Title 36 — PROFESSIONS AND OCCUPATIONS

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.

Source: SDC 1939 § 27.0605; SL 1971, ch 213 , § 13; revised pursuant to SL 1972, ch 15 , § 4; SL 1992, ch 269 , § 20.

Terms used in this chapter mean: (1) "Allied dental educational program," a dental hygiene, dental assisting, or laboratory technology educational program; (2) "Board," the State Board of Dentistry; (3) "Collaborative agreement," a written agreement between a supervising dentist …

The State Board of Dentistry shall consist of seven members. Five members shall be dentists in active practice in South Dakota for at least five years immediately preceding appointment. One member shall be a lay person and a resident of this state at least five years. One member …

The board shall hold at least two meetings annually at times and places to be set by the board. The board may hold other meetings at a time and place set by the president or a majority of the board. A majority of the board may call a meeting, without the call of the president. So…

A majority of board members constitutes a quorum. A majority vote of those present shall constitute a decision of the entire board. Source: SL 1981, ch 275 , § 5; SL 1992, ch 269 , § 10; SL 2015, ch 199 , § 9.

A member of the board may be removed from office for cause, or if physically or mentally unable to carry out the duties of a board member, or if found guilty of a violation of any provision of this chapter. Source: SL 1981, ch 275 , § 6; SL 1992, ch 269 , § 11; SL 2015, ch 199 , …

The board, its members, and its agents are immune from personal liability for actions taken in good faith in the discharge of the board's duties. The state shall hold the board, its members, and its agents harmless from all costs, damages, and attorney fees arising from claims an…

The board may: (1) Establish standards for, and promote, the safe and qualified practice of dentistry; (2) Conduct all disciplinary proceedings under this chapter; (3) Establish educational, training and competency standards governing the examination and practice of dentists and …

The board may not promulgate a rule which: (1) Is not authorized by this chapter or which does not relate to the protection of the public from unsafe dental practices; (2) Discriminates between licensees or registrants of the same class; (3) Has as its primary purpose the promoti…

36-6A-17 Enforcement of chapter. 36-6A-18 Assistance in enforcement--Expenditures--Employment of attorney. 36-6A-19 Subpoena power of board--Administration of oaths. 36-6A-20 Depositions. 36-6A-21

The board may use its own staff or employ or contract with agents or investigators to assist in the enforcement of this chapter or any rule promulgated thereunder. If it appears to the board that a person is violating any provision or rule of this chapter, the board may, in its o…

The board and its members and officers shall assist any person charged with the enforcement of this chapter, and the board, its members, agents, and officers shall furnish the person with evidence to assist in the prosecution of any violation or enforcement of this chapter, and t…

In all matters pending before it the board has the powers provided by §

36-6A-3 Appointment and term of lay member. 36-6A-4 Terms of office--Vacancies. 36-6A-5 Officers of board. 36-6A-6 Board continued within Department of Health--Records and reports. 36-6A-7 Acceptance of funds by board--Separate fund--Payments from fund--Expense limited by revenue…

Any deposition may be taken as provided by §

36-6A-21.1 Inspection of premises--Confidentiality of records. 36-6A-22 Complaints--Records--Investigation--Dismissal--Hearing--Appeal. 36-6A-22.1 Report of suspension or revocation of practice privilege by facility. 36-6A-22.2 Discovery--Evidence in contested case--Personal inju…

Pursuant to a complaint concerning the health or safety of patients or the public, the board, or any of its members, officers, agents, or employees so authorized, may enter and inspect, during business hours, any place where dentistry is practiced for the purpose of enforcing thi…

The board shall receive complaints regarding the enforcement of this chapter. A record of each complaint shall be maintained by the board. An investigation shall be conducted by a member, or agent or an appointee of the board to determine whether an alleged violation has been com…