State of South Dakota

South Dakota Legislature

South Dakota Codified Laws

 
36-5 CHIROPRACTORS
CHAPTER 36-5

CHIROPRACTORS

36-5-1      Scope of practice--Limitations--Inapplicability to physicians.
36-5-2      Advertising or practicing without license or annual license renewal--Misdemeanor.
36-5-2.1      Injunction to prevent violations.
36-5-2.2      Liability of violators for enforcement expenses.
36-5-3      Composition of Board of Examiners--Appointment and terms--Vacancies.
36-5-3.1      Lay member of board--Appointment and term of office.
36-5-4      Officers of board--Rules and regulations--Examination of candidates--Bond of secretary-treasurer.
36-5-4.1      Board continued within Department of Health--Records and reports.
36-5-5      Compensation and expenses of board members.
36-5-6      Special fund for expenses of board.
36-5-7      Repealed.
36-5-8      Educational requirements for license.
36-5-9      Certifications of satisfactory course completion to be filed.
36-5-10      Application for examination.
36-5-11      License fee.
36-5-12      Scope of examinations--Waiver of examinations--Minimum grade--Reexaminations.
36-5-13      License without examination on certification from another state or national board--Fee.
36-5-14      Signature, seal and display of license.
36-5-14.1      Annual renewal of license--Fee.
36-5-14.2      Additional requirements for annual license.
36-5-14.3      Certain healing arts practitioners to participate in alternate health care delivery systems.
36-5-15      Rules of practice governing chiropractors--Privileges.
36-5-15.1      Student associate program.
36-5-15.2      Regulation and licensing of practice of chiropractic and chiropractic radiography--Enforcement--Hearing officers.
36-5-15.3      Education and experience requirement rules for practice of chiropractic radiography.
36-5-15.4      Definitions.
36-5-15.5      Unlicensed practice of chiropractic radiography as misdemeanor.
36-5-16      Grounds for refusal or revocation of license--Procedure.
36-5-16.1      Suspension, reprimand, or probation in lieu of revocation--Hearing.
36-5-17      Appeal from Board of Examiners.
36-5-18      South Dakota Chiropractors Association--Purpose.
36-5-19      Peer review committee--Immunity from liability--Conditions--Official immunity unaffected--Fee.
36-5-20      Disciplinary committee--Immunity from liability--Conditions--Official immunity unaffected.
36-5-21      Ethics committee--Immunity from liability--Conditions--Official immunity unaffected--Promulgation of rules.
36-5-22      Criminal background investigation of applicants for licensure.
36-5-23      Chiropractic assistant defined.
36-5-24      Application for certification as chiropractic assistant.
36-5-25      Minimum educational and training requirements--Continuing education requirements.
36-5-26      Out-of-state applicants.

36-5-27      Additional requirements for certification.
36-5-28      Revocation or suspension of registration.
36-5-29      Unauthorized practice as chiropractic assistant--Misdemeanor.

36-5-1 Scope of practice--Limitations--Inapplicability to physicians.
     36-5-1.   Scope of practice--Limitations--Inapplicability to physicians. Chiropractic is the science of locating and removing the cause of any abnormal transmission of nerve energy including diagnostic and applied mechanical measures incident thereto. Integral to chiropractic is the treating of specific joints and articulations of the body and adjacent tissues, to influence joints or neurophysiological functions of the body, or both, including the use of examination and treatment by manipulation, adjustment, and mobilization of a joint. No chiropractor may practice obstetrics or treat communicable diseases. The requirements of this section do not apply to those licensed pursuant to chapter 36-4.

Source: SDC 1939, §§ 27.0501, 27.0510; SL 1939, ch 101, § 8; SDC Supp 1960, § 27.0508; SL 2007, ch 209, § 1.

36-5-2 Advertising or practicing without license or annual license renewal--Misdemeanor.
     36-5-2.   Advertising or practicing without license or annual license renewal--Misdemeanor. Any person who advertises, practices, or attempts to practice chiropractic or who uses the title chiropractor or any word or title having a tendency to induce any person to believe that the person is a chiropractor without first having secured a license from the Board of Chiropractic Examiners or an annual license renewal from the Board of Chiropractic Examiners is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 27.9910; SL 1939, ch 101, § 9; SL 1975, ch 232, § 1; SL 1977, ch 190, § 146; SL 2005, ch 199, § 11; SL 2007, ch 210, § 1.

36-5-2.1 Injunction to prevent violations.
     36-5-2.1.   Injunction to prevent violations. The Board of Chiropractic Examiners is empowered to commence actions for injunctions for violations of this chapter or regulations promulgated hereunder.

Source: Code commission insertion in 1972 revision of volume to carry out directions in SL 1972, ch 15, § 4; SL 1975, ch 232, § 2.

36-5-2.2 Liability of violators for enforcement expenses.
     36-5-2.2.   Liability of violators for enforcement expenses. Any individual violating the provisions of this chapter or regulations promulgated hereunder may also be required by the court to pay all expenses, including legal fees, incurred by the Board of Chiropractic Examiners in enforcing this chapter and the regulations promulgated hereunder.

Source: SDCL, § 36-5-2.1 as added by SL 1975, ch 232, § 2.

36-5-3 Composition of Board of Examiners--Appointment and terms--Vacancies.
     36-5-3.   Composition of Board of Examiners--Appointment and terms--Vacancies. The Board of Chiropractic Examiners shall be composed of one lay person and four members who are chiropractors, and appointed by the Governor for terms of three calendar years. No member may serve more than three consecutive full terms. The Governor shall, by appointment, fill any vacancy occurring in the board. The appointment to an unexpired term is not considered a full term. The Governor may stagger terms to enable the board to have different terms expire each year.

Source: SDC 1939, § 27.0502; SL 1939, ch 101, § 1; SDC Supp 1960, § 27.0501; SL 1975, ch 232, § 3; SL 1995, ch 215; SL 2005, ch 199, § 12.

36-5-3.1 Lay member of board--Appointment and term of office.
     36-5-3.1.   Lay member of board--Appointment and term of office. The membership of the Board of Chiropractic Examiners shall include one lay member who is a user of the services regulated by the board. The term lay member who is a user refers to a person who is not licensed by the board but where practical uses the service licensed, and the meaning shall be liberally construed to implement the purpose of this section. The lay member shall be appointed by the Governor and shall have the same term of office as other members of the board.

Source: SL 1973, ch 2, § 58.

36-5-4 Officers of board--Rules and regulations--Examination of candidates--Bond of secretary-tre...
     36-5-4.   Officers of board--Rules and regulations--Examination of candidates--Bond of secretary-treasurer. The Board of Chiropractic Examiners shall organize annually by electing a president, vice-president, and secretary-treasurer, and the board shall have the power to adopt rules and regulations in compliance with chapter 1-26 as shall be reasonably necessary to carry out and make effective the provisions and purposes of this chapter. The board shall hold examination of candidates for license and the transaction of such business as may properly come before it at least twice annually in June and December of each year, at such times and places as may be designated by the board. The secretary-treasurer of the board may be required to give a bond in such sum and with such conditions as the board may direct.

Source: SDC 1939, §§ 27.0502, 27.0503; SL 1939, ch 101, §§ 1, 6; SDC Supp 1960, §§ 27.0501, 27.0506; SL 1975, ch 232, § 4.

36-5-4.1 Board continued within Department of Health--Records and reports.
     36-5-4.1.   Board continued within Department of Health--Records and reports. The Board of Chiropractic Examiners shall continue within the Department of Health, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required by the secretary of health, except that the board shall report at least annually.

Source: SL 1973, ch 2, § 56 (f); SL 2003, ch 272, § 34.

36-5-5 Compensation and expenses of board members.
     36-5-5.   Compensation and expenses of board members. Out of the funds received by the Board of Chiropractic Examiners, each member may be paid the compensation and reimbursement of expenses provided by law.

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

36-5-6 Special fund for expenses of board.
     36-5-6.   Special fund for expenses of board. All money, after the payments provided in § 36-5-5, shall be retained in a special fund for defraying the expenses of the Board of Chiropractic Examiners in carrying out the provisions of this chapter.

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

36-5-7
     36-5-7.   Repealed by SL 1982, ch 16, § 27.

36-5-8 Educational requirements for license.
     36-5-8.   Educational requirements for license. Any person is eligible for examination who is a high school graduate and who has satisfactorily completed two years of preprofessional study in a liberal arts or science course at any college or university approved by the Board of Examiners and who is a graduate of a chiropractic school approved by the Board of Examiners or will be a graduate of a chiropractic school approved by the Board of Examiners within ninety days after taking the examination. Such chiropractic school shall require at a minimum for graduation a period of actual attendance equivalent to the standard four-year course, teaching adequate courses in the basic sciences and all subjects pertaining to the practice of chiropractic. The minimum requirements for licensure of any person graduating on or after January 1, 2011 shall be a baccalaureate degree in addition to a doctor of chiropractic degree. The baccalaureate degree may be granted by an accredited undergraduate program or by a chiropractic college or university that can offer a dual degree.

Source: SDC 1939, § 27.0506; SL 1939, ch 101, § 2; SDC Supp 1960, § 27.0502; SL 1967, ch 95; SL 1975, ch 232, § 5; SL 1993, ch 274, § 1; SL 2007, ch 211, § 1.

36-5-9 Certifications of satisfactory course completion to be filed.
     36-5-9.   Certifications of satisfactory course completion to be filed. An applicant for examination under this chapter who has graduated shall file with the board, prior to the examination, such certifications from an attended school, showing satisfactory completion of the course of study. An applicant who has not graduated at the time of examination shall file such certifications with the board upon graduation.

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

36-5-10 Application for examination.
     36-5-10.   Application for examination. Such person shall, at least fifteen days before the date fixed for the regular meeting of the Board of Chiropractic Examiners, make a written application for examination to the secretary-treasurer of the board, giving such information, verified by oath of applicant, as shall be required by said board.

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

36-5-11 License fee.
     36-5-11.   License fee. The fee for the license shall be set by rule, promulgated by the Board of Chiropractic Examiners pursuant to chapter 1-26, and may not exceed three hundred dollars. The fee shall be paid to the secretary-treasurer of the board when the application is submitted.

Source: SDC 1939, § 27.0507; SL 1939, ch 101, § 3; SDC Supp 1960, § 27.0503; SL 1975, ch 232, § 7; SL 1981, ch 274, § 1; SL 1986, ch 302, § 51; SL 2002, ch 177, § 1; SL 2008, ch 191, § 9.

36-5-12 Scope of examinations--Waiver of examinations--Minimum grade--Reexaminations.
     36-5-12.   Scope of examinations--Waiver of examinations--Minimum grade--Reexaminations. The board shall conduct a written examination in anatomy, bacteriology, physiology, chemistry, pathology, histology, gynecology, symptomatology, hygiene and public health, physical diagnosis, diagnostic X-ray, principles and practice of chiropractic, and such other subjects as the board determines by rule. The board may waive examination in some or all of these subjects or their equivalents if the applicant has passed the examinations given by the National Board of Chiropractic Examiners. The board shall require all applicants to attain a general average of not less than seventy-five percent and a grade of at least seventy percent in each subject and to perform satisfactory clinical demonstrations to be entitled to a license to practice chiropractic. However, an applicant who has not graduated at the time of the examination is not entitled to a license until the applicant graduates and provides the board with the certifications from an attended school as required in § 36-5-9. The board may permit an applicant who failed only one subject to be reexamined only in such subject without an additional fee. The board may, by rule, limit the number and frequency of reexaminations.

Source: SDC 1939, § 27.0507; SL 1939, ch 101, § 3; SDC Supp 1960, § 27.0503; SL 1975, ch 232, § 8; SL 1986, ch 303; SL 1993, ch 274, § 3.

36-5-13 License without examination on certification from another state or national board--Fee.
     36-5-13.   License without examination on certification from another state or national board--Fee. Any person licensed to practice chiropractic under the laws of any other state having equivalent requirements of this chapter or licensed by the National Board of Chiropractic Examiners may, in the discretion of the Board of Chiropractic Examiners, be issued a license to practice chiropractic in this state without examination, upon payment of the fee set by rule, promulgated by the board pursuant to chapter 1-26, not to exceed three hundred dollars.

Source: SDC 1939, § 27.0508; SL 1939, ch 101, § 4; SDC Supp 1960, § 27.0504; SL 1975, ch 232, § 9; SL 1981, ch 274, § 2; SL 1986, ch 302, § 52; SL 2002, ch 177, § 2; SL 2008, ch 191, § 10.

36-5-14 Signature, seal and display of license.
     36-5-14.   Signature, seal and display of license. The license to practice chiropractic shall be signed by each member of the Board of Chiropractic Examiners and authenticated by the seal of the board, and the license and renewal certificate shall be conspicuously displayed at the office of the practitioner.

Source: SDC 1939, § 27.0507; SL 1939, ch 101, § 3; SDC Supp 1960, § 27.0503; SL 1998, ch 224, § 1.

36-5-14.1 Annual renewal of license--Fee.
     36-5-14.1.   Annual renewal of license--Fee. Each person receiving a license under the provisions of this chapter shall procure from the secretary-treasurer of the board on or before the thirty-first day of December of each year, a renewal of license. The renewal shall be issued by the secretary-treasurer upon payment of the fee set by rule, promulgated by the board pursuant to chapter 1-26, not exceeding the sum of three hundred dollars. The renewal license shall be in the form of a receipt acknowledging payment of the required fee and signed by the secretary-treasurer.

Source: SL 1975, ch 232, § 12; SL 1986, ch 302, § 53; SL 2000, ch 190, § 1; SL 2002, ch 177, § 3; SL 2005, ch 199, § 13; SL 2008, ch 191, § 11.

36-5-14.2 Additional requirements for annual license.
     36-5-14.2.   Additional requirements for annual license. The Board of Chiropractic Examiners may provide, by rule, additional requirements for the obtaining of an annual license.

Source: SL 1975, ch 232, § 13.

36-5-14.3 Certain healing arts practitioners to participate in alternate health care delivery system...
     36-5-14.3.   Certain healing arts practitioners to participate in alternate health care delivery systems. Any licensed chiropractor may organize or contract for services with a corporation organized under the laws of this state by licensed practitioners of the healing arts, for the purpose of negotiating group health care contracts and providing services within the scope of their respective licenses with alternate health care delivery systems, including, but not limited to, health maintenance organizations, preferred provider organizations, individual practices organizations or other similar forms of entity whatever.

Source: SL 1987, ch 269, § 2.

36-5-15 Rules of practice governing chiropractors--Privileges.
     36-5-15.   Rules of practice governing chiropractors--Privileges. Chiropractors are subject to the same uniform rules, both public and state, that govern physicians or healers of other schools as to births and deaths and the control of contagious diseases and are entitled to all the privileges granted other physicians or healers pertaining to the public health. These include the privilege of taking a complete, detailed, and accurate history for the purposes of doing a physical examination for participation in high school or other athletics, and of certifying that the patient is healthy and able to participate.

Source: SDC 1939, § 27.0510; SL 1939, ch 101, § 8; SDC Supp 1960, § 27.0508; SL 2000, ch 191, § 1.

36-5-15.1 Student associate program.
     36-5-15.1.   Student associate program. The Board of Chiropractic Examiners may establish a chiropractor student associate program. The board may promulgate rules pursuant to chapter 1-26 to implement this section.

Source: SL 1979, ch 251.

36-5-15.2 Regulation and licensing of practice of chiropractic and chiropractic radiography--Enforce...
     36-5-15.2.   Regulation and licensing of practice of chiropractic and chiropractic radiography--Enforcement--Hearing officers. The Board of Chiropractic Examiners shall:
             (1)      Establish, by rule, standards for, and to promote, the safe and qualified practice of chiropractic;
             (2)      Be responsible for all disciplinary proceedings under this chapter;
             (3)      Establish, by rule, educational, training, and competency standards governing the examination and practice of practitioners under this chapter. The board may, by rule, specify the minimum educational qualifications general practitioners shall have to present themselves as chiropractic specialists to the public;
             (4)      Examine, or cause to be examined, for competency, eligible applicants for licenses to practice chiropractic and chiropractic radiography;
             (5)      Issue licenses to those applicants who successfully complete the licensure examination and renew the licenses of those who continue to meet the licensure standards of this chapter and the board's rules;
             (6)      Establish, by rule, and collect an annual registration fee, not to exceed fifty dollars from those persons practicing chiropractic radiography.
     The board may authorize a hearing examiner to conduct any hearing required to determine violations of this chapter and the rules of the board.

Source: SL 1985, ch 298, § 2.

36-5-15.3 Education and experience requirement rules for practice of chiropractic radiography.
     36-5-15.3.   Education and experience requirement rules for practice of chiropractic radiography. The Board of Chiropractic Examiners may, by rule, establish minimum educational and training requirements and continuing education requirements to practice chiropractic radiography. The board may also require, or substitute, clinical experience in addition to, or in lieu of, educational and training requirements.

Source: SL 1985, ch 298, § 1.

36-5-15.4 Definitions.
     36-5-15.4.   Definitions. In this chapter, "chiropractic radiography" is the application of X-radiation within the scope of practice of chiropractic for diagnostic purposes only, and a "chiropractic specialist" is a chiropractor who has graduated from a postdoctoral specialty program accredited by the Board of Chiropractic Examiners.

Source: SL 1985, ch 298, § 3.

36-5-15.5 Unlicensed practice of chiropractic radiography as misdemeanor.
     36-5-15.5.   Unlicensed practice of chiropractic radiography as misdemeanor. Any person who shall practice or attempt to practice chiropractic radiography without first having secured a license from the Board of Chiropractic Examiners and an annual license renewal is guilty of a Class 1 misdemeanor.

Source: SL 1985, ch 298, § 4.

36-5-16 Grounds for refusal or revocation of license--Procedure.
     36-5-16.   Grounds for refusal or revocation of license--Procedure. The board may, in compliance with chapter 1-26, refuse to grant a license to any person otherwise qualified, and may revoke the license of any chiropractor who is not of good moral character; who solicits professional patronage by agents; who is guilty of unprofessional conduct, incompetency, habitual intoxication, the use of narcotics, fraud, or deception; who shall be convicted of a felony; or who practices contrary to the provisions of this chapter or the rules of the board. The board shall define by rule the foregoing grounds for revocation and refusal.

Source: SDC 1939, § 27.0509; SL 1939, ch 101, § 5; SDC Supp 1960, § 27.0505; SL 1975, ch 232, § 10; SL 2005, ch 199, § 14.

36-5-16.1 Suspension, reprimand, or probation in lieu of revocation--Hearing.
     36-5-16.1.   Suspension, reprimand, or probation in lieu of revocation--Hearing. The board may, in lieu of revocation, suspend a licensee, issue a formal reprimand, or place the licensee on probation under such terms and conditions as may be defined by the board after hearing.

Source: SDCL, § 36-5-16 as added by SL 1975, ch 232, § 10.

36-5-17 Appeal from Board of Examiners.
     36-5-17.   Appeal from Board of Examiners. An appeal from the decision of the Board of Chiropractic Examiners may be taken as provided by chapter 1-26.

Source: SDC 1939, § 27.0509; SL 1939, ch 101, § 5; SDC Supp 1960, § 27.0505; revised pursuant to SL 1972, ch 15, § 4.

36-5-18 South Dakota Chiropractors Association--Purpose.
     36-5-18.   South Dakota Chiropractors Association--Purpose. The South Dakota Chiropractors Association, composed of the licensed chiropractors in this state electing to participate, shall improve, promote, and further, by educational work, the qualifications of its members and the art, science, and practice of chiropractic.

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

36-5-19 Peer review committee--Immunity from liability--Conditions--Official immunity unaffected--...
     36-5-19.   Peer review committee--Immunity from liability--Conditions--Official immunity unaffected--Fee. The Board of Examiners may act as a peer review committee or may appoint other licensed chiropractors to perform such function. No monetary liability on the part of, and no cause of action for damages may arise against any member of a duly appointed peer review committee comprised of chiropractors licensed to practice in this state, for any act or proceeding undertaken or performed within the scope of the functions of such committee formed to maintain the professional standards of the Board of Examiners as provided in rules promulgated by the board pursuant to chapter 1-26, if the committee member acts without malice, has made a reasonable effort to obtain the facts of the matter on which the member acts, and acts in reasonable belief that the action taken is warranted by the facts as known by the member after a reasonable effort to obtain facts. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation. The contested case provisions of chapter 1-26 do not apply to activities of the peer review committee. All licensees shall, as a condition of licensure, fully cooperate with and promptly respond to inquiries and requests from the committee. The recommendations of the committee as to necessity for services of a licensee, and as to reasonableness of charges and procedures shall be reported to the person who requested the review and one member of the Board of Examiners as designated by the board. The board may, by rules promulgated pursuant to chapter 1-26, establish a fee not to exceed seven hundred fifty dollars to help defray the cost of the review. However, no patient of a licensee requesting a peer review is subject to this fee.

Source: SL 1976, ch 230; SL 1986, ch 304; SL 1994, ch 295; SL 2001, ch 200, § 1.

36-5-20 Disciplinary committee--Immunity from liability--Conditions--Official immunity unaffected....
     36-5-20.   Disciplinary committee--Immunity from liability--Conditions--Official immunity unaffected. The Board of Examiners may act as a disciplinary committee or may appoint other chiropractors licensed to practice in this state to perform such functions to maintain the professional standards of the board. No monetary liability on the part of, and no cause of action for damages may arise against any member of a duly appointed disciplinary committee for any act or proceeding undertaken or performed within the scope of the functions of the committee, if the committee member acts without malice, has made a reasonable effort to obtain the facts of the matter on which the member acts, and acts in a reasonable effort to obtain the facts. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation.
     The board may promulgate rules pursuant to chapter 1-26 governing the administration and enforcement of this section and the conduct of licensees, including:
             (1)      Purpose of disciplinary committee;
             (2)      Composition of the disciplinary committee;
             (3)      Qualifications of disciplinary committee;
             (4)      Procedure governing the conduct of investigations and hearings by the disciplinary committee.

Source: SL 2001, ch 200, § 2.

36-5-21 Ethics committee--Immunity from liability--Conditions--Official immunity unaffected--Promu...
     36-5-21.   Ethics committee--Immunity from liability--Conditions--Official immunity unaffected--Promulgation of rules. The Board of Examiners may act as an ethics committee or may appoint other chiropractors licensed to practice in this state to perform such functions to maintain the professional standards of the board. No monetary liability on the part of, and no cause of action for damages may arise against any member of a duly appointed ethics committee for any act or proceeding undertaken or performed within the scope of the functions of the committee if the committee member acts without malice, has made a reasonable effort to obtain the facts of the matter on which the member acts, and acts in the reasonable belief that the action taken is warranted by the facts as known by the member after a reasonable effort to obtain the facts. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation.
     The board may promulgate rules pursuant to chapter 1-26 governing the administration and enforcement of this section and the conduct of licensees, including:
             (1)      Purpose of ethics committee;
             (2)      Composition of the ethics committee;
             (3)      Qualifications of ethics committee;
             (4)      Procedure governing the conduct of investigations and hearings by the ethics committee;
             (5)      Adoption of declaratory rules on ethical issues.

Source: SL 2001, ch 200, § 3.

36-5-22 Criminal background investigation of applicants for licensure.
     36-5-22.   Criminal background investigation of applicants for licensure. Each applicant for licensure as a chiropractor, in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the Board of Chiropractic Examiners shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the board all information obtained as a result of the criminal background check. This information shall be obtained prior to permanent licensure of the applicant. The Board of Chiropractic Examiners may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the board. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation.

Source: SL 2007, ch 212, § 1.

36-5-23 Chiropractic assistant defined.
     36-5-23.   Chiropractic assistant defined. For the purposes of this chapter, the term, chiropractic assistant, means a properly qualified person who has completed an educational training program approved by the board, who assists in basic health care duties in the practice of chiropractic under the supervision of a doctor of chiropractic, and who performs delegated duties commensurate with the chiropractic assistant's education and training, but who does not evaluate, interpret, design, or modify established treatment programs of chiropractic care or violate any statute.

Source: SL 2008, ch 192, § 1.

36-5-24 Application for certification as chiropractic assistant.
     36-5-24.   Application for certification as chiropractic assistant. A chiropractic assistant seeking a certification of registration under this chapter shall complete and submit an application as prescribed by the Board of Chiropractic Examiners. The board may promulgate rules pursuant to chapter 1-26 to establish an annual registration fee, not to exceed one hundred dollars, from those persons registered as chiropractic assistants.

Source: SL 2008, ch 192, § 2.

36-5-25 Minimum educational and training requirements--Continuing education requirements.
     36-5-25.   Minimum educational and training requirements--Continuing education requirements. The Board of Chiropractic Examiners may promulgate rules pursuant to chapter 1-26 to establish minimum educational and training requirements and continuing education requirements to practice as a chiropractic assistant. The board may also require, or substitute, clinical experience in addition to, or in lieu of, educational and training requirements.

Source: SL 2008, ch 192, § 3.

36-5-26 Out-of-state applicants.
     36-5-26.   Out-of-state applicants. The Board of Chiropractic Examiners may register an applicant from outside the state whose education and training meet the qualifications established by the board.

Source: SL 2008, ch 192, § 4.

36-5-27 Additional requirements for certification.
     36-5-27.   Additional requirements for certification. The Board of Chiropractic Examiners may provide by rules promulgated pursuant to chapter 1-26, additional requirements for obtaining a chiropractic assistant certificate of registration.

Source: SL 2008, ch 192, § 5.

36-5-28 Revocation or suspension of registration.
     36-5-28.   Revocation or suspension of registration. The registration of a chiropractic assistant may be revoked or suspended upon violation of any section of this chapter or of any rule adopted by the Board of Chiropractic Examiners. All proceedings concerning the revocation or suspension of a registration shall conform to contested case procedure set forth in chapter 1-26.

Source: SL 2008, ch 192, § 6.

36-5-29 Unauthorized practice as chiropractic assistant--Misdemeanor.
     36-5-29.   Unauthorized practice as chiropractic assistant--Misdemeanor. Any person who practices or attempts to practice as a chiropractic assistant without first having secured a certificate of registration from the Board of Chiropractic Examiners and an annual renewal is guilty of a Class 1 misdemeanor.

Source: SL 2008, ch 192, § 7.

Title 36