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, chiropractic
radiographer, or chiropractic assistant 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, chiropractic radiographer, or chiropractic assistant
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,
chiropractic radiographer, or chiropractic assistant 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, chiropractic
radiographer, or chiropractic assistant 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, chiropractic radiographer, or
chiropractic assistant 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, chiropractic
radiographer, or chiropractic assistant complained against a reasonable
opportunity to state his or her position with respect to the allegations. The
hearing shall take the form of an informal conference between the committee and
the individual 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
licensee or certificant may enter a remedial stipulation satisfactory to both
parties. If a remedial stipulation is entered, the referral may not take place
if the terms of the remedial stipulation are 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.
