S.D. Codified Laws § 36-12-10 — SD Code / Title 36 / Chapter 12 / Section 36-12-10
Records kept by secretary of board
Status: in_force

The secretary of the Board of Veterinary Medical Examiners shall keep a permanent record of all parties licensed to practice veterinary medicine in the State of South Dakota, the names of applicants for licensure, the minutes of all meetings held by the board, and a current list of those to whom the annual registration certificates have been issued.

Source: SL 1961, ch 201, § 5.
S.D. Codified Laws § 36-21A-79 — SD Code / Title 36 / Chapter 21A / Section 36-21A-79
Broker's responsibility for activities of affiliated licensees
Status: in_force

A responsible broker is responsible for the real estate activities conducted by affiliated licensees, whether as employees or independent contractors.

Source: SL 1992, ch 273, § 79; SL 2013, ch 177, § 29.
S.D. Codified Laws § 36-21A-76 — SD Code / Title 36 / Chapter 21A / Section 36-21A-76
Cobrokerage transaction--Money held in broker's trust account
Status: in_force

Any earnest money paid in a cooperative or cobrokerage transaction shall be held in a broker's trust account unless otherwise agreed to by the buyer and seller.

Source: SL 1992, ch 273, § 76; SL 2012, ch 195, § 1.
S.D. Codified Laws § 36-8-16 — SD Code / Title 36 / Chapter 8 / Section 36-8-16
Grounds for suspension or revocation of certificate
Status: in_force

Every license heretofore or hereafter issued to any person to practice podiatry in this state shall be subject to suspension or revocation by the Board of Podiatry Examiners in the manner and form set forth in §§ 36-8-18 and 36-8-19 upon any of the following grounds: fraud or deception in procuring a license, publication or use of untruthful or improbable statements with the view of deceiving or defrauding the public or any patient, conviction of any offense involving moral turpitude, habitual intemperance, immoral, unethical, unprofessional, or dishonorable conduct.

Source: SDC 1939, § 27.0808; SL 1959, ch 131, § 9.
S.D. Codified Laws § 36-4A-37 — SD Code / Title 36 / Chapter 4A / Section 36-4A-37
Disciplinary action--Grounds
Status: in_force

The board may deny the issuance or renewal of a physician assistant license, or suspend or revoke a license, or impose other disciplinary action on a licensee, upon satisfactory proof, in compliance with chapter 1-26 , of the applicant's or licensee's:

(1) Professional incompetence or unprofessional or dishonorable conduct, as defined in §§ 36-4-29 and 36-4-30 ;

(2) Violation of this chapter;

(3) Failure to:

(a) Maintain a collaborative agreement, as required by this chapter; or

(b) Provide the agreement to the board, upon request; or

(4) Rendering of medical services beyond those permitted by this chapter.

Source: SL 1973, ch 250, § 24; SL 1982, ch 273, § 7; SL 1999, ch 192, § 6; SL 2005, ch 199, § 6; SL 2007, ch 207, § 25; SL 2025, ch 149, § 17.
S.D. Codified Laws § 36-26-37 — SD Code / Title 36 / Chapter 26 / Section 36-26-37
Reinstatement or reissue of license after cancellation, suspension or revocation--Automatic reinstatement after suspension
Status: in_force

Upon written application establishing compliance with existing licensing requirements and for reasons the board deems sufficient, the board, for good cause shown, by majority vote, may, under such conditions as it may impose, reinstate or reissue a license to any person whose license has been canceled, suspended or revoked; provided, however, that upon suspension of a license, the board in such order may provide for automatic reinstatement thereof after a fixed period of time as provided in the order.

Source: SL 1975, ch 22, § 35.
S.D. Codified Laws § 36-4-30 — SD Code / Title 36 / Chapter 4 / Section 36-4-30
Acts considered unprofessional conduct--Criminal prosecution
Status: in_force

The term, unprofessional or dishonorable conduct, as used in this chapter includes:

(1) Producing or aiding or abetting a criminal abortion;

(2) Employing what is known as cappers or steerers;

(3) Obtaining any fee on the assurance that a manifestly incurable disease can be permanently cured;

(4) Willfully betraying a professional confidence;

(5) All advertising of medical business in which untruthful or improbable statements are made or which are calculated to mislead or deceive the public;

(6) Conviction of any criminal offense of the grade of felony, any conviction of a criminal offense arising out of the practice of medicine or osteopathy, or one in connection with any criminal offense involving moral turpitude;

(7) Habits of intemperance or drug addiction, calculated in the opinion of the Board of Medical and Osteopathic Examiners to affect the licensee's practice of the profession;

(8) Refusal or neglect to report the existence of a diseased or unsanitary condition to the proper health authorities, as prescribed by the regulations of the board;

(9) Prescribing intoxicants, narcotics, barbiturates, or other habit - forming drugs to any person in quantities and under circumstances making it apparent to the board that the prescription was not made for legitimate medicinal purposes or prescribing in a manner or in amounts calculated in the opinion of the board to endanger the well - being of an individual patient or the public in general;

(10) Splitting fees or giving to any person furnishing a patient any portion of the fees received from the patient or paying or giving to any person consideration of any kind for furnishing a patient;

(11) Failure to disclose one's school of practice or one's professional academic degree when using a professional title or designation;

(12) Sustaining any physical or mental disability which renders the further practice of a licensee's profession dangerous;

(13) Failure to comply with state or federal laws on keeping records regarding possessing and dispensing of narcotics, barbiturates, and habit - forming drugs;

(14) Falsifying the medical records of a patient or any official record regarding possession and dispensing of narcotics, barbiturates, and habit - forming drugs or regarding any phase of medical treatment of a patient;

(15) Presenting to the board any license, certificate, or diploma which was obtained by fraud or deception practiced in passing a required examination or which was obtained by the giving of false statements or information on applying for the license;

(16) Illegally, fraudulently, or wrongfully obtaining a license required by this chapter by the use of any means, devices, deceptions, or helps in passing any examination or by making false statements or misrepresentations in any applications or information presented;

(17) Conviction of violating § 34-23A-10.1 ;

(18) Performing medical services which have been declared, by declaratory ruling of the board, to be of no medical value;

(19) The exercise of influence within the physician - patient relationship for the purposes of engaging a patient in sexual activity. For the purposes of this subdivision, the patient is presumed incapable of giving free, full, and informed consent to sexual activity with the physician;

(20) Engaging in gross or immoral sexual harassment or sexual contact;

(21) Consistently providing or prescribing medical services or treatments which are inappropriate or unnecessary;

(22) Any practice or conduct which tends to constitute a danger to the health, welfare, or safety of the public or patients or engaging in conduct which is unbecoming a person licensed to practice medicine;

(23) Failure to fulfill a valid obligation to a federal or state student loan or scholarship program for medical school education designed to provide medical services to underserved geographical areas; and

(24) Discipline by another state, territorial, or provincial licensing board or the licensing board of the District of Columbia.

No person may be criminally prosecuted for conduct described in this section unless such conduct is otherwise unlawful.

Source: SDC 1939, § 27.0307; SL 1949, ch 106, § 10; SL 1957, ch 116; SDC Supp 1960, § 27.0311; SL 1969, ch 105, § 4; SL 1980, ch 245, § 3; SL 1985, ch 297, § 20; SL 1989, ch 320; SL 1992, ch 264, § 1; SL 1995, ch 211.
S.D. Codified Laws § 36-16-33 — SD Code / Title 36 / Chapter 16 / Section 36-16-33
Grounds for refusal to issue license, revocation, or suspension
Status: in_force

The State Electrical Commission may, in accordance with chapter 1-26 , refuse to issue, revoke, or suspend a license, or limit the scope of practice of any licensee for:

(1) Failure to comply with any law, or any rule or order of the commission;

(2) Failure to comply with the National Electric Code as adopted by rule of the commission or local ordinance;

(3) Failure to notify the commission in writing within thirty days following any denial, revocation, or suspension of a certificate, license, or permit issued by any other jurisdiction, or any change of address or employment;

(4) Knowingly aiding and abetting any person who is not licensed or permitted in accordance with this chapter to engage in activity that requires a license under § 36-16-13 or permit under this chapter; or

(5) Conviction of or plea of guilty or nolo contendere to a crime of violence as defined under § 22-1-2 . For purposes of this subdivision, a certified copy of the record of conviction or plea of guilty or nolo contendere is conclusive evidence.

Source: SL 1963, ch 216, § 13; SL 1972, ch 15, § 4; SL 2019, ch 169, § 2.
S.D. Codified Laws § 36-31-16 — SD Code / Title 36 / Chapter 31 / Section 36-31-16
Majority of board members to be present at license cancellation, revocation, suspension, or reissuance proceedings--When majority vote required
Status: in_force

Any proceeding relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license which has been canceled, revoked, or suspended shall only be held when a majority of the members of the board are present at the hearings. The decision of the board to suspend, revoke, or cancel a license requires a majority vote of all the board members.

Source: SL 1986, ch 323, § 16.
S.D. Codified Laws § 36-1C-10 — SD Code / Title 36 / Chapter 1C / Section 36-1C-10
Appearance required of applicant or licensee
Status: in_force

The applicant or licensee appearing before the agency at a formal hearing shall appear in person unless otherwise waived by the agency. If an applicant or licensee fails to appear, the hearing may proceed without the applicant or licensee.

Source: SL 2021, ch 168, § 10.
S.D. Codified Laws § 36-27A-32 — SD Code / Title 36 / Chapter 27A / Section 36-27A-32
Reinstatement of license--Procedure
Status: in_force

Upon written application establishing compliance with existing licensing requirements and for reasons the Board of Examiners of Psychologists deems sufficient, the board for good cause shown, by majority vote, may, under the conditions it may impose, reinstate, or reissue a license to any person whose license has been suspended or revoked.

Source: SL 1976, ch 235, § 41; SDCL Supp, § 36-27-42; SL 1981, ch 281, § 33.
S.D. Codified Laws § 36-27A-31 — SD Code / Title 36 / Chapter 27A / Section 36-27A-31
Appeals from board action
Status: in_force

Any person aggrieved by an act, ruling, or decision of the Board of Examiners of Psychologists may appeal pursuant to chapter 1-26 .

Source: SL 1976, ch 235, § 40; SDCL Supp, § 36-27-44; SL 1981, ch 281, § 32.
S.D. Codified Laws § 36-9-66 — SD Code / Title 36 / Chapter 9 / Section 36-9-66
Notice to institution of failure to maintain educational standards
Status: in_force

If the Board of Nursing determines that any approved program is not maintaining the curricula or standards required by the statutes and by the board, notice thereof shall be immediately given by the board to the institution conducting the program.

Source: SL 1955, ch 91, § 8; SDC Supp 1960, § 27.0908 (2); SL 1967, ch 101, § 8 (2); SL 1979, ch 255, § 63.
S.D. Codified Laws § 36-37-4 — SD Code / Title 36 / Chapter 37 / Section 36-37-4
Persons holding speech-language pathologist certificate from Department of Education before July 1, 2012
Status: in_force

Any person who possessed a speech-language pathologist certificate from the South Dakota Department of Education as of July 1, 2012, and does not otherwise meet the qualifications set forth in this chapter, may apply to the board for a limited license to practice as a speech-language pathologist. The board shall renew a limited license if:

(1) The person's initial application for a limited license was submitted no later than July 1, 2014; and

(2) The person:

(a) Submits an application for renewal on a form prescribed by the board;

(b) Pays the application fee established by the board, in accordance with § 37-36-12; and

(c) Has not committed an act for which disciplinary action is justified.

The board shall promulgate rules, pursuant to chapter 1-26 , to prescribe the limits of the license authorized by this section.

Source: SL 2012, ch 196, § 4; SL 2023, ch 141, § 3.
S.D. Codified Laws § 36-6A-22.2 — SD Code / Title 36 / Chapter 6A / Section 36-6A-22.2
Discovery--Evidence in contested case--Personal injury or wrongful death actions
Status: in_force

Testimony or documentary evidence of any kind obtained during the investigation of a complaint is not subject to discovery or disclosure under chapter 15-6 or any other provision of law, and is not admissible as evidence in any legal proceeding, until such time as the complaint becomes a contested case as defined in subdivision 1-26-1(2). No person that has participated in the investigation of a complaint may testify as an expert witness or be compelled to testify for any party in any action for personal injury or wrongful death if the subject matter of the complaint investigated is a basis for the action for personal injury or wrongful death.

Source: SL 2015, ch 199, § 21.
S.D. Codified Laws § 36-24-33 — SD Code / Title 36 / Chapter 24 / Section 36-24-33
Receipt for sale of hearing aid--Contents--Refund--Violation as misdemeanor
Status: in_force

A licensee must provide, to each person sold a hearing aid, a receipt that contains the:

(1) Seller's signature;

(2) Business address of the seller;

(3) Specifications of the hearing aid furnished, including whether it is new, used, or rebuilt;

(4) Serial number of the aid;

(5) Date of sale;

(6) Total purchase price charged for the aid, less any allowance for a trade-in; and

(7) Net amount paid by the purchaser.

A copy of the original sales order constitutes a valid receipt and a legal bill of sale, and the purchaser's signature constitutes full acknowledgment of the terms of the sale. Any purchaser of a hearing aid is entitled to a refund of the full purchase price advanced by the purchaser for the hearing aid, less a maximum of ten percent, upon the return of the hearing aid by the purchaser to the licensee within thirty days from the date of delivery unless set by contract for more than thirty days. Any refund must be paid within thirty days of the return date. A violation of this section is a Class 2 misdemeanor.

Source: SL 1968, ch 118, § 4; SL 1997, ch 221, § 43; SL 2013, ch 181, § 1; SL 2024, ch 159, § 22.
S.D. Codified Laws § 36-21A-71 — SD Code / Title 36 / Chapter 21A / Section 36-21A-71
Acts constituting unprofessional conduct
Status: in_force

Unprofessional conduct includes the following:

(1) Violating any provisions of this chapter or any rule promulgated by the commission;

(2) Making a material false statement in the licensee's application for a license or in any information furnished to the commission;

(3) Making any substantial and willful misrepresentation with reference to a transaction which is injurious to any party;

(4) Making any false promise or advertisement of a character such as to influence, persuade or induce a party to a transaction to the party's injury or damage;

(5) Failure to account for or to remit, within a reasonable time, any moneys coming into the licensee's possession belonging to others, commingling funds of others with the licensee's own, failing to keep the funds of others in an escrow or trust account with a federally insured financial institution, or failing to keep records relative to the deposit, which shall contain any information as may be prescribed by this chapter or the rules promulgated by the commission pursuant to chapter 1-26 relative thereto;

(6) Being convicted, or pleading guilty or nolo contendere before a court of competent jurisdiction in this or any other state, or before any federal court, of a misdemeanor involving moral turpitude or a felony arising under the laws of this state or under the laws of the United States or any other state that would be a misdemeanor involving moral turpitude or a felony under the laws of this state;

(7) Claiming or taking any secret or undisclosed amount of compensation or the failure of a licensee to reveal to the licensee's principal or employer the full amount of compensation in connection with any acts for which a license is required under this chapter;

(8) Failing or refusing upon demand to produce any document, book, or record in the licensee's possession or under the licensee's control, concerning a transaction under investigation by the commission;

(9) Offering real property for sale or lease without the knowledge and prior written consent of the owner or the owner's authorized agent or on any terms other than those authorized by the owner or the owner's authorized agent;

(10) Any violation of federal or state fair housing requirements;

(11) Failing or refusing upon demand to furnish copies including reproductions of any document pertaining to any transaction dealing with real estate to a person whose signature is affixed thereto;

(12) Paying compensation or commission in connection with a transaction to any person who is not licensed under this chapter;

(13) Failing to disclose to an owner in writing the licensee's intention or true position if the licensee directly or indirectly through a third party purchases for himself or herself or acquires or intends to acquire any interest in or any option to purchase property which has been listed with the licensee's office for sale or lease;

(14) Failure by a broker to deliver to the seller in every real estate transaction, at the time the transaction is consummated, a complete, detailed closing statement, showing all of the receipts and disbursements for the seller; also failure to deliver to the buyer a complete statement showing all money received in the transaction from the buyer and how and for what the same was disbursed, and to retain true copies of the statements in the broker's files; also failure to date and sign the closing statement;

(15) Any other conduct which constitutes dishonesty or fraudulent conduct, whether arising within or without the pursuit of the licensee's license privilege;

(16) Accepting employment or compensation for appraising real estate contingent upon reporting a predetermined value or issuing an appraisal report on real estate in which the licensee has an undisclosed interest;

(17) The revocation or suspension of any other license held by a person licensed under this chapter. Any other license includes being licensed as an attorney; real estate salesperson, broker or appraiser; insurance licensee; securities licensee; and other similar regulated occupation, trade or profession;

(18) Using, proposing the use, agreeing to the use or knowingly permitting the use of two or more contracts of sale, earnest money agreements or loan applications, one of which is not made known to the prospective lender or the loan guarantor, to enable the purchaser to obtain a larger loan than the true sales price would allow or to enable the purchaser to qualify for a loan which the purchaser otherwise could not obtain;

(19) Failing to promptly give a copy of an offer to purchase to the purchaser;

(20) Failing to promptly give the seller every written offer to purchase obtained;

(21) Upon obtaining an acceptance of the offer signed by the seller, failing to promptly give a copy of it to both purchaser and seller;

(22) Failing to make certain that all of the terms and conditions of the transaction are included in the offer to purchase;

(23) Giving a title opinion upon the merchantability of the title to property in any transaction in which the licensee participated;

(24) Preparing any legal document, giving any legal advice, or otherwise engaging in the practice of law. Preparation of the following documents is exempt from this provision:

(a) Agency agreements or extensions;

(b) Offers to purchase;

(c) Offers to lease;

(d) Acceptances; and

(e) Closing statements;

(25) Permitting the use of a broker's license to enable licensed salespersons to establish and carry on a real estate brokerage business if the broker has only insignificant control of the affairs of the business conducted;

(26) Taking a net listing whereby a licensee agrees to take as compensation the proceeds of a sale over and above the selling price agreed in the listing contract;

(27) Failing to put in writing all guarantees of sale and other guarantees made by a licensee to the person listing the property for sale;

(28) Failing to put in writing any agreement to furnish or sell a warranty;

(29) Attempting to solicit or attempting to secure listings without first advising the owner that the licensee is a licensee and is engaged in real estate brokerage;

(30) Failing to protect and promote the interests of the client whom the licensee has undertaken to represent to the best of the licensee's ability;

(31) Failing to deal fairly with all parties to a transaction;

(32) Committing any act constituting or demonstrating bad faith, incompetency or fraudulent dealings;

(33) Using the licensee's position to gain undue influence over a prospective buyer, seller, landlord, or tenant, using the licensee's position to coerce a buyer, seller, landlord, or tenant, or using duress on a buyer, seller, landlord, or tenant;

(34) Issuing an insufficient funds check;

(35) In a business enterprise that requires licensing by the commission, associating in any manner with another person who has had a license suspended or revoked by action of the commission while the suspension or revocation is in effect. This prohibition includes a corporation, a partnership, an association, a single proprietorship, and an employer-employee relationship. A licensee may act as an agent in a real estate transaction for a person who has had a license suspended or revoked by the commission if the transaction is one that would occur in the ordinary course of the licensee's business;

(36) Buying, selling, leasing, or exchanging real property under the auspices of a partnership or corporation of which the licensee owns an interest if it is indicated that the purchase or sale is being made by a private party not licensed by the real estate commission;

(37) Making a listing contract or any other contract with the licensee's principal which allows the licensee to purchase or lease the listed property and charge a commission thereon without obtaining the written consent of the principal to such provision. This written consent shall be in addition to the signing of any listing contract;

(38) Accepting a note or other nonnegotiable instrument or anything of value not readily negotiable as earnest money on a contract or offer to purchase without the written permission of the licensee's principal;

(39) Selling, buying, exchanging or leasing real property in a manner indicating that the licensee is not licensed under this chapter; or

(40) Improperly influencing or attempting to influence the development, reporting, result, or review of a real estate appraisal by coercion, extortion, or bribery; withholding or threatened withholding of payment of an appraisal fee; conditioning the payment of an appraisal fee upon the opinion, conclusion, or valuation to be reached; requesting the appraiser report a predetermined opinion, conclusion, or valuation or the desired valuation of any person; or any other act or practice that impairs or attempts to impair an appraiser's independence, objectivity, and impartiality. This subdivision does not apply to the following acts:

(a) Requesting an appraiser to consider additional, appropriate property information;

(b) Providing further detail, substantiation, or explanation of the appraiser's value conclusion;

(c) Correcting errors in the appraisal report;

(d) Withholding payment of an appraisal fee based upon a bona fide dispute regarding the appraiser's compliance with the appraisal standards adopted by the Department of Labor and Regulation;

(e) Retaining a real estate appraiser from panels or lists on a rotating basis; or

(f) Supplying the appraiser with information the appraiser is required to analyze under the appraisal standards adopted by the Department of Labor and Regulation such as agreements of sale, options, or listings of the property to be valued.

Source: SL 1992, ch 273, § 71; SL 1998, ch 235, § 1; SL 2006, ch 200, § 1; SL 2009, ch 189, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 162, eff. Apr. 12, 2011; SL 2013, ch 177, § 28.
S.D. Codified Laws § 36-9-17 — SD Code / Title 36 / Chapter 9 / Section 36-9-17
Meetings of board--Election of officers
Status: in_force

The board shall meet annually and as often as may be deemed necessary to transact its business. It shall elect from its members a president and a vice - president and may elect a secretary and treasurer.

Source: SDC 1939, § 27.0901; SL 1947, ch 123, § 3; SL 1955, ch 91, § 3; SDC Supp 1960, § 27.0903 (3); SL 1967, ch 101, § 3 (3); SL 1976, ch 228, § 13.
S.D. Codified Laws § 36-4B-35 — SD Code / Title 36 / Chapter 4B / Section 36-4B-35
Licensure program--Promulgation of rules
Status: in_force

The board shall promulgate rules, pursuant to chapter 1-26 , to:

(1) Provide an application form and process for the licensure of emergency medical services personnel;

(2) Establish criteria for educational and training program approval, including instructor qualifications, student acceptance, and clinical requirements;

(3) Establish the educational and training requirements, and the National Registry of Emergency Medical Technicians requirements, for applicants seeking licensure as emergency medical services personnel;

(4) Establish continuing education requirements for emergency medical services personnel;

(5) Establish procedures for the administration of the emergency medical services personnel program;

(6) Regulate the professional conduct of emergency medical services personnel;

(7) Establish the educational and training requirements, and conditions for issuance of a critical care endorsement, as provided for in § 36-4B-18.1 ;

(8) Establish the:

(a) Educational and training requirements and conditions for issuance of a community paramedic endorsement; and

(b) Practice protocols and supervisory requirements for a person with a community paramedic endorsement; and

(9) Establish the allowable skills and techniques performed by emergency medical services personnel under direct and indirect control.

Source: SL 1978, ch 269, § 35; SL 1992, ch 268, § 23; SL 2004, ch 17, § 234; SL 2015, ch 277 (Ex. Ord. 15-1), § 33, eff. Apr. 20, 2015; SL 2022, ch 146, § 2; SL 2023, ch 135, § 3; SL 2024, ch 153, § 27; SL 2025, ch 128, § 6; SL 2026, ch 136, § 7.
S.D. Codified Laws § 36-4B-34.1 — SD Code / Title 36 / Chapter 4B / Section 36-4B-34.1
Peer review committee--Activities--Liability of members
Status: in_force

For the purposes of §§ 36-4B-34.1 to 36-4B-34.4 , inclusive, a peer review committee is one or more persons, including an emergency medical technician at any level as described in this chapter, acting as an administrative or medical committee of a licensed health care facility or a licensed ambulance service, that engages in peer review activity. There is no monetary liability on the part of, and no cause of action for damages may arise against, any member of a peer review committee or against any consultant to that committee engaging in peer review activity as provided in §§ 36-4B-34.1 to 36-4B-34.4 , inclusive, if the committee member or consultant acts without malice, has made a reasonable effort to obtain the facts of the matter under consideration, and acts in a reasonable belief that the action taken is warranted by those facts. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation.

Source: SL 2004, ch 244, § 1.
S.D. Codified Laws § 36-11-74 — SD Code / Title 36 / Chapter 11 / Section 36-11-74
Remote drop sites authorized
Status: in_force

A licensed pharmacy may utilize a remote drop site to deliver prescription drugs to patients if:

(1) The remote drop site is under the supervision of the pharmacist-in-charge; and

(2) The prescription drugs are prepared by, and remain under the control of, the pharmacy.

A remote drop site is not required to be separately licensed as a pharmacy.

Source: SL 2026, ch 158, § 10.
S.D. Codified Laws § 36-11-44 — SD Code / Title 36 / Chapter 11 / Section 36-11-44
Permitting unauthorized practice or false representation to secure license--Penalty--Exceptions
Status: in_force

Any pharmacist who permits the compounding or dispensing of prescriptions or the vending of drugs in the pharmacist's place of business, except under the personal supervision of a pharmacist, or any pharmacist who, while continuing in business, makes any false representations to procure a license for the pharmacist or any other person, is guilty of a Class 2 misdemeanor.

The delivery of a drug or drug device to a patient outside of a pharmacy by courier, mail, or remote drop site is not considered a violation of this chapter, if done so under the supervision of a pharmacist in a licensed pharmacy.

Source: SDC 1939, § 27.9923; SL 1967, ch 102, § 22; SL 1977, ch 190, § 168; SL 2025, ch 154, § 28; SL 2026, ch 158, § 8.
S.D. Codified Laws § 36-37-11 — SD Code / Title 36 / Chapter 37 / Section 36-37-11
Compensation of members
Status: in_force

Members of the board shall receive a per diem established pursuant to § 4-7-10.4 and expenses at the same rate as other state employees while actually engaged in official duties.

Source: SL 2012, ch 196, § 11.
S.D. Codified Laws § 36-37-3 — SD Code / Title 36 / Chapter 37 / Section 36-37-3
License to practice speech-language pathology required--Violation as misdemeanor
Status: in_force

No person may practice speech-language pathology or represent himself or herself as a speech-language pathologist or speech-language pathology assistant in this state, unless such person is licensed in accordance with this chapter. A person represents oneself to be a speech-language pathologist or speech-language pathology assistant if the person holds himself or herself out to the public by any means, or by any service or function performed, directly or indirectly, or by using the terms, speech pathologist, speech therapist, speech teacher, speech correctionist, speech clinician, language therapist, language pathologist, language specialist, voice therapist, voice pathologist, logopedist, communicologist, aphasiologist, phoniatrist, speech-language pathologist assistant, or any variation, synonym, coinage, or other word that expresses, employs, or implies these terms, names, or functions. A violation of this section is a Class 2 misdemeanor.

Source: SL 2012, ch 196, § 3.
S.D. Codified Laws § 36-9A-24 — SD Code / Title 36 / Chapter 9A / Section 36-9A-24
Reinstatement of lapsed license
Status: in_force

A license holder who fails to renew the license as provided in §§ 36-9A-22 and 36-9A-23 may be reinstated upon meeting the terms and conditions prescribed by the board and upon payment of the required fee.

Source: SL 1979, ch 256, § 25; SL 1995, ch 218, § 16; SL 2017, ch 171, § 29.
S.D. Codified Laws § 36-21A-136 — SD Code / Title 36 / Chapter 21A / Section 36-21A-136
Duties and obligations of licensee representing buyer or tenant
Status: in_force

Any licensee representing a buyer or tenant has the following duties and obligations:

(1) To perform the terms of any written agreement made with the client;

(2) To exercise reasonable skill and care for the client;

(3) To promote the interest of the client with the utmost good faith, loyalty, and fidelity, including:

(a) Seeking a price and terms which are acceptable to the client. However, the licensee is not obligated to seek other properties while the client is a party to a contract to purchase property or to a lease or letter of intent to lease;

(b) Presenting all written offers to and from the client in a timely manner regardless of whether the client is already a party to a contract to purchase property or is already a party to a contract or a letter of intent to lease;

(c) Disclosing to the client adverse material facts known by the licensee; and

(d) Advising the client to obtain expert advice as to material matters about which the licensee knows but the specifics of which are beyond the expertise of the licensee;

(4) To account in a timely manner for all money and property received; and

(5) To comply with any applicable federal, state, and local laws, rules, regulations, and ordinances, including fair housing and civil rights statutes or regulations.

Source: SL 1998, ch 229, § 13.
S.D. Codified Laws § 36-24-30 — SD Code / Title 36 / Chapter 24 / Section 36-24-30
Posting of certificate of license--Violation a misdemeanor
Status: in_force

The license required by § 36-24-16 shall be kept conspicuously posted in the licensee's office or place of business at all times. A violation of this section is a Class 2 misdemeanor.

Source: SL 1968, ch 118, § 3; SL 1997, ch 221, § 40.
S.D. Codified Laws § 36-21A-30.2 — SD Code / Title 36 / Chapter 21A / Section 36-21A-30.2
Education requirements for initial licensure as broker associate
Status: in_force

Any broker associate receiving initial licensure as a broker associate after June 30, 2009, shall complete sixty class hours of education in a course of study approved by the commission given by instructors approved by the commission or in an independent study or distance education course approved by the commission. The broker associate shall complete the sixty class hours in prescribed subject matter by the second active renewal deadline with thirty class hours completed during the initial active licensing period and thirty class hours completed during the second active licensing period. The thirty class hours completed during the initial active licensing period and second active licensing period apply towards the continuing education requirements for license renewal. The commission shall promulgate rules, pursuant to chapter 1-26 , to specify requirements for the course, qualifications of an instructor, and criteria for an independent study or distance education course.

Source: SL 2009, ch 187, § 1; SL 2013, ch 177, § 11.
S.D. Codified Laws § 36-36-15 — SD Code / Title 36 / Chapter 36 / Section 36-36-15
Genetic counselor advisory council--Appointment--Terms--Duties--Board communication
Status: in_force

The board shall appoint a genetic counselor council composed of one genetic counselor and three physicians licensed pursuant to chapter 36-4 . The term of office for each member is three years. No member may be appointed to more than three consecutive, full terms. If a vacancy occurs, the board must appoint a new member to fill the unexpired term. The appointment of a member to an unexpired term is not considered a full term.

The council shall meet at least twice each year, at a time and place set by the council, and may hold additional meetings as necessary to conduct business. The council shall meet the requirements of chapter 1-25 regarding open meetings.

The council shall:

(1) Assist the board in all matters related to the licensure, practice, education, continuing education, investigation, and discipline of genetic counselors pursuant to this chapter;

(2) Make recommendations to the board regarding rules promulgated pursuant to this chapter; and

(3) Submit meeting minutes and any recommendations to the board following each council meeting.

The board shall communicate activity on all matters relating to genetic counselors with the council.

Source: SL 2009, ch 194, § 15; SL 2020, ch 167, § 9; SL 2024, ch 152, § 15.
S.D. Codified Laws § 36-18A-20 — SD Code / Title 36 / Chapter 18A / Section 36-18A-20
Employment of counsel and assistance in enforcement
Status: in_force

The board may employ counsel and other necessary assistance to aid in the enforcement of this chapter or for the assistance of any proceeding commenced by the attorney general or by a state's attorney, the compensation and expenses of whom shall be paid from the technical professions fund.

Source: SL 1999, ch 195, § 20.
S.D. Codified Laws § 36-8-20 — SD Code / Title 36 / Chapter 8 / Section 36-8-20
Reinstatement of suspended or revoked license--Costs and fee
Status: in_force

Any podiatrist whose license has been suspended or revoked may be reinstated or have a new license issued if warranted at the discretion of the Board of Podiatry Examiners. The podiatrist shall pay all costs of the proceedings resulting in the suspension or revocation of license and reinstatement or new license application fee.

Source: SDC 1939, § 27.0808 as added by SL 1959, ch 131, § 9; SL 2008, ch 191, § 19; SL 2018, ch 228, § 10.
S.D. Codified Laws § 36-21C-9 — SD Code / Title 36 / Chapter 21C / Section 36-21C-9
Initial provisions for licensing experienced home inspectors
Status: in_force

During the first three hundred sixty - five days after January 1, 2001, the commission shall issue to any person, upon application, a home inspector license, if the applicant meets the requirements of subdivisions 36-21C-4(1), (2), and (4) and has been engaged in the practice of home inspections for compensation for not less than one year prior to January 1, 2001, and has performed not less than one hundred home inspections for compensation.

Source: SL 2000, ch 194, § 9.
S.D. Codified Laws § 36-25-21 — SD Code / Title 36 / Chapter 25 / Section 36-25-21
Reciprocity--Determination by commission
Status: in_force

The commission may register, without examination upon the payment of the required initial application fee, examination fee, and license fee, a nonresident applicant who is registered in another state with requirements for regulating plumbers, and the commission determines the regulation of plumbers in the other state is substantially equivalent to the requirements of this state.

Source: SL 1970, ch 222, § 11; SL 2025, ch 163, § 3.
S.D. Codified Laws § 36-26-46 — SD Code / Title 36 / Chapter 26 / Section 36-26-46
Criminal background check--Applicant for multistate licensure--Treatment of information
Status: in_force

An applicant for a multistate license, as provided in § 36-26A-1 , shall submit to the board a full set of the applicant's fingerprints in a form and manner prescribed by the board. The board shall deliver the fingerprints to the Division of Criminal Investigation for a state and federal criminal background check by the division and the Federal Bureau of Investigation. The applicant shall sign a release of information to the board, and pay any fees charged for the fingerprinting and the background check.

Upon completion of the background check, the division shall deliver to the board the applicant's criminal history record information. The board shall consider this information in determining whether to issue a multistate license to the applicant. The board may not issue a multistate license to the applicant before receiving this information. The board may not disseminate any information obtained under this section to a person not employed by the board.

Source: SL 2026, ch 161, § 2.
S.D. Codified Laws § 36-15-51.2 — SD Code / Title 36 / Chapter 15 / Section 36-15-51.2
Licensed nursing facilities and assisted living centers
Status: in_force

Any licensed nursing facility or licensed assisted living center that permits cosmetology services only to its residents and does not advertise as a salon is not required to have a salon license.

Source: SL 2014, ch 181, § 2; SL 2018, ch 235, § 1.
S.D. Codified Laws § 36-11A-23 — SD Code / Title 36 / Chapter 11A / Section 36-11A-23
Normal distribution channel defined
Status: in_force

For the purposes of §§ 36-11A-20 to 36-11A-46 , inclusive, a normal distribution channel is a chain of custody for a prescription drug that goes from a manufacturer of the prescription drug, or from that manufacturer to that manufacturer's co-licensed partner, or from that manufacturer to that manufacturer's third-party logistics provider, or from that manufacturer to that manufacturer's exclusive distributor, directly or by drop shipment, to:

(1) A pharmacy to a patient or other designated persons authorized by law to dispense or administer such drug to a patient;

(2) A wholesale distributor to a pharmacy to a patient or other designated persons authorized by law to dispense or administer such drug to a patient;

(3) A wholesale distributor to a chain pharmacy warehouse to that chain pharmacy warehouse's intracompany pharmacy to a patient or other designated persons authorized by law to dispense or administer such drug to a patient; or

(4) A chain pharmacy warehouse to the chain pharmacy warehouse's intracompany pharmacy to a patient or other designated persons authorized by law to dispense or administer such drug to a patient.

Source: SL 2007, ch 215, § 5; SL 2021, ch 175, § 6.
S.D. Codified Laws § 36-13-22 — SD Code / Title 36 / Chapter 13 / Section 36-13-22
Temporary certificate to engage in business
Status: in_force

The board may issue a temporary certificate to any person desiring to engage in the business of abstracting in any county where there is no registered abstracter, or where the only existing abstract plant has been destroyed so that its records and indexes are not available, or where the certificate of the only qualified abstracter has been canceled for cause by order of the board, without the possession of an abstract plant, if the person successfully completes the examination required by § 36-13-11 and furnishes the bond required in § 36-13-15 . No certificate issued pursuant to this section may be continued in effect for more than four years.

Source: SDC 1939, § 1.0112; SL 2008, ch 195, § 28.
S.D. Codified Laws § 36-9-95 — SD Code / Title 36 / Chapter 9 / Section 36-9-95
Nursing workforce center established--Funding
Status: in_force

The Board of Nursing shall establish a nursing workforce center. The board shall charge a fee of ten dollars upon the biennial renewal of each registered nurse and practical nurse license in addition to the license renewal fee for the funding of the nursing workforce center. Donations and bequests from persons to further the intent of the nursing workforce center or additional funds designated by the board may also be accepted and placed in the restricted fund.

Source: SL 2002, ch 178, § 1.
S.D. Codified Laws § 36-9A-17.2 — SD Code / Title 36 / Chapter 9A / Section 36-9A-17.2
Performance of abortions not authorized
Status: in_force

Nothing in this chapter authorizes a certified nurse practitioner or certified nurse midwife to perform abortions.

Source: SL 2000, ch 189, § 2; SL 2017, ch 171, § 22.
S.D. Codified Laws § 36-11-39 — SD Code / Title 36 / Chapter 11 / Section 36-11-39
Pharmacy license--Changes in location or ownership--Report to board--Deadline--Form
Status: in_force

The change of location of any pharmacy for which a license has been issued from one municipality to another within this state, or the cessation of business by the pharmacy, must be reported to the board within ten days from the occurrence on forms prescribed by the board.

Source: SDC 1939, § 27.1015 as added by SL 1943, ch 105; SL 1953, ch 122; SL 1967, ch 102, § 15; SL 2025, ch 154, § 25.
S.D. Codified Laws § 36-9-1 — SD Code / Title 36 / Chapter 9 / Section 36-9-1
Definitions
Status: in_force

Terms as used in this chapter, unless the context otherwise requires, mean:

(1) "Advanced comprehensive nursing assessment," collection, analysis, and synthesis of data performed by the certified registered nurse anesthetist used to establish a health status baseline, nursing diagnosis, plan nursing care, and address changes in a patient's condition;

(2) "Advanced practice registered nurse" or "APRN," any person licensed by the board in the role of a clinical nurse specialist or a certified registered nurse anesthetist;

(3) "Approved program," any educational program of study which meets the requirements established by this chapter and by the board for licensure under this chapter;

(4) "Board," the South Dakota Board of Nursing;

(5) "Certified registered nurse anesthetist," any person authorized under this chapter to practice the nursing specialty of nurse anesthesia as defined in § 36-9-3.1 ;

(6) "Clinical nurse specialist," any person authorized under this chapter to practice the nursing specialty of a clinical nurse specialist as defined in § 36-9-87 ;

(7) "Collaborate," the act of communicating pertinent information or consulting with a licensed physician or other licensed health care provider with each provider contributing the provider's respective expertise to optimize the overall care delivered to the patient;

(8) "Comprehensive nursing assessment," collection, analysis, and synthesis of data performed by the registered nurse used to establish a health status baseline, nursing diagnosis, plan nursing care, and address changes in a patient's condition;

(9) "Focused nursing assessment," recognizing patient characteristics by a licensed practical nurse that may affect the patient's health status, gathering and recording assessment data, and demonstrating attentiveness by observing, monitoring, and reporting signs, symptoms, and changes in patient condition in an ongoing manner to the supervising health care provider as defined in § 36-9-4 ;

(10) "Licensed," written authorization by the board to practice as a registered nurse, licensed practical nurse, certified nurse anesthetist, or clinical nurse specialist;

(11) "Licensed practical nurse," any person duly authorized under this chapter to practice practical nursing as defined in § 36-9-4 ;

(12) "Patient" or "client," a recipient of care and may be an individual, family, group, or community;

(13) "Public member," any person who is not licensed by the board, but is a user of the services regulated by the board;

(14) "Registered nurse," any person authorized under this chapter to practice nursing as defined in § 36-9-3 .

For the purposes of this chapter, words used in the feminine gender include the masculine.

Source: SL 1947, ch 123, § 1; SL 1949, ch 109, § 1; SL 1955, ch 91, § 2; SDC Supp 1960, § 27.0902 (1) to (7); SL 1967, ch 101, § 2 (1), (3) to (6); SDCL §§ 36-9-3 (2), 36-9-4 (2); SL 1976, ch 228, §§ 2, 55; SL 1979, ch 255, § 1; SL 1986, ch 307, §§ 8, 9; SL 1995, ch 217, § 1; SL 2014, ch 180, § 1; SL 2016, ch 194, § 1; SL 2020, ch 169, § 2.
S.D. Codified Laws § 36-18A-7 — SD Code / Title 36 / Chapter 18A / Section 36-18A-7
Practice of petroleum release remediation defined
Status: in_force

For the purposes of this chapter, the term, practice of petroleum release remediation, means the practice of interpreting assessment results; formulating input data for contaminant models; operating contaminant models and interpreting results; identifying the potential fate of contaminants and environmental transport mechanisms; identifying the environmental risks and health hazards of contaminants and contaminated media; directing or supervising the disposal of contaminated soil and groundwater; evaluating and recommending remediation alternatives; preparing a cost estimate or cost - effective analysis for remedial alternatives; developing soil and groundwater remediation systems; preparing the plans and specifications for remedial systems; directing or supervising the installation, operation, and maintenance of remedial systems; overseeing and directing assessment and remedial activities; signing assessment plans, assessment reports, and remedial action plans; or offering to provide any of the services pursuant to this section. A petroleum release remediator may perform all the functions of a petroleum release assessor.

Source: SL 1999, ch 195, § 7.
S.D. Codified Laws § 36-9-91 — SD Code / Title 36 / Chapter 9 / Section 36-9-91
Fees required of clinical nurse specialists
Status: in_force

The board shall promulgate rules, pursuant to chapter 1-26 , to establish the following fees for clinical nurse specialists:

(1) For initial licensure by examination or endorsement, not more than two hundred dollars, exclusive of any fee which may be required for a nationally administered examination;

(2) For verification of licensure to another state, territory, or foreign country, not more than thirty dollars;

(3) For issuance of a temporary permit, not more than fifty dollars;

(4) For biennial renewal of license, not more than one hundred fifty dollars;

(5) For reinstatement of a lapsed license, the current renewal fee plus not more than one hundred dollars;

(6) For providing a transcript, not more than five dollars;

(7) For issuing a duplicate license, not more than thirty dollars;

(8) For placing a license on inactive status, not more than twenty dollars; and

(9) For effecting a name change upon the records of a license, not more than twenty dollars.

The fees shall be paid in advance and are not refundable.

Source: SL 1995, ch 217, § 14; SL 2003, ch 200, § 3; SL 2016, ch 194, § 41.
S.D. Codified Laws § 36-9C-11 — SD Code / Title 36 / Chapter 9C / Section 36-9C-11
Application for licensure--Issuance
Status: in_force

An applicant for licensure as a certified professional midwife or certified professional midwife student shall file with the board an application, verified by oath, on a form prescribed by the board and accompanied by the prescribed fee. If the board finds that the applicant satisfies the requirements for licensure in § 36-9C-4 , passes a background check required by § 36-9C-12 , and is not otherwise disqualified pursuant to § 36-9C-22 , the board shall issue the applicant a license to practice as a certified professional midwife or certified professional midwife student.

Source: SL 2017, ch 172, § 11.
S.D. Codified Laws § 36-4-6 — SD Code / Title 36 / Chapter 4 / Section 36-4-6
Equipment, supplies, and services for board--Expenses restricted to revenue
Status: in_force

The Board of Examiners shall have the power to expend the necessary funds for its offices, furniture, fixtures, supplies, administrative and stenographic services. Administrative personnel having responsibility over funds of the Board of Examiners shall furnish a bond for the faithful performance of their duties in such sum as the board shall from time to time direct. No expenses shall be incurred by the board in excess of the revenue derived from such office.

Source: SL 1949, ch 106, § 1; SDC Supp 1960, § 27.0301; SL 1969, ch 105, § 1; SL 1973, ch 241, § 2.
S.D. Codified Laws § 36-12-22 — SD Code / Title 36 / Chapter 12 / Section 36-12-22
Grounds for refusal, suspension, or revocation of license and certificate
Status: in_force

The State Board of Veterinary Medical Examiners may, in compliance with chapter 1-26 , either refuse to issue a license or refuse to issue a certificate of registration or suspend or revoke a license and certificate of registration upon any of the following grounds:

(1) Fraud or deception in procuring the license;

(2) The publication or use of any untruthful or improper statement, or representation, with a view of deceiving the public, or any client or customer in connection with the practice of veterinary medicine;

(3) Habitual intemperance in the use of intoxicating liquors, or habitual addiction to the use of morphine, cocaine, or other habit-forming drugs; or entry of a plea of guilty to, or nolo contendere to, or conviction of a violation of any federal or state law relating to controlled drugs or substances;

(4) Immoral, unprofessional, or dishonorable conduct manifestly disqualifying the licensee from practicing veterinary medicine;

(5) Malpractice, including failure to furnish to the board, upon written application by it, any report or information relating thereto;

(6) The employment of an unlicensed person to perform work which under this chapter can lawfully be done only by persons licensed to practice veterinary medicine;

(7) Fraud or dishonest conduct in applying or reporting diagnostic biological tests or in issuing health certificates;

(8) Failure to keep one's premises in a reasonably clean and sanitary condition and failure to use reasonably sanitary methods in the practice of veterinary medicine;

(9) The use, prescription, or sale of any veterinary prescription drug in the absence of a valid veterinary client-patient relationship;

(10) Professional incompetence which constitutes a deviation from the statewide standard of competence, which is that minimum degree of skill and knowledge necessary for the performance of characteristic tasks of a veterinarian in at least a reasonably effective way.

Source: SDC 1939, § 40.0206; SL 1961, ch 201, § 13; revised pursuant to SL 1972, ch 15, § 4; SL 1993, ch 279, § 4; SL 2001, ch 204, § 1; SL 2005, ch 199, § 39.
S.D. Codified Laws § 36-11A-32 — SD Code / Title 36 / Chapter 11A / Section 36-11A-32
Changes or corrections to required information--Suspension or revocation of license
Status: in_force

In accordance with each licensure renewal, the board shall send to each wholesale distributor licensed under § 36-11A-27 a form setting forth the information that the wholesale distributor provided pursuant to § 36-11A-28 . Within thirty days of receiving such form, the wholesale distributor shall identify and state under oath to the board any changes or corrections to the information that was provided pursuant to § 36-11A-28 . Changes in, or corrections to, any information in § 36-11A-28 shall be submitted to the board as required by such authority. The board may suspend or revoke the license of a wholesale distributor if such authority determines that the wholesale distributor no longer qualifies for the license issued under § 36-11A-28 .

Source: SL 2007, ch 215, § 14.
S.D. Codified Laws § 36-5-8 — SD Code / Title 36 / Chapter 5 / Section 36-5-8
Educational requirements for license
Status: in_force

Any person is eligible for licensure who has satisfactorily completed two years of preprofessional study in a liberal arts or science course at any college or university and who is a graduate of a chiropractic school approved by the board. The minimum requirements for licensure of any person graduating on or after January 1, 2011, is a baccalaureate degree in addition to a doctor of chiropractic degree. The baccalaureate degree may be granted by an accredited undergraduate program or by a chiropractic college or university that can offer a dual degree.

Source: SDC 1939, § 27.0506; SL 1939, ch 101, § 2; SDC Supp 1960, § 27.0502; SL 1967, ch 95; SL 1975, ch 232, § 5; SL 1993, ch 274, § 1; SL 2007, ch 211, § 1; SL 2020, ch 168, § 3; SL 2021, ch 173, § 11.
S.D. Codified Laws § 36-34-23 — SD Code / Title 36 / Chapter 34 / Section 36-34-23
Sanctions--Withdrawal of probation--Certification or licensure during appeal
Status: in_force

The board may impose any of the following sanctions, singly or in combination, if the board finds that a practitioner has violated any part of § 36-34-21 :

(1) Revoke a practitioner's recognition, certification, or license to practice for an indefinite length of time;

(2) Suspend a practitioner's recognition, certification, or license for a specific or indefinite length of time;

(3) Censure a practitioner;

(4) Issue a letter of reprimand;

(5) Place a practitioner on probationary status and require the practitioner to report regularly to the board on the matters that are the basis for probation;

(6) Limit the practitioner's practice to areas prescribed by the board until a satisfactory degree of skill has been attained in those areas that are the basis of the probation; or

(7) Require the practitioner to reimburse the board in an amount equal to the costs incurred for the investigation and disciplinary hearing, including the amount paid by the board for legal expenses, attorney fees, court reporters, and any mediator or hearing officer, provided there is clear and convincing evidence of wrongdoing on the part of the practitioner.

The board may withdraw the probation if the board finds the deficiencies that resulted in disciplinary action have been remedied.

A practitioner's recognition, certification, or licensure remains in effect during the pendency of an appeal unless suspended under § 36-34-24 .

Source: SL 2004, ch 253, § 24; SL 2013, ch 183, § 22; SL 2026, ch 163, § 9.
S.D. Codified Laws § 36-38-10 — SD Code / Title 36 / Chapter 38 / Section 36-38-10
Fee for initial licensure
Status: in_force

After a behavior analyst applicant presents evidence of certification, the applicant shall pay a fee for initial licensure set by the board, in rules promulgated pursuant to chapter 1-26 , not to exceed three hundred fifty dollars.

Source: SL 2016, ch 199, § 10.
S.D. Codified Laws § 36-21C-6 — SD Code / Title 36 / Chapter 21C / Section 36-21C-6
Promulgation of rules for licensing and registration
Status: in_force

The commission shall promulgate rules pursuant to chapter 1-26 for licensed and registered home inspectors in the following areas:

(1) Standards and requirements for prelicense and continuing education, including qualifications of instructors, procedures for granting a certificate of accreditation, notification of a material change in an approved course offering, suspension, revocation, and denial of course approval, certification of attendance, preregistration, and hours required to renew a license or registration;

(2) A code of ethics and standards of practice;

(3) Fees for applications, examinations, registration, licensure, and renewals, not to exceed two hundred dollars for application and one hundred dollars for renewal; and

(4) Procedures and qualifications for application, minimum requirements for examination, procedures for the examination and the administration of the examination, the required score for passing the examination, and procedures for replacement of a license.

Source: SL 2000, ch 194, § 6; SL 2021, ch 168, § 35.
S.D. Codified Laws § 36-11-71 — SD Code / Title 36 / Chapter 11 / Section 36-11-71
Central pharmacy, remote pharmacy, and telepharmacy practice defined
Status: in_force

Terms as used in this section and § 36-11-72 mean:

(1) "Central pharmacy," a pharmacy with one or more remote pharmacies in which all sites are connected via computer link, video link, and audio link. The central pharmacy may be retail or hospital-based;

(2) "Remote pharmacy," a pharmacy staffed by a registered pharmacy technician with access to a central pharmacy with a registered pharmacist by computer link, video link, and audio link while open;

(3) "Telepharmacy practice," the practice whereby a licensed pharmacist uses telecommunications technology to provide personalized, electronically documented, real-time pharmaceutical care to patients at a remote pharmacy, including prescription dispensing and counseling, and to oversee and supervise remote pharmacy operations.

Source: SL 2007, ch 214, § 1.
S.D. Codified Laws § 36-4A-1.1 — SD Code / Title 36 / Chapter 4A / Section 36-4A-1.1
Collaborative agreement--Requirements--On file--Copy at board request
Status: in_force

The term "collaborative agreement," as used in this chapter, means a contract that:

(1) Is signed by a physician assistant, who has not filed an affidavit with the board attesting to the completion of at least six thousand practice hours, and a physician licensed in accordance with chapter 36-4 ; and

(2) Contains the terms and conditions governing the collaboration of the providers.

A physician who is entering into a collaborative agreement must be free from any disciplinary action that would restrict the ability to collaborate.

A physician assistant, for whom a collaborative agreement has been signed, shall keep a copy of the agreement on file at the physician assistant's primary practice site. The physician assistant shall provide a copy of the signed collaborative agreement to the board, upon request.

Source: SL 2007, ch 207, § 9; SL 2025, ch 149, § 2.
S.D. Codified Laws § 36-20B-51 — SD Code / Title 36 / Chapter 20B / Section 36-20B-51
Notice to other states of disciplinary action--Information furnished to authorities--Exception when petition for review filed
Status: in_force

If the board renders a decision imposing discipline against a licensee or an individual granted practice privileges under the provisions of § 36-20B-66 or 36-20B-67 , the board shall notify any board of accountancy of any other state in which the licensee also holds certificates, licenses, or permits of its decision, within forty-five days of rendering the decision. The board may also furnish information relating to proceedings resulting in disciplinary action to other public authorities and to private professional organizations having a disciplinary interest in the licensee.

If a petition for review has been filed pursuant to this chapter, the notification and furnishing of information provided for in this section shall await the resolution of such review and, if resolution is in favor of the licensee or an individual granted practice privileges under the provisions of § 36-20B-66 or 36-20B-67 , no such notification or furnishing of information may be made.

Source: SL 2002, ch 179, § 52; SL 2009, ch 185, § 16.
S.D. Codified Laws § 36-1B-1 — SD Code / Title 36 / Chapter 1B / Section 36-1B-1
Expedited issuance of license, certificate, registration, or permit for active duty military personnel and spouses--Requirements
Status: in_force

Notwithstanding any other provision in law and unless an applicant is found by the board to have engaged in any act that may constitute grounds for disciplinary action, any licensing body under the provisions of this title shall, within thirty days of receiving a completed application, issue a license, certificate, registration, or permit required for the practice of any business, profession, or occupation in South Dakota to an applicant whose application has been deemed completed by the board and:

(1) Who holds in good standing the same or similar valid license, certificate, registration, or permit required for the practice of any business, profession, or occupation issued by another state or the District of Columbia;

(2) Who is an active duty member of the armed forces of the United States or the spouse of an active duty member of the armed forces of the United States; and

(3) Who is the subject of a military transfer to South Dakota.

An application is considered complete once the applicable licensing board has received all required documentation necessary to process the application.

If a licensing body denies the issuance of a license, certificate, registration, or permit to an applicant pursuant to this section, the licensing body shall report the denial and the reasons for the denial to the Department of Labor and Regulation.

Source: SL 2013, ch 170, § 1; SL 2019, ch 167, § 1.
S.D. Codified Laws § 36-18A-17 — SD Code / Title 36 / Chapter 18A / Section 36-18A-17
Removal of board member--Filling of vacancies
Status: in_force

The Governor may remove any member of the board for misconduct, incapacity, or neglect of duty. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.

Source: SL 1999, ch 195, § 17.
S.D. Codified Laws § 36-37-16 — SD Code / Title 36 / Chapter 37 / Section 36-37-16
Waiver of certain requirements for foreign applicants meeting examination requirements
Status: in_force

The board may waive the qualifications in subdivisions 36-37-14(3), (4), and (5) for any applicant who:

(1) Received a professional education in another country if the board is satisfied that equivalent education and practicum requirements have been met; and

(2) Met the examination requirements in subdivision 36-37-14(6).

Source: SL 2012, ch 196, § 16.
S.D. Codified Laws § 36-21A-127 — SD Code / Title 36 / Chapter 21A / Section 36-21A-127
Confidential information defined
Status: in_force

For the purposes of this chapter, confidential information is any information given to the licensee in confidence, or any information obtained by the licensee that the licensee knows a reasonable individual would want to keep confidential, unless disclosure of the information is authorized in writing by the client or disclosure of this information is required by law or the information becomes public knowledge. The term, confidential information, does not include material facts about the physical condition of the property.

Source: SL 1998, ch 229, § 4.
S.D. Codified Laws § 36-9-43 — SD Code / Title 36 / Chapter 9 / Section 36-9-43
Fees required of licensed practical nurses
Status: in_force

The board shall promulgate by rule, pursuant to chapter 1-26 , the following nonrefundable licensed practical nurse fees which the board shall collect in advance from applicants:

(1) For initial licensure by examination or endorsement, not more than two hundred dollars, exclusive of any fee which may be required for a nationally administered examination;

(2) For reexamination, not more than the amount then required for licensure by examination;

(3) For verification of licensure to another state, territory, or foreign country, not more than thirty dollars;

(4) For issuance of any temporary or limited permit, not more than fifty dollars;

(5) For biennial renewal of license, not more than one hundred fifty dollars;

(6) For reinstatement of a lapsed license, the current renewal fee plus not more than one hundred dollars;

(7) For providing a transcript, not more than five dollars;

(8) For effecting a name change upon the records of a licensee, not more than twenty dollars;

(9) For issuing a duplicate license, not more than thirty dollars;

(10) For placing a license on inactive status, not more than twenty dollars.

Source: SL 1949, ch 109, § 12; SL 1955, ch 91, § 5; SDC Supp 1960, § 27.0905 (3); SL 1967, ch 101, § 5 (3); SL 1974, ch 248, § 2; SL 1976, ch 228, § 53; SL 1979, ch 255, § 36; SL 1981, ch 279, § 4; SL 1989, ch 324, § 2; SL 1989, ch 325, § 10; SL 1990, ch 304, § 2; SL 2003, ch 200, § 2; SL 2008, ch 191, § 21; SL 2016, ch 194, § 23.
S.D. Codified Laws § 36-15-59 — SD Code / Title 36 / Chapter 15 / Section 36-15-59
Appeal from commission decision
Status: in_force

An appeal may be taken from orders or decisions of the Cosmetology Commission acting pursuant to this chapter as provided by chapter 1-26 .

Source: SDC 1939, § 27.1511; SL 1943, ch 106, § 3; SL 1957, ch 118, § 1; SL 1972, ch 206, § 55.
S.D. Codified Laws § 36-21A-96 — SD Code / Title 36 / Chapter 21A / Section 36-21A-96
Designation of executive director of commission as agent for service of process
Status: in_force

Before the approval of an application, the applicant shall file with the commission a designation in writing that appoints the executive director of the commission to act as the applicant's agent, upon whom all judicial and other process or legal notices directed to the applicant may be served. Service upon the designated agent is personal service upon the applicant. Copies of the appointment, certified by the executive director of the commission, are sufficient evidence thereof and shall be admitted into evidence with the same force and effect as the original. In the written designation, the applicant shall agree that any lawful process against the applicant, which is served upon the agent, shall be of the same legal force and validity as if served upon the applicant and that the authority shall continue in force so long as any liability remains outstanding in this state.

Source: SL 1992, ch 273, § 96.
S.D. Codified Laws § 36-9-5 — SD Code / Title 36 / Chapter 9 / Section 36-9-5
Appointment and composition of board
Status: in_force

The Governor shall appoint a board of eleven consisting of seven registered nurses, two licensed practical nurses, and two public members.

Source: SDC 1939, § 27.0901; SL 1947, ch 123, § 2; SL 1949, ch 109, § 2; SL 1955, ch 91, § 3; SDC Supp 1960, § 27.0903 (1); SL 1967, ch 101, § 3 (1); SL 1973, ch 2, § 58; SDCL Supp, § 36-9-9.1 ; SL 1976, ch 228, § 6; SL 2016, ch 194, § 4.
S.D. Codified Laws § 36-4-20.12 — SD Code / Title 36 / Chapter 4 / Section 36-4-20.12
Renewal of resident license
Status: in_force

Each person receiving a resident license under the provisions of this chapter shall apply, on a form prescribed by the board, for a renewal of the resident license.

Source: SL 2009, ch 178, § 5; SL 2013, ch 172, § 7.
S.D. Codified Laws § 36-1B-6 — SD Code / Title 36 / Chapter 1B / Section 36-1B-6
Application of chapter
Status: in_force

Nothing in this chapter or in § 13-42-67 or 13-42-69 may be construed to override, supersede, or invalidate any compact or agreement already in place within any profession regulated under titles 13 or 36.

Nothing in this chapter or in § 13-42-67 or 13-42-69 prohibits any active duty military member or military spouse from seeking a professional license, certification, registration, or permit as otherwise provided in law for any profession regulated under titles 13 or 36.

Source: SL 2019, ch 167, § 9.
S.D. Codified Laws § 36-10-38 — SD Code / Title 36 / Chapter 10 / Section 36-10-38
Licensure denial--Grounds
Status: in_force

The State Board of Physical Therapy may, in compliance with chapter 1-26 , refuse to grant a license under this chapter for unprofessional, immoral, or dishonorable conduct on the part of the applicant.

Source: SL 1955, ch 96, § 9; SDC Supp 1960, § 27.09A09; SDCL § 36-10-14; SL 1972, ch 205, § 15; SL 1972, ch 15, § 4; SL 1996, ch 231, § 17; SL 2017, ch 173, § 14; SL 2023, ch 136, § 22.
S.D. Codified Laws § 36-11-23.2 — SD Code / Title 36 / Chapter 11 / Section 36-11-23.2
Rules relating to continuing education--Maximum annual requirement
Status: in_force

The State Board of Pharmacy shall promulgate rules pertaining to continuing education of pharmacists. Such continuing education program shall not exceed twelve hours in length in any one year.

Source: SL 1977, ch 296, § 3; SL 1986, ch 302, § 113.
S.D. Codified Laws § 36-16-37 — SD Code / Title 36 / Chapter 16 / Section 36-16-37
Severability of provisions
Status: in_force

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter.

Source: SL 1963, ch 216, § 17.
S.D. Codified Laws § 36-19-41 — SD Code / Title 36 / Chapter 19 / Section 36-19-41
Violation of chapter as misdemeanor
Status: in_force

Any person, firm or corporation conducting business or doing any act which is in violation of the provisions of this chapter is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 27.9929; SL 1963, ch 154, § 8; SL 1977, ch 190, § 191.
S.D. Codified Laws § 36-1-2 — SD Code / Title 36 / Chapter 1 / Section 36-1-2
Components of armed forces in which qualifying service rendered
Status: in_force

The term, armed forces, as used in this chapter means all components of the United States Army, Army of the United States, United States Navy, United States Naval Reserve, United States Air Force, United States Marine Corps, United States Marine Corps Reserve, United States Space Force, United States Coast Guard, United States Coast Guard Reserve which shall be construed to include the United States Coast Guard Temporary Reserve, Women's Army Corps, United States Navy Women's Reserve, United States Marine Corps Women's Reserve, United States Coast Guard Women's Reserve, Army Nurse Corps, and Navy Nurse Corps.

Source: SL 1947, ch 187, § 1; SDC Supp 1960, § 41.0511; SL 2023, ch 109, § 22.
S.D. Codified Laws § 36-25-7 — SD Code / Title 36 / Chapter 25 / Section 36-25-7
Seal and record of proceedings--Register
Status: in_force

The commission shall have a common seal and shall keep a record of its proceedings, including a register which shall show the action taken by the commission on all applications for permits.

Source: SL 1970, ch 222, § 2 (5); revised pursuant to SL 1972, ch 15, § 3.
S.D. Codified Laws § 36-26-39 — SD Code / Title 36 / Chapter 26 / Section 36-26-39
Violation of chapter as misdemeanor
Status: in_force

Any person who violates any of the provisions of this chapter is guilty of a Class 2 misdemeanor.

Source: SL 1975, ch 22, § 42; SL 1977, ch 190, § 205.
S.D. Codified Laws § 36-6A-58 — SD Code / Title 36 / Chapter 6A / Section 36-6A-58
Notice to board of change of name or address
Status: in_force

Each licensee or registrant, upon changing his or her place of residence, name, place of employment, or place of business shall, within ten days thereafter, furnish the board with updated information.

Source: SDC 1939, § 27.0610; SL 1943, ch 103; SL 1971, ch 213, § 33; SL 1981, ch 275, § 24; SL 1992, ch 269, § 50; SL 2008, ch 191, § 13; SL 2015, ch 199, § 71.
S.D. Codified Laws § 36-26-24 — SD Code / Title 36 / Chapter 26 / Section 36-26-24
Display of license
Status: in_force

Each social work license shall be conspicuously displayed at the place of practice of the licensee within thirty days after issuance of such license.

Source: SL 1975, ch 22, § 22.
S.D. Codified Laws § 36-6A-55 — SD Code / Title 36 / Chapter 6A / Section 36-6A-55
Proof of continuing education or continuing competency
Status: in_force

Every five years of licensure or registration, each licensee or registrant shall provide the board evidence, of a nature suitable to the board that a licensee or registrant has attended, or participated in an amount of board approved continuing education or continuing competency as shall be required by the board.

Source: SL 1971, ch 213, § 31; SL 1981, ch 275, § 23; SL 1984, ch 250, § 6; SL 1992, ch 269, § 47; SL 2015, ch 199, § 68.
S.D. Codified Laws § 36-4A-1 — SD Code / Title 36 / Chapter 4A / Section 36-4A-1
Definitions
Status: in_force

Terms as used in this chapter mean:

(1) "Board," the State Board of Medical and Osteopathic Examiners;

(2) "Collaboration," the consultation with, or referral to, an appropriate physician or other licensed health care provider by a physician assistant, as indicated by:

(a) The patient's condition;

(b) The education, competencies, and experience of the physician assistant; and

(c) The standard of care; and

(3) "Physician assistant," a health care provider who meets the qualifications set forth in this chapter and is licensed by the board.

Source: SL 1973, ch 250, § 2; SL 1982, ch 273, § 1; SL 1999, ch 192, §§ 1, 6; SL 2007, ch 207, § 1; SL 2025, ch 149, § 1.
S.D. Codified Laws § 36-16-28 — SD Code / Title 36 / Chapter 16 / Section 36-16-28
Report to commission of electrical work done
Status: in_force

Every person registered under the provisions of this chapter or doing electrical work described by § 36-16-15 shall report the same to the State Electrical Commission upon forms furnished by the commission for that purpose.

Source: SL 1963, ch 216, § 14; SL 1986, ch 315, § 12.
S.D. Codified Laws § 36-4A-26.1 — SD Code / Title 36 / Chapter 4A / Section 36-4A-26.1
Scope of practice--Collaboration
Status: in_force

A physician assistant may provide the following medical and surgical services, for which the physician assistant has been prepared by education, training, and experience, and for which the physician assistant is competent to perform:

(1) Evaluate, diagnose, manage, and provide medical treatment;

(2) Obtain and perform comprehensive health histories and physical examinations;

(3) Order, perform, and interpret diagnostic procedures;

(4) Order and perform therapeutic procedures;

(5) Plan and initiate therapeutic regimens that involve ordering and prescribing non-pharmacological interventions;

(6) Order, prescribe, dispense, and administer medical devices, legend drugs, and prescription drugs not listed in § 34-20B-12 ;

(7) Respond to emergencies and institute emergency treatment measures;

(8) Write a chemical or physical restraint order if the patient may do personal harm or harm others;

(9) Complete and sign birth and death certificates and other official documents required by law;

(10) Take x-rays and perform radiologic procedures;

(11) Perform physical examinations for participation in athletics and certify that the patient is healthy and able to participate in athletics;

(12) Certify the health or disability of a patient, as required by any local, state, or federal program;

(13) Educate patients on health promotion and disease prevention;

(14) Write medical orders;

(15) Obtain informed consent;

(16) Assist in surgery;

(17) Perform routine clinical office surgical procedures;

(18) Supervise, delegate, and assign therapeutic and diagnostic measures to assistive personnel; and

(19) Provide consultation upon request.

Whenever a physician assistant orders, prescribes, dispenses, or administers drugs and medical devices, as permitted by subdivision (6), the physician assistant shall ensure that medications or sample drugs provided to a patient are accompanied by written administration instructions, and the physician assistant shall enter appropriate documentation in the patient's record. A physician assistant may request, receive, and sign for professional samples of drugs provided by the manufacturer.

A physician assistant shall collaborate with other health care providers and refer or transfer patients, as necessary and appropriate. Collaboration does not require the physical presence of the appropriate health care provider at the time or place the physician assistant provides services.

The degree of collaboration between a physician assistant and the appropriate health care provider is determined by the policies of the facility at which or practice setting in which the physician assistant is employed.

Source: SL 2007, ch 207, § 10; SL 2025, ch 149, § 11.
S.D. Codified Laws § 36-21B-2 — SD Code / Title 36 / Chapter 21B / Section 36-21B-2
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Appraisal," the act or process of developing an opinion of value of real estate for another and for compensation;

(2) "Appraisal practice," any valuation service, including appraisal, appraisal review, or appraisal consulting, performed by a person acting as an appraiser;

(3) "Evaluation," a valuation of real estate prepared for a federally insured depository institution for a transaction that, pursuant to regulations promulgated by one or more federal financial institution regulatory agency, qualifies for the appraisal threshold exemption, business loan exemption, or subsequent transaction exemption; and

(4) "Federal financial institution regulatory agency," the Federal Deposit Insurance Corporation, National Credit Union Administration, Office of the Comptroller of the Currency, or Board of Governors of the Federal Reserve System.

Source: SL 1995, ch 223, § 2; SL 2013, ch 180, § 2; SL 2020, ch 164, § 1.
S.D. Codified Laws § 36-21A-138.1 — SD Code / Title 36 / Chapter 21A / Section 36-21A-138.1
No duty to volunteer sex offender information--Actual knowledge must be disclosed upon inquiry
Status: in_force

No licensee representing a buyer or tenant has a duty to investigate or volunteer information regarding a registered sex offender residing on or near the property. However, upon inquiry by the licensee's client, the licensee representing a buyer or tenant shall disclose to the client any actual knowledge that the licensee may have regarding a registered sex offender residing on or near the property.

Source: SL 2000, ch 196, § 2.
S.D. Codified Laws § 36-35-9 — SD Code / Title 36 / Chapter 35 / Section 36-35-9
Use of fees
Status: in_force

Any fees collected under this chapter shall be used for the operation of the board and the implementation of this chapter.

Source: SL 2005, ch 206, § 9; SL 2013, ch 184, § 2.
S.D. Codified Laws § 36-31-11 — SD Code / Title 36 / Chapter 31 / Section 36-31-11
Expiration of license--Renewal--Fee--Restoration of forfeited license--Time limit--Continuing competency requirements
Status: in_force

Any license issued by the board, pursuant to the provisions of this chapter, shall expire on the first day of January of the year next succeeding the issuance thereof. A license may be renewed upon the payment of a fee to be fixed annually by the board. Failure of a licensee to renew his license on or before the first day of March of each year, constitutes a forfeiture of such license. However, any person who has forfeited his license under this chapter may have it restored to him by making written application thereof and by payment of the annual renewal fee for the current year and late renewal fee. Late renewal of a license may not be granted more than five years after its expiration. The board may establish, pursuant to chapter 1-26 , additional requirements for license renewal which provide evidence of continuing competency.

Source: SL 1986, ch 323, § 11.
S.D. Codified Laws § 36-13-1.3 — SD Code / Title 36 / Chapter 13 / Section 36-13-1.3
Chain of title defined
Status: in_force

The term, chain of title, means all documents of conveyance given in a continuous succession of title:

(1) With respect to unplatted lands, the smaller of:

(a) Each quarter section of land; or

(b) If a patent was issued for a portion of quarter section of land, then that portion for which that patent was issued; and

(2) With respect to platted lands, a lot as shown on the last subdivision plat recorded against the property. However, if all documents transferring ownership and given in a continuous succession of title ownership from the present owner back in time to the recording of the subdivision plat combine more than one lot, then those multiple lots included in the documents of conveyance shall be considered one chain.

As used in this section, the term, lot, means the smallest intact areas into which land has been subdivided by a subdivision plat map, whether denoted a lot, parcel, tract, undivided block, or other similar designation.

Source: SL 2008, ch 195, § 2.
S.D. Codified Laws § 36-11A-25 — SD Code / Title 36 / Chapter 11A / Section 36-11A-25
Wholesale distributor defined
Status: in_force

For the purposes of §§ 36-11A-20 to 36-11A-46 , inclusive, a wholesale distributor is any person other than a manufacturer, a manufacturer's co-licensed partner, a third-party logistics provider or repackager, engaged in wholesale distribution.

Source: SL 2007, ch 215, § 7; SL 2017, ch 174, § 17.
S.D. Codified Laws § 36-6A-59.2 — SD Code / Title 36 / Chapter 6A / Section 36-6A-59.2
Prohibited contracts
Status: in_force

No contract entered into between a licensee or registrant and any other party under which the licensee or registrant renders dental services may require the licensee or registrant to act in a manner which violates the professional standards for dentistry set forth in this chapter.

Source: SL 2015, ch 199, § 74.
S.D. Codified Laws § 36-21A-65 — SD Code / Title 36 / Chapter 21A / Section 36-21A-65
Exceptions to continuing education requirements
Status: in_force

The commission may make exception from continuing education requirements for licensees not engaged in public practice, or for reasons of health, military service or other good cause. However, if such licensee returns to public practice, he shall meet such continuing education requirements as the commission may determine.

Source: SL 1992, ch 273, § 65.
S.D. Codified Laws § 36-14-12 — SD Code / Title 36 / Chapter 14 / Section 36-14-12
Persons exempt from requirements of chapter
Status: in_force

The provisions of this chapter shall not apply to the following persons, while in the proper discharge of their professional duties:

(1) Persons authorized by the law of this state to practice medicine and surgery;

(2) Employees in state penal and charitable institutions;

(3) Registered nurses;

(4) Persons authorized by the law of this state to practice cosmetology.

The provisions of this section shall not be construed to authorize any of the persons exempted by subdivisions (1) to (3), inclusive, of this section to shave or trim the beard or cut the hair of any adult male person for cosmetic purposes.

Source: SDC 1939, § 27.1602; SL 1977, ch 190, § 176A.
S.D. Codified Laws § 36-8-6 — SD Code / Title 36 / Chapter 8 / Section 36-8-6
Advertising or practice of podiatric medicine without license as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person to advertise or practice podiatric medicine without first obtaining from the Board of Podiatry Examiners a license and an annual license renewal.

Source: SDC 1939, § 27.0803; SL 1959, ch 131, § 4; SL 1977, ch 190, § 155; SL 2018, ch 228, § 2.
S.D. Codified Laws § 36-2-16.5 — SD Code / Title 36 / Chapter 2 / Section 36-2-16.5
Medical record--Search fee--Designees or third parties
Status: in_force

If a patient directs a health care provider or a medical records company to provide a copy of the patient’s medical record directly to another person designated by the patient, or if a third party requests a copy of a patient’s medical record pursuant to an authorization signed by the patient, the healthcare provider or medical records company may charge, in addition to any other fee allowed under §§ 36-2-16.1 to 36-2-17 , inclusive, a fee to search for the medical record, regardless of whether any record is found. The search fee may not exceed eighteen dollars.

Source: SL 2023, ch 134, § 5.
S.D. Codified Laws § 36-21B-7 — SD Code / Title 36 / Chapter 21B / Section 36-21B-7
Penalty for violation of statute or rule
Status: in_force

The secretary of the Department of Labor and Regulation may impose a monetary penalty not to exceed one thousand dollars or require additional educational course requirements, or both, of a person licensed pursuant to this chapter upon proof of a violation of the rules relating to appraisers and appraisals as adopted by the department pursuant to chapter 1-26 or a violation of this chapter.

Source: SL 1993, ch 293, § 5; SL 1995, ch 223, § 8; SL 2004, ch 17, § 239; SL 2009, ch 191, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 162, eff. Apr. 12, 2011.
S.D. Codified Laws § 36-21A-6 — SD Code / Title 36 / Chapter 21A / Section 36-21A-6
Real estate broker and broker defined
Status: in_force

(1) For another and for compensation or consideration or with the intention or expectation of receiving compensation or consideration, directly or indirectly, lists, sells, exchanges, buys, rents, manages, offers or attempts to negotiate a sale, option, exchange, purchase, lease or rental of an interest in real property, or a mobile or manufactured home that has been registered under the provisions of chapters 32-3 to 32-5B , inclusive, unless licensed under chapter 32-7A to sell used mobile or manufactured homes, or advertises or holds himself out as engaged in such activities;

(2) For another and for compensation or consideration or with the intention or expectation of receiving compensation or consideration, directly or indirectly, negotiates or offers or attempts to negotiate a loan, secured or to be secured by a mortgage or other encumbrance on real property;

(3) For another and for compensation or consideration or with the intention or expectation of receiving compensation or consideration, directly or indirectly, lists, sells, exchanges, buys, rents, manages, offers or attempts to negotiate a sale, option, exchange, purchase, lease or rental of any business opportunity or business, or its goodwill, inventory or fixtures, or any interest therein;

(4) For another and for compensation or consideration or with the intention or expectation of receiving compensation or consideration, directly or indirectly, offers, sells or attempts to negotiate the sale of property that is subject to the registration requirements concerning subdivided land;

(5) Charges a fee for undertaking to promote the sale or lease of real property by means of listing in a publication primarily for such purpose;

(6) Engages wholly or in part in the business of selling real property to the extent that a pattern of selling real property is established, unless exempted under the provisions of this chapter;

(7) Is employed by or on behalf of any owner of lots or other parcels of real property for compensation or consideration to sell the real property or any part thereof;

(8) Appraises, evaluates, offers, attempts or agrees to appraise or evaluate real property unless licensed or certified to appraise under some other provision of South Dakota law. Any person performing an appraisal or evaluation pursuant to this subdivision shall comply with the standards established by the secretary pursuant to § 36-21B-3 ;

(9) For another and for compensation or consideration or with the intention or expectation of receiving compensation or consideration, directly or indirectly, prepares or offers to prepare a broker price opinion or a comparative market analysis;

(10) Auctions, offers, attempts or agrees to auction real estate unless licensed to auction real property under some other provision of South Dakota law; or

(11) Buys or offers to buy or sell or otherwise deals in options to buy real property.

Source: SL 1992, ch 273, § 6; SL 1998, ch 230, § 1; SL 2013, ch 178, § 2; SL 2020, ch 163, § 2.
S.D. Codified Laws § 36-21A-55 — SD Code / Title 36 / Chapter 21A / Section 36-21A-55
Transaction of business subjects nonresidents to personal jurisdiction--Service of process--Delivery of copy of process or pleading to executive director
Status: in_force

The holding of a license issued under the provisions of this chapter or participating in a transaction for which a license is required by this chapter is the transaction of business within the state, and a nonresident licensee or unlicensed person so defined is subject to the personal jurisdiction of the courts of this state as provided by § 15-7-2 .

Service of process shall be made upon corporate licensees as provided by chapter 59-11 and otherwise as provided by chapter 15-6 .

Any person licensed under this chapter shall deliver a copy of any process or pleading to which that licensee is a party to the executive director of the commission within ten days of its being served by or upon him. Failure to file with the executive director is not jurisdictional in any action to which a licensee under this chapter may be a party.

Source: SL 1992, ch 273, § 55; SL 2005, ch 202, § 1; SL 2018, ch 236, § 2.
S.D. Codified Laws § 36-21A-97 — SD Code / Title 36 / Chapter 21A / Section 36-21A-97
Issuance of certificate--Annual fee--Cancellation or renewal of certificate--Investigation
Status: in_force

If the application is approved, the commission shall issue a certificate of registration to the applicant. After issuance of a certificate, an annual fee of fifty dollars plus ten dollars for each one hundred lots or fraction thereof computed on the number of lots in the original application shall be due and payable on or before January first of each year. Failure to remit annual fees when due shall automatically cancel the certificate. The certificate may remain valid if the commission determines from satisfactory investigation that the certificate should be renewed. Before issuing the renewal certificate each year, the certificate holder shall furnish to the commission information as may be requested by the commission. If an investigation is required, the cost of making the investigation shall be paid by the certificate holder in advance.

Source: SL 1992, ch 273, § 97.
S.D. Codified Laws § 36-15-17.2 — SD Code / Title 36 / Chapter 15 / Section 36-15-17.2
License required to practice nail technology--Practices constituting nail technology
Status: in_force

No person may engage in the practice of nail technology unless the person is licensed by the commission. A person is engaged in the practice of nail technology if that person, for compensation, a fee, or any valuable consideration, engages in any of the following practices with hands, chemicals, or any mechanical or electrical apparatus or appliance for beautifying or cosmetic purposes:

(1) Cutting, filing, trimming, shaping, polishing, coloring, removing polish, tinting, air - brushing, decorating, cleansing, or otherwise beautifying a person's fingernails or toenails;

(2) Applying and removing artificial nails; or

(3) Massaging, cleansing, and exfoliating a person's hands, arms, feet, and legs.

Nail technology does not include hair removal, cutting nail beds, treating corns or calluses, or any medical treatment involving the feet, hands, or nails.

Source: SL 2003, ch 202, § 4.
S.D. Codified Laws § 36-18A-64 — SD Code / Title 36 / Chapter 18A / Section 36-18A-64
Order becomes final if no hearing requested--Other remedies not precluded
Status: in_force

If no hearing is requested within the thirty days of service of the order, the order becomes final and remains in effect until it is modified or vacated by the board. If the person to whom a cease and desist order is issued fails to appear at the hearing after being duly notified, the person is in default and the proceeding may be determined against that person upon consideration of the cease and desist order, the allegations of which may be considered to be true. Action taken pursuant to this section does not relieve a person from criminal prosecution by a competent authority or from disciplinary action by the board with respect to the person's license, registration, certification, application for examination, or renewal.

Source: SL 1999, ch 195, § 64.
S.D. Codified Laws § 36-6A-47.2 — SD Code / Title 36 / Chapter 6A / Section 36-6A-47.2
Certified translation of document
Status: in_force

An applicant, licensee, or registrant shall provide a certified translation of any document required pursuant to this chapter.

Source: SL 2015, ch 199, § 54.
S.D. Codified Laws § 36-31-21 — SD Code / Title 36 / Chapter 31 / Section 36-31-21
Additional duties of board--Criminal prosecutions--Civil actions
Status: in_force

In addition to the duties set forth elsewhere in this chapter, the board shall:

(1) Recommend prosecutions for violations of this chapter to the appropriate state's attorneys; and

(2) Recommend to the attorney general the bringing of civil actions to seek injunctions and other relief for violations of this chapter.

Source: SL 1986, ch 323, § 21.
S.D. Codified Laws § 36-18A-1 — SD Code / Title 36 / Chapter 18A / Section 36-18A-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Alteration," for the purpose of determining exemptions, any remodeling, renovation, or reconstruction to a building which changes the use, occupancy classification, or occupant load, or the exiting, structural, mechanical, or electrical systems of a building as defined by the building code;

(2) "Architect," any person licensed in good standing and legally authorized to practice architecture in this state;

(3) "Architectural intern," any person who has successfully completed an accredited education program in architecture acceptable to the board and is enrolled in the intern development program administered by the National Council of Architectural Registration Boards;

(4) "Board," the Board of Technical Professions;

(5) "Building," any structure used or intended to support or shelter any occupancy;

(6) "Building or floor area," the sum of the areas of all of the floors of a building, including basements, mezzanine, and intermediate tiers, and penthouses of headroom height, measured from the exterior faces of exterior walls or from the center line of the wall separating buildings. The building area does not include such features as pipe trenches, exterior terraces or steps, chimneys, vent shafts, courts, and roof overhangs. The floor area of enlargements shall be added to the existing building area. A fire or area separation wall is not an exterior wall for the purposes of this definition;

(7) "Building official," the officer or other designated authority charged with the administration and enforcement of the adopted code;

(8) "Business entity," any corporation, partnership, limited liability corporation, limited liability partnership, or sole proprietorship that practices or offers to practice engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation services to the public through its licensed personnel who are either employees, officers, directors, partners, members, managers, or owners and that have been issued a certificate of authorization by the board;

(9) "Construction administration," the interpretation of drawings and specifications, the establishment of standards of acceptable workmanship, and the site observation of construction, by a licensed professional, for the purpose of determining whether the work is in general accordance with the construction contract documents. Shop drawing review, coordination of a construction project among the owner, architect, engineer, contractor, and subcontractors, and inspection of construction by contractors, subcontractors, owner's agents, building officials, or other unlicensed professionals does not constitute construction administration;

(10) "Corrective action," an action taken to minimize, contain, eliminate, remediate, mitigate, or clean up a petroleum release, excluding removal of a petroleum tank of less than one thousand one hundred gallons;

(11) "Design-build," a delivery approach in which a project team of design professionals and builders perform design and construction services under contract with a client;

(12) "Engineer," a person who is qualified to practice engineering by reason of special knowledge and use of the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design, acquired by engineering education and engineering experience;

(13) "Engineering intern" or "engineer-in- training" or "EI" or "EIT," a person enrolled by the board as an engineering intern and who has successfully passed the fundamentals of engineering examination;

(14) "Enlargement," for the purpose of determining exemptions, is any addition to a building which changes the use, occupancy classification, or occupant load, or the exiting, structural, mechanical, or electrical systems of a building as defined by the building code adopted by the board;

(15) "Land surveyor," a person licensed in good standing and legally authorized to practice land surveying in this state;

(16) "Land surveying intern" or "land surveyor-in-training" or "LSI" or "LSIT," a person enrolled by the board as a land surveying intern who has successfully passed the fundamentals of land surveying examination;

(17) "Landscape architect," a person licensed in good standing and legally authorized to practice landscape architecture in this state;

(18) "Landscape architectural intern," a person who has successfully completed an accredited education program in landscape architecture adopted by the board;

(19) "License," a certificate indicating authority to practice and use titles within a profession;

(20) "Licensee," a person or business entity whose license is in good standing;

(21) "Petroleum," gasoline, alcohol-blended fuels, diesel fuels, aviation gasoline, jet fuel, fuel oil, kerosene, burner oil, naphtha, lubricating oils, motor oil, automatic transmission fluid, waste oil, or alcohols that have been denatured with gasoline and stored to be used as blended fuel-grade ethanol;

(22) "Petroleum release assessor," a person licensed in good standing and legally authorized to practice petroleum release assessment in this state;

(23) "Petroleum release remediator," a person licensed in good standing and legally authorized to practice petroleum release remediation in this state;

(24) "Professional engineer," a person licensed in good standing and legally authorized to practice engineering in this state;

(25) "Release," the spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a reportable quantity of petroleum;

(26) "Remedial investigation," an action to identify the corrective action to be taken to protect the public health, safety, and environment and to contain a release of petroleum into the environment;

(27) "Responsible charge," the immediate and responsible direction by a licensed professional who has exercised personal direction, guidance, and control over the design, preparation of documents, construction administration, and other professional services and has exercised professional judgment in all matters relating to those services;

(28) "Retired licensee," a person who is retired and is no longer licensed to practice that person's profession may use the appropriate honorific title or combination of titles of Architect, Retired; Professional Engineer, Retired; Land Surveyor, Retired; or Landscape Architect, Retired;

(29) "Site assessment," an action to identify the existence, source, nature, and extent of a release and the extent of any danger to public health, safety, and welfare of the public or environment;

(30) "Site observation," the visual observation of a construction project for general compliance with submitted plans and specifications at significant stages and at project completion.

Source: SL 1999, ch 195, § 1; SL 2007, ch 219, §§ 1, 2.
S.D. Codified Laws § 36-9A-41 — SD Code / Title 36 / Chapter 9A / Section 36-9A-41
Promulgation of rules
Status: in_force

The board may promulgate rules pursuant to chapter 1-26 pertaining to: licensure and licenses, practice, prescriptive authority, and approval of education programs.

Source: SL 1979, ch 256, § 38; SL 1986, ch 302, § 59; SL 1995, ch 218, § 26; SL 1999, ch 192, § 22; SL 2017, ch 171, § 44; SL 2021, ch 168, § 21.
S.D. Codified Laws § 36-31-17 — SD Code / Title 36 / Chapter 31 / Section 36-31-17
Applicability of chapter1-26
Status: in_force

Any proceeding relative to the cancellation, revocation, or suspension of a license shall conform to the procedure set forth in chapter 1-26 .

Source: SL 1986, ch 323, § 17.
S.D. Codified Laws § 36-13-7 — SD Code / Title 36 / Chapter 13 / Section 36-13-7
Subpoena power of board officers--Administration of oaths--Depositions
Status: in_force

The president and secretary-treasurer of the board have the powers granted by §§ 1-26-19.1 and 1-26-19.2 .

Source: SDC 1939, § 1.0102; revised pursuant to SL 1972, ch 15, § 4; SL 2008, ch 195, § 11.
S.D. Codified Laws § 36-9A-35 — SD Code / Title 36 / Chapter 9A / Section 36-9A-35
Prohibited acts--Violation as misdemeanor
Status: in_force

No person may:

(1) Practice or offer to practice as a certified nurse practitioner or certified nurse midwife without being licensed under this chapter;

(2) Sell or fraudulently obtain or furnish a diploma, license, renewal of license, or any other record necessary to practice under this chapter or aid or abet in such actions;

(3) Practice as a certified nurse practitioner or a certified nurse midwife under cover of any diploma, license, renewal of license, or other record necessary to practice under this chapter that was issued unlawfully or under fraudulent representation;

(4) Use in connection with that person's name a sign, card, device, or other designation tending to imply that the person is a certified nurse practitioner or certified nurse midwife without being licensed under this chapter; or

(5) Practice as a certified nurse practitioner or certified nurse midwife during the time that the person's license has lapsed or has been revoked or suspended.

A violation of this section is a Class 1 misdemeanor.

Source: SL 1979, ch 256, § 26; SL 1994, ch 300, § 2; SL 1995, ch 218, § 24; SL 2017, ch 171, § 39.
S.D. Codified Laws § 36-18A-31 — SD Code / Title 36 / Chapter 18A / Section 36-18A-31
Petroleum release assessor or remediator--Qualifications--Board to establish criteria
Status: in_force

Any applicant for licensure as a petroleum release assessor or remediator shall provide the following evidence satisfactory to the board:

(1) Completion of education and experience requirements; and

(2) Successful completion of examinations.

The board shall promulgate rules pursuant to chapter 1-26 to establish education, experience, and examination criteria.

Source: SL 1999, ch 195, § 31.
S.D. Codified Laws § 36-20B-67 — SD Code / Title 36 / Chapter 20B / Section 36-20B-67
CPA licensed in other state--Continuing privilege to practice
Status: in_force

An individual shall continue to hold practice privileges, without needing to obtain a license under this chapter, if the individual:

(1) Has a principal place of business that is not in this state;

(2) Holds a valid certificate or license as a certified public accountant from any state; and

(3) On or before December 31, 2024, exercised practice privileges in this state under § 36-20B-66 , as it existed on December 31, 2024.

Source: SL 2002, ch 179, § 68; SL 2008, ch 191, § 43; SL 2009, ch 185, § 25; SL 2026, ch 160, § 10.
S.D. Codified Laws § 36-30-2 — SD Code / Title 36 / Chapter 30 / Section 36-30-2
License required--Violation as misdemeanor
Status: in_force

No person may question individuals using a polygraph for the purpose of detecting deception unless the person is a licensed polygraph examiner. A violation of this section is a Class 2 misdemeanor.

Source: SL 1984, ch 174, § 3.
S.D. Codified Laws § 36-2A-1.1 — SD Code / Title 36 / Chapter 2A / Section 36-2A-1.1
Health professional assistance program--Relation to sanctions
Status: in_force

A board may use the program as an alternative to, or in conjunction with, other sanctions that may be imposed by the board.

Source: SL 2021, ch 170, § 2.
S.D. Codified Laws § 36-28-18.1 — SD Code / Title 36 / Chapter 28 / Section 36-28-18.1
Duplicate licenses
Status: in_force

The board may issue a duplicate license and may promulgate rules pursuant to chapter 1-26 and set a fee, which may not exceed one hundred dollars.

Source: SL 1986, ch 302, § 109; SL 2000, ch 199, § 5; SL 2008, ch 191, § 68; SL 2014, ch 186, § 15.
S.D. Codified Laws § 36-9-68 — SD Code / Title 36 / Chapter 9 / Section 36-9-68
Prohibited acts--Misdemeanor
Status: in_force

No person may:

(1) Sell or fraudulently obtain or furnish a diploma, license, renewal of license, or any other record necessary to practice nursing under this chapter or aid or abet in such actions;

(2) Practice nursing as defined in this chapter under cover of any diploma, license, renewal of license, or other record necessary to practice nursing under this chapter that was illegally or fraudulently obtained or signed or was issued unlawfully or under fraudulent representation;

(3) Practice or offer to practice as a registered nurse, licensed practical nurse, registered nurse anesthetist, or clinical nurse specialist without being licensed under this chapter;

(4) Use in connection with the person's name a sign, card, device, or other designation tending to imply that the person is a registered nurse, a licensed practical nurse, a certified registered nurse anesthetist, or a clinical nurse specialist without being licensed under this chapter;

(5) Practice nursing as defined in this chapter during any time that the person's license is lapsed, on inactive status, suspended, or revoked;

(6) Conduct a nursing education program for the preparation of registered nurses, licensed practical nurses, certified registered nurse anesthetists, or clinical nurse specialists unless the program has been approved by the board; or

(7) Otherwise violate any of the provisions of this chapter.

A violation of this section is a Class 1 misdemeanor.

Source: SDC 1939, §§ 27.0907, 27.9921; SL 1947, ch 123, §§ 10, 12; SL 1949, ch 109, §§ 11, 13; SL 1955, ch 91, §§ 1, 11; SDC Supp 1960, §§ 27.0901, 27.9944, 27.9955; SL 1967, ch 101, §§ 1, 12; SDCL § 36-9-27 ; SL 1976, ch 228, §§ 16, 49; SL 1977, ch 190, §§ 157, 158; SL 1979, ch 255, § 67; SL 1994, ch 300, § 1; SL 1995, ch 217, § 6; SL 2016, ch 194, § 38.
S.D. Codified Laws § 36-12-16 — SD Code / Title 36 / Chapter 12 / Section 36-12-16
Continuing validity of previously issued certificates--Recording of names
Status: in_force

All registration certificates to practice veterinary medicine issued prior to July 1, 1961, pursuant to the laws of the State of South Dakota shall be deemed to be a license issued under this chapter, and the secretary of the Board of Veterinary Medical Examiners shall record the names of all parties to whom such registration certificates were issued along with those to whom licenses are issued after such date.

Source: SL 1961, ch 201, § 10.
S.D. Codified Laws § 36-16-22 — SD Code / Title 36 / Chapter 16 / Section 36-16-22
Evidence of experience required for license--Partnership or corporate license
Status: in_force

An individual applying for a license under this chapter shall pay a fee, take an oath, and submit written evidence of having the required experience. If a partnership, company, corporation, or association applies for a license, an officer or manager thereof shall make the application and take the oath and submit evidence as to experience.

Source: SL 1963, ch 216, § 6 (2); SL 1967, ch 128, § 3; SL 1978, ch 272, § 6; SL 2021, ch 177, § 8.
S.D. Codified Laws § 36-6A-50 — SD Code / Title 36 / Chapter 6A / Section 36-6A-50
Fees
Status: in_force

The board shall promulgate nonrefundable fees, by rule pursuant to chapter 1-26 , provided for in this chapter, within the following limits:

(1) Examination fee for dentists, not more than three hundred dollars;

(2) Examination fee for dental hygienists, not more than one hundred fifty dollars;

(3) Annual registration fee for dentists, not more than two hundred dollars;

(4) Annual registration fee for dental hygienists, not more than one hundred dollars;

(5) Duplicate license certificate or annual registration certificate fee, not more than fifteen dollars;

(6) Reinstatement fee, an amount equal to the examination fee;

(7) Continuing education program annual fee, not more than twenty dollars;

(8) Registration certificate for satellite offices, not more than ten dollars;

(9) Temporary registration fee, not more than three hundred fifty dollars;

(10) Annual registration fee for dental radiographers, not more than fifty dollars;

(11) Application fee for dental radiographers, not more than fifty dollars;

(12) Application fee and renewal fee for anesthesia and sedation permits, not more than fifty dollars;

(13) Application fee for dentists, not more than two hundred dollars;

(14) Application fee for dental hygienists, not more than two hundred dollars;

(15) Application fee for registered dental assistants, not more than fifty dollars;

(16) Application fee for dental radiographers, not more than fifty dollars;

(17) Annual registration fee for registered dental assistants, not more than fifty dollars; and

(18) Endorsement or credentials fee for dentists and dental hygienists, not more than six hundred dollars.

Source: SDC 1939, § 27.0610; SL 1943, ch 103; SL 1967, ch 98; SL 1971, ch 213, § 28; SL 1981, ch 275, § 21; SL 1984, ch 250, § 5; SL 1992, ch 269, § 42; SL 2003, ch 199, § 1; SL 2008, ch 191, § 12; SL 2015, ch 199, § 63.
S.D. Codified Laws § 36-20B-1 — SD Code / Title 36 / Chapter 20B / Section 36-20B-1
Definitions
Status: in_force

Terms as used in this chapter mean:

(1) "Board," the South Dakota Board of Accountancy;

(2) "Certificate," a certified public accountant certificate issued pursuant to this chapter or a certified public accountant certificate issued, after examination, under the law of any other state;

(3) "Client," a person that agrees with a licensee to receive a professional service, other than an employer-employee relationship;

(4) "CPA firm" and "PA firm," a sole proprietorship, corporation, partnership, or any other form of organization permitted by law, issued a permit under this chapter;

(5) "Compilation," a service performed in accordance with Statements on Standards for Accounting and Review Services, which presents in the form of financial statements and information that is the representation of management and does not express any assurance on the statements;

(6) "Domestic," referring to a jurisdiction of a state;

(7) "Foreign," referring to a jurisdiction outside of the United States;

(8) "Home office," the location specified by a client as the address to which a service is directed;

(9) "License," a certificate issued pursuant to this chapter, a permit issued pursuant to this chapter, or a registration pursuant to this chapter;

(10) "Licensee," the holder of a certificate or a permit issued pursuant to this chapter;

(11) "Manager," a manager of a limited liability company;

(12) "Member," a member of a limited liability company;

(13) "Owner," a proprietor, partner, officer, shareholder, or member with financial rights in a CPA firm or PA firm;

(14) "Peer review," a study, appraisal, or review of the professional work of a certificate holder or CPA firm, which performs attest or compilation services, by a qualified person or persons, who hold certificates, and who are not affiliated with the certificate holder or CPA firm being reviewed;

(15) "Permit," a permit to practice public accountancy issued to a firm pursuant to this chapter or under corresponding provisions of the laws of other states;

(16) "Practice privilege," the privilege for a person to practice public accountancy;

(17) "Principal place of business," the office location designated by a licensee for the purpose of practice privilege;

(18) "Professional," arising out of, or related to, the specialized knowledge or skills associated with certified public accountants or public accountants;

(19) "Public accountant," a person who holds a public accountant license issued pursuant to provisions of prior law; and

(20) "State," any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands.

Source: SL 2002, ch 179, § 2; SL 2009, ch 185, § 1; SL 2013, ch 175, § 1; SL 2026, ch 160, § 1.
S.D. Codified Laws § 36-21D-2 — SD Code / Title 36 / Chapter 21D / Section 36-21D-2
Appraisal management company defined
Status: in_force

For the purposes of this chapter, the term, appraisal management company, means, in connection with valuing properties and collateralizing mortgage loans or mortgages incorporated into a securitization, any external third party authorized either by a creditor of a consumer credit transaction secured by a consumer's principal dwelling or by an underwriter of or other principal in the secondary mortgage markets, that oversees a network or panel of more than fifteen certified or licensed appraisers in a state or twenty-five or more nationally within a given year to:

(1) Recruit, select, and retain appraisers;

(2) Contract with licensed or certified appraisers to perform appraisal assignments;

(3) Manage the process of having an appraisal performed, including providing administrative duties including:

(a) Receiving appraisal orders and appraisal reports;

(b) Submitting completed appraisal reports to creditors and underwriters;

(c) Collecting fees from creditors and underwriters for services provided; or

(d) Reimbursing appraisers for services performed; or

(4) Review and verify the work of appraisers for compliance with the Uniform Standards of Professional Appraisal Practice.

Source: SL 2011, ch 184, § 2.
S.D. Codified Laws § 36-15-48.2 — SD Code / Title 36 / Chapter 15 / Section 36-15-48.2
Hours completed transferrable between apprenticeship or school
Status: in_force

A person who has completed hours under an apprenticeship or at a licensed school may have those completed hours be transferable between an apprenticeship, program, or school if allowed by the institution to which the person is transferring.

Source: SL 2024, ch 157, § 8.
S.D. Codified Laws § 36-13-6 — SD Code / Title 36 / Chapter 13 / Section 36-13-6
Enforcement of chapter by board--Seal
Status: in_force

The board shall carry out the purposes and enforce the provisions of this chapter.

The board shall have a seal in such form as it may design, but the seal shall contain the words, "State of South Dakota, Abstracters' Board of Examiners."

Source: SDC 1939, §§ 1.0101, 1.0102; revised pursuant to SL 1972, ch 15, § 4; SL 1986, ch 302, § 36; SL 2008, ch 195, § 9.
S.D. Codified Laws § 36-13-16 — SD Code / Title 36 / Chapter 13 / Section 36-13-16
Financial standing of personal sureties on bond--Investigation and property statements
Status: in_force

If a personal surety bond is given under § 36-13-15 , there shall be at least three sureties, each of whom shall justify for the full amount of the bond as a resident and freeholder of this state having unencumbered property in excess of all debts, liabilities, and exemptions allowed by law. The board shall investigate the financial condition of all sureties at least once each year by requiring verified property statements and by such other methods as it may deem advisable. The board may require additional property statements from sureties at any time it may elect.

Source: SDC 1939, § 1.0107; SL 2008, ch 195, § 21.
S.D. Codified Laws § 36-21A-67 — SD Code / Title 36 / Chapter 21A / Section 36-21A-67
Licensees entering United States armed forces--Application for reinstatement--Timing and requirements--Waiver of continuing education
Status: in_force

Any person licensed under this chapter, entering the United States armed forces and whose registration under § 36-21A-61 lapses during his service, may be reinstated to his license, without examination, upon his separation from the armed forces other than by dishonorable discharge. The application for reinstatement shall be made within six months of the separation and shall be accompanied by a copy of a discharge or papers of separation. Continuing education hours that accrue during the time that a licensee was in the armed forces may be waived. The commission may adopt rules pursuant to chapter 1-26 to provide for certification of eligibility, waiver of continuing education and administration.

Source: SL 1992, ch 273, § 67.
S.D. Codified Laws § 36-21A-23 — SD Code / Title 36 / Chapter 21A / Section 36-21A-23
Compensation and expenses of commission members
Status: in_force

The compensation and reimbursement of expenses provided by law for members of the commission shall be paid from the funds of the commission.

Source: SL 1992, ch 273, § 23.
S.D. Codified Laws § 36-37-6 — SD Code / Title 36 / Chapter 37 / Section 36-37-6
Nonmedical endoscopy
Status: in_force

Any person who is licensed as a speech-language pathologist in this state may perform assessment, treatment, and procedures related to speech, voice, resonance, and swallowing function using nonmedical endoscopy as long as the person has received training and is competent to perform these procedures. A licensed speech-language pathologist shall have protocols in place for emergency medical backup when performing procedures using an endoscope.

For the purposes of this section, the term, endoscopy, means an imaging procedure within the scope of practice for speech-language pathologists in which a speech-language pathologist uses a flexible nasal endoscopy, rigid oral endoscopy, or stroboscopy for the purpose of evaluating and treating disorders of speech, voice, resonance, or swallowing function.

Source: SL 2012, ch 196, § 6; SL 2023, ch 141, § 4.
S.D. Codified Laws § 36-21A-15 — SD Code / Title 36 / Chapter 21A / Section 36-21A-15
Quorum of commission
Status: in_force

A majority of the commission, in meetings duly assembled, may perform and exercise all of the duties and powers of the commission. Actions of the commission shall be taken upon a majority vote of those members present.

Source: SL 1992, ch 273, § 15.
S.D. Codified Laws § 36-16-32 — SD Code / Title 36 / Chapter 16 / Section 36-16-32
Correction of condemned installation required before reconnection
Status: in_force

No condemned installation shall be reconnected for service until proof has been furnished that the installation has been brought up to the required standards.

Source: SL 1963, ch 216, § 5 (2); SL 1967, ch 128, § 2.
S.D. Codified Laws § 36-9C-13 — SD Code / Title 36 / Chapter 9C / Section 36-9C-13
Practice in out-of-hospital setting
Status: in_force

For the purposes of this chapter, the practice of a certified professional midwife is the management and care of the low-risk mother-baby unit in an out-of-hospital setting during pregnancy, labor, delivery, and postpartum periods. A certified professional midwife may perform the following scope of practice in an out-of-hospital setting including a licensed birth center:

(1) Initial and ongoing assessment for suitability of midwifery care including assessment of risk;

(2) Prenatal care, including the routine monitoring of vital signs, indicators of fetal development, and ordering of routine prenatal laboratory tests;

(3) Recognizing the limits of knowledge and experience, planning for situations beyond expertise, and consulting with, or referring or transporting clients to other licensed health care providers as appropriate;

(4) Attending and supporting the natural process of labor and birth;

(5) Postpartum care of the mother and an initial assessment and screening of the newborn;

(6) Providing prenatal education, information, and referrals to community resources on childbirth preparation, breastfeeding, exercise, nutrition, parenting, and care of the newborn;

(7) Limited prescriptive authority to administer:

(a) Vitamin K to the baby either orally or through intramuscular injection;

(b) Postpartum antihemorrhagic medication in an emergency situation;

(c) Local anesthetic for repair of a first or second degree perineal laceration;

(d) IV antibiotics for treatment of Group B strep during labor;

(e) Oxygen;

(f) Eye prophylaxis;

(g) RhoGam; and

(8) Preparing and filing of a birth certificate pursuant to § 34-25-9.1 .

Source: SL 2017, ch 172, § 13.
S.D. Codified Laws § 36-15-47 — SD Code / Title 36 / Chapter 15 / Section 36-15-47
Apprentice to practice in licensed salon--Supervision and time required for study and practice
Status: in_force

Any apprentice licensed pursuant to this chapter may practice cosmetology if the practice is performed only in a cosmetology, esthetics, or nail salon, as applicable, licensed pursuant to this chapter; the apprentice is under the constant supervision, control, and direction of a licensed instructor at all times; and the apprentice is actually engaged in the study and practice of cosmetology, esthetics, or nail technology at least forty hours a week. At the election of the apprentice, the apprenticeship may be pursued on a part-time basis, with a minimum of twenty hours per week. The apprentice may elect to revert to full-time status at any time by notifying the commission at least fifteen days prior to the change taking effect.

Source: SDC 1939, § 27.1507 (3) as enacted by SL 1957, ch 118, § 1; SL 1972, ch 206, § 37; SL 1997, ch 218, § 19; SL 2003, ch 202, § 53; SL 2018, ch 232, § 7; SL 2021, ch 176, § 5; SL 2024, ch 157, § 5.
S.D. Codified Laws § 36-21A-139 — SD Code / Title 36 / Chapter 21A / Section 36-21A-139
Buyer's agent may show property to competing clients
Status: in_force

A buyer's or tenant's agent may show properties in which the client is interested to other prospective buyers or tenants without breaching any duty or obligation to the client. This section does not prohibit a buyer's or tenant's agent from showing competing clients the same property and from assisting competing clients in attempting to purchase or lease a particular property.

Source: SL 1998, ch 229, § 16.
S.D. Codified Laws § 36-14-29 — SD Code / Title 36 / Chapter 14 / Section 36-14-29
Barbershop license--Display--Transfer prohibited--Expiration
Status: in_force

The license required by § 36-14-27 must be conspicuously displayed in the barbershop. A license is not transferable from person to person, location to location, or to a new operator at the same location. The license expires on May thirty-first each year.

Source: SDC 1939, § 27.1607 as added by SL 1961, ch 132; SL 2025, ch 155, § 4, eff. Mar. 10, 2025.
S.D. Codified Laws § 36-18A-3 — SD Code / Title 36 / Chapter 18A / Section 36-18A-3
Practice of engineering, design coordination, and engineering studies defined
Status: in_force

For the purposes of this chapter, the term, practice of engineering, means the practice or offering to practice of any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to such services or creative work. Such service or work includes consultation; investigation; evaluation; planning; design; and design coordination of engineering works and systems; planning the use of land and water; land-use studies; teaching of advanced engineering design subjects; performing engineering studies; and the review or observation of construction for the purpose to determine whether the work is in general accordance with drawings, specifications, and other technical submissions. Any such service or work, either public or private, may be in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products, or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, insofar as they involve safeguarding life, health, or property, and including such other professional services as are necessary to the planning, progress, and completion of any engineering services.

For the purposes of this section, the term, design coordination, includes the review and coordination of those technical submissions prepared by others, including consulting engineers, architects, landscape architects, land surveyors, and other professionals working under the direction of the engineer. The term, engineering studies, includes all activities required to support the sound conception, planning, design, construction, maintenance, and operation of engineered projects, but excludes the surveying of real property for the establishment of land boundaries, rights-of-way, easement exhibits relating to land boundaries, and the dependent or independent surveys or resurveys of the public land survey system.

A person is construed to practice or offer to practice engineering if the person practices any branch of the profession of engineering, if the person, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself or herself to be a professional engineer, or if the person through the use of some other title implies that the person is a professional engineer or that the person is licensed under these provisions, or if the person holds himself or herself out as able to perform or does perform any engineering service or work or any other service designated by the practitioner which is recognized as engineering.

Source: SL 1999, ch 195, § 3; SL 2007, ch 219, § 5.
S.D. Codified Laws § 36-31A-1 — SD Code / Title 36 / Chapter 31A / Section 36-31A-1
Participation in compact--Authorization
Status: in_force

The State of South Dakota is hereby authorized to participate in the interstate compact on occupational therapy licensure, as set forth in this chapter.

Source: SL 2023, ch 139, § 1.
S.D. Codified Laws § 36-20B-29 — SD Code / Title 36 / Chapter 20B / Section 36-20B-29
Information to be provided concerning status of certificate or permit in another state--Personal and criminal information
Status: in_force

An applicant for initial issuance or renewal of a certificate under this chapter shall in the application, list any state in which the applicant has applied for or holds a certificate, license, or permit and list any past denial, revocation, or suspension of a certificate, license, or permit. Each holder of or applicant for a certificate under this chapter shall notify the board in writing, within thirty days after its occurrence, of any issuance, denial, revocation, or suspension of a certificate, license, or permit by another state, change of address or employment, or any conviction of a felony.

Source: SL 2002, ch 179, § 30.
S.D. Codified Laws § 36-31A-12 — SD Code / Title 36 / Chapter 31A / Section 36-31A-12
Compact as law--Commission standing--Oversight--Dispute resolution--Enforcement
Status: in_force

A. The following terms and conditions are also applicable:

1. The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact’s purposes and intent, provided this compact and the rules promulgated hereunder have standing as statutory law;

2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact, which may affect the powers, responsibilities, or actions of the commission; and

3. The commission is entitled to receive service of process in any such proceeding, and has standing to intervene in such a proceeding for all purposes, provided a failure to provide service of process to the commission renders a judgment or order void as to the commission, this compact, or promulgated rules.

B. The following terms and conditions are also applicable:

1. If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:

a. Provide written notice to the defaulting state and other member states regarding the nature of the default, the proposed means of curing the default, and any other action to be taken by the commission; and

b. Provide remedial training and specific technical assistance regarding the default;

2. If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination, provided a cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default;

3. Termination of membership in the compact may be imposed only after all other means of securing compliance have been exhausted;

4. Notice of intent to suspend or terminate must be given by the commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states;

5. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination;

6. The commission may not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state; and

7. The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices, provided the prevailing member must be awarded all costs of litigation, including reasonable attorney’s fees.

C. The following terms and conditions are also applicable:

1. Upon request by a member state, the commission shall attempt to resolve disputes related to the compact, which arise among member states and between member and non-member states; and

2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

D. The following terms and conditions are also applicable:

1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact;

2. By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws, provided the relief sought may include both injunctive relief and damages;

3. If judicial enforcement is necessary, the prevailing member must be awarded all costs of litigation, including reasonable attorney’s fees; and

4. The remedies set forth in this section are not the exclusive remedies of the commission and the commission may pursue other remedies available under federal or state law.

Source: SL 2023, ch 139, § 12.
S.D. Codified Laws § 36-7-25.1 — SD Code / Title 36 / Chapter 7 / Section 36-7-25.1
Prohibited acts
Status: in_force

Nothing in this chapter may be construed to allow the performance, by an optometrist, of:

(1) Intraocular injections;

(2) Intraocular surgery; or

(3) Refractive surgery.

Source: SL 2024, ch 155, § 5.
S.D. Codified Laws § 36-24-12.1 — SD Code / Title 36 / Chapter 24 / Section 36-24-12.1
Authority of Board of Hearing Aid Dispensers and Audiologists
Status: in_force

The board may:

(1) Establish educational, training, and competency standards governing the examination and practice of licensees using board-approved national accrediting agencies and accepted nationally established standards, if applicable;

(2) Examine an eligible applicant for a hearing aid dispensing license;

(3) Issue a license to an applicant who has met the licensure requirements of this chapter and renew the licenses of audiologists and hearing aid dispensers who meet the renewal requirements for licensure of this chapter;

(4) Establish continuing education requirements;

(5) Establish a budget;

(6) Establish peer review committees for audiologists and licensed hearing aid dispensers for review purposes;

(7) Employ personnel in accordance with the needs and budget of the board;

(8) Establish and collect fees as provided for by this chapter;

(9) Enter into contracts as necessary to carry out the board’s responsibilities pursuant to the provisions of this chapter;

(10) Revoke, suspend, refuse to issue or renew a license, issue a letter of reprimand or concern, require restitution of fees, or impose probationary conditions in the manner provided in this chapter;

(11) Issue subpoenas, examine witnesses, administer oaths, conduct hearings, and investigate allegations, in accordance with chapter 36-1C , of violations of this chapter and impose penalties if such violations of this chapter have occurred;

(12) Communicate disciplinary actions and licensure status to relevant state and federal governing bodies as may be required, including the National Practitioner Data Bank; and

(13) Carry out the purposes and enforce the provisions of this chapter.

Source: SL 1997, ch 221, § 18; SL 2003, ch 272 (Ex. Ord. 03-1), § 36; SL 2024, ch 159, § 11.
S.D. Codified Laws § 36-26-38 — SD Code / Title 36 / Chapter 26 / Section 36-26-38
Record of license data kept by secretary-treasurer--Evidence--Certified copies
Status: in_force

The secretary-treasurer of the board shall keep a record by entering the name of each person who has been granted a license pursuant to the provisions of this chapter, the license number, and the date the license was issued or renewed. The record may be admitted as evidence in any court. The original records of the board shall be kept at the office of the secretary-treasurer of the board. The secretary-treasurer shall furnish any person requesting a copy of any record, certified by the secretary-treasurer, upon payment of a fee of twenty-five cents per page.

Source: SL 1975, ch 22, § 38; SL 2015, ch 200, § 3.
S.D. Codified Laws § 36-37-12 — SD Code / Title 36 / Chapter 37 / Section 36-37-12
Powers and duties of board
Status: in_force

The board has the following powers and duties:

(1) Administer, coordinate, and enforce the provisions of this chapter, evaluate the qualifications of applicants, supervise the examination of applicants, and issue and renew licenses;

(2) Issue subpoenas, examine witnesses, administer oaths, conduct hearings, and, at its discretion, investigate allegations of violations of this chapter and impose penalties for any violations;

(3) Promulgate rules pursuant to chapter 1-26 to delineate qualifications for licensure, specify requirements for the renewal of licensure, regulate the delivery of services via telepractice, establish standards of professional conduct, specify procedures for suspension and revocation of licensure, establish a schedule of disciplinary actions for violations of professional conduct, permit inactive licensures, establish procedures for collection and management of fees and payments, establish application, biennial licensure, biennial renewal, and late fees not to exceed one hundred fifty dollars each delineate activities that may or may not be delegated to an assistant, and specify requirements for supervision of speech-language pathology assistants based on national guidelines;

(4) Have available the names and addresses of persons currently licensed pursuant to the provisions of this chapter;

(5) Employ personnel in accordance with its needs and budget;

(6) Request legal advice and assistance, as needed, from the Office of the Attorney General;

(7) Enter into such contracts as necessary to carry out its responsibilities under this chapter;

(8) Hire legal counsel;

(9) Establish a budget;

(10) Submit reports of its operations and finances as required by § 4-7-7 . 2;

(11) Adopt an official seal by which it shall authenticate its proceedings, copies, records, acts of the board, and licenses;

(12) Develop procedures for:

(a) Monitoring a license holder's compliance with the requirements of this chapter;

(b) Monitoring a license holder who is ordered by the board to perform certain acts;

(c) Identifying a license holder who presents a risk to the public; and

(d) Initiating appropriate actions regarding a license holder who presents a risk to the public;

(13) Develop a system for monitoring complaints filed with the board, procedures for providing assistance to a person who wishes to file a complaint, and a schedule for disposing of complaints in a timely manner;

(14) Communicate disciplinary actions to relevant state and federal authorities including the National Practitioners Database and the American Speech-Language-Hearing Association Board of Ethics and to other state speech-language pathology licensing authorities; and

(15) Perform any other duties directly related to the administration of the provisions of this chapter.

No member of the board is liable for civil action for any act performed in good faith in the performance of the member's duties as prescribed by law.

Source: SL 2012, ch 196, § 12.
S.D. Codified Laws § 36-4-36 — SD Code / Title 36 / Chapter 4 / Section 36-4-36
Previously licensed physicians not affected
Status: in_force

Nothing in this chapter shall in any way prohibit, interfere with or affect whatsoever in any way physicians and surgeons, osteopathic physicians and osteopaths licensed prior to July 1, 1949, from practicing their respective professions in all of the branches that their respective licenses permitted at the time said licenses were granted.

Source: SL 1949, ch 106, § 4; SDC Supp 1960, § 27.0304.
S.D. Codified Laws § 36-18A-51 — SD Code / Title 36 / Chapter 18A / Section 36-18A-51
Business to report changes in information supplied on application--Time limit
Status: in_force

The business entity shall file with the board a written report of any change in the information submitted on the application that occurs during the term of the certificate of authorization. The business entity shall report the change within thirty days after the effective date of the change. Failure to provide the report constitutes grounds for the board to suspend or revoke the certificate of authorization.

Source: SL 1999, ch 195, § 51.
S.D. Codified Laws § 36-20B-30 — SD Code / Title 36 / Chapter 20B / Section 36-20B-30
Certificate to holder of foreign designation--Conditions
Status: in_force

The board must issue a certificate to a holder of a foreign designation that the board determines to be comparable to a certificate issued by this state, if:

(1) The foreign authority that granted the designation makes similar provision to allow a person who holds a valid certificate issued by this state to obtain the foreign authority's comparable designation;

(2) The foreign designation was duly issued by a foreign authority that regulates the practice of public accountancy, based on educational and examination requirements established by the foreign authority, or by statute, and the foreign designation has not expired or been revoked or suspended;

(3) The applicant received the designation, based on educational and examination standards that the board determines to be comparable to those in effect in this state, at the time the foreign designation was granted, and the designation was issued upon the basis of educational, examination, and experience requirements established by the foreign authority or by law;

(4) The applicant has passed a qualifying examination, which uses a grading system that is uniform with those applicable in other states, and an examination approved by the board, on the law, rules, and code of ethical conduct in effect in this state;

(5) The applicant received the designation based on educational and examination standards that the board determines to be comparable to those in effect in this state at the time the foreign designation was granted;

(6) The applicant has:

(a) Completed an experience requirement that the board determines to be comparable to the requirement provided in this chapter, in the jurisdiction that granted the foreign designation;

(b) Completed four years of professional experience in this state; or

(c) Met equivalent requirements prescribed by the board, by rule promulgated pursuant to chapter 1-26 , within the ten years immediately preceding the application; and

(7) The applicant passed a uniform qualifying examination consistent with national standards, and an examination on the laws, rules, and code of ethical conduct in effect in this state.

An applicant under this section shall list in the application all jurisdictions in which the applicant has applied for, or holds, a designation to practice public accountancy. Each holder of a certificate issued under this section shall notify the board in writing, within thirty days after its occurrence, of any issuance, denial, revocation, or suspension of a designation, or commencement of a disciplinary or enforcement action by any jurisdiction.

Source: SL 2002, ch 179, § 31; SL 2026, ch 160, § 8.
S.D. Codified Laws § 36-20B-56 — SD Code / Title 36 / Chapter 20B / Section 36-20B-56
Public accountant--Restrictions on use of title and designations
Status: in_force

No person who does not hold a valid license may use or assume the title, public accountant, or the abbreviation, PA, or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such person is a public accountant.

No firm may provide attest services or assume or use the title, public accountants, or the abbreviation, PAs, or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such firm is a PA firm unless:

(1) The firm holds a valid permit issued under this chapter; and

(2) Ownership of the firm is in accordance with this chapter and rules promulgated by the board in accordance with chapter 1-26 .

Source: SL 2002, ch 179, § 57.
S.D. Codified Laws § 36-27A-24 — SD Code / Title 36 / Chapter 27A / Section 36-27A-24
Renewal of license--Fee--Forfeiture--Restoration
Status: in_force

The license shall be renewed annually by payment of a fee, not to exceed three hundred fifty dollars, to be set by the Board of Examiners of Psychologists in rules promulgated pursuant to chapter 1-26 . The failure of a licensee to renew the license by the first day of July each year constitutes a forfeiture. However, a person who forfeits his license may have it restored by making written application and payment of the required renewal fee prior to the first day of January of the next year, following notification from the board.

Source: SL 1976, ch 235, § 29; SDCL Supp, § 36-27-30; SL 1981, ch 281, § 24; SL 1993, ch 297, § 4; SL 2008, ch 191, § 64.
S.D. Codified Laws § 36-4B-18.2 — SD Code / Title 36 / Chapter 4B / Section 36-4B-18.2
Community paramedic--Endorsement--Eligibility
Status: in_force

A community paramedic endorsement is hereby created. The board may issue a community paramedic endorsement to an individual who is licensed as a paramedic and:

(1) Completes the education requirements and training approved by the board and promulgated in accordance with § 36-4B-35 ; or

(2) Is certified as a community paramedic by the International Board of Specialty Certification.

Source: SL 2023, ch 135, § 1; SL 2024, ch 153, § 18; SL 2025, ch 151, § 1.
S.D. Codified Laws § 36-18A-75 — SD Code / Title 36 / Chapter 18A / Section 36-18A-75
Certain activities of golf course designers authorized--"Golf course designer" defined
Status: in_force

Nothing in this chapter prohibits any person from engaging in the practice of, or offering to engage in practice as, a golf course designer. For purposes of this section, the term, golf course designer, means a person who performs professional services such as consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications, and responsible supervision, if the predominant purpose of such service is the design of a golf course.

Source: SL 2001, ch 207, § 1.
S.D. Codified Laws § 36-31-10 — SD Code / Title 36 / Chapter 31 / Section 36-31-10
Issuance of license upon payment of fee
Status: in_force

The board shall issue a license to any person who meets the requirements of this chapter upon payment of the prescribed license fee.

Source: SL 1986, ch 323, § 10.
S.D. Codified Laws § 36-20B-43 — SD Code / Title 36 / Chapter 20B / Section 36-20B-43
Findings of investigation--Effect
Status: in_force

At the conclusion of the investigation under § 36-1C-4 , if the subject of the investigation is an individual with practice privileges under the provisions of § 36-20B-66 or 36-20B-67 , the board staff shall proceed in accordance with chapter 1-26 . If the subject of the investigation is not a licensee or an individual with privileges under this chapter, the board shall take appropriate action under this chapter. Upon a finding of no probable cause, the board shall close the matter and shall thereafter release information relating thereto only with the consent of the person or firm under investigation.

Source: SL 2002, ch 179, § 44; SL 2009, ch 185, § 10; SL 2021, ch 168, § 29.
S.D. Codified Laws § 36-2A-16 — SD Code / Title 36 / Chapter 2A / Section 36-2A-16
Physician wellness program defined--Students eligible
Status: in_force

The term, "physician wellness program," as used in §§ 36-2A-16 to 36-2A-19 , inclusive, means a program of evaluation, counseling, or other modality to address an issue related to career fatigue or wellness in a person licensed to practice medicine or osteopathy under chapter 36-4 or a physician assistant licensed under chapter 36-4 A.

A student enrolled at the school of medicine at the University of South Dakota is eligible to participate in a physician wellness program.

Source: SL 2021, ch 171, § 1; SL 2024, ch 151, § 1, eff. Mar. 18, 2024.
S.D. Codified Laws § 36-15-54 — SD Code / Title 36 / Chapter 15 / Section 36-15-54
Practice outside licensed salon or booth prohibited--Exceptions
Status: in_force

Cosmetology, nail technology, and esthetics may only be practiced in a licensed salon or booth, notwithstanding the following exceptions:

(1) Demonstrations: a demonstrator may perform a demonstration of cosmetology services for compensation, fee, or any other remuneration;

(2) Limited mobility clients: a licensee may practice cosmetology services on persons unable to come to the salon because of imprisonment, disabling sickness, or other disability so long as the licensee documents the service through a salon or booth; and

(3) Special events: a licensee may practice limited services within the scope of the license for special events, such as weddings, fashion shows, school dances, professional photography sessions, or other events approved by the commission, so long as the licensee documents the service through a salon or booth. The limited services that may be performed at such special events are the following: the nonpermanent manipulation of the hair, such as styling, wrapping, arranging, braiding, twisting, weaving, extending, fusing, dressing, curling, setting, and straightening; the application of nail polish to the nails; and the application of makeup to the skin.

Source: SDC 1939, § 27.1513; SL 1957, ch 118, § 1; SL 1972, ch 206, § 45; SL 1997, ch 218, § 25; SL 2003, ch 202, § 61; SL 2014, ch 181, § 1.
S.D. Codified Laws § 36-10-48 — SD Code / Title 36 / Chapter 10 / Section 36-10-48
Injunction--Election of remedy
Status: in_force

Any person violating this chapter may be enjoined from further violations at the suit of the state's attorney of the county in which the violations occurred, or suit may be brought by any resident of this state.

An action for injunction is an alternative to criminal proceedings, and the commencement of one proceeding by the State Board of Physical Therapy constitutes an election.

Source: SL 1972, ch 205, § 30; revised pursuant to SL 1972, ch 15, § 4; SL 2023, ch 136, § 30.
S.D. Codified Laws § 36-31A-6 — SD Code / Title 36 / Chapter 31A / Section 36-31A-6
New home state license--Compact privilege
Status: in_force

A. An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only one member state at a time.

B. If an occupational therapist or occupational therapy assistant changes the primary state of residence by moving between two member states:

1. The occupational therapist or occupational therapy assistant shall file an application for obtaining a new home state license by virtue of a compact privilege, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the commission.

2. Upon receipt of an application for obtaining a new home state license by virtue of compact privilege, the new home state shall verify that the occupational therapist or occupational therapy assistant meets the criteria outlined in § 36-31A-5 via the data system, without need for primary source verification, except for:

a. A Federal Bureau of Investigation fingerprint-based criminal background check, if not previously performed or updated pursuant to rules adopted by the commission, in accordance with Public Law 92-544;

b. Any other criminal background check, as required by the new home state; and

c. Submission of any jurisprudence requirements of the new home state.

3. The former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with rules adopted by the commission.

4. Notwithstanding any other provision of this compact, if the occupational therapist or occupational therapy assistant cannot meet the criteria in § 36-31A-5 , the new home state shall apply its requirements for issuing a new single-state license.

5. The occupational therapist or the occupational therapy assistant shall pay all applicable fees to the new home state in order to be issued a new home state license.

C. If an occupational therapist or occupational therapy assistant changes the primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, the state criteria applies for issuance of a single-state license in the new state.

D. Nothing in this compact interferes with a licensee’s ability to hold a single-state license in multiple states, provided, for purposes of this compact, a licensee may have only one home state license.

E. Nothing in this compact affects the requirements established by a member state for the issuance of a single-state license.

Source: SL 2023, ch 139, § 6.
S.D. Codified Laws § 36-9A-13.1 — SD Code / Title 36 / Chapter 9A / Section 36-9A-13.1
Collaboration with other health care providers
Status: in_force

The certified nurse practitioner or certified nurse midwife shall collaborate with other health care providers and refer or transfer patients as appropriate.

Source: SL 1999, ch 192, § 13; SL 2017, ch 171, § 18.
S.D. Codified Laws § 36-28-9 — SD Code / Title 36 / Chapter 28 / Section 36-28-9
Adoption of rules by board for determining qualifications and competence of administrators--License holders deemed qualified
Status: in_force

The board shall adopt rules pursuant to chapter 1-26 to determine the qualifications and competence of any person to serve as an administrator of a nursing facility under the provisions of this chapter. The holder of a license under the provisions of this chapter may serve as the administrator of a nursing facility.

Source: SL 1969, ch 113, § 10; SDCL Supp, § 34-12A-8; SL 1996, ch 239, § 1; SL 2000, ch 199, § 1.
S.D. Codified Laws § 36-21A-147 — SD Code / Title 36 / Chapter 21A / Section 36-21A-147
Office policies--Relationships--Written disclosure
Status: in_force

Every responsible broker shall develop and maintain a written office policy that specifically sets forth agency and brokerage relationships that the broker may establish. At the first substantive contact with a seller or buyer who has not entered into a written agreement with a broker, the licensee shall:

(1) Disclose in writing to that person the types of agency and brokerage relationships the broker is offering to that person; and

(2) Provide that person with a written copy of a disclosure on a form prescribed by the commission.

The written disclosure shall contain a signature block for the client or customer to acknowledge receipt of the disclosure. The customer's acknowledgment of disclosure does not constitute a contract with the licensee. If the customer fails or refuses to sign the disclosure, the licensee shall note that fact on a copy of the disclosure and retain the copy.

After a seller and buyer have entered into a written agency or brokerage agreement with a broker, no other licensee is required to make the disclosures required by this section.

The commission may prescribe the disclosure form by rules promulgated pursuant to chapter 1-26 .

Source: SL 1998, ch 229, § 24.
S.D. Codified Laws § 36-25-19.4 — SD Code / Title 36 / Chapter 25 / Section 36-25-19.4
Expiration of licenses issued under §36-25-19--Renewal
Status: in_force

A license issued under § 36-25-19 expires annually on the following dates:

(1) For a plumbing contractor or plumber, December thirty-first; and

(2) For a water conditioning contractor, water conditioning installer, appliance contractor, appliance installer, sewer and water contractor, sewer and water installer, manufactured and mobile home contractor, manufactured and mobile home installer, underground irrigation contractor, underground irrigation installer, or individual and small on-site wastewater system installer; June thirtieth.

An expired license may be renewed no later than six months following the date of expiration.

Source: SL 2022, ch 153, § 2.
S.D. Codified Laws § 36-26-1 — SD Code / Title 36 / Chapter 26 / Section 36-26-1
Definition of terms
Status: in_force

Terms as used in this chapter, unless the context otherwise requires, mean:

(1) "Board," the Board of Social Work Examiners established under this chapter;

(2) "Social work," the professional activity for fee of helping individuals, groups, or communities enhance or restore their capacity for social functioning and creating societal conditions favorable for this goal. Social work practice consists of the professional specialized and disciplined application of social work skills secured by formalized education or substitute work experience as permitted under § 36-26-15 .

Source: SL 1975, ch 22, § 1.
S.D. Codified Laws § 36-9-99 — SD Code / Title 36 / Chapter 9 / Section 36-9-99
General funds not to be used to support compact
Status: in_force

No state general funds shall be used to support the Nurse Licensure Compact.

Source: SL 2016, ch 194, § 43.
S.D. Codified Laws § 36-6A-8 — SD Code / Title 36 / Chapter 6A / Section 36-6A-8
Compensation of board members and secretary-treasurer--Expenditures
Status: in_force

Out of the funds coming into the possession of the board, the board members may receive the compensation and reimbursement of expenses provided by law. The secretary-treasurer shall in addition thereto be paid a stipend approved by the board. The board may expend funds necessary for the board to administer and carry out the provisions of this chapter, the amount of the expenditures to be set by the board. Any member, if serving as a regional or national dental examiner, may receive compensation from the examining agency.

Source: SDC 1939, § 27.0603; SL 1971, ch 213, § 7; SL 1981, ch 275, § 2[4]; SL 1992, ch 269, § 7; SL 2015, ch 199, § 6.
S.D. Codified Laws § 36-12-29 — SD Code / Title 36 / Chapter 12 / Section 36-12-29
Severability of provisions
Status: in_force

If any section, subsection, sentence, or word of this chapter shall be determined by a court of competent jurisdiction to be unconstitutional or inoperative, it shall not affect the remaining portions of this chapter.

Source: SL 1961, ch 201, § 21.
S.D. Codified Laws § 36-5-15.1 — SD Code / Title 36 / Chapter 5 / Section 36-5-15.1
Chiropractic physician preceptor program
Status: in_force

The board may establish a chiropractic physician preceptor associate program. The board may promulgate rules pursuant to chapter 1-26 to implement this section.

Source: SL 1979, ch 251; SL 2021, ch 173, § 20.
S.D. Codified Laws § 36-6A-44.2 — SD Code / Title 36 / Chapter 6A / Section 36-6A-44.2
Criteria for license to practice as dental hygienist
Status: in_force

Any person desiring to practice as a dental hygienist may obtain a license to practice as a dental hygienist if the applicant satisfies each of the following criteria:

(1) The application for a license to practice as a dental hygienist is in writing and signed by the applicant;

(2) The applicant has passed a standardized national comprehensive examination approved by the board;

(3) The applicant has graduated from an American Dental Association Commission on Dental Accreditation accredited United States dental hygiene school, having obtained a dental hygiene degree;

(4) Within five years preceding the date of application, the applicant has passed a clinical regional or national examination approved by the board or a state examination or examinations that the board deems equivalent;

(5) The applicant has passed an examination concerning the state laws and rules relating to dentistry;

(6) The applicant has no disciplinary proceeding or unresolved disciplinary complaint pending before a dental board at the time a license is to be issued by the board; and

(7) The applicant provides references that indicate the applicant is of good moral character.

The board may require a laboratory or clinical examination of an applicant if it has reason to believe the applicant cannot practice safely.

Any foreign-trained or any other graduate from a dental hygiene program not accredited by the American Dental Association Commission on Dental Accreditation may apply for a license to practice as a dental hygienist. The board, by rule promulgated pursuant to chapter 1-26 , shall establish requirements to reasonably ensure that an applicant's training and education are sufficient for licensure.

Source: SL 2015, ch 199, § 50.
S.D. Codified Laws § 36-4-31 — SD Code / Title 36 / Chapter 4 / Section 36-4-31
Proceedings for cancellation, revocation, or suspension of license, resident license, or certificate
Status: in_force

The proceedings for cancellation, revocation, or suspension of a license, resident license, or certificate shall be conducted in compliance with chapter 1-26 . However, the Board of Examiners may dispense with the requirement of prior notice and an informal meeting set forth in § 1-26-29 if the board finds that the public health, interest, or safety require otherwise or that willful acts have been alleged.

Source: SDC 1939, § 27.0306; SL 1949, ch 106, § 9; SL 1957, ch 116; SDC Supp 1960, § 27.0310; SL 1969, ch 105, § 3; revised pursuant to SL 1972, ch 15, § 4; SL 1989, ch 321; SL 2009, ch 178, § 11; SL 2013, ch 172, § 12.
S.D. Codified Laws § 36-8-12 — SD Code / Title 36 / Chapter 8 / Section 36-8-12
Licensing of podiatrists from other states
Status: in_force

The Board of Podiatry Examiners shall promulgate rules, pursuant to chapter 1-26 , to establish an application fee not to exceed five hundred dollars to license podiatrists from other states. The board may issue a license to podiatrists of other states maintaining requirements for the practice of podiatry equal to the standard provided by this chapter.

Source: SDC 1939, § 27.0805; SL 1959, ch 131, § 6; SL 1971, ch 214, § 2; SL 1979, ch 254, § 2; SL 2018, ch 228, § 7.
S.D. Codified Laws § 36-38-26 — SD Code / Title 36 / Chapter 38 / Section 36-38-26
Certain assistant behavior analysts and paraprofessionals ineligible
Status: in_force

No assistant behavior analyst or paraprofessional who has been convicted of a felony or misdemeanor involving moral turpitude as defined in subdivision 22-1-2 (25) during the past five years may deliver applied behavior analysis services under the direction of a behavior analyst.

Source: SL 2016, ch 199, § 26.
S.D. Codified Laws § 36-15-48 — SD Code / Title 36 / Chapter 15 / Section 36-15-48
Instructor's report on apprentice--Promulgation of rules
Status: in_force

The commission shall adopt reasonable rules pursuant to chapter 1-26 pertaining to a report on the apprentice's progress and education received from a licensed instructor.

Source: SDC 1939, § 27.1507 (4) as enacted by SL 1957, ch 118, § 1; SL 1972, ch 206, § 39; SL 2003, ch 202, § 55; SL 2018, ch 232, § 9; SL 2024, ch 157, § 6.
S.D. Codified Laws § 36-9-51.1 — SD Code / Title 36 / Chapter 9 / Section 36-9-51.1
Hearing required for license revocation, suspension, or reissuance
Status: in_force

Any license may be suspended, revoked, or reissued only after a hearing conducted by a hearing examiner appointed by the board or by a majority of the members of the board.

Source: SL 1976, ch 228, § 39; SL 1979, ch 255, § 47; SL 1986, ch 307, § 30; SL 2016, ch 194, § 32.
S.D. Codified Laws § 36-9C-32 — SD Code / Title 36 / Chapter 9C / Section 36-9C-32
Promulgation of rules
Status: in_force

The board shall promulgate rules pursuant to chapter 1-26 pertaining to:

(1) Licensing and licenses;

(2) The practice and scope, pursuant to § 36-9C-13 , of certified professional midwives and certified professional midwife students;

(3) Fees;

(4) Approval of certified professional midwife education programs; and

(5) Criteria for low-risk pregnancy and delivery.

Source: SL 2017, ch 172, § 32; SL 2021, ch 168, § 22.
S.D. Codified Laws § 36-27A-16 — SD Code / Title 36 / Chapter 27A / Section 36-27A-16
Residence requirement for exemptions
Status: in_force

To qualify for the exemptions specified in § 36-27A-13 , 36-27A-14 or 36-27A-15 , the applicant for licensure shall have lived in South Dakota for one year preceding the time the Board of Examiners of Psychologists receives the application for licensure.

Source: SL 1981, ch 281, § 16.
S.D. Codified Laws § 36-15-47.1 — SD Code / Title 36 / Chapter 15 / Section 36-15-47.1
Licensed instructors to teach apprentices--Fee for education prohibited
Status: in_force

Only an instructor licensed under this chapter may teach an apprentice in any of the practices of cosmetology. The instructor, the salon, or anyone connected with the apprenticeship may not charge, receive, or accept any fee or anything of value except services for the education.

Source: SL 1972, ch 206, § 38; SL 2003, ch 202, § 54; SL 2018, ch 232, § 8.
S.D. Codified Laws § 36-25-2 — SD Code / Title 36 / Chapter 25 / Section 36-25-2
State Plumbing Commission created--Appointment and qualifications of members
Status: in_force

There is created a State Plumbing Commission which shall perform all functions exercised by the former State Plumbing Board. The commission shall be composed of five members who shall be appointed by the Governor. The members shall not be all of the same political party. One member shall be a plumber, one a plumbing contractor, one a representative of the State Department of Health, and two shall be lay persons. Each member shall be a resident of this state.

Source: SL 1970, ch 222, § 2(1); SL 1975, ch 5, § 3; SL 1980, ch 376, §§ 17, 19, 20.
S.D. Codified Laws § 36-34-25 — SD Code / Title 36 / Chapter 34 / Section 36-34-25
Reinstatement or new recognition, certification, or license--Costs of suspension or revocation
Status: in_force

Any practitioner whose recognition, certification, or license to practice has been suspended or revoked may be reinstated or a new recognition, certification, or license may be issued, as the case may be, if in the discretion of the board, such action is warranted. The board may require the applicant to pay all costs of the proceedings resulting in the applicant's suspension or revocation including the amount paid by the board for legal expenses and attorney fees.

Source: SL 2004, ch 253, § 26; SL 2013, ch 183, § 24.
S.D. Codified Laws § 36-6A-59.1 — SD Code / Title 36 / Chapter 6A / Section 36-6A-59.1
Unprofessional or dishonorable conduct
Status: in_force

The term, unprofessional or dishonorable conduct, as used in this chapter includes:

(1) Presenting to the board any license, certificate, or diploma which was obtained by fraud or deception practiced in passing a required examination or which was obtained by the giving of false statements or information on applying for the license;

(2) Illegally, fraudulently, or wrongfully obtaining a license or registration or renewal required by this chapter by the use of any means, devices, deceptions, or help in passing any examination or by making false statements or misrepresentations in any applications or information presented;

(3) Engaging in fraud or deception during the course of the applicant's education;

(4) Engaging in fraud or material deception in the course of professional services or activities;

(5) Conviction of a felony, conviction of a criminal offense arising out of the practice of dentistry, or conviction of a criminal offense involving moral turpitude;

(6) Allowing professional incompetence by a dental hygienist or dental auxiliary working under his or her supervision due to a deliberate or negligent act or acts or failure to act;

(7) Violating any provision of this chapter or any rule promulgated thereunder;

(8) Engaging in lewd or immoral conduct in connection with the delivery of dental services to a patient;

(9) Employing, assisting, or enabling in any manner an unlicensed person to practice as a dentist or dental hygienist or a person that does not hold a registration to practice as a registered dental assistant or dental radiographer;

(10) Assisting, enabling, or permitting a dental hygienist or dental auxiliary to perform any dental service other than those authorized by this chapter or any rule promulgated thereunder;

(11) Performing dental services other than those authorized by this chapter or any rule promulgated thereunder;

(12) Failure to maintain adequate safety and sanitary conditions for a dental clinic in accordance with the standards set forth in this chapter or any rule promulgated thereunder;

(13) Engaging in false or misleading advertising or advertising of a dental business or dental services in which untruthful or improbable statements are made or which are calculated to mislead or deceive the public;

(14) Except as permitted by chapter 47-12 , dividing fees with, promising to pay a part of a fee to, or to pay a commission to any dentist or any other person who sends patients for treatment or operation. Nothing in this subdivision prohibits dentists from forming a bona fide partnership for the practice of dentistry, nor the actual employment of a licensee or registrant;

(15) Substance use or drug addiction, calculated in the opinion of the board to affect the licensee's or registrant's practice of the profession;

(16) Prescribing intoxicants, narcotics, barbiturates, or other habit-forming drugs to any person in quantities and under circumstances making it apparent to the board that the prescription was not made for legitimate medicinal purposes related to the practice of dentistry or prescribing in a manner or in amounts calculated in the opinion of the board to endanger the well-being of an individual patient or the public in general;

(17) Continuing to practice after sustaining any physical or mental disability which renders the further practice of a licensee's or registrant's profession potentially harmful or dangerous;

(18) Failure to comply with state or federal laws on keeping records regarding possessing and dispensing of narcotics, barbiturates, and habit-forming drugs;

(19) Falsifying the dental records of a patient or any official record regarding possession and dispensing of narcotics, barbiturates, and habit-forming drugs or regarding any phase of dental treatment of a patient;

(20) The exercise of influence within the dentist-patient relationship for the purposes of engaging a patient in sexual activity. For the purposes of this subdivision, the patient is presumed incapable of giving free, full, and informed consent to sexual activity with the dentist;

(21) Engaging in sexual harassment;

(22) Providing or prescribing dental services or treatments which are inappropriate or unnecessary;

(23) Any practice or conduct which tends to constitute a danger to the health, welfare, or safety of the public or patients or engaging in conduct which is unbecoming of a dentist, dental hygienist, dental radiographer or registered dental assistant;

(24) Discipline by another state, territorial, or provincial licensing board or the licensing board of the District of Columbia if the violation is also a violation of this chapter or any rule promulgated thereunder;

(25) Not reporting to the board discipline by another state, territorial, or provincial licensing board or the licensing board of the District of Columbia; and

(26) Not reporting to the board a conviction of any criminal offense of the grade of felony, any conviction of a criminal offense arising out of the practice of dentistry, or one in connection with any criminal offense involving moral turpitude.

Source: SL 2015, ch 199, § 73.
S.D. Codified Laws § 36-11-31 — SD Code / Title 36 / Chapter 11 / Section 36-11-31
Pharmacy business name or advertising prohibited unless licensed--Penalty
Status: in_force

Only a person that has a pharmacy license issued by the board may:

(1) Carry on, conduct, or transact business under a name that contains the term or words "drugstore," "pharmacy," or any term implying the operation of a pharmacy; and

(2) Advertise, describe, or refer to a place of business, in any manner, by the terms "drugstore" or "pharmacy," or any other term or words implying the operation of a pharmacy.

A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 27.1017; SL 1967, ch 102, § 17; SL 1992, ch 158, § 83; SL 2025, ch 154, § 17.
S.D. Codified Laws § 36-28-23 — SD Code / Title 36 / Chapter 28 / Section 36-28-23
Action by board for license violation--Revocation or suspension of license
Status: in_force

The board may investigate and take appropriate action if it comes to the attention of the board that a licensee may have violated a provision of this chapter or a rule promulgated pursuant to this chapter. The board may revoke or suspend a license of any licensee violating any provision of this chapter and any rule promulgated pursuant to this chapter.

Source: SL 1969, ch 113, § 11 (5); SDCL Supp, § 34-12A-23; revised pursuant to SL 1972, ch 15, § 3; SL 2014, ch 186, § 22.
S.D. Codified Laws § 36-32-64.1 — SD Code / Title 36 / Chapter 32 / Section 36-32-64.1
Licensed professional counselor--Exception to minimum-hour degree requirement--Compact eligibility
Status: in_force

Notwithstanding subsection 36-32-64 (1)(b), the board may issue a license as a professional counselor to an applicant who has received a master's or a doctoral degree, consisting of less than sixty credit hours but no less than forty-eight credit hours in counseling, from an accredited counseling program recognized by the board, if the applicant otherwise satisfies the requirements for licensure in § 36-32-64 .

An applicant who is issued a license as a professional counselor under this section is not eligible to participate in the counseling licensure compact adopted by § 36-32A-2 .

Source: SL 2024, ch 164, § 2.
S.D. Codified Laws § 36-9C-16 — SD Code / Title 36 / Chapter 9C / Section 36-9C-16
Requirements for license renewal
Status: in_force

To renew the license, the license holder shall, before the expiration date, return to the board:

(1) The renewal notice;

(2) Evidence of meeting the re-certification requirements for CPM re-certification by the North American Registry of Midwives;

(3) Evidence that the license holder has a minimum of one hundred forty hours in the preceding twelve-month period, or four hundred eighty hours in the preceding six-year period, of patient care, employment, or volunteer work in midwifery;

(4) An affidavit that the licensee has committed no act of misconduct as set forth by § 36-9C-22 ; and

(5) The prescribed renewal fee.

Upon receipt of the requirements, and if not otherwise disqualified pursuant to § 36-9C-22 , the board shall issue to the license holder a certificate of license renewal. The certificate of renewal shall indicate the expiration date of the license.

Source: SL 2017, ch 172, § 16.
S.D. Codified Laws § 36-14-13 — SD Code / Title 36 / Chapter 14 / Section 36-14-13
Registration and licensing of barbers--Qualification
Status: in_force

Any person who meets the following requirements is entitled to a license or certificate of registration as a registered barber:

(1) Is at least eighteen years old;

(2) Submits an application in compliance with § 36-14-18 ;

(3) Completes fifteen hundred hours of education or equivalent credit hours in a barber college or school approved by the board; and

(4) Passes the written test and practical barber demonstration certified by the board.

Source: SDC 1939, § 27.1609; SL 1961, ch 133; SL 1964, ch 88, § 2; SL 1968, ch 117, § 3; SL 1976, ch 229, § 1; SL 1979, ch 257, § 3; SL 1986, ch 314, § 1; SL 2017, ch 175, § 3; SL 2022, ch 149, § 2.
S.D. Codified Laws § 36-11A-33 — SD Code / Title 36 / Chapter 11A / Section 36-11A-33
Continuing training of designated representative--Confidentiality of information
Status: in_force

The designated representative identified pursuant to subdivision 36-11A-28(7) shall receive and complete continuing training in applicable federal and state laws governing wholesale distribution of prescription drugs.

The information provided under § 36-11A-28 may not be disclosed to any person or entity other than a state board or agency, government board, or government agency, determined to be comparable by the board, provided such licensing authority, government board, or agency needs such information for licensing or monitoring purposes.

Source: SL 2007, ch 215, § 15.
S.D. Codified Laws § 36-4B-34.2 — SD Code / Title 36 / Chapter 4B / Section 36-4B-34.2
Data of peer review committee--Disclosure--Discovery--Admissibility--Testimony
Status: in_force

The proceedings, records, reports, statements, minutes, or any other data whatsoever of any committee described in § 36-4B-34.1 relating to peer review activities defined in § 36-4B-34.4 , are not subject to discovery or disclosure under chapter 15-6 or any other provision of law, and are not admissible as evidence in any action of any kind in any court or arbitration forum, except as provided in this section. No person in attendance at any meeting described in § 36-4B-34.1 is required to testify as to what transpired at such meeting. The prohibition relating to discovery of evidence does not apply to deny an emergency medical technician at any level access to, or use of, information upon which a decision regarding the person's staff privileges or employment are based. The prohibition relating to discovery of evidence does not apply to deny any person or the person's counsel in defense of an action against that person access to the materials covered under this section.

Source: SL 2004, ch 244, § 2.
S.D. Codified Laws § 36-31-6 — SD Code / Title 36 / Chapter 31 / Section 36-31-6
Application for licensure--Requirements
Status: in_force

Any applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file a written application provided by the board, showing to the satisfaction of the board that he meets the following requirements:

(1) Residence: Applicant need not be a resident of this state;

(2) Character: Applicant shall be of good moral character;

(3) Education: Applicant shall present evidence satisfactory to the board of having successfully completed the academic requirements of an educational program in occupational therapy recognized by the board:

(a) The occupational therapy educational program must be accredited by the committee on allied health education and accreditation/American Medical Association in collaboration with the American Occupational Therapy Association;

(b) The occupational therapy assistant educational program must be approved by the American Occupational Therapy Association.

(4) Experience: Applicant shall submit to the board evidence of having successfully completed a period of supervised fieldwork experience arranged by the recognized educational institution where he met the academic requirements or by the nationally recognized professional association:

(a) For an occupational therapist, a minimum of six months of supervised fieldwork experience is required;

(b) For an occupational therapy assistant, a minimum of two months of supervised fieldwork experience is required.

(5) Examination: An applicant for licensure as an occupational therapist or as an occupational therapy assistant shall pass an examination approved by the board upon recommendation by the occupational therapy committee;

(6) Certification: In order to apply physical agent modalities as defined in § 36-31-1 , an occupational therapist or occupational therapist assistant is qualified pursuant to this subdivision, as follows:

(a) Has successfully completed twenty-five hours of American Occupational Therapy Association or American Physical Therapy Association approved education covering physical agent modalities and completed a supervised mentorship to include five case studies on each class of modality to be incorporated into patient care;

(b) Is certified as a hand therapist by the Hand Therapy Certification commission or other equivalent entity recognized by the board; or

(c) Has completed education during a basic occupational therapy educational program that included demonstration of competencies on each class of the physical agent modalities.

A supervising therapist or mentor may be a physical therapist, a certified hand therapist, or an occupational therapist who has completed a supervised mentorship and has five years of clinical experience utilizing each class of physical agent modalities; or an occupational therapist who has graduated from an occupational therapy program whose curriculum includes physical agent modality education.

Source: SL 1986, ch 323, § 6; SL 2005, ch 205, § 2; SL 2021, ch 175, § 8.
S.D. Codified Laws § 36-24-39.2 — SD Code / Title 36 / Chapter 24 / Section 36-24-39.2
Disciplinary actions
Status: in_force

Any person licensed under this chapter is subject to the disciplinary actions of this section. Disciplinary actions are subject to contested case procedure in chapter 1-26 . The board may impose, separately or in combination, any of the following disciplinary actions:

(1) Refuse to issue or renew a license;

(2) Issue a letter of reprimand or concern;

(3) Require the licensee to reimburse the board for the costs of an investigation and proceedings;

(4) Impose probationary conditions;

(5) Suspend or revoke a license;

(6) Impose practice or supervision requirements, or both; or

(7) Require the licensee to attend continuing education programs specified by the board.

Source: SL 1997, ch 221, § 50; SL 2024, ch 159, § 24.
S.D. Codified Laws § 36-21A-108 — SD Code / Title 36 / Chapter 21A / Section 36-21A-108
Defense by commission of action against recovery fund--Motion for dismissal--Compromise
Status: in_force

The commission may defend any action on behalf of the fund and shall have recourse to all appropriate means of defense and review including examination of witnesses. The commission may move the court at any time to dismiss the application if it appears there are no triable issues and the petition is without merit. The motion may be supported by affidavit of any person having knowledge of the facts and may be made on the basis that the petition, and the judgment referred to therein, does not form the basis for a meritorious recovery claim within the purview of §§ 36-21A-101 to 36-21A-115 , inclusive. The commission shall give written notice to the applicant and judgment debtor ten days before the date set for hearing such motion. The commission may, subject to court approval, compromise a claim based upon the application of an aggrieved party. It is not bound by any prior compromise or stipulation of the judgment debtor.

Source: SL 1992, ch 273, § 108.
S.D. Codified Laws § 36-11A-44 — SD Code / Title 36 / Chapter 11A / Section 36-11A-44
Retention of transaction files--Inspection
Status: in_force

Each file shall be:

(1) Maintained by the purchaser and the licensee for six years from the date of the transaction; and

(2) Available for inspection or use within two business days upon a request of an authorized officer of the law.

Source: SL 2007, ch 215, § 26; SL 2017, ch 174, § 26.
S.D. Codified Laws § 36-24-25.1 — SD Code / Title 36 / Chapter 24 / Section 36-24-25.1
Issuance of license to out-of-state licensee--Promulgation of rule
Status: in_force

The board may issue a hearing aid dispensing license or audiology license to a person who holds a valid license from another state in the person's respective professional area who:

(1) Applies to the board on a form prescribed by the board;

(2) Pays the application fee, not to exceed three hundred fifty dollars, set by the board by rule promulgated pursuant to chapter 1-26 ; and

(3) Shows proof of a current valid license from a state with equivalent licensure standards.

An applicant for a hearing aid dispensing license who holds a current license to practice hearing aid dispensing in another state is exempt from the requirement of subdivision 36-24-17.2 (5) upon furnishing proof of a current, valid license and passage of a board-approved national examination.

Source: SL 1997, ch 221, § 35; SL 2008, ch 191, § 50; SL 2024, ch 159, § 17.
S.D. Codified Laws § 36-8-3 — SD Code / Title 36 / Chapter 8 / Section 36-8-3
Officers of board--Promulgation of rules by board--Seal
Status: in_force

The Board of Podiatry Examiners shall elect from its members a president and a secretary-treasurer.

The board shall, pursuant to chapter 1-26 , promulgate the rules consistent with the laws of this state as may be necessary for the licensure, examination, revocation, and suspension of a license.

The board shall have an official seal.

Source: SDC 1939, § 27.0802; SL 1959, ch 131, § 3; SL 1972, ch 15, § 4; SL 1986, ch 302, § 66; SL 2018, ch 228, § 1.
S.D. Codified Laws § 36-21A-5 — SD Code / Title 36 / Chapter 21A / Section 36-21A-5
Association defined
Status: in_force

For the purposes of this chapter, an association is any body of persons united and acting together without a charter, but upon the methods and forms used by incorporated bodies for the prosecution of some common enterprise. It is an unincorporated society and not a partnership. It is a body of persons invested with some, yet not full, corporate rights and powers.

Source: SL 1992, ch 273, § 5.
S.D. Codified Laws § 36-27A-14 — SD Code / Title 36 / Chapter 27A / Section 36-27A-14
Exemption from examination requirement
Status: in_force

An applicant for licensure as a psychologist is exempt from the examination requirement of § 36-27A-12 if the Board of Examiners of Psychologists receives the application for licensure on or before January 1, 1982.

Source: SL 1981, ch 281, § 14.
S.D. Codified Laws § 36-28-12.1 — SD Code / Title 36 / Chapter 28 / Section 36-28-12.1
Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees
Status: in_force

Each applicant for licensure as a nursing facility administrator in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the board all information obtained as a result of the criminal background check. This information shall be obtained prior to permanent licensure of the applicant. The board may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the board. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation.

Source: SL 2012, ch 193, § 6.
S.D. Codified Laws § 36-9-11 — SD Code / Title 36 / Chapter 9 / Section 36-9-11
Removal of board members
Status: in_force

The Governor may remove any member from the Board of Nursing for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct.

Source: SL 1955, ch 91, § 3; SDC Supp 1960, § 27.0903 (1); SL 1967, ch 101, § 3 (1); SL 1979, ch 255, § 5.
S.D. Codified Laws § 36-10B-11 — SD Code / Title 36 / Chapter 10B / Section 36-10B-11
License by reciprocity--Qualifications
Status: in_force

The board may issue a license to an applicant who is licensed as a dietitian or nutritionist in another state or territory of the United States if, the standards for licensure in that state are not less stringent than the requirements set forth in this chapter.

Source: SL 1996, ch 240, § 11.
S.D. Codified Laws § 36-10-25 — SD Code / Title 36 / Chapter 10 / Section 36-10-25
Other practitioners--Scope of practice
Status: in_force

Persons licensed under this title, while practicing within the limits of their licensure, are not prohibited from doing so by this chapter.

Source: SL 1955, ch 96, § 10; SDC Supp 1960, § 27.9956; SDCL, § 36-10-3; SL 1972, ch 205, § 25; SL 2023, ch 136, § 10.
S.D. Codified Laws § 36-29-2 — SD Code / Title 36 / Chapter 29 / Section 36-29-2
Unlicensed practice as misdemeanor--Exemptions
Status: in_force

It is a Class 2 misdemeanor for any individual to practice or attempt to practice athletic training without first obtaining a license pursuant to this chapter.

Nothing in this chapter may be construed to prevent or restrict the:

(1) Activities of a student pursuing a supervised course of study leading to a degree or licensure in athletic training; or

(2) Practice of an individual:

(a) Employed by or affiliated with an individual or athletic team from a different state or jurisdiction temporarily practicing or competing in this state; and

(b) Who only practices on the individual or members of the athletic team that the individual is employed or affiliated with.

Source: SL 1984, ch 255, § 2; SL 2024, ch 162, § 3.
S.D. Codified Laws § 36-12-12 — SD Code / Title 36 / Chapter 12 / Section 36-12-12
Application for license as veterinarian--Education requirement--Fee--Promulgation of rules
Status: in_force

Any person who is over the age of eighteen years desiring to begin the practice of veterinary medicine or veterinary surgery in the State of South Dakota shall make application to the Board of Veterinary Medical Examiners for license to do so. The application shall be made on a form furnished by the board and shall be accompanied by evidence that the applicant has graduated in and received a degree from an accredited or approved college of veterinary medicine, holds a current certificate issued by the American Veterinary Medical Association Education Commission for foreign veterinary graduates, or holds a certificate from the Program for Assessment of Veterinary Education Equivalence from the American Association of Veterinary State Boards, indicating that the applicant has demonstrated knowledge and skill equivalent to that possessed by a graduate of an accredited or approved college of veterinary medicine. Every person applying to the board for license to practice shall pay to the board a fee, not to exceed one hundred dollars, which shall become a part of the funds of the treasury of the board.

The board shall promulgate rules pursuant to chapter 1-26 to set the application for licensure fee and establish the educational training, reciprocity, discipline, and examination standards for the licensure for the practice of veterinary medicine and veterinary technicians. Application fees for veterinarians may not exceed one hundred dollars and application fees for veterinary technicians may not exceed twenty-five dollars.

Source: SDC 1939, § 40.0207; SL 1961, ch 201, § 6; revised pursuant to SL 1972, ch 15, § 4; SL 1986, ch 302, § 34; SL 1986, ch 313, § 3; SL 1993, ch 279, § 2; SL 2008, ch 191, § 28; SL 2010, ch 191, § 1.
S.D. Codified Laws § 36-6A-40.2 — SD Code / Title 36 / Chapter 6A / Section 36-6A-40.2
Hygienist preventative and therapeutic services--Evidence of requirements--Fee--Promulgation of rules
Status: in_force

A dental hygienist seeking to provide preventive and therapeutic services under collaborative supervision shall submit evidence, as prescribed by the board, of meeting the requirements of § 36-6A-40.1 and shall pay a fee set by the board.

The board shall, by rules promulgated pursuant to chapter 1-26 , establish the:

(1) Required fee, not to exceed thirty dollars;

(2) Minimum requirements for a collaborative agreement;

(3) Preventive and therapeutic services that may be performed;

(4) Location or facilities where services may be performed; and

(5) Evidence required to demonstrate the knowledge required pursuant to § 36-6A-40.1 .

Source: SL 2011, ch 178, § 2; SL 2024, ch 154, § 2.
S.D. Codified Laws § 36-13-11.1 — SD Code / Title 36 / Chapter 13 / Section 36-13-11.1
Criminal background investigation of applicants
Status: in_force

Each applicant for a certificate of registration shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the board all information obtained as a result of the criminal background check. This information shall be obtained prior to the issuance of any permanent certificate of registration. The board may require a state and federal criminal background investigation for any abstracter who is the subject of a disciplinary investigation by the board. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a certificate of registration. The applicant shall pay any fees charged for the cost of fingerprinting or the criminal background investigation.

Source: SL 2008, ch 195, § 37.
S.D. Codified Laws § 36-34-13.1 — SD Code / Title 36 / Chapter 34 / Section 36-34-13.1
Prohibition on use of titles
Status: in_force

No person may represent oneself as a licensed or certified addiction counselor, addiction counselor trainee, addiction counselor supervisee, certified prevention specialist, prevention specialist trainee, prevention specialist supervisee, peer support specialist, peer support specialist trainee, or peer support specialist supervisee, or any other title that includes those words unless the person is recognized, certified, or licensed under this chapter.

Source: SL 2008, ch 199, § 2; SL 2013, ch 183, § 11; SL 2026, ch 163, § 5.
S.D. Codified Laws § 36-15-16 — SD Code / Title 36 / Chapter 15 / Section 36-15-16
Persons exempt from chapter
Status: in_force

This chapter does not apply to services rendered by regularly licensed physicians, physician assistants, nurses, podiatrists, chiropractors, physical therapists, occupational therapists, morticians, barbers, or licensed demonstrators when exclusively engaged in the practice of their respective professions.

Source: SDC 1939, § 27.1514; SL 1957, ch 118, § 1; SL 1972, ch 206, § 16; SL 2003, ch 202, § 19.
S.D. Codified Laws § 36-12-8.1 — SD Code / Title 36 / Chapter 12 / Section 36-12-8.1
Executive secretary--Duties--Bond--Limitation on board's expenditures
Status: in_force

The Board of Veterinary Medical Examiners may employ an executive secretary who shall have such duties as may be provided by resolution of the Board of Examiners. The board may expend the necessary funds for an office, furniture, fixtures, supplies, and administrative services. The board may require the executive secretary to furnish a bond for faithful performance of duties in such sum as the board may from time to time direct. No expenses may be incurred by the board in excess of the accumulated revenue available to the board at the time the expense is incurred.

Source: SL 1986, ch 313, § 8; SL 1989, ch 326, § 2; SL 1993, ch 279, § 1.
S.D. Codified Laws § 36-8-14 — SD Code / Title 36 / Chapter 8 / Section 36-8-14
Licensee not to mislead as to qualifications
Status: in_force

A licensee under this chapter shall be designated as a licensed podiatrist and shall not mislead the public as to his professional qualifications.

Source: SDC 1939, § 27.0807; SL 1959, ch 131, § 8.
S.D. Codified Laws § 36-4-22.2 — SD Code / Title 36 / Chapter 4 / Section 36-4-22.2
Report of facility suspending or revoking licensee's privilege to practice medicine therein--Immunity
Status: in_force

Every facility licensed by the state where medicine is practiced which suspends or revokes the privilege of a licensee of the Board of Medical and Osteopathic Examiners to practice medicine therein for incompetence or unprofessional conduct as defined in this chapter shall report it in writing to the board including the factual basis of such revocation or suspension. Any report made to the board pursuant to this section shall be confidential and subject to the same restrictions set forth in § 36-4-31.5 as evidence taken by the board on cancellation, revocation, suspension or limitation proceedings. A licensed facility, complying in good faith with this section, may not be held liable for any injury or damage proximately resulting from such compliance.

Source: SL 1985, ch 297, § 15.
S.D. Codified Laws § 36-28-13 — SD Code / Title 36 / Chapter 28 / Section 36-28-13
Emergency permit--Duration of permit--Rules--Fee
Status: in_force

The board may issue an emergency permit to practice as a nursing facility administrator for a period not to exceed one year to a qualified person filing a written application with the board. The board may adopt rules pursuant to chapter 1-26 regarding application procedures, renewal procedures, supervision, and the nonrefundable fee for an emergency permit which may not exceed four hundred dollars.

Source: SL 1969, ch 113, § 14; SDCL Supp, § 34-12A-13; SL 1986, ch 302, § 105; SL 1996, ch 239, § 3; SL 2014, ch 186, § 9.