2001 Session Laws Chapter 200

ENTITLED, An Act to establish within the State Board of Chiropractic Examiners a disciplinary committee and an ethics committee and to authorize a fee for peer review.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

Section 1. That § 36-5-19 be amended to read as follows:

36-5-19. 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.

Section 2. That chapter 36-5 be amended by adding thereto a NEW SECTION to read as follows:

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:

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.