S.D. Admin. R. 20:41:10:05.02 - Actions which may warrant sanctions

The board may impose sanctions against a chiropractor, chiropractic assistant, or chiropractic radiographer based upon any of the following:

(1) Engaging in conduct outside the scope of practice including any conduct or practice contrary to recognized standard of ethics of the chiropractic profession or any conduct or practice which does or might constitute a danger to the health or safety of a patient or the public or any conduct, practice, or condition which does or might impair a license or certificate holder's ability to safely and skillfully practice;

(2) Failure to continue professional education or failure to participate in the required continuing education courses as provided under the provisions of chapter 20:41:08; 20:41:13:12; 20:41:15:09:

(3) Failure to maintain current knowledge of statutes, rules, and regulations regarding the practice of chiropractic;

(4) Failure to cooperate with and respond in writing within 15 days after personal receipt of any board or board authorized committee inquiry or investigation;

(5) Failure to maintain proper patient records on each patient. Patient records must be clear and legible and include:

(a) A description of the patient's complaint;

(b) A history;

(c) A record of diagnostic and therapeutic procedures; and

(d) A record of daily documentation which must include subjective data, objective data, assessment, and plan for the patient's care;

(6) Failure to properly train and supervise staff engaged in patient care, including permitting staff to perform patient treatment outside the doctor's presence;

(7) Conviction of a felony or misdemeanor involving moral turpitude. A copy of the record of conviction certified to by the clerk of the court entering the conviction is conclusive evidence of the conviction;

(8) Fraud, misrepresentation, or deception include the following:

(a) Practicing or attempting to practice chiropractic under a false or assumed name;

(b) Aiding, assisting, or advising another in the unlicensed practice of chiropractic;

(c) Fraud or deceit in obtaining a license to practice chiropractic;

(d) Making false or misleading statements or withholding relevant information regarding the qualifications of any individual in order to attempt to obtain a license or engage in the practice of chiropractic;

(e) Failing to report past, present, or pending disciplinary action by another licensing board or current status of final administrative disposition of a matter. A licensee is required to report any compromise or settlement of disciplinary action, whether voluntary or involuntary, which results in encumbrance of licensure;

(f) Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so; or

(g) Submitting to any insurer or third-party pay or a claim for a service or treatment which was not actually provided to a patient;

(9) Habitual intemperance in the use of intoxicants or controlled substances to such an extent as to incapacitate the person from the performance of professional duties;

(10) Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party;

(11) Improperly interfering with an investigation or inspection authorized by statute or under the provisions of article 20:41 or with any disciplinary proceeding;

(12) Repeated violations of this chapter;

(13) Receiving three or more negative peer reviews within any twelve-month period; or

(14) Any violation of chapter 20:41:09.

Notes

S.D. Admin. R. 20:41:10:05.02

25 SDR 80, effective 12/6/1998; 28 SDR 88, effective 12/23/2001; 32 SDR 32, effective 8/31/2005; 35 SDR 47, effective 9/8/2008; 47 SDR 040, effective 10/12/2020

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).