58-17-67. Professional association defined.For purposes of §§58-17-66 to 58-17-87, inclusive, the term, professional association, means any association that meets all of the following criteria:(1)Serves a single profession that requires a significant amount of education, training, or experience or a license or certificate from a state authority to practice the profession;(2)Has been actively in existence for five years;(3)Has a constitution and by-laws or other analogous governing documents;(4)Has been formed and maintained in good faith for purposes other than obtaining insurance;(5)Is not owned or controlled by a carrier or affiliated with a carrier;(6)Does not condition membership in the association on health status of claims experience;(7)Has at least one thousand members if it is a national association; five hundred members if it is a state association; or two hundred members if it is a local association;(8)All members and dependents of members are eligible for coverage regardless of health status or claims experience;(9)Is governed by a board of directors and sponsors annual meetings of its members; and(10)Does not allow producers to market association memberships, accept ess of health status or claims experience;(9)Is governed by a board of directors and sponsors annual meetings of its members; and(10)Does not allow producers to market association memberships, accept applications for memberships, or sign up members. Source: SL 1996, ch 286, §2.
South Dakota Legal Code