Complaint Investigations

Mission Statement: The board shall promptly investigate all complaints filed in writing with the board and violations which come to the attention of one or more board members.

Complaints concerning any licensed chiropractor or any area involving chiropractic services should be addressed in writing to the investigating member of the Board of Chiropractic Examiners.

Complaint Procedure

ARSD 20:41:10:05.03.  Disciplinary procedures. 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 shall be given to the board secretary. The secretary shall forward a copy of the complaint to each member and assign two members of the board to investigate and prepare a report to be presented to the full board;

  2. The secretary of the board shall acknowledge receipt of the complaint and notify the complainant of the names and addresses of the board members to whom the complaint is assigned;

  3. The secretary of the board shall notify the chiropractic physician that a complaint has been received and request a response within 15 days to be mailed to the assigned investigating members. The notice shall include the basis for the complaint, including the name of the complaining party, and the names of the two members assigned to investigate the complaint. A copy of these rules of procedure shall accompany the notice. It shall be the duty of the chiropractic physician to promptly and appropriately respond to any request of the board or any board member;

  4. The investigating board members shall notify the complainant that the chiropractic physician 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 investigating board members shall prepare a report to present to the full board 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 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 board, the board, excluding the two assigned investigating members, 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 board deems appropriate;

  7. If the board dismisses the complaint, the secretary of the board shall give notice to the complainant and the chiropractic physician that the complaint has been reviewed with the determination that no board action is warranted;

  8. If the board finds the complaint to have merit, the board shall afford the chiropractic physician complained against a reasonable opportunity to state the chiropractic physician's position with respect to the allegations against the physician. The hearing shall take the form of an informal conference between the board and the chiropractic physician complained against; and

  9. After an informal inquiry, the board may dismiss or, if the complaint has merit, refer to the full board for a formal hearing.

ARSD 20:41:10:05.04.  Procedures referred for formal hearing. A formal hearing may be conducted before the board pursuant to SDCL chapter 1-26, in the following manner, to-wit:

  1. Notice to the chiropractic physician complained against shall be given by a member of the board in writing, by certified mail with return receipt requested. The notice shall state the time, place, and date of the hearing at which the complaint will be considered. The notice shall further contain a statement requiring the attendance of the chiropractic physician and shall be given at least 15 days prior to the date of the hearing;

  2. A transcript shall be kept by a court reporter;

  3. The chairman of the board shall conduct the hearing with at least a quorum of the board present:

  4. Procedurally, after advising the accused chiropractic physician of the physician's right to be heard, to offer witnesses on the physician's behalf, to be represented by counsel and to have a record kept, the hearing shall be conducted as follows:

    a. Take testimony from the complainant or physician's witnesses, with cross-examination by the accused chiropractic physician or physician's counsel;

    b. Accused chiropractic physician, after being duly sworn, or physician's counsel shall be permitted to make a statement;

    c. Accused chiropractic physician shall be questioned by the board;

    d. Any witnesses on behalf of the accused chiropractic physician shall testify after being sworn. Each witnesses shall be questioned first by the accused chiropractic physician or the physician's counsel and thereafter by the board;

    e. Additional questions, if any, from the board;

    f. Closing statement by accused chiropractic physician or the physician's counsel with time limit set by the board chairman:

    g. The board's discussion off the record and out of hearing of the accused chiropractic physician;

    h. The board shall render its determination and impose any sanctions, in accordance with SDCL 1-26-25 and the provisions of chapter 20:41:10, as determined appropriate by the board; and

    i. The accused chiropractic physician or physician's counsel shall have 20 days to object to the board determinations or sanctions. Written objections shall be filed with the secretary of the board. The secretary shall forward a copy of the objections to each board member for the member's consideration. Within a reasonable time, the board shall enter its decision regarding the objections and notify the accused chiropractic physician of any revisions or changes in the determination or sanctions.

  5. Settlement or compromise of the matter may be discussed at any stage of the proceedings; and
  6. Judicial review of the board's action is available pursuant to SDCL 1-26-30.

ARSD 20:41:10:05.05.  Sanctions. The board may impose any of the following sanctions or a combination thereof:

  1. Private reprimand;
  2. Public reprimand;
  3. Probation of license to practice chiropractic in the state of South Dakota;
  4. Suspension of license to practice chiropractic in the state of South Dakota;
  5. Revocation of license to practice chiropractic in the state of South Dakota; or
  6. A monetary fine.
Investigating Member of the Board

SDBCE
ATTN: Dr. Mark Bledsoe
407 Belmont Ave.
Yankton, SD  57078
Telephone:   605-668-9017
FAX:   605-668-9017