S.D. Codified Laws § 36-4-24.3 — SD Code / Title 36 / Chapter 4 / Section 36-4-24.3
Practice without license, certificate, or permit and renewal prohibited--Violation as misdemeanor
Status: in_force

No person required to be licensed, certificated, or permitted under the provisions of this chapter shall practice the person's profession in the State of South Dakota without such active license, certificate, or permit and renewal pursuant to the provisions of this chapter except those specifically excepted from the provisions of this chapter. A violation of this section is a Class 1 misdemeanor.

Source: SDC Supp 1960, § 27.0312A as enacted by SL 1969, ch 105, § 8; SL 1992, ch 158, § 72; SL 2009, ch 178, § 7.
S.D. Codified Laws § 36-11-47.2 — SD Code / Title 36 / Chapter 11 / Section 36-11-47.2
Refusal to quote prescription price as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any pharmacist to refuse to quote the price of any prescription legend drug when said quote is requested by a person.

Source: SL 1975, ch 235; SL 1977, ch 190, § 171.
S.D. Codified Laws § 36-7-10 — SD Code / Title 36 / Chapter 7 / Section 36-7-10
Practice of optometry without license--Violation
Status: in_force

It is a Class 2 misdemeanor for any person who is not the holder of a certificate of registration or exemption, issued and recorded as provided in this chapter, to practice or offer to practice optometry within the state.

Source: SDC 1939, § 27.0708; SL 1977, ch 190, § 153; SL 2022, ch 147, § 4.
S.D. Codified Laws § 36-18A-38 — SD Code / Title 36 / Chapter 18A / Section 36-18A-38
Practice permitted recipient of license--Use of titles--License as evidence
Status: in_force

The recipient of a license issued under this chapter may practice engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation and use the appropriate title professional engineer, architect, land surveyor, landscape architect, petroleum release assessor, or petroleum release remediator. A licensee may use a title either with or without prefixing the word, licensed or registered. No licensee may practice a profession or use a title unless the license specifically permits such practice and usage. An unrevoked and unexpired license issued as provided in this chapter is presumptive evidence in all courts and places that the person named is legally licensed.

Source: SL 1999, ch 195, § 38.
S.D. Codified Laws § 36-9-71 — SD Code / Title 36 / Chapter 9 / Section 36-9-71
Unlicensed practice of nursing as public nuisance
Status: in_force

The practice as a registered nurse or licensed practical nurse by any person who has not been issued a license under the provisions of this chapter, or whose license has been suspended, revoked or has lapsed, is hereby declared to be inimical to the public welfare and to constitute a public nuisance.

Source: SL 1955, ch 91, § 12; SDC Supp 1960, § 27.0911; SL 1967, ch 101, § 11; SL 1976, ch 228, § 50.
S.D. Codified Laws § 36-9-32.2 — SD Code / Title 36 / Chapter 9 / Section 36-9-32.2
Temporary anesthetist permit issued to applicant from another state
Status: in_force

Upon application and payment of the required fee, the Board of Nursing may issue a temporary permit to practice as a registered nurse anesthetist to an applicant from another state holding a current license as a certified registered nurse anesthetist while awaiting licensure in this state. This permit shall bear an issuance date and a termination date and may not be valid for more than ninety days.

Source: SL 1979, ch 255, § 26; SL 1986, ch 307, § 22; SL 2014, ch 180, § 3.
S.D. Codified Laws § 36-4C-17 — SD Code / Title 36 / Chapter 4C / Section 36-4C-17
Majority of board required for revocation, suspension or cancellation proceedings
Status: in_force

Any proceedings relative to the cancellation, revocation, or suspension of a license or temporary permit or relative to reissuance of a license or temporary permit which has been cancelled, revoked, or suspended shall be held only when a majority of the members of the board are present at the hearing. The decision of the board to suspend, revoke or cancel a license or temporary permit or to reissue a license or temporary permit which has been cancelled, revoked, or suspended requires a majority vote of all the board members.

Source: SL 1993, ch 273, § 17.
S.D. Codified Laws § 36-31-4 — SD Code / Title 36 / Chapter 31 / Section 36-31-4
Certain activities not proscribed or restricted
Status: in_force

Nothing in this chapter may be construed as preventing or restricting the practice, services or activities of:

(1) Any person licensed in this state by any other law from engaging in the profession or occupation for which he is licensed; or

(2) Any person employed as an occupational therapist or occupational therapy assistant by the government of the United States or any agency of it, if such person provides occupational therapy solely under the direction or control of the organization by which he is employed; or

(3) Any person pursuing a supervised course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program, if the person is designated by a title which clearly indicates his status as a student or trainee; or

(4) Any person fulfilling the supervised fieldwork experience requirements of subdivision 36-31-6 (4), if the experience constitutes a part of the experience necessary to meet the requirement of that section; or

(5) Any person employed as an occupational therapy aide; or

(6) Any person performing occupational therapy services in the state if these services are performed for no more than ten days in a calendar year in association with an occupational therapist licensed under this chapter, if:

(a) The person is licensed under the law of another state which has licensure requirements at least as stringent as the requirements of this chapter, or

(b) The person meets the requirements for certification as an occupational therapist, registered or a certified occupational therapy assistant, established by the American occupational therapy association; or

(7) Any person when providing therapy as related services as defined in a student's individualized educational plan, the therapy shall not be an activity which supplants or duplicates the educational instruction program provided by the teaching profession.

Source: SL 1986, ch 323, § 4.
S.D. Codified Laws § 36-31-7 — SD Code / Title 36 / Chapter 31 / Section 36-31-7
Waiver of education requirements
Status: in_force

The education requirements of subsection 36-31-6(3)(a) are waived if the applicant:

(1) Has practiced as an occupational therapy assistant for four years;

(2) Has completed the requirements of subsection 36-31-6(4)(a) before January 1, 1988; and

(3) Has passed the examination for occupational therapists.

Source: SL 1986, ch 323, § 7.
S.D. Codified Laws § 36-18A-22 — SD Code / Title 36 / Chapter 18A / Section 36-18A-22
Board to promulgate rules--Scope of rules--Existing rules remain in effect
Status: in_force

The board shall, pursuant to chapter 1-26 , promulgate rules that may be reasonably necessary for the performance of its duties, the regulation of proceedings before it, and the licensure of the professions it regulates. The existing rules promulgated under the previous chapter 36-18 remain in effect until replaced. The board shall promulgate rules, pursuant to chapter 1-26 , for the licensure of professional engineers, architects, land surveyors, landscape architects, and petroleum release assessors and remediators in the following areas:

(1) Forms such as applications, renewals, licenses or certificates, and receipts for applicants, licensed professionals, and business entities;

(2) Fees for applications, examinations, renewals, late penalties, lists and labels of licensees, returned checks, reinstatement, inactive status, ability to allow a vendor to collect fees for examinations, waiver of fees;

(3) Criteria for types of education degrees, approval of accredited programs, intern programs, type of experience, length of experience, national and state specific examinations, use of computer examinations, criteria from other countries, procedure to evaluate foreign degrees, eligibility of applicants, dual licenses;

(4) Continuing professional education and development content, hours, carryovers, and requirements;

(5) How, when, and where to seal plans and documents; type of seal; required services to be provided; and criteria to define complete plans, minimum standards of practice, and guidelines;

(6) Description of and criteria for construction administration, including a designation of who is to perform construction administration and criteria for a prime professional or a coordinating professional;

(7) Requirements for compliance with local building code; and

(8) The adoption of a code of professional conduct.

Source: SL 1999, ch 195, § 22; SL 2007, ch 219, § 10; SL 2021, ch 168, § 25.
S.D. Codified Laws § 36-34-6 — SD Code / Title 36 / Chapter 34 / Section 36-34-6
Minutes of board meetings
Status: in_force

The secretary of the board shall provide for taking and keeping the minutes of all board meetings.

Source: SL 2004, ch 253, § 7.
S.D. Codified Laws § 36-2A-18 — SD Code / Title 36 / Chapter 2A / Section 36-2A-18
Physician wellness program--Statewide association
Status: in_force

Any statewide association, exempt from taxation under 26 U.S.C. § 501(c)(6) and that primarily represents health care professionals licensed to practice medicine or osteopathy under chapter 36-4 , may establish a physician wellness program.

Source: SL 2021, ch 171, § 3.
S.D. Codified Laws § 36-14-37.1 — SD Code / Title 36 / Chapter 14 / Section 36-14-37.1
Injunction for enforcement of chapter--Election of remedies
Status: in_force

The Board of Barber Examiners may commence actions for injunction for violation of this chapter or rules promulgated hereunder as an alternate to criminal proceedings. The commencement of one proceeding by the board constitutes an election.

Source: New section created to carry out directions to the Code Commission contained in SL 1972, ch 15, § 4. Amended by SL 1986, ch 302, § 21.
S.D. Codified Laws § 36-21B-2.3 — SD Code / Title 36 / Chapter 21B / Section 36-21B-2.3
Grounds for denying issuance of certificate
Status: in_force

The department shall deny issuance of a certificate to any applicant who:

(1) Has had the ability to perform appraisals revoked in any governmental jurisdiction within the five year period immediately preceding the date of application;

(2) Has been convicted of, or pled guilty or nolo contendere to, a felony in a domestic or foreign court either during the five-year period immediately preceding the date of the application for certification, licensure, or registration or at any time preceding the date of application, if such felony involved an act of fraud, dishonesty, a breach of trust, or money laundering; or

(3) Has failed to demonstrate character and general fitness which commands the confidence of the community and warrants a determination that the applicant will operate honestly, fairly, and efficiently with the purposes of this chapter.

Source: SL 2014, ch 182, § 2.
S.D. Codified Laws § 36-32-80 — SD Code / Title 36 / Chapter 32 / Section 36-32-80
Complaints--Investigation--Dismissal--Hearing--Appeal
Status: in_force

Complaints regarding any person licensed under this chapter shall be processed pursuant to chapter 36-1C. A record of each complaint shall be maintained in the board office.

Notwithstanding any provision of chapter 36-1C, an investigation may be conducted by a member, agent, or an appointee of the board to determine whether the alleged violation has been committed. The investigator, if a member of the board, may dismiss a complaint if it appears to the member, in consultation with the board president, that no violation has been committed. If the investigator is an agent or an appointee of the board, dismissal of the complaint may only be made by the board president. Any disposition agreed upon between the investigator and the licensee or permit holder shall be made known to and approved by the board.

Any disciplinary proceeding must be conducted in accordance with chapter 1-26 . Any decision of the board entered in a contested proceeding may be appealed to the circuit court within thirty days. A license or permit remains in effect during the pendency of an appeal, unless suspended under § 36-32-86 .

Source: SL 2020, ch 165, § 34; SL 2021, ch 168, § 41.
S.D. Codified Laws § 36-38-14 — SD Code / Title 36 / Chapter 38 / Section 36-38-14
Hearing on cancellation or revocation of license--Decision
Status: in_force

Each proceeding relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license which has been cancelled, revoked, or suspended may only be held if a majority of the members of the board are present at the hearing. The decision of the board to suspend, revoke, or cancel a license requires a majority vote of all of the board members.

Source: SL 2016, ch 199, § 14.
S.D. Codified Laws § 36-12-20 — SD Code / Title 36 / Chapter 12 / Section 36-12-20
Forfeiture of license for failure to secure certificate--Restoration after forfeiture
Status: in_force

Failure of a person licensed by the Board of Veterinary Medical Examiners to secure a certificate of registration shall constitute a forfeiture of a license held by such person. However, any person who has forfeited his license for a period of less than four years may have the license restored to him by making application to the secretary of the board for issuance of a certificate and by payment of the biennial registration fee. If a person has forfeited his certificate of registration for a period of four years or more, the board may restore said certificate of registration to him by the applicant making a written application for licensure on a form prescribed by the board, the payment of a reinstatement fee in the amount of one hundred dollars and by payment of the biennial registration fee.

Source: SL 1961, ch 201, § 11; SL 1986, ch 313, § 5.
S.D. Codified Laws § 36-7-18 — SD Code / Title 36 / Chapter 7 / Section 36-7-18
Display of license in office--Violation
Status: in_force

Each optometrist shall conspicuously display any license, and subsequent proof of renewal, issued by the board under this chapter at the optometrist's primary place of practice. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 27.0706; SL 1947, ch 122, § 2; SL 1992, ch 158, § 78; SL 2013, ch 173, § 3; SL 2022, ch 147, § 10.
S.D. Codified Laws § 36-9C-21 — SD Code / Title 36 / Chapter 9C / Section 36-9C-21
Initial minimum balance in midwife regulation account
Status: in_force

The Governor is not required to appoint members to the board and the board is not required to begin issuing licenses pursuant to this chapter until the balance in the midwife regulation account is greater than twenty thousand dollars.

Source: SL 2017, ch 172, § 21.
S.D. Codified Laws § 36-25-19.3 — SD Code / Title 36 / Chapter 25 / Section 36-25-19.3
Fees for plumbing code training courses
Status: in_force

Any person participating in any code training courses offered by the commission shall remit a fee not to exceed twenty - five dollars. The commission shall establish the training fee, by rules promulgated pursuant to chapter 1-26 , to offset expenses of the training.

Source: SL 2003, ch 207, § 4.
S.D. Codified Laws § 36-24-5 — SD Code / Title 36 / Chapter 24 / Section 36-24-5
Terms of office of board members
Status: in_force

The term of office for each member of the board is three years. Each member shall serve until a successor has been appointed.

The term of a member begins on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The term expires on October thirtieth in the third year of appointment.

A member may not serve more than three consecutive, full terms. If a member's office is vacant, the Governor must appoint a new member to complete the unexpired term. A member who is appointed to fill an unexpired term is not considered to have served a full term.

Source: SL 1968, ch 118, § 1 (2); SL 1975, ch 238, § 1; SL 1997, ch 221, § 12; SL 2005, ch 199, § 57; SL 2012, ch 16, § 13; SL 2013, ch 176, § 7; SL 2024, ch 159, § 5.
S.D. Codified Laws § 36-21A-89 — SD Code / Title 36 / Chapter 21A / Section 36-21A-89
Administration and enforcement of chapter--Promulgation of rules
Status: in_force

The commission may promulgate rules pursuant to chapter 1-26 relating to the administration and enforcement of the provisions of this chapter in the following areas:

(1) Procedures for conducting the commission's business;

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

(3) Requirements for dividing a commission with a broker in another state, and requirements for application for licensure by reciprocity and the practice of a nonresident licensee in the state;

(4) Procedures for application to provide classroom instruction or correspondence work for prelicensing education, qualifications of the instructors and facilities, and procedures for approving classroom instruction and correspondence work and for withdrawing the approval;

(5) Requirements for a real estate auction, and the requirements, duties and responsibilities of an auctioneer;

(6) Requirements for mortgage brokers, including trust accounts, record-keeping, written contracts, full disclosure, and restrictions on chargeable costs and expenses;

(7) Requirements for continuing education, including procedures for granting a certificate of accreditation; notification of a material change in an approved course offering; suspension, revocation and denial of course approval; notice to students regarding the course and opportunity for comment; auditing; certificates of attendance; preregistration; and limits on correspondence courses;

(8) Requirements for property managers, including trust accounts, auditing, contracts, disclosure, disciplinary matters, financial obligations and records, and property management accounting; and

(9) Requirements for establishing and maintaining teams and the requirements, duties, and responsibilities of team leaders.

Source: SL 1992, ch 273, § 89; SL 1993, ch 292; SL 2012, ch 252, § 1; SL 2019, ch 171, § 3; SL 2020, ch 162, § 5; SL 2021, ch 168, § 33; SL 2023, ch 138, § 5.
S.D. Codified Laws § 36-16-3 — SD Code / Title 36 / Chapter 16 / Section 36-16-3
State Electrical Commission--Number and terms of members
Status: in_force

The State Electrical Commission shall perform all functions exercised by the former State Electrical Board. The State Electrical Commission consists 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. Not all of the members shall be of the same political party. The Governor may stagger the terms to enable the commission to have different terms expire each year. Any member appointed to the commission prior to July 1, 2005, shall serve the four-year term to which the member was originally appointed. Any member appointed to the commission after July 1, 2005, shall serve a three-year term. One member shall represent an electric utility, one member shall be a licensed electrical contractor, one member shall be a licensed electrician with at least a journeyman level license and one member shall have fire safety expertise.

Source: SL 1963, ch 216, § 3; SL 1980, ch 380, §§ 17 to 20; SL 2005, ch 199, § 47.
S.D. Codified Laws § 36-9-4 — SD Code / Title 36 / Chapter 9 / Section 36-9-4
Practice of licensed practical nurse
Status: in_force

A licensed practical nurse practices under the supervision of a registered nurse, advanced practice registered nurse, licensed physician, or other health care provider authorized by the state. A licensed practical nurse is guided by nursing standards established or recognized by the board and includes:

(1) Collecting data and conducting a focused nursing assessment of the health status of a patient;

(2) Participating with other health care providers in the development and modification of the patient-centered health care plan;

(3) Implementing nursing interventions within a patient-centered health care plan;

(4) Assisting in the evaluation of responses to interventions;

(5) Providing for the maintenance of safe and effective nursing care rendered directly or indirectly;

(6) Advocating for the best interest of the patient;

(7) Communicating and collaborating with patients and members of the health care team;

(8) Assisting with health counseling and teaching;

(9) Delegating and assigning nursing interventions to implement the plan of care; and

(10) Other acts that require education and training consistent with professional standards as prescribed by the board, by rules promulgated pursuant to chapter 1-26 , and commensurate with the licensed practical nurse's education, demonstrated competence, and experience.

Source: SL 1949, ch 109, § 1; SL 1955, ch 91, § 2; SDC Supp 1960, § 27.0902 (4); SL 1967, ch 101, § 2 (2) (b); SL 1972, ch 204, § 2; SL 1976, ch 228, § 5; SL 2016, ch 194, § 3.
S.D. Codified Laws § 36-20B-52 — SD Code / Title 36 / Chapter 20B / Section 36-20B-52
Modification of prior disciplinary action--Reissuance of certificate, license, or permit--Procedure
Status: in_force

If the board has suspended or revoked a certificate, license, permit, or registration or revoked or limited practice privileges under the provisions of § 36-20B-66 or 36-20B-67 or refused to renew a certificate, license, permit, or registration, the board may, upon application in writing by the person or firm affected and for good cause shown, modify the suspension, or reissue the certificate, license, permit, or registration or remove the limitation or revocation of privileges.

The board shall, by rule promulgated pursuant to chapter 1-26 , specify the manner in which such applications shall be made, the times within which they shall be made, and the circumstances in which hearings will be held.

Source: SL 2002, ch 179, § 53; SL 2009, ch 185, § 17.
S.D. Codified Laws § 36-35-19 — SD Code / Title 36 / Chapter 35 / Section 36-35-19
Continuing education requirements
Status: in_force

Any person licensed under this chapter shall complete eight hours of continuing education relating to competence in the practice of massage on a biennial basis of a type and from a facility or instructor approved by the board. The required continuing education hours may be obtained by electronic means. The board may waive the continuing education requirement upon proof of illness or hardship.

Source: SL 2005, ch 206, § 19; SL 2007, ch 223, § 4; SL 2013, ch 184, § 13.
S.D. Codified Laws § 36-13-31 — SD Code / Title 36 / Chapter 13 / Section 36-13-31
Appeal
Status: in_force

An appeal may be taken by any person affected by any order or decision of the board as provided by chapter 1-26 .

Source: SDC 1939, § 1.0116; revised pursuant to SL 1972, ch 15, § 4; SL 2008, ch 195, § 36.
S.D. Codified Laws § 36-12-18 — SD Code / Title 36 / Chapter 12 / Section 36-12-18
Temporary permits to applicants awaiting examination
Status: in_force

The secretary of the Board of Veterinary Medical Examiners shall issue temporary permits to those who have graduated from and received a degree from a legally authorized veterinary medical school having educational standards equal to those approved by the American Veterinary Medical Association, and notify the board of their intention to apply for a license at the next meeting of the board in which examinations are conducted and who submit with such notice of intention evidence of the degree which they have received and evidence of their good moral character, which temporary certificate shall not exceed the next issuance of licenses by the board. The board is not required to issue an additional temporary certificate to a person who has failed an examination given by the board.

Source: SL 1961, ch 201, § 18 (b); SL 1993, ch 279, § 3.
S.D. Codified Laws § 36-15-42.1 — SD Code / Title 36 / Chapter 15 / Section 36-15-42.1
Apprentice salon license to offer apprenticeship education--Requirements and term of license
Status: in_force

A salon may not offer apprenticeship education without obtaining an apprentice salon license. The owner of the salon may apply to the commission to be licensed as an apprentice salon if:

(1) The salon meets the applicable requirements of this chapter and rules promulgated pursuant to this chapter;

(2) The salon has passed the annual inspection for the current year; and

(3) The application is accompanied by the fee required in this chapter.

The apprentice salon license expires one year from the date of issuance and is renewable annually. The renewal application must be accompanied by the fee required in this chapter.

Source: SL 2003, ch 202, § 49; SL 2024, ch 157, § 3.
S.D. Codified Laws § 36-20B-17 — SD Code / Title 36 / Chapter 20B / Section 36-20B-17
Fee for examination
Status: in_force

The board may charge, or provide for a third-party administering the examination or reexamination to charge, each applicant a fee for the examination or reexamination.

Source: SL 2002, ch 179, § 21; SL 2008, ch 191, § 40; SL 2025, ch 161, § 2.
S.D. Codified Laws § 36-24-20 — SD Code / Title 36 / Chapter 24 / Section 36-24-20
Scope of qualifying examinations
Status: in_force

The practicum examination required by subdivision 36-24-17.2 (6) must include:

(1) Tests of knowledge in the following areas as they pertain to the fitting and dispensing of hearing aids:

(a) Basic physics of sound;

(b) The human hearing mechanism, including the science of hearing and the rehabilitation of abnormal hearing disorders; and

(c) Structure and function of hearing aids; and

(2) Tests of proficiency in the following techniques as they pertain to the fitting and dispensing of hearing aids:

(a) Pure tone audiometry, including air conduction and bone conduction testing;

(b) Live voice and recorded voice speech audiometry, including speech threshold testing and speech discrimination testing;

(c) Effective masking;

(d) Recording and evaluation of audiograms and speech audiometry tests to determine hearing aid candidacy;

(e) Selection and adaptation of hearing aids and testing of hearing aids;

(f) Taking earmold impressions; and

(g) Any other skills as they pertain to the fitting and dispensing of hearing aids.

The practicum examination may not include any questions requiring a medical or surgical education.

Source: SL 1968, ch 118, § 8; SL 1997, ch 221, § 30; SL 2024, ch 159, § 14.
S.D. Codified Laws § 36-10-32 — SD Code / Title 36 / Chapter 10 / Section 36-10-32
Licensure by reciprocity--Application--Fee--Promulgation of rules
Status: in_force

A person seeking licensure by reciprocity shall:

(1) Apply to the State Board of Physical Therapy, using a form provided by the board;

(2) Provide the evidence required by this chapter and rules of the board; and

(3) Submit an application fee, in an amount established by the board, in rule pursuant to chapter 1-26 , but not exceeding three hundred dollars.

Source: SL 1972, ch 205, § 5; SL 1988, ch 300, § 3; SL 2023, ch 136, § 16.
S.D. Codified Laws § 36-4-15 — SD Code / Title 36 / Chapter 4 / Section 36-4-15
False or fraudulent diploma or affidavit as misdemeanor
Status: in_force

Any person who submits to the Board of Examiners any false, forged, or fraudulent diploma or one of which he is not the lawful owner, or any false or forged affidavit of identification for the purpose of obtaining from such board any license required by this chapter is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 27.9904; SL 1949, ch 106, § 16; SDC Supp 1960, § 27.9943; SL 1977, ch 190, § 141.
S.D. Codified Laws § 36-37-1 — SD Code / Title 36 / Chapter 37 / Section 36-37-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Board," the Board of Examiners for Speech-Language Pathology;

(2) "Provisional license," the license issued to an applicant who is practicing speech-language pathology while completing the supervised postgraduate professional experience following completion of master's degree in speech-language pathology;

(3) "Speech-language pathologist," any person who engages in the practice of speech-language pathology and who is licensed in accordance with this chapter;

(4) "Speech-language pathology assistant," any person who assists in the practice of speech-language pathology and who meets the qualifications set forth in this chapter; and

(5) "Supervision," the direct, on-site monitoring by a speech-language pathologist of a speech-language pathology assistant or a speech-language pathologist with a provisional license.

Source: SL 2012, ch 196, § 1; SL 2023, ch 141, § 1.
S.D. Codified Laws § 36-6A-19 — SD Code / Title 36 / Chapter 6A / Section 36-6A-19
Subpoena power of board--Administration of oaths
Status: in_force

In all matters pending before it the board has the powers provided by § 1-26-19.1 .

Source: SDC 1939 § 27.0605; SL 1971, ch 213, § 13; revised pursuant to SL 1972, ch 15, § 4; SL 1992, ch 269, § 20.
S.D. Codified Laws § 36-9A-5.1 — SD Code / Title 36 / Chapter 9A / Section 36-9A-5.1
Advanced practice nurse advisory committee--Appointment--Terms--Duties
Status: in_force

The Board of Nursing shall appoint an advanced practice nurse advisory committee composed of two certified nurse midwives and four certified nurse practitioners. Committee members shall be selected from a list of nominees by the Board of Nursing. Each committee member shall serve a term of three years. No committee member may be appointed to more than three consecutive terms. If a vacancy occurs, the board shall appoint a person to fill the unexpired term. The appointment of a person to an unexpired term is not considered a full term. The committee shall meet at least annually or as necessary to conduct business. The committee shall assist the board in evaluating standards of advanced practice nursing care and the regulation of certified nurse practitioners and certified nurse midwives pursuant to this chapter. The committee shall also make recommendations to the board regarding rules promulgated pursuant to this chapter. The committee shall meet the requirements of chapter 1-25 regarding open meetings.

Source: SL 1999, ch 192, § 23; SL 2005, ch 199, § 23; SL 2017, ch 171, § 9; SL 2020, ch 167, § 4.
S.D. Codified Laws § 36-25-26 — SD Code / Title 36 / Chapter 25 / Section 36-25-26
Notice to commission of change of address
Status: in_force

Every holder of any permit granted under the provisions of this chapter shall promptly notify the commission of any change in his business or residence address.

Source: SL 1970, ch 222, § 11.
S.D. Codified Laws § 36-15-29.1 — SD Code / Title 36 / Chapter 15 / Section 36-15-29.1
School license restricted to premises--Exceptions--Transfer prohibited
Status: in_force

The license issued pursuant to § 36-15-29 authorizes the cosmetology, nail technology, or esthetics school holding a license to transact a school in this state only on the premises approved by the commission, subject to the rules of the commission. The license is not transferable to any other person. If the holder of the school license proposes to conduct a complete or partial education program on premises other than those licensed by the commission, the licensee shall obtain an additional license for the newly proposed premises as a school pursuant to § 36-15-29 or pursuant to § 36-15-29.3 as applicable. However, the commission may approve limited field trips supervised by instructors.

Source: SL 1972, ch 206, § 28; SL 2003, ch 202, § 41; SL 2009, ch 182, § 3.
S.D. Codified Laws § 36-9C-4 — SD Code / Title 36 / Chapter 9C / Section 36-9C-4
Qualifications for certified professional midwife
Status: in_force

No person may be licensed to practice as a certified professional midwife unless the person:

(1) Has obtained the certified professional midwife credential;

(2) For licensure of a person who obtains certification after December 31, 2019, has completed an educational program or pathway accredited by MEAC; or

(3) For a person who obtained certification through an educational program or pathway not accredited by MEAC:

(a) If certified before January 1, 2020, through a nonaccredited pathway, has obtained the midwifery bridge certificate issued by the North American Registry of Midwives before applying for licensure in this state; or

(b) Has maintained licensure in a state that does not require an accredited education and has obtained the midwifery bridge certificate regardless of the date of certification before applying for licensure in this state.

Source: SL 2017, ch 172, § 4.
S.D. Codified Laws § 36-9-85 — SD Code / Title 36 / Chapter 9 / Section 36-9-85
Evidence of qualifications required for license as clinical nurse specialist
Status: in_force

Any person practicing or offering to practice as a clinical nurse specialist in this state shall submit evidence of qualifications to the Board of Nursing and shall be licensed as provided by this chapter.

Source: SL 1995, ch 217, § 8.
S.D. Codified Laws § 36-10B-2 — SD Code / Title 36 / Chapter 10B / Section 36-10B-2
Licensing and designation
Status: in_force

Except as provided in § 36-10B-15 , no person may practice nutrition and dietetics or provide nutrition care services unless licensed or otherwise authorized to practice under this chapter. No person may practice as a licensed nutritionist, use the title nutritionist, dietitian, or licensed nutritionist, or use the abbreviation LN, unless licensed under this chapter. A licensed nutritionist may use the title licensed nutritionist and the abbreviation LN. A violation of this section is a Class 2 misdemeanor.

A dietitian registered by the Commission on Dietetic Registration may use the title registered dietitian and the designation RD.

Source: SL 1996, ch 240, § 2.
S.D. Codified Laws § 36-21D-7 — SD Code / Title 36 / Chapter 21D / Section 36-21D-7
Expenditure from fund only upon appropriation
Status: in_force

Any expenditure of money from the South Dakota appraisal management companies fund shall be made only upon appropriation by the Legislature through either the general appropriations act or a special appropriations bill.

Source: SL 2011, ch 184, § 7.
S.D. Codified Laws § 36-35-22 — SD Code / Title 36 / Chapter 35 / Section 36-35-22
Grounds for cancellation, suspension, or revocation of license--Hearing--Appeal
Status: in_force

The board may cancel, suspend, or revoke a license following a contested case hearing in compliance with chapter 1-26 upon satisfactory proof of incompetence, unprofessional conduct, or a violation of any provision of this chapter. The board may waive the requirement of prior notice and an informal meeting set forth in § 1-26-29 if the licensee presents an immediate threat to the public or has engaged in willful misconduct. Any licensee may appeal the cancellation, suspension, or revocation of a license in compliance with chapter 1-26 .

Source: SL 2005, ch 206, § 22; SL 2016, ch 197, § 16.
S.D. Codified Laws § 36-2-6 — SD Code / Title 36 / Chapter 2 / Section 36-2-6
Psychoanalysts exempt
Status: in_force

Nothing contained in this chapter shall be construed to apply to any qualified lay psychoanalyst who is practicing psychoanalysis in cooperation with a physician or doctor of medicine.

Source: SL 1953, ch 130, § 3; SDC Supp 1960, § 27.0319 (5).
S.D. Codified Laws § 36-16-14 — SD Code / Title 36 / Chapter 16 / Section 36-16-14
Contractor license required for installation of wiring or parts--Farm and residential wiring by Class B electrician
Status: in_force

No contract, agreement, or understanding with another for the installation of electrical wiring or the installation of electrical parts of other apparatus shall be entered into by anyone not an electrical contractor. Provided, however, that a Class B electrician, as defined in § 36-16-2 , is authorized to enter into a contract, undertaking, or agreement for the installation of electrical wiring and his authority under the contract, undertaking or agreement is limited to the installation of farm electrical wiring, residential electrical wiring, the installation of electrical equipment, appliances and apparatus, in relation to said farm and residential wiring.

Source: SL 1963, ch 216, § 15; SL 1978, ch 272, § 2.
S.D. Codified Laws § 36-21D-13 — SD Code / Title 36 / Chapter 21D / Section 36-21D-13
Maintenance of surety bond or irrevocable letter of credit
Status: in_force

An appraisal management company shall continuously maintain the surety bond or irrevocable letter of credit required by § 36-21D-12 on file with the Department of Labor and Regulation in the amount of twenty-five thousand dollars for the exclusive purpose of payment of the obligations listed in subdivision 36-21D-12(1). Upon termination, cancellation, or reduction of the surety bond or irrevocable letter of credit to less than twenty-five thousand dollars, the registered appraisal management company shall file a replacement surety bond or irrevocable letter of credit within the time period established by the department by rule or surrender the company's registration to the department and cease operating as an appraisal management company.

Source: SL 2014, ch 184, § 2.
S.D. Codified Laws § 36-24-17.2 — SD Code / Title 36 / Chapter 24 / Section 36-24-17.2
Qualifications for licensure--Hearing aid dispenser
Status: in_force

To be eligible for a license to practice hearing aid dispensing, a person must:

(1) Submit an application on a form prescribed by the board;

(2) Submit an application fee, in an amount established by the board in rule promulgated pursuant to chapter 1-26 , but not exceeding three hundred fifty dollars;

(3) Be eighteen years of age or older;

(4) Be a high school graduate or the equivalent;

(5) Pass a national examination approved by the board;

(6) Pass a practicum examination approved by the board; and

(7) Have not committed an act for which disciplinary action may be justified.

Source: SL 1997, ch 221, § 25; SL 2024, ch 159, § 12.
S.D. Codified Laws § 36-5-14.1 — SD Code / Title 36 / Chapter 5 / Section 36-5-14.1
Annual renewal of license--Fee
Status: in_force

Any license issued pursuant to this chapter shall be renewed annually on or before the thirty-first day of December. The renewal shall be issued by the board upon payment of the fee set by rule, promulgated by the board pursuant to chapter 1-26 , not exceeding the sum of three hundred dollars. The renewal license shall be in the form of a receipt acknowledging payment of the required fee and signed by the executive secretary of the board.

Source: SL 1975, ch 232, § 12; SL 1986, ch 302, § 53; SL 2000, ch 190, § 1; SL 2002, ch 177, § 3; SL 2005, ch 199, § 13; SL 2008, ch 191, § 11; SL 2021, ch 173, § 18.
S.D. Codified Laws § 36-15-60 — SD Code / Title 36 / Chapter 15 / Section 36-15-60
Certain acts prohibited--Misdemeanor
Status: in_force

No person may:

(1) Practice cosmetology, nail technology, or esthetics without a license;

(2) Intentionally make any false oath or affirmation whenever an oath or affirmation is required by this chapter or rules promulgated to this chapter;

(3) Fail to display any license in a conspicuous place in the salon, booth, or school;

(4) Fail to comply with the plumbing, electrical, physical, or sanitary requirements as stated in the rules promulgated by the commission;

(5) Charge or receive compensation for teaching an apprentice any of the practices of cosmetology;

(6) Operate a school without a license as provided for in this chapter;

(7) Employ or allow any unlicensed person to perform work which under this chapter may lawfully be done only by licensed persons;

(8) Operate a salon, booth, or school for any of the practices of cosmetology without having first obtained the applicable license as provided in this chapter;

(9) Practice any cosmetology services for which the commission requires additional continuing education in which the education has not been completed; and

(10) Do any act prohibited by this chapter.

A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, §§ 27.1516, 27.9930; SL 1943, ch 106, § 4; SL 1947, ch 125, § 4; SL 1957, ch 118, § 1; SL 1972, ch 206, § 56; SL 1977, ch 190, § 182; SL 1986, ch 302, § 6; SL 1997, ch 218, §§ 26, 27; SL 2003, ch 202, § 65; SL 2007, ch 217, § 10.
S.D. Codified Laws § 36-9C-6 — SD Code / Title 36 / Chapter 9C / Section 36-9C-6
Board of Certified Professional Midwives established
Status: in_force

There is hereby established the Board of Certified Professional Midwives within the Department of Health. The board shall submit records, information, and reports in the form and as required by the secretary of health. The board shall report at least annually to the Department of Health.

Source: SL 2017, ch 172, § 6.
S.D. Codified Laws § 36-31A-4 — SD Code / Title 36 / Chapter 31A / Section 36-31A-4
State participation in compact--Single-state license not affected
Status: in_force

A. To participate in the compact, a member state must:

1. License occupational therapists and occupational therapy assistants;

2. Participate fully in the commission’s data system, including using the commission’s unique identifier as defined in rules of the commission;

3. Have a mechanism in place for receiving and investigating complaints about licensees;

4. Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee;

5. Implement or utilize procedures for considering the criminal history records of applicants for an initial compact privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records;

(a) A member state shall, within a time frame established by the commission, require a criminal background check for a licensee seeking or applying for a compact privilege, whose primary state of residence is that member state, by receiving the results of the Federal Bureau of Investigation criminal record search, and shall use the results in making licensure decisions; and

(b) Communication between a member state, the commission, and among member states, regarding the verification of eligibility for licensure through the compact, may not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92-544;

6. Comply with the rules of the commission;

7. Utilize only a recognized national examination as a requirement for licensure pursuant to the rules of the commission; and

8. Have continuing education requirements as a condition for license renewal.

B. A member state shall grant the compact privilege to a licensee holding a valid, unencumbered license in another member state, in accordance with the terms of the compact and rules.

C. A member state may charge a fee for granting a compact privilege.

D. A member state shall provide for the state’s delegate to attend all occupational therapy compact commission meetings.

E. Individuals not residing in a member state may apply for a member state’s single-state license, as provided under the laws of each member state. The single-state license granted to these individuals may not be recognized as granting the compact privilege in any other member state.

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

Source: SL 2023, ch 139, § 4.
S.D. Codified Laws § 36-5-29 — SD Code / Title 36 / Chapter 5 / Section 36-5-29
Unauthorized practice as chiropractic assistant--Misdemeanor
Status: in_force

Any person who practices or attempts to practice as a chiropractic assistant without first having secured a certificate of registration from the board and an annual renewal is guilty of a Class 1 misdemeanor.

Source: SL 2008, ch 192, § 7; SL 2021, ch 173, § 37.
S.D. Codified Laws § 36-20B-7 — SD Code / Title 36 / Chapter 20B / Section 36-20B-7
Moneys paid to state treasurer--Credit to Board of Accountancy fund--Appropriation and expenditure of funds
Status: in_force

All money coming into the custody of the board each calendar month 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 money to the South Dakota Board of Accountancy fund. The money in the South Dakota Board of Accountancy fund is continuously appropriated to the board for the purpose of paying the expense of administering and enforcing the provisions of this chapter. However, the total expense incurred may not exceed the total money collected by the board under the provisions of this chapter.

Source: SL 2002, ch 179, § 8.
S.D. Codified Laws § 36-4-24.2 — SD Code / Title 36 / Chapter 4 / Section 36-4-24.2
Forfeiture of license for failure to renew--Renewal on application
Status: in_force

Failure of a person to renew his license on or before March first in the odd numbered years shall constitute a forfeiture of the license held by such person. However, such license may be renewed at the discretion of the Board of Medical and Osteopathic Examiners upon the payment of the fee provided in § 36-4-19 for the issuance of licenses by reciprocity and upon making the application provided in § 36-4-19.1 required for reciprocity.

Source: SDC Supp 1960, § 27.0312A as enacted by SL 1969, ch 105, § 8; SL 1973, ch 241, § 14; SL 1985, ch 297, § 17; SL 1987, ch 29, § 22; SL 2018, ch 227, § 3.
S.D. Codified Laws § 36-34-5 — SD Code / Title 36 / Chapter 34 / Section 36-34-5
Meetings of board--Election of officers
Status: in_force

The board shall annually elect a president, vice 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. However, a majority of the board may call a meeting without the assent of the president.

Source: SL 2004, ch 253, § 6; SL 2013, ch 183, § 3.
S.D. Codified Laws § 36-20B-70 — SD Code / Title 36 / Chapter 20B / Section 36-20B-70
Firm permit required for CPA licensed in another state to exercise practice privileges
Status: in_force

An individual who has been granted practice privileges under the provisions of § 36-20B-66 or 36-20B-67 who performs for any entity with its home office in this state any of the following services:

(1) Any financial statement audit or other engagements to be performed in accordance with Statements on Auditing Standards (SAS);

(2) Any examination of prospective financial information to be performed in accordance with Statements on Standards For Attestation Engagements (SSAE); or

(3) Any engagement to be performed in accordance with Public Company Accounting Oversight Board (PCAOB) auditing standards;

Source: SL 2009, ch 185, § 27.
S.D. Codified Laws § 36-9C-20 — SD Code / Title 36 / Chapter 9C / Section 36-9C-20
Midwife regulation fund
Status: in_force

There is hereby established the midwife regulation fund. All fees received by the board, and money collected under this chapter, shall be forwarded to the state treasurer before the eleventh day of each month. The state treasurer shall credit the funds to the midwife regulation fund. The funds in the account are hereby continuously appropriated to the board for the purpose of paying the expense of administering and enforcing the provisions of this chapter. The total expenses incurred by the board may not exceed the total amount of funds collected.

Source: SL 2017, ch 172, § 20.
S.D. Codified Laws § 36-4A-8.1 — SD Code / Title 36 / Chapter 4A / Section 36-4A-8.1
Temporary license--Issuance--Expiration--Exceptions
Status: in_force

The board may issue a temporary license to an applicant who has completed an accredited program, as referenced in § 36-4A-8 , and has submitted evidence to the board that the applicant is a candidate accepted to write the examination required by § 36-4A-8 or is awaiting the results of the first examination for which the applicant is eligible after graduation from an accredited program.

A temporary license may be issued only once and, except as otherwise provided in this section, is effective for a period no longer than one hundred twenty days. A temporary license otherwise expires upon:

(1) Issuance of a regular license to the applicant; or

(2) Failure of the applicant to pass the licensing examination.

The period of effectiveness set forth in this section for a temporary license does not apply to an applicant who has passed the licensing examination, has a collaborative agreement, and has an application for licensure pending before the board.

The period of effectiveness set forth in this section for a temporary license and the requirement for evidence of acceptance to write the examination required by § 36-4A-8 , upon graduation from an accredited program, do not apply to an otherwise eligible applicant, if the examination is delayed or cancelled due to a natural disaster or gubernatorially declared emergency.

Source: SL 1991, ch 301, § 1; SL 1999, ch 192, § 6; SL 2007, ch 207, § 7; SL 2025, ch 149, § 8.
S.D. Codified Laws § 36-27A-37 — SD Code / Title 36 / Chapter 27A / Section 36-27A-37
Disposition of receipts by board--Special account--Appropriation--Limitation of expenses
Status: in_force

All money coming into the custody of the Board of Examiners of Psychologists each calendar month shall be paid to the state treasurer on or before the tenth day of the next month. The state treasurer shall keep the money in a separate account for the South Dakota Board of Examiners of Psychologists. The money in that account is continuously appropriated to the board for administering and enforcing this chapter. The total expense incurred may not exceed the total money collected by the board under the provisions of this chapter.

Source: SL 1976, ch 235, § 46; SDCL Supp, § 36-27-16; SL 1981, ch 281, § 38.
S.D. Codified Laws § 36-4-17.1 — SD Code / Title 36 / Chapter 4 / Section 36-4-17.1
Examination of applicant with dual MD-PhD degree
Status: in_force

If the applicant has successfully completed a dual degree MD-PhD program in an institution approved by the board, all of the requirements of § 36-4-17 apply. However, the applicant shall pass all parts or steps of the examination within ten years.

Source: SL 2009, ch 180, § 1.
S.D. Codified Laws § 36-6A-1.1 — SD Code / Title 36 / Chapter 6A / Section 36-6A-1.1
State Board of Dentistry--Members
Status: in_force

The State Board of Dentistry shall consist of seven members. Five members shall be dentists in active practice in South Dakota for at least five years immediately preceding appointment. One member shall be a lay person and a resident of this state at least five years. One member shall be a dental hygienist in active practice in South Dakota at least five years.

Source: SDC 1939, § 27.0602; SL 1971, ch 213, § 2; SL 1981, ch 275, § 1; SL 1992, ch 269, § 1; SDCL § 36-6A-1 ; SL 2015, ch 199, § 2.
S.D. Codified Laws § 36-21A-41 — SD Code / Title 36 / Chapter 21A / Section 36-21A-41
Qualification by examination required
Status: in_force

No person may be licensed until qualified by examination, except as otherwise provided by this chapter.

Source: SL 1992, ch 273, § 41; SL 1998, ch 233, § 1.
S.D. Codified Laws § 36-13-25 — SD Code / Title 36 / Chapter 13 / Section 36-13-25
Schedule of fees for doing business established by board--Exceeding schedule as misdemeanor
Status: in_force

The board shall, by rule promulgated pursuant to chapter 1-26 , establish a schedule of fees for doing business under the provisions of this chapter and shall furnish to each licensed abstracter a copy of such schedule and any amendments. The board shall also establish, by rule promulgated pursuant to chapter 1-26 , a schedule of fees and the requirements for an abstracter's services for countersigning title insurance policies pursuant to § 58-25-16 . It is a Class 2 misdemeanor to exceed the schedule established by the Abstracters' Board of Examiners.

Source: SDC 1939, § 1.0201; SL 1951, ch 1; SL 1953, ch 2; SL 1971, ch 215; SL 1977, ch 190, § 176; SL 1980, ch 256, § 1; SL 1986, ch 302, § 43; SL 2008, ch 195, § 31.
S.D. Codified Laws § 36-2A-8 — SD Code / Title 36 / Chapter 2A / Section 36-2A-8
Denial of admission
Status: in_force

Admission to the program may be denied if the applicant:

(1) Is not eligible for licensure in this state;

(2) Diverted controlled substances for other than personal use;

(3) Creates too great a risk to the public by participating in the program as determined by program personnel; or

(4) Has engaged in sexual misconduct that meets the criteria for denial of admission.

Source: SL 1996, ch 227, § 8; SL 2013, ch 171, § 8; SL 2021, ch 170, § 9.
S.D. Codified Laws § 36-19-30 — SD Code / Title 36 / Chapter 19 / Section 36-19-30
Funeral establishment--Management
Status: in_force

Each funeral establishment must be managed by a person licensed under this chapter.

Source: SL 1963, ch 154, § 4; SL 2023, ch 137, § 14.
S.D. Codified Laws § 36-21A-10 — SD Code / Title 36 / Chapter 21A / Section 36-21A-10
Property manager defined
Status: in_force

For the purposes of this chapter, a property manager is any person who for a fee, commission or other valuable consideration or with the intent or expectation of receiving a fee, commission or consideration negotiates or attempts to negotiate the rental, exchange or leasing or any real estate or of the improvements on it; lists real estate exchanges, rentals or leases; collects rents or attempts to collect rents for real estate; or advertises or holds himself out as engaged in any of the foregoing activities.

The term also includes any person who engages in the business of charging a fee or contracting for the collection of a fee in connection with a contract under which he undertakes to prompt the renting or leasing of real estate through its listing in a publication issued primarily for this purpose or through referral of information concerning the rentals or leases.

Source: SL 1992, ch 273, § 10.
S.D. Codified Laws § 36-20B-22 — SD Code / Title 36 / Chapter 20B / Section 36-20B-22
Eligibility to apply for certificate--Promulgation of rules
Status: in_force

An individual who passes the examination, and who satisfies the requirements set forth in § 36-20B-21 , may apply for a certificate in accordance with requirements established by the board, in rule promulgated pursuant to chapter 1-26 . The board shall grant or renew a certificate to any person who makes application and demonstrates qualifications that are in accordance with the provisions of this chapter.

Source: SL 2002, ch 179, § 23; SL 2026, ch 160, § 5.
S.D. Codified Laws § 36-9-16 — SD Code / Title 36 / Chapter 9 / Section 36-9-16
Employment of other persons by board
Status: in_force

The board may employ such other persons as may be necessary to carry on the work of the board.

Source: SL 1955, ch 91, § 3; SDC Supp 1960, § 27.0903 (3) (n); SL 1967, ch 101, § 3 (3) (n); SL 1979, ch 255, § 9; SL 1986, ch 307, § 17.
S.D. Codified Laws § 36-4C-4 — SD Code / Title 36 / Chapter 4C / Section 36-4C-4
Respiratory care practitioner's council--Appointment--Terms--Meetings--Duties--Board communication
Status: in_force

The board shall appoint a respiratory care practitioners council composed of five members:

(1) Two registered respiratory therapists;

(2) Two certified respiratory therapists; and

(3) A physician licensed pursuant to chapter 36-4 who practices as a pulmonologist.

The term of office for each member is three years. No member may be appointed to more than three consecutive, full terms. If a vacancy occurs, the board shall appoint a new member to fill the unexpired term. The appointment of a member to an unexpired term is not considered a full term.

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

The council shall assist the board in all matters related to the licensure, practice, education, investigation, and discipline of respiratory care practitioners. The council shall make recommendations to the board regarding rules promulgated pursuant to this chapter. The council shall submit meeting minutes and any recommendations to the board following each council meeting.

The board shall communicate activity on all matters relating to respiratory care practitioners with the council.

Source: SL 1993, ch 273, § 4; SL 2004, ch 245, § 3; SL 2005, ch 199, § 9; SL 2020, ch 167, § 3; SL 2024, ch 152, § 7.
S.D. Codified Laws § 36-35-17 — SD Code / Title 36 / Chapter 35 / Section 36-35-17
Application and license fees
Status: in_force

Any applicant for a license under this chapter shall submit a nonrefundable application fee not to exceed one hundred dollars. Any person who has a license issued or renewed by the board shall submit a license fee in an amount not to exceed sixty-five dollars. Fees shall be set by the board by rule promulgated pursuant to chapter 1-26 .

Source: SL 2005, ch 206, § 17; SL 2007, ch 223, § 3; SL 2008, ch 191, § 76.
S.D. Codified Laws § 36-1B-4 — SD Code / Title 36 / Chapter 1B / Section 36-1B-4
Fees
Status: in_force

No licensing body under this title may charge an application fee or any other fee payable to the licensing body for a license, certificate, registration, or permit issued pursuant to § 36-1B-1 . For the purposes of this section, the term, permit, does not include any permit referenced in this title that is required to perform installation work subject to inspection.

Source: SL 2013, ch 170, § 4; SL 2019, ch 167, § 3.
S.D. Codified Laws § 36-18A-4 — SD Code / Title 36 / Chapter 18A / Section 36-18A-4
Practice of land surveying defined
Status: in_force

For the purposes of this chapter, the term, practice of land surveying, means the practice or offering to practice professional services such as consultation, investigation, testimony evaluation, land-use studies, planning, mapping, assembling, interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, plan, report, description, or project.

The practice of land surveying includes any of the following:

(1) Locates, relocates, establishes, reestablishes, lays out, or retraces any property line or boundary of any tract of land or any road, right-of-way, easement, alignment, or elevation of any of the fixed works embraced within the practice of land surveying;

(2) Makes any survey for the subdivision of any tract of land;

(3) Determines, by the use of principles of land surveying, the position for any survey monument or reference point; or sets, resets, or replaces any such monument or reference point;

(4) Determines the configuration or contour of the earth's surface or the position of fixed objects on the earth's surface by measuring lines and angles and applying the principles of mathematics;

(5) Geodetic surveying which includes surveying for determination of the size and shape of the earth utilizing angular and linear measurements through spatially oriented spherical geometry; or

(6) Creates, prepares, or modifies electronic or computerized data, including land formation systems and geographic information systems, relative to the performance of the activities in subdivisions (1) to (5), inclusive, of this section.

Source: SL 1999, ch 195, § 4; SL 2016, ch 195, § 1.
S.D. Codified Laws § 36-18A-60 — SD Code / Title 36 / Chapter 18A / Section 36-18A-60
Findings and actions of board subject to appeal
Status: in_force

The findings and actions of the board on disciplinary matters shall be subject to appeal as provided by chapter 1-26 and rules promulgated pursuant to this chapter.

Source: SL 1999, ch 195, § 60.
S.D. Codified Laws § 36-9-28 — SD Code / Title 36 / Chapter 9 / Section 36-9-28
Practices not prohibited by chapter
Status: in_force

This chapter does not prohibit:

(1) Any nursing assistance in an emergency;

(2) The practice of nursing included in a program of study by a student enrolled in an approved prelicensure program for the preparation of registered nurses or licensed practical nurses;

(3) The practice of a legally qualified nurse from another state employed by the United States government and performing the nurse's official duty in this state;

(4) Gratuitous care of friends or members of the family;

(5) Domestic administration of family remedies, or care of the sick by domestic servants, housekeepers, companions, or household aides of any type, whether employed regularly or because of an emergency or illness, but who may not in any way assume to practice nursing as defined in this chapter;

(6) The nursing or care of the sick, with or without compensation, when done in connection with the practice of the religious tenets of any church by adherents thereof, so long as the person does not engage in the practice of nursing as defined in this chapter;

(7) The practice of nursing in this state by a nurse currently licensed in another state or territory whose employment requires the nurse to accompany and care for a patient in South Dakota during one such employment not to exceed three months in length. However, the nurse may not hold herself or himself out to be licensed in this state;

(8) The practice of the functions of a certified registered nurse anesthetist by a registered nurse enrolled as a student in an approved program for the preparation of certified registered nurse anesthetists;

(9) The practice of nursing in this state by a nurse currently licensed in another state, territory, or foreign country who is present in this state to provide education relative to the practice of nursing for a period of not more than five days;

(10) The administration of medications, other than by the parenteral route, by staff of community support providers, group homes, and supervised apartments certified or approved by the Department of Human Services, when under the supervision of a licensed registered nurse. The Department of Human Services, in consultation with the board, shall promulgate rules pursuant to chapter 1-26 for administration of medications by such staff;

(11) The assistance with or performance of bowel and bladder care, other than the insertion or removal of suprapubic catheters, by domestic servants, housekeepers, companions, or household aides, at the direction of a person needing such care who resides independently outside of any hospital, nursing or health care facility, or other similar institutional setting;

(12) The administration of medications, other than by the parenteral route, by staff of community mental health centers, community mental health residential facilities, and community support services programs certified or approved by the Department of Social Services. The administration of medications shall be under the direct or indirect supervision of a registered nurse. The Department of Social Services and the board shall promulgate rules pursuant to chapter 1-26 for administration of medications by such staff;

(13) The services performed in accordance with § 28-8A-10 by a personal attendant when acting at the direction of a person with a disability; and

(14) The practice of nursing included in a program of study by a registered nurse enrolled in an approved program for the preparation of a clinical nurse specialist.

Source: SL 1955, ch 91, § 10; SDC Supp 1960, § 27.0910; SL 1967, ch 101, § 10; SL 1976, ch 228, § 17; SL 1977, ch 295, § 1; SL 1979, ch 255, § 16; SL 1981, ch 278; SL 1987, ch 29, § 91; SL 1988, ch 298; SL 1989, ch 21, § 162; SL 1990, ch 303, § 1; SL 1991, ch 306; SL 1993, ch 275, § 1; SL 1994, ch 230, § 3; SL 1994, ch 298, § 2; SL 1995, ch 217, § 4; SL 1998, ch 225, § 1; SL 2009, ch 138, § 8; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011; SL 2012, ch 14, § 6; SL 2016, ch 194, § 15.
S.D. Codified Laws § 36-10-39 — SD Code / Title 36 / Chapter 10 / Section 36-10-39
Licensure suspension or revocation--Grounds
Status: in_force

The State Board of Physical Therapy may cancel, revoke, or suspend the license of any physical therapist or physical therapist assistant, issued under this chapter, upon satisfactory evidence of the licensee's incompetence, unprofessional or dishonorable conduct, or violation of this chapter.

Source: SL 1955, ch 96, § 9; SDC Supp 1960, § 27.09A09; SDCL § 36-10-14; SL 1972, ch 205, § 16; SL 1978, ch 270, § 10; SL 1996, ch 231, § 18; SL 2005, ch 199, § 28; SL 2017, ch 173, § 15; SL 2023, ch 136, § 23.
S.D. Codified Laws § 36-25-18 — SD Code / Title 36 / Chapter 25 / Section 36-25-18
Commission as committee of examiners--Duties of committee
Status: in_force

The commission shall also serve as a committee of plumbing examiners. The duties of such committee shall be to examine the qualifications of all persons having made application to the commission for a permit to engage in the business or trade of plumbing contractor, plumber, or plumber's apprentice.

Source: SL 1970, ch 222, § 4 (1), (2).
S.D. Codified Laws § 36-24-28.1 — SD Code / Title 36 / Chapter 24 / Section 36-24-28.1
Expiration of license--Renewal
Status: in_force

A license or provisional license issued under this chapter expires annually at a time specified by rules promulgated by the board pursuant to chapter 1-26 . A person licensed under this chapter shall:

(1) Pay a renewal license fee established by the board, by rule promulgated pursuant to chapter 1-26 , not to exceed three hundred fifty dollars;

(2) Submit an application for renewal on a form prescribed by the board; and

(3) Meet the continuing education requirements established by the board.

Licensees are granted a grace period of thirty days beyond the expiration date of the license to renew retroactively as long as licensees are otherwise eligible and pay to the board the renewal fee and any late fee not to exceed one hundred dollars set by the board, by rule promulgated pursuant to chapter 1-26 .

Source: SL 1997, ch 221, § 37; SL 2008, ch 191, § 51.
S.D. Codified Laws § 36-11-13 — SD Code / Title 36 / Chapter 11 / Section 36-11-13
Unlicensed practice of pharmacy--Penalty--Exception
Status: in_force

It is a Class 2 misdemeanor for any person other than a pharmacist to engage in the practice of pharmacy, except as provided by § 36-11-14 .

Source: SDC 1939, § 27.1013; SL 1964, ch 86; SL 1967, ch 102, § 14; SL 1977, ch 190, § 166; SL 1993, ch 278, § 5; SL 2025, ch 154, § 5.
S.D. Codified Laws § 36-26-3 — SD Code / Title 36 / Chapter 26 / Section 36-26-3
Board of Social Work Examiners--Composition--Appointment and qualifications of members
Status: in_force

The South Dakota Board of Social Work Examiners consists of seven members, two of whom shall be lay members, four of whom shall be certified social workers licensed under the provisions of this chapter to engage in private independent practice, and one of whom shall be a social worker professional licensed under the provisions of this chapter who has practiced in the state for at least two years. The Governor shall appoint all of the members.

Source: SL 1975, ch 22, § 3; SL 2005, ch 199, § 60; SL 2019, ch 173, § 1.
S.D. Codified Laws § 36-26-44 — SD Code / Title 36 / Chapter 26 / Section 36-26-44
Issuance of temporary licenses--Validity--Expiration
Status: in_force

The Board of Social Work Examiners may issue a temporary license as a certified social worker or social worker to an applicant who meets all requirements for a certified social worker or social worker except for passing the examination prepared by the board. The board may charge a fee for issuing a temporary license. A temporary license is valid until the board receives the results from the next available administration of the examination following submission of an application for a license. If the applicant passes the next available examination, the temporary license continues in effect until the board issues a regular license or denies the application. If the applicant fails to take or to pass the next available examination, the temporary license automatically expires.

Source: SL 1994, ch 309, § 1.
S.D. Codified Laws § 36-9A-22 — SD Code / Title 36 / Chapter 9A / Section 36-9A-22
Renewal of license
Status: in_force

The license of every person licensed under the provisions of this chapter shall be renewed biennially, except as provided in § 36-9A-25 . The expiration date shall be established by the board.

Source: SL 1979, ch 256, § 15; SL 1982, ch 274, § 7; SL 1995, ch 218, § 14; SL 2017, ch 171, § 27.
S.D. Codified Laws § 36-11-68 — SD Code / Title 36 / Chapter 11 / Section 36-11-68
Counseling patients and caregivers--Maintenance of patient records
Status: in_force

After receipt of a prescription drug order, the pharmacist shall offer to counsel each patient or caregiver who receives a prescribed drug or device from him on matters which in the exercise of the pharmacist's professional judgment the pharmacist deems significant. To this purpose, the pharmacist shall make a reasonable effort to obtain, record, and maintain pertinent patient information. Before January 1, 1993, the board shall establish minimum standards by rules adopted pursuant to chapter 1-26 for counseling patients and caregivers and for maintenance of patient information.

Nothing in this section shall be construed to require a pharmacist to provide patient counseling for prescribed drugs:

(1) Administered to an inpatient or resident of a health care facility;

(2) Administered by a certified or licensed health professional to registered outpatients of a hospital; or

(3) Provided in less than a seventy - two - hour supply to inpatients or outpatients as a part of the discharge process.

Source: SL 1992, ch 270, § 3.
S.D. Codified Laws § 36-9C-9 — SD Code / Title 36 / Chapter 9C / Section 36-9C-9
Terms of office
Status: in_force

The term of office for members of the board is three years and expires on October thirtieth. Each member shall serve until a successor is appointed and qualified. No member may be appointed to more than three consecutive full terms. Appointment of a person to an unexpired term is not considered a full term for this purpose.

At the expiration of a term, or if a vacancy occurs, the Governor shall appoint a new board member. The Governor may stagger terms to enable the board to have different terms expire each year.

Source: SL 2017, ch 172, § 9.
S.D. Codified Laws § 36-1C-18 — SD Code / Title 36 / Chapter 1C / Section 36-1C-18
Criminal history--Prohibited agency actions
Status: in_force

An agency or administrator may not take adverse action against an applicant or licensee based on arrest or court records which have been sealed, expunged, or pardoned. An agency or administrator may not require an applicant or licensee to disclose arrest or court records which have been sealed, expunged, or pardoned.

Source: SL 2024, ch 150, § 3.
S.D. Codified Laws § 36-34-9 — SD Code / Title 36 / Chapter 34 / Section 36-34-9
Acceptance, deposit, and use of funds--Continuous appropriation
Status: in_force

The board may accept any funds which may be made available to it from any source. All funds received by the board shall be paid to the state treasurer weekly or as prescribed by the state treasurer. The state treasurer shall keep the money in a separate account for the board. The money in that account is continuously appropriated to the board for administering and enforcing this chapter. No expense incurred may exceed the total money collected by the board under the provisions of this chapter.

Source: SL 2004, ch 253, § 10; SL 2013, ch 183, § 5.
S.D. Codified Laws § 36-12-27 — SD Code / Title 36 / Chapter 12 / Section 36-12-27
Unauthorized practice of veterinary medicine as misdemeanor
Status: in_force

Any person engaging in the practice of veterinary medicine for which a license and registration certificate is required without such license or registration certificate, or without a temporary permit to do so, is guilty of a Class 2 misdemeanor.

Source: SDC 1939, §§ 40.0202, 40.9902; SL 1961, ch 201, § 19; SL 1977, ch 190, § 174.
S.D. Codified Laws § 36-24-42 — SD Code / Title 36 / Chapter 24 / Section 36-24-42
Enforcement of chapter by board--Election of remedies
Status: in_force

Any person violating the provisions of this chapter may be enjoined from further violation upon application by the board for an injunction in any court of competent jurisdiction to restrain the person from continuing to practice. No proceeding may be barred by any proceeding that occurred or is pending pursuant to § 36-24-39.2 . However, an action for injunction is an alternative to criminal proceedings, and the commencement of one proceeding by the board constitutes an election.

Source: SL 1968, ch 118, § 23; SL 1972, ch 15, § 4; SL 1997, ch 221, § 52; SL 2024, ch 159, § 26.
S.D. Codified Laws § 36-6A-9 — SD Code / Title 36 / Chapter 6A / Section 36-6A-9
Affiliation with American Association of Dental Boards and testing agency--Dues--Meetings
Status: in_force

The board may affiliate with the American Association of Dental Boards and any regional or national dental testing agency recognized by the board as active members, pay regular annual dues to the entities, and send members and agents of the board to the meetings of the entities. Each member and agent may receive the per diem and reimbursement of expenses provided by law for members of the board.

Source: SDC 1939, § 27.0603; SL 1971, ch 213, § 8; SL 1992, ch 269, § 8; SL 2015, ch 199, § 7.
S.D. Codified Laws § 36-4B-1 — SD Code / Title 36 / Chapter 4B / Section 36-4B-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Advanced life support," a level of emergency care consisting of basic life support procedures and definitive therapy;

(2) "Advanced life support personnel," a person licensed by the board as:

(a) An emergency medical technician-intermediate/85;

(b) An emergency medical technician-intermediate/99;

(c) An advanced emergency medical technician; or

(d) A paramedic;

(3) "Basic life support personnel," a person licensed by the board as:

(a) An emergency medical responder; or

(b) An emergency medical technician;

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

(5) "Direct control," real-time communications during an ambulance run between emergency medical services personnel and a physician, physician assistant, or nurse practitioner, licensed in this state;

(6) "Emergency medical services," health care provided to a patient by emergency medical services personnel;

(7) "Emergency medical services personnel," a person licensed by the board as:

(a) An emergency medical responder;

(b) An emergency medical technician;

(c) An emergency medical technician-intermediate/85;

(d) An emergency medical technician-intermediate/99;

(e) An advanced emergency medical technician; or

(f) A paramedic; and

(8) "Indirect control," the establishment and implementation of guidelines, policies, and protocols approved by a physician, physician assistant, or nurse practitioner, licensed in this state.

Source: SL 1978, ch 269, § 1; SL 1987, ch 268, § 1; SL 1991, ch 302, §§ 1-3; SL 1992, ch 268, § 1; SL 2003, ch 198, § 1; SL 2004, ch 17, § 232; SL 2007, ch 208, § 1; SL 2011, ch 177, § 1; SL 2015, ch 277 (Ex. Ord. 15-1), § 33, eff. Apr. 20, 2015; SL 2021, ch 172, § 1; SL 2022, ch 144, § 1; SL 2022, ch 145, § 3; SL 2024, ch 153, § 1; SL 2025, ch 128, § 5; SL 2026, ch 136, § 5.
S.D. Codified Laws § 36-21B-6 — SD Code / Title 36 / Chapter 21B / Section 36-21B-6
Legislative appropriations of Real Estate Appraiser Fund
Status: in_force

Any expenditure of money out of the South Dakota Real Estate Appraiser Fund shall be made only upon appropriation by the Legislature through either the general appropriations act or a special appropriations bill.

Source: SL 1995, ch 223, § 7A.
S.D. Codified Laws § 36-18A-33 — SD Code / Title 36 / Chapter 18A / Section 36-18A-33
Examination requirements--Fees
Status: in_force

The board shall admit to examination any candidate who pays a fee, not to exceed two hundred dollars, established by the board and submits an application with evidence satisfactory to the board that the applicant satisfies the necessary education and experience requirements. The board may require an applicant for licensure or a current licensee to take an examination as it deems necessary to determine that person's professional minimum competency. Upon approval of examination applications, examination fees may be paid by the applicant directly to a national vendor or third party. The board may hold membership in and be represented at national councils or organizations of professional practices licensed under this chapter and may pay the appropriate membership fees. The board may allow proctoring of examinations for approved candidates at out-of-state or overseas sites by administrators of national council member boards. The board may accept candidates to be proctored in this state from other national council member boards. A take-home questionnaire based on statutes and rules and related to professionalism and ethics may also be required. The board shall promulgate rules, pursuant to chapter 1-26 , to establish application, examination, and proctor fees for all examinations. No fee may exceed one thousand dollars.

Source: SL 1999, ch 195, § 33; SL 2009, ch 184, § 4.
S.D. Codified Laws § 36-6A-5 — SD Code / Title 36 / Chapter 6A / Section 36-6A-5
Officers of board
Status: in_force

The board shall elect annually from its members a president, vice-president, and a secretary-treasurer. No member may serve as president for more than three consecutive one year terms.

Source: SDC 1939, § 27.0603; SL 1971, ch 213, § 5; SL 1989, ch 322; SL 1992, ch 269, § 4; SL 2015, ch 199, § 3.
S.D. Codified Laws § 36-21A-142 — SD Code / Title 36 / Chapter 21A / Section 36-21A-142
Limited agent not to disclose certain information about one client to another without written authority--Exceptions
Status: in_force

Without the express written authority of a client, no limited agent may disclose to one client any confidential information about the other client unless the disclosure is required by statute or rule or failure to disclose the information would constitute misrepresentation. No cause of action for any person may arise against a limited agent for making any required or permitted disclosure.

A limited agent does not terminate the limited agency relationship by making any required or permitted disclosures.

Source: SL 1998, ch 229, § 19.
S.D. Codified Laws § 36-35-16 — SD Code / Title 36 / Chapter 35 / Section 36-35-16
Renewal of license
Status: in_force

Any licensee holding a valid license under this chapter may renew that license by making application for renewal, paying the required renewal fee, and providing proof of compliance with the continuing education requirements set by the board. If the board has not received a license renewal application by the expiration date, the board shall notify the licensee within five days that the renewal application has not been received and that the licensee may not practice until the license is renewed. Any person who submits a license renewal application and provides proof of compliance with the continuing education requirements set by the board within thirty days after the expiration date may be granted a license renewal.

Source: SL 2005, ch 206, § 16; SL 2011, ch 187, § 2; SL 2013, ch 184, § 11; SL 2016, ch 197, § 13.
S.D. Codified Laws § 36-37-13 — SD Code / Title 36 / Chapter 37 / Section 36-37-13
Moneys collected and payments by board
Status: in_force

All moneys coming into the custody of the board, including any fees and any other payments, shall be paid by the board to the state treasurer on or before the tenth day of each month and shall consist of all moneys received by the board during the preceding calendar month. The state treasurer shall credit the moneys to the Board of Examiners for Speech-Language Pathology account, which account is hereby created. The moneys in the account are hereby continuously appropriated to the board for the purpose of paying the expense of administering and enforcing the provisions of this chapter. The total expenses incurred by the board may not exceed the total moneys collected.

Source: SL 2012, ch 196, § 13.
S.D. Codified Laws § 36-32A-1 — SD Code / Title 36 / Chapter 32A / Section 36-32A-1
Current licensees and individuals practicing under plan of supervision--Eligible for compact privilege
Status: in_force

An individual licensed as a professional counselor, in accordance with § 36-32-64 , or a professional counselor--mental health, in accordance with § 36-32-65 , before July 1, 2024, or an individual practicing under a board-approved plan of supervision in accordance with chapter 36-32 before July 1, 2024, is eligible to participate in the counseling licensure compact adopted by § 36-32A-2 .

Source: SL 2024, ch 164, § 6.
S.D. Codified Laws § 36-18A-53 — SD Code / Title 36 / Chapter 18A / Section 36-18A-53
Employee not responsible for corporate violations--Exception
Status: in_force

A violation of any of the provisions of this chapter by a business entity is not grounds for the revocation, suspension, or refusal to renew a license of an individual employee of the business entity unless the board finds that the employee was a party to the violation.

Source: SL 1999, ch 195, § 53.
S.D. Codified Laws § 36-6A-18 — SD Code / Title 36 / Chapter 6A / Section 36-6A-18
Assistance in enforcement--Expenditures--Employment of attorney
Status: in_force

The board and its members and officers shall assist any person charged with the enforcement of this chapter, and the board, its members, agents, and officers shall furnish the person with evidence to assist in the prosecution of any violation or enforcement of this chapter, and the board may, for that purpose, make a reasonable expenditure. The board may, if it deems best for the enforcement of this chapter or in the conduct of its duties, employ an attorney designated by the attorney general. The board shall fix and determine the compensation and period of service of the attorney who shall be paid out of the funds of the board.

Source: SL 1971, ch 213, § 12; SL 1992, ch 269, § 18; SL 2015, ch 199, § 16.
S.D. Codified Laws § 36-9A-31 — SD Code / Title 36 / Chapter 9A / Section 36-9A-31
Revocation or suspension of license--Procedure
Status: in_force

Any proceeding relative to the revocation or suspension of a license shall conform to the procedures set forth in chapter 1-26 . A license may be revoked or suspended only after a hearing conducted by a hearing examiner appointed by the board or by a majority of members of the board. Any decision to suspend or revoke a license requires a majority vote of the board.

Source: SL 1979, ch 256, §§ 21, 22; SL 1995, ch 218, § 21; SL 2017, ch 171, § 36.
S.D. Codified Laws § 36-33-58 — SD Code / Title 36 / Chapter 33 / Section 36-33-58
Complaints--Investigation--Dismissal--Hearing--Appeal
Status: in_force

The board shall receive complaints regarding the enforcement of the provisions of this chapter pursuant to the procedures set forth in chapter 36-1C. A record of each complaint shall be maintained by the board.

Notwithstanding chapter 36-1C, the investigator, if a member of the board, may dismiss a complaint if it appears to the member, in consultation with the board president, that no violation has been committed. If the investigator is an agent or an appointee of the board, dismissal of the complaint may only be made by the board president. Any disposition agreed upon between the investigator and the licensee or permit holder shall be made known to and approved by the board.

Any disciplinary proceeding shall be conducted in accordance with chapter 1-26 . Any decision of the board entered in a contested proceeding may be appealed to the circuit court within thirty days. A license or permit shall remain in effect during the pendency of an appeal unless suspended under § 36-33-64 .

Source: SL 2020, ch 166, § 25; SL 2021, ch 168, § 43.
S.D. Codified Laws § 36-12-21.4 — SD Code / Title 36 / Chapter 12 / Section 36-12-21.4
Issuance of certificate for technician--Posting
Status: in_force

The board shall issue a registration certificate for each veterinary technician registered with the board. The certificate shall state the name of the licensed veterinarian by whom such technician is employed and the year of registration. The registration certificate shall be posted in the office of the licensed veterinarian.

Source: SL 1973, ch 245, § 3 (4); SL 1993, ch 280, § 5.
S.D. Codified Laws § 36-12-24 — SD Code / Title 36 / Chapter 12 / Section 36-12-24
Procedure on revocation or suspension of license
Status: in_force

All proceedings relative to the revocation or suspension of a license, or relative to reissuing a license which has been revoked shall only be held when a majority of the members of the Board of Veterinary Medical Examiners are present at such hearings. Such proceedings shall be in compliance with chapter 1-26 .

Source: SL 1961, ch 201, § 14; revised pursuant to SL 1972, ch 15, § 4.
S.D. Codified Laws § 36-8-9 — SD Code / Title 36 / Chapter 8 / Section 36-8-9
Application fee
Status: in_force

The Board of Podiatry Examiners shall promulgate rules, pursuant to chapter 1-26 , to establish an application fee not to exceed five hundred dollars to obtain a license for the practice of podiatry in this state.

Source: SDC 1939, § 27.0806; SL 1959, ch 131, § 7; SL 1971, ch 214, § 1; SL 1979, ch 254, § 1; SL 1995, ch 216, § 3; SL 2018, ch 228, § 4.
S.D. Codified Laws § 36-4B-13 — SD Code / Title 36 / Chapter 4B / Section 36-4B-13
Issuance of emergency medical services personnel licenses--Qualifications of applicants
Status: in_force

The board shall, by rule promulgated pursuant to chapter 1-26 :

(1) Establish the educational and practical criteria and requirements for licensure as:

(a) An emergency medical responder;

(b) An emergency medical technician;

(c) An emergency medical technician-intermediate/85;

(d) An emergency medical technician-intermediate/99;

(e) An advanced emergency medical technician; and

(f) A paramedic; and

(2) Provide an application form for use in requesting licensure.

Source: SL 1978, ch 269, § 8; SL 1987, ch 268, § 3; SL 1992, ch 268, § 10; SL 2020, ch 168, § 2; SL 2021, ch 172, § 5; SL 2024, ch 153, § 6.
S.D. Codified Laws § 36-21A-94 — SD Code / Title 36 / Chapter 21A / Section 36-21A-94
Proof by subdivider of ability to provide promised public improvements--Security
Status: in_force

No application may be approved by the commission unless the subdivider offers satisfactory proof of his ability to provide promised public improvements including water, sewer, gas and streets. Satisfactory proof shall be in the form of performance bonds or other security.

Source: SL 1992, ch 273, § 94.
S.D. Codified Laws § 36-6A-60 — SD Code / Title 36 / Chapter 6A / Section 36-6A-60
Proof of licensure or registration in prosecution for violation
Status: in_force

In the prosecution of any person for violation of this chapter, it is not necessary to allege or prove lack of a valid license to practice as a dentist or a dental hygienist or a valid registration to practice as a dental radiographer or a registered dental assistant but such proof of licensure or registration is a matter of defense to be established by the defendant.

Source: SDCL § 36-6-48 as added by SL 1971, ch 213, § 39; SL 1992, ch 269, § 61; SL 2015, ch 199, § 75.
S.D. Codified Laws § 36-16-4 — SD Code / Title 36 / Chapter 16 / Section 36-16-4
Commission member involved in education of electrical engineers or electricians
Status: in_force

The Governor shall appoint one member of the State Electrical Commission who shall be involved in the education of electrical engineers or electricians. The member shall be reimbursed travel expenses, pursuant to § 3-9-2 , that are related to the discharge of the member's duty under this section.

Source: SL 1963, ch 216, § 3; SL 1980, ch 380, § 19; SL 2004, ch 17, § 235; SL 2004, ch 250, § 1; SL 2005, ch 199, § 48; SL 2011, ch 179, § 1; SL 2021, ch 177, § 2.
S.D. Codified Laws § 36-9-7 — SD Code / Title 36 / Chapter 9 / Section 36-9-7
Qualifications of registered nurse members of board
Status: in_force

Each registered nurse member of the board shall be licensed in good standing as a registered nurse in this state, shall be a graduate from an approved program for the preparation of registered nurses, shall have at least five years experience since graduation in the practice of nursing, and shall have been actively engaged in nursing for at least three of the last four years preceding appointment.

Of the seven registered nurse members, at least two shall be from nursing service or practice, two from nursing education, and at least one shall be a certified registered nurse anesthetist, a certified nurse practitioner, a certified nurse midwife, or a clinical nurse specialist.

Of the two members from nursing education, one shall be a faculty member or administrator of a practical nursing program and one shall be a faculty member or an administrator of a registered nursing program.

Source: SDC 1939, § 27.0901; SL 1947, ch 123, § 2; SL 1955, ch 91, § 3; SDC Supp 1960, § 27.0903 (2); SL 1967, ch 101, § 3 (2); SL 1976, ch 228, § 8; SL 1981, ch 277, § 1; SL 1994, ch 297, § 1; SL 1995, ch 217, § 3; SL 2016, ch 194, § 6.
S.D. Codified Laws § 36-4A-34 — SD Code / Title 36 / Chapter 4A / Section 36-4A-34
Fees
Status: in_force

The board shall set, by rules promulgated pursuant to chapter 1-26 , and shall collect in advance the following nonrefundable fees from applicants:

(1) For an initial license, not more than seventy-five dollars;

(2) For renewal of a license, not more than one hundred dollars;

(3) For reinstatement of a lapsed license, the current renewal fee plus not more than twenty-five dollars;

(4) For a temporary license, not more than fifty dollars.

Source: SL 1973, ch 250, § 16; SL 1999, ch 190, § 2; SL 1999, ch 192, § 6; SL 2007, ch 207, § 23; SL 2008, ch 191, § 6.
S.D. Codified Laws § 36-26-31 — SD Code / Title 36 / Chapter 26 / Section 36-26-31
Examination and inspection of private establishments--Access to premises
Status: in_force

It shall be the duty of the board at least annually and from time to time to examine and inspect or cause to be examined and inspected all private social work establishments in the state. Said board and its agents and employees shall have the authority to enter and inspect any private social work establishment at any time when the establishment is open for the transaction of business.

Source: SL 1975, ch 22, § 21.
S.D. Codified Laws § 36-25-10 — SD Code / Title 36 / Chapter 25 / Section 36-25-10
Employment of inspectors and assistants
Status: in_force

The commission may employ inspectors and assistants as it deems necessary to administer and enforce the provisions of this chapter.

Source: SL 1970, ch 222, § 2 (4); revised pursuant to SL 1973, ch 23; SL 2015, ch 260, § 5.
S.D. Codified Laws § 36-19-32 — SD Code / Title 36 / Chapter 19 / Section 36-19-32
Funeral establishment--Transfer or cessation
Status: in_force

The holder of any funeral establishment license who transfers the location of the establishment, ceases to operate the establishment, or transfers the license to another, shall, within five days thereafter, notify the board. If the location is transferred, the transferee shall provide to the board the name of the individual who is licensed, in accordance with this chapter, and is responsible for all transactions conducted and services performed.

The board may inspect the new location to verify compliance with state law and rules of the board.

Source: SL 1963, ch 154, § 4; SL 2023, ch 137, § 16.
S.D. Codified Laws § 36-9-89 — SD Code / Title 36 / Chapter 9 / Section 36-9-89
Temporary permit for clinical nurse specialist awaiting exam results
Status: in_force

Upon application and payment of the required fee, the board may issue a temporary permit to practice as a clinical nurse specialist to an applicant who has completed an approved program and is awaiting the results of the first examination that the applicant is eligible to take after the permit is issued. The temporary permit shall become invalid upon notification to the applicant of the results of the first examination.

Source: SL 1995, ch 217, § 12.
S.D. Codified Laws § 36-18A-58 — SD Code / Title 36 / Chapter 18A / Section 36-18A-58
Additional remedies
Status: in_force

In lieu of or in addition to any disciplinary remedy provided in § 36-18A-57 or civil remedy provided in § 36-18A-61 , the board may require, as a condition of continued licensure, termination of suspension, reinstatement of license, examination, or release of examination grades, that the person:

(1) Submit to a qualifying review of the person's ability, skills, or quality of work. The person may be required to attend remedial education courses; and

(2) Complete to the satisfaction of the board continuing professional education courses as the board may specify by rule or order, pursuant to chapter 1-26 .

Source: SL 1999, ch 195, § 58.
S.D. Codified Laws § 36-9-64.1 — SD Code / Title 36 / Chapter 9 / Section 36-9-64.1
Fee and expenses for survey of educational institution
Status: in_force

The Board of Nursing shall collect a fee from any institution being surveyed not to exceed one hundred dollars per day plus the actual expenses for any persons conducting the survey.

Source: SL 1976, ch 228, § 54; SDCL Supp, § 36-9-59.1; SL 1979, ch 255, § 65.
S.D. Codified Laws § 36-10-27 — SD Code / Title 36 / Chapter 10 / Section 36-10-27
Application for licensure--Fee--Promulgation of rules
Status: in_force

A person seeking licensure to practice physical therapy in this state shall:

(1) File an application with the State Board of Physical Therapy;

(2) Submit an application fee in an amount established by the board, in rule pursuant to chapter 1-26 , but not exceeding three hundred dollars;

(3) Present evidence satisfactory to the board that the applicant is of good moral, ethical, and professional character;

(4) Present evidence satisfactory to the board that the applicant has graduated from a physical therapy program accredited by an accrediting body recognized by the United States Department of Education or by the Commission on Recognition of Postsecondary Accreditation, or present evidence satisfactory to the board that:

(a) The applicant completed a course of professional instruction equivalent to a program accredited by an accrediting body recognized by the United States Department of Education or the Commission on Recognition of Postsecondary Accreditation; and

(b) The applicant has passed an English proficiency examination approved by the board, or completed two years of secondary or postsecondary education in any educational institution in which the instruction is conducted in English; and

(5) Pass a national examination recognized by the board, with a grade acceptable to the board.

Source: SL 1955, ch 96, § 3; SDC Supp 1960, § 27.09A03; SDCL § 36-10-4; SL 1972, ch 205, § 2; SL 1988, ch 300, § 1; SL 1996, ch 231, § 5; SL 2017, ch 173, § 4; SL 2023, ch 136, § 11; SL 2025, ch 152, § 1.
S.D. Codified Laws § 36-21B-2.2 — SD Code / Title 36 / Chapter 21B / Section 36-21B-2.2
Criminal background checks
Status: in_force

Each applicant for initial certification, licensure, or registration as a state-registered appraiser, state-licensed appraiser, state-certified residential appraiser, or state-certified general appraiser 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 department 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 department all information obtained as a result of the criminal background check. This information must be obtained prior to certification of the applicant. The department may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the department. 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 and the criminal background investigation.

Source: SL 2014, ch 182, § 1; SL 2021, ch 179, § 2.
S.D. Codified Laws § 36-4A-41 — SD Code / Title 36 / Chapter 4A / Section 36-4A-41
Reissuance of canceled, revoked, or suspended license
Status: in_force

Upon application, the board may reissue a license to practice to any person whose licensure has been canceled, suspended, or revoked.

Source: SL 1973, ch 250, § 26; SL 1999, ch 192, § 6; SL 2007, ch 207, § 26.
S.D. Codified Laws § 36-21A-64 — SD Code / Title 36 / Chapter 21A / Section 36-21A-64
License inactive until proof of continuing education provided
Status: in_force

An individual licensee who submits a renewal registration application but does not provide proof of continuing education, as required by § 36-21A-62 , shall be an inactive licensee until proof of such continuing education has been provided to the commission.

Source: SL 1992, ch 273, § 64; SL 2013, ch 177, § 25.
S.D. Codified Laws § 36-4B-15 — SD Code / Title 36 / Chapter 4B / Section 36-4B-15
Medical supervision--Direct and indirect control--Hardship exemption
Status: in_force

Except as otherwise provided in this section, advanced life support personnel must, through the use of direct and indirect control, be supervised by a physician licensed in accordance with chapter 36-4 .

If advanced life support personnel are affiliated with an ambulance service that has been granted a hardship exemption in accordance with chapter 34-11 , the personnel must, through the use of direct and indirect control, be supervised by a:

(1) Physician licensed in accordance with chapter 36-4 ;

(2) Physician assistant licensed in accordance with chapter 36-4A ; or

(3) Nurse practitioner licensed in accordance with chapter 36-9A .

A physician, or a physician assistant or nurse practitioner if the ambulance service has been granted a hardship exemption, must oversee the practice and review the patient care reports of the advanced life support personnel.

Source: SL 1978, ch 269, § 3; SL 2022, ch 144, § 2; SL 2024, ch 153, § 10; SL 2025, ch 150, § 2, eff. Feb. 18, 2025.
S.D. Codified Laws § 36-4-23 — SD Code / Title 36 / Chapter 4 / Section 36-4-23
Advertising and printed material to show type of practice for which licensed--Violation as misdemeanor
Status: in_force

No person practicing any of the healing arts shall use the title "doctor" or any contraction thereof, in connection with his business or profession, or any written or printed material, or in connection with any advertising, unless he add after his name the recognized abbreviation or specification of the branch of the healing art in which he is licensed to practice and is engaged. A violation of this section is a Class 1 misdemeanor.

Source: SL 1949, ch 106, § 13; SDC Supp 1960, § 27.0314; SL 1992, ch 158, § 71.
S.D. Codified Laws § 36-11-16 — SD Code / Title 36 / Chapter 11 / Section 36-11-16
Pharmacist license--Requirements--Application fee--Promulgation of rules--Credit for experience
Status: in_force

The board shall issue a license to practice pharmacy to an individual who:

(1) Submits an application prescribed by the board;

(2) Submits an application fee set by the board through rules promulgated in accordance with chapter 1-26 , but not exceeding thirty-five dollars;

(3) Is of good moral character and temperate habits;

(4) Is not less than eighteen years of age;

(5) Is a graduate of a college of pharmacy recognized and approved by the board;

(6) Has had the necessary experience as determined by the board in the practice of pharmacy under a regularly licensed pharmacist in a pharmacy where physicians' prescriptions are compounded; and

(7) Has passed an examination prescribed by the board.

The board may allow credit for suitable military and research activities in the field of pharmacy as part of the experience requirement.

Source: SDC 1939, § 27.1007; SL 1967, ch 102, § 9; revised pursuant to SL 1972, ch 15, § 4; SL 2020, ch 168, § 7; SL 2025, ch 154, § 7.
S.D. Codified Laws § 36-9A-39 — SD Code / Title 36 / Chapter 9A / Section 36-9A-39
Temporary injunction--Grounds
Status: in_force

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 § 36-9A-38 , may issue a temporary injunction, without notice or bond, enjoining that person from further practice as a certified nurse practitioner or certified nurse midwife.

Source: SL 1979, ch 256, § 29; SL 2017, ch 171, § 42.
S.D. Codified Laws § 36-18A-47 — SD Code / Title 36 / Chapter 18A / Section 36-18A-47
Firm or office to have appropriately licensed person in charge
Status: in_force

Any office physically located and maintained in this state to offer engineering, architectural, land surveying, landscape architectural, petroleum release assessment, or petroleum release remediation services shall have an appropriately licensed person who is regularly employed in that office and who has responsible charge and direct supervision and control of all professional services. No licensee who renders occasional, part-time, or consulting services to or for an office may be designated as the appropriately licensed person in responsible charge for the professional activities of the office unless a schedule is posted at the office for the public's knowledge and filed with and approved by the board stating when the licensee is physically in the office.

Source: SL 1999, ch 195, § 47; SL 2007, ch 219, § 17.
S.D. Codified Laws § 36-1C-8 — SD Code / Title 36 / Chapter 1C / Section 36-1C-8
Response to formal complaint
Status: in_force

The applicant or licensee shall file an answer with the administrator within twenty calendar days after service of the complaint admitting, denying, qualifying, or explaining all facts alleged in the formal complaint and all defenses of the applicant or licensee or mitigating factors.

Source: SL 2021, ch 168, § 8.
S.D. Codified Laws § 36-18A-43 — SD Code / Title 36 / Chapter 18A / Section 36-18A-43
Request for inactive or retired status--Fee
Status: in_force

Any licensed person may request that the person's license be placed on inactive or retired status. A fee, not to exceed two hundred dollars, to place files on inactive or retired status shall be determined by the board in rules promulgated pursuant to chapter 1-26 . Failure to render any fees required for inactive or retired status shall result in the automatic termination of inactive or retired status. The request for files to be placed on inactive or retired status may be denied by the board. No person may practice or offer to practice while that person's files are inactive or retired.

Source: SL 1999, ch 195, § 43; SL 2009, ch 184, § 8.
S.D. Codified Laws § 36-26-27 — SD Code / Title 36 / Chapter 26 / Section 36-26-27
Failure to renew as forfeiture of license--Restoration upon application and payment of fee
Status: in_force

Failure of a licensee to renew his license on or before the first day of July of the year of expiration shall constitute a forfeiture of such license; provided, however, that any person who has so forfeited his license under this chapter may have the same restored to him by making written application therefor and by payment of the renewal fee for the current term.

Source: SL 1975, ch 22, § 23.
S.D. Codified Laws § 36-4A-8 — SD Code / Title 36 / Chapter 4A / Section 36-4A-8
License--Issuance--Qualifications
Status: in_force

The board may grant a license to an applicant who:

(1) Is of good moral character;

(2) Has completed an educational program for physician assistants accredited by the Accreditation Review Commission on Education for the Physician Assistant or its successor agency, or, prior to 2001, either by the Committee on Allied Health Education and Accreditation or the Commission on Accreditation of Allied Health Education Programs;

(3) Has passed the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants ;

(4) Has submitted verification that the applicant is not subject to any disciplinary proceeding or pending complaint before any medical or other licensing board, or has notified the board of a disciplinary proceeding or pending complaint and the board, after consideration, agrees to licensure; and

(5) Has:

(a) Filed an affidavit with the board attesting to the completion of at least six thousand practice hours; or

(b) Entered into a collaborative agreement, as provided for in this chapter.

Source: SL 1973, ch 250, § 12; SL 1982, ch 273, § 2; SL 1999, ch 192, § 2; SL 2007, ch 207, § 6; SL 2025, ch 149, § 7.
S.D. Codified Laws § 36-11-41 — SD Code / Title 36 / Chapter 11 / Section 36-11-41
Pharmacy license--Operational requirements--Promulgation of rules
Status: in_force

A pharmacy licensed by the board must:

(1) Be equipped with the pharmaceutical instruments and utensils prescribed by the board in rules promulgated in accordance with chapter 1-26 ;

(2) Possess a stock of pharmaceuticals adequate to serve the needs of the community in which the pharmacy is located;

(3) Have on file at all times the publications and supplements of formularies and drug information prescribed by the board, by rules promulgated pursuant to chapter 1-26 ; and

(4) Be maintained and operated in a clean and sanitary condition, free from unhealth, foreign, or injurious contamination.

Source: SDC 1939, § 27.1015 as added by SL 1943, ch 105; SL 1953, ch 122; SL 1967, ch 102, § 15; SL 1987, ch 271; SL 2003, ch 204, § 1; SL 2025, ch 154, § 26.
S.D. Codified Laws § 36-2-21 — SD Code / Title 36 / Chapter 2 / Section 36-2-21
Department authorized to process waiver requests for international medical graduates
Status: in_force

The Department of Health may establish a program for processing waiver requests for international medical graduates.

Source: SL 2001, ch 198, § 1.
S.D. Codified Laws § 36-4A-30 — SD Code / Title 36 / Chapter 4A / Section 36-4A-30
Responsibility for care
Status: in_force

A physician assistant is professionally and legally responsible for the care that the physician assistant provides.

Source: SL 1973, ch 250, § 3; SL 2007, ch 207, § 18; SL 2025, ch 149, § 15.
S.D. Codified Laws § 36-31-24 — SD Code / Title 36 / Chapter 31 / Section 36-31-24
Violation of chapter as misdemeanor
Status: in_force

Any person who violates any provision of this chapter is, upon conviction, guilty of a Class 2 misdemeanor.

Source: SL 1986, ch 323, § 24.
S.D. Codified Laws § 36-12-5.1 — SD Code / Title 36 / Chapter 12 / Section 36-12-5.1
Lay member of board--Appointment and term of office
Status: in_force

The membership of the Board of Veterinary Medical Examiners shall include one lay member who is a user of the services regulated by the board. The term lay member who is a user refers to a person who is not licensed by the board but where practical uses the service licensed, and the meaning shall be liberally construed to implement the purpose of this section. The lay member shall be appointed by the Governor and shall have the same term of office as other members of the board.

Source: SL 1973, ch 2, § 58.
S.D. Codified Laws § 36-16-16 — SD Code / Title 36 / Chapter 16 / Section 36-16-16
Persons exempt from license requirement
Status: in_force

The following persons are not required to hold an electrician's license:

(1) An employee of a utility engaged in the manufacture and distribution of electrical energy if engaged in work directly pertaining to the manufacture and distribution of electrical energy, or a person that is engaged in work pertaining directly to such services if the work is designed, supervised, or installed by a person qualified in the work being done. This exemption terminates at the first point of service attachment, except for the installing or testing of electric meters and measuring devices and the maintenance of their service;

(2) An employee of telephone, telegraph, radio and television communication services and pipelines, or a person that is engaged in work pertaining directly to such services if the work is designed, supervised or installed by a person qualified in the work being done;

(3) A person doing electrical work on automotive equipment, on equipment in a mine, ship, railway, or rolling stock, or on equipment in a packing plant supervised and regulated by the Department of Agriculture and Natural Resources;

(4) A person replacing a lamp and connection of a portable electrical device to a suitable receptable that has been permanently installed;

(5) A radio and appliance service repair department;

(6) A person doing maintenance on an oil burner and on a space heater where installation of same has been effected by a Class B or journeyman electrician in accordance with this chapter;

(7) An architect, designer, or engineer engaged in the planning and laying out of electrical work;

(8) An employee of an electrical utility engaged in the installation and maintenance of utility street lighting, traffic signal devices or electric utility-owned security lights or persons or companies when engaged in work pertaining directly to such services, if the work is designed, supervised, or installed by a person qualified in the work being done; or

(9) An employee of an alarm and communications company or service when wiring an alarm or communications system where the system is classified as power limited class 2 or class 3 signaling circuits, power limited fire protective signaling circuits, class 2 or class 3 alarm circuits, or communications circuits or systems; or a person or a company when engaged in work pertaining directly to such wiring, if the work is designed, supervised, or installed by a person qualified in the work being done.

Source: SL 1963, ch 216, § 12; SL 1965, ch 152, § 1; SL 1986, ch 315, § 5; SL 1988, ch 302; SL 1989, ch 327; SL 1991, ch 308, § 6; SL 2011, ch 179, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021; SL 2021, ch 177, § 5.
S.D. Codified Laws § 36-9-38.1 — SD Code / Title 36 / Chapter 9 / Section 36-9-38.1
Temporary permit for licensed practical nursing pending examination--Practice under supervision required
Status: in_force

Upon application and payment of the required fee the Board of Nursing may issue a temporary permit to practice as a licensed practical nurse to an applicant who has completed an approved program and is awaiting the results of the first examination she is eligible to take after the permit is issued. The permit shall become invalid upon notification to the applicant of the results of the first examination. The holder of a temporary permit may practice only under the supervision of a registered nurse.

Source: SL 1974, ch 248, § 3; SL 1975, ch 234, § 4; SL 1976, ch 228, § 27; SL 1979, ch 255, § 33.
S.D. Codified Laws § 36-21A-75 — SD Code / Title 36 / Chapter 21A / Section 36-21A-75
Closing statements to be furnished by brokers
Status: in_force

The listing broker shall furnish a closing statement to the seller. The selling broker shall furnish a closing statement to the buyer.

Source: SL 1992, ch 273, § 75; SL 1998, ch 237, § 1.
S.D. Codified Laws § 36-15-2.2 — SD Code / Title 36 / Chapter 15 / Section 36-15-2.2
License required for practice of esthetics--Practices constituting esthetics
Status: in_force

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

(1) Beautifying, massaging, cleansing, exfoliating, stimulating, or applying oils, creams, cosmetic preparations, make - up, facial treatments, body treatments, body wraps, antiseptics, scrubs, clays, lotions, masks, waxes, or other preparations for the noninvasive care of the skin. For purposes of this subdivision, noninvasive means confined to the nonliving cells of the stratum corneum of the epidermis. Such practices shall be in a superficial mode and not for the treatment of medical disorders, and living cells may never be altered, cut, or damaged;

(2) Grooming or applying eyebrows or eyelashes, including arching and tinting; or

(3) Removing superfluous hair by nonpermanent means, including tweezing and waxing.

Esthetics does not include scalp treatments or scalp massage.

Source: SL 2003, ch 202, § 5.
S.D. Codified Laws § 36-19-6 — SD Code / Title 36 / Chapter 19 / Section 36-19-6
State Board of Funeral Service--Meetings
Status: in_force

The board shall meet at least twice each year, at a time and place established by the board, and may hold additional meetings at the call of the president or at the request of a majority of the board.

Source: SDC 1939, § 27.1404; SL 1963, ch 154, § 2; SL 1999, ch 196, § 1; SL 2023, ch 137, § 3.
S.D. Codified Laws § 36-4-1 — SD Code / Title 36 / Chapter 4 / Section 36-4-1
State Board of Medical Examiners--Appointment and terms of members--Vacancies
Status: in_force

The State Board of Medical and Osteopathic Examiners, hereinafter called the Board of Examiners, consists of:

(1) Nine physicians licensed in accordance with this chapter;

(2) One physician assistant licensed in accordance with chapter 36-4A ;

(3) One emergency medical services personnel licensed in accordance with chapter 36-4B ;

(4) One respiratory care practitioner licensed in accordance with chapter 36-4C ;

(5) One nutritionist or dietician licensed in accordance with chapter 36-10B ;

(6) One athletic trainer licensed in accordance with chapter 36-29 ;

(7) One occupational therapist or occupational therapy assistant licensed in accordance with chapter 36-31 ;

(8) One genetic counselor licensed in accordance with chapter 36-36 ; and

(9) One individual who is a representative of the public.

The Governor shall appoint each member of the board. The term of office for each member is three years. A member's term begins on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The member's term expires on October thirtieth in the third year of appointment.

No member may serve more than three consecutive, full terms. An appointment to an unexpired term is not considered a full term. Each member shall hold office until a successor is appointed and qualified. The Governor shall appoint a new member to fill any vacancy on the board. The Governor may stagger terms to enable the board to have different terms expire each year.

Source: SL 1949, ch 106, § 1; SDC Supp 1960, § 27.0301; SL 1969, ch 105, § 1; revised pursuant to SL 1973, ch 2, § 58; SL 2005, ch 199, § 1; SL 2012, ch 16, § 15; SL 2013, ch 176, § 9; SL 2024, ch 152, § 1.
S.D. Codified Laws § 36-6A-48 — SD Code / Title 36 / Chapter 6A / Section 36-6A-48
Issuance or renewal of license
Status: in_force

The board shall, upon applicant's satisfactory completion of the educational requirements and written, laboratory and clinical examinations authorized pursuant to this chapter and upon receipt of the requisite fees, issue or renew the appropriate license to practice as a dentist or dental hygienist.

Source: SL 1981, ch 275, § 19; SL 1992, ch 269, § 38; SL 2015, ch 199, § 56.
S.D. Codified Laws § 36-25-19.1 — SD Code / Title 36 / Chapter 25 / Section 36-25-19.1
Plumbing inspection fee--Late fee--Fee for additional inspections--Promulgation of rules
Status: in_force

Any person who is responsible for the installation of plumbing work must pay a plumbing inspection fee. The plumbing inspection fee must be the sum of a plumbing installation certificate fee plus a plumbing permit fee. The commission shall promulgate rules, in accordance with chapter 1-26 , to establish the plumbing permit fee, the plumbing installation certificate fee, and an administrative late fee for failure to file with the commission the plumbing installation certificate prior to commencing plumbing work.

The plumbing permit fee for a single-family dwelling unit may not exceed one hundred twenty-five dollars. The plumbing permit fee for a multiple-dwelling unit or a public building may not exceed three hundred twenty-five dollars. The plumbing installation certificate fee may not exceed twenty-five dollars. The administrative late fee may not exceed two hundred dollars.

The number of inspections for each permit is limited to three inspections. The commission may charge a fee that may not exceed one hundred dollars per additional inspection in excess of the three inspections.

Source: SL 2003, ch 207, § 2; SL 2008, ch 191, § 56; SL 2014, ch 185, § 2; SL 2019, ch 172, § 2; SL 2025, ch 163, § 2.
S.D. Codified Laws § 36-4-16 — SD Code / Title 36 / Chapter 4 / Section 36-4-16
Return of fee on withdrawal of application or failure to examine
Status: in_force

The Board of Examiners shall be authorized to return the examination fee in any case where the applicant has withdrawn his application prior to the date fixed for the examination, or where the board for any reason fails to examine an applicant through no fault on his part, but this section shall not apply where a license has been revoked.

Source: SDC 1939, § 27.0312; SL 1949, ch 106, § 15; SDC Supp 1960, § 27.0316.
S.D. Codified Laws § 36-11-32 — SD Code / Title 36 / Chapter 11 / Section 36-11-32
Pharmacy license--Pharmacist-in-charge designation--Fee--Promulgation of rules
Status: in_force

The board may issue a pharmacy license only to:

(1) A pharmacist who is the owner, or part owner, of the merchandise and fixtures of the place of business for which the pharmacy license is applied for, provided:

(a) The pharmacist will serve as the pharmacist-in-charge; or

(b) The pharmacist has submitted an affidavit, on a form prescribed by the board, delegating complete responsibility for the pharmaceutical services in the place of business to another pharmacist-in-charge; or

(2) A non-pharmacist owner of the merchandise and fixtures of the place of business for which the pharmacy license is applied for, provided the owner has submitted an affidavit on a form prescribed by the board delegating complete responsibility for the pharmaceutical services in the place of business to a pharmacist-in-charge.

The applicant for the pharmacy license shall submit a form prescribed by the board and pay a fee, not to exceed two hundred dollars, set by the board in rules promulgated in accordance with chapter 1-26 .

Source: SDC 1939, § 27.1015; SL 1943, ch 105; SL 1953, ch 122; SL 1967, ch 102, § 15; SL 1975, ch 236; SL 1984, ch 251; SL 2008, ch 191, § 27; SL 2025, ch 154, § 18; SL 2026, ch 158, § 3.
S.D. Codified Laws § 36-21A-9 — SD Code / Title 36 / Chapter 21A / Section 36-21A-9
Inactive license defined
Status: in_force

For the purposes of this chapter, an inactive license is any license that has been placed on inactive status for any of the following reasons:

(1) At the request of the licensee;

(2) Failure to designate a responsible broker;

(3) Cessation of being associated with a responsible broker or a licensed firm;

(4) Failure to notify the commission of a change of registered address;

(5) Failure of the licensee's responsible broker to maintain an active license;

(6) Failure to provide proof of errors and omissions insurance upon renewal;

(7) Failure of a nonresident real estate salesperson, who establishes residency in South Dakota, to successfully complete the education requirement for upgrade to broker associate within the prescribed timeframe; or

(8) Failure to provide proof of the necessary hours of continuing education.

No licensee whose license is on inactive status may perform any of the actions enumerated within this chapter prior to reactivation of the inactive license.

Source: SL 1992, ch 273, § 9; SL 2013, ch 177, § 5.
S.D. Codified Laws § 36-4B-28 — SD Code / Title 36 / Chapter 4B / Section 36-4B-28
Suspension on failure to renew license--Reinstatement
Status: in_force

The board shall suspend any license not renewed within the time required, as set forth in § 36-4B-26 .

The board may reinstate a license, during the twelve-month period following the date of expiration, upon receiving proof that the person who held the license:

(1) Complied with the requirements set forth in § 36-4B-26 ; and

(2) Paid the reinstatement fee established by the board pursuant to § 36-4B-29 .

Source: SL 1978, ch 269, § 28; SL 1992, ch 268, § 16; SL 2024, ch 153, § 24.
S.D. Codified Laws § 36-26-23 — SD Code / Title 36 / Chapter 26 / Section 36-26-23
Expiration and renewal of licenses--Renewal fee
Status: in_force

All licenses issued by the board shall expire on the first day of January of the second year succeeding the issuance thereof. A license may be renewed every two years upon the payment of a fee to be fixed by the board.

Source: SL 1975, ch 22, § 23.
S.D. Codified Laws § 36-26-30 — SD Code / Title 36 / Chapter 26 / Section 36-26-30
Social worker-client privilege--Exceptions
Status: in_force

No licensed certified social worker, social worker, or social work associate or his employee may disclose any information he may have acquired from persons consulting him in his professional capacity that was necessary to enable him to render services in his professional capacity to those persons except:

(1) With the written consent of the person or persons or, in the case of death or disability, of his own personal representative, other person authorized to sue, or the beneficiary of an insurance policy on his life, health, or physical condition;

(2) That a licensed certified social worker, licensed social worker, or licensed social work associate shall not be required to treat as confidential a communication that reveals the contemplation of a crime or a harmful act;

(3) When the person is a minor under the laws of this state and the information acquired by the licensed certified social worker, licensed social worker, or licensed social work associate indicated that the minor was the victim or subject of a crime, the certified social worker, the social worker, or the social work associate may be required to testify fully in any examination, trial, or other proceeding in which the commission of such a crime is the subject of inquiry;

(4) When the person waives the privilege by bringing charges against the licensed certified social worker, social worker, or social work associate.

Source: SL 1975, ch 22, § 41.
S.D. Codified Laws § 36-21A-111 — SD Code / Title 36 / Chapter 21A / Section 36-21A-111
Order for payment from recovery fund
Status: in_force

If the court finds after the hearing that the claim should be levied against the portion of the fund allocated for the purpose of recovery of unsatisfied judgments, the court shall enter an order directed to the commission requiring payment from the fund in the amount payable upon the claim.

Source: SL 1992, ch 273, § 111.
S.D. Codified Laws § 36-14-5 — SD Code / Title 36 / Chapter 14 / Section 36-14-5
Employment of personnel by board
Status: in_force

The Board of Barber Examiners may employ inspectors, clerks, and other assistants, as the board deems necessary to carry out the provisions of this chapter.

Source: SDC 1939, § 27.1605; SL 1964, ch 88, § 1; SL 1968, ch 117, § 1; revised pursuant to SL 1973, ch 23; SL 2015, ch 260, § 3.
S.D. Codified Laws § 36-11A-1.4 — SD Code / Title 36 / Chapter 11A / Section 36-11A-1.4
Transaction statement defined
Status: in_force

As used in this chapter, the term, transaction statement, means a statement, in paper or electronic form, that the entity transferring ownership in a transaction:

(1) Is authorized under federal law;

(2) Received the product from a person who is authorized as required under federal law;

(3) Received the transaction information and transaction statement from the prior owner of the product, as required by federal law;

(4) Did not knowingly ship a suspect or illegitimate product;

(5) Had systems and processes in place to comply with verification requirements outlined in federal law;

(6) Did not knowingly provide false transaction information; and

(7) Did not knowingly alter the transaction history.

Source: SL 2017, ch 174, § 5.
S.D. Codified Laws § 36-1C-15 — SD Code / Title 36 / Chapter 1C / Section 36-1C-15
Action on petition
Status: in_force

Upon receipt of the petition, the administrator may request from the petitioner any information that may be required for the issuance of its ruling. At the agency's next regularly scheduled meeting following the receipt of the petition or following receipt of requested information, or within ninety days, whichever is shorter, the agency shall issue its declaratory ruling and serve a copy of it by mail or electronic mail upon the petitioner.

Source: SL 2021, ch 168, § 15.
S.D. Codified Laws § 36-31-5 — SD Code / Title 36 / Chapter 31 / Section 36-31-5
Limited permit--Duration--Renewal
Status: in_force

The board may grant a limited permit to any person who has completed the education and experience requirements of this chapter. This permit allows the person to practice occupational therapy under the supervision of or in consultation with a licensed occupational therapist. This permit is valid until the person is issued a license under § 36-31-10 , or until the results of the examination taken by the person are available to the board. If the person fails the examination, the permit expires.

Source: SL 1986, ch 323; SL 2004, ch 251, § 1.
S.D. Codified Laws § 36-1C-7 — SD Code / Title 36 / Chapter 1C / Section 36-1C-7
Formal complaint
Status: in_force

If an alleged violation has probable cause constituting grounds for disciplinary action, the legal counsel for the agency may commence formal proceedings by serving a formal complaint by mail or electronic mail upon the applicant or licensee complained against.

The formal complaint must include the name of the applicant or licensee complained against, and a statement of facts setting forth the nature of the violations being charged that constitute grounds for disciplinary action.

Source: SL 2021, ch 168, § 7.
S.D. Codified Laws § 36-8-2.1 — SD Code / Title 36 / Chapter 8 / Section 36-8-2.1
Lay member of board--Appointment and term of office
Status: in_force

The membership of the Board of Podiatry Examiners shall include one lay member who is a user of the services regulated by the board. The term lay member who is a user refers to a person who is not licensed by the board but where practical uses the service licensed, and the meaning shall be liberally construed to implement the purpose of this section. The lay member shall be appointed by the Governor and shall have the same term of office as other members of the board.

Source: SL 1973, ch 2, § 58.
S.D. Codified Laws § 36-4C-6 — SD Code / Title 36 / Chapter 4C / Section 36-4C-6
Medical practice not authorized
Status: in_force

Nothing in this chapter may be construed to permit the practice of medicine.

Source: SL 1993, ch 273, § 6.
S.D. Codified Laws § 36-27A-38 — SD Code / Title 36 / Chapter 27A / Section 36-27A-38
Confidentiality of psychologist-patient relationship and communications
Status: in_force

The confidential relations and communications between a licensed psychologist and a person consulting him in his professional capacity are confidential. Nothing in this chapter may be construed as to require those privileged communications to be disclosed; nor may a psychologist's secretary, stenographer or clerk be examined without the consent of his employer concerning any fact, the knowledge of which he has acquired in such capacity.

Source: SL 1981, ch 281, § 39.
S.D. Codified Laws § 36-26-9 — SD Code / Title 36 / Chapter 26 / Section 36-26-9
Board of examiners within Department of Social Services--Exercise of functions--Records and reports
Status: in_force

The Board of Social Work Examiners shall be within the Department of Social Services, and shall exercise all its prescribed functions, including administrative functions. The board shall submit such records, information and reports in the form and at such times as required by the secretary of social services, and the board shall also report annually.

Source: SL 1975, ch 22, § 8; SL 2003, ch 272 (Ex. Ord. 03-1), § 46; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 36-9C-22 — SD Code / Title 36 / Chapter 9C / Section 36-9C-22
Denial, revocation, or suspension for misconduct
Status: in_force

The board may deny, revoke, or suspend any license or application for licensure to practice as a certified professional midwife or certified professional midwife student in this state, and may take such other disciplinary or corrective action as the board deems appropriate upon proof that the license holder or applicant has:

(1) Committed fraud, deceit, or misrepresentation in procuring or attempting to procure a license;

(2) Aided or abetted an unlicensed person to practice as a certified professional midwife;

(3) Engaged in practice as a certified professional midwife under a false or assumed name and failed to register that name pursuant to chapter 37-11 , or impersonated a license holder of a like or different name;

(4) Committed an alcohol or drug related act or offense that interferes with the ability to practice midwifery safely;

(5) Negligently, willfully, or intentionally acted in a manner inconsistent with the health and safety of those entrusted to the license holder's care;

(6) Had authorization to practice as a certified professional midwife denied, revoked, or suspended or had other disciplinary action taken in another state;

(7) Practiced in this state as a certified professional midwife without a valid license;

(8) Engaged in the performance of certified professional midwifery beyond the scope of practice authorized by § 36-9C-13 ;

(9) Violated any provision of this chapter or rule promulgated pursuant to this chapter;

(10) Been convicted of a felony. The conviction of a felony means a conviction of any offense which, if committed in this state, would constitute a felony under state law; or

(11) Engaged in substandard, unprofessional, or dishonorable conduct.

Source: SL 2017, ch 172, § 22.
S.D. Codified Laws § 36-11-47.1 — SD Code / Title 36 / Chapter 11 / Section 36-11-47.1
Posting of prescription drug prices authorized--Rules and regulations
Status: in_force

The posting of prescription drug prices upon the premises of a duly licensed pharmacy department is hereby specifically authorized and shall not constitute "advertising of prescription prices" within the meaning of this chapter when performed in accordance with such rules and regulations as may be adopted by the State Board of Pharmacy to provide consumers with comparative pricing information.

Source: SL 1973, ch 244, § 5.
S.D. Codified Laws § 36-9-69 — SD Code / Title 36 / Chapter 9 / Section 36-9-69
Single act as proof of violation
Status: in_force

It shall be necessary to prove in any prosecution for any violation of this chapter only a single act prohibited by law or a single holding out or an attempt without proving a general course of conduct in order to constitute a violation.

Source: SL 1955, ch 91, § 11; SDC Supp 1960, § 27.9955; SL 1967, ch 101, § 12.
S.D. Codified Laws § 36-9-58 — SD Code / Title 36 / Chapter 9 / Section 36-9-58
Approval by board of curricula and educational standards
Status: in_force

The board may approve curricula and standards for educational programs preparing persons for licensure under this chapter.

Source: SL 1947, ch 123, § 3; SL 1949, ch 109, § 3; SL 1955, ch 91, § 3; SDC Supp 1960, § 27.0903 (3) (b); SL 1967, ch 101, § 3 (3) (b); SDCL § 36-9-58.1 ; SL 1972, ch 204, § 4; SL 1976, ch 228, § 43; SL 1980, ch 255; SL 1986, ch 307, § 34; SL 2016, ch 194, § 37.
S.D. Codified Laws § 36-15-48.1 — SD Code / Title 36 / Chapter 15 / Section 36-15-48.1
Curriculum hours applicable to other apprentice program
Status: in_force

A licensed apprentice who has completed hours in cosmetology, esthetics, or nail technology may apply the completed hours towards meeting the curriculum requirements of another apprentice program if the completed hours meet the requirements of the other program.

Source: SL 2024, ch 157, § 7.
S.D. Codified Laws § 36-27A-21 — SD Code / Title 36 / Chapter 27A / Section 36-27A-21
Application for license--Forms--Verification--Fee--Supporting evidence
Status: in_force

In applying for licensing, an applicant shall apply on forms prescribed by the Board of Examiners of Psychologists. The board shall require that the application be verified by a notary public. The license fee shall accompany the application. The board shall require each applicant to give evidence of the quality, scope, and nature of the applicant's experience and education. The application and all supporting evidence shall be public record as provided in chapter 1-27 .

Source: SL 1976, ch 235, § 25; SDCL Supp, § 36-27-24; SL 1981, ch 281, § 21.
S.D. Codified Laws § 36-37-15 — SD Code / Title 36 / Chapter 37 / Section 36-37-15
Speech language pathologists--Requirements for licensure--Form--Promulgation of rules
Status: in_force

The board shall issue a speech-language pathologist license to a person who:

(1) Submits an application on a form prescribed by the board in rules promulgated in accordance with chapter 1-26 ;

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

(3) Holds a current, unrestricted license from a state with substantially equivalent licensure standards, or a Certificate of Clinical Competence in Speech-Language Pathology from the American Speech-Language-Hearing Association; and

(4) Has not committed any act that constitutes grounds for refusal, suspension, or revocation of a license.

Source: SL 2012, ch 196, § 15; SL 2023, ch 141, § 10.
S.D. Codified Laws § 36-21A-48 — SD Code / Title 36 / Chapter 21A / Section 36-21A-48
Exemption from property manager's license for operators of state and federal housing units
Status: in_force

A person who has contracted with the South Dakota Housing Development Authority or the United States to operate housing units or has contracted with the United States in a subsidy program on behalf of the tenants is exempt from obtaining a property manager's license to manage those properties.

Source: SL 1992, ch 273, § 48.
S.D. Codified Laws § 36-4B-16.1 — SD Code / Title 36 / Chapter 4B / Section 36-4B-16.1
Permitted practice--Emergency medical technician-intermediate/85
Status: in_force

An emergency medical technician - intermediate/85 may:

(1) Respond to, assess, and triage non-urgent, 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 equipment typically found in an ambulance;

(4) Perform intravenous cannulation for shock management; and

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

Source: SL 1987, ch 268, § 4; SL 1992, ch 268, § 12; SL 2003, ch 198, § 5; SL 2024, ch 153, § 12.
S.D. Codified Laws § 36-8-15 — SD Code / Title 36 / Chapter 8 / Section 36-8-15
Fee for annual renewal--Duration of renewal
Status: in_force

The fee for annual license renewal of a podiatrist may not exceed five hundred dollars, as promulgated by rule, pursuant to chapter 1-26 , by the Board of Podiatry Examiners. Each license renewal shall remain in full force and effect for one year, unless a different time is fixed by rule promulgated, pursuant to chapter 1-26 , by the Board of Podiatry Examiners.

Source: SDC 1939, §§ 27.0803, 27.0807; SL 1959, ch 131, §§ 4, 8; SL 1971, ch 214, § 3; SL 1979, ch 254, § 3; SL 2008, ch 191, § 18; SL 2018, ch 228, § 8.
S.D. Codified Laws § 36-9-78 — SD Code / Title 36 / Chapter 9 / Section 36-9-78
Qualification criteria for education assistance scholarship
Status: in_force

To qualify for the nurses' education assistance scholarship program the applicant shall meet the following criteria:

(1) Be a citizen of the United States and a South Dakota resident for a minimum of one year immediately preceding the date of application;

(2) Meet the criteria established by the South Dakota Board of Nursing;

(3) Be accepted into a board approved nursing education program for licensed practical nurses or registered nurses whether leading to initial licensure or degree enhancement; and

(4) Have or maintain a satisfactory grade for progression in the nursing education program as determined by the faculty of the institution.

Source: SL 1989, ch 325, § 3; SL 2014, ch 180, § 7.
S.D. Codified Laws § 36-21A-61 — SD Code / Title 36 / Chapter 21A / Section 36-21A-61
Biennial registration--Cancellation upon failure to register
Status: in_force

A licensee, either active or inactive, shall register every two years with the commission and pay a fee set by rule promulgated by the commission pursuant to chapter 1-26 not to exceed two hundred dollars. The application for renewal of a license shall be made to the commission by November thirtieth of the year the current license expires. Failure of a person or firm to register results in the expiration of the license on December thirty-first.

Source: SL 1992, ch 273, § 61; SL 1994, ch 306, § 1; SL 2002, ch 181, § 3; SL 2008, ch 191, § 46; SL 2013, ch 177, § 23.
S.D. Codified Laws § 36-35-6 — SD Code / Title 36 / Chapter 35 / Section 36-35-6
Quorum--Majority vote
Status: in_force

Three board members present at any meeting constitute a quorum. No board action may occur unless approved by a majority vote of the entire board.

Source: SL 2005, ch 206, § 6.
S.D. Codified Laws § 36-25-16 — SD Code / Title 36 / Chapter 25 / Section 36-25-16
Local regulations permitted--Minimum standards--Plumbing by registrant pending municipal permit
Status: in_force

Nothing in this chapter shall prohibit any municipality by ordinance from making and enforcing requirements and standards regarding plumbing, and from making inspections and collecting fees relating thereto. Any such ordinances shall be deemed the applicable standards as to any plumbing work in such municipality, provided that the standards as contained in such ordinances meet the minimum standards of the State Plumbing Code as adopted by the commission, and that any person registered by the commission may do plumbing work in such municipality for a period of six months following application for a permit or license in said municipality.

Source: SL 1970, ch 222, § 15; SL 1977, ch 304, § 2.
S.D. Codified Laws § 36-1C-22 — SD Code / Title 36 / Chapter 1C / Section 36-1C-22
Prior compact or agreement valid--Adverse action permitted--Background checks required
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 or occupation. Nothing in this chapter may be construed to limit or change any basis for an agency or administrator, in statute or administrative rule, to take adverse action against an applicant or licensee not based on the criminal history of an applicant or licensee as provided in this chapter. Nothing in this chapter may be construed to supersede any authority for an agency to require an applicant or licensee to submit to a background check.

Source: SL 2024, ch 150, § 7.
S.D. Codified Laws § 36-16-36 — SD Code / Title 36 / Chapter 16 / Section 36-16-36
Civil liability for damages and injuries unaffected--Public liability not created
Status: in_force

This chapter shall not be construed to relieve from or reduce the responsibility or liability of any party owning, operating, controlling, installing, altering, or repairing any electrical system or equipment for damages or injuries to persons or property nor shall the state nor any of its political subdivisions be held as assuming any liability by reason of any of the provisions of this chapter.

Source: SL 1963, ch 216, § 16.
S.D. Codified Laws § 36-11-38 — SD Code / Title 36 / Chapter 11 / Section 36-11-38
Death of pharmacist-in-charge--Time for transfer
Status: in_force

In the event of the death of the pharmacist-in-charge, the pharmacy license issued under this chapter shall, within one hundred twenty days after the date of death or on June thirtieth, whichever is sooner, become null and void, unless the designation of the pharmacist-in-charge is changed as provided in § 36-11-37 .

Source: SDC 1939, § 27.1015 as added by SL 1943, ch 105; SL 1953, ch 122; SL 1967, ch 102, § 15; SL 2025, ch 154, § 24; SL 2026, ch 158, § 7.
S.D. Codified Laws § 36-8-4 — SD Code / Title 36 / Chapter 8 / Section 36-8-4
Monthly payment of receipts into treasury--Special account--Continuous appropriation--Expense not to exceed collections
Status: in_force

All money coming into the custody of the Board of Podiatry Examiners each calendar month 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 money to the South Dakota Board of Podiatry Examiners account of the general fund, which account is hereby created. The money in the account is hereby continuously appropriated to the board for the purpose of paying the expense of administering and enforcing the provisions of this chapter. The total expense incurred shall not exceed the total money collected by the board under the provisions of this chapter.

Source: SDC 1939, § 27.0809; SL 1979, ch 254, § 4.
S.D. Codified Laws § 36-15-13.2 — SD Code / Title 36 / Chapter 15 / Section 36-15-13.2
Continuing education for licensees--Commission authorized to adopt rules--Scope
Status: in_force

The commission may adopt rules pursuant to chapter 1-26 pertaining to continuing education for licensees on health issues, safety issues, and services that require the use of chemicals or electrical or mechanical apparatus. The commission may provide, by rule promulgated pursuant to chapter 1-26 , the kinds and subjects of education and the number of hours of education required. The commission may also substitute experience in addition to or in lieu of educational requirements. The commission may waive any of the education requirement in case of certified illness or undue hardship. The commission may establish a fee by rules adopted pursuant to chapter 1-26 to cover the cost of verifying the required continuing education. The commission may offer a course and charge a registration fee to cover the costs.

Source: SL 2003, ch 202, § 14.
S.D. Codified Laws § 36-4-11.1 — SD Code / Title 36 / Chapter 4 / Section 36-4-11.1
Criminal background investigation of applicants for licensure and expedited licensure and licensees under disciplinary investigation
Status: in_force

Each applicant for licensure or expedited licensure as a physician 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 Medical and Osteopathic Examiners 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 Medical and Osteopathic Examiners may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the board. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation.

Source: SL 2012, ch 193, § 1; SL 2018, ch 226, § 1, eff. Feb. 5, 2018.
S.D. Codified Laws § 36-4-20.7 — SD Code / Title 36 / Chapter 4 / Section 36-4-20.7
Issuance of resident license--Application--Fee
Status: in_force

The Board of Examiners may issue a resident license to an applicant who is currently enrolled in an accredited residency program. The applicant shall apply using forms prescribed by the board. The application shall be accompanied by an application fee set by the board, by rule promulgated pursuant to chapter 1-26 , not to exceed fifty dollars.

Source: SL 1987, ch 266, § 2; SL 2008, ch 191, § 4; SL 2013, ch 172, § 2.
S.D. Codified Laws § 36-20B-62 — SD Code / Title 36 / Chapter 20B / Section 36-20B-62
Attorney's records, documents customarily prepared in law practice not affected
Status: in_force

Nothing in this chapter prohibits a practicing attorney or firm of attorneys from preparing or presenting records or documents customarily prepared by an attorney or firm of attorneys in connection with the attorney's professional work in the practice of law.

Source: SL 2002, ch 179, § 63.
S.D. Codified Laws § 36-21A-17 — SD Code / Title 36 / Chapter 21A / Section 36-21A-17
Seal of commission
Status: in_force

The commission shall adopt a seal with South Dakota Real Estate Commission engraved thereon, by which it shall authenticate its proceedings.

Source: SL 1992, ch 273, § 17.
S.D. Codified Laws § 36-19-14 — SD Code / Title 36 / Chapter 19 / Section 36-19-14
Funeral activities--License required--Trainee activity permitted
Status: in_force

Except as otherwise provided in this section, a person may not, without being licensed as a funeral director by the board:

(1) Embalm any dead human body;

(2) Practice embalming;

(3) Conduct or supervise funeral services and burials of casketed remains; or

(4) Maintain a funeral establishment in this state.

A trainee may embalm a dead human body and practice embalming, under the supervision of a funeral director licensed by the board.

Source: SDC 1939, § 27.1401; SL 1939, ch 102, § 1; SL 1963, ch 154, § 1; SL 2023, ch 137, § 9; SL 2025, ch 159, § 2.
S.D. Codified Laws § 36-28-18 — SD Code / Title 36 / Chapter 28 / Section 36-28-18
Expiration and renewal of license--Fee
Status: in_force

Each nursing facility administrator license expires on December thirty-first of even-numbered years and is renewable biennially thereafter upon application to the board and payment of a renewal fee set in rule promulgated by the board pursuant to chapter 1-26 . The renewal fee may not exceed five hundred dollars.

Source: SL 1969, ch 113, § 7; SDCL Supp, § 34-12A-18; SL 1986, ch 302, § 108; SL 1991, ch 315; SL 2000, ch 199, § 4; SL 2008, ch 191, § 67; SL 2014, ch 186, § 14.
S.D. Codified Laws § 36-5-4 — SD Code / Title 36 / Chapter 5 / Section 36-5-4
Officers of board--Rules and regulations--Examination of candidates
Status: in_force

The board shall elect annually from its members a president, vice president, and secretary. No member may serve as president more than three consecutive one-year terms. The board may promulgate rules, pursuant to chapter 1-26 , to carry out and make effective the provisions and purposes of this chapter. The board shall examine candidates for license and transact any business that comes before it at least twice annually in June and December of each year, at such times and places as may be designated by the board.

Source: SDC 1939, §§ 27.0502, 27.0503; SL 1939, ch 101, §§ 1, 6; SDC Supp 1960, §§ 27.0501, 27.0506; SL 1975, ch 232, § 4; SL 2021, ch 173, § 7.
S.D. Codified Laws § 36-27A-12.1 — SD Code / Title 36 / Chapter 27A / Section 36-27A-12.1
Provisional license
Status: in_force

The board may issue a provisional license not to exceed twelve months in duration to an applicant who is completing the one-year of supervised postdoctoral psychology practice if the applicant has satisfied the requirements of subdivision 36-27A-12(1), passed a written national standardized examination, and has completed the supervised psychology internship as specified in subdivision 36-27A-12(3).

Source: SL 2000, ch 198, § 1; SL 2008, ch 197, § 6.
S.D. Codified Laws § 36-9A-2.2 — SD Code / Title 36 / Chapter 9A / Section 36-9A-2.2
License to practice of person licensed under laws of other state
Status: in_force

Upon application and payment of the required fee the board may issue a license to practice as a certified nurse practitioner or certified nurse midwife by endorsement to an applicant who has been licensed as a certified nurse practitioner or certified nurse midwife under the laws of another state, territory, or foreign country, if, in the opinion of the board, the applicant meets the qualifications required of a certified nurse practitioner or a certified nurse midwife in this state.

Source: SL 1982, ch 274, § 2; SL 1995, ch 218, § 4; SL 2017, ch 171, § 4.
S.D. Codified Laws § 36-4B-26 — SD Code / Title 36 / Chapter 4B / Section 36-4B-26
License renewal--Requirements
Status: in_force

An initial license issued to emergency medical services personnel in accordance with this chapter expires on April thirtieth in the second calendar year after issuance and every two years thereafter.

In order to renew a license, emergency medical services personnel must submit to the board, prior to the expiration date:

(1) An application for renewal, as prescribed by the board;

(2) The renewal fee in the amount set forth in § 36-4B-29 ; and

(3) Verification of having met the continuing education requirements, as set forth in rules authorized under § 36-4B-35 .

Source: SL 1978, ch 269, § 26; SL 1992, ch 268, § 14; SL 2003, ch 198, § 7; SL 2024, ch 153, § 23.
S.D. Codified Laws § 36-1C-4 — SD Code / Title 36 / Chapter 1C / Section 36-1C-4
Investigation--Dismissal permitted
Status: in_force

Upon completion of the investigation, the investigating committee shall recommend to the agency whether the complaint should be dismissed for lack of probable cause, resolved by informal disposition, or settled by a formal hearing. The failure of an applicant or licensee to comply with the investigation is grounds for denial of the application or disciplinary action.

An agency may allow the investigative committee to dismiss a complaint. Any dismissal by the investigative committee must be reported to the agency at its next scheduled meeting or within thirty days, whichever is shorter.

An investigative committee includes the agency's legal counsel.

Source: SL 2021, ch 168, § 4.
S.D. Codified Laws § 36-21A-66 — SD Code / Title 36 / Chapter 21A / Section 36-21A-66
Late renewal application--Fee
Status: in_force

A licensee who fails to meet the renewal requirements of § 36-21A-61 may file a late registration application and pay a late registration fee in an amount not to exceed twenty dollars for each month or fraction of a month that has passed since November thirtieth. The fee shall be set by the commission by rule promulgated pursuant to chapter 1-26 . No late application may be accepted by the commission after June thirtieth. A licensee may not perform any of the actions enumerated within this chapter prior to the commission renewing the license.

Source: SL 1992, ch 273, § 66; SL 1994, ch 306, § 2; SL 2008, ch 191, § 47; SL 2013, ch 177, § 26.
S.D. Codified Laws § 36-20B-8 — SD Code / Title 36 / Chapter 20B / Section 36-20B-8
Compensation and expenses of board members
Status: in_force

Each member of the board shall be paid an amount established by law for each day or portion thereof spent in the discharge of the member's official duties and shall be reimbursed for the member's expenses incurred in the discharge of the member's official duties in accordance with the schedule adopted by the Board of Finance for state employees.

Source: SL 2002, ch 179, § 9.
S.D. Codified Laws § 36-5-21 — SD Code / Title 36 / Chapter 5 / Section 36-5-21
Ethics committee--Immunity from liability--Conditions--Official immunity unaffected--Promulgation of rules
Status: in_force

The board may act as an ethics committee or may appoint other chiropractors licensed to practice in this state to perform such functions to maintain the professional standards of the board. No monetary liability on the part of, and no cause of action for damages may arise against any member of a duly appointed ethics committee for any act or proceeding undertaken or performed within the scope of the functions of the committee if the committee member acts without malice, has made a reasonable effort to obtain the facts of the matter on which the member acts, and acts in the reasonable belief that the action taken is warranted by the facts as known by the member after a reasonable effort to obtain the facts. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation.

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

(1) The purpose of the ethics committee;

(2) The composition of the ethics committee;

(3) The qualifications of the ethics committee;

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

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

Source: SL 2001, ch 200, § 3; SL 2021, ch 173, § 29.
S.D. Codified Laws § 36-26-32 — SD Code / Title 36 / Chapter 26 / Section 36-26-32
Grounds for denial, revocation, suspension, or cancellation of license
Status: in_force

The board may deny, revoke, suspend, or cancel any license or application for licensure to practice as a certified social worker, social worker, or social work associate and may take such other disciplinary or corrective action as the board deems appropriate upon any one or more of the following grounds:

(1) The licensee or applicant is guilty of fraud in the practice of social work or fraud or deceit in the licensee's admission to the practice of social work;

(2) The licensee or applicant has been convicted during the past five years of a felony. The conviction of a felony shall be the conviction of any offense, which if committed within the State of South Dakota would constitute a felony under the laws thereof;

(3) The licensee or applicant is engaged in the practice of social work 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 is addicted to the use of intoxicating liquors, narcotics or stimulants to such an extent as to incapacitate him or her from the performance of his or her professional duties;

(5) The physical or mental condition of the licensee or applicant is determined by a competent medical examiner to be such as to jeopardize or endanger those who seek relief from the licensee or applicant. A majority of the board may demand an examination of the licensee or applicant by a competent medical examiner selected by the board at the board's expense. If the licensee or applicant fails to submit to the examination, this shall constitute immediate grounds for suspension of the licensee's license or denial of the application for licensure;

(6) The licensee or applicant has been found in violation of the code of ethics of the National Association of Social Workers;

(7) Obtaining or attempting to obtain a license, certificate, or renewal thereof by bribery or fraudulent representation;

(8) Knowingly making a false statement in connection with any application under this chapter;

(9) Knowingly making a false statement on any form promulgated by the board in accordance with this chapter or the rules promulgated under this chapter;

(10) The licensee or applicant has violated any provision of this chapter or the rules promulgated under this chapter; and

(11) Cancellation, revocation, suspension, or refusal to renew a certificate, license, or permit to engage in the practice of social work in any other state for any cause.

Source: SL 1975, ch 22, § 29; SL 2010, ch 195, § 1; SL 2015, ch 200, § 2.
S.D. Codified Laws § 36-9-31.1 — SD Code / Title 36 / Chapter 9 / Section 36-9-31.1
Temporary permit for applicant pending examination--Practice under supervision required
Status: in_force

Upon application and payment of the required fee, the board may issue a temporary permit to practice as a registered nurse to an applicant who has completed an approved program and is awaiting the results of the first examination she is eligible to take after the permit is issued. The permit shall become invalid upon notification to the applicant of the results of the first examination. The holder of such temporary permit may practice only under the supervision of a registered nurse.

Source: SL 1967, ch 101, § 4 (2) (b) as added by SL 1969, ch 109; SL 1975, ch 234, § 2; SL 1976, ch 228, § 20; SL 1979, ch 255, § 22; SL 1986, ch 307, § 19.
S.D. Codified Laws § 36-20B-4 — SD Code / Title 36 / Chapter 20B / Section 36-20B-4
South Dakota Board of Accountancy--Members--Auditor General as ex officio member--Terms--Vacancies--Removal
Status: in_force

The South Dakota Board of Accountancy, which has responsibility for the administration and enforcement of this chapter, consists of six members, all of whom shall be residents of this state. Five members shall be appointed by the Governor for three-year terms. Four of the appointed members shall be holders of active certificates and three of these shall be in the practice of public accountancy. One appointed member shall be a lay member who is not a holder of a certificate under this chapter but shall have had professional or practical experience in the use of accounting services and financial statements, so as to be qualified to make judgments about the qualifications and conduct of persons and firms subject to regulation under this chapter. The auditor general shall serve as an ex officio member. The Governor shall, by appointment, fill any vacancy occurring during a term for the remainder of the unexpired term. Any member of the board whose certificate is revoked or suspended shall automatically cease to be a member of the board. The Governor may remove any member of the board for cause. The Governor may stagger the terms to enable the board to have different terms expire each year. 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 terms of members 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 expires on October thirtieth in the third year of appointment. Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.

Source: SL 2002, ch 179, § 5; SL 2005, ch 199, § 53; SL 2012, ch 16, § 1; SL 2013, ch 176, § 1.
S.D. Codified Laws § 36-9-21 — SD Code / Title 36 / Chapter 9 / Section 36-9-21
Promulgation of rules
Status: in_force

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

(1) Licensing and licenses;

(2) The practice of nursing;

(3) Scope of nursing practice;

(4) Except as otherwise provided in § 36-9-28 , the delegation of nursing functions to unlicensed assistive personnel under the supervision of a licensed nurse;

(5) Except as otherwise provided in § 36-9-28 , the training, registration, and supervisory requirements for unlicensed personnel performing delegated nursing functions under the supervision of a licensed nurse;

(6) Fees; and

(7) Approval of nursing education and clinical enrichment programs.

Source: SL 1947, ch 123, § 4; SL 1949, ch 109, § 4; SL 1955, ch 91, § 3; SDC Supp 1960, § 27.0903 (3) (a); SL 1967, ch 101, § 3 (3) (a); SL 1979, ch 255, § 10; SL 1986, ch 302, § 65; SL 1994, ch 298, § 1; SL 2016, ch 194, § 13; SL 2021, ch 168, § 20.
S.D. Codified Laws § 36-6A-43 — SD Code / Title 36 / Chapter 6A / Section 36-6A-43
Dental technicians
Status: in_force

Dental technicians may work either in commercial dental laboratories or under the supervision of a dentist. Technicians, when not working under the supervision of a dentist, may not provide for dental patients' use any prosthetic appliances, materials, or devices which are inserted in the human oral cavity unless ordered by a dentist. Technicians may not provide intra-oral services to patients. A technician or dental laboratory shall maintain a record of work orders for a period of two years.

Source: SL 1971, ch 213, § 36; SL 1981, ch 275, § 25; SL 1992, ch 269, § 53; SL 2004, ch 247, § 1; SL 2015, ch 199, § 47.
S.D. Codified Laws § 36-35-1 — SD Code / Title 36 / Chapter 35 / Section 36-35-1
Definitions
Status: in_force

Terms in this chapter mean:

(1) "Board," the Board of Massage Therapy;

(2) "Licensee," a person who meets the qualifications for licensure pursuant to this chapter and holds a valid license to practice massage therapy;

(3) "Massage," the systematic mobilization of the soft tissues of the body through the application of hands, feet, or devices for the purposes of therapy, relaxation, or education through means which include:

(a) Pressure, friction, stroking, rocking, kneading, percussion, compression, or stretching;

(b) External application of water, heat, cold, lubricants, or other topical agents; or

(c) The use of devices that mimic or enhance the actions of human hands or feet; and

(4) "Practice of massage therapy," the performance of massage for a fee or other compensation or holding oneself out to the public as performing massage.

Source: SL 2005, ch 206, § 1; SL 2016, ch 197, § 1.
S.D. Codified Laws § 36-21A-128 — SD Code / Title 36 / Chapter 21A / Section 36-21A-128
Informative acts that do not constitute representation
Status: in_force

For the purposes of this chapter, initial acts that a licensee may perform for a consumer that are informative in nature and do not rise to the level of representation on behalf of a consumer include the following:

(1) Responding to phone inquiries by consumers as to the availability and pricing of real estate services;

(2) Responding to phone inquiries from a consumer concerning the price or location of real property;

(3) Attending an open house and responding to questions about the property from a consumer;

(4) Setting an appointment to view property;

(5) Responding to questions of consumers walking into a licensee's office concerning real estate services offered on particular properties;

(6) Describing a property or the property's condition in response to a consumer's inquiry;

(7) Accompanying an appraiser, inspector, contractor, or similar third party on a visit to a property;

(8) Referring a person to another broker or service provider; or

(9) Providing a one - time showing of one property only to a potential buyer or lessee.

Source: SL 1998, ch 229, § 5.
S.D. Codified Laws § 36-6A-49.4 — SD Code / Title 36 / Chapter 6A / Section 36-6A-49.4
Teledentistry services to comply with chapter as if services provided in person
Status: in_force

Any services provided by a licensee or registrant through teledentistry or electronic means shall comply with the provisions of this chapter as if the services were provided in person by a licensee or registrant.

Source: SL 2015, ch 199, § 61.
S.D. Codified Laws § 36-9-24 — SD Code / Title 36 / Chapter 9 / Section 36-9-24
Deposit and withdrawal of money received
Status: in_force

All fees received by the board, and money collected under this chapter, shall be deposited in the bank as authorized by the board. However, the board may require any applicant who is taking a nationally administered examination to remit the portion of the licensing fee covering the cost of examination directly to the organization administering the examination. The funds may be withdrawn by the executive director as authorized by the board. All compensation and expenditures made by the board shall be paid from the fees received under the provisions of this chapter.

Source: SDC 1939, § 27.0902; SL 1947, ch 123, § 3; SL 1949, ch 109, § 3; SL 1955, ch 91, § 7; SDC Supp 1960, § 27.0907; SL 1967, ch 101, § 7; SL 1979, ch 255, § 13; SL 1986, ch 307, § 1; SL 2016, ch 194, § 14.
S.D. Codified Laws § 36-19-6.1 — SD Code / Title 36 / Chapter 19 / Section 36-19-6.1
State Board of Funeral Service--Administration
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 such records, information, and reports in the form and at such times as required by the secretary of health.

Source: SL 1973, ch 2, § 56 (j); SL 2003, ch 272 (Ex. Ord. 03-1), § 37; SL 2023, ch 137, § 4.
S.D. Codified Laws § 36-21A-37 — SD Code / Title 36 / Chapter 21A / Section 36-21A-37
License required for real estate firm
Status: in_force

No partnership, association, limited liability company, or corporation may perform the services of a real estate broker as described in § 36-21A-6 , nor may a licensee associate or work for any partnership, association, limited liability company, or corporation performing any services described in § 36-21A-6 , until such time as the partnership, association, limited liability company, or corporation is licensed by the commission.

Source: SL 1992, ch 273, § 37; SL 1996, ch 236, § 2.
S.D. Codified Laws § 36-27A-18 — SD Code / Title 36 / Chapter 27A / Section 36-27A-18
Demonstration of competence required--Variation by board
Status: in_force

By a unanimous vote of the Board of Examiners of Psychologists an applicant for licensure as a psychologist may be required to demonstrate competence in only three of the four substantive areas of study referred to in the definition of a program in psychology in § 36-27A-1 . This is contingent upon the applicant submitting a satisfactory proposal outlining how he intends to remediate the deficiency in the fourth substantive area.

Source: SL 1981, ch 281, § 18.
S.D. Codified Laws § 36-11A-37 — SD Code / Title 36 / Chapter 11A / Section 36-11A-37
Receipt to be signed by authorized hospital pharmacy receiving personnel--Reporting of discrepancies
Status: in_force

Prescription drugs may be furnished to a hospital pharmacy receiving area provided that a pharmacist or authorized receiving personnel signs, at the time of delivery, a receipt showing the type and quantity of the prescription drug so received. Any discrepancy between receipt and the type and quantity of the prescription drug actually received shall be reported to the delivering manufacturer or wholesale distributor by the next business day after the delivery to the pharmacy receiving area.

Source: SL 2007, ch 215, § 19.
S.D. Codified Laws § 36-13-2.1 — SD Code / Title 36 / Chapter 13 / Section 36-13-2.1
Board continued within Department of Labor and Regulation--Records and reports
Status: in_force

The board shall continue within the Department of Labor and Regulation and shall retain all its prescribed functions, including administrative functions. The board 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 board shall report at least annually.

Source: SL 1973, ch 2, § 56 (a); SL 1986, ch 302, § 35; SL 2003, ch 272 (Ex. Ord. 03-1), § 54; SL 2008, ch 195, § 6; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 162, eff. Apr. 12, 2011.
S.D. Codified Laws § 36-13-21.1 — SD Code / Title 36 / Chapter 13 / Section 36-13-21.1
Inspection costs collected from applicant
Status: in_force

The board shall charge to and collect from the applicant for a certificate of registration for a new plant or the transfer of a certificate of registration, the actual expenses of inspecting and approving the new plant or transfer of registration including per diem, travel, and room and board.

Source: SL 1977, ch 297; SL 2008, ch 195, § 27.
S.D. Codified Laws § 36-6A-17 — SD Code / Title 36 / Chapter 6A / Section 36-6A-17
Enforcement of chapter
Status: in_force

The board may use its own staff or employ or contract with agents or investigators to assist in the enforcement of this chapter or any rule promulgated thereunder. If it appears to the board that a person is violating any provision or rule of this chapter, the board may, in its own name or in the name of the state, in the circuit court in any county in which jurisdiction is proper, bring an action to enjoin the act, practice, or violation and to enforce compliance with this chapter or any rule promulgated thereunder as an alternative to criminal proceedings, and the commencement of one proceeding by the board constitutes an election. Such proceedings shall be prosecuted by the attorney general's office or person designated by the attorney general and retained by the board as provided in § 36-6A-18 .

Source: SDC 1939, § 27.0616; SL 1971, ch 213, § 11; SL 1981, ch 275, § 9; SL 1992, ch 269, § 17; SL 2015, ch 199, § 15.
S.D. Codified Laws § 36-29-11 — SD Code / Title 36 / Chapter 29 / Section 36-29-11
Expiration of license--Renewal
Status: in_force

A license issued by the board pursuant to this chapter expires on December thirty-first of the first year following its issuance.

A license may be renewed upon:

(1) Payment of the renewal fee set by the board; and

(2) Submission of evidence, satisfactory to the board, that the athletic trainer has completed the requirements referenced in § 36-29-14 .

Source: SL 1984, ch 255, § 11; SL 2008, ch 191, § 69; SL 2024, ch 162, § 7.