S.D. Codified Laws § 36-27A-29 — SD Code / Title 36 / Chapter 27A / Section 36-27A-29
Proceedings for suspension or revocation--Reissuance
Status: in_force

The proceedings for suspension or revocation of a license may be initiated if the Board of Examiners of Psychologists has information that a licensee may be guilty of any misconduct listed in § 36-27A-28 . All proceedings related to the revocation or suspension of a license shall conform to the procedure set forth in chapter 1-26 .

Source: SL 1976, ch 235, § 37; SDCL Supp, § 36-27-38; SL 1981, ch 281, § 30; SL 1993, ch 297, § 5.
S.D. Codified Laws § 36-4B-21 — SD Code / Title 36 / Chapter 4B / Section 36-4B-21
Immunity from liability of licensees--Exceptions
Status: in_force

No person, licensed and authorized pursuant to this chapter may be liable for any civil damages for any act or omission in connection with services given outside a hospital where the life of a patient is in immediate danger, unless the act or omission is inconsistent with the person's training, or the act or omission was the result of gross negligence or willful misconduct.

Source: SL 1978, ch 269, § 21.
S.D. Codified Laws § 36-2-17 — SD Code / Title 36 / Chapter 2 / Section 36-2-17
Medical record--Immunity from liability
Status: in_force

A licensee, complying in good faith with §§ 36-2-16.1 to 36-2-16.7 , inclusive, may not be held liable for any injury or damage proximately resulting from that compliance.

Source: SL 1981, ch 258, § 4; SL 2023, ch 134, § 8.
S.D. Codified Laws § 36-6A-23 — SD Code / Title 36 / Chapter 6A / Section 36-6A-23
Sanctions authorized for violation of chapter
Status: in_force

The board may impose any of the following sanctions, singly or in combination, if it finds that a person, entity, licensee, registrant, or dental corporation has violated any provision of this chapter or any rule promulgated thereunder:

(1) Revoke a license, registration, or permit for an indefinite period;

(2) Suspend a license, registration, or permit for a specific or indefinite length of time;

(3) Place on condition or limit a license, registration, or permit;

(4) Issue a censure or a letter of reprimand;

(5) Place a licensee or registrant on probationary status and require the licensee or registrant to report regularly to the board on the matters which are the basis for probation, limit the licensee's or registrant's practice to areas prescribed by the board and require professional education until a satisfactory degree of skill has been attained in those areas which are the basis of the probation. The board may withdraw the probation if the board finds the deficiencies which require disciplinary action have been remedied;

(6) Other sanctions which the board finds appropriate;

(7) Impose a fee to reimburse the board in an amount equal to all or part of the costs incurred for the investigation and proceedings resulting in disciplinary action authorized by this chapter or the issuance of a cease and desist order. The costs include the amount paid by the board for services from attorneys, investigators, court reporters, witnesses, expert witnesses, reproduction of records, board members' per diem compensation, board staff time, and expenses incurred for the investigation and disciplinary proceedings; and

(8) Deny an application for a license, registration, or permit.

Source: SL 1981, ch 275, § 28; SL 1986, ch 305, § 3; SL 1992, ch 269, § 57; SL 2015, ch 199, § 22.
S.D. Codified Laws § 36-21A-21 — SD Code / Title 36 / Chapter 21A / Section 36-21A-21
Meetings of commission
Status: in_force

The commission shall meet annually and at other times upon call by the executive director, chairperson, or upon a written request of three or more members of the commission. The place of meeting of the commission shall be at the office of the executive director or other places within South Dakota as designated by the commission.

Source: SL 1992, ch 273, § 21; SL 2013, ch 177, § 8.
S.D. Codified Laws § 36-11-19.5 — SD Code / Title 36 / Chapter 11 / Section 36-11-19.5
Nonresident pharmacy license--Expiration and renewal--Fee--Promulgation of rules--Reinstatement--Change of ownership
Status: in_force

Each nonresident pharmacy license expires on June thirtieth following the date of issuance. The board shall provide a renewal application to each licensee before June first of each year. If the licensee does not submit a renewal application, accompanied by the renewal fee, before the expiration date, the license lapses on the date of expiration. The board shall promulgate rules, pursuant to chapter 1-26 , to establish the renewal fee, which may not exceed two hundred dollars. If the renewal application is submitted after the expiration of the license, the board must assess a fifty-dollar late fee and may reinstate the license.

If a majority of ownership of a licensed nonresident pharmacy changes, the new owners must, within thirty days after the ownership change:

(1) Submit the renewal application, indicating the change of ownership; and

(2) Pay the renewal fee established by the board as provided in this section.

Source: SL 1997, ch 217, § 4; SL 2025, ch 154, § 10.
S.D. Codified Laws § 36-25-8 — SD Code / Title 36 / Chapter 25 / Section 36-25-8
Officers of commission--Terms of office
Status: in_force

The members of the commission shall, within thirty days after their appointment, meet and elect a president and vice - president from their own number, and elect or appoint a secretary - treasurer who need not be one of their number, each of whom shall hold their respective office for a term of one year and until their successors are elected and qualified.

Source: SL 1970, ch 222, § 2 (3).
S.D. Codified Laws § 36-9-72 — SD Code / Title 36 / Chapter 9 / Section 36-9-72
Injunction to prevent unlawful practice--Election of remedies
Status: in_force

The board may in the name of the people of the State of South Dakota, through the attorney general of the State of South Dakota, or in the board's own name apply for an injunction in the circuit court for the county of the person's residence to enjoin any person who:

(1) Is unlawfully practicing nursing as defined in this chapter without a license issued by the board;

(2) Is practicing nursing as defined in this chapter under a license that is lapsed, on inactive status, suspended, or revoked;

(3) Is endangering, or threatening to endanger, the health or safety of those entrusted to the licensee's or applicant's care in the practice of nursing as defined in this chapter.

An action for injunction is an alternate to criminal proceedings, and the commencement of one proceeding by the board constitutes an election. Upon the filing of a verified complaint, the court, if satisfied by affidavit or otherwise, that the person is or has been engaging in unlawful or dangerous practice as described in this section, may issue a temporary injunction, without notice or bond, enjoining the defendant from further practice as a registered nurse, licensed practical nurse, certified registered nurse anesthetist, or clinical nurse specialist.

Source: SL 1955, ch 91, § 12; SDC Supp 1960, § 27.0911; SL 1967, ch 101, § 11; SL 1976, ch 228, § 51; SL 1979, ch 255, § 69; SL 1995, ch 217, § 7; SL 2016, ch 194, § 39.
S.D. Codified Laws § 36-19-1 — SD Code / Title 36 / Chapter 19 / Section 36-19-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Board," the State Board of Funeral Service;

(2) "Branch chapel," a separate facility with a visitation room or chapel, in which no embalming is permitted, and which is owned by, a subsidiary of, or otherwise financially connected to or controlled by a licensed funeral establishment;

(3) "Funeral director," any person engaged in or holding out as being engaged in:

(a) Conducting funeral services and burials of casketed remains;

(b) Disinfecting and preserving dead human bodies; or

(c) Cremating human remains;

(4) "Funeral establishment," a business, at a physical location, devoted to caring for and preparing dead human bodies for burial or transportation;

(5) "Trainee," any person who has registered with the board and is engaged in training to provide funeral services.

Source: SDC 1939, § 27.1401; SL 1939, ch 102, § 1; SL 1963, ch 154, § 1; SL 1994, ch 351, § 79; SL 2010, ch 193, § 1; SL 2023, ch 137, § 1.
S.D. Codified Laws § 36-14-37 — SD Code / Title 36 / Chapter 14 / Section 36-14-37
Violation of chapter as petty offense
Status: in_force

Any violation of the provisions of this chapter is a petty offense.

Source: SDC 1939, § 27.9931; SL 1977, ch 190, § 179.
S.D. Codified Laws § 36-31-23 — SD Code / Title 36 / Chapter 31 / Section 36-31-23
Action for injunction--Injunction as alternative to criminal proceedings--Election
Status: in_force

Any person violating the provisions of this chapter may be enjoined from further violations by a suit brought by the state's attorney of the county wherein the violations occurred or suit may be brought by any citizen of this state. An action for injunction is an alternate to criminal proceedings, and the commencement of one proceeding by the board constitutes an election.

Source: SL 1986, ch 323, § 23.
S.D. Codified Laws § 36-38-23 — SD Code / Title 36 / Chapter 38 / Section 36-38-23
Money credited to board of social work examiners fund
Status: in_force

Any money coming into the custody of the board pursuant to this chapter shall be credited to the South Dakota Board of Social Work Examiners fund established under § 36-26-43 .

Source: SL 2016, ch 199, § 23; SL 2023, ch 172, § 1.
S.D. Codified Laws § 36-31-18 — SD Code / Title 36 / Chapter 31 / Section 36-31-18
Appeal from decision of board
Status: in_force

Any party feeling aggrieved by any acts, rulings or decisions of the board relating to refusal to grant or to cancellation, revocation, or suspension of a license may appeal pursuant to chapter 1-26 .

Source: SL 1986, ch 323, § 18.
S.D. Codified Laws § 36-29-21 — SD Code / Title 36 / Chapter 29 / Section 36-29-21
Procedure to cancel, suspend, or revoke license
Status: in_force

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

Source: SL 1984, ch 255, § 21.
S.D. Codified Laws § 36-27A-40 — SD Code / Title 36 / Chapter 27A / Section 36-27A-40
Limited liability of members of board or professional society for actions taken to maintain standards--Professional society defined--Official immunity unaffected
Status: in_force

There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a duly appointed committee of the Board of Examiners of Psychologists created pursuant to § 36-27A-3 or of a state professional society, comprised of psychologists licensed to practice their profession in the State of South Dakota, for any act or proceeding undertaken or performed within the scope of the functions of any such committee which is formed to maintain the duly established professional standards of the society or the requirements of law or peer review of insurance or other similar matters, if such committee member acts without malice, has made a reasonable effort to obtain the facts of the matter as to which he acts, and acts in a reasonable belief that the action taken by him is warranted by the facts known to him after such reasonable effort to obtain facts. "Professional society" includes organizations of psychologists having as members at least a majority of the eligible licensees in the state. The provisions of this section do not affect the official immunity of any officer or employee of a public corporation or of psychologists serving on a committee or board or other entity authorized by state or federal law.

Source: SL 1986, ch 419, § 1A.
S.D. Codified Laws § 36-21A-43 — SD Code / Title 36 / Chapter 21A / Section 36-21A-43
Examination reciprocity with other states
Status: in_force

An applicant who holds an active license in another state and who has successfully passed the real estate licensing examination in that same state may obtain a similar level of licensure in South Dakota if the applicant successfully passes the state portion of the examination in South Dakota.

Source: SL 1992, ch 273, § 43; SL 1998, ch 233, § 4; SL 2013, ch 177, § 15.
S.D. Codified Laws § 36-6A-49.1 — SD Code / Title 36 / Chapter 6A / Section 36-6A-49.1
Temporary registration for applicant for license to practice as dentist or dental hygienist
Status: in_force

Any person who has applied for a license to practice as a dentist or a dental hygienist and has met all of the requirements for the license, may be granted a temporary registration to practice as a dentist or a dental hygienist only until a date set by the board. The person is subject to the requirements and conditions set forth in the registration.

Source: SL 2015, ch 199, § 58.
S.D. Codified Laws § 36-20B-16 — SD Code / Title 36 / Chapter 20B / Section 36-20B-16
Applicant to pass examination on rules of ethics
Status: in_force

An applicant shall pass an examination covering the rules of ethics and professional conduct promulgated by the board pursuant to chapter 1-26 . The examination may be part of the uniform CPA examination or may be a separate examination.

Source: SL 2002, ch 179, § 20.
S.D. Codified Laws § 36-19-25 — SD Code / Title 36 / Chapter 19 / Section 36-19-25
Funeral service--Licensure renewal--Promulgation of rules--Fee
Status: in_force

A license to practice funeral service must be renewed annually. The board shall, by rule promulgated in accordance with chapter 1-26 , establish the renewal fee, which may not exceed two hundred twenty-five dollars.

Source: SDC 1939, § 27.1407; SL 1939, ch 102, § 5; SL 1951, ch 132, § 2; SL 1963, ch 154, § 3; SL 1977, ch 300, § 4; SL 1983, ch 272, § 1; SL 1991, ch 311, § 3; SL 2007, ch 220, § 2; SL 2008, ch 191, § 36; SL 2023, ch 137, § 12; SL 2025, ch 160, § 1.
S.D. Codified Laws § 36-9C-18 — SD Code / Title 36 / Chapter 9C / Section 36-9C-18
Inactive status
Status: in_force

The holder of a current license may file with the board a written application, together with the prescribed fee, requesting inactive status.

Source: SL 2017, ch 172, § 18.
S.D. Codified Laws § 36-9-70 — SD Code / Title 36 / Chapter 9 / Section 36-9-70
Board to prosecute violations
Status: in_force

The Board of Nursing may prosecute all persons violating this chapter and may incur such necessary expenses therefor.

Source: SDC 1939, § 27.0907; SL 1947, ch 123, § 10; SL 1949, ch 109, § 11; SL 1955, ch 91, § 3; SDC Supp 1960, § 27.0903 (3) (i); SL 1967, ch 101, § 3 (3) (i); SL 1979, ch 255, § 68.
S.D. Codified Laws § 36-2A-19 — SD Code / Title 36 / Chapter 2A / Section 36-2A-19
Physician wellness program--Civil liability
Status: in_force

Any person, agency, institution, facility, or organization employed by, contracting with, or operating a physician wellness program, when acting in good faith, is immune from civil liability for any action related to their duties in connection with a physician wellness program.

Source: SL 2021, ch 171, § 4.
S.D. Codified Laws § 36-18A-35 — SD Code / Title 36 / Chapter 18A / Section 36-18A-35
Licensure--Comity consideration--Promulgation of Rules--Fee
Status: in_force

The board may give comity consideration to any person who holds a current and valid license issued to that person for active practice by the proper authority in any state or territory of the United States, the District of Columbia, or any foreign country, based on requirements that do not conflict with the provisions of this chapter and are of a standard not lower than that specified in the applicable licensure act in effect in this state at the time the license was issued. The board may consider qualifying experience gained after initial licensure for the required years of experience. An applicant is required to take any examinations the board considers necessary to determine the applicant's competency. A comity applicant for landscape architecture shall hold a current and valid certification from the Council of Landscape Architectural Registration Boards to be eligible for comity licensure. The board shall promulgate rules, pursuant to chapter 1-26 , to set the application fee for licensure by comity. The fee may not exceed two hundred dollars.

Source: SL 1999, ch 195, § 35; SL 2009, ch 184, § 6; SL 2020, ch 161, § 1.
S.D. Codified Laws § 36-4A-5 — SD Code / Title 36 / Chapter 4A / Section 36-4A-5
Student activities not limited
Status: in_force

Nothing in this chapter limits the activities and services of a student enrolled in a physician assistant program accredited by the Accreditation Review Commission on Education for the Physician Assistant.

Source: SL 1973, ch 250, § 21 (1); SL 1999, ch 192, § 6; SL 2007, ch 207, § 4; SL 2025, ch 149, § 6.
S.D. Codified Laws § 36-12-19.1 — SD Code / Title 36 / Chapter 12 / Section 36-12-19.1
Continuing education requirement--Waiver--Promulgation of rules
Status: in_force

All registered veterinarians licensed pursuant to this chapter shall complete annual courses of study in subjects related to the practice of veterinary medicine. The Board of Veterinary Medical Examiners may, however, waive the continuing education requirement in the case of a certified illness, undue hardship, or for veterinarians not engaged in acts constituting the practice of veterinary medicine as defined in § 36-12-1 . The board may promulgate rules pursuant to chapter 1-26 to govern the minimum amount and type of continuing education in veterinary medicine to be required annually of each licensed veterinarian seeking renewal of registration pursuant to § 36-12-19 .

Source: SL 1979, ch 258, §§ 1 to 3; SL 2010, ch 192, § 1.
S.D. Codified Laws § 36-15-16.1 — SD Code / Title 36 / Chapter 15 / Section 36-15-16.1
Natural hair braiding exempt from chapter
Status: in_force

Any person engaging solely in natural hair braiding as set forth in § 36-15-1.1 is exempt from the provisions of this chapter.

Source: SL 2017, ch 176, § 3.
S.D. Codified Laws § 36-7-24 — SD Code / Title 36 / Chapter 7 / Section 36-7-24
Disciplinary action--Grounds
Status: in_force

The board may, in compliance with chapter 1-26 , impose disciplinary sanctions on an optometrist for:

(1) Conviction of a felony;

(2) Obtaining, or attempting to obtain, a license by fraudulent misrepresentation;

(3) Malpractice;

(4) Continued practice when knowingly having an infectious or contagious disease, or after sustaining a physical or mental disability that renders further practice potentially harmful or dangerous;

(5) Use of alcohol or other substances that renders the optometrist unfit to practice with reasonable skill and safety;

(6) Engaging in any procedure set forth in subdivision 36-7-1 (9), prior to meeting the requirements of this chapter;

(7) Unprofessional conduct, as defined in § 36-7-25 ; or

(8) Failure to submit to or cooperate with a criminal background check requested by the board under § 36-7-12.2 .

Source: SDC 1939, § 27.0707; SL 1951, ch 131, § 4; revised pursuant to SL 1972, ch 15, § 4; SL 2005, ch 199, § 19; SL 2009, ch 179, § 2; SL 2013, ch 173, § 4; SL 2022, ch 147, § 14; SL 2024, ch 155, § 4.
S.D. Codified Laws § 36-21A-26 — SD Code / Title 36 / Chapter 21A / Section 36-21A-26
List of licensees and other information to be available
Status: in_force

The executive director of the commission shall make available a list of the names and addresses of all persons licensed by the commission under the provisions of this chapter, together with such other information relative to the enforcement of the provisions of this chapter as the commission determines to be of interest to the public. The commission may charge a reasonable fee to persons who request the list.

Source: SL 1992, ch 273, § 26; SL 2013, ch 177, § 9.
S.D. Codified Laws § 36-20B-58 — SD Code / Title 36 / Chapter 20B / Section 36-20B-58
Accountant or auditor--Restrictions on use of title, designation, and language--Exceptions--Violation as misdemeanor
Status: in_force

No person or firm which does not hold a valid certificate, permit, or registration issued under this chapter may assume or use any title or designation that includes the words, accountant, auditor, or accounting, in connection with any other language, including the language of a report, that implies that such person or firm holds such a certificate, permit, or registration or has special competence as an accountant or auditor. However, the provisions of this section do not apply to any individual granted practice privileges under the provisions of § 36-20B-66 or 36-20B-67 or to any firm that is exempt from the permit requirements pursuant to § 36-20B-32.2 or 36-20B-32.3 .

This section does not prohibit any officer, partner, member, manager, or employee of any firm or organization from affixing that person's own signature to any statement in reference to the financial affairs of such firm or organization with any wording designating the position, title, or office that the person holds therein nor prohibit any act of a public official or employee in the performance of the persons duties as such.

A violation of this section is a Class 2 misdemeanor.

Source: SL 2002, ch 179, § 59; SL 2009, ch 185, § 22.
S.D. Codified Laws § 36-4-5 — SD Code / Title 36 / Chapter 4 / Section 36-4-5
Compensation and expenses of board members--Fees held in special fund--Bond--Payments from fund
Status: in_force

Out of the funds coming into the possession of the Board of Examiners, the members thereof shall receive the compensation and reimbursement of expenses provided by law. All fees received by the board shall be held by the secretary, who shall give a bond in such sum, for the faithful performance of his duties, as the board may from time to time direct, as a special fund to be used for defraying the expenses of the board in carrying out the provisions of this chapter. Payment from said fund shall be made only upon written orders issued and signed by the president and secretary, or the board may, by resolution, authorize an executive secretary to do so, which authority if given shall be considered by the board in setting the sum of such executive secretary's bond.

Source: SL 1949, ch 106, § 1; SDC Supp 1960, § 27.0301; SL 1969, ch 105, § 1; SL 1973, ch 241, § 1.
S.D. Codified Laws § 36-20B-32.1 — SD Code / Title 36 / Chapter 20B / Section 36-20B-32.1
Firms required to hold permit
Status: in_force

For the purposes of this chapter, the following firms are required to hold a permit:

(1) Any firm with an office in this state performing attest services as defined in § 36-20B-2 ;

(2) Any firm with an office in this state that uses the title CPAs, CPA firm, PAs, or PA firm; or

(3) Any firm that does not have an office in this state but performs attest services described in subdivisions 36-20B-2(1), (3) or (4) for a client who resides in this state or whose home office is located in this state.

Source: SL 2009, ch 185, § 5.
S.D. Codified Laws § 36-34-2.1 — SD Code / Title 36 / Chapter 34 / Section 36-34-2.1
Board--General duties
Status: in_force

The board shall regulate addiction counseling and prevention services practitioners in this state for the purposes of ensuring competency of practitioners, compliance with national examination requirements, and the safety of the public.

Source: SL 2026, ch 163, § 2.
S.D. Codified Laws § 36-4B-13.2 — SD Code / Title 36 / Chapter 4B / Section 36-4B-13.2
Background check--Disciplinary investigation--Failure to submit
Status: in_force

The board may require a licensee who is the subject of a disciplinary investigation to submit to a fingerprint-based state and federal criminal background check.

The board may suspend or revoke a license for the licensee's failure to submit to or cooperate with the background check.

Source: SL 2024, ch 153, § 8.
S.D. Codified Laws § 36-21A-99 — SD Code / Title 36 / Chapter 21A / Section 36-21A-99
Cease and desist orders to prevent subdivision sales provisions violations
Status: in_force

The executive director, with the consent of the commission, may issue a cease and desist order upon determination that the provisions of §§ 36-21A-93 to 36-21A-98 , inclusive, have been or are about to be violated.

Source: SL 1992, ch 273, § 99.
S.D. Codified Laws § 36-26-7 — SD Code / Title 36 / Chapter 26 / Section 36-26-7
Annual meeting and election of officers--Secretary-treasurer included in blanket bond
Status: in_force

The Board of Social Work Examiners shall annually elect a president and a secretary - treasurer from its members. The board shall meet at least once a year at a place and time determined by the president of the board. The secretary - treasurer of the board shall be included in the blanket bond on officials pursuant to § 3-5-5.1 .

Source: SL 1975, ch 22, § 7; SL 1989, ch 334.
S.D. Codified Laws § 36-9D-1 — SD Code / Title 36 / Chapter 9D / Section 36-9D-1
Compact--Advanced practice registered nurse
Status: in_force

ADVANCED PRACTICE REGISTERED NURSE COMPACT

ARTICLE I

FINDINGS AND DECLARATIONS OF PURPOSE

The party states find that:

(1) The health and safety of the public are affected by the degree of compliance with advanced practice registered nurse licensure requirements and the effectiveness of enforcement activities related to state advanced practice registered nurse licensure laws;

(2) Violations of advanced practice registered nurse licensure and other laws governing the practice of nursing may result in injury or harm to the public;

(3) The expanded mobility of advanced practice registered nurses and the use of advanced communication and intervention technologies, as part of this nation’s health care delivery system, require greater coordination and cooperation among states in the areas of advanced practice registered nurse licensure and regulation;

(4) New practice modalities and technology make compliance with individual state advanced practice registered nurse licensure laws difficult and complex;

(5) The current system of duplicative advanced practice registered nurse licensure to authorize practice in multiple states is cumbersome and redundant for healthcare delivery systems, payors, state licensing boards, regulators, and advanced practice registered nurses;

(6) Uniformity of advanced practice registered nurse licensure requirements throughout the states promotes public safety and public health benefits, and provides a mechanism for increasing access to care; and

(7) The general purposes of this Compact are to:

(a) Facilitate the states’ responsibility to protect the public’s health and safety;

(b) Ensure and encourage the cooperation of party states in the areas of advanced practice registered nurse licensure and regulation, including the promotion of uniform licensure requirements;

(c) Facilitate the exchange of information between party states in the areas of advanced practice registered nurse regulation, investigation, and adverse actions;

(d) Promote compliance with the laws governing practice by advanced practice registered nurses in each jurisdiction;

(e) Invest all party states with the authority to hold an advanced practice registered nurse accountable for meeting all practice laws of the state in which the patient is located, at the time care is rendered, through the mutual recognition of party-state privileges to practice;

(f) Decrease redundancies in the consideration and issuance of advanced practice registered nurse licenses; and

(g) Provide opportunities for interstate practice by advanced practice registered nurses who meet uniform licensure requirements.

ARTICLE II

DEFINITIONS

Terms used in this Compact mean:

(1) “Advanced practice registered nurse,” a registered nurse who:

(a) Has gained additional specialized knowledge, skills, and experience through a program of study recognized or defined by the Interstate Commission of Advanced Practice Registered Nurse Compact Administrators;

(b) Is licensed to perform advanced nursing practice; and

(c) Is licensed in an advanced practice registered nurse role that is congruent with an advanced practice registered nurse educational program, certification, and rules of the commission;

(2) “Advanced practice registered nurse licensure,” the regulatory mechanism used by a party-state in granting the authority to practice as an advanced practice registered nurse;

(3) “Advanced practice registered nurse uniform licensure requirements," the minimum uniform licensure, education, and examination requirements set forth in Article III of this Compact;

(4) “Adverse action,” any administrative, civil, equitable, or criminal action that:

(a) Is permitted by a state’s laws;

(b) Imposed by a licensing board, or other authority, against an advanced practice registered nurse; and

(c) Includes actions against an individual’s license or multistate licensure privilege, such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, and any other encumbrance on licensure affecting an advanced practice registered nurse's authorization to practice, including the issuance of a cease and desist action;

(5) “Alternative program,” a non-disciplinary monitoring program approved by a licensing board;

(6) “Coordinated licensure information system,” an integrated process for collecting, storing and sharing information on advanced practice registered nurse licensure and enforcement activities related to advanced practice registered nurse licensure laws, which is administered by a nonprofit organization composed of and controlled by licensing boards;

(7) “Current significant investigatory information,” investigative information that:

(a) A licensing board, after a preliminary inquiry including notification and an opportunity for the advanced practice registered nurse to respond, if required by state law, has reason to believe is not groundless and, if proven true, would indicate more than a minor infraction; or

(b) Indicates that the advanced practice registered nurse represents an immediate threat to public health and safety, regardless of whether the advanced practice registered nurse has been notified and had an opportunity to respond;

(8) “Encumbrance,” a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing, imposed by a licensing board, in connection with a disciplinary proceeding;

(9) “Home state,” the party-state that is the advanced practice registered nurse’s state of residence;

(10) ”Licensing board,” a party-state’s regulatory body responsible for regulating advanced practice registered nursing;

(11) “Multistate license,” a license to practice as an advanced practice registered nurse, that:

(a) Is issued by a home state licensing board; and

(b) Authorizes the holder to practice as an advanced practice registered nurse in all party-states, under a multistate licensure privilege, in the same role and population focus as the holder is licensed in the holder's home state;

(12) "Multistate licensure privilege,” an authorization, associated with an advanced practice registered nurse multistate license, that permits the holder to practice as an advanced practice registered nurse in a remote state, in the same role and population focus as the holder is licensed for in the holder's home state;

(13) “Non-controlled prescription drug,” a device or drug that:

(a) Is not a controlled substance;

(b) Is prohibited under state or federal law from being dispensed without a prescription; and

(c) Includes a device or drug that bears or is required to bear the legend “Caution: federal law prohibits dispensing without prescription,” the legend “prescription only,” or any other legend that complies with federal law;

(14) “Party state,” a state that has adopted this Compact;

(15) “Population focus,” a focus on:

(a) Family or individuals, or both, across the lifespan;

(b) Gerontology;

(c) Pediatrics;

(d) Neonatal care;

(e) Women’s health and gender-related care; or

(f) Psychology and mental health;

(16) “Prescriptive authority,” the authority to prescribe medications and devices, as defined by party state laws;

(17) “Remote state,” a party state that is not the home state;

(18) “Role,” the role of a certified registered nurse anesthetist, a certified nurse-midwife, a clinical nurse specialist, or a certified nurse practitioner;

(19) “Single-state license,” an advanced practice registered nurse license that:

(a) Is issued by a party state;

(b) Authorizes practice only within the issuing state; and

(c) Does not include licensure privilege to practice in any other party state;

(20) “State," a state, territory, or possession of the United States, and the District of Columbia;

(21) “State practice laws,” a party state’s laws, rules, and regulations, which:

(a) Govern advanced practice registered nurses;

(b) Define the scope of advanced nursing practice;

(c) Create the methods and grounds for imposing discipline;

(d) Provide for the treatment of prescriptive authority under Article III of this Compact;

(e) Do not include a party state’s laws, rules, and regulations requiring supervision or collaboration with a healthcare professional, other than those regarding the prescription of controlled substances; and

(f) Do not include the requirements to obtain and retain an advanced practice registered nurse license, other than the qualifications or requirements of the home state.

ARTICLE III

GENERAL PROVISIONS AND JURISDICTION

A state shall implement procedures for considering the criminal background check of applicants for initial advanced practice registered nurse licensure or licensure by endorsement. The procedures must include the submission of fingerprints or other biometric-based information by an applicant, for the purpose of obtaining the applicant’s criminal background information from the Federal Bureau of Investigation and the agency responsible for retaining the state's criminal records.

Each party state shall require that an applicant satisfy the following uniform licensure requirements to obtain, or retain, a multistate license:

(1) Meet the home state’s qualifications for licensure or renewal of licensure, and all other applicable state laws;

(2) Complete:

(a) An accredited graduate-level education program that prepares the applicant for one of the four recognized roles and population foci; or

(b) A foreign advanced practice registered nurse education program for one of the four recognized roles and population foci that has been approved by the authorized accrediting body in the applicable country and verified by an independent credentials review agency to be comparable to a licensing board-approved advanced practice registered nurse education program;

(3) If a graduate of a foreign advanced practice registered nurse education program that was not taught in English or if English is not the applicant's native language, successfully pass an English proficiency examination that includes reading, speaking, writing, and listening;

(4) Pass a national certification examination that measures advanced practice registered nurse roles and population-focused competencies, and maintains continued competence, as evidenced by recertification in the role and population focused competencies, through the national certification program;

(5) Holds an active, unencumbered license as a registered nurse and an active, unencumbered authorization to practice as an advanced practice registered nurse;

(6) Passes an NCLEX-RN® examination or a recognized predecessor of that examination;

(7) Practice at least 2,080 hours as an advanced practice registered nurse, in a role and population focus congruent with the applicant’s education and training, provided that for purposes of this subdivision, practice does not include hours obtained as part of enrollment in an advanced practice registered nurse education program;

(8) Submits, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal background information from the Federal Bureau of Investigation and the agency responsible for retaining the state's criminal records or, if applicable, the foreign country’s criminal records;

(9) Has not been convicted of, found guilty of, or entered into an agreed disposition of, a felony offense under applicable state, federal, or foreign criminal law;

(10) Has not been convicted of, found guilty of, or entered into an agreed disposition of, a misdemeanor offense related to the practice of nursing, as determined by factors set forth in rules adopted by the commission;

(11) Is not enrolled in an alternative program;

(12) Is subject to self-disclosure requirements regarding current participation in an alternative program; and

(13) Has a valid United States Social Security number.

An advanced practice registered nurse issued a multistate license must be licensed in an approved role and at least one approved population focus.

An advanced practice registered nurse multistate license issued by a home state to a resident of the state must be recognized by each party state, as authorizing the advanced practice registered nurse to practice as an advanced practice registered nurse in each party state, under a multistate licensure privilege, in the same role and population focus as the advanced practice registered nurse is licensed in the home state.

Nothing in this Compact affects the requirements established by a party state for the issuance of a single-state license, except that an individual may apply for a single-state license, instead of a multistate license, even if otherwise qualified for the multistate license. The failure of an individual to affirmatively opt for a single-state license may result in the issuance of a multistate license.

Issuance of an advanced practice registered nurse multistate license includes prescriptive authority for noncontrolled prescription drugs.

For each state in which an advanced practice registered nurse seeks authority to prescribe controlled substances, the advanced practice registered nurse shall satisfy the requirements imposed by the state in granting, or as applicable, in renewing such authority.

An advanced practice registered nurse issued a multistate license may assume responsibility and accountability for patient care, independently of any supervisory or collaborative relationship. This authority may be exercised in the home state and in any remote state in which the advanced practice registered nurse exercises a multistate licensure privilege.

Each party state may, in accordance with state due process laws, take adverse action against an advanced practice registered nurse’s multistate licensure privilege. If a party state takes adverse action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.

Except as otherwise provided in this Compact, an advanced practice registered nurse practicing in a party state shall comply with the state practice laws of the state in which the client is located at the time service is provided. Advanced practice is not limited to patient care. It may include all advanced nursing practice, as defined by the practice laws of the party state in which the client is located. Practice in a party state under a multistate licensure privilege will subject the advanced practice registered nurse to the jurisdiction of the licensing board, the courts, and the laws of the party state in which the client is located at the time service is provided.

Except as otherwise provided in this Compact, this Compact does not affect additional requirements imposed by states for advanced practice registered nursing. A multistate licensure privilege to practice registered nursing granted by a party state must be recognized by other party states as satisfying any state law requirement for registered nurse licensure, as a precondition for authorization to practice as an advanced practice registered nurse in that state.

An individual not residing in a party state may apply for a party state’s single-state advanced practice registered nurse license, as provided under the laws of each party state. A single-state license granted to such an individual does not grant the privilege to practice as an advanced practice registered nurse in any other party state.

ARTICLE IV

APPLICATIONS FOR ADVANCED PRACTICE REGISTERED NURSE LICENSURE IN A PARTY STATE

Upon application for an advanced practice registered nurse multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held or is the holder of a licensed practical or vocational nursing license, a registered nursing license, or an advanced practice registered nurse license, issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant, and whether the applicant is currently participating in an alternative program.

An advanced practice registered nurse may hold a multistate advanced practice registered nurse license, issued by the home state, in only one party state at a time.

If an advanced practice registered nurse changes the nurse's home state, the advanced practice registered nurse must apply for advanced practice registered nurse licensure in the nurse's new home state, and the multistate license issued by the prior home state must be deactivated, in accordance with applicable rules of the commission.

An advanced practice registered nurse may apply for licensure in advance of a change in the nurse's home state.

A multistate advanced practice registered nurse license may not be issued by the new home state until the advanced practice registered nurse provides satisfactory evidence of a change to the new home state and satisfies all applicable requirements to obtain a multistate advanced practice registered nurse license from the new home state.

If an advanced practice registered nurse moves from a party state to a non-party state, the advanced practice registered nurse multistate license issued by the prior home state converts to a single-state license, valid only in the former home state.

ARTICLE V

ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING BOARDS

In addition to other powers conferred by state law, a licensing board may:

(1) Take adverse action against an advanced practice registered nurse’s multistate licensure privilege to practice within that party state, provided:

(a) Only the home state may take adverse action against an advanced practice registered nurse’s license issued by the home state; and

(b) For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct that occurred outside of the home state as it would if such conduct had occurred within the home state, and in so doing, the home state shall apply its state laws to determine appropriate action;

(2) Issue cease and desist orders or impose an encumbrance on an advanced practice registered nurse’s authority to practice within that party state;

(3) Complete any pending investigations of an advanced practice registered nurse who changes the nurse's state of residence during the course of an investigation, take appropriate action, and promptly report the conclusions of an investigation to the administrator of the coordinated licensure information system, who shall promptly notify the new home state of any such actions;

(4) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence, provided:

(a) Subpoenas issued by a party state licensing board for the attendance and testimony of witnesses or the production of evidence from another party state must be enforced in the latter state by a court of competent jurisdiction, according to that court’s practice and procedure in considering subpoenas issued in its own proceedings; and

(b) The licensing board issuing a subpoena shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located;

(5) For an advanced practice registered nurse licensure applicant, obtain and submit fingerprints or other biometric-based information to the Federal Bureau of Investigation for criminal history checks, receive the results from the Federal Bureau of Investigation, and use the results in making licensure decisions;

(6) If permitted by state law, recover from the affected advanced practice registered nurse the costs of investigations and disposition of cases resulting from any adverse action taken against the advanced practice registered nurse; and

(7) Take adverse action based on the factual findings of another party state, provided that the licensing board follows its own procedures for taking such adverse action.

If adverse action is taken by a home state against an advanced practice registered nurse’s multistate licensure, the privilege to practice in all other party states under a multistate licensure privilege is deactivated, until all encumbrances have been removed from the advanced practice registered nurse’s multistate license. All home state disciplinary orders that impose adverse action against an advanced practice registered nurse’s multistate license must include a statement that the advanced practice registered nurse’s multistate licensure privilege is deactivated in all party states during the pendency of the order.

Nothing in this Compact overrides a party state’s decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any advanced practice registered nurse for the duration of the advanced practice registered nurse’s participation in an alternative program.

ARTICLE VI

COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF INFORMATION

All party states shall participate in a coordinated licensure information system of all advanced practice registered nurses, licensed registered nurses, and licensed practical or vocational nurses. This system must include information on the licensure and disciplinary history of each advanced practice registered nurse, as submitted by party states, to assist in the coordinated administration of advanced practice registered nurse licensure and enforcement efforts.

The commission, in consultation with the administrator of the coordinated licensure information system, shall formulate procedures for the identification, collection, and exchange of information under this Compact.

Each licensing board shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications and the reason for the denials, and advanced practice registered nurse participation in an alternative program known to the licensing board, regardless of whether the participation is deemed nonpublic or confidential under state law.

Notwithstanding any other law, any party state licensing board contributing information to the coordinated licensure information system may designate information that may not be shared with non-party states or disclosed to others without the permission of the contributing state.

Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board may not be shared with non-party states or disclosed to others, except to the extent permitted by the laws of the party state contributing the information.

Any information that is contributed to the coordinated licensure information system and subsequently required to be expunged by the laws of the party state contributing the information must be removed from the coordinated licensure information system.

The Compact administrator of each party state shall furnish a uniform data set to the Compact administrator of each other party state, which must include:

(1) Identifying information;

(2) Licensure data;

(3) Information related to alternative program participation; and

(4) Information that may facilitate the administration of this Compact, as determined by rules of the commission.

The Compact administrator of a party state shall provide all investigative documents and information requested by another party state.

ARTICLE VII

ESTABLISHMENT OF THE INTERSTATE COMMISSION OF ADVANCED PRACTICE REGISTERED NURSE COMPACT ADMINISTRATORS

The party states hereby create and establish a joint public agency known as the Interstate Commission of Advanced Practice Registered Nurse Compact Administrators.

The commission is an instrumentality of the party states.

Venue is proper, and judicial proceedings by or against the commission must be brought in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

Nothing in this Compact may be construed to waive sovereign immunity.

Each party state shall have one administrator. The head of the state licensing board or a designee is the administrator of this Compact for each party state. An administrator may be removed or suspended from office, as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the commission must be filled in accordance with the laws of the party state in which the vacancy exists.

Each administrator has one vote regarding the promulgation of rules and the creation of the bylaws. Each administrator may participate in the business and affairs of the commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator’s participation in meetings by telephone or other means of communication.

The commission shall meet at least once during each calendar year. Additional meetings may be held, as set forth in the bylaws or rules of the commission.

All meetings of the commission are open to the public. Public notice of each meeting must be given in accordance with the rulemaking provisions in Article VIII of this Compact.

The commission may convene in a closed, nonpublic meeting to discuss:

(1) A party state's noncompliance with its obligations under this Compact;

(2) The employment, compensation, discipline, or other personnel matters, practices or procedures, related to a specific employee, or matters related to the commission’s internal personnel practices and procedures;

(3) Current, threatened, or reasonably anticipated litigation;

(4) The negotiation of contracts for the purchase or sale of goods, services, or real estate;

(5) Accusing any person of a crime or formally censuring any person;

(6) The disclosure of trade secrets, or commercial or financial information that is privileged or confidential;

(7) The disclosure of information that is personal in nature, if disclosure would constitute a clearly unwarranted invasion of personal privacy;

(8) The disclosure of investigatory records compiled for law enforcement purposes;

(9) The disclosure of information related to any reports prepared by or on behalf of the commission for the purpose of investigating compliance with this Compact; or

(10) Matters specifically exempted from disclosure by federal or state statute.

If a meeting or portion of a meeting is closed pursuant to this Article, the commission’s legal counsel or designee must certify that the meeting may be closed and must reference each relevant exempting provision. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action must be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or by court order.

The commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct, as necessary or appropriate to carry out the purposes and exercise the powers of this Compact, including: establishing the fiscal year of the commission; providing reasonable standards and procedures for the establishment and meetings of committees and for the general or specific delegation of any authority or function of the commission; establishing procedures for calling and conducting meetings of the commission, ensuring advance notice of all meetings, and providing an opportunity for attendance at meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals, and proprietary information, including trade secrets.

The commission may meet in closed session only after a majority of the administrators vote to close a meeting, in whole or in part. As soon as practicable, the commission shall make public a copy of the vote to close the meeting, revealing the vote of each administrator. No proxy votes are allowed.

The commission shall, by a majority vote of the administrators, establish the titles, duties, and authority and procedures for the election of the commission's officers; and provide standards and procedures for the establishment of personnel policies and programs of the commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws exclusively govern the personnel policies and programs of the commission.

The commission shall, by a majority vote of the administrators, provide a mechanism for winding up the operations of the commission and for the equitable disposition of any surplus funds that may exist after the termination of this Compact and the payment or reserving of its debts and obligations.

The commission shall publish its bylaws and rules, and any amendments to the bylaws or rules, in a convenient form on the website of the commission; maintain its financial records in accordance with the bylaws; and meet and take such actions as are consistent with this Compact and the bylaws.

The commission may promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact and any rules so promulgated have the force and effect of law and are binding in all party states.

The commission may bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any licensing board to sue or be sued under applicable law is not be affected.

The commission may purchase and maintain insurance and bonds.

The commission may borrow, accept, or contract for services of personnel, including employees of a party state or a nonprofit organization.

The commission may cooperate with any other organization that administers state compacts related to the regulation of nursing, including the sharing of administrative or staff expenses, office space, and other resources.

The commission may hire employees, elect or appoint officers, fix compensation, define duties, and grant such individuals the authority to carry out the purposes of this Compact and the authority to establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.

The commission may accept donations, grants, and gifts of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided the commission strives to avoid any appearance of impropriety or conflict of interest.

The commission may lease, purchase, accept gifts or donations of, or otherwise own, hold, improve, or use, any property, whether real or personal, provided the commission strives to avoid any appearance of impropriety.

The commission may sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real or personal.

The commission may establish a budget and make expenditures.

The commission may borrow money.

The commission may appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, consumer representatives, and other interested persons.

The commission may issue advisory opinions.

The commission may provide and receive information from, and cooperate with, law enforcement agencies.

The commission may adopt and use an official seal.

The commission may perform other functions as necessary or appropriate to achieve the purposes of this Compact, consistent with the state regulation of advanced practice registered nurse licensure and practice.

The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

The commission may levy on and collect an annual assessment from each party state to cover the cost of its operations, activities, and staff, in its annual budget as approved each year.

The aggregate annual assessment amount, if any, must be allocated based upon a formula to be determined by the commission, which shall promulgate a rule that is binding upon all party states.

The commission may not incur obligations of any kind prior to securing the funds adequate to meet the same, nor may the commission pledge the credit of any party state, except by, and with the authority of, such party state.

The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the audit and accounting procedures established under the bylaws of the commission. All receipts and the disbursement of moneys handled by the commission must be audited annually, by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the commission.

The administrators, officers, executive director, employees, and representatives of the commission are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission, that occurred or which the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities, provided that nothing in this paragraph may be construed to protect any such person from suit or liability for any damage, loss, injury, or liability, caused by the intentional, willful, or wanton misconduct of that person.

The commission shall defend any administrator, officer, executive director, employee, or representative of the commission, in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission, that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that nothing in this paragraph may be construed to prohibit that person from retaining the person's own counsel, and further provided that the actual or alleged act, error, or omission did not result from that person’s intentional, willful, or wanton misconduct.

The commission shall indemnify and hold harmless any administrator, officer, executive director, employee, or representative of the commission, for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct of that person.

ARTICLE VIII

RULEMAKING

The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the rules adopted hereunder. Rules and amendments become binding as of the date specified in each and have the same force and effect as provisions of this Compact.

Rules and amendments to the rules must be adopted at a regular or special meeting of the commission.

Before promulgation and adoption of a final rule or any rule by the commission, and at least sixty days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking on the commission's website and on the website of each licensing board or in the publication in which each state would otherwise publish proposed rules.

The notice of proposed rulemaking must include:

(1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;

(2) The text of the proposed rule, and the reason for the proposed rule;

(3) A request for comments on the proposed rule from any interested person; and

(4) The manner in which a person may submit notice to the commission of the person's intention to attend the public hearing and any written comments.

Before the adoption of a proposed rule or amendment, the commission shall allow persons to submit written data, facts, opinions, and arguments, which must be made available to the public.

The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.

The commission shall publish the place, time, and date of the public hearing. A public hearing must be conducted in a manner that provides each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. Each hearing must be recorded, and a copy of the recording must be made available upon request.

Nothing in this Article requires a separate hearing on each rule. Rules may be grouped, at hearings required by this section, for the convenience of the commission.

If no one appears at the public hearing, the commission may proceed with promulgation of the proposed rule.

Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.

The commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in this Compact and in this section are retroactively applied to the rule, as soon as reasonably possible, but not later than ninety days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately, in order to meet an imminent threat to public health, safety or welfare, prevent a loss of commission or party state moneys, or meet a deadline for the promulgation of an administrative rule that is established by federal law or regulation.

The commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in formatting, errors in consistency, or grammatical errors. Public notice of any revisions must be posted on the website of the commission. A revision may be challenged by any person for a period of thirty days after the revision is posted. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be made in writing, and delivered to the commission, before the end of the notice period. If no challenge is made, the revision takes effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.

ARTICLE IX

OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT

Each party state shall enforce this Compact and take all actions necessary and appropriate to effectuate this Compact’s purposes and intent.

The commission may receive service of process in any proceeding that may affect the powers, responsibilities, or actions of the commission, and has standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission renders a judgment or order void as to the commission, this Compact, or promulgated rules.

If the commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this Compact or under the promulgated rules, the commission shall provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default, and any other action to be taken by the commission and shall provide remedial training and specific technical assistance regarding the default.

If a state in default fails to cure the default, the defaulting state’s membership in the Compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges, and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

Termination of membership in this Compact may be imposed only after all other means of securing compliance have been exhausted. Notice of the intent to suspend or terminate membership must be given by the commission to the Governor of the defaulting state and to the executive officer of the defaulting state’s licensing board, the defaulting state’s licensing board, and each of the party states.

A state whose membership in this Compact 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.

The commission may not bear any costs related to a state that is found to be in default or whose membership in this Compact has been terminated, unless agreed upon, in writing, between the commission and the defaulting state.

A defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or for the federal district in which the commission has its principal offices. The prevailing party must be awarded all costs of the litigation, including reasonable attorneys’ fees.

At the request of a party state, the commission shall attempt to resolve a dispute that is related to the Compact and which arises among party states or between party and non-party states.

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

If the commission cannot resolve a dispute among party states arising under this Compact, the party states may submit the issues in dispute to an arbitration panel, comprised of individuals appointed by the Compact administrator in each of the affected party states and an individual mutually agreed upon by the Compact administrators of all the party states involved in the dispute. A decision by a majority of the arbitrators is final and binding.

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

To enforce compliance with this Compact, its bylaws, and rules promulgated under this Compact, against a party state that is in default, the commission may, by majority vote, initiate legal action in the United States District Court for the District of Columbia or the federal district in which the commission has its principal offices. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing party must be awarded all costs of the litigation, including reasonable attorneys’ fees.

The remedies provided for in this Article are not the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.

ARTICLE X

EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT

When enacted into law, in seven party states, this Compact becomes effective for the limited purpose of establishing and convening the commission to adopt rules related to its operation.

Any state that joins the Compact after the commission’s initial adoption of the advanced practice registered nurse uniform licensure requirements is subject to all rules that have been previously adopted by the commission.

A party state may withdraw from this Compact by enacting a statute that repeals the Compact. A party state’s withdrawal is not effective until six months after enactment of the repealing statute.

A party state’s withdrawal or termination does not affect the continuing requirement of the withdrawing or terminated state’s licensing board to report adverse actions and significant investigations occurring prior to the effective date of the withdrawal or termination.

Nothing contained in this Compact invalidates or prevents any advanced practice registered nurse licensure agreement or other cooperative arrangement between a party state and a non-party state, provided the agreement or arrangement does not conflict with this Compact.

This Compact may be amended by the party states. No amendment to this Compact is effective and binding upon any party state until it is enacted into law by all the party states. Representatives of non-party states to this Compact shall be invited to participate in the activities of the commission, on a nonvoting basis, prior to the adoption of this Compact by all states.

ARTICLE XI

CONSTRUCTION AND SEVERABILITY

This Compact must be liberally construed so as to effectuate its purposes. The provisions of this Compact are severable and, if any portion of this Compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof, to any government, agency, person, or circumstance, is held invalid, the validity of the remainder of this Compact and its applicability is not affected.

If this Compact is held to be contrary to the constitution of any party state, this Compact must remain in full force and effect, as to the remaining party states, and in full force and effect as to the party state affected, as to all severable matters.

Source: SL 2024, ch 156, § 1.
S.D. Codified Laws § 36-4-38 — SD Code / Title 36 / Chapter 4 / Section 36-4-38
Destruction of inactive patient records
Status: in_force

Nothing in § 36-4-37 prevents a physician licensed pursuant to this chapter from destroying patient records which have become inactive or for which the whereabouts of the patient is no longer known to the physician.

Source: SL 1992, ch 265, § 2.
S.D. Codified Laws § 36-1C-17 — SD Code / Title 36 / Chapter 1C / Section 36-1C-17
Criminal history--Adverse action limited--Related convictions--Rehabilitation considered
Status: in_force

An agency or administrator may not take adverse action against an applicant or licensee, with regard to a license as defined in § 36-1C-1 , based on the individual's criminal history, except as provided in this chapter. Except as provided in § 36-1C-22 , §§ 36-1C-1 and 36-1C-17 to 36-1C-22 , inclusive, supersede any conflicting provisions for the affected profession and occupation unless otherwise stated.

An agency or administrator may take adverse action against an applicant or licensee upon proof that the applicant or licensee has been convicted of a crime for which the conviction directly relates, in the discretion of the agency or administrator, to the profession or occupation for which the license is sought or held.

To determine whether a conviction directly relates to the profession or occupation, the agency or administrator must consider:

(1) The nature and seriousness of the crime;

(2) The relationship of the crime to the purposes of regulating the profession or occupation for which the license is sought or held;

(3) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the profession or occupation; and

(4) Any personal statement of an applicant or licensee regarding whether each crime directly relates to the profession or occupation for which the license is sought or held.

If the agency or administrator determines that the crime directly relates to the profession or occupation being licensed, the agency or administrator must also consider whether an applicant or licensee has been rehabilitated to the extent that the person no longer poses the kind of risk to the profession or occupation associated with that type of conviction.

Source: SL 2024, ch 150, § 2.
S.D. Codified Laws § 36-11A-35 — SD Code / Title 36 / Chapter 11A / Section 36-11A-35
Verification that entity to which prescription drugs are to be furnished is licensed
Status: in_force

A manufacturer or wholesale distributor shall furnish prescription drugs only to a person or entity licensed by the appropriate board. Before furnishing prescription drugs to a person or entity not known to the manufacturer or wholesale distributor, the manufacturer or wholesale distributor shall affirmatively verify that the person or entity is legally authorized to receive the prescription drugs by contacting the appropriate board.

Source: SL 2007, ch 215, § 17.
S.D. Codified Laws § 36-16-35 — SD Code / Title 36 / Chapter 16 / Section 36-16-35
More stringent local and utility requirements permitted
Status: in_force

Nothing in this chapter shall prohibit any municipality, rural electric cooperative, private utility, or political subdivision of the state from making and enforcing more stringent requirements than those set forth in this chapter, and such requirements shall be complied with.

Source: SL 1963, ch 216, § 5 (4); SL 1967, ch 128, § 2.
S.D. Codified Laws § 36-16-17 — SD Code / Title 36 / Chapter 16 / Section 36-16-17
Licenses--Biennial fees
Status: in_force

The State Electrical Commission shall promulgate rules, pursuant to chapter 1-26 , to establish and collect biennial fees for licenses. The class of electricians who may be licensed under this chapter, and biennial fees required to be paid for the license, may not exceed the following:

(1) Electrical contractor: biennial license fee, two hundred dollars;

(2) Journeyman electrician: biennial license fee, eighty dollars;

(3) Class B electrician: biennial license fee, two hundred dollars;

(4) Electrical inspector: biennial license fee, one hundred twenty dollars;

(5) Inactive Class B electrician, inactive electrical contractor, inactive 501(d) electrician, or inactive journeyman electrician: biennial license fee, eighty dollars;

(6) Maintenance electrician: biennial license fee, one hundred twenty dollars;

(7) 501(d) electrician; biennial license fee, one hundred twenty dollars.

Before a license is granted to any applicant and for the biennial renewal of such license the applicant shall pay to the treasurer the fee required for the class of license applied for.

Source: SL 1963, ch 216, §§ 7, 13; SL 1986, ch 302, § 26; SL 1986, ch 315, § 7; SL 1987, ch 279, § 2; SL 1991, ch 308, §§ 3, 6; SL 1997, ch 219, § 1; SL 2009, ch 183, § 4; SL 2021, ch 178, § 2.
S.D. Codified Laws § 36-27A-20 — SD Code / Title 36 / Chapter 27A / Section 36-27A-20
Reexamination after failure to pass--Additional fee
Status: in_force

An applicant who fails to pass the oral examination required by this chapter is entitled to reexamination within six months upon payment of an additional fee, not to exceed two hundred dollars, to be set by the Board of Examiners of Psychologists in rules promulgated pursuant to chapter 1-26 . One reexamination exhausts the privilege under the original application. An applicant who fails to pass the written examination required by this chapter is entitled to reexamination within six months upon payment of an additional fee directly to the national examination company. One reexamination exhausts the privilege under the original application.

Source: SL 1976, ch 235, § 22; SDCL Supp, § 36-27-26; SL 1981, ch 281, § 20; SL 1993, ch 297, § 2; SL 2008, ch 191, § 62.
S.D. Codified Laws § 36-18A-48 — SD Code / Title 36 / Chapter 18A / Section 36-18A-48
Business entity must obtain certificate of authorization--Responsibility for acts of individuals
Status: in_force

Any business entity that desires to practice engineering, architecture, land surveying, landscape architecture, or petroleum release assessment or remediation in this state shall register with the board by making application for a certificate of authorization. A business entity is responsible for the conduct or acts of its agents, employees, officers, partners, members, or managers in respect to any engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation services performed or to be executed in this state. No person is relieved of the responsibility for that person's conduct or acts performed by reason of that person's employment by or relationship with a business entity. A licensee who renders occasional, part - time, or consulting services to or for a business entity may not be designated as the person in responsible charge for the professional activities of the business entity.

Source: SL 1999, ch 195, § 48.
S.D. Codified Laws § 36-2-16.7 — SD Code / Title 36 / Chapter 2 / Section 36-2-16.7
Medical record--Fees authorized for subpoena response
Status: in_force

Sections 36-2-16.1 to 36-2-16.6 , inclusive, apply to any medical record produced by a health care provider or medical records company pursuant to a subpoena issued under the authority of a court, an administrative body, or other tribunal.

Source: SL 2023, ch 134, § 7.
S.D. Codified Laws § 36-6A-4 — SD Code / Title 36 / Chapter 6A / Section 36-6A-4
Terms of office--Vacancies
Status: in_force

No member of the board may serve more than three consecutive full terms. However, appointment of a person to an unexpired term is not considered a full term for this purpose. The Governor shall make appointments to the board for terms of three years. Each member shall hold office until a successor is appointed and qualified. The Governor shall, by appointment, fill any vacancy for the balance of the unexpired term. The Governor may stagger terms to enable the board to have different terms expire each year.

The terms of members shall begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term shall expire on October thirtieth in the third year of appointment.

Source: SDC 1939, § 27.0602; SL 1971, ch 213, § 4; SL 1992, ch 269, § 3; SL 2005, ch 199, § 17; SL 2012, ch 16, § 11.
S.D. Codified Laws § 36-9-45 — SD Code / Title 36 / Chapter 9 / Section 36-9-45
Biennial renewal of license--Expiration date--Notice by board--Fee--Period of renewal
Status: in_force

The license of any person licensed under the provisions of this chapter shall be renewed biennially, except as provided in § 36-9-46 . The expiration date shall be established by the rules of the board pursuant to chapter 1-26 . The board shall provide a notice for renewal of license to each licensee at least ninety days prior to the expiration date of the person's license. The licensee shall submit the required fee to the board before the expiration date. Upon receipt of the fee, the board shall renew the license. The renewal shall render the license holder a legal practitioner of nursing as designated for the period stated on the renewed license. However, if any applicant for renewal of a license has not engaged in the practice of nursing in the past six years, the board may establish reentry standards, by rules promulgated pursuant to chapter 1-26 , and may require written evidence, verified by oath, as may be necessary to determine compliance with the standards.

Source: SDC 1939, § 27.0905; SL 1947, ch 123, § 8; SL 1949, ch 109, § 9; SL 1955, ch 91, § 6; SDC Supp 1960, § 27.0906; SL 1967, ch 101, § 6; SL 1976, ch 228, § 32; SL 1979, ch 255, § 38; SL 1986, ch 307, § 5; SL 2016, ch 194, § 24.
S.D. Codified Laws § 36-28-12 — SD Code / Title 36 / Chapter 28 / Section 36-28-12
Age, character, training and examination requirements for administrator's license
Status: in_force

The board may issue a license to a qualified person and may establish qualification criteria pursuant to chapter 1-26 . No license may be issued to a person as a nursing facility administrator unless the applicant:

(1) Is at least eighteen years of age, of good moral character, and of sound physical and mental health;

(2) Has satisfactorily completed training prescribed by the board, which shall, by virtue of its content and administration, present sufficient knowledge of the needs properly to be served by nursing facilities, laws governing the operation of nursing facilities and the protection of the interests of the residents therein, and the elements of good nursing facility administration; and

(3) Has passed an examination approved by the board designed to test the applicant's knowledge and competence regarding the subject matter referred to in subdivision (2) of this section.

Source: SL 1969, ch 113, § 4; SDCL Supp, § 34-12A-11; SL 1986, ch 302, § 104; SL 2014, ch 186, § 8.
S.D. Codified Laws § 36-24-10.1 — SD Code / Title 36 / Chapter 24 / Section 36-24-10.1
Board continued within Department of Health--Records and reports
Status: in_force

The board shall continue within the Department of Health and shall retain all its prescribed functions, including administrative functions. The board shall submit records, information, and reports in the form and at the times required by the secretary of health. The board shall report to the secretary at least annually.

Source: SL 1973, ch 2, § 56 (k); SL 1997, ch 221, § 16; SL 2003, ch 272 (Ex. Ord. 03-1), § 36; SL 2024, ch 159, § 9.
S.D. Codified Laws § 36-13-1 — SD Code / Title 36 / Chapter 13 / Section 36-13-1
Abstracters' Board of Examiners--Professional members
Status: in_force

The board shall be composed of five members appointed by the Governor. Four members of the board shall be abstracters who have been qualified to do the business of abstracting under § 36-13-8 for five years prior to the date of their appointment. The members may not be all of the same political party, and their terms shall be for three years. Members of the board shall qualify by taking the oath of office provided by law for public officers.

The Governor shall, by appointment, fill any vacancy among the professional members of the board for the unexpired term from abstracters qualified as provided in this section. Any appointment to an unexpired term is not considered a full term.

Source: SDC 1939, § 1.0101; SL 1980, ch 378; SL 1990, ch 307; SL 2005, ch 199, § 40; SL 2008, ch 195, § 3.
S.D. Codified Laws § 36-29-1 — SD Code / Title 36 / Chapter 29 / Section 36-29-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Athletic trainer," a health care professional who is licensed by the board to practice athletic training; and

(2) "Board," the State Board of Medical and Osteopathic Examiners.

Source: SL 1984, ch 255, § 1; SL 2024, ch 162, § 1.
S.D. Codified Laws § 36-1C-19 — SD Code / Title 36 / Chapter 1C / Section 36-1C-19
Criminal history--Disclosure--Documentation--Adverse action permitted
Status: in_force

An agency or administrator may require an applicant to disclose on an application for licensure whether the applicant has been convicted of certain types of crimes which directly relate to the profession or occupation. An agency or administrator may require a licensee to disclose on any renewal application for licensure whether the licensee has been convicted of certain types of crimes which directly relate to the profession or occupation since the last renewal cycle. An agency or administrator may require the applicant or licensee to provide additional documentation of any conviction disclosed by the applicant or licensee. An agency or administrator may take adverse action against an applicant or licensee based on a failure to disclose a conviction as required by this section or to provide requested documentation of any conviction disclosed by the applicant or licensee.

Source: SL 2024, ch 150, § 4.
S.D. Codified Laws § 36-9-18 — SD Code / Title 36 / Chapter 9 / Section 36-9-18
Quorum of board
Status: in_force

A quorum of the board for the purpose of conducting business is a majority of the members appointed. The quorum shall include at least one officer.

Source: SL 1947, ch 123, § 2; SL 1949, ch 109, § 3; SL 1955, ch 91, § 3; SDC Supp 1960, § 27.0903 (3); SL 1967, ch 101, § 3 (3); SL 1976, ch 228, § 14; SL 1996, ch 229; SL 2006, ch 197, § 1.
S.D. Codified Laws § 36-20B-19 — SD Code / Title 36 / Chapter 20B / Section 36-20B-19
Successful completion of examination--Reexamination
Status: in_force

An applicant shall pass all parts of the examination provided for in this section to qualify for a certificate. If at any sitting of the examination an applicant passes the number of parts specified by the board, by rule promulgated pursuant to chapter 1-26 , then the applicant shall be given credit for those parts passed and need not sit for reexamination in those parts if:

(1) The applicant wrote all parts of the examination specified by the board, by rule promulgated pursuant to chapter 1-26 ;

(2) The applicant attained a minimum grade specified by the board, by rule promulgated pursuant to chapter 1-26 , on each section not passed at that sitting;

(3) The applicant passes the remaining parts of the examination within a period of time specified by the board, by rule promulgated pursuant to chapter 1-26 , given after the initial examination at which the first parts were passed;

(4) At each subsequent sitting at which the applicant seeks to pass any additional parts, the applicant writes all parts as specified by the board, by rule promulgated pursuant to chapter 1-26 ; and

(5) In order to receive credit for passing additional parts in any such subsequent sitting, the applicant attains such grades on parts written but not passed on such sitting as specified by the board, by rule promulgated pursuant to chapter 1-26 .

Source: SL 2002, ch 179, § 18.
S.D. Codified Laws § 36-4-8.2 — SD Code / Title 36 / Chapter 4 / Section 36-4-8.2
Surgery constituting practice of medicine
Status: in_force

Surgery constituting the practice of medicine includes the use of a laser or ionizing radiation for the purpose of cutting or otherwise altering human tissue for diagnostic, palliative, or therapeutic purposes.

Source: SL 1995, ch 209, § 1.
S.D. Codified Laws § 36-11-10 — SD Code / Title 36 / Chapter 11 / Section 36-11-10
Residual and implied powers of board
Status: in_force

The Board of Pharmacy shall have all other powers and authority expressly conferred upon it or reasonably implied from the provisions of this chapter.

Source: SL 1967, ch 102, § 5.
S.D. Codified Laws § 36-20B-60 — SD Code / Title 36 / Chapter 20B / Section 36-20B-60
Attest services to be performed through business holding valid permit
Status: in_force

No holder of a certificate issued under this chapter or a registration issued under this chapter may perform attest services through any business form that does not hold a valid permit issued under this chapter. This restriction does not prohibit any act of a public official or public employee in the performance of that person's duties as such.

Source: SL 2002, ch 179, § 61.
S.D. Codified Laws § 36-11A-1.2 — SD Code / Title 36 / Chapter 11A / Section 36-11A-1.2
Transaction defined
Status: in_force

As used in this chapter, the term, transaction, means the transfer of product between trading partners in which a change of ownership occurs. The term does not include:

(1) Intracompany distribution of any product between members of an affiliate or within a manufacturer;

(2) The distribution of a product among hospitals or other health systems that are under common control;

(3) The distribution of a product for emergency medical reasons, including a public health emergency declaration pursuant to state or federal law;

(4) The dispensing of a product pursuant to a prescription;

(5) The distribution of product samples by a manufacturer or a licensed wholesale distributor in accordance with state and federal law;

(6) The distribution of blood or blood components intended for transfusion;

(7) The distribution of minimal quantities of product by a licensed retail pharmacy to a licensed practitioner for office use;

(8) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by a charitable organization to a nonprofit affiliate of the organization to the extent otherwise permitted by state and federal law;

(9) The distribution of a product pursuant to the sale or merger of a pharmacy or pharmacies or a wholesale distributor or wholesale distributors, except that any records required to be maintained for the product shall be transferred to the new owner of the pharmacy or pharmacies or wholesale distributor or wholesale distributors;

(10) A combination product that is:

(a) A product composed of a device and one or more other regulated components, such as a drug or device, biologic or device, or drug, device or biologic, that are physically, chemically, or otherwise combined or mixed and produced as a single entity;

(b) Two or more separate products packaged together in a single package or as a unit and composed of a drug and device or a device and biological product; or

(c) Two or more finished medical devices plus one or more drug or biological products that are packaged together in what is referred to as a medical convenience kit as described in subdivision (11);

(11) The distribution of a collection of finished medical devices, which may include a product or biological product, assembled in kit form strictly for the convenience of the purchaser or user if:

(a) The medical convenience kit is assembled in an establishment that is registered with the United States Food and Drug Administration as a device manufacturer;

(b) The medical convenience kit does not contain a federally scheduled controlled substance;

(c) In the case of a medical convenience kit that includes a product, the person who manufactured the kit purchased the product directly from the pharmaceutical manufacturer or from a wholesale distributor that purchased the product directly from the pharmaceutical manufacturer, and does not alter the primary container or label of the product as purchased from the manufacturer or wholesale distributor; and

(d) In the case of a medical convenience kit that includes a product, the product is an intravenous solution intended for the replenishment of fluids and electrolytes; a product intended to maintain the equilibrium of water and minerals in the body; a product intended for irrigation or reconstitution; an anesthetic; an anticoagulant; a vasopressor; or a sympathomimetic;

(12) The distribution of an intravenous product that, by its formulation, is intended for the replenishment of fluids and electrolytes (such as sodium, chloride, and potassium) or calories (such as dextrose and amino acids);

(13) The distribution of an intravenous product used to maintain the equilibrium of water and minerals in the body, such as dialysis solutions;

(14) The distribution of a product that is intended for irrigation, or sterile water, whether intended for such purposes or for injection;

(15) The distribution of a medical gas; or

(16) The distribution or sale of any licensed biologic product that meets the definition of device under federal law.

Source: SL 2017, ch 174, § 3.
S.D. Codified Laws § 36-4B-24 — SD Code / Title 36 / Chapter 4B / Section 36-4B-24
Supervising physician--Immunity--Exception
Status: in_force

A physician, nurse practitioner, or physician assistant who supervises emergency medical services personnel is not liable for any civil damages for any act or omission of the emergency medical services personnel, where the life of a patient is in immediate danger, unless the act or omission was the result of gross negligence or willful misconduct.

Source: SL 1978, ch 269, § 24; SL 2024, ch 153, § 22.
S.D. Codified Laws § 36-34-21 — SD Code / Title 36 / Chapter 34 / Section 36-34-21
Grounds for disciplinary sanctions--Hearing--Notice
Status: in_force

Any practitioner subject to this chapter shall practice in accordance with the standards established by the board and is subject to the exercise of the disciplinary sanctions enumerated in § 36-34-23 if, after a hearing in the manner provided in chapter 1-26 , the board finds that:

(1) A practitioner has employed or knowingly cooperated in fraud or material deception in order to obtain a recognition, certificate, or license to practice the profession, or has engaged in fraud or material deception in the course of professional services or activities;

(2) A practitioner has been convicted in any court of a felony;

(3) A practitioner has engaged in or permitted the performance of unacceptable patient care by the practitioner or by auxiliaries working under the practitioner's supervision due to any deliberate or negligent act or failure to act;

(4) A practitioner has knowingly violated any provision of this chapter or board rules;

(5) A practitioner has continued to practice although the practitioner has become unfit to practice due to professional incompetence, failure to keep abreast of current professional theory or practice, physical or mental disability, or addiction or severe dependency upon or use of alcohol or other drugs which endanger the public by impairing a practitioner's ability to practice safely;

(6) A practitioner has engaged in lewd or immoral conduct in connection with the delivery of addiction counseling or prevention services to consumers;

(7) A practitioner has employed or assisted, or is employing or assisting, a person who holds oneself out as recognized, certified, or licensed in accordance with this chapter, but who is not recognized, certified, or licensed in accordance with this chapter;

(8) A practitioner submitted false, misleading, or inaccurate information to the board in obtaining issuance or renewal of recognition, certification, or licensure; or

(9) A practitioner has failed to provide information or documents requested by the board in the investigation or prosecution of a professional or ethical complaint filed with the board.

Each legally required notice must be sent via ordinary first-class mail to the most recent address that the practitioner has reported to the board. The practitioner has the duty to maintain an accurate and current mailing address with the board.

Source: SL 2004, ch 253, § 22; SL 2013, ch 183, § 21; SL 2026, ch 163, § 8.
S.D. Codified Laws § 36-16-5 — SD Code / Title 36 / Chapter 16 / Section 36-16-5
Oath of office--Tenure
Status: in_force

A member of the State Electrical Commission shall qualify by taking and subscribing the oath of office required by other state officers, which shall be filed in the Office of the Secretary of State. Each member shall hold his office until his successor is appointed and qualified.

Source: SL 1963, ch 216, § 3.
S.D. Codified Laws § 36-26-13 — SD Code / Title 36 / Chapter 26 / Section 36-26-13
Board to issue licenses
Status: in_force

The board shall issue a license as a certified social worker, a social worker, or a social work associate, or a multistate license as provided in § 36-26A-1 .

Source: SL 1975, ch 22, § 12; SL 2026, ch 161, § 1.
S.D. Codified Laws § 36-4A-40 — SD Code / Title 36 / Chapter 4A / Section 36-4A-40
Suspension of license for mental incompetence
Status: in_force

The provisions of § 36-4-32 shall apply to physician assistants.

Source: SL 1973, ch 250, § 23; SL 1999, ch 192, § 8.
S.D. Codified Laws § 36-14-24 — SD Code / Title 36 / Chapter 14 / Section 36-14-24
Fees generally--Promulgation of rules
Status: in_force

The Board of Barber Examiners shall promulgate rules, in accordance with chapter 1-26 , to set the following fees, which may not exceed the amounts specified:

(1) An examination to determine an applicant's fitness to receive a certificate of registration to practice barbering and the issuance of the certificate, three hundred dollars;

(2) The annual renewal of a certificate of registration to practice barbering, three hundred dollars;

(3) The restoration of an expired certificate, thirty-five dollars, plus twenty-five dollars for each year the certificate is expired;

(4) A permit to operate a barber school, six hundred dollars annually; and

(5) An annual inspection of a barbershop or barber school, one hundred fifty dollars.

Source: SDC 1939, § 27.1618; SL 1964, ch 88, § 5; SL 1979, ch 257, § 6; SL 1982, ch 276, § 3; SL 1986, ch 302, § 18; SL 1995, ch 220, § 5; SL 2007, ch 216, § 1; SL 2008, ch 191, § 32; SL 2017, ch 175, § 11; SL 2025, ch 155, § 2, eff. Mar. 10, 2025.
S.D. Codified Laws § 36-4-39 — SD Code / Title 36 / Chapter 4 / Section 36-4-39
Physicians licensed in other jurisdictions permitted to provide certain services without state license
Status: in_force

Notwithstanding anything in this chapter to the contrary, a physician who holds a permanent, unrestricted license to practice medicine or osteopathy in any other state, in a territory of the United States, in the District of Columbia, or in a Province of Canada is not required to obtain a license from the Board of Examiners prior to:

(1) Participating as a member of a team engaged in the harvesting of an organ;

(2) Providing services on board an air ambulance as part of a treatment team;

(3) Providing one time consultation or teaching assistance for no more than twenty-four hours;

(4) Providing consultation or teaching assistance previously approved by the Board of Examiners, for charitable organizations; or

(5) Providing, subject to the terms of an employment contract or verbal agreement, medical care to an individual athlete, to members of an athletic team, or to any person authorized to accompany an athlete or an athletic team for the purposes of providing services related to the athletic activity. The exception authorized in this subdivision does not extend to the provision of medical services by the physician at a health care facility.

Source: SL 1992, ch 266, § 1; SL 2019, ch 168, § 1.
S.D. Codified Laws § 36-6A-59 — SD Code / Title 36 / Chapter 6A / Section 36-6A-59
Disciplinary sanctions for professional incompetence, unprofessional or dishonorable conduct, or violation of chapter--Physical or mental examination
Status: in_force

Each licensee and registrant subject to this chapter shall conduct his or her practice in accordance with the standards established by the board. Each licensee or registrant is subject to the exercise of the disciplinary sanctions enumerated in this chapter upon satisfactory proof by clear and convincing evidence in compliance with chapter 1-26 of the licensee's or registrant's professional incompetence, or unprofessional or dishonorable conduct, or proof of a violation of this chapter in any respect.

For the purposes of this section, professional incompetence is 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 licensee or registrant in at least a reasonably safe and effective way. If the services are not commonly provided by a licensee or registrant in this state, professional incompetence is a deviation from the national standard of competence, which is that minimum degree of skill and knowledge necessary for the performance of characteristic tasks of a licensee or registrant in at least a reasonable safe and effective way.

No sanctions may be authorized based solely on monetary concerns or business practices that do not violate any provision of this chapter or any rule promulgated thereunder.

The board may order a licensee or registrant to submit to a reasonable physical or mental examination if the physical or mental capacity to practice safely is at issue in a disciplinary proceeding. Failure to comply with a board order to submit to a physical or mental examination renders a licensee or registrant liable to the summary revocation procedures described in §§ 36-6A-23 and 36-6A-24 .

Source: SDC 1939, § 27.0607; SL 1971, ch 213, § 37; SL 1981, ch 275, § 26; SL 1992, ch 269, § 55; SL 2015, ch 199, § 72.
S.D. Codified Laws § 36-10-33 — SD Code / Title 36 / Chapter 10 / Section 36-10-33
Licensure expiration--Renewal--Fee--Promulgation of rules--Forfeiture
Status: in_force

A license issued by the State Board of Physical Therapy, pursuant to this chapter, expires on January first of the second year following its issuance. A license may be renewed upon payment of a fee, in an amount established by the board, in rule pursuant to chapter 1-26 , but not exceeding three hundred dollars.

Failure of a licensee to renew the license on or before July first of the second year following issuance constitutes a forfeiture of the license.

Source: SL 1955, ch 96, § 8; SDC Supp 1960, § 27.09A08; SDCL § 36-10-13; SL 1972, ch 205, § 14; SL 1988, ch 300, § 4; SL 1999, ch 190, § 3; SL 2008, ch 191, § 24; SL 2017, ch 173, § 8; SL 2023, ch 136, § 17.
S.D. Codified Laws § 36-5-1.1 — SD Code / Title 36 / Chapter 5 / Section 36-5-1.1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Board," the South Dakota Board of Chiropractic Examiners;

(2) "Chiropractic assistant," a properly qualified person who has completed an educational training program approved by the board, who assists in basic health care duties in the practice of chiropractic under the supervision of a doctor of chiropractic, and who performs delegated duties commensurate with the chiropractic assistant’s education and training, but who does not evaluate, interpret, design, or modify established treatment programs of chiropractic care or violate any statute;

(3) "Chiropractic radiography," the application of X-radiation within the scope of practice of chiropractic for diagnostic purposes only; and

(4) "Chiropractic specialist," a chiropractor who has graduated from a postdoctoral specialty program accredited by the board.

Source: SL 2021, ch 173, § 1.
S.D. Codified Laws § 36-18A-45.1 — SD Code / Title 36 / Chapter 18A / Section 36-18A-45.1
Digital signatures
Status: in_force

Each drawing, report, or document that is signed and sealed using a digital signature shall have an electronic authentication process attached to or logically associated with the electronic document. The licensee's use of a digital signature is optional and, if used, shall be:

(1) Unique to the licensee;

(2) Capable of verification;

(3) Under the sole control of the licensee using it; and

(4) Linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed.

A digital signature that uses a process approved by the board is presumed to meet the criteria provided in this section. Any hard copy printed from the transmitted electronic file shall bear the facsimile of the signature and seal and shall be a confirmation that the electronic file was not altered after the initial digital signing of the file. Any alterations to the file shall cause the facsimile of the signature to be voided.

Source: SL 2007, ch 219, § 15; SL 2016, ch 196, § 3.
S.D. Codified Laws § 36-11-21 — SD Code / Title 36 / Chapter 11 / Section 36-11-21
Continuing validity of prior certificates
Status: in_force

Nothing in this chapter shall be construed to invalidate any certificate of registration in force on July 1, 1967.

Source: SDC 1939, § 27.1007; SL 1967, ch 102, § 9.
S.D. Codified Laws § 36-4C-24 — SD Code / Title 36 / Chapter 4C / Section 36-4C-24
Injunction as alternative to criminal proceedings
Status: in_force

Any person violating any provision of this section may be enjoined from further violations by a suit brought by the state's attorney of the county wherein the violation occurred or suit may be brought by any citizen of this state. An action for injunction is an alternative to criminal proceedings, and the commencement of one proceeding by the board constitutes an election.

Source: SL 1993, ch 273, § 24.
S.D. Codified Laws § 36-20B-40 — SD Code / Title 36 / Chapter 20B / Section 36-20B-40
Disciplinary action--Remedies available to board--Grounds
Status: in_force

The board may, in accordance with chapter 1-26 , revoke any certificate, license, or permit issued pursuant to this chapter or corresponding provisions of prior law or revoke or limit practice privileges under the provisions of § 36-20B-66 or 36-20B-67 ; suspend any such certificate, license, or permit, or refuse to renew any such certificate, license, or permit for a period of not more than five years; reprimand, censure, or limit the scope of practice of any licensee; impose an administrative fine not exceeding one thousand dollars, or place any licensee on probation, all with or without terms, conditions, and limitations, for any one or more of the following reasons:

(1) Fraud or deceit in obtaining a certificate or permit;

(2) Cancellation, revocation, suspension, or refusal to renew a certificate, license, or permit to engage in the practice of public accountancy in any other state for any cause;

(3) Failure, on the part of a holder of a certificate, license, or permit under this chapter or registration under this chapter, or of a certificate, license or permit issued by another state, to maintain compliance with the requirements for issuance or renewal of such certificate, license, permit, or registration or to report changes to the board;

(4) Revocation or suspension of the right to practice before any state or federal agency;

(5) Dishonesty, fraud, or repeated acts of negligence in the performance of services as a licensee or individual granted practice privileges under the provisions of § 36-20B-66 or 36-20B-67 or in the filing or failure to file one's own income tax returns;

(6) Violation of any provision of this chapter or rule, promulgated by the board pursuant to chapter 1-26 , or violation of professional standards;

(7) Violation of any rule of professional conduct promulgated by the board pursuant to chapter 1-26 ;

(8) Conviction of a felony, or of any crime an element of which is dishonesty or fraud, under the laws of the United States, of this state, or of any other state if the acts involved would have constituted a crime under the laws of this state;

(9) Performance of any fraudulent act while holding a certificate, license, or permit or privilege issued under this chapter or prior law;

(10) Any conduct reflecting adversely upon the licensee's fitness to perform services while a licensee or individual granted practice privileges under the provisions of § 36-20B-66 or 36-20B-67 ;

(11) Making any false or misleading statement or verification, in support of an application for a certificate, registration, or permit filed by another; and

(12) Dishonesty or repeated acts of negligence in the performance of peer reviews.

In lieu of or in addition to any remedy specifically provided in this section, the board may require of a licensee a peer review conducted in the manner as the board may specify or satisfactory completion of the continuing professional education programs as the board may specify, or both.

In any proceeding in which a remedy provided by this section is imposed, the board may also require the respondent licensee to pay the costs of the proceeding.

Source: SL 2002, ch 179, § 41; SL 2005, ch 199, § 54; SL 2009, ch 185, § 9.
S.D. Codified Laws § 36-18A-18 — SD Code / Title 36 / Chapter 18A / Section 36-18A-18
Board to elect officers--Meetings--Quorum--Inclusion in blanket bond
Status: in_force

The board shall annually elect from its members a chair, a vice chair, and a secretary. The board shall hold at least six regular meetings in each year. Special meetings may be called and notice of all meetings shall be given in such manner as the public meetings laws may provide. At all meetings, a majority of the board constitutes a quorum. The board and its employees may be included in the state blanket bond purchased pursuant to § 3-5-5.1 .

Source: SL 1999, ch 195, § 18; SL 2007, ch 219, § 9.
S.D. Codified Laws § 36-29-28 — SD Code / Title 36 / Chapter 29 / Section 36-29-28
Violation 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 1984, ch 255, § 28.
S.D. Codified Laws § 36-11-46.9 — SD Code / Title 36 / Chapter 11 / Section 36-11-46.9
Dispensing interchangeable biological products
Status: in_force

A pharmacist dispensing a prescription drug order for a biological product prescribed by its brand or proper name may select an interchangeable biological product of the prescribed product. Within five business days following the dispensing of a biological product, the dispensing pharmacist or the pharmacist's designee shall make an entry of the specific product provided to the patient, including the name of the product and the manufacturer. The communication shall be conveyed by making an entry that is electronically accessible to the prescriber through:

(1) An interoperable electronic medical records system;

(2) An electronic prescribing technology;

(3) A pharmacist benefit management system; or

(4) A pharmacy record.

Source: SL 2018, ch 231, § 9.
S.D. Codified Laws § 36-4A-27 — SD Code / Title 36 / Chapter 4A / Section 36-4A-27
Practice of auxiliary professions not authorized
Status: in_force

Nothing in this chapter authorizes any physician assistant to perform those specific functions and duties delegated by law to those persons licensed as chiropractors under chapter 36-5 , dentists and dental hygienists under chapter 36-6A , optometrists under chapter 36-7 , podiatrists under chapter 36-8 or pharmacists under chapter 36-11 .

Source: SL 1973, ch 250, § 29; SL 2007, ch 207, § 13.
S.D. Codified Laws § 36-16-31 — SD Code / Title 36 / Chapter 16 / Section 36-16-31
Condemnation of hazardous installations--Notice--Appeal to commission and circuit court
Status: in_force

Inspectors authorized by the State Electrical Commission to conduct inspections may condemn installations hazardous to life and property and may order service thereto discontinued. Such action may not be taken except after notice to the owner of the property and shall be subject to the owner's right of appeal to the commission. The commission shall comply with chapter 1-26 , and its decision may be appealed as provided by chapter 1-26 .

Source: SL 1963, ch 216, § 5 (2); SL 1967, ch 128, § 2; revised pursuant to SL 1972, ch 15, § 4.
S.D. Codified Laws § 36-9-35 — SD Code / Title 36 / Chapter 9 / Section 36-9-35
Fees required of registered nurses
Status: in_force

The board shall promulgate by rule, pursuant to chapter 1-26 , the following nonrefundable registered 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 initial certified registered nurse anesthetist licensure, not more than two hundred dollars;

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

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

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

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

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

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

(11) For biennial renewal of certified registered nurse anesthetist license, not more than one hundred fifty dollars;

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

(13) For issuance of any limited license, not more than thirty dollars.

Source: SDC 1939, § 27.0904; SL 1947, ch 123, § 11; SL 1955, ch 91, § 4; SDC Supp 1960, § 27.0904 (3); SL 1967, ch 101, § 4 (3); SL 1974, ch 248, § 1; SL 1976, ch 228, § 52; SL 1979, ch 255, § 28; SL 1981, ch 279, § 2; SL 1986, ch 307, § 3; SL 1988, ch 299; SL 1989, ch 324, § 1; SL 1989, ch 325, § 9; SL 1990, ch 304, § 1; SL 2003, ch 200, § 1; SL 2008, ch 191, § 20; SL 2016, ch 194, § 20.
S.D. Codified Laws § 36-38-25 — SD Code / Title 36 / Chapter 38 / Section 36-38-25
Criminal background checks of assistant behavior analysts and paraprofessionals
Status: in_force

Any assistant behavior analyst or paraprofessional who delivers applied behavior analysis services under the extended authority and direction of a behavior analyst shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation. The behavior analyst who supervises the assistant behavior analyst or paraprofessional is responsible for any fees charged for the cost of fingerprinting or the criminal background investigation as required by this section. Each criminal record provided to the board under this section is confidential. The board may use the records only in determining an assistant behavior analyst's or paraprofessional's eligibility to be supervised by an applied behavior analyst for the delivery of applied behavior analysis.

Source: SL 2016, ch 199, § 25; SL 2019, ch 175, § 1.
S.D. Codified Laws § 36-27A-9 — SD Code / Title 36 / Chapter 27A / Section 36-27A-9
Board within Department of Social Services--Department providing administrative functions--Expenses--Reports
Status: in_force

The Board of Examiners of Psychologists is within the Department of Social Services and shall exercise all its prescribed functions. The department shall provide all administrative functions other than those of the board member serving as secretary. The expenses of the department shall be paid from the account established in § 36-27A-37 , on vouchers approved by the secretary of social services. The board shall submit records, information and reports in the form and at the time required by the secretary of social services.

Source: SL 1976, ch 235, § 10; SDCL Supp, § 36-27-17; SL 1981, ch 281, § 9; SL 1982, ch 15, § 6; SL 1983, ch 275; SL 2003, ch 272 (Ex. Ord. 03-1), § 45; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 36-2-18 — SD Code / Title 36 / Chapter 2 / Section 36-2-18
Unaffiliated health care facility
Status: in_force

As used in § 36-2-19 , unaffiliated health care facility is both a health care facility licensed pursuant to chapter 34-12 and any imaging center, pharmacy, surgical center, laboratory, supplier of durable medical equipment, home health agency, rehabilitation facility, or similar facility or business providing services or products intended for the diagnosis or treatment of any human ill.

Source: SL 1994, ch 290, § 1.
S.D. Codified Laws § 36-9-67.1 — SD Code / Title 36 / Chapter 9 / Section 36-9-67.1
Educational programs conducted or sponsored by board
Status: in_force

The Board of Nursing may conduct or sponsor such studies, workshops, or refresher courses as deemed necessary by the board.

Source: SL 1967, ch 101, § 3 (3) (p); SDCL, § 36-9-61; SL 1979, ch 255, § 66.
S.D. Codified Laws § 36-20B-20 — SD Code / Title 36 / Chapter 20B / Section 36-20B-20
Reciprocity of examination credits--Waiver of examination requirements
Status: in_force

An applicant shall be given credit for any parts of an examination passed in another state if such credit would have been given, under then applicable requirements, if the applicant had taken the examination in this state. The board may in particular cases waive or defer any of the foregoing requirements regarding the circumstances in which the various parts of the examination shall be passed, upon a showing that, by reason of circumstances beyond the applicant's control, the applicant was unable to meet such requirement.

Source: SL 2002, ch 179, § 19.
S.D. Codified Laws § 36-18A-9 — SD Code / Title 36 / Chapter 18A / Section 36-18A-9
Certain persons exempt from provisions of chapter
Status: in_force

This chapter does not apply to:

(1) Any person engaged in military engineering while rendering service exclusively for any of the armed forces of the United States or this state;

(2) Any person engaged in the practice of engineering, architecture, landscape architecture, or land surveying in the employ of the United States government but only while exclusively engaged as a United States government employee on such government project or projects which lie within federally-owned land;

(3) Any person engaged in the practice of engineering, architecture, landscape architecture, or land surveying in the employ of the state and any of its political subdivisions but only while rendering service exclusively to such employer. Any building project resulting from the practice of engineering, architecture, landscape architecture, or land surveying under this subdivision is subject to the size limitation imposed under the exemptions in subdivision (8) of this section;

(4) Any employee who prepares technical submissions or administers construction contracts for a person or organization lawfully engaged in the practice of engineering, architecture, landscape architecture, or land surveying, if the employee is under the direct supervision of a registered professional engineer, architect, landscape architect, or land surveyor;

(5) Any full-time employee of a corporation, partnership, firm, business entity, or public utility while exclusively doing work for the corporation, partnership, firm, business entity, or public utility, if the work performed is in connection with the property, products, and services utilized by the employer and not for any corporation, partnership, firm, or business entity practicing or offering to practice architectural, engineering, landscape architecture, or land surveying services to the public. The provisions of this subdivision do not apply to any building or structure if the primary use is occupancy by the public;

(6) Any person engaged in the preparation of plans and specifications for the erection, enlargement, or alteration of any of the following buildings:

(a) Any dwelling for a single family, and any outbuilding in connection therewith, such as a barn or private garage;

(b) Any two, three, or four family dwelling;

(c) Any five to sixteen family dwelling, inclusive, located in a governmental subdivision of this state which provides a detailed building code review of building projects by a building inspection department which is a governmental member of the International Code Council (ICC) or an ICC certified plans examiner;

(d) Any farm or ranch building or accessory thereto except any building regularly used for public purposes; or

(e) Any temporary building or shed used exclusively for construction purposes, not exceeding two stories in height, and not used for living quarters;

(7) Any person who prepares detailed or shop plans required to be furnished by a contractor to a registered professional engineer or architect, and any construction superintendent supervising the execution of work designed by an architect or professional engineer registered in accordance with this chapter;

(8) Any person engaged in the preparation of plans and specifications for the new construction, the enlargement or the alteration of any of the following buildings:

(a) Any building occupied as a hospital, hotel, motel, restaurant, library, medical office, nursing facility, assisted living facility, jail, retirement home, or mortuary, if the gross square footage of the new construction, the enlargement, or the alteration is four thousand square feet or less;

(b) Any building occupied as an auditorium, church, school, or theater if the gross square footage of the new construction, the enlargement, or the alteration is five thousand square feet or less;

(c) Any building occupied as a bowling alley, office, shopping center, bank, fire station, service station, or store if the gross square footage of the new construction, the enlargement, or the alteration is seven thousand square feet or less;

(d) Any building occupied as an industrial plant or public garage if the gross square footage of the new construction, the enlargement, or the alteration is eleven thousand square feet or less;

(e) Any building occupied as a warehouse if the gross square footage of the new construction, the enlargement, or the alteration is twenty thousand square feet or less;

(f) Any building with an occupancy other than those listed in subsections (a) to (e), inclusive, of this subdivision if the gross square footage of the new construction, the enlargement, or the alteration is four thousand square feet of less; or

(g) Any preengineered or predesigned building, or any preengineered or predesigned building with a predesigned system, designed for the intended use of that building, including building structure, electrical, plumbing, and mechanical systems, if the buildings and systems are supplied directly, or indirectly, by a company engaged in the business of designing and supply such buildings and systems and if the company has in its employ one or more engineers or architects licensed in South Dakota, who prepare all designs for such buildings and systems.

No person exempted may use the title of professional engineer, architect, landscape architect, or land surveyor, or any other word, words, letters, or signs in connection with the person's name that may falsely convey the impression that the person is a licensed professional engineer, architect, landscape architect, or land surveyor.

Source: SL 1999, ch 195, § 9; SL 2007, ch 219, § 7; SL 2016, ch 195, § 3.
S.D. Codified Laws § 36-15-19.5 — SD Code / Title 36 / Chapter 15 / Section 36-15-19.5
Esthetician's examination--Issuance of license--Annual expiration and renewal
Status: in_force

Each applicant for an esthetician license who has complied with § 36-15-2.3 shall take the prescribed examination in the practice of esthetics. The commission shall determine the contents of the examination. Upon successful completion of the required education, passing the examination to the satisfaction of the commission and the receipt of the fee required in this chapter, the applicant shall be licensed as an esthetician in the practice of esthetics. Any esthetician license issued by the commission pursuant to this chapter expires annually on a date set by the commission in rules promulgated pursuant to chapter 1-26 , and is renewable annually.

Source: SL 2003, ch 202, § 28; SL 2018, ch 233, § 6.
S.D. Codified Laws § 36-9A-7 — SD Code / Title 36 / Chapter 9A / Section 36-9A-7
Inspection of premises by board--Refusal as misdemeanor
Status: in_force

The board may enter and inspect, during business hours, any place where the certified nurse practitioner or certified nurse midwife practiced for the purpose of enforcing this chapter and any rules promulgated by the board pursuant to this chapter. The refusal to allow an inspection is a Class 1 misdemeanor. An inspection authorized in this section may include any medical or drug records, and the copying thereof, and any inventory relating to drugs and controlled substances required to be kept under the provisions of chapter 34-20B . The board shall maintain the confidentiality of any records obtained pursuant to this section.

Source: SL 1979, ch 256, § 34; SL 2017, ch 171, § 11.
S.D. Codified Laws § 36-10-45 — SD Code / Title 36 / Chapter 10 / Section 36-10-45
Action on license--Vote requirement
Status: in_force

A decision of the State Board of Physical Therapy to suspend, revoke, or cancel a license requires a majority vote of the board members.

Source: SL 1972, ch 205, § 22; SL 2023, ch 136, § 27.
S.D. Codified Laws § 36-10-18.5 — SD Code / Title 36 / Chapter 10 / Section 36-10-18.5
State Board of Physical Therapy--Terms--Vacancy
Status: in_force

The term of office for each member of the State Board of Physical Therapy is four years and begins on July first. The Governor shall stagger the initial terms so that no more than two terms expire each year.

If a member's office is vacant, the Governor shall appoint a new member to complete the unexpired term.

A member may not serve for more than two consecutive full terms. A member who is appointed to fill an unexpired term is not considered to have served a full term, unless the duration of that service exceeds two years.

Source: SL 2023, ch 136, § 5.
S.D. Codified Laws § 36-15-20.1 — SD Code / Title 36 / Chapter 15 / Section 36-15-20.1
Lapsed licenses and renewals--Reinstatement--Promulgation of rules--Fee
Status: in_force

The commission shall promulgate rules, in accordance with chapter 1-26 , concerning the reinstatement of a lapsed license and a lapsed renewal, as provided for in this chapter. The commission shall promulgate rules, in accordance with chapter 1-26 , to establish a fee that may be no greater than forty dollars for each year the license or renewal has lapsed. The commission shall also collect the fee for the license and renewal, as provided for in this chapter.

Source: SDC 1939, § 27.1509 as enacted by SL 1957, ch 118, § 1; SDCL § 36-15-55; SL 1972, ch 206, § 22; SL 1986, ch 302, § 5; SL 2001, ch 206, § 2; SL 2007, ch 218, § 2; SL 2025, ch 156, § 3.
S.D. Codified Laws § 36-9A-3 — SD Code / Title 36 / Chapter 9A / Section 36-9A-3
Unlicensed practice permitted in certain situations
Status: in_force

This chapter does not prohibit the performance of the functions of a certified nurse practitioner or certified nurse midwife by an unlicensed person if performed:

(1) In an emergency situation;

(2) By a legally qualified person from another state employed by the United States government and performing the person's official duties in this state; or

(3) By a person enrolled in an approved program for the preparation of certified nurse practitioners or certified nurse midwives, as a part of that approved program.

Source: SL 1979, ch 256, § 12; SL 1995, ch 218, § 6; SL 2017, ch 171, § 6.
S.D. Codified Laws § 36-20B-57 — SD Code / Title 36 / Chapter 20B / Section 36-20B-57
Certified, chartered, enrolled, licensed, registered, or accredited accountant--Restrictions on use of title and designation--Restrictions on use of certain language
Status: in_force

No person or firm, not holding a valid certificate, permit, or registration issued under this chapter, may assume or use the title, certified accountant, chartered accountant, enrolled accountant, licensed accountant, registered accountant, accredited accountant, or any other title or designation likely to be confused with the titles, certified public accountant or public accountant, or use any of the abbreviations CA, LA, RA, AA, or similar abbreviation likely to be confused with the abbreviations, CPA or PA. However, the provisions of this section do not apply to any individual granted practice privileges under the provisions of § 36-20B-66 or 36-20B-67 or to any firm which is exempt from the permit requirements pursuant to § 36-20B-32.2 or 36-20B-32.3 . The title, Enrolled Agent or EA may only be used by individuals so designated by the Internal Revenue Service.

No nonlicensee, except an individual granted practice privileges under the provisions of § 36-20B-66 or 36-20B-67 , may use language in any statement relating to the financial affairs of a person or entity which is conventionally used by licensees in reports on financial statements.

Source: SL 2002, ch 179, § 58; SL 2009, ch 185, § 21.
S.D. Codified Laws § 36-20B-25 — SD Code / Title 36 / Chapter 20B / Section 36-20B-25
Certificate to applicant licensed by another state--Requirements
Status: in_force

The board must issue a certificate to an applicant who holds a certificate, license, or permit issued by another state, if the applicant provides documentation that:

(1) The applicant has passed the examination required for certification in the applicant's state, with grades that would have been passing grades at the time in this state;

(2) The applicant has at least four years of experience of the type described in this chapter, or the applicant meets equivalent requirements prescribed by the board, by rule promulgated pursuant to chapter 1-26 , after passing the examination, upon which the applicant's certificate was based, and within the ten years immediately preceding the application; and

(3) The applicant has fulfilled the requirements of continuing professional education that would have been applicable under subdivision (2), if the applicant's certificate, license, or permit was issued more than four years prior to submitting an application for an initial certificate under this chapter.

Source: SL 2002, ch 179, § 26; SL 2026, ch 160, § 6.
S.D. Codified Laws § 36-37-20 — SD Code / Title 36 / Chapter 37 / Section 36-37-20
Supervision of speech-language pathology assistant
Status: in_force

A speech-language pathology assistant must be supervised by a speech-language pathologist, or a speech-language pathologist with a limited license, who has at least two years of experience. Any time licensed as a provisional speech-language pathologist counts toward the two-year experience requirement. The supervising speech-language pathologist:

(1) Is responsible for the extent, kind, and quality of service provided by the assistant, consistent with the board's designated standards and requirements;

(2) Shall ensure that persons receiving services from an assistant receive prior written notification that services are to be provided, in whole or in part, by a speech-language pathology assistant;

(3) May not supervise more than three speech-language pathology assistants at one time.

A speech-language pathology assistant may have more than one supervisor.

Source: SL 2012, ch 196, § 20; SL 2023, ch 141, § 15.
S.D. Codified Laws § 36-1C-12 — SD Code / Title 36 / Chapter 1C / Section 36-1C-12
Written waiver of procedures
Status: in_force

An applicant for a license or licensee may, in writing, waive any procedure granted to the applicant or licensee under this chapter.

Notwithstanding any other provision of law, nothing in this chapter shall be construed to limit an agency's authority for emergency action under § 1-26-29 .

Source: SL 2021, ch 168, § 12.
S.D. Codified Laws § 36-11-19.1 — SD Code / Title 36 / Chapter 11 / Section 36-11-19.1
Authority of pharmacists--Drug administration standards--Promulgation of rules--Standards committee--Members--Appointment
Status: in_force

A pharmacist may:

(1) Perform drug administration pursuant to a prescription drug order;

(2) Perform drug reviews;

(3) Perform or participate in scientific or clinical drug or drug - related research as an investigator or in collaboration with other investigators;

(4) Interpret and apply pharmacokinetic data and other pertinent laboratory data to design safe and effective drug dosage regimens;

(5) Participate in drug and drug device selection pursuant to a prescription drug order;

(6) Initiate or modify drug therapy by protocol or other legal authority established and approved within a licensed health care facility or by a practitioner authorized to prescribe drugs; and

(7) Provide information on prescription drugs, which may include advising, consulting, and educating, as necessary or as required, patients, the public, and other health care providers on the rational, safe and cost - effective use of drugs, including therapeutic values, content, hazards and appropriate use.

The board shall establish standards for drug administration, in rules promulgated pursuant to chapter 1-26 , with the approval of a committee composed of two persons appointed by the board, two persons appointed by the South Dakota Board of Nursing, and two persons appointed by the State Board of Medical and Osteopathic Examiners.

Source: SL 1993, ch 278, § 2; SL 2025, ch 154, § 9.
S.D. Codified Laws § 36-26-36 — SD Code / Title 36 / Chapter 26 / Section 36-26-36
Appeal from board rulings or decisions
Status: in_force

Any party feeling aggrieved by any acts, rulings or decisions of the board relating to refusal to grant or to cancellation, revocation or suspension of a license shall have the right to appeal pursuant to chapter 1-26 .

Source: SL 1975, ch 22, § 34.
S.D. Codified Laws § 36-27A-2 — SD Code / Title 36 / Chapter 27A / Section 36-27A-2
Exempt persons
Status: in_force

The provisions of this chapter do not apply to the following persons:

(1) Employees of a regionally accredited academic institution while performing their teaching, training or research duties;

(2) Employees working in public or private nonprofit organizations or institutions if they are being supervised by a licensed psychologist. The nature of an acceptable supervisory relationship shall be specified by the Board of Examiners of Psychologists in rules promulgated pursuant to chapter 1-26 ;

(3) Students of psychology, psychology interns or persons preparing for the practice of psychology, if they are designated by the title psychology trainee, psychology intern, or similar title which clearly indicates their training status. Persons engaged in obtaining their one year of supervised postdoctoral psychology practice are also exempt;

(4) Persons who are not residents of this state, and who have not established offices in this state, who render psychological services in this state for a period which does not exceed an aggregate of more than twenty days during any one year, if they are authorized under the laws of the state or country of their residence to perform these activities and services. If a provider exceeds ten consecutive days of practice in this state in any calendar year the provider shall report to the board, in writing, the nature and extent of the provider's practice in this state;

(5) Persons consulting in the specialty areas of experimental psychology, industrial/organizational psychology, developmental psychology, social psychology, human factors psychology, and research design. Persons, who represent themselves as consulting in these specialty areas, shall notify the board of the general nature of their activities, unless they are otherwise exempted by this section;

(6) School psychologists and school psychological examiners certified by the Department of Education practicing and functioning within the scope of their employment if they use the title certified school psychologist or school psychological examiner;

(7) Qualified physicians, surgeons, dentists, osteopaths, optometrists, chiropractors, podiatrists, registered nurses, attorneys, court employees, marriage counselors, family counselors, members of the clergy, mental health counselors, school counselors, rehabilitation counselors, employment counselors, guidance counselors, social workers, or licensed professional counselors doing work within the standards and ethics of their respective professions if they do not hold themselves out to the public by any title incorporating the term psychology; or

(8) Employers in the normal course of evaluating and assessing the skills, aptitudes, and interests of employees and job applicants.

Source: SL 1976, ch 235, § 3; SDCL Supp, §§ 36-27-4 to 36-27-10; SL 1981, ch 281, § 2; SL 1995, ch 225, §§ 2A, 2B; SL 2008, ch 197, § 2; SL 2010, ch 77, § 25.
S.D. Codified Laws § 36-15-5 — SD Code / Title 36 / Chapter 15 / Section 36-15-5
Annual election of officers of commission--Meetings--Quorum
Status: in_force

The commission shall organize at its first meeting after July first of each year by electing from its membership a president, a vice - president, and a secretary - treasurer. The commission shall meet at such times and places as shall be designated by the commission. Any three members of the commission constitute a quorum for the transaction of business.

Source: SDC 1939, § 27.1504 as enacted by SL 1957, ch 118, § 1; SL 1963, ch 155; SL 1972, ch 206, § 4; SL 2003, ch 202, § 7.
S.D. Codified Laws § 36-27A-3 — SD Code / Title 36 / Chapter 27A / Section 36-27A-3
Board of examiners-Number of members--Qualifications--Appointment
Status: in_force

The Board of Examiners of Psychologists consists of seven members, two of whom shall be lay members. The remaining five members are to be psychologists licensed pursuant to this chapter at the doctoral level for a minimum of two years and broadly representing a cross section of the profession of psychology. The credentials of each psychologist on the board shall be documented and shall be public record as provided in chapter 1-27 . The Governor shall appoint all of the members.

Source: SL 1976, ch 235, §§ 4, 7; SDCL Supp, § 36-27-11; SL 1981, ch 281, § 3; SL 2005, ch 199, § 63.
S.D. Codified Laws § 36-21A-49 — SD Code / Title 36 / Chapter 21A / Section 36-21A-49
Application fee for individual licensure
Status: in_force

The commission shall set, by rule promulgated pursuant to chapter 1-26 , an application fee not to exceed four hundred dollars. This fee shall accompany an application for individual licensure.

Source: SL 1992, ch 273, § 49; SL 1998, ch 233, § 5; SL 2002, ch 181, § 1; SL 2013, ch 177, § 19.
S.D. Codified Laws § 36-11-23 — SD Code / Title 36 / Chapter 11 / Section 36-11-23
Pharmacist license--Renewal--Expiration--Reinstatement--Late fee
Status: in_force

To renew a license to practice pharmacy, a pharmacist must, on or before September thirtieth of each year, submit a renewal application and pay to the board a renewal fee set by the board in rules promulgated in accordance with chapter 1-26 , not to exceed one hundred fifty dollars. Upon application and payment of the fee, the board shall renew the license. If a pharmacist fails to apply and pay the renewal fee, the license expires.

The board may reinstate an expired license if the individual:

(1) Applies for reinstatement; and

(2) Pays all delinquent fees, plus a fifty-dollar late fee.

Source: SDC 1939, § 27.1009; SL 1953, ch 121; SL 1967, ch 102, § 10; revised pursuant to SL 1972, ch 15, § 4; SL 1988, ch 301, § 2; SL 1996, ch 230, § 3; SL 2005, ch 199, § 35; SL 2025, ch 154, § 13.
S.D. Codified Laws § 36-4-31.5 — SD Code / Title 36 / Chapter 4 / Section 36-4-31.5
Evidence in cancellation, revocation, suspension, or limitation proceedings confidential
Status: in_force

Testimony of a witness or documentary evidence of any kind on cancellation, revocation, suspension, or limitation proceedings 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 hereinafter provided. No person in attendance at any hearing of the Board of Examiners considering cancellation, revocation, suspension, or limitation of a license, resident license, or certificate issued by it may be required to testify as to what transpired at such meeting. The prohibition relating to discovery of evidence does not apply to deny a physician access to or use of information upon which a decision regarding the physician's staff privileges was based. The prohibition relating to discovery of evidence does not apply to any person or the person's counsel in the defense of an action against the person's access to the materials covered under this section.

Source: SL 1985, ch 297, § 21; SL 2009, ch 178, § 13; SL 2013, ch 172, § 14.
S.D. Codified Laws § 36-32-89 — SD Code / Title 36 / Chapter 32 / Section 36-32-89
Violations reported to law enforcement officials--Prosecution of violations
Status: in_force

The board shall investigate an alleged violation of any provision of this chapter, pursuant to the procedures set forth in chapter 36-1C, and report the alleged violation. The board may employ special counsel subject to the supervision, control, and direction of the attorney general to assist in the prosecution of alleged criminal violations and may expend the necessary funds for this purpose.

Source: SL 2020, ch 165, § 43; SL 2021, ch 168, § 42.
S.D. Codified Laws § 36-1D-3 — SD Code / Title 36 / Chapter 1D / Section 36-1D-3
Application of chapter
Status: in_force

Nothing in this chapter may be construed to override, supersede, or invalidate any compact or agreement already in place with regard to the regulation of any profession listed under § 36-1D-4 .

Source: SL 2021, ch 169, § 3; SL 2023, ch 133, § 3.
S.D. Codified Laws § 36-7-3.2 — SD Code / Title 36 / Chapter 7 / Section 36-7-3.2
Board continued within Department of Health
Status: in_force

The board shall continue within the Department of Health.

Source: SL 1973, ch 2, § 56 (q); SL 2003, ch 272, § 41; SL 2022, ch 147, § 3.
S.D. Codified Laws § 36-19-21 — SD Code / Title 36 / Chapter 19 / Section 36-19-21
Funeral service--License requirements
Status: in_force

The board may issue a license to practice funeral service to any person who:

(1) Is at least eighteen years of age;

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

(3) Pays the application fee established by the board, in accordance with § 36-19-12.1 ;

(4) Has completed at least ninety credit hours offered by an accredited institution of higher education and obtained a degree or a certificate from a mortuary science or funeral service program that is accredited by the American Board of Funeral Service Education;

(5) Has completed a traineeship supervised by a person licensed pursuant to this chapter;

(6) Has passed the national board examination, administered by the International Conference of Funeral Service Examining Board; and

(7) Has not committed any act that constitutes a ground for denying, suspending, or revoking a license under this chapter.

Source: SDC 1939, § 27.1406 as amended by SL 1939, ch 102, § 4; SL 1951, ch 132, § 1; SL 1963, ch 154, § 3; revised pursuant to SL 1972, ch 15, § 4; SL 2020, ch 168, § 8; SL 2023, ch 137, § 11; SL 2025, ch 159, § 4.
S.D. Codified Laws § 36-16-12 — SD Code / Title 36 / Chapter 16 / Section 36-16-12
Seal of commission--Scope of rules
Status: in_force

The State Electrical Commission shall adopt a seal. The commission shall promulgate rules, pursuant to chapter 1-26 , pertaining to: license applications, examinations, continuing education, qualifications, wiring permits, electrical installation, inspection fees and procedures; local inspection systems; modular homes and structures; carnivals and seasonal dwellings and supplementary power and cogeneration systems.

Source: SL 1963, ch 216, § 5 (1); revised pursuant to SL 1972, ch 15, § 4; SL 1986, ch 302, § 22; SL 1994, ch 302, § 1; SL 1995, ch 221, § 1.
S.D. Codified Laws § 36-25-17.1 — SD Code / Title 36 / Chapter 25 / Section 36-25-17.1
Waiver of licensing requirements for applicants in rural areas and small municipalities--Examination
Status: in_force

The commission may waive certain licensing requirements for an applicant in a rural area or a municipality of less than fifteen hundred population as shown by the last federal decennial census, if the applicant passes an examination given by the commission that demonstrates that the applicant knows the laws and rules governing plumbing. Any person registered under the provisions of this section shall be restricted to performing plumbing in a rural area or a municipality of less than fifteen hundred population. The commission may, by rules promulgated pursuant to chapter 1-26 , provide for a license for applicants in a rural area or a municipality of less than fifteen hundred population.

Source: SL 2003, ch 206, § 3; SL 2012, ch 252, § 2.
S.D. Codified Laws § 36-4-31.4 — SD Code / Title 36 / Chapter 4 / Section 36-4-31.4
Reissuance of canceled, suspended, or revoked license, resident license, or certificate
Status: in_force

Upon application, the Board of Examiners may reissue a license, resident license, or certificate to practice to any person whose license, resident license, or certificate has been canceled, suspended, or revoked. No reissuance of a license, resident license, or certificate which has been canceled or revoked may be made prior to one year after the cancellation or revocation. The reissuance of any license, resident license, or certificate may be made in such manner and form and under conditions as the board may require.

Source: SDC Supp 1960, § 27.0310 as enacted by SL 1969, ch 105, § 3; SL 2009, ch 178, § 12; SL 2013, ch 172, § 13.
S.D. Codified Laws § 36-29-15 — SD Code / Title 36 / Chapter 29 / Section 36-29-15
Expired license renewal--Continuing education requirements--Limitation
Status: in_force

The board may renew an expired license if the individual submits a written application and pays the renewal fee for the current term. The board may establish additional continuing education requirements for late license renewals.

The board may not renew an expired license under this section if the license is expired for more than five years.

Source: SL 1984, ch 255, § 15; SL 2005, ch 204, § 3; SL 2024, ch 162, § 9.
S.D. Codified Laws § 36-31A-7 — SD Code / Title 36 / Chapter 31A / Section 36-31A-7
Active duty military personnel and spouses
Status: in_force

Active duty military personnel, or the spouse of such a service member, shall designate a home state in which the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual may change the home state only through application for licensure in the new state or through the process described in § 36-31A-6 .

Source: SL 2023, ch 139, § 7.
S.D. Codified Laws § 36-11-66 — SD Code / Title 36 / Chapter 11 / Section 36-11-66
Severability of provisions
Status: in_force

If any provision of this chapter is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the chapter and applicability thereof to other persons and circumstances shall not be affected thereby.

Source: SL 1967, ch 102, § 26.
S.D. Codified Laws § 36-38-2 — SD Code / Title 36 / Chapter 38 / Section 36-38-2
Conduct included within practice of applied behavior analysis
Status: in_force

The term, practice of applied behavior analysis, is the application of principles, methods, and procedures of the analysis of behavior including principles of operant and respondent learning. The term includes applications of those principles, methods, and procedures to:

(1) Design, supervise, evaluate, and modify treatment programs to change the behavior of individuals diagnosed with an autism spectrum disorder;

(2) Design, supervise, evaluate, and modify treatment programs to change the behavior of individuals;

(3) Design, supervise, evaluate, and modify treatment programs to change the behavior of groups; and

(4) Consult with individuals and organizations.

Source: SL 2016, ch 199, § 2.
S.D. Codified Laws § 36-38-16 — SD Code / Title 36 / Chapter 38 / Section 36-38-16
Appeal
Status: in_force

Any party aggrieved by any acts, rulings, or decisions of the board relating to refusal to grant or to cancellation, revocation, or suspension of a license may appeal pursuant to chapter 1-26 .

Source: SL 2016, ch 199, § 16.
S.D. Codified Laws § 36-29-6 — SD Code / Title 36 / Chapter 29 / Section 36-29-6
License fees--Promulgation of rules
Status: in_force

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

(1) Application fees, not to exceed one hundred dollars; and

(2) Licensure renewal fees, not to exceed fifty dollars.

Source: SL 1984, ch 255, § 6; SL 2024, ch 162, § 5.
S.D. Codified Laws § 36-9-96 — SD Code / Title 36 / Chapter 9 / Section 36-9-96
Powers of nursing workforce center
Status: in_force

The nursing workforce center may address issues regarding the supply, demand, and need for nurses, including issues of recruitment, retention, educational preparation, and utilization of nurses. In addition, the nursing workforce center may:

(1) Maintain a database on the supply, demand, and need for nurses in the state;

(2) Convene representatives of nurses, health care providers, consumers, educators, government officials, and other individuals in business and industry to review and comment on data analysis; make recommendations for strategic action; and evaluate effectiveness of actions implemented;

(3) Provide electronic access to comprehensive information and research conducted by the nursing workforce center;

(4) Evaluate the effectiveness of nursing education articulation and support for nursing education mobility;

(5) Promote strategies to improve nursing workplace environments and promote nursing leadership development; and

(6) Evaluate the effectiveness of state initiatives implemented to address nursing workforce capacities and requirements.

Source: SL 2002, ch 178, § 2.
S.D. Codified Laws § 36-4-11 — SD Code / Title 36 / Chapter 4 / Section 36-4-11
Application for license--Qualifications of licensee--Examination--Educational requirements
Status: in_force

Any person desiring to engage in the practice of medicine or osteopathy, surgery, or obstetrics in any of their branches in this state shall apply to the Board of Medical and Osteopathic Examiners for a license. The application shall contain such information as the board may require by rules adopted pursuant to chapter 1-26 . The Board of Examiners shall grant a license to any applicant who gives satisfactory proof of being at least eighteen years of age and who is of good moral character if the applicant passes an examination, determined by the board by rule adopted pursuant to chapter 1-26 , to establish medical competence and presents evidence of having graduated and received a diploma from a medical or osteopathic college approved by the board in accordance with rules adopted pursuant to chapter 1-26 . If the diploma is from a medical or osteopathic college outside the United States, the Board of Examiners may require further proof of competence by rules adopted pursuant to chapter 1-26 . The applicant shall also present evidence satisfactory to the board of successful completion of a program as an intern or resident, or of equivalent service approved by the board, in a hospital approved by the board, for such time as the board requires by rule adopted pursuant to chapter 1-26 .

Source: SDC 1939, § 27.0301; SL 1949, ch 106, § 2; SDC Supp 1960, § 27.0302; SL 1973, ch 241, § 3; SL 1979, ch 249, § 1; SL 1985, ch 297, § 6; SL 1995, ch 210, § 1.
S.D. Codified Laws § 36-18A-13 — SD Code / Title 36 / Chapter 18A / Section 36-18A-13
Incidental cross-practice by architects and engineers
Status: in_force

An architect may engage in the practice of professional engineering, or a professional engineer may engage in the practice of architecture, but only to the extent that such practice is incidental or of minor importance to a project or service being legally performed under this chapter.

Source: SL 1999, ch 195, § 13.
S.D. Codified Laws § 36-11-69 — SD Code / Title 36 / Chapter 11 / Section 36-11-69
Release of patient information--Good faith required
Status: in_force

Patient information may be released only in the following circumstances:

(1) If it is authorized by the patient;

(2) If it is requested by the board as part of an inspection or investigation of a pharmacy or pharmacist;

(3) If, in the pharmacist's professional judgment, release to practitioners and other pharmacists is necessary to protect the patient's health and well - being; and

(4) If other persons are authorized or required by law to obtain access to patient information.

A pharmacist or pharmacy is immune from civil liability for any action based on good faith release of patient information under this section.

Source: SL 1992, ch 270, § 4.
S.D. Codified Laws § 36-9-79 — SD Code / Title 36 / Chapter 9 / Section 36-9-79
Number and distribution of scholarships from education assistance program
Status: in_force

The number and distribution of scholarships from the nurses' education assistance scholarship program shall be determined annually by the South Dakota Board of Nursing. However, the total scholarship amount shall be distributed for registered nurses' basic education and degree enhancement and licensed practical nurses' basic education proportionate to the number of licensees in each category on an annual basis.

Source: SL 1989, ch 325, § 4; SL 2014, ch 180, § 8.
S.D. Codified Laws § 36-25-13.1 — SD Code / Title 36 / Chapter 25 / Section 36-25-13.1
Payment of income to state treasurer--Account in treasury--Appropriation for expenses
Status: in_force

All moneys coming into the custody of the State Plumbing Commission each calendar month shall be paid by the commission to the state treasurer on or before the tenth day of the next month. The state treasurer shall credit the moneys to the State Plumbing Commission fund of the state treasurer, which account is hereby created. The moneys in the said State Plumbing Commission fund are for the purpose of paying the expense of administering and enforcing the provisions of this chapter, provided the total expense incurred shall not exceed the total moneys collected by the commission under the provisions of this chapter.

Source: SL 1978, ch 277, § 1.
S.D. Codified Laws § 36-26-43 — SD Code / Title 36 / Chapter 26 / Section 36-26-43
Disposition of moneys received by board--Credit to Board of Examiners account--Continuous appropriation for expenses
Status: in_force

All moneys coming into the custody of the board each calendar month, including license fees, renewal fees, penalty fees, and any other payments, shall be paid by the board to the state treasurer on or before the tenth day of the next month. The state treasurer shall credit the moneys to the South Dakota Board of Social Work Examiners account of the general fund, which account is hereby created. The moneys in the said South Dakota Board of Social Work Examiners account are hereby continuously appropriated to the board for the purpose of paying the expense of administering and enforcing the provisions of this chapter, provided the total expense incurred shall not exceed the total moneys collected by the board under the provisions of this chapter.

Source: SL 1975, ch 22, § 40.
S.D. Codified Laws § 36-1C-14 — SD Code / Title 36 / Chapter 1C / Section 36-1C-14
Petition for declaratory ruling
Status: in_force

A person seeking a ruling as to the applicability to that person of a law, rule, or order of an agency under title 36 may file with the agency a petition for declaratory ruling in substantially the following form:

Pursuant to the provisions of SDCL 1-26-15 , I, (name of petitioner), of (address of petitioner), am (title or capacity of petitioner), and do hereby petition the professional or occupational board or commission of (state name of body) for its declaratory ruling in regard to the following:

(1) The statutes or rules or order in question is: (here identify and quote the pertinent statute, rule, or order.):

(2) The facts and circumstances that give rise to the issue to be answered by the professional or occupational board or commission's declaratory ruling:

(3) The precise issue to be answered by the professional or occupational board or commission's declaratory ruling:

Dated at (city and state), this ________ day of _____________, _____.

___________________________

(Signature of Petitioner)

Source: SL 2021, ch 168, § 14.
S.D. Codified Laws § 36-38-19 — SD Code / Title 36 / Chapter 38 / Section 36-38-19
Practice without license--Misdemeanor
Status: in_force

Any person who practices as a behavior analyst in this state without a license issued by the board is guilty of a Class 2 misdemeanor.

Source: SL 2016, ch 199, § 19.
S.D. Codified Laws § 36-18A-57 — SD Code / Title 36 / Chapter 18A / Section 36-18A-57
Disciplinary remedies available to board
Status: in_force

If the board determines that a person or business entity is in violation of this chapter, the board may take the following actions:

(1) Deny an application;

(2) Suspend, temporarily suspend, revoke, or refuse to renew an enrollment or license;

(3) Place on probation, condition, or limit a licensee's practice;

(4) Reimburse the board for expenses, fine, censure, or reprimand a person or business entity;

(5) Refuse to permit a person to sit for examination or refuse to release a person's examination scores;

(6) Require a person to sit for a reexamination; and

(7) Pursue legal actions against a person or business entity that is not licensed to offer or render practices covered by this chapter.

Source: SL 1999, ch 195, § 57.
S.D. Codified Laws § 36-11A-1 — SD Code / Title 36 / Chapter 11A / Section 36-11A-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) Repealed by SL 2017, ch 174, § 1;

(2) "Board," the Board of Pharmacy;

(3) "Chain pharmacy warehouse," a physical location for prescription drugs that acts as a central warehouse and performs intracompany sales or transfers of such drugs to a group of chain pharmacies that have the same common ownership and control;

(4) Co-licensed partner," a party that, with another party or parties, has the right to engage in the manufacturing or marketing, or both, of a co-licensed product;

(5) "Co-licensed product," a prescription drug in which two or more parties have the right to engage in the manufacturing or marketing, or both, of a drug consistent with the United States Food and Drug Administration's implementation of the Prescription Drug Marketing Act (21 C.F.R. Parts 203 and 205);

(6) "DSCSA," the Drug Supply Chain Security Act as included as Part II of the Federal Drug Quality and Security Act of 2013;

(7) "Drug," "prescription drug," any drug, including any biological product, except for blood and blood components intended for transfusion or biological products that are also medical devices required by federal law or federal regulation to be dispensed only by a prescription, including finished dosage forms and bulk drug substances subject to § 503(b) of the Federal Food, Drug and Cosmetic Act;

(8) "Drug coupon," a form which may be redeemed at no cost or at reduced cost for a prescription drug;

(9) "Drug Enforcement Administration," the Drug Enforcement Administration of the United States Department of Justice;

(10) "Drug sample," a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug;

(11) "Facility," a facility of a wholesale distributor where prescription drugs are stored, handled, repackaged, or offered for sale;

(12) "Licensee," any wholesale drug distributor licensed pursuant to the provisions of this chapter;

(13) "Manufacturer," as defined by the DSCSA;

(14) "Out-of-state wholesale drug distributor," a wholesale drug distributor with no physical facilities located in this state;

(15) "Outsourcing facility," a facility that is engaged in compounding of nonpatient specific sterile and nonsterile drugs that complies with § 503(b) of the Federal Food, Drug and Cosmetic Act as of January 1, 2017, and is registered and inspected by the United States Food and Drug Administration;

(16) "Pharmacy," a place licensed by the board under chapter 36-11 in which prescription drugs are sold;

(17) "Repackage," repackaging or otherwise changing the container, wrapper, or labeling to further the distribution of a prescription drug excluding that completed by the pharmacist responsible for dispensing the drug to the patient;

(18) "Repackager," a person who repackages;

(19) "Sterile pharmaceutical," any dosage form of a drug, including parenterals, such as injectables, surgical irrigants, and ophthalmics, devoid of viable microorganisms;

(20) "Third-party logistics provider," an entity that provides or coordinates warehousing, distribution, or other services on behalf of a manufacturer, wholesale distributor, or dispenser as defined in the DSCSA, but does not take title to the prescription drug or have general responsibility to direct the prescription drug's sale or disposition;

(21) "Transaction history," a statement, in paper or electronic form, that includes the transaction information of each prior transaction going back to the manufacturer of the product.

Source: SL 1991, ch 307, § 1; SL 2007, ch 215, § 1; SL 2017, ch 174, § 1.
S.D. Codified Laws § 36-4B-16.2 — SD Code / Title 36 / Chapter 4B / Section 36-4B-16.2
Permitted practice--Advanced emergency medical technician
Status: in_force

An advanced emergency medical technician may:

(1) Respond to, assess, and triage nonurgent, urgent, and emergent requests for medical care;

(2) Apply basic and focused advanced knowledge and skills necessary to provide patient care transportation;

(3) Perform interventions with the basic and advanced equipment typically found in an ambulance;

(4) Administer medications approved by the board;

(5) Perform focused advanced skills to mitigate specific life-threatening, medical, and psychological conditions with a targeted set of skills beyond the level of an emergency medical technician; and

(6) Perform other advanced skills approved by the board.

Source: SL 2011, ch 177, § 2; SL 2024, ch 153, § 13.
S.D. Codified Laws § 36-19-2 — SD Code / Title 36 / Chapter 19 / Section 36-19-2
State Board of Funeral Service--Terms--Vacancies
Status: in_force

The State Board of Funeral Service consists of five members appointed by the Governor.

Four members must be persons who have been licensed to practice funeral service for at least five years and are currently licensed in accordance with this chapter. One member must be a representative of the public who is not associated with or financially interested in the provision of funeral services and is not a member of a related profession or a practitioner of a related occupation.

The term of office is three years. In the event of a vacancy, the Governor shall appoint a new member to fill the unexpired term.

A board member may not serve more than three consecutive full terms. An appointment to fill an unexpired term is not considered to be a full term.

Each term of office begins on October thirty-first.

The secretary of health or the secretary's designee shall serve as an ex officio, nonvoting member of the board.

Source: SDC 1939, § 27.1402; SL 1939, ch 102, § 2; SL 1963, ch 154, § 2; SL 1967, ch 109; SL 1973, ch 2, § 58; SDCL Supp, § 36-19-3.1; SL 1976, ch 234, § 1; SL 2005, ch 199, § 51; SL 2007, ch 213, § 3; SL 2012, ch 16, § 12; SL 2013, ch 176, § 6; SL 2023, ch 137, § 2.
S.D. Codified Laws § 36-16-21 — SD Code / Title 36 / Chapter 16 / Section 36-16-21
Apprentice registration--Fee--Supervision of work
Status: in_force

An apprentice shall register with the State Electrical Commission. The State Electrical Commission may promulgate rules, pursuant to chapter 1-26 , to establish and collect a biennial registration fee not to exceed twenty dollars. Biennial fee requirements apply in even-numbered years. The apprentice may not be allowed to work on an installation without personal supervision.

Source: SL 1963, ch 216, § 8; SL 1978, ch 272, § 5; SL 1986, ch 302, § 28; SL 2021, ch 177, § 7.
S.D. Codified Laws § 36-21A-27 — SD Code / Title 36 / Chapter 21A / Section 36-21A-27
Licensees not qualified for exceptions
Status: in_force

Any person licensed under this chapter does not qualify for the exceptions set forth in this chapter including any transaction in which that person has a personal interest.

Source: SL 1992, ch 273, § 27; SL 2013, ch 179, § 1.
S.D. Codified Laws § 36-21D-3 — SD Code / Title 36 / Chapter 21D / Section 36-21D-3
Appraisal defined
Status: in_force

For the purposes of this chapter, an appraisal is the act or process of developing an opinion of value of real estate for another and for compensation.

Source: SL 2011, ch 184, § 3; SL 2013, ch 180, § 3.
S.D. Codified Laws § 36-18A-14 — SD Code / Title 36 / Chapter 18A / Section 36-18A-14
Board of Technical Professions created--Certificate of appointment--Oath of office--Number and terms of members--Composition
Status: in_force

The Board of Technical Professions is created to administer the provisions of this chapter. Each member of the board shall receive a certificate of appointment from the Governor and shall file with the secretary of state a written oath for the faithful discharge of the member's official duties. The board shall consist of seven members to be appointed by the Governor for a term of three years. No member may serve more than three consecutive full terms. However, appointment to fill an unexpired term is not considered a complete term for this purpose. The board shall be composed of two professional engineers, two architects, two land surveyors, and one member from the public. The Governor may stagger the terms to enable the board to have different terms expire each year. Any member appointed to the board prior to July 1, 2005, shall serve the four-year term to which the member was originally appointed. Any member appointed to the board after July 1, 2005, shall serve a three-year term.

Source: SL 1999, ch 195, § 14; SL 2005, ch 199, § 49.
S.D. Codified Laws § 36-21A-46.1 — SD Code / Title 36 / Chapter 21A / Section 36-21A-46.1
Responsible broker, salesperson, or broker associate permitted to form certain business entities--Conditions
Status: in_force

A responsible broker may, or a real estate salesperson or broker associate employed by or otherwise associated with a responsible broker may, form a business corporation or limited liability company under the following conditions:

(1) The business corporation or limited liability company does not engage in real estate transactions as a third-party agent or in any other capacity requiring a license under this chapter;

(2) The business corporation or limited liability company does not advertise or otherwise hold itself out as a real estate brokerage company;

(3) The responsible broker is not relieved of any obligation to supervise the employed or associated licensee or any other requirement of this chapter or the rules promulgated pursuant to this chapter;

(4) The employed or associated licensee is not relieved of any personal liability for any licensed activities by interposing the corporate or limited liability form;

(5) The business corporation or limited liability company is owned solely by a broker, a salesperson, or by that licensee and that licensee's spouse, or by that licensee and other licensees within the same firm as that licensee; and

(6) The business corporation or limited liability company is approved by and registered with the commission. The registration fee for an approved business corporation or limited liability company shall be established by rule promulgated pursuant to chapter 1-26 . The fee may not exceed one hundred dollars.

Source: SL 2001, ch 205, § 1; SL 2006, ch 199, § 1; SL 2009, ch 188, § 1; SL 2013, ch 177, § 17.
S.D. Codified Laws § 36-15-2.4 — SD Code / Title 36 / Chapter 15 / Section 36-15-2.4
Terms of licenses--Renewal dates
Status: in_force

Any license or permit issued under this chapter or any license issued under prior law may be renewed for periods of one year, but in any event expiring on the renewal date as established by the commission. The commission shall, by rules promulgated pursuant to chapter 1-26 , establish the renewal date for any licenses or permits issued under this chapter.

Source: SL 2003, ch 202, § 15.
S.D. Codified Laws § 36-4-26.1 — SD Code / Title 36 / Chapter 4 / Section 36-4-26.1
Proceedings of peer review committees confidential and privileged--Availability to physician subject of proceedings
Status: in_force

The proceedings, records, reports, statements, minutes, or any other data whatsoever, of any committee described in § 36-4-42 , relating to peer review activities defined in § 36-4-43 , 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 hereinafter provided. No person in attendance at any meeting of any committee described in § 36-4-42 is required to testify as to what transpired at such meeting. The prohibition relating to discovery of evidence does not apply to deny a physician access to or use of information upon which a decision regarding the person's staff privileges or employment was based. The prohibition relating to discovery of evidence does not apply to deny any person or the person's counsel in the defense of an action against that person access to the materials covered under this section.

Source: SL 1977, ch 291; SL 1998, ch 172, § 4; SL 2002, ch 176, § 1.
S.D. Codified Laws § 36-11A-11 — SD Code / Title 36 / Chapter 11A / Section 36-11A-11
Out-of-state distributor--License--Application--Violation as felony
Status: in_force

No out - of - state wholesale drug distributor may conduct business in this state without first obtaining a license from the board and paying the license fee set by the board. Application for an out - of - state wholesale drug distributor license under this section shall be made on a form provided by the board. Each person acting as a principal or agent for an out - of - state wholesale drug distributor to sell or distribute drugs in this state shall obtain a license unless the distributor has obtained a license pursuant to this chapter. Out - of - state wholesale drug distributors may obtain the license required by this chapter on the basis of reciprocity if the out - of - state wholesale drug distributor possesses a valid license granted by another state pursuant to standards comparable to those in this state and the other state extends reciprocal treatment under its laws to wholesale drug distributors of this state.

Any person who violates this section is guilty of a Class 6 felony.

Source: SL 1991, ch 307, §§ 11, 20.
S.D. Codified Laws § 36-27A-28 — SD Code / Title 36 / Chapter 27A / Section 36-27A-28
Revocation or suspension of license--Grounds
Status: in_force

The board may suspend or revoke the license of a psychologist or require remediation or impose other sanctions on a psychologist, may deny licensure to any applicant, or require remediation prior to the issuance of a license, upon the following grounds:

(1) The licensee is guilty of fraud or deceit in the licensee's admission to practice or in the practice of psychology, or an applicant for licensure is guilty of fraud or deceit in the applicant's attempted admission to practice psychology;

(2) The licensee or applicant for licensure has been convicted of a felony or a serious crime during the past five years. The term, felony, means an offense which, if committed in South Dakota, would be a felony under South Dakota law. The term, serious crime, means a felony or a lesser crime involving moral turpitude as defined in subdivision 22-1-2(25);

(3) The licensee or applicant for licensure is or has been engaged in the practice of psychology under a false or assumed name and has not registered that name pursuant to chapter 37-11 , or is impersonating another practitioner of a like or different name;

(4) The licensee or applicant for licensure is using intoxicating liquors, narcotics or stimulants to such an extent as to impede the licensee or applicant from the performance of the licensee's or applicant's professional duties as a psychologist;

(5) The physical or mental condition of the licensee or applicant for licensure is determined to be such as to jeopardize or endanger those who seek the professional services of the licensee or applicant. By a majority vote of the entire board, the board may demand a physical or mental examination of a licensee or applicant for licensure. The failure to submit to the examination is immediate grounds for the suspension of the licensee's license or grounds for denial of a license to an applicant for licensure;

(6) The licensee or applicant for licensure has been found in violation of the code of ethics adopted by the board;

(7) The licensee has obtained or attempted to obtain a license, certificate or renewal thereof by bribery or fraudulent representation;

(8) The licensee knowingly made a false statement in connection with any application required by this chapter;

(9) The licensee lacks required training or fails to meet the continuing education requirements set by the board;

(10) The licensee knowingly made a false statement on any form promulgated pursuant to this chapter; or

(11) The licensee has violated any provision of this chapter or the rules promulgated by the board.

Source: SL 1976, ch 235, § 36; SDCL Supp, § 36-27-38; SL 1981, ch 281, § 29; SL 2008, ch 197, § 8.
S.D. Codified Laws § 36-25-19.2 — SD Code / Title 36 / Chapter 25 / Section 36-25-19.2
Plumbing permit not required in certain situations
Status: in_force

No plumbing permit is required if the plumbing repair work or plumbing fixture replacement:

(1) Does not involve cutting into or extending existing water and waste systems;

(2) Is done on buildings that are not connected to a public system of waterworks or sewerage; or

(3) Is conducted by full - time maintenance personnel on the business premises of an employer.

No plumbing permit is required in any political subdivision where a local plumbing permit has been issued, unless a state - conducted inspection is requested in addition to the local inspection. Any person requesting such inspection is responsible for paying any plumbing permit fee for the requested inspection.

Source: SL 2003, ch 207, § 3.
S.D. Codified Laws § 36-31A-3 — SD Code / Title 36 / Chapter 31A / Section 36-31A-3
Definitions
Status: in_force

As used in this compact:

A. “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders, pursuant to 10 U.S.C. chapter 1209 and 10 U.S.C. chapter 1211;

B. “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws, which is imposed by a licensing board or other authority against an occupational therapist or an occupational therapy assistant, including actions against an individual’s license or compact privilege such as censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice;

C. “Alternative program” means a non-disciplinary monitoring process approved by an occupational therapy licensing board;

D. “Compact privilege” means the authorization, which is equivalent to a license, granted by a remote state to allow a licensee from another member state to practice as an occupational therapist or practice as an occupational therapy assistant in the remote state under its laws and rules. The practice of occupational therapy occurs in the member state where the patient or client is located at the time of the patient or client encounter;

E. "Continuing competence education” means a requirement, as a condition of license renewal, to provide evidence of participation in, and completion of, educational and professional activities relevant to a practice or area of work;

F. “Current significant investigative information” means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the occupational therapist or occupational therapy assistant to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction;

G. “Data system” means a repository of information about licensees, including license status, investigative information, compact privileges, and adverse actions;

H. “Encumbered license” means a license in which an adverse action restricts the practice of occupational therapy by the licensee or an adverse action has been reported to the national practitioners data bank;

I. “Executive committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission;

J. “Home state” means the member state that is the licensee’s primary state of residence;

K. “Impaired practitioner” means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions;

L. “Investigative information” means information, records, and documents received or generated by an occupational therapy licensing board pursuant to an investigation;

M. “Jurisprudence requirement” means the assessment of an individual’s knowledge of the laws and rules governing the practice of occupational therapy in a state;

N. “Licensee” means an individual who currently holds an authorization from the state to practice as an occupational therapist or as an occupational therapy assistant;

O. “Member state” means a state that has enacted the compact;

P. “Occupational therapist” means an individual who is licensed by a state to practice occupational therapy;

Q. “Occupational therapy” means the care and services provided by an occupational therapist or an occupational therapy assistant, as set forth in the member state’s statutes and in rules promulgated by the member state;

R. “Occupational therapy assistant” means an individual who is licensed by a state to assist in the practice of occupational therapy;

S. “Occupational therapy compact commission” means the national administrative body and commission, whose membership consists of all states that have enacted the compact;

T. “Occupational therapy licensing board” means the agency of a state that is authorized to license and regulate occupational therapists and occupational therapy assistants;

U. “Primary state of residence” means the state, also known as the home state, in which an occupational therapist or occupational therapy assistant who is not active duty military declares a primary residence for legal purposes as verified by a driver’s license, a federal income tax return, a lease, a deed, a mortgage, voter registration, or other verifying documentation as further defined by commission rules;

V. “Remote state” means a member state, other than the home state, in which a licensee is exercising or seeking to exercise the compact privilege;

W. “Rule” means a regulation promulgated by the commission that has the force of law;

X. “Single-state license” means an occupational therapist or occupational therapy assistant license issued by a member state that authorizes practice only within the issuing state and does not include a compact privilege in any other member state;

Y. “State” means any state, commonwealth, district, or territory of the United States, which regulates the practice of occupational therapy; and

Z. “Telehealth” means the application of telecommunication technology to deliver occupational therapy services for assessment, intervention, and consultation.

Source: SL 2023, ch 139, § 3.
S.D. Codified Laws § 36-21A-72 — SD Code / Title 36 / Chapter 21A / Section 36-21A-72
Restrictions on licensee advertising
Status: in_force

A licensee who advertises shall comply with the following:

(1) Each advertisement shall clearly state the name of the firm with which an individual licensee is associated;

(2) Each advertisement of a real estate team shall clearly state the name of the brokerage company the team is affiliated with, shall clearly identify the nonlicensed individuals included in the advertisement, and may not contain language that would lead the public to believe that the team is offering real estate brokerage services independent of the real estate broker;

(3) Each advertisement in which a licensee attempts to secure real estate listings or offers to purchase, sell or lease property, or perform any other act for which a license is required under this chapter, shall clearly disclose that the advertised acts or services are being offered by a licensee; and

(4) No licensee may make any announcement in any media regarding the sale of property which gives any impression that the property sold for a price other than the actual selling price.

Notwithstanding subdivisions (1) to (4), inclusive, of this section, a licensee may advertise in the licensee's individual name an offer to sell or lease property of which the licensee is the owner. The advertisement shall disclose that the owner of the property being sold or leased is a licensee.

Source: SL 1992, ch 273, § 72; SL 1996, ch 236, § 4; SL 1998, ch 236, § 1; SL 2019, ch 171, § 2.
S.D. Codified Laws § 36-9-97 — SD Code / Title 36 / Chapter 9 / Section 36-9-97
Criminal background investigation of applicants and licensees subject to disciplinary investigation--Cooperation required--Fees
Status: in_force

Each applicant for licensure as a registered nurse, licensed practical nurse, certified registered nurse anesthetist, or clinical nurse specialist 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 of Nursing 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 of Nursing 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 2006, ch 198, § 1.
S.D. Codified Laws § 36-10B-6 — SD Code / Title 36 / Chapter 10B / Section 36-10B-6
Qualifications for dietetics and nutrition licensure
Status: in_force

The board shall recognize two educational tracks as equivalent qualifications required to obtain licensure.

(1) Dietetics. The board shall issue a license as a nutritionist to an applicant who files a completed application, pays all required fees, and provides satisfactory evidence to the board that the applicant meets the following qualifications:

(a) Has a valid, current registration with the commission which gives the applicant the right to use the title registered dietitian or RD; or has received a baccalaureate or postgraduate degree from an accredited college or university with a major course of study in human nutrition, nutrition education, food and nutrition, dietetics, or food service management;

(b) Has completed a documented, supervised pre - professional practice experience component in dietetic practice of not less than nine hundred hours under the supervision of a registered dietitian, nutrition or dietetic professional licensed by a state, or a person with a doctoral degree conferred by an accredited college or university with a major course of study in human nutrition, nutrition education, food and nutrition, dietetics, or food systems management. Supervised practice experience must be completed in the United States or its territories. Supervisors who obtain their doctoral degree outside the United States and its territories must have their degrees approved by the board as equivalent to the doctoral degree conferred by an accredited college or university; and

(c) Has successfully completed the registration examination for dietitians administered by the commission;

(2) Nutrition. The board shall issue a license as a nutritionist to an applicant who files a completed application, pays all required fees, and provides evidence satisfactory to the board that the applicant meets the following qualifications:

(a) Has received a master's or doctoral degree from an accredited college or university with a major course of study in human nutrition, public health nutrition, clinical nutrition, nutrition education, community nutrition, or foods and nutrition; and

(b) Has successfully completed a comprehensive nutrition competence examination administered by the commission.

Source: SL 1996, ch 240, § 6.
S.D. Codified Laws § 36-36-9 — SD Code / Title 36 / Chapter 36 / Section 36-36-9
Temporary license--Fee--Examination--Expiration
Status: in_force

The board may issue a temporary license to an applicant who has paid the temporary license fee, meets all the qualifications for licensure as established in § 36-36-5 with the exception of certification by the ABMGG or ABGC, and has submitted evidence to the board that the applicant is a candidate accepted to write the examination or is awaiting the results of the first examination for which the applicant is eligible after graduation from an approved genetic counseling program. The board shall establish a temporary license fee by rules promulgated pursuant to chapter 1-26 . The temporary license fee may not exceed one hundred dollars. A temporary licensee shall take the next available examination. If any temporary licensee fails the first sitting of ABGC or ABMGG certification examination or the temporary license expires, then the applicant may reapply for a second temporary license. A temporary license may not be issued if the applicant has failed the ABGC or ABMGG certification examination more than twice. A temporary license expires on the occurrence of the following:

(1) Issuance of a regular license;

(2) Failure to pass the board-approved examination; or

(3) Expiration of the term for which the temporary license was issued.

Source: SL 2009, ch 194, § 9; SL 2016, ch 198, § 6.
S.D. Codified Laws § 36-11A-46 — SD Code / Title 36 / Chapter 11A / Section 36-11A-46
Prohibited acts--Misdemeanor or felony
Status: in_force

It is unlawful for a person to perform or cause the performance of or aid and abet any of the following acts in this state:

(1) Failure to obtain a license in accordance with §§ 36-11A-20 to 36-11A-46 , inclusive, or operating without a valid license when a license is required by §§ 36-11A-20 to 36-11A-46 , inclusive;

(2) If the requirements of § 36-11A-34 are applicable and are not met, the purchasing or otherwise receiving a prescription drug from a pharmacy;

(3) If a state license is required pursuant to § 36-11A-35 , the sale, distribution, or transfer of a prescription drug to a person that is not authorized under the law of the jurisdiction in which the person receives the prescription drug to receive the prescription drug;

(4) Failure to deliver prescription drugs to specified premises, as required by § 36-11A-36 ;

(5) Accepting payment or credit for the sale of prescription drugs in violation of § 36-11A-38 ;

(6) Failure to maintain or provide transaction documentation as required by §§ 36-11A-20 to 36-11A-46 , inclusive;

(7) Failure to obtain, pass, or verify transaction documentation, as required by §§ 36-11A-20 to 36-11A-46 , inclusive;

(8) Providing the state or any of its representatives or any federal official with false or fraudulent records or making false or fraudulent statements regarding any matter within the provisions of §§ 36-11A-20 to 36-11A-46 , inclusive;

(9) Obtaining or attempting to obtain a prescription drug by fraud, deceit, misrepresentation or engaging in misrepresentation or fraud in the distribution of a prescription drug;

(10) Except for the wholesale distribution by manufacturers of a prescription drug that has been delivered into commerce pursuant to an application approved under federal law by the United States Food and Drug Administration, the manufacture, repacking, sale, transfer, delivery, holding, or offering for sale any prescription drug that is adulterated, misbranded, counterfeit, suspected of being counterfeit, or has otherwise been rendered unfit for distribution;

(11) Except for the wholesale distribution by manufacturers of a prescription drug that has been delivered into commerce pursuant to an application approved under federal law by the United States Food and Drug Administration, the adulteration, misbranding, or counterfeiting of any prescription drug;

(12) The receipt of any prescription drug that is adulterated, misbranded, stolen, obtained by fraud or deceit, counterfeit, or suspected of being counterfeit, and the delivery or proffered delivery of such drug for pay or otherwise; and

(13) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of a prescription drug or the commission of any other act with respect to a prescription drug that results in the prescription drug being misbranded.

Any person who violates this section is guilty of a Class 1 misdemeanor for the first conviction and a Class 6 felony for any subsequent conviction.

Source: SL 2007, ch 215, § 28; SL 2017, ch 174, § 28.
S.D. Codified Laws § 36-35-23 — SD Code / Title 36 / Chapter 35 / Section 36-35-23
Reapplication for cancelled, suspended, or revoked license
Status: in_force

Any person whose license has been cancelled, suspended, or revoked by the board may not reapply for a license until one year after it was cancelled, suspended, or revoked unless a different time has been set by the board.

Source: SL 2005, ch 206, § 23.
S.D. Codified Laws § 36-10-36 — SD Code / Title 36 / Chapter 10 / Section 36-10-36
Promulgation of rules--Licensure--Fees--Discipline--Supervision--Continuing education
Status: in_force

The State Board of Physical Therapy shall promulgate rules, pursuant to chapter 1-26 , pertaining to licensure, fees, discipline, supervision, and the continuing education of physical therapists and physical therapist assistants.

Source: SL 1955, ch 96, § 13; SDC Supp 1960, § 27.09A11; SDCL § 36-10-15; SL 1972, ch 205, § 12; SL 1978, ch 270, § 9; SL 1996, ch 231, § 16; SL 1996, ch 232; SL 2017, ch 173, § 13; SL 2023, ch 136, § 21.
S.D. Codified Laws § 36-9C-29 — SD Code / Title 36 / Chapter 9C / Section 36-9C-29
Injunction
Status: in_force

The board may apply for an injunction in the circuit court for the county of the person's residence to enjoin any person who:

(1) Is practicing as a certified professional midwife without a license issued by the board;

(2) Is practicing as a certified professional midwife under a license that has lapsed or has been suspended or revoked;

(3) Is engaging as a certified professional midwife in the performance of functions beyond the scope of practice authorized by § 36-9C-13 ; or

(4) Is, by reason of a physical or mental condition, endangering, or threatening to endanger, the health or safety of those entrusted to that person's care as a certified professional midwife.

Source: SL 2017, ch 172, § 29.
S.D. Codified Laws § 36-4-48 — SD Code / Title 36 / Chapter 4 / Section 36-4-48
Medical abortion--Definition of term
Status: in_force

For the purposes of §§ 34-23A-34 , 36-4-8 , and 36-4-47 , the term, medical abortion, means a procedure that uses medication to intentionally terminate the life of a human being in the uterus, and does not mean a procedure for the management of a miscarriage.

Source: SL 2022, ch 143, § 5.
S.D. Codified Laws § 36-8-23 — SD Code / Title 36 / Chapter 8 / Section 36-8-23
Continuing education
Status: in_force

Every two years each person licensed to practice podiatry in this state shall provide the Board of Podiatry Examiners evidence that the person has attended or participated in continuing education in podiatry and related subjects as required by the board by rule. The board shall promulgate rules, pursuant to chapter 1-26 , to establish the number of minimum hours of biennial continuing education to be required as a prerequisite to license renewal and requirements, guidelines, and procedures as may be necessary and desirable to implement and fulfill reasonable continuing education requirements to ensure competence in the practice of podiatry by each licensee. The board may reduce, on a pro rata basis, the number of hours of continuing education required by a licensee licensed to practice for less than two years prior to a biennial continuing education deadline.

Source: SL 1987, ch 270; SL 1991, ch 305; SL 2018, ch 228, § 11.
S.D. Codified Laws § 36-20B-21 — SD Code / Title 36 / Chapter 20B / Section 36-20B-21
Examination--Experience in accounting--Promulgation of rules--Certificate issued prior to July 1, 2002
Status: in_force

An applicant for a certificate, who holds a graduate degree that satisfies the requirements to sit for an examination, pursuant to § 36-20B-15 , shall provide to the board documentation that the applicant has completed one year of experience in accounting.

An applicant for a certificate, who holds a bachelor's degree that satisfies the requirements to sit for an examination, pursuant to § 36-20B-15 , shall provide to the board documentation that the applicant has completed:

(1) One year of experience in accounting and thirty semester credit hours of education, in addition to the number of hours required to obtain the applicant's bachelor's degree, at an accredited institution of higher education; or

(2) Two years of experience in accounting.

For the purposes of this section, experience in accounting includes any type of service or advice involving the use of accounting, attest, management advisory, financial advisory, tax, or consulting skills, all of which were verified by a licensee and meet requirements prescribed by the board, by rule promulgated pursuant to chapter 1-26 . Acceptable experience may be completed through employment in government, industry, academia, or public practice.

Any person who holds a valid certificate issued by this state prior to July 1, 2002, is deemed to have met the requirements of this section.

Source: SL 2002, ch 179, § 22; SL 2026, ch 160, § 4.
S.D. Codified Laws § 36-20B-28 — SD Code / Title 36 / Chapter 20B / Section 36-20B-28
Fee for issuance or renewal of certificate
Status: in_force

The board shall charge a fee for each application for initial issuance or renewal of a certificate under this chapter in an amount, not to exceed one hundred dollars, prescribed by the board, by rule promulgated pursuant to chapter 1-26 .

Source: SL 2002, ch 179, § 29; SL 2008, ch 191, § 41.
S.D. Codified Laws § 36-21A-16 — SD Code / Title 36 / Chapter 21A / Section 36-21A-16
Commission continued within Department of Labor and Regulation--Records and reports
Status: in_force

The commission shall be an adjunct of the Department of Labor and Regulation, and shall retain all its prescribed functions, including administrative functions. The commission shall submit such records, information and reports in the form and at such times as required by the secretary of labor and regulation. However, the commission shall report at least annually.

Source: SL 1992, ch 273, § 16; SL 2003, ch 272 (Ex. Ord. 03-1), § 55; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 162, eff. Apr. 12, 2011.
S.D. Codified Laws § 36-9A-34 — SD Code / Title 36 / Chapter 9A / Section 36-9A-34
Reissuance of revoked or suspended license
Status: in_force

A revoked or suspended license may be reissued at the discretion of the board upon a finding of good cause.

Source: SL 1979, ch 256, § 23; SL 1995, ch 218, § 23; SL 2017, ch 171, § 38.
S.D. Codified Laws § 36-16-25 — SD Code / Title 36 / Chapter 16 / Section 36-16-25
Approval of license--Emergency farm and residential repairs exempt--Expiration and renewal of licenses
Status: in_force

A license issued under this chapter shall be approved by the State Electrical Commission. However, this chapter does not apply to emergency repairs to farmstead and residential wiring. Each license shall be for a term of two years and shall expire at midnight on June thirtieth following the date of issuance of each even - numbered year commencing in 1986, and may be renewed by the commission upon application of the holder of the license, payment of the fee, filing a valid liability insurance policy and payment of the required deposit to the special fund at any time within thirty days from the date of such expiration.

Source: SL 1963, ch 216, §§ 6(1), 13; SL 1967, ch 128, § 3; SL 1986, ch 302, § 29; SL 1987, ch 273, § 2; SL 1987, ch 274, § 2; SL 1991, ch 308, § 6.
S.D. Codified Laws § 36-4C-5 — SD Code / Title 36 / Chapter 4C / Section 36-4C-5
Use of title and abbreviation
Status: in_force

A person who does not hold a license or temporary permit under this chapter as a respiratory care practitioner or whose license or temporary permit has been suspended or revoked may not use in connection with the person's practice the words, respiratory care, respiratory therapist, respiratory care practitioner, certified respiratory care practitioner, respiratory therapy technician, inhalation therapist, or respiratory care therapist, or the letters, R.C.P., or any other words, letters, abbreviations, or insignia indicating that the person is a respiratory care practitioner, or otherwise represent in any way that the person is a respiratory care practitioner. A person who holds a license or temporary permit to practice respiratory care under this chapter may use the title, respiratory care practitioner, and the abbreviation, R.C.P.

Source: SL 1993, ch 273, § 5; SL 1994, ch 294, § 2; SL 2004, ch 245, § 4.