An Act to delineate activities not constituting the corporate practice of chiropractic.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added:
36-5-14.4. Corporate practice of chiropractic--Activities not included.
Except as otherwise provided in chapters 47-11A and 47-11F, a corporation may not practice chiropractic.
A corporation is not engaged in the practice of chiropractic and is not in violation of 36-5-2 if the corporation enters into an employment contract with a chiropractor licensed in accordance with this chapter provided the contract does not:
(1) Directly or indirectly, supplant, diminish, or regulate the chiropractor's independent judgment concerning the practice of chiropractic or the diagnosis and treatment of a patient;
(2) Result in profit to the corporation from the practice of chiropractic, such as by the corporation charging a greater fee for a chiropractor's services than that which the chiropractor would otherwise reasonably charge as an independent practitioner, but not including additional charges reasonably associated with the services rendered such as facility, equipment, or administrative charges; or
(3) Have an initial term of more than three years, nor renewable terms thereafter that are greater than one year.
Section 2. That 47-11A-15 be AMENDED:
47-11A-15. Corporate practice of chiropractic restricted--Application of canons of ethics.
Except as provided in this
chapter, corporations
shall
a corporation may
not engage in the practice of chiropractic. Professional
service corporations
A
professional service corporation
organized and operated in accordance with the
provisions of this
chapter shall
is
not be
deemed to
be a lay
agencies
agency
within the
meaning of the canons of professional ethics.