20:41:10:05.03. Disciplinary
procedures. Disciplinary procedures shall be initiated by submission of a
written complaint or by resolution of the board. Disciplinary procedures shall
be conducted as follows:
(1) Each written complaint
or board resolution for disciplinary investigation shall be given to the board
investigator or the disciplinary committee. The investigator shall forward a
copy of the complaint to each committee member and shall investigate and
prepare a report to be presented to the committee;
(2) The investigator shall
acknowledge receipt of the complaint;
(3) The
investigator shall notify the chiropractic physician that a complaint has been
received and request a response within 15 days to be mailed to the
investigator. The notice shall include the basis for the complaint, including
the name of the complaining party, and the name of the investigator assigned to
investigate the complaint. A copy of these rules of procedure shall accompany
the notice. The chiropractic physician shall promptly and appropriately respond
to any request of the investigator or any committee member;
(4) The investigator shall
notify the complainant that the chiropractic physician has been notified of the
allegations and requested to respond within 15 days and that the response shall
be forwarded to the complainant;
(5) The investigator shall
prepare a report to present to the full committee for review. The report shall
include the identity of the complainant, the allegations which form the basis
of the complaint, the position of the chiropractic physician against whom the
complaint is lodged, and the proposed action, if any, that should be taken with
regards to the complaint;
(6) Upon presentation of
the report to the full committee, the committee shall review the report and act
upon the information before it, in one of the following manners, to-wit:
(a) Dismiss the
complaint if frivolous or clearly unfounded in fact; or
(b) Initiate an
informal inquiry or take such further action as the committee deems
appropriate;
(7) If
the committee dismisses the complaint, the investigator shall give notice to
the complainant and the chiropractic physician that the complaint has been
reviewed with the determination that no board action is warranted;
(8) If the committee finds
the complaint to have merit, the committee shall afford the chiropractic
physician complained against a reasonable opportunity to state the chiropractic
physician's position with respect to the allegations against the physician. The
hearing shall take the form of an informal conference between the committee and
the chiropractic physician complained against; and
(9) After an informal
inquiry, the committee may dismiss or, if the complaint has merit, refer to the
full board for a formal hearing. In lieu of referral to the full board, the
committee and the chiropractic physician may enter a remedial stipulation
satisfactory to both the chiropractic physician and the committee. If a
remedial stipulation is entered, the referral may not take place if the terms
of the remedial stipulation are successfully completed and the committee shall
notify the complainant that the matter has been resolved in this manner. The
complainant is not entitled to a copy of the remedial stipulation.
Nothing in this section may be
construed to limit the board's power to act itself, or through the disciplinary
committee, or a subcommittee of the disciplinary committee consisting of the
investigative officer, the executive director of the board, and one other
member of the disciplinary committee, pursuant to SDCL 1-26-29.
Source:
25 SDR 80, effective December 6, 1998; 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, 36-5-15.2(1), 36-5-20(4).
Law
Implemented: SDCL 36-5-4, 36-5-15.2(2), 36-5-20(4).