thereof to any person or circumstances is invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are […]
47-11-2. Corporate name. A corporate name shall end with the word “chartered,” or, the word “limited,” or the abbreviation “Ltd.,” or the words “professional association,” or the abbreviation “P.C.” or “PC”. Corporations that were utilizing the designation “P.A.” on July 1, 1974, but no others, may continue to use that designation. A limited liability company […]
47-11-20. Conflict with Medical Practice Act. If any provision of this chapter conflicts with the Medical Practice Act this chapter shall take precedence. Source: SL 1961, ch 29, §3.
47-11-21. Citation of chapter. This chapter may be cited as “The Medical Corporation Act.” Source: SL 1961, ch 29, §1.
47-11-3. Medical license required for all officers, directors, and shareholders. All of the officers, directors, and shareholders of a corporation subject to this chapter shall at all times be persons licensed pursuant to the Medical Practice Act. No person who is not so licensed shall have any part in the ownership or control of such […]
47-11-3.1. Revocable trust as shareholder–Conditions. Notwithstanding any other provisions of this chapter, a revocable trust may be a shareholder in a corporation or limited liability company organized under this chapter, for so long as the grantor of the revocable trust is living and is eligible to be a shareholder of a corporation organized under this […]
47-11-4. Death of shareholder–Computation of book value. If the articles of incorporation or bylaws of a corporation subject to this chapter fail to state a price or method of determining a fixed price at which the corporation or its shareholders may purchase the shares of a deceased shareholder or a shareholder no longer qualified to […]
47-11-5. Contracts for personal services with licensed persons. Notwithstanding any provision of statute to the contrary any medical corporation licensed under this chapter may enter into contracts for personal services with persons licensed pursuant to the Medical Practice Act for such duration as is agreed to between the parties. Source: SL 1961, ch 29, §14 […]
47-11-6. Employees subject to Medical Practice Act. Each individual employee licensed pursuant to the Medical Practice Act who is employed by a corporation subject to this chapter shall remain subject to reprimand or discipline for his conduct under the provisions of the Medical Practice Act. Source: SL 1961, ch 29, §16.
