If any interested person petitions the board or the disciplinary committee to determine whether a person licensed or certified by this board is incapacitated by reason of mental infirmity or illness or because of addiction to drugs or intoxicants, the board or the committee may take or direct action to determine whether the person is so incapacitated, including the examination of the person by such qualified medical experts as the board designates. If the board concludes that the person is incapacitated from continuing to practice chiropractic, chiropractic radiography, or chiropractic assistant, it shall enter an order either placing the person on inactive status or suspending the person on the ground of the disability for an indefinite period until further order of the board. Any pending disciplinary proceeding against the person must be held in abeyance. The board shall provide notice to the respondent of proceedings in the matter in accordance with SDCL chapter 1-26 and may appoint an attorney to represent the respondent if the person is without representation.

Source: 5 SDR 8, effective August 14, 1978; 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 28 SDR 88, effective December 23, 2001; 47 SDR 41, effective October 12, 2020.

General Authority: SDCL 36-5-4 , 36-5-20(4).

Law Implemented: SDCL 36-5-4 , 36-5-16 , 36-5-16.1 , 36-5-20(4).

Prior versions effective: 2001-12-23.