South Dakota Administrative Code

Rule 20:41:02:01 Procedure to obtain declaratory ruling. 20:41:02:01. Procedure to obtain declaratory ruling. An individual may apply for a declaratory ruling by filing a petition directed to the board which states generally the factual situation existing under which the question…

Rule 20:41:02:02 Hearings on petition to obtain declaratory ruling. 20:41:02:02. Hearings on petition to obtain declaratory ruling. A hearing on a petition for declaratory ruling may be held upon ten days written notice to all parties. The hearing must be public; testimony must b…

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

Rule 20:41:02:04 Conduct of hearings. 20:41:02:04. Conduct of hearings. Hearings held by the board, unless otherwise required by statute, must be conducted in accordance with the provisions of SDCL chapter 1-26. Source: 35 SDR 47, effective September 8, 2008. General Authority: S…

Rule 20:41:04:01 Approved chiropractic schools. 20:41:04:01. Approved chiropractic schools. All applicants for licensure must present evidence of having graduated from a chiropractic college accredited by the Council on Chiropractic Education. Source: 1 SDR 24, effective August 2…

Rule 20:41:04:02 Repealed. 20:41:04:02. Schools approved by the board of examiners. Repealed. Source: 1 SDR 24, effective August 28, 1974; 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 37 SDR 133, effective January 12, 2011; 47 SDR 41, effect…

Rule 20:41:04:03 Repealed. 20:41:04:03. Equivalent standards for chiropractic schools. Repealed. Source: 2 SDR 63, effective April 12, 1976; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 121, effective February 21, 1993; 28 SDR 88,…

Rule 20:41:05:01 Application for licensure. 20:41:05:01. Application for licensure. 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. So…

Rule 20:41:05:01.01 Application submission more than two years after graduation. 20:41:05:01.01. Application submission more than two years after graduation. An applicant for examination who completed the educational requirements for licensure more than two years before the date …

Rule 20:41:05:02 Repealed. 20:41:05:02. Information on education to be provided. Repealed. Source: 1 SDR 24, effective August 28, 1974; 7 SDR 95, effective April 13, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 47 SDR 41, effective October 12, 2020.

Rule 20:41:05:03 Verified information on other licenses and experience. 20:41:05:03. Verified information on other licenses and experience. The applicant shall provide information on any experience or training in a hospital or care of the sick, the name of any state which previou…

Rule 20:41:05:04 Attachments and other information in connection with application. 20:41:05:04. Attachments and other information in connection with application. Each applicant shall attach the following to the application: (1) The license fee of $300 made payable to the board, a…

Rule 20:41:05:04.01 Criminal background investigation required -- Procedure -- Results furnished to board. 20:41:05:04.01. Criminal background investigation required -- Procedure -- Results furnished to board. Each applicant for admission to practice as a chiropractor in this sta…

Rule 20:41:05:05 Reciprocity. 20:41:05:05. Reciprocity. The fee for a license granted pursuant to SDCL 36-5-13 is $300, all but $100 of which is refundable if license is not issued. An applicant seeking reciprocity shall include with the required application a certification from …

Rule 20:41:05:06 Inactive status of license. 20:41:05:06. Inactive status of license. Upon filing with the board a written statement requesting inactive license status and paying the fee prescribed in § 20:41:07:02, the board shall place the licensee on inactive status and issue …

Rule 20:41:05:06.01 Lapse of license. 20:41:05:06.01. Lapse of license. If a licensee fails to maintain an active license or secure an inactive license as provided in § 20:41:05:06, the chiropractor's license lapses on the date immediately following the final date of the period f…

Rule 20:41:05:06.02 Reactivation of inactive license or reinstatement of lapsed license. 20:41:05:06.02. Reactivation of inactive license or reinstatement of lapsed license. A chiropractor with an inactive or lapsed South Dakota license and an active license in good standing in a…

Rule 20:41:05:07 Repealed. 20:41:05:07. Continuing rights. Repealed. Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 47 SDR 41, effective October 12, 2020.

Rule 20:41:05:08 Repealed. 20:41:05:08. Reexamination of unsuccessful applicant.Repealed. Source: 13 SDR 85, effective January 4, 1987; repealed, 28 SDR 88, effective December 23, 2001.

Rule 20:41:05:09 Repealed. 20:41:05:09. Licensure examination. Repealed. Source: 1 SDR 24, effective August 28, 1974; 2 SDR 63, effective April 12, 1976; 7 SDR 95, effective April 13, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:41:05:04, 13 SDR 85,…

Rule 20:41:05:10 Financial responsibility. 20:41:05:10. Financial responsibility. Each chiropractor shall obtain and maintain professional liability coverage in an amount not less than $100,000 per claim with a minimum annual aggregate of not less than $300,000 as a prerequisite …

Rule 20:41:05:11 Exemption from financial responsibility. 20:41:05:11. Exemption from financial responsibility. Upon application to the board, a chiropractor is exempt from meeting the requirements of § 20:41:05:10 if: (1) The chiropractor practices exclusively as an officer, emp…

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

Rule 20:41:05:13 Licensure of military personnel and spouses. 20:41:05:13. Licensure of military personnel and spouses. 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…

20:41:06:01. Duplicate certificate. A licensee may obtain a duplicate license from the board by furnishing proof of loss of the original certificate and payment of $5. Source: 1 SDR 24, effective August 28, 1974; 12 SDR 151, 12 SDR 155, effective July 1, 1986. General Authority: …

Rule 20:41:06:02 Current Contact information. 20:41:06:02. Current contact information. A licensee shall file current mail and email addresses along with phone and fax numbers with the board. Source: 1 SDR 24, effective August 28, 1974; 12 SDR 151, 12 SDR 155, effective July 1, 1…

Rule 20:41:07:01 Annual active renewal fee. 20:41:07:01. Annual active renewal fee. The annual license renewal fee is $100. Source: 2 SDR 63, effective April 12, 1976; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 34, effective Sep…

Rule 20:41:07:02 Annual inactive fee. 20:41:07:02. Annual inactive fee. The annual fee for inactive chiropractors is $50. Source: 2 SDR 63, effective April 12, 1976; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 85, effective Janua…

Rule 20:41:07:03 Renewal application. 20:41:07:03. Renewal application. All licensees are required to complete a renewal application in such form as required by the board. Source: 35 SDR 47, effective September 8, 2008. General Authority: SDCL 36-5-4. Law Implemented: SDCL 36-5-1…

Rule 20:41:08:01 Continuing education courses. 20:41:08:01. Continuing education courses. Continuing education courses must meet the core curriculum requirements of the Council on Chiropractic Education and either be approved by the board pursuant to § 20:41:08:04 or be approved …

Rule 20:41:08:02 Continuing education hours. 20:41:08:02. Continuing education hours. To maintain an active license, a member must satisfactorily complete a minimum of 40 hours of approved continuing education courses over a 2-year period ending on the odd years. For a member who…

Rule 20:41:08:03 Continuing education waiver. 20:41:08:03. Continuing education waiver. The board may, after hearing, waive the continuing education requirements for an applicant presenting sufficient evidence of hardship or illness or other reason making it impossible or highly …

Rule 20:41:08:04 Information required for course approval. 20:41:08:04. Information required for course approval. A sponsor seeking approval of a continuing education course shall submit the following information: (1) Name, outline, and objective of the course; (2) Sponsor's name…

Rule 20:41:08:05 Approval of courses. 20:41:08:05. Approval of courses. The board shall review the information concerning a continuing education course provided under § 20:41:08:04 and may grant or deny approval based on the following: (1) Sponsorship of the course; (2) The quali…

Rule 20:41:09:01 Patient care and charges. 20:41:09:01. Patient care and charges. A chiropractor shall attend the patient as often as necessary to insure continued favorable progress, but shall avoid unnecessary visits. The standards as set forth in § 20:41:14:07 shall be the sta…

Rule 20:41:09:01.01 Informed consent. 20:41:09:01.01. Informed consent. A licensed doctor of chiropractic shall verbally and in writing inform each patient of the material risks of proposed care. For purposes of this section, "material" is a procedure inherently involving known r…

Rule 20:41:09:02 Concealment of patient condition. 20:41:09:02. Concealment of patient condition. No chiropractor may engage in any practice designed to conceal the condition of a patient in order to secure favorable life insurance or to pretend disease in order to avoid jury or …

Rule 20:41:09:03 Referrals. 20:41:09:03. Referrals. The chiropractor shall refer a patient to another chiropractor or other health professional upon discovering inability to successfully treat the patient. Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effect…

Rule 20:41:09:04 Cooperation with board or ethics committee. 20:41:09:04. Cooperation with board or ethics committee. Chiropractors shall fully cooperate and respond promptly in writing to any complaint filed with the board or the ethics committee and to any inquiry from the boar…

Rule 20:41:09:04.01 Doctor-patient confidentiality. 20:41:09:04.01. Doctor-patient confidentiality. A chiropractor may not reveal information relating to treatment or care of a patient unless: (1) The chiropractor is provided with a medical release signed by the patient authorizi…

Rule 20:41:09:05 Specialty listings. 20:41:09:05. Specialty listings. A chiropractor holding a valid specialty certificate of current diplomate status may list the specialty in telephone directories, on professional stationery, and in professional listings. The listings must be a…

Rule 20:41:09:06 Distributed material. 20:41:09:06. Distributed material. 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 …

Rule 20:41:09:07 Repealed. 20:41:09:07. Directory and professional listings.Repealed. Source: 2 SDR 63, effective April 12, 1976; 7 SDR 95, effective April 13, 1981; 12 SDR 117, repealed January 19, 1986. Rule 20:41:09:07.01 Advertising. 20:41:09:07.01. Advertising. Doctors of ch…

Rule 20:41:09:07.01 Advertising. 20:41:09:07.01. Advertising. Doctors of chiropractic may not take part in advertising which is false, fraudulent, deceptive, or misleading. Advertising includes, but is not limited to, written, recorded, broadcast, live, or electronic communicatio…

Rule 20:41:09:08 Repealed. 20:41:09:08. Group advertising.Repealed. Source: 2 SDR 63, effective April 12, 1976; 12 SDR 117, repealed January 19, 1986.

Rule 20:41:09:09 Repealed. 20:41:09:09. Location signs.Repealed. Source: 2 SDR 63, effective April 12, 1976; 12 SDR 117, repealed January 19, 1986.

Rule 20:41:09:10 Unauthorized practice and division of fees. 20:41:09:10. Unauthorized practice and division of fees. No chiropractor may permit his or her professional services or name to be used in aid of, or to make possible, the unauthorized practice of chiropractic. Partners…

Rule 20:41:09:11 Code of ethics. 20:41:09:11. Code of ethics. A chiropractor shall follow the preamble and parts I - XIV of the 2007 American Chiropractic Association Code of Ethics or the preamble of the 1985 International Chiropractors Association Code of Ethics. Source: 12 SDR…

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

Rule 20:41:09:13 Requests for ethics opinions. 20:41:09:13. Requests for ethics opinions. A request for an advisory opinion may be submitted by any chiropractic physician licensed to practice chiropractic under the laws of the state of South Dakota. The board or the ethics commit…