Rule 20:41 CHIROPRACTORS
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.
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
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
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
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
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.
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.
Source: 28 SDR 88, effective December 23,
2001; 39 SDR 127, effective January 21, 2013.
General Authority: SDCL 36-5-4, 36-5-21(3).
Law Implemented: SDCL 36-5-4, 36-5-21(3).
Rule 20:41:10 DISCIPLINARY ACTIONS
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 with the board or the disciplinary
committee and violations which come to the attention of one or more board
members.
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, 36-5-20(4).
Law
Implemented: SDCL 36-5-4, 36-5-15.2(2), 36-5-16, 36-5-20(4).
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 violation of this article constitutes unprofessional conduct.
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; 32 SDR 32, effective August 31,
2005.
General
Authority: SDCL 36-5-4.
Law
Implemented: SDCL 36-5-4, 36-5-16.
Rule 20:41:10:02.01 Solicitation.