reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:03 - Approval of schools › Section 20:39:03:08 - Credit for general coursework earned in related educational programs

Current through Register Vol. 51, page 10, July 15, 2024
A licensed cosmetologist, nail technician and esthetician
				  seeking a barber certificate may be granted maximum credit for related hours
				  and curriculum earned in another educational program as shown below:
(1) General infection control: implements and
				equipment; first aid: blood exposure standards: 90 hours:
(2) Professional standards and development:
				effective communication; business practices: and state laws and rules: 60
				hours:
(3) Scientific fundamentals,
				including hygiene; bacteriology; anatomy: chemistry; electricity; diseases of
				the skin and hair; massaging and manipulating the muscles of the upper body:
				200 hours;
(4) Principles of hair
				design, scalp care, shampooing, haircutting and hairstyling: 300 hours:
(5) Chemical hair services,
				including chemical texture services; and hair coloring: 280 hours;
(6) Shaving, including care and use of a
				straight-edge razor: 130 hours: and
(7) Skin sciences, including physiology and
				histology of the skin; skin care products; chemistry, ingredients and
				selection: 70 hours.
General Authority:
SDCL
					 36-14-7.1. 36-14-9.
Law Implemented:
SDCL
					 36-14-7.1.
					 36-14-17.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:03 - Approval of schools › Section 20:39:03:09 - Credit for hours from other institutions

Current through Register Vol. 51, page 10, July 15, 2024
Any individual seeking credit for coursework completed at an
				  institution not teaching the practice of barbering. shall submit an official
				  transcript from that institution.
For education earned in a credit hour program, each credit
				  hour is equal to 30 clock hours.
General Authority:
SDCL
					 36-14-7.1.
Law Implemented:
SDCL
					 36-14-7.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:03 - Approval of schools › Section 20:39:03:10 - Instructor requirements for initial licensure

Current through Register Vol. 51, page 10, July 15, 2024
To receive an instructor license. the applicant
				  shall:
(1) Possess a South Dakota
				barber certificate of registration:
(2) Complete at least one year of licensed
				barber experience:
(3) Complete at
				least 500 hours of instructor training to include methods of teaching, student
				barber services, and clinic floor management, of which 100 hundred hours must
				be instructing experience in a licensed barber school under the direct
				supervision of a licensed barber instructor; and
(4) Passage of a board-approved instructor
				theory examination.
General Authority:
36-14-9.
Law
					 Implemented:
36-14-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:03 - Approval of schools › Section 20:39:03:11 - Instructor requirements and responsibilities

Current through Register Vol. 51, page 10, July 15, 2024
All instructors employed at a school must have the following
				  responsibilities:
(1) Check clients
				receiving services from a student before, during, and after the performance of
				the services;
(2) Be readily
				identified at all times while instructing;
(3) Supervise students. Each instructor may
				directly supervise a maximum of 15 students at any one time, except an
				instructor may teach any number of students in the theory classroom;
				and
(4) Be present during any
				demonstration.
Must be present. A person qualified and trained in a
				  particular profession for special instruction of students in the field of that
				  person's specialty may demonstrate services to students. A demonstrator shall
				  be readily identifiable as a demonstrator at all times of the
				  demonstration.
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:03 - Approval of schools › Section 20:39:03:12 - Substitute instructors

Current through Register Vol. 51, page 10, July 15, 2024
A barber school licensed by the board may hire a substitute
				  instructor if:
(1) The individual is a
				registered barber in this stale:
(2) The substitute instructor instructs 80
				hours or less during a calendar year; and
(3) The barber school notifies the board
				office as soon as the emergency need arises with the name of the substitute
				instructor and the hours the substitute will be instructing.
A substitute instructor cannot be otherwise employed by the
				  school.
General Authority:
SDCL
					 36-14-9(2).
Law Implemented:
SDCL
					 36-14-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:03 - Approval of schools › Section 20:39:03:13 - Student barber practice

Current through Register Vol. 51, page 10, July 15, 2024
Student barber practice must meet the following
				  conditions:
(1) Each school shall
				place a sign, either on the front window or extending above the front door,
				giving the name of the school and stating that it is a school or college of
				barbering;
(2) No school may
				advertise outside the school the prices charged in the school or that the
				school is a barber shop;
(3) No
				commissions in any form may be paid by the school to students:
(4) A sign must be displayed inside the
				school near the entrance indicating that all work done in the school is done by
				students;
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-9.
					 36-14-17.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:03 - Approval of schools › Section 20:39:03:14 - Waiver of exam for reciprocity applicants

Current through Register Vol. 51, page 10, July 15, 2024
The adopted
				  version of this section by
				  47
				  SDR 008, effective
				  8/3/2020 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:04 - Examinations › Section 20:39:04:01 - Number and location of examinations

Current through Register Vol. 51, page 10, July 15, 2024
The board shall administer examinations for barber and
				  instructor certificates at a location designated by the
				  board.
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-13,
					 36-14-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:04 - Examinations › Section 20:39:04:02 - Location of examinations - Notice

Current through Register Vol. 51, page 10, July 15, 2024
The board shall, by notice posted one month in advance of
				  each examination in the office of Department of Labor and Regulation, prescribe
				  the location and date of each barber examination.
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-13,
					 36-14-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:04 - Examinations › Section 20:39:04:03 - Passing scores for barber examinations

Current through Register Vol. 51, page 10, July 15, 2024
Each applicant for registered barber and instructor shall
				  pass a practical and written examination with a minimum score on each
				  examination of 75 percent.
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-13,
					 36-14-17.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:05 - Fees Required › Section 20:39:05:01 - Renewal fee for barber certificate of registration

Current through Register Vol. 51, page 10, July 15, 2024
For the annual renewal of a certificate of registration to
				  practice barbering the fee is $75. For the restoration of an expired
				  certificate the fee is $15, plus $12 penalty for each expired year, plus the
				  annual license fee.
General Authority:
SDCL
					 36-14-9,
					 36-14-24.
Law Implemented:
SDCL
					 36-14-22,
					 36-14-24.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:05 - Fees Required › Section 20:39:05:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-14-9,
					 36-14-24.
Law Implemented:
SDCL
					 36-14-22,
					 36-14-24.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:05 - Fees Required › Section 20:39:05:03 - Fee to operate a barber school

Current through Register Vol. 51, page 10, July 15, 2024
The fee to operate a barber school or college is $150
				  annually.
General Authority:
SDCL
					 36-14-9,
					 36-14-24.
Law Implemented:
SDCL
					 36-14-9,
					 36-14-24.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:05 - Fees Required › Section 20:39:05:04 - Fee to operate a barber shop

Current through Register Vol. 51, page 10, July 15, 2024
The fee to operate a barber shop is $50 annually plus $10 for
				  each barber chair.
General Authority:
SDCL
					 36-14-9,
					 36-14-27.
Law Implemented:
SDCL
					 36-14-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:01 - Definitions › Section 20:41:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
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.
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.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:01 - Definitions › Section 20:41:01:02 - Manipulation/mobilization - Manipulation/adjustment

Current through Register Vol. 51, page 10, July 15, 2024
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.
Click To View
				  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 jointjoint 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.
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).
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.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:02 - Declaratory rulings › Section 20:41:02:01 - Procedure to obtain declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
					 36-5-4,
					 36-5-21(4).
Law Implemented:
SDCL
					 1-26-15,
					 36-5-21(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:02 - Declaratory rulings › Section 20:41:02:02 - Hearings on petition to obtain declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
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. 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.
General Authority:
SDCL
					 36-5-4,
					 36-5-21(4).
Law Implemented:
SDCL
					 1-26-15,
					 36-5-21(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:02 - Declaratory rulings › Section 20:41:02:03 - Decisions

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
					 36-5-4,
					 36-5-21(4)
Law Implemented:
SDCL
					 1-26-13,
					 1-26-15,
					 36-5-21(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:02 - Declaratory rulings › Section 20:41:02:04 - Conduct of hearings

Current through Register Vol. 51, page 10, July 15, 2024
Hearings held by the board, unless otherwise required by
				  statute, must be conducted in accordance with the provisions of SDCL chapter
				  1-26.
General Authority:
SDCL
					 36-5-4,
					 36-5-15.2,
					 36-5-21(4).
Law Implemented:
SDCL
					 1-26-15,
					 36-5-21(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:04 - Educational institutions › Section 20:41:04:01 - Approved chiropractic schools

Current through Register Vol. 51, page 10, July 15, 2024
All applicants for licensure must present evidence of having
				  graduated from a chiropractic college accredited by the Council on Chiropractic
				  Education.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-8,
					 36-5-9.
"Institutions Holding Accredited Status." Copies may be
					 obtained from the Council on Chiropractic Education at
www.cce-usa.org
.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:04 - Educational institutions › Section 20:41:04:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-8,
					 36-5-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:05 - Applications for examination › Section 20:41:05:01 - Application for licensure

Current through Register Vol. 51, page 10, July 15, 2024
Each applicant shall apply to the board on prescribed forms.
				  All applicants must appear in person at a regular meeting of the board of
				  chiropractic examiners after submitting their application.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:05 - Applications for examination › Section 20:41:05:01.01 - Application submission more than two years after graduation

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:05 - Applications for examination › Section 20:41:05:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:05 - Applications for examination › Section 20:41:05:03 - Verified information on other licenses and experience

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:05 - Applications for examination › Section 20:41:05:04 - Attachments and other information in connection with application

Current through Register Vol. 51, page 10, July 15, 2024
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 verified copy of
				the applicant's college diploma and grades;
(4) Certification required by SDCL
				36-5-9;
(5) A verified 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.
All materials required by this section must be received in
				  the board office at least 15 days before the examination date.
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.
"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.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:05 - Applications for examination › Section 20:41:05:04.01 - Criminal background investigation required Procedure Results furnished to board

Current through Register Vol. 51, page 10, July 15, 2024
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.
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.
"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.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:05 - Applications for examination › Section 20:41:05:05 - Reciprocity

Current through Register Vol. 51, page 10, July 15, 2024
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 required application a certification from 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 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 passage and shall consider the NBCE
				  recommended score to make that determination.
General Authority:
SDCL
					 36-5-4,
					 36-5-13.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-10,
					 36-5-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:05 - Applications for examination › Section 20:41:05:06 - Inactive status of license

Current through Register Vol. 51, page 10, July 15, 2024
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.
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).
Annual renewal fees, ch
					 20:41:07.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:05 - Applications for examination › Section 20:41:05:06.01 - Lapse of license

Current through Register Vol. 51, page 10, July 15, 2024
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. No person may practice chiropractic in South
				  Dakota with a lapsed license.
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).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:05 - Applications for examination › Section 20:41:05:06.02 - Reactivation of inactive license or reinstatement of lapsed license

Current through Register Vol. 51, page 10, July 15, 2024
A chiropractor with an inactive or lapsed 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 paving 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 or lapsed 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 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 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).
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).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:05 - Applications for examination › Section 20:41:05:07

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-9,
					 36-5-14.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:05 - Applications for examination › Section 20:41:05:09

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-5-4,
					 36-5-12.
Law Implemented:
SDCL
					 36-5-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:05 - Applications for examination › Section 20:41:05:10 - Financial responsibility

Current through Register Vol. 51, page 10, July 15, 2024
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.
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).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:05 - Applications for examination › Section 20:41:05:11 - Exemption from financial responsibility

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
					 36-5-4,
					 36-5-14.2.
Law Implemented:
SDCL
					 36-5-14.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:05 - Applications for examination › Section 20:41:05:12 - Exemption from licensing requirement for a person licensed in another state

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
					 36-5-4,
					 36-5-13.
Law Implemented:
SDCL
					 36-5-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:05 - Applications for examination › Section 20:41:05:13 - Licensure of military personnel and spouses

Current through Register Vol. 51, page 10, July 15, 2024
The Board shall expedite the process of licensure for those
				  applicants who are active duty military personnel and their spouses. The Board
				  shall issue a license within thirty (30) days of receipt of a completed
				  application if the conditions set forth in 20:41:05 are met. The licensing fees
				  for the military member and spouse are waived per SDCL
				  36-IB-4.
General Authority:
SDCL
					 36-1B-5.
Law Implemented:
SDCL
					 36-1B-1, and
					 36-1B-2.1
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:06 - Other forms › Section 20:41:06:01 - Duplicate certificate

Current through Register Vol. 51, page 10, July 15, 2024
A licensee may obtain a duplicate license from the board by
				  furnishing proof of loss of the original certificate and payment of
				  $5.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-4.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:06 - Other forms › Section 20:41:06:02 - Current contact information

Current through Register Vol. 51, page 10, July 15, 2024
A licensee shall file current mail and email addresses along
				  with phone and fax numbers with the board.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-4.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:07 - Annual renewal fees › Section 20:41:07:01 - Annual active renewal fee

Current through Register Vol. 51, page 10, July 15, 2024
The annual license renewal fee is $100.
General Authority:
SDCL
					 36-5-4,
					 36-5-14.1.
Law Implemented:
SDCL
					 36-5-14.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:07 - Annual renewal fees › Section 20:41:07:02 - Annual inactive fee

Current through Register Vol. 51, page 10, July 15, 2024
The annual fee for inactive chiropractors is
				  $50.
General Authority:
SDCL
					 36-5-4,
					 36-5-14.1.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-14.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:07 - Annual renewal fees › Section 20:41:07:03 - Renewal application

Current through Register Vol. 51, page 10, July 15, 2024
All licensees are required to complete a renewal application
				  in such form as required by the board.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-14.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:08 - Continuing education › Section 20:41:08:01 - Continuing education courses

Current through Register Vol. 51, page 10, July 15, 2024
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 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.
The board may approve courses for continuing education
				  outside of CCE based on its relationship to chiropractic providing a certifying
				  agent can attest to the hours.
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).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:08 - Continuing education › Section 20:41:08:02 - Continuing education hours

Current through Register Vol. 51, page 10, July 15, 2024
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 ending on the odd years. Licensees shall complete up to two
				  general hours as determined by the board. All active licensees must maintain
				  proof of current and valid CPR certification. Two hours to maintain this CPR
				  certification may be used towards the CE hours required by this rule. The
				  lecture component may be taken on-line or attended at a live class. The skill
				  test component must be in-person and at a live class. Any chiropractor who is
				  certified to provide acupuncture must acquire eight hours of acupuncture
				  continuing education per education cycle. Special hours listed shall count
				  toward the total CE required each education cycle.
General Authority:
SDCL
					 36-5-4,
					 36-5-14.2.
Law Implemented:
SDCL
					 36-5-14.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:08 - Continuing education › Section 20:41:08:03 - Continuing education waiver

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-16,
					 36-5-14.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:08 - Continuing education › Section 20:41:08:04 - Information required for course approval

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-1,
					 36-5-4,
					 36-5-14.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:08 - Continuing education › Section 20:41:08:05 - Approval of courses

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
					 36-5-4,
					 36-5-14.2.
Law Implemented:
SDCL
					 36-5-1,
					 36-5-4,
					 36-5-14.2.
Approved chiropractic schools, §
											20:41:04:01.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:09 - Ethics committee and code of ethics › Section 20:41:09:01 - Patient care and charges

Current through Register Vol. 51, page 10, July 15, 2024
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.
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).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:09 - Ethics committee and code of ethics › Section 20:41:09:01.01 - Informed consent

Current through Register Vol. 51, page 10, July 15, 2024
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.
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).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:09 - Ethics committee and code of ethics › Section 20:41:09:02 - Concealment of patient condition

Current through Register Vol. 51, page 10, July 15, 2024
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.
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.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:09 - Ethics committee and code of ethics › Section 20:41:09:03 - Referrals

Current through Register Vol. 51, page 10, July 15, 2024
The chiropractor shall refer a patient to another
				  chiropractor or other health professional upon discovering inability to
				  successfully treat the patient.
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.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:09 - Ethics committee and code of ethics › Section 20:41:09:04 - Cooperation with board or ethics committee

Current through Register Vol. 51, page 10, July 15, 2024
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.
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).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:09 - Ethics committee and code of ethics › Section 20:41:09:04.01 - Doctor-patient confidentiality

Current through Register Vol. 51, page 10, July 15, 2024
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.
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.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:09 - Ethics committee and code of ethics › Section 20:41:09:05 - Specialty listings

Current through Register Vol. 51, page 10, July 15, 2024
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.
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.