S.D. Admin. R. 20:41:10:06.04 - Respondent's claim of illness or infirmity

If, during the course of a disciplinary proceeding, the respondent contends suffering from a disability by reason of mental or physical infirmity or illness or addiction to drugs or intoxicants, which makes it impossible for the respondent to present an adequate defense, the board shall enter an order immediately suspending the respondent from continuing to practice chiropractic, chiropractic radiography, or chiropractic assistant until a determination is made of the respondent's capacity to continue to practice in a proceeding instituted in accordance with the provisions of ยง 20:41:10:06.02. If the board determines that the respondent is not incapacitated from practicing, it shall take such action as it deems advisable, including a direction for the resumption of the disciplinary proceeding against the respondent.

Notes

S.D. Admin. R. 20:41:10:06.04
5 SDR 8, effective 8/14/1978; 12 SDR 117, effective 1/19/1986; 12 SDR 151, 12 SDR 155, effective 7/1/1986; 47 SDR 040, effective 10/12/2020

General Authority: SDCL 36-5-4.

Law Implemented: SDCL 36-5-4, 36-5-16, 36-5-16.1.

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