reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04B - Advanced Life Support Personnel › Section 36-4B-35 - Advanced life support program--Promulgation of rules--Community paramedic requirements.

36-4B-35. Advanced life support program--Promulgation of rules--Community paramedic requirements.
The board shall promulgate rules, pursuant to chapter 1-26, to:
(1)Establish the educational and training curriculum requirements and the examination requirements for applicants to become licensed as advanced life support personnel;
(2)Establish the procedure for the administration of the advanced life support program and designate the responsibilities of the department and the board;
(3)Regulate the professional conduct of licensees;
(4)Establish the educational and training requirements and conditions for issuance of a critical care endorsement, as provided for in §36-4B-18.1; and
(5)Establish the:
(a)Educational and training requirements and conditions for issuance of a community paramedic endorsement; and
(b)Practice protocols and supervisory requirements for a person with a community paramedic endorsement.
Source: SL 1978, ch 269, §35; SL 1992, ch 268, §23; SL 2004, ch 17, §234; SL 2015, ch 277 (Ex. Ord. 15-1), §33, eff. Apr. 20, 2015; SL 2022, ch 146, §2; SL 2023, ch 135, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04B - Advanced Life Support Personnel › Section 36-4B-36 - Prohibited rules.

36-4B-36. Prohibited rules.
The board may not pass any rules which:
(1)Are not authorized by §36-4B-35 or are not designated to meet the intent of this chapter;
(2)Discriminate between licensees of the same class;
(3)Attempt to regulate persons, schools, or other institutions not licensed under this chapter;
(4)Have as their primary purpose the promotion or protection of the economic interests of licensees;
(5)Restrict the number of licensees for reasons other than their qualifications;
(6)Discriminate between programs approved under this chapter which train prospective licensees, whether in or out of the state.
Source:
SL 1978, ch 269, §36; SL 1992, ch 268, §24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04B - Advanced Life Support Personnel › Section 36-4B-37 - Advanced life support personnel advisory committee--Appointment--Terms--Duties.

36-4B-37. Advanced life support personnel advisory committee--Appointment--Terms--Duties.
The board shall appoint an advanced life support personnel advisory committee composed of four members as follows:
(1)One emergency medical technician-intermediate/85;
(2)One emergency medical technician-intermediate/99;
(3)One emergency medical technician-paramedic; and
(4)One emergency room physician.
Each committee member shall serve a term of three years. No committee member may be appointed to more than three consecutive full terms. If a vacancy occurs, the board shall appoint a person to fill the unexpired term. The appointment of a person to an unexpired term is not considered a full term. The committee shall meet at least annually or as necessary to conduct business. The committee shall assist the board in evaluating standards of care for advanced life support personnel and the regulation of advanced life support personnel pursuant to this chapter. The committee shall also make recommendations to the board regarding rules promulgated pursuant to this chapter. The committee shall meet the requirements of chapter 1-25 regarding open meetings.
Source:
SL 2005, ch 199, §7; SL 2020, ch 167, § 2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-1 - Definition of terms.

36-4C-1. Definition of terms.
Terms used in this chapter mean:
(1)"Affiliate," the South Dakota affiliate of the American Association for Respiratory Care;
(2)"Board," the State Board of Medical and Osteopathic Examiners;
(3)"Committee," the Respiratory Care Advisory Committee provided for in this chapter;
(4)"Qualified medical director," the physician responsible for the medical direction of any inpatient or outpatient respiratory care service, department, or home care agency. The medical director shall be a licensed physician pursuant to chapter 36-4 who has special interest and knowledge in the diagnosis and treatment of cardiopulmonary problems. If possible, the medical director shall be qualified by special training or be experienced in the management of acute and chronic respiratory disorders or both. The medical director is responsible for the quality, safety, and appropriateness of respiratory care services;
(5)"Respiratory care practitioner," any person with a temporary permit or license to practice respiratory care as defined in this chapter and whose temporary permit or license is in good standing;
(6)"Registered respiratory therapist," a respiratory care practitioner who has successfully completed a training program accredited by the Commission on Accreditation of Allied Health Education Programs in collaboration with the Committee on Accreditation for Respiratory Care and who has successfully completed the registry examination for advanced respiratory therapists administered by the National Board for Respiratory Care, Incorporated;
(7)"Certified respiratory therapist," a respiratory care practitioner who has successfully completed a training program accredited by the Commission on Accreditation of Allied Health Education Programs in collaboration with the Committee on Accreditation for Respiratory Care and who has successfully completed the entry level examination for respiratory therapists administered by the National Board for Respiratory Care, Incorporated;
(8)"Graduate respiratory care practitioner," a person who has graduated from an education and training program accredited by the Commission on Accreditation of Allied Health Education Programs in collaboration with the Committee on Accreditation for Respiratory Care and who is eligible to take the licensure examination required by §36-4C-8;
(9)"Student respiratory care practitioner," a person who is enrolled in an education and training program for respiratory care practitioners which is accredited by the Commission on Accreditation of Allied Health Education Programs and the Committee on Accreditation for Respiratory Care and who provides respiratory care under direct supervision of a licensed respiratory care practitioner who is on the premises where the respiratory care services are provided and who is available for immediate consultation.
Source:
SL 1993, ch 273, §1; SL 1994, ch 294, §1; SL 2004, ch 245, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-2 - Respiratory care defined.

36-4C-2. Respiratory care defined.
Respiratory care is the treatment, management, diagnostic testing, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system and associated aspects of other systems. Respiratory care includes observing, assessing, and monitoring signs, symptoms, reactions, general behavior, and general physical response of individuals to respiratory care, including determination of whether those signs, symptoms, reactions, behaviors, or general physical response exhibit abnormal characteristics; the administration of pharmacological, diagnostic, and therapeutic agents related to respiratory care; the administration of analgesic agents by subcutaneous injection or inhalation for performance of respiratory care procedures; the collection of blood specimens and other bodily fluids and tissues for, and the performance of, cardiopulmonary diagnostic testing procedures including blood gas analysis; the insertion of maintenance of artificial airways; the insertion of devices to analyze, infuse, or monitor pressure in arterial, capillary, or venous blood; development, implementation, and modification of respiratory care treatment plans based on assessment of the cardio-respiratory system, respiratory care protocols, clinical pathways, referrals and written, verbal, or telecommunicated orders of a physician; application, operation, and management of mechanical ventilatory support and other means of life support; hyper baric oxygen medicine; advances in the art of techniques of respiratory care learned through formal or specialized training; and the initiation of emergency procedures.
Source:
SL 1993, ch 273, §2; SL 2004, ch 245, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-3 - Respiratory care authorized.

36-4C-3. Respiratory care authorized.
Respiratory care may be performed in any clinic, hospital, skilled nursing facility, private dwelling, or other place deemed appropriate by the board, in accordance with the prescription or verbal order of a physician and shall be performed under a qualified medical director where mandated by institutional accrediting agencies.
Source:
SL 1993, ch 273, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-4 - Respiratory Care Practitioner's Advisory Committee--Appointment--Terms--Duties.

36-4C-4. Respiratory Care Practitioner's Advisory Committee--Appointment--Terms--Duties.
The board shall appoint a Respiratory Care Practitioners' Advisory Committee composed of five members as follows:
(1)Two registered respiratory therapists;
(2)Two certified respiratory therapists; and
(3)A physician licensed pursuant to chapter 36-4 who practices as a pulmonologist.
Each committee member shall serve a term of three years. No committee member may be appointed to more than three consecutive full terms. If a vacancy occurs, the board shall appoint a person to fill the unexpired term. The appointment of a person to an unexpired term is not considered a full term. The committee shall meet at least annually or as necessary to conduct business.
The committee shall assist the board in evaluating the qualifications of applicants for licensure and reviewing the examination results of applicants. The committee shall also make recommendations to the board regarding rules promulgated pursuant to this chapter. The committee shall meet the requirements of chapter 1-25 regarding open meetings.
Source:
SL 1993, ch 273, §4; SL 2004, ch 245, §3; SL 2005, ch 199, §9; SL 2020, ch 167, § 3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-5 - Use of title and abbreviation.

36-4C-5.Use of title and abbreviation.
A person who does not hold a license or temporary permit under this chapter as a respiratory care practitioner or whose license or temporary permit has been suspended or revoked may not use in connection with the person's practice the words, respiratory care, respiratory therapist, respiratory care practitioner, certified respiratory care practitioner, respiratory therapy technician, inhalation therapist, or respiratory care therapist, or the letters, R.C.P., or any other words, letters, abbreviations, or insignia indicating that the person is a respiratory care practitioner, or otherwise represent in any way that the person is a respiratory care practitioner. A person who holds a license or temporary permit to practice respiratory care under this chapter may use the title, respiratory care practitioner, and the abbreviation, R.C. P.
Source:
SL 1993, ch 273, §5; SL 1994, ch 294, §2; SL 2004, ch 245, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-7 - Construction of chapter.

36-4C-7. Construction of chapter.
Nothing in this chapter may be construed to prevent or restrict the practice, services, or activities of:
(1)Any person licensed or certified in this state by any other law from engaging in the profession or occupation for which he is licensed or certified who is performing services within his authorized scope of practice;
(2)A student respiratory care practitioner who is performing respiratory care without compensation in a clinical training capacity;
(3)Self care, or gratuitous care by a friend or family member who does not represent or hold himself out to be a respiratory care practitioner;
(4)Federal employees when functioning in the course of their assigned duties;
(5)A person rendering respiratory care in an emergency;
(6)A person other than a respiratory care practitioner who has passed an examination which includes content in one or more of the practices included in this chapter, if the person performs only those procedures for which the person has been successfully tested and the testing body offering the examination is certified by the National Commission for Health Certifying Agencies or its equivalent as determined by the board;
(7)A person, other than a respiratory care practitioner, employed by a hospital or related institution as licensed pursuant to chapter 34-12 who performs simple oxygen administration, incentives spirometry or chestphysiotherapy under the direction of a licensed physician, registered nurse, licensed practical nurse, licensed respiratory care practitioner, certified nurse practitioner or certified physicians assistant;
(8)A person, other than a respiratory care practitioner, employed by a home medical equipment company who installs, delivers, and maintains home respiratory therapy equipment but does not perform patient assessment or patient care, patient education, or clinical instruction relating to home respiratory therapy; or
(9)A person licensed or certified to practice respiratory care in another state or foreign country who provides respiratory care to a critically ill patient while the patient is being transported to a hospital in this state.
Source:
SL 1993, ch 273, §7; SL 2004, ch 245, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-8 - Temporary permit.

36-4C-8. Temporary permit.
The board may grant a temporary permit to practice respiratory care to a graduate respiratory care practitioner. The board may also grant a temporary permit to a student respiratory care practitioner, but the permit may only allow the student to perform those respiratory care services for which the student has successfully completed clinical competency evaluation. A temporary permit is nonrenewable and terminates three months from the date when the applicant becomes eligible to take the licensure examination required by §36- 4C-9 or upon the applicant's failure to pass the examination, whichever occurs first.
Source:
SL 1993, ch 273, §8; SL 2004, ch 245, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-9 - Written application--Requirements.

36-4C-9. Written application--Requirements.
Any applicant applying for a license as a respiratory care practitioner shall file a written application provided by the board, showing that the applicant meets the following requirements:
(1)Character--Applicant shall be of good moral character;
(2)Education--Applicant shall present evidence satisfactory to the board of having successfully completed an education and training program accredited by the Commission on Accreditation of Allied Health Education Programs in collaboration with the Committee on Accreditation for Respiratory Care; and
(3)Examination--An applicant for licensure as a respiratory care practitioner shall pass an examination recommended by the Respiratory Care Advisory Committee and approved by the board.
Source:
SL 1993, ch 273, §9; SL 2004, ch 245, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-10 - Qualification for license.

36-4C-10. Qualification for license.
The board shall grant a license to any applicant who, through written evidence, verified by oath, demonstrates:
(1)That he has been performing respiratory care services in the State of South Dakota prior to November 1, 1993; or
(2)That he is actively certified or registered by the National Board for Respiratory Care or its successor; or
(3)That he is currently licensed as a respiratory care practitioner or equivalent in any other state, District of Columbia or territory of the United States which requires standards for licensure considered by the board to be at least equivalent to the requirements for licensure in this chapter.
Source:
SL 1993, ch 273, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-11 - Fee required for license or temporary permit.

36-4C-11. Fee required for license or temporary permit.
The board shall issue a license or temporary permit to any applicant who meets the requirements of this chapter upon payment of the prescribed fee.
Source:
SL 1993, ch 273, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-12 - Renewal of license.

36-4C-12. Renewal of license.
The license of every person licensed under the provisions of this chapter shall be renewed biennially. The expiration date shall be established by the board. The board shall mail a notice for renewal of license to the last known address of each licensee currently licensed, at least ninety days prior to the expiration date of the license. The licensee shall return the notice with the required fee to the board before the expiration date. Upon receipt of the notice and fee, the board shall issue to the licensee a certificate of renewal. Failure to receive the notice for renewal of license does not relieve the licensee of the responsibility for renewing the license and paying the renewal fee within the prescribed time. Failure of a licensee to renew the license constitutes a forfeiture of such license. However, any person who has forfeited a license under this chapter may have it restored by making written application and payment of the biennial renewal fee and the late renewal fee. Late renewal of a license may not be granted more than one year after its expiration. The board may establish, by rule, promulgated pursuant to chapter 1-26, requirements for continuing education or retesting for any person who has not been licensed for a continuous period of time greater than one year. The board may establish additional requirements for license renewal which may include evidence of continuing competency.
Source:
SL 1993, ch 273, §12; SL 1994, ch 294, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-13 - Prescription and publication of fees.

36-4C-13. Prescription and publication of fees.
The board shall prescribe and publish annual fees for the following by promulgating rules pursuant to chapter 1-26:
(1)Initial license fee, not to exceed seventy-five dollars;
(2)Renewal of license fee, not to exceed sixty dollars;
(3)Late renewal fee, not to exceed ninety-five dollars; and
(4)Temporary permit fee, not to exceed forty dollars.
Source:
SL 1993, ch 273, §13; SL 2008, ch 191, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-14 - Promulgation of rules to set standards of practice.

36-4C-14. Promulgation of rules to set standards of practice.
The board may promulgate rules pursuant to chapter 1-26 to set standards of professional practice for licensed respiratory care practitioners and other rules as may be reasonably necessary to implement licensing fees and continuing education requirements.
Source:
SL 1993, ch 273, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-15 - Revocation, suspension or cancellation of license or permit--Grounds.

36-4C-15. Revocation, suspension or cancellation of license or permit--Grounds.
The license or temporary permit of a respiratory care practitioner may be revoked, suspended or cancelled upon any one of the following grounds:
(1)The licensee or temporary permit holder is guilty of fraud in the practice of respiratory care;
(2)The licensee or temporary permit holder is engaged in the practice of respiratory care under a false or assumed name and has not registered that name or is impersonating another practitioner of a like or different name;
(3)The licensee or temporary permit holder is determined by a medical examiner to be addicted to the habitual use of intoxicating liquors, narcotics or stimulants to the extent that it incapacitates him for the performance of his professional duties;
(4)The physical or mental condition of the licensee or permit holder is determined by a medical examiner to be such as to jeopardize or endanger those who seek treatment from the licensee. A majority of the board may demand an examination of the licensee or permit holder by a competent medical examiner selected by the board at the board's expense. If the licensee or permit holder fails to submit to the examination, this constitutes immediate grounds for suspension of his license or permit;
(5)The licensee or temporary permit holder obtains or attempts to obtain a license, renewal thereof or temporary permit by bribery or fraudulent representation;
(6)The licensee or temporary permit holder is guilty of unprofessional conduct as defined by the rules established by the board or violation of the code of ethics adopted and published by the board;
(7)The licensee or temporary permit holder makes a false statement on any form promulgated by the board in accordance with this chapter or the rules adopted by the board;
(8)The licensee or temporary permit holder has violated or aided or abetted others in violation of any provision of this chapter;
(9)The licensee or temporary permit holder has been convicted of any crimes related to health care or the delivery of health care.
Source:
SL 1993, ch 273, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-16 - Initiation of revocation, suspension, or cancellation proceeding.

36-4C-16. Initiation of revocation, suspension, or cancellation proceeding.
A proceeding for cancellation, revocation, or suspension of a license or temporary permit may be initiated if the board has written information that any person may have been guilty of any misconduct pursuant to §36-4C-15 or is guilty of incompetence or unprofessional or dishonorable conduct.
Source:
SL 1993, ch 273, §16; SL 2005, ch 199, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-17 - Majority of board required for revocation, suspension or cancellation proceedings.

36-4C-17. Majority of board required for revocation, suspension or cancellation proceedings.
Any proceedings relative to the cancellation, revocation, or suspension of a license or temporary permit or relative to reissuance of a license or temporary permit which has been cancelled, revoked, or suspended shall be held only when a majority of the members of the board are present at the hearing. The decision of the board to suspend, revoke or cancel a license or temporary permit or to reissue a license or temporary permit which has been cancelled, revoked, or suspended requires a majority vote of all the board members.
Source:
SL 1993, ch 273, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-18 - Procedures for revocation, suspension or cancellation of license.

36-4C-18. Procedures for revocation, suspension or cancellation of license.
Any proceeding relative to the cancellation, revocation or suspension of a license shall conform to the procedures set forth in chapter 1-26.
Source:
SL 1993, ch 273, §18.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-19 - Appeal by aggrieved party.

36-4C-19. Appeal by aggrieved party.
Any party who is aggrieved by an act, ruling or decision of the board relating to refusal to grant a license or temporary permit or cancellation, revocation or suspension of a license or temporary permit may appeal pursuant to chapter 1-26.
Source:
SL 1993, ch 273, §19.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-20 - Reinstatement of license or permit.

36-4C-20. Reinstatement of license or permit.
Upon written application establishing compliance with existing licensing or temporary permit requirements and for reasons the board deems sufficient, the board, for good cause shown, by majority vote, may, under the conditions it may impose, reinstate or reissue a license or temporary permit to any person whose license or temporary permit has been cancelled, suspended or revoked. Upon suspension of a license or temporary permit, the board may provide an automatic reinstatement thereof after a specified fixed period of time.
Source:
SL 1993, ch 273, §20.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-21 - Record keeping responsibilities of secretary of board.

36-4C-21. Record keeping responsibilities of secretary of board.
The secretary of the board shall keep a record book in which are entered the names of all persons to whom licenses or temporary permits have been granted under this chapter, the identification number of the license or temporary permit, the date of granting the license or temporary permit, license renewal dates, and other matters of record. This book is a book of records and transcripts of any record therein pertaining to a person charged with a violation of any of the provisions of this chapter, certified under the hand of the secretary, and the seal of the board, and shall be admitted as evidence in any of the courts of this state. The original books, records and papers of the board shall be kept at the office of the secretary of the board. The secretary shall furnish any person making an application a copy of any requested record, certified by him as secretary, upon payment of a fee of twenty-five cents per page.
Source:
SL 1993, ch 273, §21.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-22 - Recommendation of prosecution and civil actions.

36-4C-22. Recommendation of prosecution and civil actions.
The board shall recommend prosecutions for violations of this chapter to the appropriate state's attorney and recommend to the attorney general the commencement of civil actions to seek injunctions and other relief for violations of this chapter.
Source:
SL 1993, ch 273, §22.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-23 - Investigation of violations.

36-4C-23. Investigation of violations.
The board shall investigate every alleged violation of this chapter pursuant to the procedures set forth in chapter 36-1C. If the alleged violation is committed by a nonlicensee, the board shall report it to the proper law enforcement officials of the county wherein the alleged violation has occurred.
Source:
SL 1993, ch 273, §23; SL 2021, ch 168, § 18.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 04C - Respiratory Care Practitioners › Section 36-4C-24 - Injunction as alternative to criminal proceedings.

36-4C-24. Injunction as alternative to criminal proceedings.
Any person violating any provision of this section may be enjoined from further violations by a suit brought by the state's attorney of the county wherein the violation occurred or suit may be brought by any citizen of this state. An action for injunction is an alternative to criminal proceedings, and the commencement of one proceeding by the board constitutes an election.
Source:
SL 1993, ch 273, §24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-1 - Scope of practice--Limitations--Inapplicability to physicians.

36-5-1. Scope of practice--Limitations--Inapplicability to physicians.
Chiropractic is the science of locating and removing the cause of any abnormal transmission of nerve energy including diagnostic and applied mechanical measures incident thereto. Integral to chiropractic is the treating of specific joints and articulations of the body and adjacent tissues, to influence joints or neurophysiological functions of the body, or both, including the use of examination and treatment by manipulation, adjustment, and mobilization of a joint. No chiropractor may practice obstetrics or treat communicable diseases. The requirements of this section do not apply to those licensed pursuant to chapter 36-4.
Source:
SDC 1939, §§27.0501, 27.0510; SL 1939, ch 101, §8; SDC Supp 1960, §27.0508; SL 2007, ch 209, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-1.1 - Definitions.

36-5-1.1. Definitions.
Terms used in this chapter mean:
(1)"Board," the South Dakota Board of Chiropractic Examiners;
(2)"Chiropractic assistant," a properly qualified person who has completed an educational training program approved by the board, who assists in basic health care duties in the practice of chiropractic under the supervision of a doctor of chiropractic, and who performs delegated duties commensurate with the chiropractic assistant’s education and training, but who does not evaluate, interpret, design, or modify established treatment programs of chiropractic care or violate any statute;
(3)"Chiropractic radiography," the application of X-radiation within the scope of practice of chiropractic for diagnostic purposes only; and
(4)"Chiropractic specialist," a chiropractor who has graduated from a postdoctoral specialty program accredited by the board.
Source:
SL 2021, ch 173, § 1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-2 - Advertising or practicing without license or annual license renewal--Misdemeanor.

36-5-2. Advertising or practicing without license or annual license renewal--Misdemeanor.
Any person who advertises, practices, or attempts to practice chiropractic or who uses the title chiropractor or any word or title having a tendency to induce any person to believe that the person is a chiropractor without first having secured a license from the board or an annual license renewal from the board is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §27.9910; SL 1939, ch 101, §9; SL 1975, ch 232, §1; SL 1977, ch 190, §146; SL 2005, ch 199, §11; SL 2007, ch 210, §1; SL 2021, ch 173, § 2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-2.1 - Injunction for violation authorized.

36-5-2.1. Injunction for violation authorized.
The board may commence an action for an injunction for a violation of this chapter or regulations promulgated hereunder.
Source:
Code commission insertion in 1972 revision of volume to carry out directions in SL 1972, ch 15, §4; SL 1975, ch 232, §2; SL 2021, ch 173, § 3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-2.2 - Liability of violators for enforcement expenses.

36-5-2.2. Liability of violators for enforcement expenses.
Any person violating a provision of this chapter or regulations promulgated hereunder may also be required by the court to pay all expenses, including legal fees, incurred by the board in enforcing this chapter and the regulations promulgated hereunder.
Source: SDCL, §
36-5-2.1
as added by SL 1975, ch 232, §2; SL 2021, ch 173, § 4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-3 - Composition of board--Appointment and terms--Vacancies.

36-5-3. Composition of board--Appointment and terms--Vacancies.
The Governor shall appoint all members of the board. The board shall be composed of one lay person, who is not licensed by the board but uses the services licensed, and four members who are chiropractors in active practice in the state. The term of a member begins on January first, unless otherwise designated by the Governor. The term of a member expires on December thirty-first in the third year of the member's appointment. No member may serve more than three consecutive full terms. The Governor shall, by appointment, fill any vacancy occurring in the board. The appointment to an unexpired term is not considered a full term. The Governor may stagger terms to enable the board to have different terms expire each year.
Source:
SDC 1939, §27.0502; SL 1939, ch 101, §1; SDC Supp 1960, §27.0501; SL 1975, ch 232, §3; SL 1995, ch 215; SL 2005, ch 199, §12; SL 2021, ch 173, § 5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-4 - Officers of board--Rules and regulations--Examination of candidates.

36-5-4. Officers of board--Rules and regulations--Examination of candidates.
The board shall elect annually from its members a president, vice president, and secretary. No member may serve as president more than three consecutive one-year terms. The board may promulgate rules, pursuant to chapter 1-26, to carry out and make effective the provisions and purposes of this chapter. The board shall examine candidates for license and transact any business that comes before it at least twice annually in June and December of each year, at such times and places as may be designated by the board.
Source:
SDC 1939, §§27.0502, 27.0503; SL 1939, ch 101, §§1, 6; SDC Supp 1960, §§27.0501, 27.0506; SL 1975, ch 232, §4; SL 2021, ch 173, § 7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-4.1 - Records and reports.

36-5-4.1. Records and reports.
The board shall submit any records, information, and reports in the form and at the times as required by the Department of Health, except that the board shall report at least annually.
Source:
SL 1973, ch 2, §56 (f); SL 2003, ch 272, §34; SL 2021, ch 173, § 8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-6 - Acceptance of funds by the board--Separate fund--Payments from fund--Expense limited by revenue.

36-5-6. Acceptance of funds by the board--Separate fund--Payments from fund--Expense limited by revenue.
The board shall deposit all funds it receives or collects under the provisions of this chapter in the bank that is authorized by the board. The board may expend funds for administrative, consultative, and other necessary services for the board in an amount set by the board. The funds may be withdrawn by the executive director as authorized by the board. All compensation and other expenses of the board must be paid from the funds received under the provisions of this chapter. No expenses may be incurred by the board in excess of the board's revenue.
Source:
SDC 1939, §27.0504; SL 1939, ch 101, §6; SDC Supp 1960, §27.0506; SL 2021, ch 173, § 10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-8 - Educational requirements for license.

36-5-8. Educational requirements for license.
Any person is eligible for licensure who has satisfactorily completed two years of preprofessional study in a liberal arts or science course at any college or university and who is a graduate of a chiropractic school approved by the board. The minimum requirements for licensure of any person graduating on or after January 1, 2011, is a baccalaureate degree in addition to a doctor of chiropractic degree. The baccalaureate degree may be granted by an accredited undergraduate program or by a chiropractic college or university that can offer a dual degree.
Source:
SDC 1939, §27.0506; SL 1939, ch 101, §2; SDC Supp 1960, §27.0502; SL 1967, ch 95; SL 1975, ch 232, §5; SL 1993, ch 274, §1; SL 2007, ch 211, §1; SL 2020, ch 168, § 3; SL 2021, ch 173, § 11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-11 - Application for license--Fee.

36-5-11. Application for license--Fee.
Any applicant for a license pursuant to this chapter shall apply on a form prescribed by the board and pay the fee for the license required pursuant to this chapter. The fee for the license shall be set by rule, promulgated by the board pursuant to chapter 1-26, and may not exceed three hundred dollars. The applicant shall also satisfy all other qualifications required pursuant to this chapter.
Source:
SDC 1939, §27.0507; SL 1939, ch 101, §3; SDC Supp 1960, §27.0503; SL 1975, ch 232, §7; SL 1981, ch 274, §1; SL 1986, ch 302, §51; SL 2002, ch 177, §1; SL 2008, ch 191, §9; SL 2021, ch 173, § 14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-12 - Scope of examinations.

36-5-12. Scope of examinations.
An applicant shall pass all parts of the National Board of Chiropractic Examiners exams that are available at the time of graduation.
Source:
SDC 1939, §27.0507; SL 1939, ch 101, §3; SDC Supp 1960, §27.0503; SL 1975, ch 232, §8; SL 1986, ch 303; SL 1993, ch 274, §3; SL 2021, ch 173, § 15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-13 - License without examination on certification from another state or national board--Fee.

36-5-13. License without examination on certification from another state or national board--Fee.
Any person licensed to practice chiropractic under the laws of any other state having equivalent requirements of this chapter or licensed by the National Board of Chiropractic Examiners may be issued a license to practice chiropractic in this state without examination, upon payment of the fee pursuant to § 36-5-11.
Source:
SDC 1939, §27.0508; SL 1939, ch 101, §4; SDC Supp 1960, §27.0504; SL 1975, ch 232, §9; SL 1981, ch 274, §2; SL 1986, ch 302, §52; SL 2002, ch 177, §2; SL 2008, ch 191, §10; SL 2021, ch 173, § 16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-14 - Display of license.

36-5-14. Display of license.
A practitioner shall conspicuously display the practitioner's license to practice chiropractic at the office of the practitioner.
Source:
SDC 1939, §27.0507; SL 1939, ch 101, §3; SDC Supp 1960, §27.0503; SL 1998, ch 224, §1; SL 2021, ch 173, § 17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-14.1 - Annual renewal of license--Fee.

36-5-14.1. Annual renewal of license--Fee.
Any license issued pursuant to this chapter shall be renewed annually on or before the thirty-first day of December. The renewal shall be issued by the board upon payment of the fee set by rule, promulgated by the board pursuant to chapter 1-26, not exceeding the sum of three hundred dollars. The renewal license shall be in the form of a receipt acknowledging payment of the required fee and signed by the executive secretary of the board.
Source:
SL 1975, ch 232, §12; SL 1986, ch 302, §53; SL 2000, ch 190, §1; SL 2002, ch 177, §3; SL 2005, ch 199, §13; SL 2008, ch 191, §11; SL 2021, ch 173, § 18.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-14.2 - Additional requirements for annual license.

36-5-14.2. Additional requirements for annual license.
The board may provide, by rule, promulgated pursuant to chapter 1-26, additional requirements for the obtaining of an annual license.
Source:
SL 1975, ch 232, §13; SL 2021, ch 173, § 19.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-14.3 - Certain healing arts practitioners to participate in alternate health care delivery systems.

36-5-14.3. Certain healing arts practitioners to participate in alternate health care delivery systems.
Any licensed chiropractor may organize or contract for services with a corporation organized under the laws of this state by licensed practitioners of the healing arts, for the purpose of negotiating group health care contracts and providing services within the scope of their respective licenses with alternate health care delivery systems, including, but not limited to, health maintenance organizations, preferred provider organizations, individual practices organizations or other similar forms of entity whatever.
Source:
SL 1987, ch 269, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-15 - Rules of practice governing chiropractors--Privileges.

36-5-15. Rules of practice governing chiropractors--Privileges.
Chiropractors are subject to the same uniform rules, both public and state, that govern physicians or healers of other schools as to births and deaths and the control of contagious diseases and are entitled to all the privileges granted other physicians or healers pertaining to the public health. These include the privilege of taking a complete, detailed, and accurate history for the purposes of doing a physical examination for participation in high school or other athletics, and of certifying that the patient is healthy and able to participate.
Source:
SDC 1939, §27.0510; SL 1939, ch 101, §8; SDC Supp 1960, §27.0508; SL 2000, ch 191, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-15.1 - Chiropractic physician preceptor program.

36-5-15.1. Chiropractic physician preceptor program.
The board may establish a chiropractic physician preceptor associate program. The board may promulgate rules pursuant to chapter 1-26 to implement this section.
Source:
SL 1979, ch 251; SL 2021, ch 173, § 20.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-15.2 - Regulation and licensing of practice of chiropractic and chiropractic radiography--Enforcement--Hearing officers.

36-5-15.2. Regulation and licensing of practice of chiropractic and chiropractic radiography--Enforcement--Hearing officers.
The board shall:
(1)Establish, by rule promulgated pursuant to chapter 1-26, standards for, and to promote, the safe and qualified practice of chiropractic;
(2)Be responsible for all disciplinary proceedings under this chapter;
(3)Establish, by rule promulgated pursuant to chapter 1-26, educational, training, and competency standards governing the examination and practice of practitioners under this chapter and specify the minimum educational qualifications general practitioners shall have to present themselves as chiropractic specialists to the public;
(4)Examine, or cause to be examined, for competency, eligible applicants for licenses to practice chiropractic and chiropractic radiography;
(5)Issue licenses to those applicants who successfully complete the licensure examination and renew the licenses of those who continue to meet the licensure standards of this chapter and the board's rules; and
(6)Establish, by rule promulgated pursuant to chapter 1-26, an annual registration fee, not to exceed fifty dollars from those persons practicing chiropractic radiography.
Source:
SL 1985, ch 298, §2; SL 2021, ch 173, § 21.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-15.3 - Education and experience requirement rules for practice of chiropractic radiography.

36-5-15.3. Education and experience requirement rules for practice of chiropractic radiography.
The board may, by rule promulgated pursuant to chapter 1-26, establish minimum educational and training requirements and continuing education requirements to practice chiropractic radiography. The board may also require, or substitute, clinical experience in addition to, or in lieu of, educational and training requirements.
Source:
SL 1985, ch 298, §1; SL 2021, ch 173, § 22.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-15.5 - Unlicensed practice of chiropractic radiography as misdemeanor.

36-5-15.5. Unlicensed practice of chiropractic radiography as misdemeanor.
Any person who practices or attempts to practice chiropractic radiography without first having secured a license from the board and an annual license renewal is guilty of a Class 1 misdemeanor.
Source:
SL 1985, ch 298, §4; SL 2021, ch 173, § 24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-16 - Grounds for refusal or revocation of license--Procedure.

36-5-16. Grounds for refusal or revocation of license--Procedure.
The board may, in compliance with chapter 1-26, refuse to grant a license to any person otherwise qualified, and may revoke the license of any chiropractor who is not of good moral character; who solicits professional patronage by agents; who is guilty of unprofessional conduct, incompetency, habitual intoxication, the use of narcotics, fraud, or deception; who shall be convicted of a felony; or who practices contrary to the provisions of this chapter or the rules of the board. The board shall define by rule the foregoing grounds for revocation and refusal.
Source:
SDC 1939, §27.0509; SL 1939, ch 101, §5; SDC Supp 1960, §27.0505; SL 1975, ch 232, §10; SL 2005, ch 199, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-16.1 - Suspension, reprimand, or probation in lieu of revocation--Hearing.

36-5-16.1. Suspension, reprimand, or probation in lieu of revocation--Hearing.
The board may, in lieu of revocation, suspend a licensee, issue a formal reprimand, or place the licensee on probation under such terms and conditions as may be defined by the board after hearing.
Source:
SDCL, §36-5-16 as added by SL 1975, ch 232, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-17 - Appeal from board.

36-5-17. Appeal from board.
An appeal from the decision of the board may be taken as provided by chapter 1-26.
Source:
SDC 1939, §27.0509; SL 1939, ch 101, §5; SDC Supp 1960, §27.0505; revised pursuant to SL 1972, ch 15, §4; SL 2021, ch 173, § 25.