South Dakota § 36-4-34 - Injunction to restrain practice for statutory violation, unprofessional conduct, or incompetence--Election of remedies.
Full text of South Dakota South Dakota Codified Laws § 36-4-34 — Injunction to restrain practice for statutory violation, unprofessional conduct, or incompetence--Election of remedies., with citation guidance and answers to common questions.
§ 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.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 36-4-34
What does South Dakota Codified Laws § 36-4-34 cover?
Section 36-4-34 ("Injunction to restrain practice for statutory violation, unprofessional conduct, or incompetence--Election of remedies.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 36-4-34?
A common citation format is "South Dakota Codified Laws § 36-4-34" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 36-4-34 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.