South Dakota Physician's Health Group v. State Ex Rel. Department of Health

PROCEDURAL HISTORY/ISSUES

HENDERSON, Justice.

Plaintiff/Appellant, the South Dakota Physician’s Health Group (Physician’s Group), initiated this action against the State of South Dakota1 in the circuit court for Hughes County. Physician’s Group alleged that SDCL 34-1-20, as amended by 1988 Sess.L.Ch. 273 (H.B. 1272), is unconstitutional and sought to enjoin enforcement of said statute. An amended complaint was subsequently filed, requesting declaratory judgment delineating the scope of the amended statute. The trial court held SDCL 34-1-20 to be constitutional, and denied Physician’s Group…