Title 36 — PROFESSIONS AND OCCUPATIONS

Chiropractic is the science of locating and removing the cause of any abnormal transmission of nerve energy including diagnostic and applied mechanical measures incident thereto. Integral to chiropractic is the treating of specific joints and articulations of the body and adjacen…

Terms used in this chapter mean: (1) "Board," the South Dakota Board of Chiropractic Examiners; (2) "Chiropractic assistant," a properly qualified person who has completed an educational training program approved by the board, who assists in basic health care duties in the practi…

Source: SDC 1939, § 27.0506; SL 1939, ch 101 , § 2; SDC Supp 1960, § 27.0502; SL 1967, ch 95 ; SL 2021, ch 173 , § 13.

Any applicant for a license pursuant to this chapter shall apply on a form prescribed by the board and pay the fee for the license required pursuant to this chapter. The fee for the license shall be set by rule, promulgated by the board pursuant to chapter 1-26 , and may not exce…

An applicant shall pass all parts of the National Board of Chiropractic Examiners exams that are available at the time of graduation. Source: SDC 1939, § 27.0507; SL 1939, ch 101 , § 3; SDC Supp 1960, § 27.0503; SL 1975, ch 232 , § 8; SL 1986, ch 303 ; SL 1993, ch 274 , § 3; SL 2…

Any person licensed to practice chiropractic under the laws of any other state having equivalent requirements of this chapter or licensed by the National Board of Chiropractic Examiners may be issued a license to practice chiropractic in this state without examination, upon payme…

A practitioner shall conspicuously display the practitioner's license to practice chiropractic at the office of the practitioner. Source: SDC 1939, § 27.0507; SL 1939, ch 101 , § 3; SDC Supp 1960, § 27.0503; SL 1998, ch 224 , § 1; SL 2021, ch 173 , § 17.

Any license issued pursuant to this chapter shall be renewed annually on or before the thirty-first day of December. The renewal shall be issued by the board upon payment of the fee set by rule, promulgated by the board pursuant to chapter 1-26 , not exceeding the sum of three hu…

The board may provide, by rule, promulgated pursuant to chapter 1-26 , additional requirements for the obtaining of an annual license. Source: SL 1975, ch 232 , § 13; SL 2021, ch 173 , § 19.

Any licensed chiropractor may organize or contract for services with a corporation organized under the laws of this state by licensed practitioners of the healing arts, for the purpose of negotiating group health care contracts and providing services within the scope of their res…

Chiropractors are subject to the same uniform rules, both public and state, that govern physicians or healers of other schools as to births and deaths and the control of contagious diseases and are entitled to all the privileges granted other physicians or healers pertaining to t…

The board may establish a chiropractic physician preceptor associate program. The board may promulgate rules pursuant to chapter 1-26 to implement this section. Source: SL 1979, ch 251 ; SL 2021, ch 173 , § 20.

The board shall: (1) Establish, by rule promulgated pursuant to chapter 1-26 , standards for, and to promote, the safe and qualified practice of chiropractic; (2) Be responsible for all disciplinary proceedings under this chapter; (3) Establish, by rule promulgated pursuant to ch…

The board may, by rule promulgated pursuant to chapter 1-26 , establish minimum educational and training requirements and continuing education requirements to practice chiropractic radiography. The board may also require, or substitute, clinical experience in addition to, or in l…

Source: SL 1985, ch 298 , § 3; SL 2021, ch 173 , § 23.

Any person who practices or attempts to practice chiropractic radiography without first having secured a license from the board and an annual license renewal is guilty of a Class 1 misdemeanor. Source: SL 1985, ch 298 , § 4; SL 2021, ch 173 , § 24.

The board may, in compliance with chapter 1-26 , refuse to grant a license to any person otherwise qualified, and may revoke the license of any chiropractor who is not of good moral character; who solicits professional patronage by agents; who is guilty of unprofessional conduct,…

The board may, in lieu of revocation, suspend a licensee, issue a formal reprimand, or place the licensee on probation under such terms and conditions as may be defined by the board after hearing. Source: SDCL, § 36-5-16 as added by SL 1975, ch 232 , § 10.

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

Source: SL 1929, ch 211 ; SDC 1939 § 27.0505; SL 1939, ch 101 , § 7; SDC Supp 1960, § 27.0507; SL 1975, ch 232 , § 11; SL 2005, ch 199 , § 15; SL 2021, ch 173 , § 26.

The board may act as a peer review committee or may appoint other licensed chiropractors to perform such function. No monetary liability on the part of, and no cause of action for damages may arise against any member of a duly appointed peer review committee comprised of chiropra…

Any person who advertises, practices, or attempts to practice chiropractic or who uses the title chiropractor or any word or title having a tendency to induce any person to believe that the person is a chiropractor without first having secured a license from the board or an annua…

The board may commence an action for an injunction for a violation of this chapter or regulations promulgated hereunder. Source: Code commission insertion in 1972 revision of volume to carry out directions in SL 1972, ch 15 , § 4; SL 1975, ch 232 , § 2; SL 2021, ch 173 , § 3.

Any person violating a provision of this chapter or regulations promulgated hereunder may also be required by the court to pay all expenses, including legal fees, incurred by the board in enforcing this chapter and the regulations promulgated hereunder. Source: SDCL, § 36-5-2.1 a…

Notwithstanding any provision of chapter 36-1C , the board may act as a disciplinary committee or may appoint other chiropractors licensed to practice in this state to perform such functions to maintain the professional standards of the board. No monetary liability on the part of…

The board may act as an ethics committee or may appoint other chiropractors licensed to practice in this state to perform such functions to maintain the professional standards of the board. No monetary liability on the part of, and no cause of action for damages may arise against…

Each applicant for licensure as a chiropractor, in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall …

Source: SL 2008, ch 192 , § 1; SL 2021, ch 173 , § 31.

A chiropractic assistant seeking a certification of registration under this chapter shall complete and submit an application as prescribed by the board. The board may promulgate rules pursuant to chapter 1-26 to establish an annual registration fee, not to exceed one hundred doll…

The board may promulgate rules pursuant to chapter 1-26 to establish minimum educational and training requirements and continuing education requirements to practice as a chiropractic assistant. The board may also require, or substitute, clinical experience in addition to, or in l…

The board may register an applicant from outside the state whose education and training meet the qualifications established by the board. Source: SL 2008, ch 192 , § 4; SL 2021, ch 173 , § 34.

The board may provide by rules promulgated pursuant to chapter 1-26 , additional requirements for obtaining a chiropractic assistant certificate of registration. Source: SL 2008, ch 192 , § 5; SL 2021, ch 173 , § 35.

The registration of a chiropractic assistant may be revoked or suspended upon violation of any section of this chapter or of any rule adopted by the board. All proceedings concerning the revocation or suspension of a registration shall conform to contested case procedure set fort…

Any person who practices or attempts to practice as a chiropractic assistant without first having secured a certificate of registration from the board and an annual renewal is guilty of a Class 1 misdemeanor. Source: SL 2008, ch 192 , § 7; SL 2021, ch 173 , § 37.

The Governor shall appoint all members of the board. The board shall be composed of one lay person, who is not licensed by the board but uses the services licensed, and four members who are chiropractors in active practice in the state. The term of a member begins on January firs…

Source: SL 1973, ch 2 , § 58; SL 2021, ch 173 , § 6.

The board shall elect annually from its members a president, vice president, and secretary. No member may serve as president more than three consecutive one-year terms. The board may promulgate rules, pursuant to chapter 1-26 , to carry out and make effective the provisions and p…

The board shall submit any records, information, and reports in the form and at the times as required by the Department of Health, except that the board shall report at least annually. Source: SL 1973, ch 2 , § 56 (f); SL 2003, ch 272 , § 34; SL 2021, ch 173 , § 8.

Source: SDC 1939, § 27.0504; SL 1939, ch 101 , § 6; SDC Supp 1960, § 27.0506; SL 2021, ch 173 , § 9.

The board shall deposit all funds it receives or collects under the provisions of this chapter in the bank that is authorized by the board. The board may expend funds for administrative, consultative, and other necessary services for the board in an amount set by the board. The f…

36-5-8 Educational requirements for license. 36-5-9 Repealed 36-5-10 Repealed 36-5-11 Application for license--Fee. 36-5-12 Scope of examinations. 36-5-13 License without examination on certification from another state or national board--Fee. 36-5-14 Display of license. 36-5-14.1…

Any person is eligible for licensure who has satisfactorily completed two years of preprofessional study in a liberal arts or science course at any college or university and who is a graduate of a chiropractic school approved by the board. The minimum requirements for licensure o…

Source: SDC Supp 1960, § 27.0502 as added by SL 1967, ch 95 ; SL 1975, ch 232 , § 6; SL 1993, ch 274 , § 2; SL 2021, ch 173 , § 12.