The report card for each state contains the scores it received when we evaluated it for how well it protects patients against sexually abusive doctors. The overall rating is the average of the score the state received in each category. In states with two medical boards, one for osteopathic physicians and the other for medical doctors, the overall rating is based on an average of each board’s scores.
Click on the boxes below to read how South Dakota did on each category — and how we calculated the score for the categories.
In 2003, Brown voluntarily surrendered his license in South Dakota, and the board revoked him for an indefinite period of time.
Learning of those actions, the Montana Board of Medical Examiners sought to find out the underlying reasons, since the doctor also was licensed in that state. But South Dakota wouldn’t tell the Montana medical board, and Brown didn’t respond to the Montana board’s inquiries.
The board eventually found out on its own that in January 2004, Brown was sentenced to prison for 30 years after being convicted on three counts of sexual contact with a child.
Efforts to reach Brown for comment have been unsuccessful.
“We hold that for tort liability purposes, sexual misconduct falls within the definition of malpractice.”
— South Dakota Supreme Court in a 2000 ruling on a civil case involving a doctor who was appealing a malpractice verdict in which three women who accused him of raping them during exams were awarded $1.5 million. The doctor's insurer then appealed, saying it only covered him for professional services and had no duty to indemnify him for rape. The court ruled that the jury properly found that unorthodox methods he used in the women’s exams fell below the standard of care for physicians and so constituted malpractice. He was acquitted of criminal charges in the case.
The state board holds confidential physician hearings from which none of the evidence or testimony is "subject to discovery or disclosure," meaning it cannot be used in action of any kind in court or arbitration. Under state law, "No person in attendance at any hearing of the Board of Examiners considering cancellation, revocation, suspension or limitation of a license,… may be required to testify as to what transpired at such meeting."
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