reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:09 - Ethics committee and code of ethics › Section 20:41:09:06 - Distributed material

Current through Register Vol. 51, page 10, July 15, 2024
Distributed or advertised material may not make any promise
				  of special techniques, methods of cure, or imply superiority. Such material may
				  not contain statements that are false or misleading and shall not falsely
				  castigate or criticize other health sciences or make claims that cannot be
				  substantiated by clinical, laboratory, or diagnostic
				  procedures.
General Authority:
SDCL
					 36-5-4,
					 36-5-15.2(3),
					 36-5-20(4),
					 36-5-21(5).
Law Implemented:
SDCL
					 36-5-4,
					 36-5-15.2(3),
					 36-5-16,
					 36-5-20(4),
					 36-5-21(5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:09 - Ethics committee and code of ethics › Section 20:41:09:07.01 - Advertising

Current through Register Vol. 51, page 10, July 15, 2024
Doctors of chiropractic may not take part in advertising
				  which is false, fraudulent, deceptive, or misleading. Advertising includes, but
				  is not limited to, written, recorded, broadcast, live, or electronic
				  communication. Sanctions may be imposed for the use of improper advertising
				  based upon any of the following grounds:
(1) Advertising in which untruthful,
				improper, misleading, or deceptive statements are made;
(2) Advertising which guarantees any service
				or result;
(3) Advertising that
				represents to the public the chiropractor possesses special skill, training,
				knowledge, or qualifications unless the board has recognized the training or
				certification on which the representation is based;
(4) Advertising the waiver of a payment for
				any part of a deductible or co-payment that a patient, pursuant to a health
				insurance or health care policy, contract, or plan that covers the
				chiropractor's services, is otherwise required to pay;
(5) Advertising no out-of-pocket expenses or
				practicing the same;
(6)
				Advertising free or discounted examination or service. Advertising which offers
				free or discounted service for public service programs must be pre-approved by
				the board; or
(7) Advertising a
				discount of a fee for any patient that pays in cash at the time of
				service.
General Authority:
SDCL
					 36-5-4,
					 36-5-15.2(1).
Law Implemented:
SDCL
					 36-5-4,
					 36-5-15,
					 36-5-15.2(1),
					 36-5-20(4),
					 36-5-21(5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:09 - Ethics committee and code of ethics › Section 20:41:09:10 - Unauthorized practice and division of fees

Current through Register Vol. 51, page 10, July 15, 2024
No chiropractor may permit his or her professional services
				  or name to be used in aid of, or to make possible, the unauthorized practice of
				  chiropractic. Partnerships between chiropractors and others not licensed under
				  SDCL title 36 may not be formed or permitted where any part of the
				  partnership's employment consists of the practice of chiropractic or the
				  partnership would involve use of the chiropractic facilities for any purpose by
				  persons not licensed under SDCL title 36. No division of fees for services is
				  allowed, except with another chiropractor or a person licensed under SDCL title
				  36, and then based only upon the division of service or responsibility.
The formation of any business with other professionals
				  licensed under SDCL title 36 shall be made in compliance with SDCL chapter
				  47-11 F.
General Authority:
SDCL
					 36-5-4,
					 36-5-14.3,
					 47-11F-3.
Law Implemented:
SDCL
					 36-5-1,
					 36-5-2,
					 36-5-4,
					 36-5-14.2,
					 36-5-14.3,
					 36-5-15,
					 36-5-15.2,
					 36-5-16,
					 36-5-21(5),
					 47-11F-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:09 - Ethics committee and code of ethics › Section 20:41:09:11 - Code of ethics

Current through Register Vol. 51, page 10, July 15, 2024
A chiropractor shall follow the preamble and parts I - XIV
				  of the 2007 American Chiropractic Association Code of Ethics or the preamble of
				  the 1985 International Chiropractors Association Code of
				  Ethics.
General Authority:
SDCL
					 36-5-4,
					 36-5-15.2(1).
Law Implemented:
SDCL
					 36-5-4,
					 36-5-16.
Copies may be obtained from the American Chiropractic
					 Association at
www.acatoday.org
or
					 International Chiropractors Association at
					 http://www.chiropractic.ore/.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:09 - Ethics committee and code of ethics › Section 20:41:09:12 - Ethics opinions

Current through Register Vol. 51, page 10, July 15, 2024
The board or the ethics committee shall issue advisory
				  opinions based upon ethical issues and rule interpretations. These opinions are
				  merely advisory in nature and may not be relied upon in actions brought before
				  the disciplinary board or legal proceedings.
General Authority:
SDCL
					 36-5-4,
					 36-5-15.2(1),
					 36-5-21(5).
Law Implemented:
SDCL
					 36-5-4,
					 36-5-16,
					 36-5-21(5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:09 - Ethics committee and code of ethics › Section 20:41:09:13 - Requests for ethics opinions

Current through Register Vol. 51, page 10, July 15, 2024
A request for an advisory opinion may be submitted by any
				  chiropractic physician licensed to practice chiropractic under the laws of the
				  state of South Dakota. The board or the ethics committee shall issue an
				  advisory opinion or declaratory ruling within 90 days of receipt of a written
				  inquiry and mail a copy of the opinion to the inquiring
				  chiropractor.
General Authority:
SDCL
					 36-5-4,
					 36-5-15.2(1),
					 36-5-21(4).
Law Implemented:
SDCL
					 36-5-4,
					 36-5-16,
					 36-5-21(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:09 - Ethics committee and code of ethics › Section 20:41:09:14 - Purpose of ethics committee

Current through Register Vol. 51, page 10, July 15, 2024
There is hereby established an ethics committee, the members
				  of which shall function at the will of the board. The purpose of the ethics
				  committee is to issue advisory opinions based upon ethical issues and rule
				  interpretations. These opinions are merely advisory in nature and may not be
				  relied upon in actions brought before the board or the disciplinary committee
				  or in legal proceedings.
General Authority:
SDCL
					 36-5-4,
					 36-5-21(1).
Law Implemented:
SDCL
					 36-5-4,
					 36-5-21(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:09 - Ethics committee and code of ethics › Section 20:41:09:15 - Composition of ethics committee

Current through Register Vol. 51, page 10, July 15, 2024
The ethics committee shall be comprised of a chair, a
				  secretary, and a minimum of three additional members, who shall be
				  chiropractors appointed by the board and shall serve at the pleasure of the
				  board. At least one member of the ethics committee shall be a former board
				  member. Ethics committee members may be removed from the ethics committee by a
				  vote of the board, at any time, without cause.
General Authority:
SDCL
					 36-5-4,
					 36-5-21(2).
Law Implemented:
SDCL
					 36-5-4,
					 36-5-21(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:09 - Ethics committee and code of ethics › Section 20:41:09:16 - Qualifications of ethics committee members

Current through Register Vol. 51, page 10, July 15, 2024
To hold a position on the ethics committee, a member
				  shall:
(1) Hold an active license to
				practice chiropractic in the state of South Dakota, which license is in good
				standing with the board; and
(2)
				Have held an active license to practice chiropractic in the state of South
				Dakota for a period of ten years.
Committee members shall serve terms of three calendar years.
				  No member may serve more than three consecutive terms.
General Authority:
SDCL
					 36-5-4,
					 36-5-21(3).
Law Implemented:
SDCL
					 36-5-4,
					 36-5-21(3).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:01 - Board action in general

Current through Register Vol. 51, page 10, July 15, 2024
The board, through a designated investigator or the
				  disciplinary committee, shall promptly investigate all complaints filed in
				  writing with the board or the disciplinary committee and violations which come
				  to the attention of one or more board members. This chapter applies to holders
				  of licenses or certificates regulated by the Board of Chiropractic
				  Examiners.
General Authority:
SDCL
					 36-5-4,
					 36-5-20(4).
Law Implemented:
SDCL
					 36-5-4,
					 36-5-15.2(2),
					 36-5-16,
					 36-5-20(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:02 - Unprofessional conduct

Current through Register Vol. 51, page 10, July 15, 2024
Willfully practicing beyond the scope of practice, violating
				  the terms of suspension or probation ordered by the board or following a course
				  of conduct or practice in violation of SDCL 36-5 or in violation of this
				  article constitutes unprofessional conduct.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-16.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:02.01 - Solicitations

Current through Register Vol. 51, page 10, July 15, 2024
It is unprofessional conduct for a licensee or the agent of a
				  licensee to solicit any person who is vulnerable to undue influence. For
				  example, without limitation, any person known by the licensee to have recently
				  been involved in a motor vehicle accident, involved in a work-related accident,
				  or injured by, or as the result of the actions of, another person is considered
				  to be vulnerable to undue influence. An agent is a person who renders service
				  to a licensee on a contract basis and is not an employee of the licensee. To
				  solicit is the attempt to acquire a new patient through information obtained
				  from a law enforcement agency, medical facility or the report of any other
				  party, which information indicates that the potential new patient may be
				  vulnerable to undue influence.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-16.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:03 - Incompetence

Current through Register Vol. 51, page 10, July 15, 2024
Willfully failing to continue professional education or
				  failing to participate in the required continuing education courses or
				  willfully failing to cooperate with and respond in writing within 15 days after
				  personal receipt of a board inquiry or investigation constitutes
				  incompetence.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-16.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:04 - Good moral character

Current through Register Vol. 51, page 10, July 15, 2024
A person licensed or certified by the board convicted of a
				  crime involving moral turpitude is not of good moral
				  character.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-16.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:05 - Fraud or deception

Current through Register Vol. 51, page 10, July 15, 2024
A person licensed or certified by this board who practices or
				  attempts to practice under an assumed name or who gives or makes a knowingly
				  false statement to the board, is guilty of a fraudulent or deceptive practice.
				  The terms fraud or deception are not limited to this
				  definition.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-16.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:05.01 - Disciplinary complaints

Current through Register Vol. 51, page 10, July 15, 2024
The board, through its investigator or the disciplinary
				  committee, shall promptly investigate any complaints of misconduct or
				  violations filed in writing and signed by a complaining party toward any person
				  licensed or certified by the board. The board shall impose appropriate
				  sanctions as established under this chapter to protect the public health,
				  safety, and welfare of the state of South Dakota. The board may also by
				  resolution initiate disciplinary proceedings.
General Authority:
SDCL
					 36-5-4,
					 36-5-15.2(1),
					 36-5-20(4).
Law Implemented:
SDCL
					 36-5-4,
					 36-5-15.2(2),
					 36-5-20(4).
Procedure in contested cases, SDCL
					 1-26-16 to
					 1-26-29.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:05.02 - Actions which may warrant sanctions

Current through Register Vol. 51, page 10, July 15, 2024
The board may impose sanctions against a chiropractor,
				  chiropractic assistant, or chiropractic radiographer based upon any of the
				  following:
(1) Engaging in conduct
				outside the scope of practice including any conduct or practice contrary to
				recognized standard of ethics of the chiropractic profession or any conduct or
				practice which does or might constitute a danger to the health or safety of a
				patient or the public or any conduct, practice, or condition which does or
				might impair a license or certificate holder's ability to safely and skillfully
				practice;
(2) Failure to continue
				professional education or failure to participate in the required continuing
				education courses as provided under the provisions of chapter 20:41:08;
				20:41:13:12; 20:41:15:09:
(3)
				Failure to maintain current knowledge of statutes, rules, and regulations
				regarding the practice of chiropractic;
(4) Failure to cooperate with and respond in
				writing within 15 days after personal receipt of any board or board authorized
				committee inquiry or investigation;
(5) Failure to maintain proper patient
				records on each patient. Patient records must be clear and legible and include:
(a) A description of the patient's
				complaint;
(b) A history;
(c) A record of diagnostic and therapeutic
				procedures; and
(d) A record of
				daily documentation which must include subjective data, objective data,
				assessment, and plan for the patient's care;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:05.03 - Disciplinary procedures

Current through Register Vol. 51, page 10, July 15, 2024
Disciplinary procedures shall be initiated by submission of
				  a written complaint or by resolution of the board. Disciplinary procedures
				  shall be conducted as follows:
(1)
				Each written complaint or board resolution for disciplinary investigation shall
				be given to the board investigator or the disciplinary committee. The
				investigator shall forward a copy of the complaint to each committee member and
				shall investigate and prepare a report to be presented to the
				committee;
(2) The investigator
				shall acknowledge receipt of the complaint;
(3) The investigator shall notify the
				chiropractic physician, chiropractic radiographer, or chiropractic assistant
				that a complaint has been received and request a response within 15 days to be
				mailed to the investigator. The notice shall include the basis for the
				complaint, including the name of the complaining party, and the name of the
				investigator assigned to investigate the complaint. A copy of these rules of
				procedure shall accompany the notice. The chiropractic physician, chiropractic
				radiographer, or chiropractic assistant shall promptly and appropriately
				respond to any request of the investigator or any committee member;
(4) The investigator shall notify the
				complainant that the chiropractic physician, chiropractic radiographer, or
				chiropractic assistant has been notified of the allegations and requested to
				respond within 15 days and that the response shall be forwarded to the
				complainant;
(5) The investigator
				shall prepare a report to present to the full committee for review. The report
				shall include the identity of the complainant, the allegations which form the
				basis of the complaint, the position of the chiropractic physician,
				chiropractic radiographer, or chiropractic assistant against whom the complaint
				is lodged, and the proposed action, if any, that should be taken with regards
				to the complaint;
(6) Upon
				presentation of the report to the full committee, the committee shall review
				the report and act upon the information before it, in one of the following
				manners, to-wit:
(a) Dismiss the complaint if
				frivolous or clearly unfounded in fact; or
(b) Initiate an informal inquiry or take such
				further action as the committee deems appropriate;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:05.04 - Procedures referred for formal hearing

Current through Register Vol. 51, page 10, July 15, 2024
A formal hearing may be conducted by the board, or a hearing
				  examiner, pursuant to SDCL chapter 1-26.
General Authority:
SDCL
					 36-5-4,
					 36-5-15.2(1),
					 36-5-20(4).
Law Implemented:
SDCL
					 36-5-4,
					 36-5-15.2(2),
					 36-5-17,
					 36-5-20(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:05.05 - Sanctions

Current through Register Vol. 51, page 10, July 15, 2024
The board may impose any of the following sanctions or a
				  combination thereof:
(1) Formal
				reprimand;
(2) Probation of license
				to practice chiropractic in the state of South Dakota;
(3) Suspension of license to practice
				chiropractic in the state of South Dakota;
(4) Revocation of license to practice
				chiropractic in the state of South Dakota; or
(5) Restitution and payment of all expenses
				of the investigation and proceedings.
Any sanction imposed by the board upon a licensee must be
				  reported to the central reporting agency of which the board is currently a
				  member at the time of the imposition of the sanction for the purpose of
				  disseminating sanctioning information to licensing boards of other
				  states.
General Authority:
SDCL
					 36-5-2.2,
					 36-5-4,
					 36-5-15.2(1),
					 36-5-16,
					 36-5-16.1.
Law Implemented:
SDCL
					 1-26-29.1,
					 36-5-4,
					 36-5-15.2(2),
					 36-5-16,
					 36-5-16.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:06.01 - Judicial declaration of incompetence or involuntary commitment

Current through Register Vol. 51, page 10, July 15, 2024
If a person licensed or certified by this board has been
				  judicially declared incompetent or involuntarily committed to a mental hospital
				  or treatment center, the board of chiropractic examiners, upon proof of the
				  fact, shall enter an order either placing the person on inactive status or
				  suspending the person from the practice of chiropractic, chiropractic
				  radiography, or chiropractic assistant for an indefinite period until further
				  order of the board. A copy of the order shall be served upon the person, the
				  person's guardian, and the director of the mental hospital by certified mail,
				  return receipt requested.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-16,
					 36-5-16.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:06.02 - Petition by board

Current through Register Vol. 51, page 10, July 15, 2024
If any interested person petitions the board or the
				  disciplinary committee to determine whether a person licensed or certified by
				  this board is incapacitated by reason of mental infirmity or illness or because
				  of addiction to drugs or intoxicants, the board or the committee may take or
				  direct action to determine whether the person is so incapacitated, including
				  the examination of the person by such qualified medical experts as the board
				  designates. If the board concludes that the person is incapacitated from
				  continuing to practice chiropractic, chiropractic radiography, or chiropractic
				  assistant, it shall enter an order either placing the person on inactive status
				  or suspending the person on the ground of the disability for an indefinite
				  period until further order of the board. Any pending disciplinary proceeding
				  against the person shall be held in abeyance. The board shall provide notice to
				  the respondent of proceedings in the matter in accordance with SDCL chapter
				  1-26 and may appoint an attorney to represent the respondent if the person is
				  without representation.
General Authority:
SDCL
					 36-5-4,
					 36-5-20(4).
Law Implemented:
SDCL
					 36-5-4,
					 36-5-16,
					 36-5-16.1,
					 36-5-20(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:06.03 - Burden of proof

Current through Register Vol. 51, page 10, July 15, 2024
In a proceeding seeking an order of inactive status,
				  probation, or suspension based upon the reasons set forth under §
									20:41:10:06.01 or 20:41:10:06.02,
				  the burden of proof shall rest with the party filing the complaint. In a
				  proceeding seeking an order terminating inactive status or suspension, the
				  burden of proof shall rest with the person who is inactive or
				  suspended.
General Authority:
SDCL
					 36-5-4,
					 36-5-20(4).
Law Implemented:
SDCL
					 36-5-4,
					 36-5-16,
					 36-5-16.1,
					 36-5-20(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:06.04 - Respondent's claim of illness or infirmity

Current through Register Vol. 51, page 10, July 15, 2024
If, during the course of a disciplinary proceeding, the
				  respondent contends suffering from a disability by reason of mental or physical
				  infirmity or illness or addiction to drugs or intoxicants, which makes it
				  impossible for the respondent to present an adequate defense, the board shall
				  enter an order immediately suspending the respondent from continuing to
				  practice chiropractic, chiropractic radiography, or chiropractic assistant
				  until a determination is made of the respondent's capacity to continue to
				  practice in a proceeding instituted in accordance with the provisions of §
									20:41:10:06.02. If the board
				  determines that the respondent is not incapacitated from practicing, it shall
				  take such action as it deems advisable, including a direction for the
				  resumption of the disciplinary proceeding against the
				  respondent.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-16,
					 36-5-16.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:06.05 - Application for reinstatement

Current through Register Vol. 51, page 10, July 15, 2024
A person suspended under the provisions of §
									20:41:10:06.01 or 20:41:10:06.02,
				  may apply for reinstatement once a year or at such shorter intervals as the
				  board may direct in the order of suspension or any modification thereof. Upon
				  receipt of an application for reinstatement, the board may take or direct any
				  action necessary to determine whether the person's disability has been removed,
				  including the examination of the person by a qualified medical expert
				  designated by the board. The person may be directed to pay the expense of the
				  examination. The application for reinstatement shall be granted by the board
				  upon determination that the person's disability has been removed and the
				  applicant is fit to resume the practice of chiropractic, chiropractic
				  radiography, or chiropractic assistant.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-16,
					 36-5-16.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:06.06 - Doctor-patient privilege - Waiver

Current through Register Vol. 51, page 10, July 15, 2024
The filing of an application for reinstatement by a person
				  placed on inactive status or suspended for disability constitutes a waiver of
				  any doctor-patient privilege with respect to any treatment of the person during
				  the period of disability. The person shall disclose the name of every
				  psychologist, physician, and hospital by whom or in which the person has been
				  examined or treated since being placed on inactive status or suspension. The
				  person shall furnish to the board written consent to each to divulge the
				  information and records requested by board-appointed medical
				  experts.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-16,
					 36-5-16.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:06.07 - Judicial declaration of competence

Current through Register Vol. 51, page 10, July 15, 2024
If a person has been suspended by an order in accordance with
				  the provisions of §
									20:41:10:06.01 or 20:41:10:06.02,
				  and has thereafter been judicially declared to be competent, the board may
				  dispense with further evidence showing the disability has been removed and may
				  direct reinstatement.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-16,
					 36-5-16.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:07 - Suspension and probation

Current through Register Vol. 51, page 10, July 15, 2024
The period of probation or suspension ordered pursuant to
				  §
									20:41:10:06.01 or 20:41:10:06.02
				  may not exceed five years. The conditions of probation may include one or more
				  of the following:
(1) Additional
				mandatory continuing education;
(2)
				Restitution;
(3) Payment of all
				expenses of the investigation and proceedings; and
(4) Mental health or alcoholism
				treatment.
General Authority:
SDCL
					 36-5-4,
					 36-5-20(4).
Law Implemented:
SDCL
					 36-5-4,
					 36-5-16,
					 36-5-16.1,
					 36-5-20(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:08 - Formal reprimands and files

Current through Register Vol. 51, page 10, July 15, 2024
The board or the disciplinary committee shall keep a
				  permanent file of all complaints made to or by the board or the committee which
				  result in an inquiry being directed to a licensee or holder of a certificate,
				  and a permanent file of board action taken, including formal reprimands. In
				  considering action in a case, the board shall take into consideration at the
				  hearing the past actions of the licensee or holder of a certificate, extending
				  an opportunity to the person to rebut or explain such past actions and files.
				  The files are confidential except to board members acting within the scope of
				  their duties and to the person or person's attorney or representative desiring
				  to see the person's file.
Any action taken by the board upon the license of a licensee
				  shall be submitted to the central reporting agency of which the board is a
				  current member at the time of taking the action for the purpose of
				  disseminating such information to licensing boards of other
				  states.
General Authority:
SDCL
					 36-5-4,
					 36-5-15.2,
					 36-5-16.1,
					 36-5-20(4).
Law Implemented:
SDCL
					 36-5-4,
					 36-5-15.2,
					 36-5-16.1,
					 36-5-20(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:09 - Board hearings - Procedure

Current through Register Vol. 51, page 10, July 15, 2024
Those portions of the rules of practice in trial courts of
				  record and those portions of SDCL 15 and 1-26 that are consistent with SDCL
				  36-5 or this article apply to the procedure for hearings held by the board. A
				  record of the hearing in a contested case shall be taken by court reporter or
				  recording equipment. If a transcript is requested, the board may require the
				  person requesting it to pay the reasonable cost of preparing the
				  transcript.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-16,
					 36-5-16.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:10 - Purpose of disciplinary committee

Current through Register Vol. 51, page 10, July 15, 2024
There is hereby established a disciplinary committee, the
				  members of which shall function at the will of the board. The purpose of the
				  disciplinary committee is to review and promptly investigate any complaints of
				  misconduct and violations filed in writing, signed by a complaining party or
				  complaints brought forward by board resolution, and impose appropriate
				  sanctions as established under this chapter to protect the public health,
				  safety, and welfare of the state of South Dakota.
General Authority:
SDCL
					 36-5-4,
					 36-5-15.2(1),
					 36-5-20(1).
Law Implemented:
SDCL
					 36-5-20(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:11 - Composition of the disciplinary committee

Current through Register Vol. 51, page 10, July 15, 2024
The disciplinary committee shall be comprised of a chair, a
				  secretary, and a minimum of three additional members who shall be chiropractors
				  appointed by the board. At least one member of the committee shall be a former
				  board member. A member of the disciplinary committee may be removed from the
				  disciplinary committee by a vote of the board, at any time, without
				  cause.
General Authority:
SDCL
					 36-5-4,
					 36-5-15.2(2),
					 36-5-20(2).
Law Implemented:
SDCL
					 36-5-20(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:10 - Disciplinary actions › Section 20:41:10:12 - Qualifications of disciplinary committee members

Current through Register Vol. 51, page 10, July 15, 2024
To hold a position on the disciplinary committee, a member
				  shall:
(1) Hold an active license to
				practice chiropractic in the state of South Dakota, which license is in good
				standing with the board; and
(2)
				Have held an active license to practice chiropractic in the state of South
				Dakota for a period of ten years.
Committee members shall serve terms of three calendar years.
				  No member may serve more than three consecutive terms.
General Authority:
SDCL
					 36-5-4,
					 36-5-15.2(2),
					 36-5-20(3).
Law Implemented:
SDCL
					 36-5-20(3).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:12 - Chiropractor physician preceptor associate program › Section 20:41:12:01 - Preceptor selection

Current through Register Vol. 51, page 10, July 15, 2024
The following are minimum requirements for a chiropractor to
				  become a chiropractor physician preceptor:
(1) The chiropractor is licensed to practice
				chiropractic in this state;
(2) The
				chiropractor has a minimum of five years of practical experience in the state
				of South Dakota immediately preceding the submission of the
				application;
(3) Practice
				conditions include radiographic access, access to lab facilities sufficient for
				blood chemistries and urinalysis, and physical diagnostic equipment;
(4) The chiropractor is in good standing with
				the board of chiropractic examiners and has no board infractions in the last
				two years; and
(5) Assumes personal
				professional responsibility for the conduct of the intern and has malpractice
				insurance.
The chiropractor shall apply to the board for approval prior
				  to becoming a chiropractic physician preceptor and shall furnish evidence
				  satisfactory to the board of having met the minimum requirements of this
				  section.
General Authority:
SDCL
					 36-5-4,
					 36-5-15.1.
Law Implemented:
SDCL
					 36-5-15.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:12 - Chiropractor physician preceptor associate program › Section 20:41:12:02 - Intern chiropractor associate selection

Current through Register Vol. 51, page 10, July 15, 2024
The following are minimum requirements for persons who wish
				  to participate in the chiropractor student associate program as an
				  intern:
(1) Be enrolled in a college
				of chiropractic and passed Part I of the National Board of Chiropractic
				Examiners exam;
(2) Have had two
				years of preprofessional college before entering chiropractic
				college;
(3) Be certified by the
				chiropractic college which the applicant attends as having completed course
				work in a competent manner and exhibited competence to perform as a
				chiropractic intern; and
(4)
				Provide references from a licensed chiropractor, the dean of the chiropractic
				college the applicant attends, and the clinical director of the chiropractic
				college the applicant attends, concerning the applicant's moral character and
				when and how long the applicant has been known to the person submitting the
				reference.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-15,
					 36-5-16.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:12 - Chiropractor physician preceptor associate program › Section 20:41:12:03 - Applications

Current through Register Vol. 51, page 10, July 15, 2024
All applications concerning preceptor programs shall be
				  transmitted to the board of examiners. Each preceptor shall submit a $25 filing
				  fee.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-15.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:12 - Chiropractor physician preceptor associate program › Section 20:41:12:04 - Consent by patient

Current through Register Vol. 51, page 10, July 15, 2024
Before the intern performs any chiropractic procedure on a
				  patient, the patient shall give consent.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-15.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:12 - Chiropractor physician preceptor associate program › Section 20:41:12:04.01 - Supervision

Current through Register Vol. 51, page 10, July 15, 2024
The preceptor must be in the same facility as the intern and
				  in direct supervision of the intern. The intern may practice only under the
				  supervision of the assigned preceptor. Direct supervision requires the physical
				  presence of the preceptor in the immediate area where a patient is being
				  provided chiropractic services by an intern.
General Authority:
SDCL
					 36-5-4,
					 36-5-15.1.
Law Implemented:
SDCL
					 36-5-15.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:12 - Chiropractor physician preceptor associate program › Section 20:41:12:05 - Program monitoring

Current through Register Vol. 51, page 10, July 15, 2024
The board of examiners may make unannounced, periodic visits
				  to facilities to assure that the program is being maintained properly. Any
				  violation of this chapter will result in disciplinary action by the board of
				  examiners.
General Authority:
SDCL
					 36-5-4.
Law Implemented:
SDCL
					 36-5-15.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:13 - Chiropractic radiography › Section 20:41:13:01 - Definition of terms

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Approved program or course of study,"
				didactic and clinical training that meets the requirements specified in §
									20:41:13:03;
(2) "Clinical experience," direct and
				personal participation of a student in radiographic procedures incident to
				patient diagnosis; and
(3)
				"Student," a person enrolled in or participating in an approved program or
				course of study.
General Authority:
SDCL
					 36-5-15.2,
					 36-5-15.3.
Law Implemented:
SDCL
					 36-5-15.2,
					 36-5-15.3,
					 36-5-15.4.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:13 - Chiropractic radiography › Section 20:41:13:02 - Minimum eligibility requirements

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for registration as a chiropractic radiographer
				  shall meet the following minimum requirements:
(1) Attainment of 18 years of age;
				and
(2) Freedom from physical or
				mental impairment which would interfere with performance of duties or otherwise
				be a hazard to the health or safety of patients.
General Authority:
SDCL
					 36-5-15.2,
					 36-5-15.3.
Law Implemented:
SDCL
					 36-5-15.2,
					 36-5-15.3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:13 - Chiropractic radiography › Section 20:41:13:03 - Training requirements

Current through Register Vol. 51, page 10, July 15, 2024
Unless exempt under this chapter, an applicant for
				  registration as a chiropractic radiographer must have passed an approved
				  program or course of study consisting of at least 36 classroom hours in
				  chiropractic radiography which includes the following training:
(1) Radiographic imaging procedures including
				patient care, patient preparation, patient records, factor technique selection,
				technical selection, development, quality, and maintenance;
(2) Radiation protection of personnel and
				patients, including considerations in reducing radiation exposure and frequency
				of retakes;
(3) Radiographic
				technique, radiation equipment and physics of imaging, and emergency
				procedures; and
(4) Clinical
				experience sufficient to demonstrate proficiency.
General Authority:
SDCL
					 36-5-15.2,
					 36-5-15.3.
Law Implemented:
SDCL
					 36-5-14.2,
					 36-5-15.3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:13 - Chiropractic radiography › Section 20:41:13:04 - Exemptions to requirements

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for registration as a chiropractic radiographer
				  is exempt from the requirements in §§
									20:41:13:03 and
				  20:41:13:08 if the applicant
				  submits documentation showing passage of a course of study which is equivalent
				  to the requirements of §
									20:41:13:03.
General Authority:
SDCL
					 36-5-15.2,
					 36-5-15.3.
Law Implemented:
SDCL
					 36-5-15.2,
					 36-5-15.3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:13 - Chiropractic radiography › Section 20:41:13:05 - Qualification by endorsement

Current through Register Vol. 51, page 10, July 15, 2024
A person who has a current certificate in chiropractic
				  radiography issued by another state, jurisdiction, agency, or nationally
				  recognized professional registry or board may, upon presentation of the
				  certificate to the board, be considered to meet the requirements of this
				  chapter provided that the board finds that the standards and procedures for
				  qualification in the state, jurisdiction, agency, or nationally recognized
				  professional registry or board which issued the certificate are equivalent to
				  the standards in this chapter.
General Authority:
SDCL
					 36-5-15.2,
					 36-5-15.3.
Law Implemented:
SDCL
					 36-5-15.2,
					 36-5-15.3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:13 - Chiropractic radiography › Section 20:41:13:06 - Approval of programs - Application

Current through Register Vol. 51, page 10, July 15, 2024
A program of learning may be approved by the board if the
				  program meets the following requirements:
(1) It constitutes an organized program of
				learning which contributes to the proficiency and skills of an individual
				operating radiation emitting equipment or otherwise engaged in chiropractic
				radiography;
(2) It is conducted by
				individuals who are qualified by special education, training, and experience to
				conduct the program in chiropractic radiography;
(3) It meets one or more of the requirements
				in §
									20:41:13:03; and
(4) It meets minimum standards for ACRRT
				approved programs in radiographic technology published as of November 16, 1985.
Application for approval of a program of learning shall be
				  made to the board. Programs conducted under the auspices of the American
				  Chiropractic Registry of Radiologic Technologists are approved and no
				  application is required of those programs.
General Authority:
SDCL
					 36-5-15.2,
					 36-5-15.3.
Law Implemented:
SDCL
					 36-5-15.2,
					 36-5-15.3.
"Minimum Standards for ACRRT Approved Program in Radiologic
					 Technology," published as of November 16, 1985, American Chiropractic Registry
					 of Radiologic Technologists (ACRRT). Copies may be obtained from American
					 Chiropractic Registry of Radiologic Technologists, 52 West Colfax Street
					 Palatine, Illinois, 60067.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:13 - Chiropractic radiography › Section 20:41:13:07 - Application for registration

Current through Register Vol. 51, page 10, July 15, 2024
Each person engaged in chiropractic radiography or desiring
				  to engage in chiropractic radiography except a licensed chiropractor shall
				  apply for registration to the board within 30 days following the effective date
				  of this chapter or prior to engaging in chiropractic radiography. The
				  application shall be made on a form furnished by the board and shall be filled
				  out completely. The application shall contain a statement that the requirements
				  of this chapter of rules have been read and understood by the applicant and
				  shall document the training, experience, and education that qualify the
				  applicant to engage in chiropractic radiography.
General Authority:
SDCL
					 36-5-15.2,
					 36-5-15.3.
Law Implemented:
SDCL
					 36-5-15.2,
					 36-5-15.3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:13 - Chiropractic radiography › Section 20:41:13:08 - Examination and proficiency evaluation

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for registration as a chiropractic radiographer
				  shall, unless exempt, pass a written examination administered by the board. The
				  passing grade for the examination is 75.
General Authority:
SDCL
					 36-5-15.2,
					 36-5-15.3.
Law Implemented:
SDCL
					 36-5-15.2,
					 36-5-15.3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:13 - Chiropractic radiography › Section 20:41:13:09 - Fee for certificate of registration - Renewal

Current through Register Vol. 51, page 10, July 15, 2024
When an applicant passes the examination or is found to be
				  exempt from it, the board shall issue a certificate of registration upon
				  payment of a fee of $50 for initial registration. After the initial
				  registration, each person registered as a chiropractic radiographer shall
				  submit an annual renewal fee of $25. The registrant shall display the
				  registration in the office.
General Authority:
SDCL
					 36-5-15.2(6),
					 36-5-15.3.
Law Implemented:
SDCL
					 36-5-15.2(6),
					 36-5-15.3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:13 - Chiropractic radiography › Section 20:41:13:09.01 - Lapse and reinstatement of certificate

Current through Register Vol. 51, page 10, July 15, 2024
If a chiropractic radiographer fails to maintain an active
				  certification as provided in chapter 20:41:13, the certification lapses on the
				  date immediately following the final date of the period for which it was last
				  renewed. No person may practice as a chiropractic radiographer in South Dakota
				  with a lapsed certificate. If a certificate has been in lapse status for less
				  than two years, applicant may convert to an active South Dakota certification
				  by paying the license fee, submitting a renewal application, and providing
				  continuing education as required by §
									20:41:13:12. If a certificate has
				  been in lapse status two years or more, the applicant must retake and pass a
				  board approved chiropractic radiographer examination and reapply for
				  certification.
General Authority:
SDCL
					 36-5-15.2(6),
					 36-5-15.3.
Law Implemented:
SDCL
					 36-5-15.2(6),
					 36-5-15.3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:13 - Chiropractic radiography › Section 20:41:13:10 - Exemption for chiropractors

Current through Register Vol. 51, page 10, July 15, 2024
Chiropractors licensed in South Dakota are exempt from all
				  requirements of this chapter and the issuance of the annual renewal license as
				  a chiropractor authorizes the chiropractor to practice chiropractic radiography
				  without any additional certificate or fee.
General Authority:
SDCL
					 36-5-15.2,
					 36-5-15.3,
					 36-5-15.4.
Law Implemented:
SDCL
					 36-5-15.2,
					 36-5-15.3,
					 36-5-15.4.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:13 - Chiropractic radiography › Section 20:41:13:11

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-5-15.2,
					 36-5-15.3,
					 36-5-15.5.
Law Implemented:
SDCL
					 36-5-15.2,
					 36-5-15.3,
					 36-5-15.5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:13 - Chiropractic radiography › Section 20:41:13:11.01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-5-15.2,
					 36-5-15.3,
					 36-5-15.5.
Law Implemented:
SDCL
					 36-5-15.2,
					 36-5-15.3,
					 36-5-15.5.