21.175.13 96th Legislative Session 400
Introduced by: The Committee on Health and Human Services at the request of the Board of Chiropractic Examiners
An Act to revise certain provisions regarding the practice of chiropractic.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added:
36-5-1.1. Definitions.
Terms used in this chapter mean:
(1) "Board," the South Dakota Board of Chiropractic Examiners;
(2) "Chiropractic assistant," 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 do not evaluate, interpret, design, or modify established treatment programs of chiropractic care or violate any statute;
(3) "Chiropractic radiography," the application of X-radiation within the scope of practice of chiropractic for diagnostic purposes only; and
(4) "Chiropractic specialist," a chiropractor who has graduated from a postdoctoral specialty program accredited by the board.
Section 2. That § 36-5-2 be AMENDED.
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 board
or an annual
license renewal from the Board
of Chiropractic Examiners board
is guilty of a
Class 1 misdemeanor.
Section 3. That § 36-5-2.1 be AMENDED.
36-5-2.1. Injunction for violation authorized.
The Board
of Chiropractic Examiners is empowered to board
may commence
actions
an
action for
injunctions
an
injunction for
violations
a
violation of
this chapter or regulations promulgated hereunder.
Section 4. That § 36-5-2.2 be AMENDED.
36-5-2.2. Liability of violators for enforcement expenses.
Any
individual
person
violating the
provisions a
provision of
this chapter or regulations promulgated hereunder may also be
required by the court to pay all expenses, including legal fees,
incurred by the Board
of Chiropractic Examiners board
in enforcing
this chapter and the regulations promulgated hereunder.
Section 5. That § 36-5-3 be AMENDED.
36-5-3. Composition of board--Appointment and terms--Vacancies.
The Board
of Chiropractic Examiners shall be Governor
shall appoint all members of the board. The board shall be composed
of one lay person,
who is not licensed by the board but uses the services licensed,
and four members who are chiropractors,
and appointed by the Governor for terms of three calendar years
in active practice in the state.
The term of a member begins on January first, unless otherwise
designated by the Governor. The term of a member expires on December
thirty-first in the third year of the member's appointment.
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.
Section 6. That § 36-5-3.1 be REPEALED.
36-5-3.1. Lay member of board--Appointment and term of office.
Section 7. That § 36-5-4 be AMENDED.
36-5-4. Officers of board--Rules and regulations--Examination of candidates.
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 elect
annually from its members a president, vice president, and secretary.
No member may serve as president more than three consecutive one-year
terms. The board may promulgate rules
and regulations in compliance with,
pursuant to
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
examine
candidates for license and
the transaction of such
transact any
business
as may properly come
that comes
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.
Section 8. That § 36-5-4.1 be AMENDED.
36-5-4.1. 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
any records,
information, and reports in the form and at
such
the times as
required by the
secretary of health
Department of Health,
except that the board shall report at least annually.
Section 9. That § 36-5-5 be REPEALED.
36-5-5. Compensation and expenses of board members.
Section 10. That § 36-5-6 be AMENDED.
36-5-6. Acceptance of funds by the board--Separate fund--Payments from fund--Expense limited by revenue.
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
The board shall deposit all funds it receives or collects under the
provisions of this chapter in the bank that is authorized by the
board. The board may expend funds for administrative, consultative,
and other necessary services for the board in an amount set by the
board. The funds may be withdrawn by the executive director as
authorized by the board. All compensation and other expenses of the
board must be paid from the funds received under the provisions of
this chapter. No expenses may be incurred by the board in excess of
the board's revenue.
Section 11. That § 36-5-8 be AMENDED.
36-5-8. Educational requirements for license.
Any person is eligible for
examination
licensure
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. The 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
board. The
minimum requirements for licensure of any person graduating on or
after January 1, 2011 shall
be is
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.
Section 12. That § 36-5-9 be REPEALED.
36-5-9. Certifications of satisfactory course completion to be filed.
Section 13. That § 36-5-10 be REPEALED.
36-5-10. Application for examination.
Section 14. That § 36-5-11 be AMENDED.
36-5-11. Application for license--Fee.
Any
applicant for a license pursuant to this chapter shall apply on a
form prescribed by the board and pay the fee for the license required
pursuant to this chapter. 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
applicant
shall
be paid to the secretary-treasurer of the board when the application
is submitted
also satisfy all other qualifications required pursuant to this
chapter.
Section 15. That § 36-5-12 be AMENDED.
36-5-12. Scope of examinations.
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.
An applicant shall pass all parts of the National Board of
Chiropractic Examiners exams that are available at the time of
graduation.
Section 16. That § 36-5-13 be AMENDED.
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
pursuant to § 36-5-11.
Section 17. That § 36-5-14 be AMENDED.
36-5-14. Display of license.
The
A
practitioner shall conspicuously display the practitioner's 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.
Section 18. That § 36-5-14.1 be AMENDED.
36-5-14.1. Annual renewal of license--Fee.
Each
person receiving a license under the provisions of Any
license issued pursuant to this
chapter shall procure
from the secretary-treasurer of the board be
renewed annually 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
board
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
executive secretary of the board.
Section 19. That § 36-5-14.2 be AMENDED.
36-5-14.2. Additional requirements for annual license.
The Board
of Chiropractic Examiners board
may provide, by
rule, promulgated
pursuant to chapter 1-26,
additional
requirements for the obtaining of an annual license.
Section 20. That § 36-5-15.1 be AMENDED.
36-5-15.1. Chiropractic physician preceptor program.
The Board
of Chiropractic Examiners board
may establish a
chiropractor
student chiropractic
physician preceptor associate
program. The board may promulgate rules pursuant to chapter 1-26
to implement this section.
Section 21. That § 36-5-15.2 be AMENDED.
36-5-15.2. Regulation and licensing of practice of chiropractic and chiropractic radiography--Enforcement--Hearing officers.
The Board
of Chiropractic Examiners board
shall:
(1) Establish, by rule promulgated pursuant to chapter 1-26, standards for, and to promote, the safe and qualified practice of chiropractic;
(2) Be responsible for all disciplinary proceedings under this chapter;
(3) Establish, by rule
promulgated pursuant to chapter 1-26,
educational, training, and competency standards governing the
examination and practice of practitioners under this chapter.
The board may, by rule,
and
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; and
(6) Establish, by rule,
and collect
promulgated
pursuant to chapter 1-26,
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.
Section 22. That § 36-5-15.3 be AMENDED.
36-5-15.3. Education and experience requirement rules for practice of chiropractic radiography.
The Board
of Chiropractic Examiners board
may, by rule
promulgated pursuant to chapter 1-26,
establish minimum educational and training requirements and
continuing education requirements to practice chiropractic
radiography. The board may also require, or substitute, clinical
experience in addition to, or in lieu of, educational and training
requirements.
Section 23. That § 36-5-15.4 be REPEALED.
36-5-15.4. Definitions.
Section 24. That § 36-5-15.5 be AMENDED.
36-5-15.5. Unlicensed practice of chiropractic radiography as misdemeanor.
Any person who
shall practice
practices or
attempt
attempts to
practice chiropractic radiography without first having secured a
license from the Board
of Chiropractic Examiners board
and an annual
license renewal is guilty of a Class 1 misdemeanor.
Section 25. That § 36-5-17 be AMENDED.
36-5-17. Appeal from board.
An appeal from the decision of
the Board
of Chiropractic Examiners board
may be taken as
provided by chapter 1-26.
Section 26. That § 36-5-18 be REPEALED.
36-5-18. South Dakota Chiropractors Association--Purpose.
Section 27. That § 36-5-19 be AMENDED.
36-5-19. Peer review committee--Immunity from liability--Conditions--Official immunity unaffected--Fee.
The Board
of Examiners board
may act as a
peer review committee or may appoint other licensed chiropractors to
perform such function. No monetary liability on the part of, and no
cause of action for damages may arise against any member of a duly
appointed peer review committee comprised of 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 board
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 board
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.
Section 28. That § 36-5-20 be AMENDED.
36-5-20. Disciplinary committee--Immunity from liability--Conditions--Official immunity unaffected.
The Board
of Examiners board
may act as a
disciplinary committee or may appoint other chiropractors licensed to
practice in this state to perform such functions to maintain the
professional standards of the board. No monetary liability on the
part of, 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
The
purpose of the
disciplinary
committee;
(2) Composition
The
composition of
the disciplinary committee;
(3) Qualifications
The
qualifications of
disciplinary committee;
and
(4) Procedure
The
procedure governing
the conduct of investigations and hearings by the disciplinary
committee.
Section 29. That § 36-5-21 be AMENDED.
36-5-21. Ethics committee--Immunity from liability--Conditions--Official immunity unaffected--Promulgation of rules.
The Board
of Examiners board
may act as an
ethics committee or may appoint other chiropractors licensed to
practice in this state to perform such functions to maintain the
professional standards of the board. No monetary liability on the
part of, and no cause of action for damages may arise against 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
The
purpose of the
ethics
committee;
(2) Composition
The
composition of
the ethics committee;
(3) Qualifications
The
qualifications of
the
ethics
committee;
(4) Procedure
The
procedure governing
the conduct of investigations and hearings by the ethics committee;
and
(5) Adoption
The
adoption of
declaratory rules on ethical issues.
Section 30. That § 36-5-22 be AMENDED.
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 board
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 board
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.
Section 31. That § 36-5-23 be REPEALED.
36-5-23. Chiropractic assistant defined.
Section 32. That § 36-5-24 be AMENDED.
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
board. 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.
Section 33. That § 36-5-25 be AMENDED.
36-5-25. Minimum educational and training requirements--Continuing education requirements.
The Board
of Chiropractic Examiners board
may promulgate
rules pursuant to chapter 1-26
to establish minimum educational and training requirements and
continuing education requirements to practice as a chiropractic
assistant. The board may also require, or substitute, clinical
experience in addition to, or in lieu of, educational and training
requirements.
Section 34. That § 36-5-26 be AMENDED.
36-5-26. Out-of-state applicants.
The Board
of Chiropractic Examiners board
may register an
applicant from outside the state whose education and training meet
the qualifications established by the board.
Section 35. That § 36-5-27 be AMENDED.
36-5-27. Additional requirements for certification.
The Board
of Chiropractic Examiners board
may provide by
rules promulgated pursuant to chapter 1-26,
additional requirements for obtaining a chiropractic assistant
certificate of registration.
Section 36. That § 36-5-28 be AMENDED.
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
board. All
proceedings concerning the revocation or suspension of a registration
shall conform to contested case procedure set forth in chapter 1-26.
Section 37. That § 36-5-29 be AMENDED.
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 board
and an annual
renewal is guilty of a Class 1 misdemeanor.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
Overstrikes
indicate deleted language.