South Dakota Administrative Code

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…

Rule 20:41:09:14 Purpose of ethics committee. 20:41:09:14. Purpose of ethics committee. There is hereby established an ethics committee, the members of which shall function at the will of the board. The purpose of the ethics committee is to issue advisory opinions based upon ethi…

Rule 20:41:09:15 Composition of ethics committee. 20:41:09:15. Composition of ethics committee. The ethics committee shall be comprised of a chair, a secretary, and a minimum of three additional members, who shall be chiropractors appointed by the board and shall serve at the ple…

Rule 20:41:09:16 Qualifications of ethics committee members. 20:41:09:16. Qualifications of ethics committee members. To hold a position on the ethics committee, a member shall: (1) Hold an active license to practice chiropractic in the state of South Dakota, which license is in …

Rule 20:41:10:01 Board action in general. 20:41:10:01. Board action in general. The board, through a designated investigator or the disciplinary committee, shall promptly investigate all complaints filed in writing against holders of licenses or certificates regulated by the boar…

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

Rule 20:41:10:02.01 Solicitation. 20:41:10:02.01. Solicitation. It is unprofessional conduct for a licensee or the agent of a licensee to solicit any person who is vulnerable to undue influence. For example, without limitation, any person known by the licensee to have recently be…

Rule 20:41:10:03 Incompetence. 20:41:10:03. Incompetence. Willfully failing to continue professional education or failing to participate in the required continuing education courses or willfully failing to cooperate with and respond in writing within 15 days after personal receip…

Rule 20:41:10:04 Good moral character. 20:41:10:04. Good moral character. A person licensed or certified by the board convicted of a crime involving moral turpitude is not of good moral character. Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July …

Rule 20:41:10:05 Fraud or deception. 20:41:10:05. Fraud or deception. A person licensed or certified by this board who practices or attempts to practice under an assumed name or who gives or makes a knowingly false statement to the board, is guilty of a fraudulent or deceptive pr…

Rule 20:41:10:05.01 Disciplinary complaints. 20:41:10:05.01. Disciplinary complaints. The board, through its investigator or the disciplinary committee, shall promptly investigate any complaints of misconduct or violations filed in writing and signed by a complaining party toward…

Rule 20:41:10:05.02 Actions which may warrant sanctions. 20:41:10:05.02. Actions which may warrant sanctions. The board may impose sanctions against a chiropractor, chiropractic assistant, or chiropractic radiographer based upon any of the following: (1) Engaging in conduct outsi…

Rule 20:41:10:05.03 Disciplinary procedures. 20:41:10:05.03. Disciplinary procedures. Disciplinary procedures must be initiated by submission of a written complaint or by resolution of the board. Disciplinary procedures must be conducted as follows: (1) Each written complaint or …

Rule 20:41:10:05.04 Procedures referred for formal hearing. 20:41:10:05.04. Procedures referred for formal hearing. A formal hearing may be conducted by the board, or a hearing examiner, pursuant to SDCL chapter 1-26. Source: 25 SDR 80, effective December 6, 1998; 28 SDR 88, effe…

Rule 20:41:10:05.05 Sanctions 20:41:10:05.05. Sanctions. The board may impose any of the following sanctions or a combination thereof: (1) Formal reprimand; (2) Probation of license to practice chiropractic in the state of South Dakota; (3) Suspension of license to practice chiro…

Rule 20:41:10:06 Repealed. 20:41:10:06. Revocation and refusal.Repealed. Source: 2 SDR 63, effective April 12, 1976; 12 SDR 117, repealed January 19, 1986. Rule 20:41:10:06.01 Judicial declaration of incompetence or involuntary commitment. 20:41:10:06.01. Judicial declaration of …

Rule 20:41:10:06.01 Judicial declaration of incompetence or involuntary commitment. 20:41:10:06.01. Judicial declaration of incompetence or involuntary commitment. If a person licensed or certified by this board has been judicially declared incompetent or involuntarily committed …

Rule 20:41:10:06.02 Petition by board. 20:41:10:06.02. Petition by board. If any interested person petitions the board or the disciplinary committee to determine whether a person licensed or certified by this board is incapacitated by reason of mental infirmity or illness or beca…

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

Rule 20:41:10:06.04 Respondent's claim of illness or infirmity. 20:41:10:06.04. Respondent's claim of illness or infirmity. If, during the course of a disciplinary proceeding, the respondent claims to be suffering from a disability by reason of mental or physical infirmity or ill…

Rule 20:41:10:06.05 Application for reinstatement. 20:41:10:06.05. Application for reinstatement. A person suspended under the provisions of § 20:41:10:06.01 or 20:41:10:06.02, may apply for reinstatement once a year or at such shorter intervals as the board may direct in the ord…

Rule 20:41:10:06.06 Doctor-patient privilege -- Waiver. 20:41:10:06.06. Doctor-patient privilege -- Waiver. The filing of an application for reinstatement by a person placed on inactive status or suspended for disability constitutes a waiver of any doctor-patient privilege with r…

Rule 20:41:10:06.07 Judicial declaration of competence. 20:41:10:06.07. Judicial declaration of competence. If a person has been suspended by an order in accordance with the provisions of § 20:41:10:06.01 or 20:41:10:06.02, and has thereafter been judicially declared to be compet…

Rule 20:41:10:07 Suspension and probation. 20:41:10:07. Suspension and probation. The period of probation or suspension ordered pursuant to § 20:41:10:06.01 or 20:41:10:06.02 may not exceed five years. The conditions of probation may include one or more of the following: (1) Addi…

Rule 20:41:10:08 Formal reprimands and files. 20:41:10:08. Formal reprimands and files. The board or the disciplinary committee shall keep a permanent file of all complaints made to or by the board or the committee which result in an inquiry being directed to a licensee or holder…

Rule 20:41:10:09 Board hearings -- Procedure. 20:41:10:09. Board hearings -- Procedure. Those portions of the rules of practice in trial courts of record and those portions of SDCL 15 and 1-26 that are consistent with SDCL 36-5 or this article apply to the procedure for hearings …

Rule 20:41:10:10 Purpose of disciplinary committee. 20:41:10:10. Purpose of disciplinary committee. There is hereby established a disciplinary committee, the members of which shall function at the will of the board. The purpose of the disciplinary committee is to review and promp…

Rule 20:41:10:11 Composition of the disciplinary committee. 20:41:10:11. Composition of disciplinary committee. The disciplinary committee shall be comprised of a chair, a secretary, and a minimum of three additional members who shall be chiropractors appointed by the board. At l…

Rule 20:41:10:12 Qualifications of disciplinary committee members. 20:41:10:12. Qualifications of disciplinary committee members. To hold a position on the disciplinary committee, a member shall: (1) Hold an active license to practice chiropractic in the state of South Dakota, wh…

Rule 20:41:12:01 Preceptor selection. 20:41:12:01. Preceptor selection. The following are minimum requirements for a chiropractor to become a chiropractor physician preceptor: (1) The chiropractor is licensed to practice chiropractic in this state; (2) The chiropractor has a mini…

Rule 20:41:12:02 Intern chiropractor associate selection. 20:41:12:02. Intern chiropractor associate selection. The following are minimum requirements for persons who wish to participate in the chiropractor student associate program as an intern: (1) Be enrolled in a college of c…

Rule 20:41:12:03 Applications. 20:41:12:03. Applications. All applications concerning preceptor programs shall be transmitted to the board of examiners. Each preceptor shall submit a $25 filing fee. Source: 7 SDR 95, effective April 13, 1981; 12 SDR 151, 12 SDR 155, effective Jul…

Rule 20:41:12:04 Consent by patient. 20:41:12:04. Consent by patient. Before the intern performs any chiropractic procedure on a patient, the patient shall give consent. Source: 7 SDR 95, effective April 13, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986. General Authority:…

Rule 20:41:12:04.01 Supervision. 20:41:12:04.01. Supervision. The preceptor must be in the same facility as the intern and in direct supervision of the intern. The intern may practice only under the supervision of the assigned preceptor. Direct supervision requires the physical p…

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

Rule 20:41:13:01 Definition of terms. 20:41:13:01. Definition of terms. Terms used in this chapter mean: (1) "Approved program or course of study," didactic and clinical training that meets the requirements specified in § 20:41:13:03; (2) "Clinical experience," direct and persona…

Rule 20:41:13:02 Minimum eligibility requirements. 20:41:13:02. Minimum eligibility requirements. 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…

Rule 20:41:13:03 Training requirements. 20:41:13:03. Training requirements. 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 chiropra…

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

Rule 20:41:13:05 Qualification by endorsement. 20:41:13:05. Qualification by endorsement. A person who has a current certificate in chiropractic radiography issued by another state, jurisdiction, agency, or nationally recognized professional registry or board may, upon presentati…

Rule 20:41:13:06 Approval of programs -- Application. 20:41:13:06. Approval of programs -- Application. A program of learning may be approved by the board if the program meets the following requirements: (1) It constitutes an organized program of learning which contributes to the…

Rule 20:41:13:07 Application for registration. 20:41:13:07. Application for registration. Each person engaged in chiropractic radiography or desiring to engage in chiropractic radiography except a licensed chiropractor shall apply for registration to the board within 30 days foll…

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

Rule 20:41:13:09 Fee for certificate of registration -- Renewal. 20:41:13:09. Fee for certificate of registration -- Renewal. 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 $5…

Rule 20:41:13:09.01 Lapse and reinstatement of certificate. 20:41:13:09.01. Lapse and reinstatement of certificate. If a chiropractic radiographer fails to maintain an active certification as provided in chapter 20:41:13, the certification lapses on the date immediately following…

Rule 20:41:13:10 Exemption for chiropractors. 20:41:13:10. Exemption for chiropractors. Chiropractors licensed in South Dakota are exempt from all requirements of this chapter and the issuance of the annual renewal license as a chiropractor authorizes the chiropractor to practice…

Rule 20:41:13:11 Repealed. 20:41:13:11. Board action in general. Repealed. Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 35 SDR 47, effective September 8, 2008; 47 SDR 41, effective October 12, 2020. Rule 20:41:13:11.01 Repealed. …