S.D. Admin. R. 20:86:02:15

Current through Register Vol. 50, page 162, June 24, 2024
Section 20:86:02:15 - Respondent's claim of illness or infirmity

If, during the course of a disciplinary proceeding, the respondent contends that the respondent is suffering from a disability by reason of mental or physical infirmity or illness or addiction to drugs or intoxicants that makes it impossible for the respondent to present an adequate defense, the board shall enter an order immediately suspending the respondent from continuing to practice professional midwifery until a determination is made of the respondent's capacity to continue to practice in a proceeding instituted as provided in § 20:86:02:13. If the board determines that the respondent is not incapacitated from practicing, it shall take any action the board considers advisable, including a direction for the resumption of the disciplinary proceeding against the respondent.

S.D. Admin. R. 20:86:02:15

48 SDR 060, effective 12/5/2021

General Authority: SDCL 36-9C-32(1).

Law Implemented: SDCL 36-9C-5, 36-9C-23, 36-9C-24.