South Dakota § 36-5-21 - Ethics committee--Immunity from liability--Conditions--Official immunity unaffected--Promulgation of rules.

§ 36-5-21. Ethics committee--Immunity from liability--Conditions--Official immunity unaffected--Promulgation of rules.

The board may act as an ethics committee or may appoint other chiropractors licensed to practice in this state to perform such functions to maintain the professional standards of the board. No monetary liability on the part of, and no cause of action for damages may arise against any member of a duly appointed ethics committee for any act or proceeding undertaken or performed within the scope of the functions of the committee 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 the reasonable belief that the action taken is warranted by the facts as known by the member after a reasonable effort to obtain the facts. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation.

The board may promulgate rules pursuant to chapter 1-26 governing the administration and enforcement of this section and the conduct of licensees, including:

(1)    The purpose of the ethics committee;

(2)    The composition of the ethics committee;

(3)    The qualifications of the ethics committee;

(4)    The procedure governing the conduct of investigations and hearings by the ethics committee; and

(5)    The adoption of declaratory rules on ethical issues.

Source: SL 2001, ch 200, § 3; SL 2021, ch 173, § 29.