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Rule 20:41 CHIROPRACTORS

ARTICLE 20:41

CHIROPRACTORS

Chapter

20:41:01             Definitions.

20:41:02             Declaratory rulings.

20:41:03             Initiation, repeal, or amendment of rules, Repealed.

20:41:04             Educational institutions.

20:41:05             Applications for examination.

20:41:06             Other forms.

20:41:07             Annual renewal fees.

20:41:08             Continuing education.

20:41:09             Ethics committee and code of ethics.

20:41:10             Disciplinary actions.

20:41:11             Chiropractic facilities, Repealed.

20:41:12             Chiropractor physician preceptor associate program.

20:41:13             Chiropractic radiography.

20:41:14             Peer review.

20:41:15             Chiropractic assistants.


Rule 20:41:01 DEFINITIONS

CHAPTER 20:41:01

DEFINITIONS

Section

20:41:01:01        Definitions.

20:41:01:02        Manipulation/mobilization -- Manipulation/adjustment.


Rule 20:41:01:01 Definitions.

          20:41:01:01.  Definitions. Terms defined in SDCL chapter 36-5 have the same meaning when used in this article. In addition, terms used in this article mean:

 

          (1)  "Board," the Board of Chiropractic Examiners;

 

          (2)  "Committee," a group of licensed chiropractors appointed by the board to perform certain designated functions;

 

          (3)  "Continuing education course," a course of instruction approved by the board 30 days in advance of attendance;

 

          (4)  "Negative peer review," any review by the chiropractic peer review committee of chiropractic service which does not conform to the standards as set forth in §§ 20:41:09:01 and 20:41:14:07;

 

          (5)  "Scope of practice," diagnostic procedures and chiropractic therapeutics as taught in approved chiropractic schools, as defined by § 20:41:04:01, but within the limitations and privileges of SDCL 36-5-1 and 36-5-15.

 

          Source: 1 SDR 24, effective August 28, 1974; 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, effective December 23, 2001; 37 SDR 133, effective January 12, 2011.

          General Authority: SDCL 36-5-4, 36-5-15.2.

          Law Implemented: SDCL 36-5-1, 36-5-3, 36-5-4, 36-5-15, 36-5-19, 36-5-20, 36-5-21.

 


Rule 20:41:01:02 Manipulation/mobilization -- Manipulation/adjustment.

          20:41:01:02.  Manipulation/mobilization -- Manipulation/adjustment. For the purposes of this article, "manipulation/mobilization" is an externally applied mechanical measure. "Manipulation/adjustment" of a joint is defined as a passively applied movement of low amplitude and low or high-velocity thrust which moves the joint into the paraphysiological range. Manipulation is a passive dynamic thrust that causes cavitation or gapping and attempts to restore the manipulated joint's range of motion and neurophysiological function. Manipulation commences where mobilization ends.

 

          Mobilization is a non-thrust, manual therapy. It involves passive movement of a joint within its physiologic range of motion. This is approximately equivalent of the normal range of motion a joint can be taken through by intrinsic musculature. Active range of motion is motion which patients can accomplish by themselves. Mobilization is passive movement within the physiologic joint space administered by a clinician for the purpose of increasing overall range of joint motion.

 

          Figure 1 graphically demonstrates the varying degrees of motion between the two techniques, and their specific classifications.

Range of Movement Diarthroidal Joints

 

 

 

          Stage 1  The active range of movement (motion produced by muscular action).

          Stage 2  The passive range of movement (motion produced by traction or springing the joint–joint play, up to the elastic barrier of resistance). Characterizes mobilization.

          Stage 3  The paraphysiological range of movement (motion beyond the elastic barrier of resistance up to the limit of anatomical integrity produced by manipulation/adjustment and frequently accompanied by an audible release). Characterizes manipulation/adjustment.

          Stage 4  The pathological movement (motion beyond the limit of normal anatomical integrity, which damages ligaments and capsule, resulting in joint hypermobility).

                        Manipulation/adjustment that is too forceful may move the joint beyond the limit of anatomical integrity, creating or perpetuating joint instability.

 

          Source: 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-1, 36-5-4, 36-5-15.2(1)(3).

          Law Implemented: SDCL 36-5-1, 36-5-4, 36-5-15.2(1)(3).

 

          Reference: Meridel I. Gatterman, "Complications of and Contraindications to Spinal Manipulative Therapy," chap. 4 in Chiropractic Management of Spine Related Disorders, ed. Meridel I. Gatterman (Baltimore: Williams & Wilkins, 1990), 49, fig. 3.1.

 


Rule 20:41:02 DECLARATORY RULINGS

CHAPTER 20:41:02

DECLARATORY RULINGS

Section

20:41:02:01        Procedure to obtain declaratory ruling.

20:41:02:02        Hearings on petition to obtain declaratory ruling.

20:41:02:03        Decisions.

20:41:02:04        Conduct of hearings.


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 arises. The petition must be verified by the petitioner, except that matters not within the personal knowledge of the petitioner may be on information or belief. The petition shall identify all persons who have or claim any interest which would be affected by the declaratory ruling. When declaratory relief is sought all persons who have or claim any interest which would be affected by the declaration shall be made parties.

 

          Source: 1 SDR 24, effective August 28, 1974; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001; 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-4, 36-5-21(4).

          Law Implemented: SDCL 1-26-15, 36-5-21(4).

 


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 be recorded on magnetic tape or by other equivalent means. At the request of any person, testimony given at such a hearing must be transcribed. The transcription expense must be borne by each person requesting a transcript. Parties may make their own provisions to have court reporters present at the hearing. Briefs may be filed by interested parties as the board may direct. Hearings shall be conducted in conformity with the provisions of SDCL 1-26-17 to 1-26-26, inclusive.

 

          Source: 1 SDR 24, effective August 28, 1974; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001; 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-4, 36-5-21(4).

          Law Implemented: SDCL 1-26-15, 36-5-21(4).

 


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 matter to the board.

 

          Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001; 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-4, 36-5-21(4)

          Law Implemented: SDCL 1-26-13, 1-26-15, 36-5-21(4).

 


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: SDCL 36-5-4, 36-5-15.2, 36-5-21(4).

          Law Implemented: SDCL 1-26-15, 36-5-21(4).

 


Rule 20:41:03 INITIATION, REPEAL, OR AMENDMENT OF RULES

CHAPTER 20:41:03

INITIATION, REPEAL, OR AMENDMENT OF RULES

(Repealed. 2 SDR 63, effective April 12, 1976)


Rule 20:41:04 EDUCATIONAL INSTITUTIONS

CHAPTER 20:41:04

EDUCATIONAL INSTITUTIONS

Section

20:41:04:01        Approved chiropractic schools.

20:41:04:02        Schools approved by the board of examiners.

20:41:04:03        Repealed.


Rule 20:41:04:01 Approved chiropractic schools.

          20:41:04:01.  Approved chiropractic schools. All applicants for licensure who matriculate in a chiropractic college after October 1, 1975, must present evidence of having graduated from a chiropractic college accredited by the Council on Chiropractic Education.

 

          Source: 1 SDR 24, effective August 28, 1974; 2 SDR 63, effective April 12, 1976; 5 SDR 8, effective August 14, 1978; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 37 SDR 133, effective January 12, 2011.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-8, 36-5-9.

 

          Reference: "Institutions Holding Accredited Status." Copies may be obtained from the Council on Chiropractic Education at www.cce-usa.org.

 


Rule 20:41:04:02 Schools approved by the board of examiners.

          20:41:04:02.  Schools approved by the board of examiners. The board approves, for the purposes of SDCL 36-5-9, all colleges or universities or junior colleges which are accredited as of December 1, 2010, by the following: Middle States Commission on Higher Education; New England Association of Schools and Colleges, Commission on Institutions of Higher Education; New York State Board of Regents, and the Commissioner of Education; North Central Association of Colleges and Schools, the Higher Learning Commission; Northwest Commission on Colleges and Universities; Southern Association of Colleges and Schools, Commission on Colleges; and Western Association of Schools and Colleges, Accrediting Commission for Senior Colleges and Universities. The board, upon the presentation of an application for examination as provided by chapter 20:41:05, may approve other colleges, universities, or junior colleges.

 

          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.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-8, 36-5-9.

 


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, effective December 23, 2001; repealed, 37 SDR 133, effective January 12, 2011.

 


Rule 20:41:05 APPLICATIONS FOR EXAMINATION

CHAPTER 20:41:05

APPLICATIONS FOR EXAMINATION

Section

20:41:05:01        Verified general information to be furnished by applicant for examination.

20:41:05:02        Information on education to be provided.

20:41:05:03        Verified information on other licenses and experience.

20:41:05:04        Attachments and other information in connection with application.

20:41:05:04.01   Criminal background investigation required -- Procedure -- Results furnished to board.

20:41:05:05        Reciprocity.

20:41:05:06        Inactive status and reactivation of license.

20:41:05:06.01   Lapse and reinstatement of license.

20:41:05:07        Continuing rights.

20:41:05:08        Repealed.

20:41:05:09        Licensure examination.

20:41:05:10        Financial responsibility.

20:41:05:11        Exemption from financial responsibility.

20:41:05:12        Exemption from licensing requirement for a person licensed in another state.


Rule 20:41:05:01 Verified general information to be furnished by applicant for examination.

          20:41:05:01.  Verified general information to be furnished by applicant for examination. Each applicant for examination shall make a written application verified by oath of the applicant. The application must be printed or typewritten, and all questions must be answered completely and correctly. All candidates must appear in person at a regular meeting of the board of chiropractic examiners after submitting their application. The full name, permanent address, birthplace, date of birth, age, and social security number shall be on the application. The applicant shall give particulars as to whether he has ever been arrested for or charged with any crime, other than a traffic violation, whether he is a citizen of the United States, whether he is engaged in any business or vocation other than chiropractic, and his places of residence for the preceding five years.

          Source: 1 SDR 24, effective August 28, 1974; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-10.


Rule 20:41:05:02 Information on education to be provided.

          20:41:05:02.  Information on education to be provided. The applicant shall provide the following information concerning education:

          (1)  The year and location of high school graduation;

          (2)  The name, location, dates of attendance, and degrees received from prechiropractic colleges;

          (3)  The name, location, dates of attendance, date of graduation, degree received, and total number of hours from chiropractic colleges.

          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.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-10.


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 previously issued a chiropractic license to the applicant, the length of time in practice, the location of practice, whether the license is in force or has been suspended, revoked, or voluntarily discontinued, and the date of issue and certificate number of any national board certificate.

 

          Source: 1 SDR 24, effective August 28, 1974; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-10.

 


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, all but $100 of which is refundable if license is not issued;

 

          (2)  An original unretouched photograph taken within six months preceding the date of application, which shows head and shoulders, front view, and is two inches by two inches;

 

          (3)  A certified copy of the applicant's college diploma and grades;

 

          (4)  Certification required by SDCL 36-5-9;

 

          (5)  A certified copy of the applicant's National Board of Chiropractic Examiners diploma and grades; and

 

          (6)  The agreement of the applicant to keep the board fully advised of the applicant's address and to give such assistance as the law may require to aid in the prosecution of violations of the laws of South Dakota pertaining to the practice of chiropractic.

 

          (7)  Two licensed chiropractors must certify that the applicant is not addicted to intoxicants or drugs and must recommend the applicant as a person of high moral character, stating their addresses and the length of time each has known the applicant.

 

          All materials required by this section must be in the secretary-treasurer's office or postmarked 15 days before the examination date.

 

          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; last sentence pertaining to examination subjects transferred to § 20:41:05:09, 13 SDR 85, effective January 4, 1987; 19 SDR 121, effective February 21, 1993; 28 SDR 88, effective December 23, 2001; 29 SDR 34, effective September 19, 2002; 32 SDR 32, effective August 31, 2005.

          General Authority: SDCL 36-5-4, 36-5-10, 36-5-11, 36-5-12, 36-5-14.2, 36-5-15.2(4), 36-5-16.

          Law Implemented: SDCL 36-5-4, 36-5-10, 36-5-11, 36-5-12, 36-5-15.2(4), 36-5-16.

 

          Reference: "Institutions Holding Accredited Status," revised July 8, 1992, The Council on Chiropractic Education, 8049 N. 85th Way, Scottsdale, AZ 85258-4321. Copies may be obtained from the above address.

 


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. Effective January 1, 2006, each applicant for admission to practice as a chiropractor in this state shall submit to a criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Each applicant shall submit a completed fingerprint card to the board. The board shall submit the cards to the Division of Criminal Investigation prior to the admittance of an applicant. The fingerprint cards shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal record check. The results of the criminal history check shall be given to the board to determine an applicant's qualification for admission pursuant to SDCL 36-5-14.2.

 

          Source: 32 SDR 32, adopted August 11, 2005, effective January 1, 2006.

          General Authority: SDCL 36-5-4, 36-5-10, 36-5-11, 36-5-12, 36-5-14.2, 36-5-15.2(4), 36-5-16.

          Law Implemented: SDCL 36-5-4, 36-5-10, 36-5-11, 36-5-12, 36-5-15.2(4), 36-5-16.

 

          Reference: "Institutions Holding Accredited Status," revised July 8, 1992, The Council on Chiropractic Education, 8049 N. 85th Way, Scottsdale, AZ 85258-4321. Copies may be obtained from the above address.

 


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 written application a certification from the secretary of the applicable state board of chiropractic examiners showing the date, license number, state, and ratings or record of examination of the applicant in chiropractic subjects and basic science subjects, National Board of Chiropractic Examiners diploma and grades, including the general average received, the status of the license issued, and a recommendation concerning good moral character and the worthiness of the applicant for reciprocal recognition. An applicant seeking reciprocity shall also meet the following criteria:

 

          (1)  Has passed all parts of national boards required at the time of graduation;

          (2)  Has actively practiced a minimum of five years immediately preceding the submission of the application;

          (3)  Has no investigations pending; and

          (4)  Has no adverse actions taken by another state board.

 

          After review of an applicant's application and record, if the board has any remaining concerns about an applicant's clinical competency, the board may require the applicant to take and successfully pass the National Board of Chiropractic Examiners (NBCE) Special Purposes Examination for Chiropractic (SPEC) or the National Board of Chiropractic Examiners Part IV Examination. The board shall determine the score for successful passage and shall consider the NBCE recommended score to make that determination.

 

          Source: 1 SDR 24, effective August 28, 1974; 2 SDR 63, effective April 12, 1976; 7 SDR 95, effective April 13, 1981; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001; 29 SDR 34, effective September 19, 2002; 32 SDR 32, effective August 31, 2005; 35 SDR 47, effective September 8, 2008; 37 SDR 133, effective January 12, 2011.

          General Authority: SDCL 36-5-4, 36-5-13.

          Law Implemented: SDCL 36-5-4, 36-5-10, 36-5-13.

 


Rule 20:41:05:06 Inactive status and reactivation of license.

            20:41:05:06.  Inactive status and reactivation 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 an inactive license. No person may practice chiropractic in South Dakota with an inactive license. A chiropractor with an inactive South Dakota license and an active license in good standing in another state may, after meeting all other requirements of this chapter, convert to an active South Dakota license by paying the active license fee, submitting a renewal application, and providing verification of continuing education as required by § 20:41:08:02. A chiropractor with an inactive South Dakota license who does not currently have an active license in good standing in another state, may convert to an active license in South Dakota only after successfully passing the National Board of Chiropractic Examiners (NBCE) Special Purposes Examination for Chiropractic (SPEC). The board shall determine the score for successful passage and shall consider the NBCE recommended score to make that determination. If it has been two years or less since a chiropractor had an active license in South Dakota, the board may waive the Special Purposes Examination for Chiropractic (SPEC).

 

          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; 28 SDR 88, effective December 23, 2001; 33 SDR 66, effective October 23, 2006; 37 SDR 133, effective January 12, 2011.

          General Authority: SDCL 36-5-4, 36-5-10, 36-5-12, 36-5-14.2, 36-5-15.2(3)(4).

          Law Implemented: SDCL 36-5-4, 36-5-9, 36-5-10, 36-5-12, 36-5-14.2, 36-5-15.2(3)(4).

 

          Cross-Reference: Annual renewal fees, ch 20:41:07.

 


Rule 20:41:05:06.01 Lapse and reinstatement of license.

          20:41:05:06.01.  Lapse and reinstatement 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 for which it was last renewed. A chiropractor with a lapsed South Dakota license and an active license in good standing in another state may, after meeting all other requirements of this chapter, obtain an active South Dakota license by paying the active license fee, submitting a renewal application, and providing verification of continuing education as required by § 20:41:08:02. A chiropractor with a lapsed South Dakota license who does not currently have an active license in good standing in another state, may obtain an active South Dakota license only after successfully passing the National Board of Chiropractic Examiners (NBCE) Special Purposes Examination for Chiropractic (SPEC). The board shall determine the score for successful passage and shall consider the NBCE recommended score to make that determination. If it has been two years or less since the chiropractor had an active license in South Dakota, the board may waive the Special Purposes Examination for Chiropractic (SPEC).

 

          Source: 37 SDR 133, effective January 12, 2011.

          General Authority: SDCL 36-5-4, 36-5-10, 36-5-12, 36-5-14.2, 36-5-15.2(3)(4).

          Law Implemented: SDCL 36-5-4, 36-5-9, 36-5-10, 36-5-12, 36-5-14.2, 36-5-15.2(3)(4).

 


Rule 20:41:05:07 Continuing rights.

          20:41:05:07.  Continuing rights. The board shall not deny a license in years after 1975 to a person who held a valid 1975 South Dakota chiropractic license, if the denial is based wholly or in part on the fact that the person is not a graduate of an approved chiropractic school or other school as approved by the board pursuant to chapter 20:41:03.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-9, 36-5-14.2.


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 Licensure examination.

          20:41:05:09.  Licensure examination. The board may conduct a written examination of the applicant in those subjects required by SDCL 36-5-12 and in chiropractic orthopedics, neurology, clinical laboratory, nutrition, physiotherapy, spinal and extra-spinal manipulation, meridian therapy, and all other recognized diagnostic, clinical, and therapeutic procedures as taught in board-approved, accredited schools. The ratings of the applicant shall be completed following the written examination and the clinical demonstrations.

          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, effective January 4, 1987; 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-4, 36-5-12.

          Law Implemented: SDCL 36-5-12.


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 for licensure or license renewal and shall provide proof of compliance to the board.

          Source: 25 SDR 80, effective December 6, 1998; 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-4, 36-5-14.2, 36-5-15.2(1).

          Law Implemented: SDCL 36-5-4, 36-5-14.2, 36-5-15.2(1).


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, employee, or agent of the federal government or of the state of South Dakota or its agencies or subdivisions;

          (2)  The person is licensed to practice chiropractic in the state of South Dakota who practices only in conjunction with teaching duties at an accredited school or in its teaching hospitals. Such person may engage in the practice of chiropractic to the extent that the practice is incidental to and a necessary part of duties in connection with the teaching position in the school; or

          (3)  The person holds an active license under the provisions of chapter 20:41:05 who is not practicing chiropractic in the state of South Dakota. If such person initiates or resumes practice in this state, the person shall notify the board of the activity and provide proof of compliance with § 20:41:05:10.

          Source: 25 SDR 80, effective December 6, 1998.

          General Authority: SDCL 36-5-4, 36-5-14.2.

          Law Implemented: SDCL 36-5-14.2.


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 from the licensure requirements of chapter 20:41:05 if that person:

          (1)  Is practicing in South Dakota on a single, temporary assignment for a specific sporting, performing arts, or educational event not to exceed 15 days, and treats only those participants of the specific event;

          (2)  Is actively engaged in the practice of chiropractic in the state in which the person is licensed;

          (3)  Is in good standing with the board of chiropractic physicians in the state in which the person is licensed; and

          (4)  Has applied for a license at least 15 days prior to the beginning of the scheduled event.

          Source: 25 SDR 80, effective December 6, 1998.

          General Authority: SDCL 36-5-4, 36-5-13.

          Law Implemented: SDCL 36-5-13.


Rule 20:41:06 OTHER FORMS

CHAPTER 20:41:06

OTHER FORMS

Section

20:41:06:01        Duplicate certificate.

20:41:06:02        Current address.


          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: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4.


          20:41:06:02.  Current address. A licensee shall file his correct mailing address with the secretary-treasurer of the board.

          Source: 1 SDR 24, effective August 28, 1974; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 121, effective February 21, 1993.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4.


Rule 20:41:07 ANNUAL RENEWAL FEES

CHAPTER 20:41:07

ANNUAL RENEWAL FEES

Section

20:41:07:01        Annual active renewal fee.

20:41:07:02        Annual inactive fee.

20:41:07:03        Renewal application.


Rule 20:41:07:01 Annual active renewal fee.

          20:41:07:01.  Annual active renewal fee. The annual license renewal fee is $200.

          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 September 19, 2002.

          General Authority: SDCL 36-5-4, 36-5-14.1.

          Law Implemented: SDCL 36-5-14.1.


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 January 4, 1987; 29 SDR 34, effective September 19, 2002; 37 SDR 133, effective January 12, 2011.

          General Authority: SDCL 36-5-4, 36-5-14.1.

          Law Implemented: SDCL 36-5-4, 36-5-14.1.

 


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 36-5-14.2.

 


Rule 20:41:08 CONTINUING EDUCATION

CHAPTER 20:41:08

CONTINUING EDUCATION

Section

20:41:08:01        Continuing education courses.

20:41:08:02        Continuing education hours.

20:41:08:03        Continuing education waiver.

20:41:08:04        Information required for course approval.

20:41:08:05        Approval of courses.


Rule 20:41:08:01 Continuing education courses.

          20:41:08:01.  Continuing education courses. To be counted as continuing education, courses must meet the core curriculum requirements of the Council on Chiropractic Education as approved by the board annually. The board may also approve continuing education courses pursuant to § 20:41:08:04. Sponsors shall conduct approved courses with a certifying officer designated and present at all sessions. The officer shall, without advance notice, check attendance at least three times during each eight-hour block of instruction. The officer shall, within 15 days after the course completion, certify to the board secretary the names of all participants, hours in attendance, subject or subjects taught, name of sponsor, date and place of meeting, and names of all instructors.

 

          The board further accepts courses by PACE Recognized Providers. The Providers are accredited by the Federation of Chiropractic Licensing Boards Providers of Approved Continuing Education (FCLB PACE). The FCLB PACE approved programs satisfy the board's requirements for purpose of the license renewal process. Information can be obtained at the website referenced below. The board may continue to approve other non-FCLB PACE courses and also to deny FCLB PACE courses if deemed necessary.

 

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 121, effective February 21, 1993; 28 SDR 88, effective December 23, 2001; 33 SDR 66, effective October 23, 2006.

          General Authority: SDCL 36-5-4, 36-5-14.2, 36-5-15.2(3)(5).

          Law Implemented: SDCL 36-5-14.2, 36-5-15.2(3)(5).

 

          Note: www.fclb.org (PACE).

 


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. The period shall begin on January 1, 1994.

          Source: 2 SDR 63, effective April 12, 1976; 5 SDR 8, effective August 14, 1978; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 121, effective February 21, 1993.

          General Authority: SDCL 36-5-4, 36-5-14.2.

          Law Implemented: SDCL 36-5-14.2.


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 impractical for the applicant to attend or to have attended a sufficient number of class hours. The waiver may be absolute or conditional.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-4, 36-5-16, 36-5-14.2.


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;

          (3)  Hours of study planned;

          (4)  Names, educational background, and experience of instructors;

          (5)  Name of certifying officer and method to be used;

          (6)  Textbooks and equipment to be used or required;

          (7)  Whether the course is approved by any accrediting agency; and

          (8)  A course outline.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-1, 36-5-4, 36-5-14.2.


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 qualifications and experience of the instructor;

          (3)  The applicability of the subject matter to the practice of chiropractic as a healing art.

          Source: 19 SDR 121, effective February 21, 1993.

          General Authority: SDCL 36-5-4, 36-5-14.2.

          Law Implemented: SDCL 36-5-1, 36-5-4, 36-5-14.2.

          Cross-Reference: Approved chiropractic schools, § 20:41:04:01.


CHAPTER 20:41:09

ETHICS COMMITTEE AND CODE OF ETHICS

Section

20:41:09:01                                Patient care and charges.

20:41:09:01.01                           Informed consent.

20:41:09:02                                Concealment of patient condition.

20:41:09:03                                Referrals.

20:41:09:04                                Cooperation with board or ethics committee.

20:41:09:04.01                           Doctor-patient confidentiality.

20:41:09:05                                Specialty listings.

20:41:09:06                                Distributed material.

20:41:09:07                                Repealed.

20:41:09:07.01                           Advertising.

20:41:09:08 and 20:41:09:09     Repealed.

20:41:09:10                                Unauthorized practice and division of fees.

20:41:09:11                                Code of ethics.

20:41:09:12                                Ethics opinions.

20:41:09:13                                Requests for ethics opinions.

20:41:09:14                                Purpose of ethics committee.

20:41:09:15                                Composition of ethics committee.

20:41:09:16                                Qualifications of ethics committee members.


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 standards for determining the chiropractic standard of care in the state of South Dakota. No charge may be made which overestimates the advice and services rendered. It is unprofessional conduct for any chiropractor to enter into any contract, agreement, or other arrangement with a patient for care to be rendered in the future. The ability of the patient or insurance carrier to pay cannot be used to justify a charge in excess of the value of the service, although poverty of the patient may require a lesser charge or none at all. A chiropractor may not charge a patient, or a person authorized on behalf of a patient, for the costs of reproduction of chiropractic patient records in excess of the reasonable cost to photocopy the records and for the postage to mail the photocopied records to the patient.

 

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001; 33 SDR 66, effective October 23, 2006; 39 SDR 127, effective January 21, 2013.

          General Authority: SDCL 36-2-16, 36-5-4, 36-5-21(5).

          Law Implemented: SDCL 36-2-16, 36-5-1, 36-5-2, 36-5-4, 36-5-14.2, 36-5-15, 36-5-16, 36-5-21(5).

 


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 risk of serious bodily harm. The chiropractor shall obtain the patient's written informed consent prior to initiating clinical care. The signed written consent shall become part of the patient's record. A violation of this section constitutes unprofessional conduct and may subject the licensee to disciplinary action.

 

          Source: 39 SDR 127, effective January 21, 2013.

          General Authority: SDCL 36-2-16, 36-5-4, 36-5-21(5).

          Law Implemented: SDCL 36-2-16, 36-5-1, 36-5-2, 36-5-4, 36-5-14.2, 36-5-15, 36-5-16, 36-5-21(5).

 


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 military duty or to exaggerate injury or disease to collect damages or to defeat the rights of another.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-1, 36-5-2, 36-5-4, 36-5-14.2, 36-5-15, 36-5-16.


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, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-1, 36-5-2, 36-5-4, 36-5-14.2, 36-5-15, 36-5-16.


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 board or the ethics committee to the chiropractor. Each chiropractor shall report all acts of suspected dishonesty or incompetence or illegal activities involving other chiropractors to the investigator for the board. Each chiropractor shall report in writing to the board or the ethics committee any claim of malpractice or claim of dishonesty known to the chiropractor to be pending and the name and address of the plaintiff, plaintiff's attorney, location of court file, and general nature of any lawsuit pending against the chiropractor in which any claim of malpractice or dishonesty is made. All such matters shall be reported within 30 days after the service of process in the lawsuit or within 30 days after the chiropractor has knowledge of the existence of such claims, whichever is sooner.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-4, 36-5-21(4).

          Law Implemented: SDCL 36-5-1, 36-5-2, 36-5-4, 36-5-14.2, 36-5-15.2(3), 36-5-16, 36-5-21(4).


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 authorizing the release of either patient information or patient records, or both;

          (2)  The release of either patient information or patient records, or both, is requested in accordance with SDCL 36-5-19, 36-5-15.2, or 36-5-16 and 36-5-16.1; or

          (3)  The release of either patient information or patient records, or both, is required by law.

          Source: 25 SDR 80, effective December 6, 1998; 29 SDR 34, effective September 19, 2002.

          General Authority: SDCL 36-5-4, 36-5-15.2(1)(2).

          Law Implemented: SDCL 36-5-15, 36-5-15.2(1)(2), 36-5-16, 36-5-16.1, 36-5-19.1.


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 approved by the board in advance, with a ruling sought by the listing organization or the individual chiropractor pursuant to chapter 20:41:02.

          Source: 2 SDR 63, effective April 12, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-5-4.

          Law Implemented: SDCL 36-5-1, 36-5-2, 36-5-4, 36-5-14.2, 36-5-15, 36-5-16.


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 or methods or 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 or laboratory or diagnostic procedures.

          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; 28 SDR 88, effective December 23, 2001.

          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).


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 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.

 

          Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 25 SDR 80, effective December 6, 1998; 28 SDR 88, effective December 23, 2001; 39 SDR 127, effective January 21, 2013.

          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).

 


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. 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 47-11F.

          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; 28 SDR 88, effective December 23, 2001.

          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.


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.

 

          Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 121, effective February 21, 1993; 25 SDR 80, effective December 6, 1998; 29 SDR 34, effective September 19, 2002; 37 SDR 133, effective January 12, 2011.

          General Authority: SDCL 36-5-4, 36-5-15.2(1).

          Law Implemented: SDCL 36-5-4, 36-5-16.

 

          Reference: Copies may be obtained from the American Chiropractic Association at www.acatoday.org.

 


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 the disciplinary board or legal proceedings.

          Source: 25 SDR 80, effective December 6, 1998; 28 SDR 88, effective December 23, 2001.

          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).


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 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.

          Source: 25 SDR 80, effective December 6, 1998; 28 SDR 88, effective December 23, 2001.

          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).


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 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.

          Source: 28 SDR 88, effective December 23, 2001.

          General Authority: SDCL 36-5-4, 36-5-21(1).

          Law Implemented: SDCL 36-5-4, 36-5-21(1).


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 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.

 

          Source: 28 SDR 88, effective December 23, 2001; 39 SDR 127, effective January 21, 2013.

          General Authority: SDCL 36-5-4, 36-5-21(2).

          Law Implemented: SDCL 36-5-4, 36-5-21(2).

 


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 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.