South Dakota is a good place for a newly licensed physician to begin a medical practice. South Dakota has a physician shortage, with 64 of 66 counties needing more physicians, especially in rural and border areas where more than half the state's population lives. The state also has a sophisticated healthcare system with fine medical care facilities. You should find South Dakota medical practice rewarding. However, you must first resolve your NBME/USMLE medical licensing exam issues. While the South Dakota Board of Medical and Osteopathic Examiners welcomes your license application, you must still meet the Board's licensing exam requirements, which means resolving your exam issues. Call 888.535.3686 or use our contact form now to retain the Lento Law Firm's premier Student Defense Team for skilled help resolving your NBME/USMLE medical licensing exam issues. Our attorneys are available in Sioux Falls, Rapid City, Aberdeen, Brookings, Watertown, Mitchell, Yankton, Pierre, Spearfish, Vermillion, Brandon, Box Elder, and across the rest of South Dakota for your strategic and effective representation. Preserve and protect your investment in your medical education and license.
South Dakota Medical Practice Support
South Dakota has fine hospitals and healthcare facilities offering you substantial employment opportunities and support for your new medical practice. Those facilities include Avera McKennan Hospital & University Health Center, Sanford USD Medical Center, and Sioux Falls Specialty Hospital, all in Sioux Falls, Rapid City's Monument Health Rapid City Hospital, Aberdeen's Avera St. Luke's Hospital, Mitchell's Avera Queen of Peace Hospital, Watertown's Prairie Lakes Healthcare System, Yankton's Avera Sacred Heart Hospital, and Spearfish's Monument Health Spearfish Hospital. South Dakota State University's College of Nursing, the University of South Dakota's Area Health Education Center and Center for Health Education, Southeast Technical College's Healthcare Training, and other healthcare education programs in the state offer teaching and recruiting opportunities. Let us help you get started on a rewarding South Dakota medical practice by addressing your medical licensing exam issues.
South Dakota Medical Licensing Authority
Under South Dakota Medical Practice Act Section 36-4-4.1, the South Dakota Board of Medical and Osteopathic Examiners operates within the state's Department of Health. Medical Practice Act Section 36-4-8 makes it a Class 1 misdemeanor crime, punishable by up to a year in jail and a $1,000 fine, to practice medicine without a license. Section 36-4-9 prohibits using the title Doctor, prefix Dr., or initials M.D. or D.O. in any way suggesting qualification to practice medicine in the state unless one first has a license. You must not practice medicine or suggest that you have the ability to practice medicine in the state unless you first resolve your medical licensing exam issues to get your South Dakota Board of Medical and Osteopathic Examiners license. If you practice without a license, you may find yourself unable to get a license in the future in South Dakota or any other state. Let us help you resolve your USMLE issues so that you can qualify for licensure and start your permanent South Dakota practice.
South Dakota License Application Requirements
South Dakota Medical Practice Act Section 36-4-11 requires you to apply to the South Dakota Board of Medical and Osteopathic Examiners through the Department of Health for your medical license. Section 36-4-11 expressly requires that your application provide “such information as the board may require” under its administrative rules. Section 36-4-11 also refers repeatedly to providing “satisfactory evidence” or “satisfactory proof” of meeting the state's medical licensure requirements. The statute places the burden on you to meet those requirements, including supplying the necessary attestations and documentation. South Dakota Board of Medical and Osteopathic Examiners Rule 20:47:03:01 requires you to “apply on a form approved by the board.” Rule 20:47:03:03 adds attestation, affidavit, photograph identification, and other application requirements. These statutory and regulatory application requirements mean that your statements must be accurate and complete. Beware of misrepresentations of your medical licensing exam issues that the Board may construe as credential fraud to deny your application. Let us help you update and correct your license application to accurately reflect your exam status.
South Dakota Medical Licensure Requirements
South Dakota Medical Practice Act Section 36-4-11 states the general requirements for a medical license. Those requirements include that you must be at least age eighteen, prove your good moral character, earn a medical degree from an approved program, complete the required post-graduate medical residency, and pass an approved medical licensing exam. Section 36-4-11 expressly authorizes the Board of Medical and Osteopathic Examiners to adopt rules detailing those requirements. Board of Medical and Osteopathic Examiners Rule 20:47:03:03 carries out that authority, for example, specifying two years of medical residency. Rule 20:47:03:03 requires disclosure of abundant other information to ensure that you have not violated Board rules or committed disqualifying crimes or professional misconduct. Let us help you address issues with any of these general licensure requirements while we address your medical licensing issues.
South Dakota Medical Licensing Exam Requirements
South Dakota Medical Practice Act Section 36-4-11 states the general requirements for a medical license, including the medical licensing exam requirement, but does not name the specific exam you may or must take. Section 36-4-17 directly addresses the written medical licensing exam requirement, repeating your need to pass an approved exam and mentioning some sponsoring organizations but without specifying the approved exam. Section 36-4-17 does impose a seven year limit to pass all step exams. Board of Medical and Osteopathic Examiners Rule 20:47:03:03 mentions the FLEX and USMLE exams, implying their Board approval. The Federal of State Medical Boards indicates that South Dakota approves the USMLE and COMLEX exams. Board of Medical and Osteopathic Examiners Rule 20:47:03:03.01 limits attempts to three for each step exam. Let us help you determine whether your medical licensing exam pathway satisfies the South Dakota Board of Medical and Osteopathic Examiners requirements or if we can help you get a special Board waiver or approval.
South Dakota Medical Licensing Exam Issues
South Dakota's Medical Practice Act licensing provisions and South Dakota Board of Medical and Osteopathic Examiners administrative rules require you to make a substantial showing of your qualifications. We understand that you may be frustrated in not being able to fly through your qualification process and even more frustrated and concerned at seeing delays due to medical licensing exam issues. But we know how to address medical licensing exam issues, including the NBME/USMLE policies, rules, and procedures to follow for your relief. Let us help you address your medical licensing exam issues, whether they fall into any of the following common categories, each discussed in the following sections, or in other areas not discussed here:
- attempting to qualify to take the exam;
- attempting to pass each exam step without exhausting attempt limits;
- favorably resolving exam cheating charges;
- overcoming anomalous exam performance disqualification;
- overcoming invalidated exam score disqualification; or
- proving that extenuating circumstances ruined an exam attempt.
South Dakota Licensing Exam Qualification Issues
You might think that qualifying for South Dakota medical licensure is hard enough. But you may have since discovered how hard it can be to qualify for the USMLE and remain qualified throughout the several step exams over a period of years. Applying for a license and applying for the USMLE are similar, requiring proof of identity, qualifying education, and other qualifications. You should coordinate your two applications to ensure consistency. The USMLE's Bulletin of Information lists the USMLE qualification requirements that you must meet to be able to sit for a step exam. You should take the same care in applying for the USMLE as you take when applying for your South Dakota medical license. USMLE officials will watch for credential fraud. USMLE officials commonly raise these issues when a candidate applies for the USMLE:
- your statements on the application contradict one another or contradict your documentation;
- you submitted incomplete, out of date, inaccurate, or unauthenticated documentation;
- you failed to satisfactorily academically progress in your medical school program or otherwise lack good school standing;
- you suffered medical school discipline for unprofessional conduct;
- you still have unresolved medical school academic progress issues or disciplinary charges;
- your medical school lost its accreditation during your enrollment;
- your medical residency director terminated your program, or you suffered program discipline for unprofessionalism;
- you have a disqualifying criminal conviction or domestic violence restraining order;
- you are mentally or physically impaired, or you have a substance abuse, dependency, or addiction;
- your photographic identification doesn't match your other identifying information or
- you lack adequate documentation of your citizenship or lawful immigration status.
How We Address Exam Qualification Issues
Our attorneys know how to promptly address documentation problems. Our appearance as attorneys acting on your behalf alone tends to gain the attention and cooperation of registrars, court clerks, residency directors, and other recordkeepers. We can also communicate clearly the form in which the USMLE requires documentation and help to convey the attested or authenticated documents. If your application had inconsistencies, we can explain and resolve those issues, reassuring USMLE officials of your good character and intent, and innocence of any credential fraud. We can also invoke medical school, medical residency, or court procedures to resolve documentation issues or pending charges or issues so that you can update your USMLE application with the unresolved issues now resolved. We will simultaneously communicate with the South Dakota Board of Medical and Osteopathic Examiners to update your license file.
South Dakota Medical Licensing Exam Attempt Limits
You have the medical education, knowledge, and skills to pass the USMLE. However, we recognize that you may need an additional retake attempt to do so. We know that medical students and graduates frequently fail USMLE step exams as they evaluate and learn how much preparation and what kind of preparation each step exam takes. You may even have been relying on the USMLE's four attempts limit for each step exam without knowing that you would be licensed in South Dakota or without recognizing that the South Dakota Board of Medical and Osteopathic Examiners Rule 20:47:03:03.01 limits attempts to three for each step exam. If you run out of step exam attempts, though, USMLE officials may disqualify you from further attempts and notify the South Dakota Board of Medical and Osteopathic Examiners of your disqualification, leading to the denial of your license application.
How We Address Exam Attempt Limits:
Our attorneys may be able to give you an extra exam attempt if you had an emergency of some kind interfere with an attempt, causing you to miss a scheduled exam counting against your limit or not completing an exam you began. The USMLE offers an extenuating circumstances policy in those cases. We can help you document your illness, accident, injury, or other emergency matter to make a case for the extra attempt. Time is of the essence. USMLE officials prefer or may require prompt notice of your emergency when or shortly after it happens. Don't delay in getting our help. We may also be able to advocate in the same way with the South Dakota Board of Medical and Osteopathic Examiners for an extra attempt beyond its three attempts limit.
South Dakota Licensing Exam Irregular Behavior Issues
You didn't schedule a USMLE step exam expecting to face cheating charges. But cheating charges can come out of the blue, from exam proctors who misidentify you or misunderstand your actions, or from fellow examinees making the same mistakes or even trying to scapegoat you for their own misconduct. You may also have mistakenly carried an unauthorized device or materials into an exam or taken materials out of the exam room when innocent of any intent to gain any advantage. USMLE officials rely on proctors, staff members, fellow examinees, and even anonymous tips to investigate and charge suspected cheating under the USMLE's irregular behavior policy. The USMLE Bulletin of Information lists these and other examples of cheating as a common exam issue:
- harassing, offending, disobeying, or distracting exam proctors;
- presenting fake identification at the exam site to gain illicit entry into the exam room;
- asking an impostor to take your exam and offering to act as an impostor;
- communicating with other examinees during the exam to obtain or supply answers;
- using unauthorized materials or devices during the exam;
- removing confidential exam materials from the exam room;
- obstructing or refusing to cooperate in a cheating investigation;
- claiming you passed an exam you failed;
- registering for a scheduled exam after your exam disqualification.
How We Address Irregular Behavior Charges
How our attorneys assist you when defending USMLE cheating charges depends on the allegations and your explanation for how the charges may have arisen. We have forensics consultants available to us to analyze computers and devices, altered documents, handwriting, and other electronic, print, and physical evidence to determine the facts. We can also gain statements, affidavits, and testimony from you and your exonerating witnesses to present while challenging adverse witnesses through cross-examination or other means. Evidence of your good character and strong academics may also help show you had no need for cheating, lacking any motive for the alleged misconduct. The USMLE Office of the Secretariat's adjudication process permits us to present your defense case to an impartial official or panel with the goal of clearing the charges. We can also keep the South Dakota Board of Medical and Osteopathic Examiners informed of our efforts and the likelihood of a favorable outcome.
South Dakota Anomalous Exam Performance Issues
A very low USMLE step exam score, below the normal distribution for earnest examinees, can cause another common issue. The USMLE's anomalous performance policy authorizes exam officials to disqualify an examinee from retakes if the score is so low that it indicates that the examinee lacked the claimed medical education. Alternatively, a very low score with no apparent effort to complete the exam in good faith could mean that the examinee entered the exam room to assist another examinee, record questions for later distribution, or otherwise cheat. Anomalous performance disqualification may result in the South Dakota Board of Medical and Osteopathic Examiners rejecting your license application.
How We Address Anomalous Exam Performance
The USMLE does not offer a formal adjudication process for anomalous performance disqualification. Instead, we must open informal lines of communication to present your explanation of why you performed so poorly. You may have suddenly become sick or had a medication reaction or mental event. You may alternatively have skipped exam sections or entered correct answers incorrectly, innocently sabotaging your own prepared and earnest effort. Whatever your explanation, we may also be able to show your strong medical school exam performance and academic record to overcome any inference of a lack of required medical education. We can also communicate with the South Dakota Board of Medical and Osteopathic Examiners to show them your likelihood of qualifying for the USMLE and passing the exam.
South Dakota Invalidated Exam Score Issues
USMLE officials can also apply an invalidated score policy to withhold an unusually high exam score so high as to indicate some form of undue advantage. An unusual answer pattern, like all correct answers on previously used questions but incorrect answers on new test questions, may also indicate prior access to exam questions. USMLE officials may have no direct evidence of your cheating, but the invalidated score policy still permits them to withhold the passing score and disqualify the examinee from the exam, leading the South Dakota Board of Medical and Osteopathic Examiners to reject the license application.
How We Address Invalidated Exam Scores
The USMLE also does not offer a formal adjudication process for invalidated exam scores. But we can work to open informal lines of communication to present your explanation for your very high score. You may, for instance, be a very good standardized exam taker. We may be able to show your very high MCAT score and medical school exam scores. Your medical professors may also be willing to attest to your good academic skills and moral character. Our goal would be to get you another chance to pass the exam, again with a high score, if not simply to gain release of the withheld passing score.
South Dakota Medical Board Response to Exam Issues
Assuring the South Dakota Board of Medical and Osteopathic Examiners of our diligent efforts on your behalf can be critical to keeping your license application file open. Board officials have statutory and regulatory duties to act promptly and responsibly on license applications. They generally cannot simply leave a file open for months or years beyond the standard period for processing, at least without good cause for doing so. Our communications should help Board officials avoid making a premature judgment as to the negative outcome of your USMLE issues. Our reputation and relationships can go a long way toward gaining the cooperation and patience of Board officials. Keeping your file open can save you substantial time, trouble, and expense beginning a new application cycle.
South Dakota Administrative Review Procedures
The South Dakota Board of Medical and Osteopathic Examiners may have already rejected your application prematurely before you retained us to address your medical licensing issues. If we cannot convince Board officials to voluntarily reopen your application, or they believe they lack the authority to do so, we can invoke South Dakota Medical Practice Act Section 36-4-33 granting an appeal under the state's administrative procedures act from the adverse Board of Medical and Osteopathic Examiners action. Trust us to take the appropriate administrative action to address your USMLE issues.
Premier South Dakota Medical Licensing Exam Defense
The Lento Law Firm's premier Student Defense Team is available across South Dakota to address and resolve your USMLE medical licensing exam issues. Let us help you promptly qualify for a South Dakota Board of Medical and Osteopathic Examiners license. Our attorneys have helped hundreds of students and graduates across South Dakota and nationwide, in successfully resolving their professional licensing issues and related school issues. Call 888.535.3686 or use our contact form now to retain our skilled and experienced attorneys.
