36-4-34. Injunction to restrain practice for statutory violation, unprofessional conduct, or incompetence--Election of remedies.If it appears from evidence satisfactory to the Board of Examiners that any person has violated the provisions of this chapter or that any licensee, resident licensee, or certificate holder under this chapter has been guilty of unprofessional or dishonorable conduct or is incompetent, the board may apply for an injunction in any court of competent jurisdiction to restrain the person or licensee, resident licensee, or certificate holder from continuing to practice allopathic or osteopathic medicine, surgery, or obstetrics in any of their branches in this state. Application for an injunction is an alternate to criminal proceedings, and the commencement of one proceeding by the board constitutes an election. Source: SL 1957, ch 116; SDC Supp 1960, §27.0311 (15); SDC Supp 1960, §27.0316A as enacted by SL 1969, ch 105, §9; revised pursuant to SL 1972, ch 15, §4; SL 2005, ch 199, §4; SL 2009, ch 178, §16; SL 2013, ch 172, §17.
South Dakota Legal Code