36-5-19. Peer review committee--Immunity from liability--Conditions--Official immunity unaffected--Fee.
The board may act as a peer review committee or may appoint other licensed chiropractors to perform such function. No monetary liability on the part of, and no cause of action for damages may arise against any member of a duly appointed peer review committee comprised of chiropractors licensed to practice in this state, for any act or proceeding undertaken or performed within the scope of the functions of such committee formed to maintain the professional standards of the board as provided in rules promulgated by the board pursuant to chapter 1-26, if the committee member acts without malice, has made a reasonable effort to obtain the facts of the matter on which the member acts, and acts in reasonable belief that the action taken is warranted by the facts as known by the member after a reasonable effort to obtain facts. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation. The contested case provisions of chapter 1-26 do not apply to activities of the peer review committee. All licensees shall, as a condition of licensure, fully cooperate with and promptly respond to inquiries and requests from the committee. The recommendations of the committee as to necessity for services of a licensee, and as to reasonableness of charges and procedures shall be reported to the person who requested the review and one member of the board as designated by the board. The board may, by rules promulgated pursuant to chapter 1-26, establish a fee not to exceed seven hundred fifty dollars to help defray the cost of the review. However, no patient of a licensee requesting a peer review is subject to this fee.
Source: SL 1976, ch 230; SL 1986, ch 304; SL 1994, ch 295; SL 2001, ch 200, §1; SL 2021, ch 173, § 27.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Section 36-5-1 - Scope of practice--Limitations--Inapplicability to physicians.
Section 36-5-1.1 - Definitions.
Section 36-5-2 - Advertising or practicing without license or annual license renewal--Misdemeanor.
Section 36-5-2.1 - Injunction for violation authorized.
Section 36-5-2.2 - Liability of violators for enforcement expenses.
Section 36-5-3 - Composition of board--Appointment and terms--Vacancies.
Section 36-5-4 - Officers of board--Rules and regulations--Examination of candidates.
Section 36-5-4.1 - Records and reports.
Section 36-5-8 - Educational requirements for license.
Section 36-5-11 - Application for license--Fee.
Section 36-5-12 - Scope of examinations.
Section 36-5-14 - Display of license.
Section 36-5-14.1 - Annual renewal of license--Fee.
Section 36-5-14.2 - Additional requirements for annual license.
Section 36-5-15 - Rules of practice governing chiropractors--Privileges.
Section 36-5-15.1 - Chiropractic physician preceptor program.
Section 36-5-15.5 - Unlicensed practice of chiropractic radiography as misdemeanor.
Section 36-5-16 - Grounds for refusal or revocation of license--Procedure.
Section 36-5-16.1 - Suspension, reprimand, or probation in lieu of revocation--Hearing.
Section 36-5-17 - Appeal from board.
Section 36-5-22 - Criminal background investigation of applicants for licensure.
Section 36-5-24 - Application for certification as chiropractic assistant.
Section 36-5-25 - Minimum educational and training requirements--Continuing education requirements.
Section 36-5-26 - Out-of-state applicants.
Section 36-5-27 - Additional requirements for certification.
Section 36-5-28 - Revocation or suspension of registration.
Section 36-5-29 - Unauthorized practice as chiropractic assistant--Misdemeanor.