§ 58-17-67 Professional association defined.

SD Codified L § 58-17-67 (2019) (N/A)

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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 applications for memberships, or sign up members.Source: SL 1996, ch 286, § 2.

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§ 58-17-66 Definitions for 58-17-66 to 58-17-87.

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§ 58-17-68 Professional association plan defined.