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ARTICLE 20:41

CHIROPRACTORS

Chapter

20:41:01             Definitions.

20:41:02             Declaratory rulings.

20:41:03             Initiation, repeal, or amendment of rules, Repealed.

20:41:04             Educational institutions.

20:41:05             Applications for examination.

20:41:06             Other forms.

20:41:07             Annual renewal fees.

20:41:08             Continuing education.

20:41:09             Ethics committee and code of ethics.

20:41:10             Disciplinary actions.

20:41:11             Chiropractic facilities, Repealed.

20:41:12             Chiropractor physician preceptor associate program.

20:41:13             Chiropractic radiography.

20:41:14             Peer review.

20:41:15             Chiropractic assistants.


CHAPTER 20:41:01

DEFINITIONS

Section

20:41:01:01        Definitions.

20:41:01:02        Manipulation/mobilization -- Manipulation/adjustment.


          20:41:01:01.  Definitions. Terms defined in SDCL chapter 36-5 have the same meaning when used in this article. In addition, terms used in this article mean:

 

          (1)  "Board," the Board of Chiropractic Examiners;

 

          (2)  "Committee," a group of licensed chiropractors appointed by the board to perform certain designated functions;

 

          (3)  "Continuing education course," a course of instruction approved by the board 30 days in advance of attendance;

 

          (4)  "Negative peer review," any review by the chiropractic peer review committee of chiropractic service which does not conform to the standards as set forth in §§ 20:41:09:01 and 20:41:14:07;

 

          (5)  "Scope of practice," diagnostic procedures and chiropractic therapeutics as taught in approved chiropractic schools, as defined by § 20:41:04:01, but within the limitations and privileges of SDCL 36-5-1 and 36-5-15.

 

          Source: 1 SDR 24, effective August 28, 1974; 2 SDR 63, effective April 12, 1976; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 121, effective February 21, 1993; 28 SDR 88, effective December 23, 2001; 37 SDR 133, effective January 12, 2011.

          General Authority: SDCL 36-5-4, 36-5-15.2.

          Law Implemented: SDCL 36-5-1, 36-5-3, 36-5-4, 36-5-15, 36-5-19, 36-5-20, 36-5-21.

 


          20:41:01:02.  Manipulation/mobilization -- Manipulation/adjustment. For the purposes of this article, "manipulation/mobilization" is an externally applied mechanical measure. "Manipulation/adjustment" of a joint is defined as a passively applied movement of low amplitude and low or high-velocity thrust which moves the joint into the paraphysiological range. Manipulation is a passive dynamic thrust that causes cavitation or gapping and attempts to restore the manipulated joint's range of motion and neurophysiological function. Manipulation commences where mobilization ends.

 

          Mobilization is a non-thrust, manual therapy. It involves passive movement of a joint within its physiologic range of motion. This is approximately equivalent of the normal range of motion a joint can be taken through by intrinsic musculature. Active range of motion is motion which patients can accomplish by themselves. Mobilization is passive movement within the physiologic joint space administered by a clinician for the purpose of increasing overall range of joint motion.

 

          Figure 1 graphically demonstrates the varying degrees of motion between the two techniques, and their specific classifications.

Rule Image

 

 

 

          Stage 1  The active range of movement (motion produced by muscular action).

          Stage 2  The passive range of movement (motion produced by traction or springing the joint–joint play, up to the elastic barrier of resistance). Characterizes mobilization.

          Stage 3  The paraphysiological range of movement (motion beyond the elastic barrier of resistance up to the limit of anatomical integrity produced by manipulation/adjustment and frequently accompanied by an audible release). Characterizes manipulation/adjustment.

          Stage 4  The pathological movement (motion beyond the limit of normal anatomical integrity, which damages ligaments and capsule, resulting in joint hypermobility).

                          Manipulation/adjustment that is too forceful may move the joint beyond the limit of anatomical integrity, creating or perpetuating joint instability.

 

          Source: 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-1, 36-5-4, 36-5-15.2(1)(3).

          Law Implemented: SDCL 36-5-1, 36-5-4, 36-5-15.2(1)(3).

 

          Reference: Meridel I. Gatterman, "Complications of and Contraindications to Spinal Manipulative Therapy," chap. 4 in Chiropractic Management of Spine Related Disorders, ed. Meridel I. Gatterman (Baltimore: Williams & Wilkins, 1990), 49, fig. 3.1.

 


CHAPTER 20:41:02

DECLARATORY RULINGS

Section

20:41:02:01        Procedure to obtain declaratory ruling.

20:41:02:02        Hearings on petition to obtain declaratory ruling.

20:41:02:03        Decisions.

20:41:02:04        Conduct of hearings.


          20:41:02:01.  Procedure to obtain declaratory ruling. An individual may apply for a declaratory ruling by filing a petition directed to the board which states generally the factual situation existing under which the question arises. The petition must be verified by the petitioner, except that matters not within the personal knowledge of the petitioner may be on information or belief. The petition shall identify all persons who have or claim any interest which would be affected by the declaratory ruling. When declaratory relief is sought all persons who have or claim any interest which would be affected by the declaration shall be made parties.

 

          Source: 1 SDR 24, effective August 28, 1974; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001; 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-4, 36-5-21(4).

          Law Implemented: SDCL 1-26-15, 36-5-21(4).

 


          20:41:02:02.  Hearings on petition to obtain declaratory ruling. A hearing on a petition for declaratory ruling may be held upon ten days written notice to all parties. The hearing must be public; testimony must be recorded on magnetic tape or by other equivalent means. At the request of any person, testimony given at such a hearing must be transcribed. The transcription expense must be borne by each person requesting a transcript. Parties may make their own provisions to have court reporters present at the hearing. Briefs may be filed by interested parties as the board may direct. Hearings shall be conducted in conformity with the provisions of SDCL 1-26-17 to 1-26-26, inclusive.

 

          Source: 1 SDR 24, effective August 28, 1974; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001; 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-4, 36-5-21(4).

          Law Implemented: SDCL 1-26-15, 36-5-21(4).

 


          20:41:02:03.  Decisions. The board may refuse to render or enter a declaratory ruling if such a ruling would not terminate the uncertainty or controversy giving rise to the proceeding. All decisions must be made within 30 days of final submission of the matter to the board.

 

          Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001; 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-4, 36-5-21(4)

          Law Implemented: SDCL 1-26-13, 1-26-15, 36-5-21(4).

 


          20:41:02:04.  Conduct of hearings. Hearings held by the board, unless otherwise required by statute, must be conducted in accordance with the provisions of SDCL chapter 1-26.

 

          Source: 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-4, 36-5-15.2, 36-5-21(4).

          Law Implemented: SDCL 1-26-15, 36-5-21(4).

 


CHAPTER 20:41:03

INITIATION, REPEAL, OR AMENDMENT OF RULES

(Repealed. 2 SDR 63, effective April 12, 1976)


CHAPTER 20:41:04

EDUCATIONAL INSTITUTIONS

Section

20:41:04:01        Approved chiropractic schools.

20:41:04:02        Schools approved by the board of examiners.

20:41:04:03        Repealed.


          20:41:04:01.  Approved chiropractic schools. All applicants for licensure who matriculate in a chiropractic college after October 1, 1975, must present evidence of having graduated from a chiropractic college accredited by the Council on Chiropractic Education.

 

          Source: 1 SDR 24, effective August 28, 1974; 2 SDR 63, effective April 12, 1976; 5 SDR 8, effective August 14, 1978; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 37 SDR 133, effective January 12, 2011.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-8, 36-5-9.

 

          Reference: "Institutions Holding Accredited Status." Copies may be obtained from the Council on Chiropractic Education at www.cce-usa.org.

 


          20:41:04:02.  Schools approved by the board of examiners. The board approves, for the purposes of SDCL 36-5-9, all colleges or universities or junior colleges which are accredited as of December 1, 2010, by the following: Middle States Commission on Higher Education; New England Association of Schools and Colleges, Commission on Institutions of Higher Education; New York State Board of Regents, and the Commissioner of Education; North Central Association of Colleges and Schools, the Higher Learning Commission; Northwest Commission on Colleges and Universities; Southern Association of Colleges and Schools, Commission on Colleges; and Western Association of Schools and Colleges, Accrediting Commission for Senior Colleges and Universities. The board, upon the presentation of an application for examination as provided by chapter 20:41:05, may approve other colleges, universities, or junior colleges.

 

          Source: 1 SDR 24, effective August 28, 1974; 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 37 SDR 133, effective January 12, 2011.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-8, 36-5-9.

 


          20:41:04:03.  Equivalent standards for chiropractic schools. Repealed.

 

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 121, effective February 21, 1993; 28 SDR 88, effective December 23, 2001; repealed, 37 SDR 133, effective January 12, 2011.

 


CHAPTER 20:41:05

APPLICATIONS FOR EXAMINATION

Section

20:41:05:01        Verified general information to be furnished by applicant for examination.

20:41:05:01.01   Application submission more than two years after graduation.

20:41:05:02        Information on education to be provided.

20:41:05:03        Verified information on other licenses and experience.

20:41:05:04        Attachments and other information in connection with application.

20:41:05:04.01   Criminal background investigation required -- Procedure -- Results furnished to board.

20:41:05:05        Reciprocity.

20:41:05:06        Inactive status and reactivation of license.

20:41:05:06.01   Lapse and reinstatement of license.

20:41:05:07        Continuing rights.

20:41:05:08        Repealed.

20:41:05:09        Licensure examination.

20:41:05:10        Financial responsibility.

20:41:05:11        Exemption from financial responsibility.

20:41:05:12        Exemption from licensing requirement for a person licensed in another state.


          20:41:05:01.  Verified general information to be furnished by applicant for examination. Each applicant for examination shall make a written application verified by oath of the applicant. The application must be printed or typewritten, and all questions must be answered completely and correctly. All candidates must appear in person at a regular meeting of the board of chiropractic examiners after submitting their application. The full name, permanent address, birthplace, date of birth, age, and social security number shall be on the application. The applicant shall give particulars as to whether he has ever been arrested for or charged with any crime, other than a traffic violation, whether he is a citizen of the United States, whether he is engaged in any business or vocation other than chiropractic, and his places of residence for the preceding five years.

          Source: 1 SDR 24, effective August 28, 1974; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-10.


          20:41:05:01.01.  Application submission more than two years after graduation. An applicant for examination who completed the educational requirements for licensure more than two years before the date of application may, at the board's direction, be required to retake, complete, and pass the following before the application will be considered:

 

          (1)  Parts I, II, III, IV, and physiotherapy of the examination given by the National Board of Chiropractic Examiners (NBCE); and

 

          (2)  The Special Purposes Examination for Chiropractic (SPEC) with a scaled score of at least 375.

 

          The board may also require the applicant to complete additional board approved continuing education before considering the application. In making its determination, the board shall consider whether the applicant has been licensed in another jurisdiction and has been actively engaged in chiropractic practice since completion of education.

 

          Source: 41 SDR 109, effective January 12, 2015.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-10.

 


          20:41:05:02.  Information on education to be provided. The applicant shall provide the following information concerning education:

          (1)  The year and location of high school graduation;

          (2)  The name, location, dates of attendance, and degrees received from prechiropractic colleges;

          (3)  The name, location, dates of attendance, date of graduation, degree received, and total number of hours from chiropractic colleges.

          Source: 1 SDR 24, effective August 28, 1974; 7 SDR 95, effective April 13, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-10.


          20:41:05:03.  Verified information on other licenses and experience. The applicant shall provide information on any experience or training in a hospital or care of the sick, the name of any state which previously issued a chiropractic license to the applicant, the length of time in practice, the location of practice, whether the license is in force or has been suspended, revoked, or voluntarily discontinued, and the date of issue and certificate number of any national board certificate.

 

          Source: 1 SDR 24, effective August 28, 1974; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-10.

 


          20:41:05:04.  Attachments and other information in connection with application. Each applicant shall attach the following to the application:

 

          (1)  The license fee of $300 made payable to the board, all but $100 of which is refundable if license is not issued;

 

          (2)  An original unretouched photograph taken within six months preceding the date of application, which shows head and shoulders, front view, and is two inches by two inches;

 

          (3)  A certified copy of the applicant's college diploma and grades;

 

          (4)  Certification required by SDCL 36-5-9;

 

          (5)  A certified copy of the applicant's National Board of Chiropractic Examiners diploma and grades; and

 

          (6)  The agreement of the applicant to keep the board fully advised of the applicant's address and to give such assistance as the law may require to aid in the prosecution of violations of the laws of South Dakota pertaining to the practice of chiropractic.

 

          (7)  Two licensed chiropractors must certify that the applicant is not addicted to intoxicants or drugs and must recommend the applicant as a person of high moral character, stating their addresses and the length of time each has known the applicant.

 

          All materials required by this section must be in the secretary-treasurer's office or postmarked 15 days before the examination date.

 

          Source: 1 SDR 24, effective August 28, 1974; 2 SDR 63, effective April 12, 1976; 7 SDR 95, effective April 13, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; last sentence pertaining to examination subjects transferred to § 20:41:05:09, 13 SDR 85, effective January 4, 1987; 19 SDR 121, effective February 21, 1993; 28 SDR 88, effective December 23, 2001; 29 SDR 34, effective September 19, 2002; 32 SDR 32, effective August 31, 2005.

          General Authority: SDCL 36-5-4, 36-5-10, 36-5-11, 36-5-12, 36-5-14.2, 36-5-15.2(4), 36-5-16.

          Law Implemented: SDCL 36-5-4, 36-5-10, 36-5-11, 36-5-12, 36-5-15.2(4), 36-5-16.

 

          Reference: "Institutions Holding Accredited Status," revised July 8, 1992, The Council on Chiropractic Education, 8049 N. 85th Way, Scottsdale, AZ 85258-4321. Copies may be obtained from the above address.

 


          20:41:05:04.01.  Criminal background investigation required -- Procedure -- Results furnished to board. Effective January 1, 2006, each applicant for admission to practice as a chiropractor in this state shall submit to a criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Each applicant shall submit a completed fingerprint card to the board. The board shall submit the cards to the Division of Criminal Investigation prior to the admittance of an applicant. The fingerprint cards shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal record check. The results of the criminal history check shall be given to the board to determine an applicant's qualification for admission pursuant to SDCL 36-5-14.2.

 

          Source: 32 SDR 32, adopted August 11, 2005, effective January 1, 2006.

          General Authority: SDCL 36-5-4, 36-5-10, 36-5-11, 36-5-12, 36-5-14.2, 36-5-15.2(4), 36-5-16.

          Law Implemented: SDCL 36-5-4, 36-5-10, 36-5-11, 36-5-12, 36-5-15.2(4), 36-5-16.

 

          Reference: "Institutions Holding Accredited Status," revised July 8, 1992, The Council on Chiropractic Education, 8049 N. 85th Way, Scottsdale, AZ 85258-4321. Copies may be obtained from the above address.

 


          20:41:05:05.  Reciprocity. The fee for a license granted pursuant to SDCL 36-5-13 is $300, all but $100 of which is refundable if license is not issued. An applicant seeking reciprocity shall include with the written application a certification from the secretary of the applicable state board of chiropractic examiners showing the date, license number, state, and ratings or record of examination of the applicant in chiropractic subjects and basic science subjects, National Board of Chiropractic Examiners diploma and grades, including the general average received, the status of the license issued, and a recommendation concerning good moral character and the worthiness of the applicant for reciprocal recognition. An applicant seeking reciprocity shall also meet the following criteria:

 

          (1)  Has passed all parts of national boards required at the time of graduation;

          (2)  Has actively practiced a minimum of five years immediately preceding the submission of the application;

          (3)  Has no investigations pending; and

          (4)  Has no adverse actions taken by another state board.

 

          After review of an applicant's application and record, if the board has any remaining concerns about an applicant's clinical competency, the board may require the applicant to take and successfully pass the National Board of Chiropractic Examiners (NBCE) Special Purposes Examination for Chiropractic (SPEC) or the National Board of Chiropractic Examiners Part IV Examination. The board shall determine the score for successful passage and shall consider the NBCE recommended score to make that determination.

 

          Source: 1 SDR 24, effective August 28, 1974; 2 SDR 63, effective April 12, 1976; 7 SDR 95, effective April 13, 1981; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001; 29 SDR 34, effective September 19, 2002; 32 SDR 32, effective August 31, 2005; 35 SDR 47, effective September 8, 2008; 37 SDR 133, effective January 12, 2011.

          General Authority: SDCL 36-5-4, 36-5-13.

          Law Implemented: SDCL 36-5-4, 36-5-10, 36-5-13.

 


            20:41:05:06.  Inactive status and reactivation of license. Upon filing with the board a written statement requesting inactive license status and paying the fee prescribed in § 20:41:07:02, the board shall place the licensee on inactive status and issue an inactive license. No person may practice chiropractic in South Dakota with an inactive license. A chiropractor with an inactive South Dakota license and an active license in good standing in another state may, after meeting all other requirements of this chapter, convert to an active South Dakota license by paying the active license fee, submitting a renewal application, and providing verification of continuing education as required by § 20:41:08:02. A chiropractor with an inactive South Dakota license who does not currently have an active license in good standing in another state, may convert to an active license in South Dakota only after successfully passing the National Board of Chiropractic Examiners (NBCE) Special Purposes Examination for Chiropractic (SPEC), the National Board of Chiropractic Examiners Part IV Examination, or both, as determined by the board. The board shall determine the score for successful passage and shall consider the NBCE recommended score to make that determination. If it has been two years or less since a chiropractor had an active license in South Dakota, the board may waive the Special Purposes Examination for Chiropractic (SPEC).

 

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001; 33 SDR 66, effective October 23, 2006; 37 SDR 133, effective January 12, 2011; 41 SDR 109, effective January 12, 2015.

          General Authority: SDCL 36-5-4, 36-5-10, 36-5-12, 36-5-14.2, 36-5-15.2(3)(4).

          Law Implemented: SDCL 36-5-4, 36-5-9, 36-5-10, 36-5-12, 36-5-14.2, 36-5-15.2(3)(4).

 

          Cross-Reference: Annual renewal fees, ch 20:41:07.

 


          20:41:05:06.01.  Lapse and reinstatement of license. If a licensee fails to maintain an active license or secure an inactive license as provided in § 20:41:05:06, the chiropractor's license lapses on the date immediately following the final date of the period for which it was last renewed. A chiropractor with a lapsed South Dakota license and an active license in good standing in another state may, after meeting all other requirements of this chapter, obtain an active South Dakota license by paying the active license fee, submitting a renewal application, and providing verification of continuing education as required by § 20:41:08:02. A chiropractor with a lapsed South Dakota license who does not currently have an active license in good standing in another state, may obtain an active South Dakota license only after successfully passing the National Board of Chiropractic Examiners (NBCE) Special Purposes Examination for Chiropractic (SPEC), the National Board of Chiropractic Examiners Part IV Examination, or both, as determined by the board. The board shall determine the score for successful passage and shall consider the NBCE recommended score to make that determination. If it has been two years or less since the chiropractor had an active license in South Dakota, the board may waive the Special Purposes Examination for Chiropractic (SPEC), the National Board of Chiropractic Examiners Part IV Examination, or both.

 

          Source: 37 SDR 133, effective January 12, 2011; 41 SDR 109, effective January 12, 2015.

          General Authority: SDCL 36-5-4, 36-5-10, 36-5-12, 36-5-14.2, 36-5-15.2(3)(4).

          Law Implemented: SDCL 36-5-4, 36-5-9, 36-5-10, 36-5-12, 36-5-14.2, 36-5-15.2(3)(4).

 


          20:41:05:07.  Continuing rights. The board shall not deny a license in years after 1975 to a person who held a valid 1975 South Dakota chiropractic license, if the denial is based wholly or in part on the fact that the person is not a graduate of an approved chiropractic school or other school as approved by the board pursuant to chapter 20:41:03.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-9, 36-5-14.2.


          20:41:05:08.  Reexamination of unsuccessful applicant.Repealed.

          Source: 13 SDR 85, effective January 4, 1987; repealed, 28 SDR 88, effective December 23, 2001.


          20:41:05:09.  Licensure examination. The board may conduct a written examination of the applicant in those subjects required by SDCL 36-5-12 and in chiropractic orthopedics, neurology, clinical laboratory, nutrition, physiotherapy, spinal and extra-spinal manipulation, meridian therapy, and all other recognized diagnostic, clinical, and therapeutic procedures as taught in board-approved, accredited schools. The ratings of the applicant shall be completed following the written examination and the clinical demonstrations.

          Source: 1 SDR 24, effective August 28, 1974; 2 SDR 63, effective April 12, 1976; 7 SDR 95, effective April 13, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:41:05:04, 13 SDR 85, effective January 4, 1987; 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-4, 36-5-12.

          Law Implemented: SDCL 36-5-12.


          20:41:05:10.  Financial responsibility. Each chiropractor shall obtain and maintain professional liability coverage in an amount not less than $100,000 per claim with a minimum annual aggregate of not less than $300,000 as a prerequisite for licensure or license renewal and shall provide proof of compliance to the board.

          Source: 25 SDR 80, effective December 6, 1998; 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-4, 36-5-14.2, 36-5-15.2(1).

          Law Implemented: SDCL 36-5-4, 36-5-14.2, 36-5-15.2(1).


          20:41:05:11.  Exemption from financial responsibility. Upon application to the board, a chiropractor is exempt from meeting the requirements of § 20:41:05:10 if:

          (1)  The chiropractor practices exclusively as an officer, employee, or agent of the federal government or of the state of South Dakota or its agencies or subdivisions;

          (2)  The person is licensed to practice chiropractic in the state of South Dakota who practices only in conjunction with teaching duties at an accredited school or in its teaching hospitals. Such person may engage in the practice of chiropractic to the extent that the practice is incidental to and a necessary part of duties in connection with the teaching position in the school; or

          (3)  The person holds an active license under the provisions of chapter 20:41:05 who is not practicing chiropractic in the state of South Dakota. If such person initiates or resumes practice in this state, the person shall notify the board of the activity and provide proof of compliance with § 20:41:05:10.

          Source: 25 SDR 80, effective December 6, 1998.

          General Authority: SDCL 36-5-4, 36-5-14.2.

          Law Implemented: SDCL 36-5-14.2.


          20:41:05:12.  Exemption from licensing requirement for a person licensed in another state. The board may exempt a person licensed to practice chiropractic under the laws of another state from the licensure requirements of chapter 20:41:05 if that person:

          (1)  Is practicing in South Dakota on a single, temporary assignment for a specific sporting, performing arts, or educational event not to exceed 15 days, and treats only those participants of the specific event;

          (2)  Is actively engaged in the practice of chiropractic in the state in which the person is licensed;

          (3)  Is in good standing with the board of chiropractic physicians in the state in which the person is licensed; and

          (4)  Has applied for a license at least 15 days prior to the beginning of the scheduled event.

          Source: 25 SDR 80, effective December 6, 1998.

          General Authority: SDCL 36-5-4, 36-5-13.

          Law Implemented: SDCL 36-5-13.


CHAPTER 20:41:06

OTHER FORMS

Section

20:41:06:01        Duplicate certificate.

20:41:06:02        Current address.


          20:41:06:01.  Duplicate certificate. A licensee may obtain a duplicate license from the board by furnishing proof of loss of the original certificate and payment of $5.

          Source: 1 SDR 24, effective August 28, 1974; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4.


          20:41:06:02.  Current address. A licensee shall file his correct mailing address with the secretary-treasurer of the board.

          Source: 1 SDR 24, effective August 28, 1974; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 121, effective February 21, 1993.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4.


CHAPTER 20:41:07

ANNUAL RENEWAL FEES

Section

20:41:07:01        Annual active renewal fee.

20:41:07:02        Annual inactive fee.

20:41:07:03        Renewal application.


          20:41:07:01.  Annual active renewal fee. The annual license renewal fee is $200.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 34, effective September 19, 2002.

          General Authority: SDCL 36-5-4, 36-5-14.1.

          Law Implemented: SDCL 36-5-14.1.


          20:41:07:02.  Annual inactive fee. The annual fee for inactive chiropractors is $50.

 

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 85, effective January 4, 1987; 29 SDR 34, effective September 19, 2002; 37 SDR 133, effective January 12, 2011.

          General Authority: SDCL 36-5-4, 36-5-14.1.

          Law Implemented: SDCL 36-5-4, 36-5-14.1.

 


          20:41:07:03.  Renewal application. All licensees are required to complete a renewal application in such form as required by the board.

 

          Source: 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-14.2.

 


CHAPTER 20:41:08

CONTINUING EDUCATION

Section

20:41:08:01        Continuing education courses.

20:41:08:02        Continuing education hours.

20:41:08:03        Continuing education waiver.

20:41:08:04        Information required for course approval.

20:41:08:05        Approval of courses.


          20:41:08:01.  Continuing education courses. To be counted as continuing education, courses must meet the core curriculum requirements of the Council on Chiropractic Education as approved by the board annually. The board may also approve continuing education courses pursuant to § 20:41:08:04. Sponsors shall conduct approved courses with a certifying officer designated and present at all sessions. The officer shall, without advance notice, check attendance at least three times during each eight-hour block of instruction. The officer shall, within 15 days after the course completion, certify to the board secretary the names of all participants, hours in attendance, subject or subjects taught, name of sponsor, date and place of meeting, and names of all instructors.

 

          The board further accepts courses by PACE Recognized Providers. The Providers are accredited by the Federation of Chiropractic Licensing Boards Providers of Approved Continuing Education (FCLB PACE). The FCLB PACE approved programs satisfy the board's requirements for purpose of the license renewal process. Information can be obtained at the website referenced below. The board may continue to approve other non-FCLB PACE courses and also to deny FCLB PACE courses if deemed necessary.

 

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 121, effective February 21, 1993; 28 SDR 88, effective December 23, 2001; 33 SDR 66, effective October 23, 2006.

          General Authority: SDCL 36-5-4, 36-5-14.2, 36-5-15.2(3)(5).

          Law Implemented: SDCL 36-5-14.2, 36-5-15.2(3)(5).

 

          Note: www.fclb.org (PACE).

 


          20:41:08:02.  Continuing education hours. To maintain an active license, a member must satisfactorily complete a minimum of 40 hours of approved continuing education courses over a 2-year period. The period shall begin on January 1, 1994.

          Source: 2 SDR 63, effective April 12, 1976; 5 SDR 8, effective August 14, 1978; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 121, effective February 21, 1993.

          General Authority: SDCL 36-5-4, 36-5-14.2.

          Law Implemented: SDCL 36-5-14.2.


          20:41:08:03.  Continuing education waiver. The board may, after hearing, waive the continuing education requirements for an applicant presenting sufficient evidence of hardship or illness or other reason making it impossible or highly impractical for the applicant to attend or to have attended a sufficient number of class hours. The waiver may be absolute or conditional.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-16, 36-5-14.2.


          20:41:08:04.  Information required for course approval. A sponsor seeking approval of a continuing education course shall submit the following information:

          (1)  Name, outline, and objective of the course;

          (2)  Sponsor's name;

          (3)  Hours of study planned;

          (4)  Names, educational background, and experience of instructors;

          (5)  Name of certifying officer and method to be used;

          (6)  Textbooks and equipment to be used or required;

          (7)  Whether the course is approved by any accrediting agency; and

          (8)  A course outline.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-1, 36-5-4, 36-5-14.2.


          20:41:08:05.  Approval of courses. The board shall review the information concerning a continuing education course provided under § 20:41:08:04 and may grant or deny approval based on the following:

          (1)  Sponsorship of the course;

          (2)  The qualifications and experience of the instructor;

          (3)  The applicability of the subject matter to the practice of chiropractic as a healing art.

          Source: 19 SDR 121, effective February 21, 1993.

          General Authority: SDCL 36-5-4, 36-5-14.2.

          Law Implemented: SDCL 36-5-1, 36-5-4, 36-5-14.2.

          Cross-Reference: Approved chiropractic schools, § 20:41:04:01.


CHAPTER 20:41:09

ETHICS COMMITTEE AND CODE OF ETHICS

Section

20:41:09:01        Patient care and charges.

20:41:09:01.01   Informed consent.

20:41:09:02        Concealment of patient condition.

20:41:09:03        Referrals.

20:41:09:04        Cooperation with board or ethics committee.

20:41:09:04.01   Doctor-patient confidentiality.

20:41:09:05        Specialty listings.

20:41:09:06        Distributed material.

20:41:09:07        Repealed.

20:41:09:07.01   Advertising.

20:41:09:08        Repealed.

20:41:09:09        Repealed.

20:41:09:10        Unauthorized practice and division of fees.

20:41:09:11        Code of ethics.

20:41:09:12        Ethics opinions.

20:41:09:13        Requests for ethics opinions.

20:41:09:14        Purpose of ethics committee.

20:41:09:15        Composition of ethics committee.

20:41:09:16        Qualifications of ethics committee members.


          20:41:09:01.  Patient care and charges. A chiropractor shall attend the patient as often as necessary to insure continued favorable progress, but shall avoid unnecessary visits. The standards as set forth in § 20:41:14:07 shall be the standards for determining the chiropractic standard of care in the state of South Dakota. No charge may be made which overestimates the advice and services rendered. It is unprofessional conduct for any chiropractor to enter into any contract, agreement, or other arrangement with a patient for care to be rendered in the future. The ability of the patient or insurance carrier to pay cannot be used to justify a charge in excess of the value of the service, although poverty of the patient may require a lesser charge or none at all. A chiropractor may not charge a patient, or a person authorized on behalf of a patient, for the costs of reproduction of chiropractic patient records in excess of the reasonable cost to photocopy the records and for the postage to mail the photocopied records to the patient.

 

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001; 33 SDR 66, effective October 23, 2006; 39 SDR 127, effective January 21, 2013.

          General Authority: SDCL 36-2-16, 36-5-4, 36-5-21(5).

          Law Implemented: SDCL 36-2-16, 36-5-1, 36-5-2, 36-5-4, 36-5-14.2, 36-5-15, 36-5-16, 36-5-21(5).

 


          20:41:09:01.01.  Informed consent. A licensed doctor of chiropractic shall verbally and in writing inform each patient of the material risks of proposed care. For purposes of this section, "material" is a procedure inherently involving known risk of serious bodily harm. The chiropractor shall obtain the patient's written informed consent prior to initiating clinical care. The signed written consent shall become part of the patient's record. A violation of this section constitutes unprofessional conduct and may subject the licensee to disciplinary action.

 

          Source: 39 SDR 127, effective January 21, 2013.

          General Authority: SDCL 36-2-16, 36-5-4, 36-5-21(5).

          Law Implemented: SDCL 36-2-16, 36-5-1, 36-5-2, 36-5-4, 36-5-14.2, 36-5-15, 36-5-16, 36-5-21(5).

 


          20:41:09:02.  Concealment of patient condition. No chiropractor may engage in any practice designed to conceal the condition of a patient in order to secure favorable life insurance or to pretend disease in order to avoid jury or military duty or to exaggerate injury or disease to collect damages or to defeat the rights of another.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-1, 36-5-2, 36-5-4, 36-5-14.2, 36-5-15, 36-5-16.


          20:41:09:03.  Referrals. The chiropractor shall refer a patient to another chiropractor or other health professional upon discovering inability to successfully treat the patient.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-1, 36-5-2, 36-5-4, 36-5-14.2, 36-5-15, 36-5-16.


          20:41:09:04.  Cooperation with board or ethics committee. Chiropractors shall fully cooperate and respond promptly in writing to any complaint filed with the board or the ethics committee and to any inquiry from the board or the ethics committee to the chiropractor. Each chiropractor shall report all acts of suspected dishonesty or incompetence or illegal activities involving other chiropractors to the investigator for the board. Each chiropractor shall report in writing to the board or the ethics committee any claim of malpractice or claim of dishonesty known to the chiropractor to be pending and the name and address of the plaintiff, plaintiff's attorney, location of court file, and general nature of any lawsuit pending against the chiropractor in which any claim of malpractice or dishonesty is made. All such matters shall be reported within 30 days after the service of process in the lawsuit or within 30 days after the chiropractor has knowledge of the existence of such claims, whichever is sooner.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-4, 36-5-21(4).

          Law Implemented: SDCL 36-5-1, 36-5-2, 36-5-4, 36-5-14.2, 36-5-15.2(3), 36-5-16, 36-5-21(4).


          20:41:09:04.01.  Doctor-patient confidentiality. A chiropractor may not reveal information relating to treatment or care of a patient unless:

          (1)  The chiropractor is provided with a medical release signed by the patient authorizing the release of either patient information or patient records, or both;

          (2)  The release of either patient information or patient records, or both, is requested in accordance with SDCL 36-5-19, 36-5-15.2, or 36-5-16 and 36-5-16.1; or

          (3)  The release of either patient information or patient records, or both, is required by law.

          Source: 25 SDR 80, effective December 6, 1998; 29 SDR 34, effective September 19, 2002.

          General Authority: SDCL 36-5-4, 36-5-15.2(1)(2).

          Law Implemented: SDCL 36-5-15, 36-5-15.2(1)(2), 36-5-16, 36-5-16.1, 36-5-19.1.


          20:41:09:05.  Specialty listings. A chiropractor holding a valid specialty certificate of current diplomate status may list the specialty in telephone directories, on professional stationery, and in professional listings. The listings must be approved by the board in advance, with a ruling sought by the listing organization or the individual chiropractor pursuant to chapter 20:41:02.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-1, 36-5-2, 36-5-4, 36-5-14.2, 36-5-15, 36-5-16.


          20:41:09:06.  Distributed material. Distributed or advertised material may not make any promise of special techniques or methods or of cure or imply superiority. Such material may not contain statements that are false or misleading and shall not falsely castigate or criticize other health sciences or make claims that cannot be substantiated by clinical or laboratory or diagnostic procedures.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-4, 36-5-15.2(3), 36-5-20(4), 36-5-21(5).

          Law Implemented: SDCL 36-5-4, 36-5-15.2(3), 36-5-16, 36-5-20(4), 36-5-21(5).


          20:41:09:07.  Directory and professional listings.Repealed.

          Source: 2 SDR 63, effective April 12, 1976; 7 SDR 95, effective April 13, 1981; 12 SDR 117, repealed January 19, 1986.


          20:41:09:07.01.  Advertising. Doctors of chiropractic may not take part in advertising which is false, fraudulent, deceptive, or misleading. Advertising includes, but is not limited to, written, recorded, broadcast, live, or electronic communication. Sanctions may be imposed for the use of improper advertising based upon any of the following grounds:

 

          (1)  Advertising in which untruthful, improper, misleading, or deceptive statements are made;

          (2)  Advertising which guarantees any service or result;

          (3)  Advertising that represents to the public the chiropractor possesses special skill, training, knowledge, or qualifications unless the board has recognized the training or certification on which the representation is based;

          (4)  Advertising the waiver of a payment for any part of a deductible or co-payment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers the chiropractor's services, is otherwise required to pay;

          (5)  Advertising no out-of-pocket expenses or practicing the same;

          (6)  Advertising free or discounted examination or service. Advertising which offers free or discounted service for public service programs must be pre-approved by the board; or

          (7)  Advertising a discount of a fee for any patient that pays in cash at the time of service.

 

          Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 25 SDR 80, effective December 6, 1998; 28 SDR 88, effective December 23, 2001; 39 SDR 127, effective January 21, 2013.

          General Authority: SDCL 36-5-4, 36-5-15.2(1).

          Law Implemented: SDCL 36-5-4, 36-5-15, 36-5-15.2(1), 36-5-20(4), 36-5-21(5).

 


          20:41:09:08.  Group advertising.Repealed.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 117, repealed January 19, 1986.


          20:41:09:09.  Location signs.Repealed.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 117, repealed January 19, 1986.


          20:41:09:10.  Unauthorized practice and division of fees. No chiropractor may permit his or her professional services or name to be used in aid of, or to make possible, the unauthorized practice of chiropractic. Partnerships between chiropractors and others not licensed under SDCL title 36 may not be formed or permitted where any part of the partnership's employment consists of the practice of chiropractic or the partnership would involve use of the chiropractic facilities for any purpose by persons not licensed under SDCL title 36. No division of fees for services is allowed, except with another chiropractor or a person licensed under SDCL title 36, and then based only upon the division of service or responsibility.

          The formation of any business with other professionals licensed under SDCL title 36 shall be made in compliance with SDCL chapter 47-11F.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-4, 36-5-14.3, 47-11F-3.

          Law Implemented: SDCL 36-5-1, 36-5-2, 36-5-4, 36-5-14.2, 36-5-14.3, 36-5-15, 36-5-15.2, 36-5-16, 36-5-21(5), 47-11F-3.


          20:41:09:11.  Code of ethics. A chiropractor shall follow the preamble and parts I - XIV of the 2007 American Chiropractic Association Code of Ethics.

 

          Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 121, effective February 21, 1993; 25 SDR 80, effective December 6, 1998; 29 SDR 34, effective September 19, 2002; 37 SDR 133, effective January 12, 2011.

          General Authority: SDCL 36-5-4, 36-5-15.2(1).

          Law Implemented: SDCL 36-5-4, 36-5-16.

 

          Reference: Copies may be obtained from the American Chiropractic Association at www.acatoday.org.

 


          20:41:09:12.  Ethics opinions. The board or the ethics committee shall issue advisory opinions based upon ethical issues and rule interpretations. These opinions are merely advisory in nature and may not be relied upon in actions brought before the disciplinary board or legal proceedings.

          Source: 25 SDR 80, effective December 6, 1998; 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-4, 36-5-15.2(1), 36-5-21(5).

          Law Implemented: SDCL 36-5-4, 36-5-16, 36-5-21(5).


          20:41:09:13.  Requests for ethics opinions. A request for an advisory opinion may be submitted by any chiropractic physician licensed to practice chiropractic under the laws of the state of South Dakota. The board or the ethics committee shall issue an advisory opinion or declaratory ruling within 90 days of receipt of a written inquiry and mail a copy of the opinion to the inquiring chiropractor.

          Source: 25 SDR 80, effective December 6, 1998; 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-4, 36-5-15.2(1), 36-5-21(4).

          Law Implemented: SDCL 36-5-4, 36-5-16, 36-5-21(4).


          20:41:09:14.  Purpose of ethics committee. There is hereby established an ethics committee, the members of which shall function at the will of the board. The purpose of the ethics committee is to issue advisory opinions based upon ethical issues and rule interpretations. These opinions are merely advisory in nature and may not be relied upon in actions brought before the board or the disciplinary committee or in legal proceedings.

          Source: 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-4, 36-5-21(1).

          Law Implemented: SDCL 36-5-4, 36-5-21(1).


          20:41:09:15.  Composition of ethics committee. The ethics committee shall be comprised of a chair, a secretary, and a minimum of three additional members, who shall be chiropractors appointed by the board and shall serve at the pleasure of the board. At least one member of the ethics committee shall be a former board member. Ethics committee members may be removed from the ethics committee by a vote of the board, at any time, without cause.

 

          Source: 28 SDR 88, effective December 23, 2001; 39 SDR 127, effective January 21, 2013.

          General Authority: SDCL 36-5-4, 36-5-21(2).

          Law Implemented: SDCL 36-5-4, 36-5-21(2).

 


          20:41:09:16.  Qualifications of ethics committee members. To hold a position on the ethics committee, a member shall:

 

          (1)  Hold an active license to practice chiropractic in the state of South Dakota, which license is in good standing with the board; and

          (2)  Have held an active license to practice chiropractic in the state of South Dakota for a period of ten years.

 

          Committee members shall serve terms of three calendar years. No member may serve more than three consecutive terms.

 

          Source: 28 SDR 88, effective December 23, 2001; 39 SDR 127, effective January 21, 2013.

          General Authority: SDCL 36-5-4, 36-5-21(3).

          Law Implemented: SDCL 36-5-4, 36-5-21(3).

 


CHAPTER 20:41:10

DISCIPLINARY ACTIONS

Section

20:41:10:01        Board action in general.

20:41:10:02        Unprofessional conduct.

20:41:10:02.01   Solicitations.

20:41:10:03        Incompetence.

20:41:10:04        Good moral character.

20:41:10:05        Fraud or deception.

20:41:10:05.01   Disciplinary complaints.

20:41:10:05.02   Actions which may warrant sanctions.

20:41:10:05.03   Disciplinary procedures.

20:41:10:05.04   Procedures referred for formal hearing.

20:41:10:05.05   Sanctions

20:41:10:06        Repealed.

20:41:10:06.01   Judicial declaration of incompetence or involuntary commitment.

20:41:10:06.02   Petition by board.

20:41:10:06.03   Burden of proof.

20:41:10:06.04   Respondent's claim of illness or infirmity.

20:41:10:06.05   Application for reinstatement.

20:41:10:06.06   Doctor-patient privilege -- Waiver.

20:41:10:06.07   Judicial declaration of competence.

20:41:10:07        Suspension and probation.

20:41:10:08        Formal reprimands and files.

20:41:10:09        Board hearings -- Procedure.

20:41:10:10        Purpose of disciplinary committee.

20:41:10:11        Composition of the disciplinary committee.

20:41:10:12        Qualifications of disciplinary committee members.


          20:41:10:01.  Board action in general. The board, through a designated investigator or the disciplinary committee, shall promptly investigate all complaints filed in writing with the board or the disciplinary committee and violations which come to the attention of one or more board members.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-4, 36-5-20(4).

          Law Implemented: SDCL 36-5-4, 36-5-15.2(2), 36-5-16, 36-5-20(4).


          20:41:10:02.  Unprofessional conduct. Willfully practicing beyond the scope of practice, violating the terms of suspension or probation ordered by the board or following a course of conduct or practice in violation of SDCL 36-5 or in violation of this article constitutes unprofessional conduct.

 

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 32 SDR 32, effective August 31, 2005.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-16.

 


          20:41:10:02.01.  Solicitation. It is unprofessional conduct for a licensee or the agent of a licensee to solicit any person who is vulnerable to undue influence. For example, without limitation, any person known by the licensee to have recently been involved in a motor vehicle accident, involved in a work-related accident, or injured by, or as the result of the actions of, another person is considered to be vulnerable to undue influence. An agent is a person who renders service to a licensee on a contract basis and is not an employee of the licensee. To solicit is the attempt to acquire a new patient through information obtained from a law enforcement agency, medical facility or the report of any other party, which information indicates that the potential new patient may be vulnerable to undue influence.

 

          Source: 33 SDR 66, effective October 23, 2006.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-16.

 


          20:41:10:03.  Incompetence. Willfully failing to continue professional education or failing to participate in the required continuing education courses or willfully failing to cooperate with and respond in writing within 15 days after personal receipt of a board inquiry or investigation constitutes incompetence.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-16.


          20:41:10:04.  Good moral character. A chiropractor convicted of a crime involving moral turpitude is not of good moral character.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-16.


          20:41:10:05.  Fraud or deception. A person licensed or certified by this board who practices or attempts to practice under an assumed name or who gives or makes a knowingly false statement to the board, is guilty of a fraudulent or deceptive practice. The terms fraud or deception are not limited to this definition.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-16.


          20:41:10:05.01.  Disciplinary complaints. The board, through its investigator or the disciplinary committee, shall promptly investigate any complaints of misconduct or violations filed in writing and signed by a complaining party. The board shall impose appropriate sanctions as established under this chapter to protect the public health, safety, and welfare of the state of South Dakota. The board may also by resolution initiate disciplinary proceedings.

          Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 25 SDR 80, effective December 6, 1998; 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-4, 36-5-15.2(1), 36-5-20(4).

          Law Implemented: SDCL 36-5-4, 36-5-15.2(2), 36-5-20(4).

          Cross-Reference: Procedure in contested cases, SDCL 1-26-16 to 1-26-29.


          20:41:10:05.02.  Actions which may warrant sanctions. The board may impose sanctions based upon any of the following:

 

          (1)  Engaging in conduct outside the scope of chiropractic practice including any conduct or practice contrary to recognized standard of ethics of the chiropractic profession or any conduct or practice which does or might constitute a danger to the health or safety of a patient or the public or any conduct, practice, or condition which does or might impair a chiropractor's ability to safely and skillfully practice chiropractic;

 

          (2)  Failure to continue professional education or failure to participate in the required continuing education courses as provided under the provisions of chapter 20:41:08;

 

          (3)  Failure to maintain current knowledge of statutes, rules, and regulations regarding the practice of chiropractic;

 

          (4)  Failure to cooperate with and respond in writing within 15 days after personal receipt of any board or board authorized committee inquiry or investigation;

 

          (5)  Failure to maintain proper patient records on each patient. Patient records must be clear and legible and include:

 

               (a)   A description of the patient's complaint;

               (b)   A history;

               (c)   A record of diagnostic and therapeutic procedures; and

               (d)   A record of daily documentation which must include subjective data, objective data, assessment, and plan for the patient's care;

 

          (6)  Failure to properly train and supervise staff engaged in patient care, including permitting staff to perform patient treatment outside the doctor's presence;

 

          (7)  Conviction of a felony or misdemeanor involving moral turpitude. A copy of the record of conviction certified to by the clerk of the court entering the conviction is conclusive evidence of the conviction;

 

          (8)  Fraud, misrepresentation, or deception include the following:

 

               (a)   Practicing or attempting to practice chiropractic under a false or assumed name;

 

               (b)   Aiding, assisting, or advising another in the unlicensed practice of chiropractic;

 

               (c)   Fraud or deceit in obtaining a license to practice chiropractic;

 

               (d)   Making false or misleading statements or withholding relevant information regarding the qualifications of any individual in order to attempt to obtain a license or engage in the practice of chiropractic;

 

               (e)   Failing to report past, present, or pending disciplinary action by another licensing board or current status of final administrative disposition of a matter. A licensee is required to report any compromise or settlement of disciplinary action, whether voluntary or involuntary, which results in encumbrance of licensure;

 

               (f)    Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so; or

 

               (g)   Submitting to any insurer or third-party pay or a claim for a service or treatment which was not actually provided to a patient;

 

          (9)  Habitual intemperance in the use of intoxicants or controlled substances to such an extent as to incapacitate the person from the performance of professional duties;

 

          (10)  Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party;

 

          (11)  Improperly interfering with an investigation or inspection authorized by statute or under the provisions of article 20:41 or with any disciplinary proceeding;

 

          (12)  Repeated violations of this chapter;

 

             (13)  Receiving three or more negative peer reviews within any twelve-month period; or

 

          (14)  Any violation of chapter 20:41:09.

 

          Source: 25 SDR 80, effective December 6, 1998; 28 SDR 88, effective December 23, 2001; 32 SDR 32, effective August 31, 2005; 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-4, 36-5-15.2(1), 36-5-20(4).

          Law Implemented: SDCL 36-5-4, 36-5-15.2(2), 36-5-20(4).

 


          20:41:10:05.03.  Disciplinary procedures. Disciplinary procedures shall be initiated by submission of a written complaint or by resolution of the board. Disciplinary procedures shall be conducted as follows:

 

          (1)  Each written complaint or board resolution for disciplinary investigation shall be given to the board investigator or the disciplinary committee. The investigator shall forward a copy of the complaint to each committee member and shall investigate and prepare a report to be presented to the committee;

 

          (2)  The investigator shall acknowledge receipt of the complaint;

 

          (3)  The investigator shall notify the chiropractic physician that a complaint has been received and request a response within 15 days to be mailed to the investigator. The notice shall include the basis for the complaint, including the name of the complaining party, and the name of the investigator assigned to investigate the complaint. A copy of these rules of procedure shall accompany the notice. The chiropractic physician shall promptly and appropriately respond to any request of the investigator or any committee member;

 

          (4)  The investigator shall notify the complainant that the chiropractic physician has been notified of the allegations and requested to respond within 15 days and that the response shall be forwarded to the complainant;

 

          (5)  The investigator shall prepare a report to present to the full committee for review. The report shall include the identity of the complainant, the allegations which form the basis of the complaint, the position of the chiropractic physician against whom the complaint is lodged, and the proposed action, if any, that should be taken with regards to the complaint;

 

          (6)  Upon presentation of the report to the full committee, the committee shall review the report and act upon the information before it, in one of the following manners, to-wit:

 

               (a)  Dismiss the complaint if frivolous or clearly unfounded in fact; or

               (b)  Initiate an informal inquiry or take such further action as the committee deems appropriate;

 

          (7)  If the committee dismisses the complaint, the investigator shall give notice to the complainant and the chiropractic physician that the complaint has been reviewed with the determination that no board action is warranted;

 

          (8)  If the committee finds the complaint to have merit, the committee shall afford the chiropractic physician complained against a reasonable opportunity to state the chiropractic physician's position with respect to the allegations against the physician. The hearing shall take the form of an informal conference between the committee and the chiropractic physician complained against; and

 

          (9)  After an informal inquiry, the committee may dismiss or, if the complaint has merit, refer to the full board for a formal hearing. In lieu of referral to the full board, the committee and the chiropractic physician may enter a remedial stipulation satisfactory to both the chiropractic physician and the committee. If a remedial stipulation is entered, the referral may not take place if the terms of the remedial stipulation are successfully completed and the committee shall notify the complainant that the matter has been resolved in this manner. The complainant is not entitled to a copy of the remedial stipulation.

 

          Nothing in this section may be construed to limit the board's power to act itself, or through the disciplinary committee, or a subcommittee of the disciplinary committee consisting of the investigative officer, the executive director of the board, and one other member of the disciplinary committee, pursuant to SDCL 1-26-29.

 

          Source: 25 SDR 80, effective December 6, 1998; 28 SDR 88, effective December 23, 2001; 33 SDR 66, effective October 23, 2006; 37 SDR 133, effective January 12, 2011.

          General Authority: SDCL 36-5-4, 36-5-15.2(1), 36-5-20(4).

          Law Implemented: SDCL 36-5-4, 36-5-15.2(2), 36-5-20(4).

 


          20:41:10:05.04.  Procedures referred for formal hearing. A formal hearing may be conducted by the board, or a hearing examiner, pursuant to SDCL chapter 1-26.

 

          Source: 25 SDR 80, effective December 6, 1998; 28 SDR 88, effective December 23, 2001; 33 SDR 66, effective October 23, 2006; 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-4, 36-5-15.2(1), 36-5-20(4).

          Law Implemented: SDCL 36-5-4, 36-5-15.2(2), 36-5-17, 36-5-20(4).

 


          20:41:10:05.05.  Sanctions. The board may impose any of the following sanctions or a combination thereof:

 

          (1)  Formal reprimand;

          (2)  Probation of license to practice chiropractic in the state of South Dakota;

          (3)  Suspension of license to practice chiropractic in the state of South Dakota;

          (4)  Revocation of license to practice chiropractic in the state of South Dakota; or

          (5)  Restitution and payment of all expenses of the investigation and proceedings.

 

          Any sanction imposed by the board upon a licensee must be reported to the central reporting agency of which the board is currently a member at the time of the imposition of the sanction for the purpose of disseminating sanctioning information to licensing boards of other states.

 

          Source: 25 SDR 80, effective December 6, 1998; 28 SDR 88, effective December 23, 2001; 29 SDR 34, effective September 19, 2002; 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-2.2, 36-5-4, 36-5-15.2(1), 36-5-16, 36-5-16.1.

          Law Implemented: SDCL 1-26-29.1, 36-5-4, 36-5-15.2(2), 36-5-16, 36-5-16.1.

 


          20:41:10:06.  Revocation and refusal.Repealed.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 117, repealed January 19, 1986.


          20:41:10:06.01.  Judicial declaration of incompetence or involuntary commitment. If a person licensed or certified by this board has been judicially declared incompetent or involuntarily committed to a mental hospital or treatment center, the board of chiropractic examiners, upon proof of the fact, shall enter an order either placing the person on inactive status or suspending the person from the practice of chiropractic or chiropractic radiography for an indefinite period until further order of the board. A copy of the order shall be served upon the person, the person's guardian, and the director of the mental hospital by certified mail, return receipt requested.

          Source: 5 SDR 8, effective August 14, 1978; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-16, 36-5-16.1.


          20:41:10:06.02.  Petition by board. If any interested person petitions the board or the disciplinary committee to determine whether a person licensed or certified by this board is incapacitated by reason of mental infirmity or illness or because of addiction to drugs or intoxicants, the board or the committee may take or direct action to determine whether the person is so incapacitated, including the examination of the person by such qualified medical experts as the board designates. If the board concludes that the person is incapacitated from continuing to practice chiropractic or chiropractic radiography, it shall enter an order either placing the person on inactive status or suspending the person on the ground of the disability for an indefinite period until further order of the board. Any pending disciplinary proceeding against the person shall be held in abeyance. The board shall provide notice to the respondent of proceedings in the matter in accordance with SDCL chapter 1-26 and may appoint an attorney to represent the respondent if the person is without representation.

          Source: 5 SDR 8, effective August 14, 1978; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-4, 36-5-20(4).

          Law Implemented: SDCL 36-5-4, 36-5-16, 36-5-16.1, 36-5-20(4).


          20:41:10:06.03.  Burden of proof. In a proceeding seeking an order of inactive status, probation, or suspension based upon the reasons set forth under § 20:41:10:06.01 or 20:41:10:06.02, the burden of proof shall rest with the party filing the complaint. In a proceeding seeking an order terminating inactive status or suspension, the burden of proof shall rest with the person who is inactive or suspended.

          Source: 5 SDR 8, effective August 14, 1978; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-4, 36-5-20(4).

          Law Implemented: SDCL 36-5-4, 36-5-16, 36-5-16.1, 36-5-20(4).


          20:41:10:06.04.  Respondent's claim of illness or infirmity. If, during the course of a disciplinary proceeding, the respondent contends that he is suffering from a disability by reason of mental or physical infirmity or illness or addiction to drugs or intoxicants, which makes it impossible for the respondent to present an adequate defense, the board shall enter an order immediately suspending the respondent from continuing to practice chiropractic or chiropractic radiography until a determination is made of the respondent's capacity to continue to practice in a proceeding instituted in accordance with the provisions of § 20:41:10:06.02. If the board determines that the respondent is not incapacitated from practicing, it shall take such action as it deems advisable, including a direction for the resumption of the disciplinary proceeding against the respondent.

          Source: 5 SDR 8, effective August 14, 1978; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-16, 36-5-16.1.


          20:41:10:06.05.  Application for reinstatement. A person suspended under the provisions of § 20:41:10:06.01 or 20:41:10:06.02, may apply for reinstatement once a year or at such shorter intervals as the board may direct in the order of suspension or any modification thereof. Upon receipt of an application for reinstatement, the board may take or direct any action necessary to determine whether the person's disability has been removed, including the examination of the person by a qualified medical expert designated by the board. The person may be directed to pay the expense of the examination. The application for reinstatement shall be granted by the board upon determination that the person's disability has been removed and he is fit to resume the practice of chiropractic or chiropractic radiography.

          Source: 5 SDR 8, effective August 14, 1978; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-16, 36-5-16.1.


          20:41:10:06.06.  Doctor-patient privilege -- Waiver. The filing of an application for reinstatement by a person placed on inactive status or suspended for disability constitutes a waiver of any doctor-patient privilege with respect to any treatment of the person during the period of disability. The person shall disclose the name of every psychologist, physician, and hospital by whom or in which the person has been examined or treated since being placed on inactive status or suspension. The person shall furnish to the board written consent to each to divulge the information and records requested by board-appointed medical experts.

          Source: 5 SDR 8, effective August 14, 1978; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-16, 36-5-16.1.


          20:41:10:06.07.  Judicial declaration of competence. If a person has been suspended by an order in accordance with the provisions of § 20:41:10:06.01 or 20:41:10:06.02, and has thereafter been judicially declared to be competent, the board may dispense with further evidence showing the disability has been removed and may direct reinstatement.

          Source: 5 SDR 8, effective August 14, 1978; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-16, 36-5-16.1.


          20:41:10:07.  Suspension and probation. The period of probation or suspension ordered pursuant to § 20:41:10:06.01 or 20:41:10:06.02 may not exceed five years. The conditions of probation may include one or more of the following:

          (1)  Additional mandatory continuing education;

          (2)  Restitution;

          (3)  Payment of all expenses of the investigation and proceedings; and

          (4)  Mental health or alcoholism treatment.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-4, 36-5-20(4).

          Law Implemented: SDCL 36-5-4, 36-5-16, 36-5-16.1, 36-5-20(4).


          20:41:10:08.  Formal reprimands and files. The board or the disciplinary committee shall keep a permanent file of all complaints made to or by the board or the committee which result in an inquiry being directed to a licensee or holder of a certificate, and a permanent file of board action taken, including formal reprimands. In considering action in a case, the board shall take into consideration at the hearing the past actions of the licensee or holder of a certificate, extending an opportunity to the person to rebut or explain such past actions and files. The files are confidential except to board members acting within the scope of their duties and to the person or person's attorney or representative desiring to see the person's file.

          Any action taken by the board upon the license of a licensee shall be submitted to the central reporting agency of which the board is a current member at the time of taking the action for the purpose of disseminating such information to licensing boards of other states.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-4, 36-5-15.2, 36-5-16.1, 36-5-20(4).

          Law Implemented: SDCL 36-5-4, 36-5-15.2, 36-5-16.1, 36-5-20(4).


          20:41:10:09.  Board hearings -- Procedure. Those portions of the rules of practice in trial courts of record and those portions of SDCL 15 and 1-26 that are consistent with SDCL 36-5 or this article apply to the procedure for hearings held by the board. A record of the hearing in a contested case shall be taken by court reporter or recording equipment. If a transcript is requested, the board may require the person requesting it to pay the reasonable cost of preparing the transcript.

          Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-16, 36-5-16.1.


          20:41:10:10.  Purpose of disciplinary committee. There is hereby established a disciplinary committee, the members of which shall function at the will of the board. The purpose of the disciplinary committee is to review and promptly investigate any complaints of misconduct and violations filed in writing, signed by a complaining party or complaints brought forward by board resolution, and impose appropriate sanctions as established under this chapter to protect the public health, safety, and welfare of the state of South Dakota.

 

          Source: 28 SDR 88, effective December 23, 2001; 33 SDR 66, effective October 23, 2006.

          General Authority: SDCL 36-5-4, 36-5-15.2(1), 36-5-20(1).

          Law Implemented: SDCL 36-5-20(1).

 


          20:41:10:11.  Composition of disciplinary committee. The disciplinary committee shall be comprised of a chair, a secretary, and a minimum of three additional members who shall be chiropractors appointed by the board. At least one member of the committee shall be a former board member. A member of the disciplinary committee may be removed from the disciplinary committee by a vote of the board, at any time, without cause.

 

          Source: 28 SDR 88, effective December 23, 2001; 39 SDR 127, effective January 21, 2013.

          General Authority: SDCL 36-5-4, 36-5-15.2(2), 36-5-20(2).

          Law Implemented: SDCL 36-5-20(2).

 


          20:41:10:12.  Qualifications of disciplinary committee members. To hold a position on the disciplinary committee, a member shall:

 

          (1)  Hold an active license to practice chiropractic in the state of South Dakota, which license is in good standing with the board; and

          (2)  Have held an active license to practice chiropractic in the state of South Dakota for a period of ten years.

 

          Committee members shall serve terms of three calendar years. No member may serve more than three consecutive terms.

 

          Source: 28 SDR 88, effective December 23, 2001; 39 SDR 127, effective January 21, 2013.

          General Authority: SDCL 36-5-4, 36-5-15.2(2), 36-5-20(3).

          Law Implemented: SDCL 36-5-20(3).

 


CHAPTER 20:41:11

CHIROPRACTIC FACILITIES

(Repealed. 39 SDR 127, effective January 21, 2013)


CHAPTER 20:41:12

CHIROPRACTOR PHYSICIAN PRECEPTOR ASSOCIATE PROGRAM

Section

20:41:12:01        Preceptor selection.

20:41:12:02        Intern chiropractor associate selection.

20:41:12:03        Applications.

20:41:12:04        Consent by patient.

20:41:12:04.01   Supervision.

20:41:12:05        Program monitoring.


          20:41:12:01.  Preceptor selection. The following are minimum requirements for a chiropractor to become a chiropractor physician preceptor:

 

          (1)  The chiropractor is licensed to practice chiropractic in this state;

          (2)  The chiropractor has a minimum of five years of practical experience in the state of South Dakota immediately preceding the submission of the application;

          (3)  Practice conditions include radiographic access, access to lab facilities sufficient for blood chemistries and urinalysis, and physical diagnostic equipment;

          (4)  The chiropractor is in good standing with the board of chiropractic examiners and has no board infractions in the last two years; and

          (5)  Assumes personal professional responsibility for the conduct of the intern and has malpractice insurance.

 

          The chiropractor shall apply to the board for approval prior to becoming a chiropractic physician preceptor and shall furnish evidence satisfactory to the board of having met the minimum requirements of this section.

 

          Source: 7 SDR 95, effective April 13, 1981; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 32 SDR 32, effective August 31, 2005.

          General Authority: SDCL 36-5-4, 36-5-15.1.

          Law Implemented: SDCL 36-5-15.1.

 


          20:41:12:02.  Intern chiropractor associate selection. The following are minimum requirements for persons who wish to participate in the chiropractor student associate program as an intern:

          (1)  Be enrolled in a college of chiropractic and have successfully completed Part I of the National Board of Chiropractic Examiners exam;

          (2)  Have had two years of preprofessional college before entering chiropractic college;

          (3)  Be certified by the chiropractic college which the applicant attends as having completed his course work in a competent manner and exhibited competence to perform as a chiropractic intern; and

          (4)  Provide references from a licensed chiropractor, the dean of the chiropractic college the applicant attends, and the clinical director of the chiropractic college the applicant attends, concerning the applicant's moral character and when and how long the applicant has been known to the person submitting the reference.

          Source: 7 SDR 95, effective April 13, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-15, 36-5-16.


          20:41:12:03.  Applications. All applications concerning preceptor programs shall be transmitted to the board of examiners. Each preceptor shall submit a $25 filing fee.

          Source: 7 SDR 95, effective April 13, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-15.1.


          20:41:12:04.  Consent by patient. Before the intern performs any chiropractic procedure on a patient, the patient shall give consent.

          Source: 7 SDR 95, effective April 13, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-15.1.


          20:41:12:04.01.  Supervision. The preceptor must be in the same facility as the intern and in direct supervision of the intern. The intern may practice only under the supervision of the assigned preceptor. Direct supervision requires the physical presence of the preceptor in the immediate area where a patient is being provided chiropractic services by an intern.

          Source: 19 SDR 121, effective February 21, 1993.

          General Authority: SDCL 36-5-4, 36-5-15.1.

          Law Implemented: SDCL 36-5-15.1.


          20:41:12:05.  Program monitoring. The board of examiners may make unannounced, periodic visits to facilities to assure that the program is being maintained properly. Any violation of this chapter will result in disciplinary action by the board of examiners.

          Source: 7 SDR 95, effective April 13, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-15.1.


CHAPTER 20:41:13

CHIROPRACTIC RADIOGRAPHY

Section

20:41:13:01        Definition of terms.

20:41:13:02        Minimum eligibility requirements.

20:41:13:03        Training requirements.

20:41:13:04        Exemptions to requirements.

20:41:13:05        Qualification by endorsement.

20:41:13:06        Approval of programs -- Application.

20:41:13:07        Application for registration.

20:41:13:08        Examination and proficiency evaluation.

20:41:13:09        Fee for certificate of registration -- Renewal.

20:41:13:09.01   Lapse and reinstatement of certificate.

20:41:13:10        Exemption for chiropractors.

20:41:13:11        Board action in general.

20:41:13:11.01   Procedures for formal hearing.

20:41:13:12        Continuing education.


          20:41:13:01.  Definition of terms. Terms used in this chapter mean:

          (1)  "Approved program or course of study," didactic and clinical training that meets the requirements specified in § 20:41:13:03;

          (2)  "Clinical experience," direct and personal participation of a student in radiographic procedures incident to patient diagnosis; and

          (3)  "Student," a person enrolled in or participating in an approved program or course of study.

          Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-15.2, 36-5-15.3.

          Law Implemented: SDCL 36-5-15.2, 36-5-15.3, 36-5-15.4.


          20:41:13:02.  Minimum eligibility requirements. An applicant for registration as a chiropractic radiographer shall meet the following minimum requirements:

          (1)  Graduation from high school or its equivalent;

          (2)  Attainment of 18 years of age; and

          (3)  Freedom from physical or mental impairment which would interfere with performance of duties or otherwise be a hazard to the health or safety of patients.

          Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-15.2, 36-5-15.3.

          Law Implemented: SDCL 36-5-15.2, 36-5-15.3.


          20:41:13:03.  Training requirements. Unless exempt under this chapter, an applicant for registration as a chiropractic radiographer must have successfully completed an approved program or course of study consisting of at least 36 classroom hours in chiropractic radiography which includes the following training:

          (1)  Radiographic imaging procedures including patient care, patient preparation, patient records, factor technique selection, technical selection, development, quality, and maintenance;

          (2)  Radiation protection of personnel and patients, including considerations in reducing radiation exposure and frequency of retakes;

          (3)  Radiographic technique, radiation equipment and physics of imaging, and emergency procedures; and

          (4)  Clinical experience sufficient to demonstrate proficiency.

          Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-15.2, 36-5-15.3.

          Law Implemented: SDCL 36-5-14.2, 36-5-15.3.


          20:41:13:04.  Exemptions to requirements. An applicant for registration as a chiropractic radiographer is exempt from the requirements in §§ 20:41:13:03 and 20:41:13:08 if the applicant submits documentation showing successful completion of a course of study which is equivalent to the requirements of § 20:41:13:03.

          Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 121, effective February 21, 1993.

          General Authority: SDCL 36-5-15.2, 36-5-15.3.

          Law Implemented: SDCL 36-5-15.2, 36-5-15.3.


          20:41:13:05.  Qualification by endorsement. A person who has a current certificate in chiropractic radiography issued by another state, jurisdiction, agency, or nationally recognized professional registry or board may, upon presentation of the certificate to the board, be considered to meet the requirements of this chapter provided that the board finds that the standards and procedures for qualification in the state, jurisdiction, agency, or nationally recognized professional registry or board which issued the certificate are equivalent to the standards in this chapter.

          Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-15.2, 36-5-15.3.

          Law Implemented: SDCL 36-5-15.2, 36-5-15.3.


          20:41:13:06.  Approval of programs -- Application. A program of learning may be approved by the board if the program meets the following requirements:

 

          (1)  It constitutes an organized program of learning which contributes to the proficiency and skills of an individual operating radiation emitting equipment or otherwise engaged in chiropractic radiography;

 

          (2)  It is conducted by individuals who are qualified by special education, training, and experience to conduct the program in chiropractic radiography;

 

          (3)  It meets one or more of the requirements in § 20:41:13:03; and

 

          (4)  It meets minimum standards for ACRRT approved programs in radiographic technology published as of November 16, 1985.

 

          Application for approval of a program of learning shall be made to the board. Programs conducted under the auspices of the American Chiropractic Registry of Radiologic Technologists as of January 1, 1982, are approved and no application is required of those programs.

 

          Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 32 SDR 32, effective August 31, 2005.

          General Authority: SDCL 36-5-15.2, 36-5-15.3.

          Law Implemented: SDCL 36-5-15.2, 36-5-15.3.

 

          Reference: "Minimum Standards for ACRRT Approved Program in Radiologic Technology," published as of November 16, 1985, American Chiropractic Registry of Radiologic Technologists (ACRRT). Copies may be obtained from American Chiropractic Registry of Radiologic Technologists, 2330 Gull Road, Kalamazoo, Michigan 49001 or from the Department of Health, 600 E. Capitol, Pierre, South Dakota 57501. No charge.

 


          20:41:13:07.  Application for registration. Each person engaged in chiropractic radiography or desiring to engage in chiropractic radiography except a licensed chiropractor shall apply for registration to the board within 30 days following the effective date of this chapter or prior to engaging in chiropractic radiography. The application shall be made on a form furnished by the board and shall be filled out completely. The application shall contain a statement that the requirements of this chapter of rules have been read and understood by the applicant and shall document the training, experience, and education that qualify the applicant to engage in chiropractic radiography.

          Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-15.2, 36-5-15.3.

          Law Implemented: SDCL 36-5-15.2, 36-5-15.3.


          20:41:13:08.  Examination and proficiency evaluation. An applicant for registration as a chiropractic radiographer shall, unless exempt, pass a written examination administered by the board. The passing grade for the examination is 75.

 

          Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-15.2, 36-5-15.3.

          Law Implemented: SDCL 36-5-15.2, 36-5-15.3.

 


          20:41:13:09.  Fee for certificate of registration -- Renewal. When an applicant successfully passes the examination or is found to be exempt from it, the board shall issue a certificate of registration upon payment of a fee of $50 for initial registration. After the initial registration, each person registered as a chiropractic radiographer shall submit an annual renewal fee of $25. The registrant shall display the registration in the office.

          Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-15.2(6), 36-5-15.3.

          Law Implemented: SDCL 36-5-15.2(6), 36-5-15.3.


          20:41:13:09.01.  Lapse and reinstatement of certificate. If a chiropractic radiographer fails to maintain an active certification as provided in chapter 20:41:13, the certification lapses on the date immediately following the final date of the period for which it was last renewed. No person may practice as a chiropractic radiographer in South Dakota with a lapsed certificate. If a certificate has been in lapse status for less than two years, applicant may convert to an active South Dakota certification by paying the license fee, submitting a renewal application, and providing continuing education as required by § 20:41:13:12. If a certificate has been in lapse status two years or more, the applicant must retake and successfully pass a board approved chiropractic radiographer examination and reapply for certification.

 

          Source: 41 SDR 109, effective January 12, 2015.

          General Authority: SDCL 36-5-15.2(6), 36-5-15.3.

          Law Implemented: SDCL 36-5-15.2(6), 36-5-15.3.

 


          20:41:13:10.  Exemption for chiropractors. Chiropractors licensed in South Dakota are exempt from all requirements of this chapter and the issuance of the annual renewal license as a chiropractor authorizes the chiropractor to practice chiropractic radiography without any additional certificate or fee.

          Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-15.2, 36-5-15.3, 36-5-15.4.

          Law Implemented: SDCL 36-5-15.2, 36-5-15.3, 36-5-15.4.


          20:41:13:11.  Board action in general. Disciplinary procedures shall be initiated by submission of a written complaint or by resolution of the board. A chiropractic radiographer may be disciplined by the board as provided by chapter 20:41:13 for having violated the provisions of this chapter or the provisions of SDCL chapter 36-5 and may be placed on inactive status or suspension for disability as defined in chapter 20:41:10. Disciplinary procedures shall be conducted as follows:

 

          (1)  Each written complaint for disciplinary investigation shall be given to the board investigator or the disciplinary committee. The investigator shall forward a copy of the complaint to each committee member and shall investigate and prepare a report to be presented to the committee;

 

          (2)  The investigator shall notify the chiropractic radiographer that a complaint has been received and request a response to be mailed to the investigator within 15 days of receipt of the notice;

 

          (3)  The investigator shall notify the complainant that the chiropractic radiographer has been notified of the allegations and requested to respond within 15 days and that the response shall be forwarded to the complainant;

 

          (4)  The investigator shall prepare a report to present to the full committee for review. The report shall include the identity of the complainant, the allegations which form the basis of the complaint, the position of the chiropractic radiographer against whom the complaint is lodged, and the proposed action, if any, that should be taken with regards to the complaint;

 

          (5)  Upon presentation of the report to the full committee, the committee shall review the report and act upon the information before it, in one of the following manners:

 

               (a)  Dismiss the complaint if frivolous or clearly unfounded in fact; or

               (b)  Initiate an informal inquiry or take such further action as the committee deems appropriate;

 

          (6)  If the committee dismisses the complaint, the investigator shall give notice to the complainant and the chiropractic radiographer that the complaint has been reviewed with the determination that no board action is warranted;

 

          (7)  If the committee finds the complaint to have merit, the committee shall afford the chiropractic radiographer complained against a reasonable opportunity to state the radiographer's position with respect to the allegations against them. The hearing shall take the form of an informal conference between the committee and the chiropractic radiographer complained against; and

 

          (8)  After an informal inquiry, the committee may dismiss or, if the complaint has merit, refer to the full board for a formal hearing. In lieu of referral to the full board, the committee and the chiropractic radiographer may enter a remedial stipulation satisfactory to both the chiropractic radiographer and the committee. In that event, the referral may not take place if the terms of the remedial stipulation are successfully completed.

 

          Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-15.2, 36-5-15.3, 36-5-15.5.

          Law Implemented: SDCL 36-5-15.2, 36-5-15.3, 36-5-15.5.

 


          20:41:13:11.01.  Procedures for formal hearing. A formal hearing may be conducted by the board, or a hearing examiner, pursuant to SDCL chapter 1-26.

 

          Source: 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-15.2, 36-5-15.3, 36-5-15.5.

          Law Implemented: SDCL 36-5-15.2, 36-5-15.3, 36-5-15.5.

 


          20:41:13:12.  Continuing education. As a condition to renewing a certificate, a chiropractic radiographer must receive four hours of continuing education every two years as approved by the board as set forth in § 20:41:13:06. The period shall begin on January 1, 2016. Continuing education hours must be submitted to the executive secretary of the board for approval before a certificate will be renewed.

 

          Source: 28 SDR 88, effective December 23, 2001; 41 SDR 109, effective January 12, 2015.

          General Authority: SDCL 36-5-4, 36-5-15.3.

          Law Implemented: SDCL 36-5-15.3.

 


CHAPTER 20:41:14

 

PEER REVIEW

Section

20:41:14:01        Definitions.

20:41:14:02        Purpose of peer review committee.

20:41:14:03        Composition of peer review committee.

20:41:14:04        Qualifications of peer review committee.

20:41:14:05        Requests for peer review.

20:41:14:06        Procedures for peer review.

20:41:14:07        Materials utilized for peer review.

20:41:14:08        Fees for peer review.


          20:41:14:01.  Definitions. Terms used in this chapter mean:

          (1)  "Patient," an individual who has received treatment from a South Dakota licensed chiropractor or who has received treatment under the supervision or direction of a South Dakota licensed chiropractor, which treatment is within the scope of practice for a chiropractor within the state of South Dakota;

          (2)  "Patient's legal representative," an individual who represents the interests of the patient and has the legal authority to act on the patient's behalf;

          (3)  "Individual reviewer," an individual member of the peer review committee who is designated by the chairman of the committee to conduct a peer review evaluation of any particular matter;

          (4)  "Insurer," a party contractually obligated to pay the medical obligations of the patient;

          (5)  "Third-party payor," a party not contractually obligated to pay the medical obligations of a patient but who may be liable for the payment of such obligations based upon other grounds.

          Source: 25 SDR 80, effective December 6, 1998.

          General Authority: SDCL 36-5-4, 36-5-19.

          Law Implemented: SDCL 36-5-4, 36-5-19.


          20:41:14:02.  Purpose of peer review committee. There is hereby established a peer review committee, the members of which shall function at the will of the board. The purpose of the peer review committee is to review those matters relative to the necessity of services of a licensee, reasonableness of procedures, and reasonableness of costs of chiropractic care in the state of South Dakota.

          Source: 25 SDR 80, effective December 6, 1998.

          General Authority: SDCL 36-5-4, 36-5-19.

          Law Implemented: SDCL 36-5-4, 36-5-19.


          20:41:14:03.  Composition of peer review committee. The peer review committee shall be comprised of a chairman, a secretary, and a minimum of five additional members, and shall be appointed by the members of the board. Peer review committee members may be removed from the peer review committee by vote of the board, at any time, without cause.

          Source: 25 SDR 80, effective December 6, 1998.

          General Authority: SDCL 36-5-4, 36-5-19.

          Law Implemented: SDCL 36-5-4, 36-5-19.


          20:41:14:04.  Qualifications of peer review committee. To hold a position on the peer review committee a member shall hold an active license to practice chiropractic in the state of South Dakota which license is in good standing with the board and have held an active license to practice chiropractic in the state of South Dakota for a period of ten years.

 

          Source: 25 SDR 80, effective December 6, 1998; 39 SDR 127, effective January 21, 2013.

          General Authority: SDCL 36-5-4, 36-5-19.

          Law Implemented: SDCL 36-5-4, 36-5-19.

 


          20:41:14:05.  Request for peer review. A request for peer review may be submitted to the peer review committee by a patient, the patient's legal representative, the patient's insurer or health care providers, a third-party payor, the treating chiropractic physician, or a subsequent treating chiropractic physician. The peer review committee may not honor a request from a third-party payor unless the third-party payor submits with the request:

          (1)  A medical release signed by the patient whose records are sought for review or a court order authorizing the release of patient records for review; or

          (2)  The records sought to be reviewed, in which case only those records submitted by the third-party payor will be reviewed.

          Peer review may not be allowed for any request made more than one year after the date of the final bill for chiropractic services is rendered in connection with the requested review or for services dating back more than three years from the date of such request.

          Source: 25 SDR 80, effective December 6, 1998.

          General Authority: SDCL 36-5-4, 36-5-19.

          Law Implemented: SDCL 36-5-4, 36-5-19.


          20:41:14:06.  Procedures for peer review. Peer review may be conducted only upon request by a party as authorized under the provisions of § 20:41:14:05. Upon receipt of written request, the peer review committee shall inform the party requesting the review in writing and request a patient authorization if the requesting party is a third-party payor. The peer review committee shall notify the treating chiropractic physician of the request for review and request the necessary forms and documentation. Forms and documentation must be returned to the peer review committee within 15 days of receiving notice. Upon receipt of any relevant material, the peer review committee's secretary shall notify each individual review chosen to complete the review. Two individual reviewers are chosen to complete the investigation and review. The individual reviewers may not be practicing in the same geographical area of the state as the treating doctor subject to the review. A completed review shall be submitted to the peer review committee chairman for final approval. Upon final approval, a final draft of the completed review shall be mailed to the appropriate parties including the party requesting the review, the treating doctor, and the board. In any case where a chiropractic physician has received three negative reviews in a twelve month period, the chairman of the peer review committee shall file a written complaint with the disciplinary committee so stating.

 

          Source: 25 SDR 80, effective December 6, 1998; 33 SDR 66, effective October 23, 2006; 39 SDR 127, effective January 21, 2013.

          General Authority: SDCL 36-5-4, 36-5-19.

          Law Implemented: SDCL 36-5-4, 36-5-19.

 


          20:41:14:07.  Materials utilized for peer review. The peer review committee shall use the following materials:

 

          (1)  The Council on Chiropractic Guidelines and Practice Parameters (CCGPP) will be utilized to assist the reviewing doctors for the reasonableness and appropriateness of care provide; and

 

          (2)  The reviewing doctors will be expected to utilize their own clinical expertise.

 

          Source: 25 SDR 80, effective December 6, 1998; 28 SDR 88, effective December 23, 2001; 32 SDR 32, effective August 31, 2005; 35 SDR 47, effective September 8, 2008; 41 SDR 109, effective January 12, 2015.

          General Authority: SDCL 36-5-4, 36-5-15.2(3), 36-5-19.

          Law Implemented: SDCL 36-5-4, 36-5-15.2(3), 36-5-19.

 

          Reference: Copies may be obtained from the Council on Chiropractic Guidelines and Practice Parameters (CCGPP) at www.ccgpp.org.

 


          20:41:14:08.  Fees for peer review. The fee for a peer review of records and documents requested by a treating doctor, a third party payor, or a party other than the patient is $300. If the peer review involves rehabilitation or physical therapy services, the fee is $600. Any additional review is subject to an additional fee at the same rate as provided in this section. No patient may be charged for a peer review.

          Source: 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-4, 36-5-19.

          Law Implemented: SDCL 36-5-19.


CHAPTER 20:41:15

 

CHIROPRACTIC ASSISTANTS

Section

20:41:15:01        Minimum training requirements.

20:41:15:02        Exemptions to requirements.

20:41:15:03        Qualification by endorsement.

20:41:15:04        Information required for course approval.

20:41:15:05        Approval of courses.

20:41:15:06        Application for chiropractic assistant certification.

20:41:15:06.01   Lapse and reinstatement of certificate.

20:41:15:07        Examination and proficiency evaluation.

20:41:15:08        Fee for certificate of registration -- Renewal.

20:41:15:09        Continuing education.

20:41:15:10        Supervision by chiropractor.

20:41:15:11        Board action in general.

20:41:15:12        Grounds for denial, revocation, or suspension of license, certification, or application.

20:41:15:13        Disciplinary procedures.


          20:41:15:01.  Minimum training requirements. An applicant for registration as a chiropractic assistant shall meet the following minimum requirements:

 

          (1)  Graduation from high school or graduate equivalency degree (GED);

 

          (2)  Attainment of 18 years of age;

 

          (3)  Successful completion of an approved program or course of study consisting of at least 20 hours in chiropractic assisting that includes coursework in basic chiropractic assistant duties, introduction to physiotherapy, use of modalities, rehabilitation and exercise programs as designed by the chiropractor, evaluations, and other programs as designated by the board; and

 

          (4)  Certification in cardiopulmonary resuscitation (CPR).

 

          Source: 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-25.

          Law Implemented: SDCL 36-5-25.

 


          20:41:15:02.  Exemptions to requirements. An applicant may apply for certification based on verification of at least two years employment as a chiropractic assistant and evidence of having passed an examination approved by the board.

 

          Source: 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-25, 36-5-27.

          Law Implemented: SDCL 36-5-25, 36-5-27.

 


          20:41:15:03.  Qualification by endorsement. A person who has a current certificate as a chiropractic assistant issued by another state, jurisdiction, agency, or nationally recognized professional registry or board may, upon presentation of the certificate to the board, be considered to meet the requirements of this chapter if the board finds that the standards and procedures for qualification in the state, jurisdiction, agency, or nationally recognized professional registry or board which issued the certificate are equivalent to the standards in this chapter.

 

          Source: 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-25, 36-5-27.

          Law Implemented: SDCL 36-5-25, 36-5-27.

 


          20:41:15:04.  Information required for course approval. A chiropractic assistant education course may be considered for approval based on the following information:

 

          (1)  Name, outline, and objective(s) of the chiropractic assistant course;

          (2)  Sponsor's name;

          (3)  Hours of study;

          (4)  Names, educational background, and experience of instructors;

          (5)  Name of certifying officer and method used;

          (6)  Textbooks and equipment used or required;

          (7)  Whether the course is approved by any accrediting agency; and

          (8)  A chiropractic assistant course outline.

 

          Source: 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-25, 36-5-27.

          Law Implemented: SDCL 36-5-25, 36-5-27.

 


          20:41:15:05.  Approval of courses. The board shall review the information concerning a chiropractic assistant education course provided under § 20:41:15:04 and may grant or deny approval based on the following:

 

          (1)  Sponsorship of the course;

          (2)  The qualifications and experience of the instructor; and

          (3)  The applicability of the subject matter to the practice of chiropractic assisting.

 

          Source: 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-25, 36-5-27.

          Law Implemented: SDCL 36-5-25, 36-5-27.

 


          20:41:15:06.  Application for chiropractic assistant certification. An application for certification as a chiropractic assistant shall be made on a form furnished by the board and shall be filled out completely. The application shall contain a statement that the requirements of this chapter of rules have been read and understood by the applicant and shall document the training, experience, and education that qualify the applicant to become a chiropractic assistant.

 

          Source: 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-24.

          Law Implemented: SDCL 36-5-24.

 


          20:41:15:06.01.  Lapse and reinstatement of certificate. If a chiropractic assistant fails to maintain an active certification as provided in chapter 20:41:15, the certification lapses on the date immediately following the final date of the period for which it was last renewed. No person may practice as a chiropractic assistant in South Dakota with a lapsed certificate. If a certificate has been in lapse status for less than two years, applicant may convert to an active South Dakota certification by paying the license fee, submitting a renewal application, and providing continuing education as required by § 20:41:15:09. If a certificate has been in lapse status two years or more, the applicant must retake and successfully pass a board approved chiropractic assistant examination and reapply for certification.

 

          Source: 41 SDR 109, effective January 12, 2015.

          General Authority: SDCL 36-5-24.

          Law Implemented: SDCL 36-5-24.

 


          20:41:15:07.  Examination and proficiency evaluation. An applicant for certification as a chiropractic assistant shall present evidence of having passed an examination approved by the board with a score of at least 75 percent. If the chiropractic assistant does not achieve a score of 75 percent, the examiner must advise the chiropractic assistant of the areas failed. The assistant may have two additional opportunities to successfully complete the evaluation, not to exceed a total of three attempts in any two-year period.

 

          Source: 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-25, 36-5-27.

          Law Implemented: SDCL 36-5-25, 36-5-27.

 


          20:41:15:08.  Fee for certificate of registration -- Renewal. The board shall issue a certificate of registration upon payment of a fee of $50 for initial registration upon completion of all requirements outlined in § 20:41:15:06. After the initial registration, each person registered as a chiropractic assistant shall submit an annual renewal fee of $25. The registrant shall display a current certificate in each office in which they work.

 

          Source: 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-24.

          Law Implemented: SDCL 36-5-24.

 


          20:41:15:09.  Continuing education. As a condition to renewing a certificate, a chiropractic assistant must complete a minimum of four hours of continuing education approved by the board as set forth in § 20:41:15:06 every two years. CPR certification may count for only two hours of continuing education in each two-year period. The period shall begin on January 1, 2016. Continuing education hours must be submitted to the executive director of the board for approval before a certificate will be renewed.

 

          Source: 35 SDR 47, effective September 8, 2008; 41 SDR 109, effective January 12, 2015.

          General Authority: SDCL 36-5-25.

          Law Implemented: SDCL 36-5-25.

 


          20:41:15:10.  Supervision by chiropractor. A certified chiropractic assistant shall be under the direct supervision of a South Dakota licensed chiropractor at all times. Direct supervision means the personal presence and availability of the supervising chiropractor at the place where chiropractic healthcare services are rendered.

 

          Source: 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-27.

          Law Implemented: SDCL 36-5-27.

 


          20:41:15:11.  Board action in general. The board, through a designated investigator or the disciplinary committee, shall promptly investigate all complaints filed in writing with the board or the disciplinary committee and violations which come to the attention of one or more board members. The board shall impose appropriate sanctions as established under this chapter to protect the public health, safety, and welfare of the state of South Dakota. The board may also initiate disciplinary proceedings by resolution.

 

          Source: 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-28.

          Law Implemented: SDCL 36-5-28.

 


          20:41:15:12.  Grounds for denial, revocation, or suspension of license, certification, or application. The board may deny an application for certification or it may deny, revoke, or suspend a certificate and it may take other disciplinary or corrective action it considers appropriate in addition to or in lieu of such an action upon proof that the applicant or certificate holder has:

 

          (1)  Committed fraud, deceit, or misrepresentation in procuring or attempting to procure certification;

 

          (2)  Been convicted of a felony. The conviction of a felony means the conviction of any offense which, if committed within the state of South Dakota, would constitute a felony under its laws;

 

          (3)  Engaged in the practice of chiropractic assisting under a false or incorrect name or under a fictitious name or impersonated another certificate holder of a like or different name;

 

          (4)  Become addicted to or dependent on alcoholic beverages or controlled drugs as defined by SDCL chapter 34-20B to such an extent as to result in incapacitation from the performance of professional duties;

 

          (5)  Negligently, willfully, or intentionally acted in a manner inconsistent with the health or safety of persons entrusted to his or her care;

 

          (6)  Failed to report past, present, or pending disciplinary action by another licensing board or current status of final administrative disposition of a matter. A licensee is required to report any compromise or settlement of disciplinary action, whether voluntary or involuntary, which results in encumbrance of certification;

 

          (7)  Violated any provisions of this chapter or the rules promulgated under it;

 

          (8)  Aided or abetted an uncertified person to practice as a chiropractic assistant;

 

          (9)  Engaged in the practice of chiropractic assisting during a time his or her license or certificate is lapsed, on inactive status, suspended, or revoked; or

 

          (10)  Been guilty of incompetence or unprofessional or dishonorable conduct.

 

          Source: 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-28.

          Law Implemented: SDCL 36-5-28.

 


          20:41:15:13.  Disciplinary procedures. Disciplinary procedures shall be initiated by submission of a written complaint or by resolution of the board. A chiropractic assistant may be disciplined by the board as provided by SDCL 36-5-28 for having violated the provisions of this chapter or the provisions of SDCL chapter 36-5 and may be placed on inactive status or suspension for disability as defined in SDCL chapter 36-5. Disciplinary procedures shall be conducted as follows:

 

          (1)  Each written complaint for disciplinary investigation shall be given to the board investigator or the disciplinary committee. The investigator shall forward a copy of the complaint to each committee member and shall investigate and prepare a report to be presented to the committee;

 

          (2)  The investigator shall notify the chiropractic assistant that a complaint has been received and request a response to be mailed to the investigator within 15 days of receipt of the notice;

 

          (3)  The investigator shall notify the complainant that the chiropractic assistant has been notified of the allegations and requested to respond within 15 days and that the response shall be forwarded to the complainant;

 

          (4)  The investigator shall prepare a report to present to the full committee for review. The report shall include the identity of the complainant, the allegations which form the basis of the complaint, the position of the chiropractic assistant against whom the complaint is lodged, and the proposed action, if any, that should be taken with regards to the complaint;

 

          (5)  Upon presentation of the report to the full committee, the committee shall review the report and act upon the information before it in one of the following manners:

 

               (a)  Dismiss the complaint if frivolous or clearly unfounded in fact; or

               (b)  Initiate an informal inquiry or take such further action as the committee deems appropriate;

 

          (6)  If the committee dismisses the complaint, the investigator shall give notice to the complainant and the chiropractic assistant that the complaint has been reviewed with the determination that no board action is warranted;

 

          (7)  If the committee finds the complaint to have merit, the committee shall afford the chiropractic assistant complained against a reasonable opportunity to state the assistant's position with respect to the allegations against the assistant. The hearing shall take the form of an informal conference between the committee and the chiropractic assistant complained against; and

 

          (8)  After an informal inquiry, the committee may dismiss or, if the complaint has merit, refer to the full board for a formal hearing. In lieu of referral to the full board, the committee and the chiropractic assistant may enter a remedial stipulation satisfactory to both the chiropractic assistant and the committee. In that event, the referral shall not take place if the terms of the remedial stipulation are successfully completed.

 

          Source: 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-28.

          Law Implemented: SDCL 36-5-28.

 


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