S.D. Codified Laws § 36-32A-2 — SD Code / Title 36 / Chapter 32A / Section 36-32A-2
Counseling--Licensure--Interstate compact
Status: in_force

COUNSELING LICENSURE COMPACT

SECTION 1. PURPOSE

The purpose of this Compact is to facilitate interstate practice of Licensed Professional Counselors with the goal of improving public access to Professional Counseling services. The practice of Professional Counseling occurs in the State where the client is located at the time of the counseling services. The Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure.

This Compact is designed to achieve the following objectives:

A. Increase public access to Professional Counseling services by providing for the mutual recognition of other Member State licenses;

B. Enhance the States’ ability to protect the public’s health and safety;

C. Encourage the cooperation of Member States in regulating multistate practice for Licensed Professional Counselors;

D. Support spouses of relocating Active Duty Military personnel;

E. Enhance the exchange of licensure, investigative, and disciplinary information among Member States;

F. Allow for the use of Telehealth technology to facilitate increased access to Professional Counseling services;

G. Support the uniformity of Professional Counseling licensure requirements throughout the States to promote public safety and public health benefits;

H. Invest all Member States with the authority to hold a Licensed Professional Counselor accountable for meeting all State practice laws in the State in which the client is located at the time care is rendered through the mutual recognition of Member State licenses;

I. Eliminate the necessity for licenses in multiple States; and

J. Provide opportunities for interstate practice by Licensed Professional Counselors who meet uniform licensure requirements.

SECTION 2. DEFINITIONS

As used in this Compact, and except as otherwise provided, the following definitions shall apply:

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

B. “Adverse Action” means any administrative, civil, equitable or criminal action permitted by a State’s laws which is imposed by a licensing board or other authority against a Licensed Professional Counselor, including actions against an individual’s license or Privilege to Practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other Encumbrance on licensure affecting a Licensed Professional Counselor’s authorization to practice, including issuance of a cease and desist action.

C. “Alternative Program” means a non-disciplinary monitoring or practice remediation process approved by a Professional Counseling Licensing Board to address Impaired Practitioners.

D. “Continuing Competence/Education” means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.

E. “Counseling Compact Commission” or “Commission” means the national administrative body whose membership consists of all States that have enacted the Compact.

F. “Current Significant Investigative Information” means:

1. Investigative Information that a Licensing Board, after a preliminary inquiry that includes notification and an opportunity for the Licensed Professional Counselor to respond, if required by State law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or

2. Investigative Information that indicates that the Licensed Professional Counselor represents an immediate threat to public health and safety regardless of whether the Licensed Professional Counselor has been notified and had an opportunity to respond.

G. “Data System” means a repository of information about Licensees, including, but not limited to, continuing education, examination, licensure, investigative, Privilege to Practice and Adverse Action information.

H. “Encumbered License” means a license in which an Adverse Action restricts the practice of licensed Professional Counseling by the Licensee and said Adverse Action has been reported to the National Practitioners Data Bank (NPDB).

I. “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of Licensed Professional Counseling by a Licensing Board.

J. “Executive Committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.

K. “Home State” means the Member State that is the Licensee’s primary State of residence.

L. “Impaired Practitioner” means an individual who has a condition(s) that may impair their ability to practice as a Licensed Professional Counselor without some type of intervention and may include, but are not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments.

M. “Investigative Information” means information, records, and documents received or generated by a Professional Counseling Licensing Board pursuant to an investigation.

N. “Jurisprudence Requirement” if required by a Member State, means the assessment of an individual’s knowledge of the laws and Rules governing the practice of Professional Counseling in a State.

O. “Licensed Professional Counselor” means a counselor licensed by a Member State, regardless of the title used by that State, to independently assess, diagnose, and treat behavioral health conditions.

P. “Licensee” means an individual who currently holds an authorization from the State to practice as a Licensed Professional Counselor.

Q. “Licensing Board” means the agency of a State, or equivalent, that is responsible for the licensing and regulation of Licensed Professional Counselors.

R. “Member State” means a State that has enacted the Compact.

S. “Privilege to Practice” means a legal authorization, which is equivalent to a license, permitting the practice of Professional Counseling in a Remote State.

T. “Professional Counseling” means the assessment, diagnosis, and treatment of behavioral health conditions by a Licensed Professional Counselor.

U. “Remote State” means a Member State other than the Home State, where a Licensee is exercising or seeking to exercise the Privilege to Practice.

V. “Rule” means a regulation promulgated by the Commission that has the force of law.

W. “Single State License” means a Licensed Professional Counselor license issued by a Member State that authorizes practice only within the issuing State and does not include a Privilege to Practice in any other Member State.

X. “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of Professional Counseling.

Y. “Telehealth” means the application of telecommunication technology to deliver Professional Counseling services remotely to assess, diagnose, and treat behavioral health conditions.

Z. “Unencumbered License” means a license that authorizes a Licensed Professional Counselor to engage in the full and unrestricted practice of Professional Counseling.

SECTION 3. STATE PARTICIPATION IN THE COMPACT

A. To Participate in the Compact, a State must currently:

1. License and regulate Licensed Professional Counselors;

2. Require Licensees to pass a nationally recognized exam approved by the Commission;

3. Require Licensees to have a 60 semester-hour (or 90 quarter-hour) master’s degree in counseling or 60 semester-hours (or 90 quarter-hours) of graduate course work including the following topic areas:

a. Professional Counseling Orientation and Ethical Practice;

b. Social and Cultural Diversity;

c. Human Growth and Development;

d. Career Development;

e. Counseling and Helping Relationships;

f. Group Counseling and Group Work;

g. Diagnosis and Treatment; Assessment and Testing;

h. Research and Program Evaluation; and

i. Other areas as determined by the Commission.

4. Require Licensees to complete a supervised postgraduate professional experience as defined by the Commission;

5. Have a mechanism in place for receiving and investigating complaints about Licensees.

B. A Member State shall:

1. Participate fully in the Commission’s Data System, including using the Commission’s unique identifier as defined in Rules;

2. 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;

3. Implement or utilize procedures for considering the criminal history records of applicants for an initial Privilege to Practice. 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 must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search and shall use the results in making licensure decisions;

b. Communication between a Member State, the Commission and among Member States regarding the verification of eligibility for licensure through the Compact shall 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.

4. Comply with the Rules of the Commission;

5. Require an applicant to obtain or retain a license in the Home State and meet the Home State’s qualifications for licensure or renewal of licensure, as well as all other applicable State laws;

6. Grant the Privilege to Practice to a Licensee holding a valid Unencumbered License in another Member State in accordance with the terms of the Compact and Rules; and

7. Provide for the attendance of the State’s commissioner to the Counseling Compact Commission meetings.

C. Member States may charge a fee for granting the Privilege to Practice.

D. Individuals not residing in a Member State shall continue to be able to apply for a Member State’s Single State License as provided under the laws of each Member State. However, the Single State License granted to these individuals shall not be recognized as granting a Privilege to Practice Professional Counseling in any other Member State.

E. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single State License.

F. A license issued to a Licensed Professional Counselor by a Home State to a resident in that State shall be recognized by each Member State as authorizing a Licensed Professional Counselor to practice Professional Counseling, under a Privilege to Practice, in each Member State.

SECTION 4. PRIVILEGE TO PRACTICE

A. To exercise the Privilege to Practice under the terms and provisions of the Compact, the Licensee shall:

1. Hold a license in the Home State;

2. Have a valid United States Social Security Number or National Practitioner Identifier;

3. Be eligible for a Privilege to Practice in any Member State in accordance with Section 4(D), (G) and (H);

4. Have not had any Encumbrance or restriction against any license or Privilege to Practice within the previous two (2) years;

5. Notify the Commission that the Licensee is seeking the Privilege to Practice within a Remote State(s);

6. Pay any applicable fees, including any State fee, for the Privilege to Practice;

7. Meet any Continuing Competence/Education requirements established by the Home State;

8. Meet any Jurisprudence Requirements established by the Remote State(s) in which the Licensee is seeking a Privilege to Practice; and

9. Report to the Commission any Adverse Action, Encumbrance, or restriction on license taken by any non-Member State within 30 days from the date the action is taken.

B. The Privilege to Practice is valid until the expiration date of the Home State license. The Licensee must comply with the requirements of Section 4(A) to maintain the Privilege to Practice in the Remote State.

C. A Licensee providing Professional Counseling in a Remote State under the Privilege to Practice shall adhere to the laws and regulations of the Remote State.

D. A Licensee providing Professional Counseling services in a Remote State is subject to that State’s regulatory authority. A Remote State may, in accordance with due process and that State’s laws, remove a Licensee’s Privilege to Practice in the Remote State for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The Licensee may be ineligible for a Privilege to Practice in any Member State until the specific time for removal has passed and all fines are paid.

E. If a Home State license is encumbered, the Licensee shall lose the Privilege to Practice in any Remote State until the following occur:

1. The Home State license is no longer encumbered; and

2. The Licensee has not had any Encumbrance or restriction against any license or Privilege to Practice within the previous two (2) years.

F. Once an Encumbered License in the Home State is restored to good standing, the Licensee must meet the requirements of Section 4(A) to obtain a Privilege to Practice in any Remote State.

G. If a Licensee’s Privilege to Practice in any Remote State is removed, the individual may lose the Privilege to Practice in all other Remote States until the following occur:

1. The specific period of time for which the Privilege to Practice was removed has ended;

2. All fines have been paid; and

3. The Licensee has not had any Encumbrance or restriction against any license or Privilege to Practice within the previous two (2) years.

H. Once the requirements of Section 4(G) have been met, the Licensee must meet the requirements in Section 4(A) to obtain a Privilege to Practice in a Remote State.

SECTION 5. OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO PRACTICE

A. A Licensed Professional Counselor may hold a Home State license, which allows for a Privilege to Practice in other Member States, in only one Member State at a time.

B. If a Licensed Professional Counselor changes primary State of residence by moving between two Member States:

1. The Licensed Professional Counselor shall file an application for obtaining a new Home State license based on a Privilege to Practice, pay all applicable fees, and notify the current and new Home State in accordance with applicable Rules adopted by the Commission.

2. Upon receipt of an application for obtaining a new Home State license by virtue of a Privilege to Practice, the new Home State shall verify that the Licensed Professional Counselor meets the pertinent criteria outlined in Section 4 via the Data System, without need for primary source verification except for:

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

b. Other criminal background check as required by the new Home State; and

c. Completion of any requisite Jurisprudence Requirements of the new Home State.

3. The former Home State shall convert the former Home State license into a Privilege to Practice once the new Home State has activated the new Home State license in accordance with applicable Rules adopted by the Commission.

4. Notwithstanding any other provision of this Compact, if the Licensed Professional Counselor cannot meet the criteria in Section 4, the new Home State may apply its requirements for issuing a new Single State License.

5. The Licensed Professional Counselor shall pay all applicable fees to the new Home State in order to be issued a new Home State license.

C. If a Licensed Professional Counselor changes Primary State of Residence by moving from a Member State to a non-Member State, or from a non-Member State to a Member State, the State criteria shall apply for issuance of a Single State License in the new State.

D. Nothing in this Compact shall interfere with a Licensee’s ability to hold a Single State License in multiple States, however for the purposes of this Compact, a Licensee shall have only one Home State license.

E. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single State License.

SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES

Active Duty Military personnel, or their spouse, shall designate a Home State where the individual has a current license in good standing. The individual may retain the Home State designation during the period the service member is on active duty. Subsequent to designating a Home State, the individual shall only change their Home State through application for licensure in the new State, or through the process outlined in Section 5.

SECTION 7. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH

A. Member States shall recognize the right of a Licensed Professional Counselor, licensed by a Home State in accordance with Section 3 and under Rules promulgated by the Commission, to practice Professional Counseling in any Member State via Telehealth under a Privilege to Practice as provided in the Compact and Rules promulgated by the Commission.

B. A Licensee providing Professional Counseling services in a Remote State under the Privilege to Practice shall adhere to the laws and regulations of the Remote State.

SECTION 8. ADVERSE ACTIONS

A. In addition to the other powers conferred by State law, a Remote State shall have the authority, in accordance with existing State due process law, to:

1. Take Adverse Action against a Licensed Professional Counselor’s Privilege to Practice within that Member State, and

2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing Board in a Member State for the attendance and testimony of witnesses or the production of evidence from another Member State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the witnesses or evidence are located.

3. Only the Home State shall have the power to take Adverse Action against a Licensed Professional Counselor’s license issued by the Home State.

B. For purposes of taking Adverse Action, the Home State shall give the same priority and effect to reported conduct received from a Member State as it would if the conduct had occurred within the Home State. In so doing, the Home State shall apply its own State laws to determine appropriate action.

C. The Home State shall complete any pending investigations of a Licensed Professional Counselor who changes primary State of residence during the course of the investigations. The Home State shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the Data System. The administrator of the coordinated licensure information system shall promptly notify the new Home State of any Adverse Actions.

D. A Member State, if otherwise permitted by State law, may recover from the affected Licensed Professional Counselor the costs of investigations and dispositions of cases resulting from any Adverse Action taken against that Licensed Professional Counselor.

E. A Member State may take Adverse Action based on the factual findings of the Remote State, provided that the Member State follows its own procedures for taking the Adverse Action.

F. Joint Investigations:

1. In addition to the authority granted to a Member State by its respective Professional Counseling practice act or other applicable State law, any Member State may participate with other Member States in joint investigations of Licensees.

2. Member States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

G. If Adverse Action is taken by the Home State against the license of a Licensed Professional Counselor, the Licensed Professional Counselor’s Privilege to Practice in all other Member States shall be deactivated until all Encumbrances have been removed from the State license. All Home State disciplinary orders that impose Adverse Action against the license of a Licensed Professional Counselor shall include a Statement that the Licensed Professional Counselor’s Privilege to Practice is deactivated in all Member States during the pendency of the order.

H. If a Member State takes Adverse Action, it shall promptly notify the administrator of the Data System. The administrator of the Data System shall promptly notify the Home State of any Adverse Actions by Remote States.

I. Nothing in this Compact shall override a Member State’s decision that participation in an Alternative Program may be used in lieu of Adverse Action.

SECTION 9. ESTABLISHMENT OF COUNSELING COMPACT COMMISSION

A. The Compact Member States hereby create and establish a joint public agency known as the Counseling Compact Commission:

1. The Commission is an instrumentality of the Compact States.

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

3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

B. Membership, Voting, and Meetings

1. Each Member State shall have and be limited to one (1) delegate selected by that Member State’s Licensing Board.

2. The delegate shall be either:

a. A current member of the Licensing Board at the time of appointment, who is a Licensed Professional Counselor or public member; or

b. An administrator of the Licensing Board.

3. Any delegate may be removed or suspended from office as provided by the law of the State from which the delegate is appointed.

4. The Member State Licensing Board shall fill any vacancy occurring on the Commission within 60 days.

5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of Rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.

6. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.

7. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

8. The Commission shall by Rule establish a term of office for delegates and may by Rule establish term limits.

C. The Commission shall have the following powers and duties:

1. Establish the fiscal year of the Commission;

2. Establish bylaws;

3. Maintain its financial records in accordance with the bylaws;

4. Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;

5. Promulgate Rules which shall be binding to the extent and in the manner provided for in the Compact;

6. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any State Licensing Board to sue or be sued under applicable law shall not be affected;

7. Purchase and maintain insurance and bonds;

8. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Member State;

9. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

10. Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;

11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;

12. Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

13. Establish a budget and make expenditures;

14. Borrow money;

15. Appoint committees, including standing committees composed of members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;

16. Provide and receive information from, and cooperate with, law enforcement agencies;

17. Establish and elect an Executive Committee; and

18. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the State regulation of Professional Counseling licensure and practice.

D. The Executive Committee

1. The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact.

2. The Executive Committee shall be composed of up to eleven (11) members:

a. Seven voting members who are elected by the Commission from the current membership of the Commission; and

b. Up to four (4) ex-officio, nonvoting members from four (4) recognized national professional counselor organizations.

c. The ex-officio members will be selected by their respective organizations.

3. The Commission may remove any member of the Executive Committee as provided in bylaws.

4. The Executive Committee shall meet at least annually.

5. The Executive Committee shall have the following duties and responsibilities:

a. Recommend to the entire Commission changes to the Rules or bylaws, changes to this Compact legislation, fees paid by Compact Member States such as annual dues, and any Commission Compact fee charged to Licensees for the Privilege to Practice;

b. Ensure Compact administration services are appropriately provided, contractual or otherwise;

c. Prepare and recommend the budget;

d. Maintain financial records on behalf of the Commission;

e. Monitor Compact compliance of Member States and provide compliance reports to the Commission;

f. Establish additional committees as necessary; and

g. Other duties as provided in Rules or bylaws.

E. Meetings of the Commission

1. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the Rulemaking provisions in Section 11.

2. The Commission or the Executive Committee or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Committee or other committees of the Commission must discuss:

a. Non-compliance of a Member State with its obligations under the Compact;

b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures;

c. Current, threatened, or reasonably anticipated litigation;

d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

e. Accusing any person of a crime or formally censuring any person;

f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;

g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

h. Disclosure of investigative records compiled for law enforcement purposes;

i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or

j. Matters specifically exempted from disclosure by federal or Member State statute.

3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

4. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.

F. Financing of the Commission

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

2. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

3. The Commission may levy on and collect an annual assessment from each Member State or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a Rule binding upon all Member States.

4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Member States, except by and with the authority of the Member State.

5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.

G. Qualified Immunity, Defense, and Indemnification

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

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

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

SECTION 10. DATA SYSTEM

A. The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, Adverse Action, and Investigative Information on all licensed individuals in Member States.

B. Notwithstanding any other provision of State law to the contrary, a Member State shall submit a uniform data set to the Data System on all individuals to whom this Compact is applicable as required by the Rules of the Commission, including:

1. Identifying information;

2. Licensure data;

3. Adverse Actions against a license or Privilege to Practice;

4. Non-confidential information related to Alternative Program participation;

5. Any denial of application for licensure, and the reason(s) for such denial;

6. Current Significant Investigative Information; and

7. Other information that may facilitate the administration of this Compact, as determined by the Rules of the Commission.

C. Investigative Information pertaining to a Licensee in any Member State will only be available to other Member States.

D. The Commission shall promptly notify all Member States of any Adverse Action taken against a Licensee or an individual applying for a license. Adverse Action information pertaining to a Licensee in any Member State will be available to any other Member State.

E. Member States contributing information to the Data System may designate information that may not be shared with the public without the express permission of the contributing State.

F. Any information submitted to the Data System that is subsequently required to be expunged by the laws of the Member State contributing the information shall be removed from the Data System.

SECTION 11. RULEMAKING

A. The Commission shall promulgate reasonable Rules in order to effectively and efficiently achieve the purpose of the Compact. Notwithstanding the foregoing, in the event the Commission exercises its Rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force or effect.

B. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this Section and the Rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each Rule or amendment.

C. If a majority of the legislatures of the Member States rejects a Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member State.

D. Rules or amendments to the Rules shall be adopted at a regular or special meeting of the Commission.

E. Prior to promulgation and adoption of a final Rule or Rules by the Commission, and at least thirty (30) days in advance of the meeting at which the Rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:

1. On the website of the Commission or other publicly accessible platform; and

2. On the website of each Member State Professional Counseling Licensing Board or other publicly accessible platform or the publication in which each State would otherwise publish proposed Rules.

F. The Notice of Proposed Rulemaking shall include:

1. The proposed time, date, and location of the meeting in which the Rule will be considered and voted upon;

2. The text of the proposed Rule or amendment and the reason for the proposed Rule;

3. A request for comments on the proposed Rule from any interested person; and

4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

G. Prior to adoption of a proposed Rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

H. The Commission shall grant an opportunity for a public hearing before it adopts a Rule or amendment if a hearing is requested by:

1. At least twenty-five (25) persons;

2. A State or federal governmental subdivision or agency; or

3. An association having at least twenty-five (25) members.

I. If a hearing is held on the proposed Rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.

1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.

2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

3. All hearings will be recorded. A copy of the recording will be made available on request.

4. Nothing in this section shall be construed as requiring a separate hearing on each Rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

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

K. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed Rule without a public hearing.

L. The Commission shall, by majority vote of all members, take final action on the proposed Rule and shall determine the effective date of the Rule, if any, based on the Rulemaking record and the full text of the Rule.

M. Upon determination that an emergency exists, the Commission may consider and adopt an emergency Rule without prior notice, opportunity for comment, or hearing, provided that the usual Rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or welfare;

2. Prevent a loss of Commission or Member State funds;

3. Meet a deadline for the promulgation of an administrative Rule that is established by federal law or Rule; or

4. Protect public health and safety.

N. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted Rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

SECTION 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A. Oversight

1. The executive, legislative, and judicial branches of State government in each Member State shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the Rules promulgated hereunder shall have standing as statutory law.

2. All courts shall take judicial notice of the Compact and the Rules in any judicial or administrative proceeding in a Member State pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Commission.

3. The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated Rules.

B. Default, Technical Assistance, and Termination

1. If the Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall:

a. Provide written notice to the defaulting State and other Member States of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and

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

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

D. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State’s legislature, and each of the Member States.

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

F. The Commission shall not bear any costs related to a State that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting State.

G. The defaulting State may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

H. Dispute Resolution

1. Upon request by a Member State, the Commission shall attempt to resolve disputes related to the Compact that arise among Member States and between member and non-Member States.

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

I. Enforcement

1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and Rules of this Compact.

2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a Member State in default to enforce compliance with the provisions of the Compact and its promulgated Rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or State law.

SECTION 13. DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT

A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth Member State. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of Rules. Thereafter, the Commission shall meet and exercise Rulemaking powers necessary to the implementation and administration of the Compact.

B. Any State that joins the Compact subsequent to the Commission’s initial adoption of the Rules shall be subject to the Rules as they exist on the date on which the Compact becomes law in that State. Any Rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that State.

C. Any Member State may withdraw from this Compact by enacting a statute repealing the same.

1. A Member State’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of the withdrawing State’s Professional Counseling Licensing Board to comply with the investigative and Adverse Action reporting requirements of this act prior to the effective date of withdrawal.

D. Nothing contained in this Compact shall be construed to invalidate or prevent any Professional Counseling licensure agreement or other cooperative arrangement between a Member State and a non-Member State that does not conflict with the provisions of this Compact.

E. This Compact may be amended by the Member States. No amendment to this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member States.

SECTION 14. CONSTRUCTION AND SEVERABILITY

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any Member State or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any Member State, the Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters.

SECTION 15. BINDING EFFECT OF COMPACT AND OTHER LAWS

A. A Licensee providing Professional Counseling services in a Remote State under the Privilege to Practice shall adhere to the laws and regulations, including scope of practice, of the Remote State.

B. Nothing herein prevents the enforcement of any other law of a Member State that is not inconsistent with the Compact.

C. Any laws in a Member State in conflict with the Compact are superseded to the extent of the conflict.

D. Any lawful actions of the Commission, including all Rules and bylaws properly promulgated by the Commission, are binding upon the Member States.

E. All permissible agreements between the Commission and the Member States are binding in accordance with their terms.

F. In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any Member State, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that Member State.

Source: SL 2024, ch 164, § 7.
S.D. Codified Laws § 36-15-3 — SD Code / Title 36 / Chapter 15 / Section 36-15-3
Cosmetology Commission--Appointment and terms of members--Oath of office
Status: in_force

The Cosmetology Commission shall perform all functions exercised by the former State Board of Cosmetology. The Cosmetology Commission consists of five 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 may be of the same political party. Three members shall be currently licensed as cosmetologists in this state at the time of their appointment. Two members shall be lay people. 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. Each member of the commission shall take the oath of office as provided by law for public officials.

Source: SDC 1939, § 27.1504; SL 1957, ch 118, § 1; SL 1963, ch 155; SL 1980, ch 379, §§ 17 to 20; SL 2005, ch 199, § 45.
S.D. Codified Laws § 36-11-30 — SD Code / Title 36 / Chapter 11 / Section 36-11-30
Pharmacy license required--Penalty
Status: in_force

A person may not open or operate a pharmacy unless the pharmacy is licensed by the board.

A violation of this section is a Class 2 misdemeanor. Each day of violation is a separate offense.

Source: SDC 1939, § 27.1012; SL 1967, ch 102, § 13; SL 1992, ch 158, § 82; SL 2025, ch 154, § 16.
S.D. Codified Laws § 36-4A-10 — SD Code / Title 36 / Chapter 4A / Section 36-4A-10
Assistants practicing when chapter enacted
Status: in_force

The board may license, as a physician assistant in this state, those physician assistants practicing in this state on July 1, 1973. However, such physician assistants are subject to the provisions of this chapter in so far as the chapter provides for a revocation of licenses and the causes thereof.

Source: SL 1973, ch 250, § 14; SL 1999, ch 192, § 6; SL 2007, ch 207, § 8.
S.D. Codified Laws § 36-11-26 — SD Code / Title 36 / Chapter 11 / Section 36-11-26
Board authority to discipline pharmacist--Appeal
Status: in_force

If the board is satisfied that any pharmacist is incompetent or disqualified to perform the duties of a pharmacist pursuant to § 36-11-20 or as contemplated by the provisions of this chapter, it may, in compliance with chapter 1-26 :

(1) Issue a reprimand to the pharmacist;

(2) Place the pharmacist on probation and supervision;

(3) Suspend the pharmacist's license until the pharmacist completes a course of therapy, treatment, training, or any combination thereof;

(4) Suspend the pharmacist's license for a fixed period; and

(5) Revoke the pharmacist's license.

An individual may appeal a decision of the board as provided in chapter 1-26 .

Source: SDC 1939, § 27.1011; SL 1959, ch 132; SL 1967, ch 102, § 12; SL 1982, ch 275, § 2; SL 1986, ch 311; SL 2025, ch 154, § 15.
S.D. Codified Laws § 36-27A-30 — SD Code / Title 36 / Chapter 27A / Section 36-27A-30
Majority vote required for suspension or revocation
Status: in_force

The decision of the board to suspend, revoke, or deny a license requires a majority vote of all the board members.

Source: SL 1976, ch 235, § 39; SDCL Supp, § 36-27-41; SL 1981, ch 281, § 31; SL 2008, ch 197, § 9.
S.D. Codified Laws § 36-18A-25 — SD Code / Title 36 / Chapter 18A / Section 36-18A-25
Engineering intern--Qualifications
Status: in_force

Any applicant for enrollment as an engineering intern shall provide evidence satisfactory to the board that the applicant has graduated from or is admitted in an accredited engineering curriculum and has passed an examination. The examination may be taken during the applicant's senior year of study or at such time as may be determined by the board. The board shall promulgate rules, pursuant to chapter 1-26 , to establish education, experience, and examination criteria.

Source: SL 1999, ch 195, § 25.
S.D. Codified Laws § 36-21C-14 — SD Code / Title 36 / Chapter 21C / Section 36-21C-14
Applicants and licensees under disciplinary investigation--Criminal background check
Status: in_force

Each applicant for licensure and registration as a home inspector 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 commission 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 commission all information obtained as a result of the criminal background check. This information shall be obtained prior to licensure of the applicant. The commission may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the commission. 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 2009, ch 190, § 2; SL 2021, ch 179, § 3.
S.D. Codified Laws § 36-25-19 — SD Code / Title 36 / Chapter 25 / Section 36-25-19
Application for license--Promulgation of rules--License types--Fees for application, verification, examination, and renewal
Status: in_force

A person may apply for a license required by this chapter to the commission, accompanied by an initial application fee established by the commission under this section. The commission shall license a person who satisfactorily passes an examination showing fitness to practice the person's trade.

The commission shall promulgate rules, in accordance with chapter 1-26 , to establish initial application fees, examination and reexamination fees, license and renewal of license fees, and license verification fees for the following licenses:

(1) Appliance contractor;

(2) Appliance installer;

(3) Individual and small on-site wastewater system installer;

(4) Manufactured and mobile home contractor;

(5) Manufactured and mobile home installer;

(6) Plumber;

(7) Plumbing contractor;

(8) Sewer and water contractor;

(9) Sewer and water installer;

(10) Underground irrigation contractor;

(11) Underground irrigation installer;

(12) Water conditioning contractor; and

(13) Water conditioning installer.

No fee established under this section for an initial application may exceed sixty dollars. No fee established under this section for license verification may exceed thirty dollars. No fee established under this section for an examination or reexamination may exceed one hundred dollars. No fee established under this section for a license or renewal of license may exceed three hundred dollars.

Source: SL 1970, ch 222, §§ 4 (3), (6); SL 1986, ch 302, § 31; SL 1987, ch 29, § 93; SL 1987, ch 278, § 2; SL 1993, ch 294, § 2; SL 2008, ch 191, § 55; SL 2014, ch 185, § 1; SL 2019, ch 169, § 3; SL 2021, ch 181, § 4; SL 2022, ch 153, § 1; SL 2025, ch 163, § 1.
S.D. Codified Laws § 36-11-11 — SD Code / Title 36 / Chapter 11 / Section 36-11-11
Promulgation of rules
Status: in_force

The Board of Pharmacy shall promulgate rules pursuant to chapter 1-26 :

(1) Pertaining to the practice of pharmacy;

(2) Relating to the sanitation of persons and establishments licensed under the provisions of this chapter;

(3) Pertaining to establishments licensed under the provisions of this chapter wherein any drug is compounded, prepared, dispensed, or sold;

(4) Providing for minimum equipment and standards of establishments licensed under the provisions of this chapter;

(5) Pertaining to the sale of drugs by or through any mechanical device;

(6) In cooperation with other governmental agencies where there exists a joint responsibility for protecting the public health and welfare;

(7) Pertaining to the sale of nonprescription drugs;

(8) To adopt publications or supplements thereto, as deemed necessary to describe the drugs, medicines, prescription drugs, or dispensing physician;

(9) Pertaining to the posting of prescription prices on the premises of a pharmacy department to provide consumers with comparative pricing information;

(10) Pertaining to the registration of drug wholesalers and manufacturers;

(11) Pertaining to home health care and service;

(12) Pertaining to computerized pharmacy;

(13) Pertaining to the registration of registered pharmacy technicians; an annual registration fee not to exceed thirty dollars; and tasks that may not be delegated by a licensed pharmacist to a registered technician;

(14) Pertaining to the redispensing of pharmaceuticals;

(15) Pertaining to the dispensing of biological products; and

(16) Pertaining to remote drop sites, as authorized in § 36-11-74 .

Source: SDC 1939, § 27.1006; SL 1967, ch 102, § 7; SL 1973, ch 244, § 2; SL 1986, ch 302, § 111; SL 1990, ch 325, § 1; SL 1997, ch 216, § 2; SL 2004, ch 248, § 2; SL 2004, ch 249, § 1; SL 2012, ch 194, § 10; SL 2018, ch 231, § 2; SL 2021, ch 168, § 24; SL 2026, ch 158, § 2.
S.D. Codified Laws § 36-2A-13 — SD Code / Title 36 / Chapter 2A / Section 36-2A-13
Immunity for reports and actions related to duties
Status: in_force

Any person, agency, institution, facility, or organization making reports to the board or health professionals assistance program regarding an individual suspected of practicing while impaired or reports of a participant's progress or lack of progress in the program is immune from civil liability for submitting a report in good faith to the program. Members, agents, and staff of the board and program personnel acting in good faith are immune from civil liability for any actions related to their duties under this chapter.

Source: SL 1996, ch 227, § 13; SL 2013, ch 171, § 13; SL 2021, ch 170, § 14.
S.D. Codified Laws § 36-24-17.3 — SD Code / Title 36 / Chapter 24 / Section 36-24-17.3
Qualifications for licensure--Audiologist
Status: in_force

To be eligible for licensure by the board as an audiologist, 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) Possess a doctorate degree in audiology from a regionally accredited educational institution;

(4) Complete the supervised clinical practicum experience from a regionally accredited educational institution or its cooperating programs;

(5) Pass a national standardized examination in audiology as recognized by the American Speech-Language-Hearing Association or the American Academy of Audiology; and

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

An applicant for an audiology license who completed training prior to August 30, 2007, and who possesses a master’s degree in audiology, is exempt from the requirements of subdivisions (3) and (4) upon proof of completion of a period of supervised graduate professional experience in audiology recognized by the American Speech-Language-Hearing Association or the American Academy of Audiology.

Source: SL 1997, ch 221, § 26; SL 2024, ch 159, § 13.
S.D. Codified Laws § 36-21A-130 — SD Code / Title 36 / Chapter 21A / Section 36-21A-130
Agency agreements--Requirements
Status: in_force

Any agency agreement in which a broker represents a seller or lessor shall be in writing and shall contain the proper legal description, the price and terms, the date of authorization, the expiration date, the type of agency relationship established, compensation to be paid, authorization to cooperate with or compensate other brokers, and the signatures of all parties. The licensee who obtains the agreement shall give the person signing a copy of the agreement.

Any agency agreement in which a broker represents a buyer or tenant shall be in writing and shall contain a description of the type and geographical area of property sought by the client, the type of agency relationship established, the compensation to be paid, the date of authorization, the date of expiration, and the signatures of all parties. The licensee who obtains the agreement shall give the person signing a copy of the agreement.

An agency agreement between a broker and a buyer, seller, or lessee may not include a provision for automatic renewal of the agreement at expiration. A property management agreement may include a provision for automatic renewal at expiration if it contains a provision for written cancellation on terms agreeable to all parties to the agreement.

When entering into an agency agreement, a broker shall provide a clear and complete explanation of the broker's representation of the interests of the seller/landlord or buyer/tenant. If the broker represents more than one party in a transaction, the agreement shall state how the representation may be altered. The agreement shall require authorization of all parties to the transaction before the broker initiates any transaction in which the broker would represent all parties.

An agency agreement shall be signed by the responsible broker. However, the responsible broker may authorize a salesperson or broker associate to sign agreements on behalf of the responsible broker.

The commission may promulgate rules pursuant to chapter 1-26 to provide for uniform provisions in any agency agreement under this section.

Source: SL 1998, ch 229, § 7.
S.D. Codified Laws § 36-18A-69 — SD Code / Title 36 / Chapter 18A / Section 36-18A-69
Contracts in violation unenforceable
Status: in_force

Any contract, written or oral, for engineering, architectural, land surveying, landscape architectural, petroleum release assessment, or petroleum release remediation services made by any person in violation of any provision of this chapter is unenforceable as to such services. It is a complete defense to any action to enforce payment for any services, if the party contracting for services proves that the person rendering or offering to render services was not at the time such services were offered or rendered, legally authorized to contract for such services.

Source: SL 1999, ch 195, § 69.
S.D. Codified Laws § 36-6A-7 — SD Code / Title 36 / Chapter 6A / Section 36-6A-7
Acceptance of funds by board--Separate fund--Payments from fund--Expense limited by revenue
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 kept in a separate fund for the sole use and under the sole control of the board. Payments out of the fund shall be made only upon authorization by the president of the board or the secretary-treasurer thereof. The board may expend funds necessary for the board to administer and carry out the provisions of this chapter. No expense may be incurred by the board in excess of the revenue derived from all sources.

Source: SDC 1939, § 27.0603; SL 1971, ch 213, § 6; SL 1992, ch 269, § 6; SL 2015, ch 199, § 5.
S.D. Codified Laws § 36-1B-5 — SD Code / Title 36 / Chapter 1B / Section 36-1B-5
Promulgation of rules
Status: in_force

Each licensing body under the provisions of this title may promulgate rules pursuant to chapter 1-26 to establish procedures to provide for the expedited issuance of a license, certificate, registration, or permit pursuant to § 36-1B-1 .

Source: SL 2013, ch 170, § 5; SL 2019, ch 167, § 4.
S.D. Codified Laws § 36-14-6 — SD Code / Title 36 / Chapter 14 / Section 36-14-6
Inspection of shops and schools by board
Status: in_force

Any member of the Board of Barber Examiners, or its agents or assistants, shall have authority to enter upon and to inspect any barbershop or barber school at any time during business hours.

Source: SDC 1939, § 27.1606.
S.D. Codified Laws § 36-11-72 — SD Code / Title 36 / Chapter 11 / Section 36-11-72
Telepharmacy--Promulgation of rules
Status: in_force

The board shall promulgate rules pursuant to chapter 1-26 to provide for the regulation of telepharmacy in this state. The rules must provide for:

(1) License and renewal application requirements, including:

(a) Establishment of an initial license fee and a renewal fee, each not to exceed two hundred fifty dollars;

(b) Procedures for the reinstatement of an expired license; and

(c) Establishment of a late fee for reinstating an expired license, not to exceed fifty dollars;

(2) Minimum structural, security, and equipment requirements for the remote pharmacy;

(3) Minimum staffing requirements for the central pharmacy and remote pharmacy;

(4) Record keeping requirements for the central pharmacy and remote pharmacy;

(5) Policies and procedures for the daily operation of the remote pharmacy; and

(6) Use of automated dispensing machines.

Source: SL 2007, ch 214, § 2; SL 2025, ch 154, § 31.
S.D. Codified Laws § 36-11-64 — SD Code / Title 36 / Chapter 11 / Section 36-11-64
Employment of inspectors--Inspection of licensed establishments
Status: in_force

The Board of Pharmacy may employ inspectors of pharmacy. The members of the board and inspectors of pharmacy may inspect during business hours, all establishments required to be licensed under the authority of the board.

Source: SL 1967, ch 102, § 8.
S.D. Codified Laws § 36-4E-1 — SD Code / Title 36 / Chapter 4E / Section 36-4E-1
Respiratory care licensure compact
Status: in_force

RESPIRATORY CARE INTERSTATE COMPACT

SECTION 1. TITLE AND PURPOSE

A. The purpose of this Compact is to facilitate the interstate Practice of Respiratory Therapy with the goal of improving public access to Respiratory Therapy services by providing Respiratory Therapists licensed in a Member State the ability to practice in other Member States. The Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure.

B. This Compact is designed to achieve the following objectives:

1. Increase public access to Respiratory Therapy services by creating a responsible, streamlined pathway for Licensees to practice in Member States with the goal of improving outcomes for patients;

2. Enhance States’ ability to protect the public’s health and safety;

3. Promote the cooperation of Member States in regulating the Practice of Respiratory Therapy within those Member States;

4. Ease administrative burdens on States by encouraging the cooperation of Member States in regulating multi-state Respiratory Therapy practice;

5. Support relocating Active Military Members and their spouses; and

6. Promote mobility and address workforce shortages.

SECTION 2. DEFINITIONS

As used in this Compact, unless the context requires otherwise, the following definitions shall apply:

A. "Active Military Member" means any person with a full-time duty status in the armed forces of the United States, including members of the National Guard and Reserve.

B. "Adverse Action" means any administrative, civil, equitable, or criminal action permitted by a State’s laws, which is imposed by any State authority with regulatory authority over Respiratory Therapists, such as license denial, censure, revocation, suspension, probation, monitoring of the Licensee, or restriction on the Licensee’s practice, not including participation in an Alternative Program.

C. "Alternative Program" means a non-disciplinary monitoring or practice remediation process applicable to a Respiratory Therapist approved by any State authority with regulatory authority over Respiratory Therapists. This includes, but is not limited to, programs to which Licensees with substance abuse or addiction issues are referred in lieu of Adverse Action.

D. "Charter Member States" means those Member States who were the first seven states to enact the Compact into the laws of their State.

E. "Commission" or "Respiratory Care Interstate Compact Commission" means the government instrumentality and body politic whose membership consists of all Member States that have enacted the Compact.

F. "Commissioner" means the individual appointed by a Member State to serve as the member of the Commission for that Member State.

G. "Compact" means the Respiratory Care Interstate Compact.

H. "Compact Privilege" means the authorization granted by a Remote State to allow a Licensee from another Member State to practice as a RespiratoryTherapist in the Remote State under the Remote State’s laws and Rules. ThePractice of Respiratory Therapy occurs in the Member State where the patient is located at the time of the patient encounter.

I. "Criminal Background Check" means the submission by the Member State of fingerprints or other biometric-based information on license applicants at the time of initial licensing for the purpose of obtaining that applicant’s criminal history record information, as defined in 28 C.F.R. § 20.3(d) or successor provision, from the Federal Bureau of Investigation and the State’s criminal history record repository, as defined in 28 C.F.R. § 20.3(f) or successor provision.

J. "Data System" means the Commission’s repository of information about Licensees as further set forth in Section 8.

K. "Domicile" means the jurisdiction which is the Licensee’s principal home for legal purposes.

L. "Encumbered License" means a license that a State’s Respiratory Therapy Licensing Authority has limited in any way.

M. "Executive Committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by the Commission.

N. "Home State" except as set forth in Section 5, means the Member State that is the Licensee’s primary Domicile.

O. "Home State License" means an active license to practice Respiratory Therapy in a Home State that is not an Encumbered License.

P. "Jurisprudence Requirement" means an assessment of an individual’s knowledge of the State laws and regulations governing the Practice of Respiratory Therapy in such State.

Q. "Licensee" means an individual who currently holds an authorization from the State to practice as a Respiratory Therapist.

R. "Member State" means a State that has enacted the Compact and been admitted to the Commission in accordance with the provisions herein and Commission Rules.

S. "Model Compact" means the model for the Respiratory Care Interstate Compact on file with The Council of State Governments or other entity as designated by the Commission.

T. "Remote State" means a Member State where a Licensee is exercising or seeking to exercise the Compact Privilege.

U. "Respiratory Therapist" or "Respiratory Care Practitioner" means an individual who holds a credential issued by the National Board for Respiratory Care, or its successor, and holds a license in a State to practice Respiratory Therapy. For purposes of this Compact, any other title or status adopted by a State to replace the term "Respiratory Therapist" or "Respiratory Care Practitioner" shall be deemed synonymous with "Respiratory Therapist" and shall confer the same rights and responsibilities to the Licensee under the provisions of this Compact at the time of its enactment.

V. "Respiratory Therapy," "Respiratory Therapy Practice," "Respiratory Care," "the Practice of Respiratory Care," and "the Practice of Respiratory Therapy" means the care and services provided by or under the direction and supervision of a Respiratory Therapist or Respiratory Care Practitioner.

W. "Respiratory Therapy Licensing Authority" means the agency, board, or other body of a State that is responsible for the licensing and regulation of Respiratory Therapists.

X. "Rule" means a regulation promulgated by an entity that has the force and effect

of law.

Y. "Scope of Practice" means the procedures, actions, and processes a Respiratory Therapist licensed in a State or practicing under a Compact Privilege in a State is permitted to undertake in that State and the circumstances under which the Respiratory Therapist is permitted to undertake those procedures, actions, and processes. Such procedures, actions, and processes, and the circumstances under which they may be undertaken, may be established through means including, but not limited to, statute, regulations, case law, and other processes available to the State Respiratory Therapy Licensing Authority or other government agency.

Z. "Significant Investigative Information" means information, records, and documents received or generated by a State Respiratory Therapy Licensing Authority pursuant to an investigation for which a determination has been made that there is probable cause to believe that the Licensee has violated a statute or regulation that is considered more than a minor infraction for which the State Respiratory Therapy Licensing Authority could pursue Adverse Action against the Licensee.

AA. "State" means any state, commonwealth, district, or territory of the United States.

SECTION 3. STATE PARTICIPATION IN THIS COMPACT

A. In order to participate in this Compact and thereafter continue as a Member State, a Member State shall:

1. Enact a Compact that is not materially different from the Model Compact;

2. License Respiratory Therapists;

3. Participate in the Commission’s Data System;

4. Have a mechanism in place for receiving and investigating complaints against Licensees and Compact Privilege holders;

5. Notify the Commission, in compliance with the terms of this Compact and Commission Rules, of any Adverse Action against a Licensee, a Compact Privilege holder, or a license applicant;

6. Notify the Commission, in compliance with the terms of this Compact and Commission Rules, of the existence of Significant Investigative Information;

7. Comply with the Rules of the Commission;

8. Grant the Compact Privilege to a holder of an active Home State License and otherwise meet the applicable requirements of Section 4 in a Member State; and

9. Complete a Criminal Background Check for each new Licensee at the time of initial licensure.

a. Where expressly authorized or permitted by federal law, whether such federal law is in effect prior to, at, or after the time of a Member State’s enactment of this Compact, a Member State’s enactment of this Compact shall hereby authorize the Member State’s Respiratory Therapy Licensing Authority to perform Criminal Background Checks as defined herein. The absence of such a federal law as described in this subsection shall not prevent or preclude such authorization where it may be derived or granted through means other than the enactment of this Compact.

B. Nothing in this Compact prohibits a Member State from charging a fee for granting and renewing the Compact Privilege.

SECTION 4. COMPACT PRIVILEGE

A. To exercise the Compact Privilege under the terms and provisions of the Compact, the Licensee shall:

1. Hold and maintain an active Home State License as a Respiratory Therapist;

2. Hold and maintain an active credential from the National Board for Respiratory Care, or its successor, that would qualify the Licensee for licensure in the Remote State in which the Licensee is seeking the privilege;

3. Have not had any Adverse Action against a license within the previous two years;

4. Notify the Commission that the Licensee is seeking the Compact Privilege within a Remote State(s);

5. Pay any applicable fees, including any State and Commission fees and renewal fees, for the Compact Privilege;

6. Meet any Jurisprudence Requirements established by the Remote State in which the Licensee is seeking a Compact Privilege;

7. Report to the Commission Adverse Action taken by any non-Member State within thirty days from the date the Adverse Action is taken;

8. Report to the Commission, when applying for a Compact Privilege, the address of the Licensee’s Domicile and thereafter promptly report to the Commission any change in the address of the Licensee’s Domicile within thirty days of the effective date of the change in address; and

9. Consent to accept service of process by mail at the Licensee’s Domicile on record with the Commission with respect to any action brought against the Licensee by the Commission or a Member State, and consent to accept service of a subpoena by mail at the Licensee’s Domicile on record with the Commission with respect to any action brought or investigation conducted by the Commission or a Member State.

B. The Compact Privilege is valid until the expiration date or revocation of the Home State License unless terminated pursuant to Adverse Action. The Licensee must comply with all of the requirements of Subsection A, above, to maintain the Compact Privilege in a Remote State. If those requirements are met, no Adverse Actions are taken, and the Licensee has paid any applicable Compact Privilege renewal fees, then the Licensee will maintain the Licensee’s Compact Privilege.

C. A Licensee providing Respiratory Therapy in a Remote State under the Compact Privilege shall function within the Scope of Practice authorized by the Remote State for the type of Respiratory Therapist license the Licensee holds. Such procedures, actions, processes, and the circumstances under which they may be undertaken may be established through means, including, but not limited to, statute, regulations, case law, and other processes available to the State Respiratory Therapy Licensing Authority or other government agency.

D. If a Licensee’s Compact Privilege in a Remote State is removed by the Remote State, the individual shall lose or be ineligible for the Compact privilege in that Remote State until the Compact Privilege is no longer limited or restricted by that State.

E. If a Home State License is encumbered, the Licensee shall lose the Compact Privilege in all Remote States until the following occur:

1. The Home State License is no longer encumbered; and

2. Two years have elapsed from the date on which the license is no longer encumbered due to the Adverse Action.

F. Once a Licensee with a restricted or limited license meets the requirements of Subsection E.1 and 2, the Licensee must also meet the requirements of Subsection A to obtain a Compact Privilege in a Remote State.

SECTION 5. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES

A. An Active Military Member, or the member's spouse, shall designate a Home State where the individual has a current license in good standing. The individual may retain the Home State designation during the period the service member is on active duty.

B. An Active Military Member and the member's spouse shall not be required to pay to the Commission for a Compact Privilege any fee that may otherwise be charged by the Commission. If a Remote State chooses to charge a fee for a Compact Privilege, it may choose to charge a reduced fee or no fee to an Active Military Member and the member's spouse for a Compact Privilege.

SECTION 6. ADVERSE ACTIONS

A. A Member State in which a Licensee is licensed shall have authority to impose Adverse Action against the license issued by that Member State.

B. A Member State may take Adverse Action based on Significant Investigative Information of a Remote State or the Home State, so long as the Member State follows its own procedures for imposing Adverse Action.

C. Nothing in this Compact shall override a Member State’s decision that participation in an Alternative Program may be used in lieu of Adverse Action and that such participation shall remain non-public if required by the Member State’s laws.

D. A Remote State shall have the authority to:

1. Take Adverse Actions as set forth herein against a Licensee’s Compact Privilege in that State;

2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence.

a. Subpoenas may be issued by a Respiratory Therapy Licensing Authority in a Member State for the attendance and testimony of witnesses and the production of evidence.

b. Subpoenas issued by a Respiratory Therapy Licensing Authority in a Member State for the attendance and testimony of witnesses shall be enforced in the latter State by any court of competent jurisdiction in the latter State, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it.

c. Subpoenas issued by a Respiratory Therapy Licensing Authority in a Member State for production of evidence from another Member State shall be enforced in the latter State, according to the practice and procedure of that court applicable to subpoenas issued in the proceedings pending before it.

d. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State where the witnesses or evidence are located;

3. Unless otherwise prohibited by State law, recover from the Licensee the costs of investigations and disposition of cases resulting from any Adverse Action taken against that Licensee;

E. Notwithstanding subsection D.2., a Member State may not issue a subpoena to gather evidence of conduct in another Member State that is lawful in such other Member State for the purpose of taking Adverse Action against a Licensee’s Compact Privilege or application for a Compact Privilege in that Member State; and

F. Nothing in this Compact authorizes a Member State to impose discipline against a Respiratory Therapist’s Compact Privilege in that Member State for the individual’s otherwise lawful practice in another State.

G. Joint Investigations

1. In addition to the authority granted to a Member State by its respective Respiratory Therapy Practice act or other applicable state law, a Member State may participate with other Member States in joint investigations of Licensees, provided, however, that a Member State receiving such a request has no obligation to respond to any subpoena issued regarding an investigation of conduct or practice that was lawful in a Member State at the time it was undertaken.

2. Member States shall share any Significant Investigative Information, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact. In sharing such information between Member State Respiratory Therapy Licensing Authorities, all information obtained shall be kept confidential, except as otherwise mutually agreed upon by the sharing and receiving Member State(s).

H. Nothing in this Compact may permit a Member State to take any Adverse Action against a Licensee or holder of a Compact Privilege for conduct or practice that was legal in the Member State at the time it was undertaken.

I. Nothing in this Compact may permit a Member State to take disciplinary action against a Licensee or holder of a Compact Privilege for conduct or practice that was legal in the Member State at the time it was undertaken.

SECTION 7. ESTABLISHMENT OF THE RESPIRATORY CARE INTERSTATE COMPACT COMMISSION

A. The Compact Member States hereby create and establish a joint government agency whose membership consists of all Member States that have enacted the Compact known as the Respiratory Care Interstate Compact Commission. The Commission is an instrumentality of the Compact Member States acting jointly and not an instrumentality of any one State. The Commission shall come into existence on or after the effective date of the Compact, as set forth in Section 11.

B. Membership, Voting, and Meetings

1. Each Member State shall have and be limited to one Commissioner selected by that Member State’s Respiratory Therapy Licensing Authority.

2. The Commissioner shall be an administrator or the administrator's designated staff member of the Member State’s Respiratory Therapy Licensing Authority.

3. The Commission shall by Rule or bylaw establish a term of office for Commissioners and may by Rule or bylaw establish term limits.

4. The Commission may recommend to a Member State the removal or suspension of any Commissioner from office.

5. A Member State’s Respiratory Therapy Licensing Authority shall fill any vacancy of its Commissioner occurring on the Commission within sixty days of the vacancy.

6. Each Commissioner shall be entitled to one vote on all matters before the Commission requiring a vote by Commissioners.

7. A Commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for Commissioners to meet by telecommunication, videoconference, or other means of communication.

8. The Commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws.

C. The Commission shall have the following powers:

1. Establish and amend the fiscal year of the Commission;

2. Establish and amend bylaws and policies, including but not limited to, a code of conduct and conflicts of interest;

3. Establish and amend Rules, which shall be binding in all Member States;

4. Maintain its financial records in accordance with the bylaws;

5. Meet and take such actions as are consistent with the provisions of this Compact, the Commission’s Rules, and the bylaws;

6. Initiate and conduct legal proceedings or actions in the name of the Commission, provided that the standing of any Respiratory Therapy Licensing Authority to sue or be sued under applicable law shall not be affected;

7. Maintain and certify records and information provided to a Member State as the authenticated business records of the Commission, and designate an agent to do so on the Commission’s behalf;

8. Purchase and maintain insurance and bonds;

9. Accept or contract for services of personnel, including, but not limited to, employees of a Member State;

10. Conduct an annual financial review;

11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

12. Assess and collect fees;

13. Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times:

a. The Commission shall avoid any appearance of impropriety; and

b. The Commission shall avoid any appearance of conflict of interest;

14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;

15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

16. Establish a budget and make expenditures;

17. Borrow money in a fiscally responsible manner;

18. Appoint committees, including standing committees, composed of Commissioners, State regulators, State legislators or their representatives, consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;

19. Provide and receive information from, and cooperate with, law enforcement agencies;

20. Establish and elect an Executive Committee, including a chair, vice-chair, secretary, treasurer, and such other offices as the Commission shall establish by Rule or bylaw;

21. Enter into contracts or arrangements for the management of the affairs of the Commission;

22. Determine whether a State’s adopted language is materially different from the Model Compact language such that the State would not qualify for participation in the Compact; and

23. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact.

D. The Executive Committee

1. The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact. The powers, duties, and responsibilities of the Executive Committee shall include:

a. Overseeing the day-to-day activities of the administration of the Compact, including enforcement and compliance with the provisions of the Compact, its Rules and bylaws, and other such duties as deemed necessary;

b. Recommending to the Commission changes to the Rules or bylaws, changes to this Compact legislation, fees charged to Compact Member States, fees charged to Licensees, and other fees;

c. Ensuring Compact administration services are appropriately provided, including by contract;

d. Preparing and recommending the budget;

e. Maintaining financial records on behalf of the Commission;

f. Monitoring Compact compliance of Member States and providing compliance reports to the Commission;

g. Establishing additional committees as necessary;

h. Exercising the powers and duties of the Commission during the interim between Commission meetings, except for adopting or amending Rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Commission by Rule or bylaw; and

i. Performing other duties as provided in the Rules or bylaws of the Commission.

2. The Executive Committee shall be composed of up to nine members, as further set forth in the bylaws of the Commission:

a. Seven voting members who are elected by the Commission from the current membership of the Commission; and

b. Two ex-officio, non-voting members.

3. The Commission may remove any member of the Executive Committee as provided in the Commission’s bylaws.

4. The Executive Committee shall meet at least annually.

a. Executive Committee meetings shall be open to the public, except that the Executive Committee may meet in a closed, non-public meeting as provided in subsection F.4 below;

b. The Executive Committee shall give advance notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the Commission; and

c. The Executive Committee may hold a special meeting in accordance with subsection F.2 below.

E. The Commission shall adopt and provide to the Member States an annual report.

F. Meetings of the Commission

1. All meetings of the Commission that are not closed pursuant to subsection 7.F.4 shall be open to the public. Notice of public meetings shall be posted on the Commission’s website at least thirty days prior to the public meeting.

2. Notwithstanding subsection 7.F.1, the Commission may convene an emergency public meeting by providing at least twenty-four hours prior notice on the Commission’s website, and any other means as provided in the Commission’s Rules, for any of the reasons it may dispense with notice of proposed rulemaking under subsection 9.G. The Commission’s legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met.

3. Notice of all Commission meetings shall provide the time, date, and location of the meeting, and if the meeting is to be held or accessible via telecommunication, video conference, or other electronic means, the notice shall include the mechanism for access to the meeting.

4. The Commission or the Executive Committee may convene in a closed, nonpublic meeting for the Commission or Executive Committee to receive or solicit legal advice or to discuss:

a. Non-compliance of a Member State with its obligations under the Compact;

b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees;

c. Current or threatened discipline of a Licensee or Compact Privilege holder by the Commission or by a Member State’s Respiratory Therapy Licensing Authority;

d. Current, threatened, or reasonably anticipated litigation;

e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

f. Accusing any person of a crime or formally censuring any person;

g. Trade secrets or commercial or financial information that is privileged or confidential;

h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

i. Investigative records compiled for law enforcement purposes;

j. Information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact;

k. Legal advice;

l. Matters specifically exempted from disclosure by federal or Member State law; or

m. Other matters as promulgated by the Commission by Rule.

5. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.

6. The Commission shall keep minutes in accordance with Commission Rules and bylaws. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.

G. Financing of the Commission

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

2. The Commission may accept any and all appropriate revenue sources as provided herein.

3. The Commission may levy on and collect an annual assessment from each Member State and impose fees on Licensees of Member States to whom it grants a Compact Privilege to cover the cost of the operations and activities of the Commission and its staff. The aggregate annual assessment amount for Member States, if any, shall be allocated based upon a formula that the Commission shall promulgate by Rule.

4. The Commission shall not incur obligations of any kind prior to securing the funds or a loan adequate to meet the same; nor shall the Commission pledge the credit of any of the Member States, except by and with the authority of the Member State.

5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the Commission.

H. Qualified Immunity, Defense, and Indemnification

1. Nothing herein shall be construed as a limitation on the liability of any Licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.

2. The Member States, Commissioners, officers, executive directors, employees, and agents of the Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Commission shall not in any way compromise or limit the immunity granted hereunder.

3. The Commission shall defend any Commissioner, officer, executive director, employee, and agent of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.

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

5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member State’s state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or anticompetitive law or regulation.

6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the Member States or by the Commission.

SECTION 8. DATA SYSTEM

A. The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, Adverse Action, and the presence of Significant Investigative Information.

B. Notwithstanding any other provision of State law to the contrary, a Member State shall submit a uniform data set to the Data System as required by the Rules of the Commission, including but not limited to:

1. Identifying information;

2. Licensure data;

3. Adverse Actions against a Licensee, license applicant, or Compact Privilege holder and information related thereto;

4. Non-confidential information related to Alternative Program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under Member State law;

5. Any denial of application for licensure, and the reason(s) for such denial;

6. The presence of current Significant Investigative Information; and

7. Other information that may facilitate the administration of this Compact or the protection of the public, as determined by the Rules of the Commission.

C. No Member State shall submit any information which constitutes criminal history record information, as defined by applicable federal law, to the Data System established hereunder.

D. The records and information provided to a Member State pursuant to this Compact or through the Data System, when certified by the Commission or an agent thereof, shall constitute the authenticated business records of the Commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a Member State.

E. Significant Investigative Information pertaining to a Licensee in any Member State will only be available to other Member States.

F. It is the responsibility of the Member States to report any Adverse Action against a Licensee and to monitor the database to determine whether Adverse Action has been taken against a Licensee. Adverse Action information pertaining to a Licensee in any Member State will be available to any other Member State.

G. Member States contributing information to the Data System may designate information that may not be shared with the public without the express permission of the contributing State.

H. Any information submitted to the Data System that is subsequently expunged pursuant to federal law or the laws of the Member State contributing the information shall be removed from the Data System.

SECTION 9. RULEMAKING

A. The Commission shall promulgate reasonable Rules in order to effectively and efficiently implement and administer the purposes and provisions of the Compact. A Rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the Rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the Compact, or the powers granted hereunder, or based upon another applicable standard of review.

B. For purposes of the Compact, the Rules of the Commission shall have the force of law in each Member State.

C. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the Rules adopted thereunder. Rules shall become binding as of the date specified in each Rule.

D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member State.

E. Rules shall be adopted at a regular or special meeting of the Commission.

F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.

G. Prior to adoption of a proposed Rule by the Commission, and at least thirty days in advance of the meeting at which the Commission will hold a public hearing on the proposed Rule, the Commission shall provide a notice of proposed rulemaking:

1. On the website of the Commission or other publicly accessible platform;

2. To persons who have requested notice of the Commission’s notices of proposed rulemaking, and

3. In such other way(s) as the Commission may by Rule specify.

H. The notice of proposed rulemaking shall include:

1. The time, date, and location of the public hearing at which the Commission will hear public comments on the proposed Rule and, if different, the time, date, and location of the meeting where the Commission will consider and vote on the proposed Rule;

2. If the hearing is held via telecommunication, video conference, or other electronic means, the mechanism for access to the hearing;

3. The text of the proposed Rule and the reason therefor;

4. A request for comments on the proposed Rule from any interested person; and

5. The manner in which interested persons may submit written comments.

I. All hearings will be recorded. A copy of the recording and all written comments and documents received by the Commission in response to the proposed Rule shall be available to the public.

J. Nothing in this section shall be construed as requiring a separate hearing on each Rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

K. The Commission shall, by majority vote of all Commissioners, take final action on the proposed Rule based on the rulemaking record and the full text of the Rule.

1. The Commission may adopt changes to the proposed Rule provided the changes are consistent with the original purpose of the proposed Rule.

2. The Commission shall provide an explanation of the reasons for substantive changes made to the proposed Rule as well as reasons for substantive changes not made that were recommended by commenters.

3. The Commission shall determine a reasonable effective date for the Rule. Except for an emergency as provided in Section 9.L, the effective date of the Rule shall be no sooner than thirty days after issuing the notice that it adopted or amended the Rule.

L. Upon determination that an emergency exists, the Commission may consider and adopt an emergency Rule with twenty-four hours’ notice, and with opportunity to comment, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or welfare;

2. Prevent a loss of Commission or Member State funds;

3. Meet a deadline for the promulgation of a Rule that is established by federal law or Rule; or

4. Protect public health and safety.

M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted Rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made in writing and delivered to the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

N. No Member State’s rulemaking process or procedural requirements shall apply to the Commission.

1. The Commission shall have no authority over any Member State’s rulemaking process or procedural requirements that do not pertain to the Compact.

O. Nothing in this Compact, nor any Rule or regulation of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a Member State to enact and enforce laws, regulations, or other Rules related to the Practice of Respiratory Therapy in that State, where those laws, regulations, or other Rules are not inconsistent with the provisions of this Compact.

SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A. Oversight

1. The executive and judicial branches of State government in each Member State shall enforce this Compact and take all actions necessary and appropriate to implement the Compact.

2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a Licensee for professional malpractice, misconduct, or any such similar matter.

3. The Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission service of process shall render a judgment or order void as to the Commission, this Compact, or promulgated Rules.

B. Default, Technical Assistance, and Termination

1. If the Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall provide written notice to the defaulting State. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the Commission may take, and shall offer training and specific technical assistance regarding the default.

2. The Commission shall provide a copy of the notice of default to the other Member States.

C. If a State in default fails to cure the default, the defaulting State may be terminated from the Compact upon an affirmative vote of a majority of the Commissioners of the Member States, and all rights, privileges, and benefits conferred on that State by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default.

D. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State’s legislature, the defaulting State’s Respiratory Therapy Licensing Authority, and each of the Member States’ Respiratory Therapy Licensing Authorities.

E. A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination, if necessary.

F. Upon the termination of a State’s membership from this Compact, that State shall immediately provide notice to all Licensees and Compact Privilege holders, of which the Commission has a record, within that State of such termination. The terminated State shall continue to recognize all licenses granted pursuant to this Compact for a minimum of one hundred eighty days after the date of said notice of termination.

G. The Commission shall not bear any costs related to a State that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting State.

H. The defaulting State may appeal the action of the Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

I. Dispute Resolution

1. Upon request by a Member State, the Commission shall attempt to resolve disputes related to the Compact that arise among Member States and between Member and non-Member States.

2. The Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes, as appropriate.

J. Enforcement

1. By majority vote, as may be further provided by Rule, the Commission may initiate legal action against a Member State in default in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated Rules. A Member State by enactment of this Compact consents to venue and jurisdiction in such court for the purposes set forth herein. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or the defaulting Member State’s law.

2. A Member State may initiate legal action against the Commission in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

3. No person other than a Member State shall enforce this Compact against the Commission.

SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT

A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the seventh Member State ("Effective Date").

1. On or after the Effective Date of the Compact, the Commission shall convene and review the enactment of each of the first seven Member States ("Charter Member States") to determine if the statute enacted by each such Charter Member State is materially different than the Model Compact.

a. A Charter Member State whose enactment is found to be materially different from the Model Compact shall be entitled to the default process set forth in Section 10.

b. If any Member State is later found to be in default, or is terminated or withdraws from the Compact, the Commission shall remain in existence and the Compact shall remain in effect even if the number of Member States should be less than seven.

2. Member States enacting the Compact subsequent to the seven initial Charter Member States shall be subject to the process set forth herein and Commission Rule to determine if their enactments are materially different from the Model Compact and whether they qualify for participation in the Compact.

3. All actions taken for the benefit of the Commission or in furtherance of the purposes of the administration of the Compact prior to the effective date of the Compact or the Commission coming into existence shall be considered to be actions of the Commission unless specifically repudiated by the Commission. The Commission shall own and have all rights to any intellectual property developed on behalf or in furtherance of the Commission by individuals or entities involved in organizing or establishing the Commission, as may be further set forth in Rules of the Commission.

4. Any State that joins the Compact subsequent to the Commission’s initial adoption of the Rules and bylaws shall be subject to the Rules and bylaws as they exist on the date on which the Compact becomes law in that State. Any Rule that has been previously adopted by the Commission shall have the full force and effect of law on the date the Compact becomes law in that State.

B. Any Member State may withdraw from this Compact by enacting a statute repealing the same.

1. A Member State’s withdrawal shall not take effect until one hundred eighty days after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of the withdrawing State’s Respiratory Therapy Licensing Authority to comply with the investigative and Adverse Action reporting requirements of this Compact prior to the effective date of withdrawal.

3. Upon the enactment of a statute withdrawing from this Compact, a State shall immediately provide notice of such withdrawal to all Licensees and Compact Privilege holders, of which the Commission has a record, within that State. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing State shall continue to recognize all licenses granted pursuant to this Compact for a minimum of one hundred eighty days after the date of such notice of withdrawal.

C. Nothing contained in this Compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a Member State and a non-Member State that does not conflict with the provisions of this Compact.

D. This Compact may be amended by the Member States. No amendment to this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member States.

SECTION 12. CONSTRUCTION AND SEVERABILITY

A. This Compact and the Commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of Rules shall not be construed to limit the Commission’s rulemaking authority solely for those purposes.

B. The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any Member State, a State seeking participation in the Compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby.

C. Notwithstanding subsection B of this section, the Commission may deny a State’s participation in the Compact or, in accordance with the requirements of Section 10, terminate a Member State’s participation in the Compact, if it determines that a constitutional requirement of a Member State is a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any Member State, the Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters.

SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS

A. Nothing herein shall prevent or inhibit the enforcement of any other law of a Member State that is not inconsistent with the Compact.

B. Any laws, statutes, regulations, or other legal requirements in a Member State in conflict with the Compact are superseded to the extent of the conflict, including any subsequently enacted State laws.

C. All permissible agreements between the Commission and the Member States are binding in accordance with their terms.

D. Other than as expressly set forth herein, nothing in this Compact will impact initial licensure.

Source: SL 2026, ch 157, § 2.
S.D. Codified Laws § 36-11-2 — SD Code / Title 36 / Chapter 11 / Section 36-11-2
Definition of terms--Promulgation of rules
Status: in_force

Terms used in this chapter mean:

(1) "Biological product," as defined in 42 U.S.C. § 262(i), (January 1, 2018);

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

(3) "Brand name," the proprietary or registered trademark name given to a drug product by its manufacturer, labeler, or distributor and placed on the drug or on its container, label, or wrapping at the time of packaging;

(4) "Compounding," the preparation, mixing, assembling, packaging, or labeling of a drug or drug device, as the result of a practitioner's prescription drug order or an initiative based on the pharmacist, patient, and practitioner relationship in the course of professional practice, or for the purpose of or as an incident to research, teaching, or chemical analysis, and not for sale or dispensing. The term also includes the preparation of drug or drug devices in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns;

(5) "Delivery," the actual, constructive, or attempted transfer of a drug or drug device from one person to another, whether or not for a consideration;

(6) "Dispensing," the preparation and delivery of a drug to a patient or a patient's agent pursuant to a prescription drug order in a suitable container with appropriate labeling for subsequent administration to or use by a patient. The term includes preparation of labels for drug devices if the labeling is related to the dosage and administration of drugs;

(7) "Distributing," the delivery of a drug or drug device other than by administration or dispensing;

(8) "Drug administration," the direct application of a drug or drug device by injection, inhalation, ingestion, or any other means to the body of a patient or research subject;

(9) "Drug device," equipment, a process, a biotechnological entity, a diagnostic agent, or other product used in combination with a drug to provide effective management of medication regimens;

(10) "Equivalent drug product," a drug product, other than a biological product, that is considered to be therapeutically equivalent to other pharmaceutically equivalent products as determined by the edition of Approved Drug Products with Therapeutic Equivalence Evaluations adopted by the board through rules promulgated pursuant to chapter 1-26 ;

(11) "Interchangeable biological product," a biological product that the United States Food and Drug Administration either has licensed and determined meets the standards for interchangeability pursuant to 42 U.S.C. § 262(k)(4), (January 1, 2018), or has determined is therapeutically equivalent, as set forth in the edition of Approved Drug Products with Therapeutic Equivalence Evaluations as adopted by the board through rules promulgated pursuant to chapter 1-26 ;

(12) "Labeling," the process of preparing and affixing a label to any drug or drug device container exclusive of the labeling by the manufacturer, packer, or distributor of a nonprescription drug or commercially packaged legend drug or drug device;

(13) "Medicines," drugs or chemicals, or their preparations, in suitable form for the prevention, relief, or cure of diseases when used either internally or externally by man or for animals;

(14) "Nonprescription drugs," drugs that are labeled for use by the general public in accordance with 21 U.S.C. § 352 (January 1, 2025), and may be sold without a prescription drug order in accordance with 21 U.S.C. § 353 (January 1, 2025). The term does not include drugs that are required by federal law to bear the statement "Caution: federal law prohibits dispensing without prescription," drugs intended for human use by hypodermic injection, or animal remedies regulated by chapter 39-18 ;

(15) "Patient counseling," oral communication by the pharmacist of information to the patient or caregiver to improve therapy by ensuring proper use of drugs and drug devices;

(16) "Pharmaceutical care," provision of drug therapy and other pharmaceutical patient care services intended to achieve outcomes related to curing or preventing a disease, eliminating or reducing a patient's symptoms, or arresting or slowing a disease process;

(17) "Pharmacist," a person licensed by the board to engage in the practice of pharmacy;

(18) "Pharmacist-in-charge," a pharmacist designated by a pharmacy owner to assume full legal responsibility for all professional and facility operations;

(19) "Pharmacy," any place of business within or outside this state where drugs are dispensed and pharmaceutical care is provided to residents of this state;

(20) "Practitioner," a person licensed, registered, or otherwise authorized by the jurisdiction in which the person is practicing to prescribe drugs in the course of professional practice;

(21) "Prescription drug order," a written or oral order of a practitioner for a drug or drug device for a specific patient;

(22) "Proper name," the nonproprietary name for a biological product designated by the United States Food and Drug Administration license for use upon each package of the product; and

(23) "Registered pharmacy technician," a person registered by the board who is employed by a pharmacy to assist pharmacists in the practice of pharmacy by performing specific tasks delegated by and under the immediate personal supervision and control of a pharmacist, as permitted by the board.

Source: SDC 1939, § 27.1001; SL 1967, ch 102, § 2; SL 1973, ch 244, §§ 1, 6; SL 1974, ch 249; SL 1978, ch 271, § 2; SL 1983, ch 271; SL 1986, ch 306, § 3; SL 1986, ch 310; SL 1990, ch 306, § 1; SL 1992, ch 270, § 1; SL 1993, ch 277, § 1; SL 1993, ch 278, § 4; SL 1997, ch 216, § 1; SL 2003, ch 203, § 1; SL 2004, ch 248, § 1; SL 2012, ch 194, § 9; SL 2018, ch 231, § 1; SL 2025, ch 154, § 2; SL 2026, ch 158, § 1.
S.D. Codified Laws § 36-29-17 — SD Code / Title 36 / Chapter 29 / Section 36-29-17
Promulgation of rules--Practice standards, ethics, administration
Status: in_force

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

(1) Set standards for the professional practice of athletic trainers;

(2) Establish a code of ethics for athletic trainers; and

(3) Establish other rules as may be reasonably necessary for the administration of this chapter and to carry out its purpose.

Source: SL 1984, ch 255, § 17; SL 2024, ch 162, § 10.
S.D. Codified Laws § 36-34-11 — SD Code / Title 36 / Chapter 34 / Section 36-34-11
Immunity of board and agents from personal liability
Status: in_force

The board, its members, and its agents are immune from personal liability for actions taken in good faith in the discharge of the board's responsibilities, and the state shall hold the board, its members, and its agents harmless from all costs, damages, and attorney fees arising from claims and suits against them with respect to matters to which such immunity applies.

Source: SL 2004, ch 253, § 12; SL 2013, ch 183, § 7.
S.D. Codified Laws § 36-20B-69 — SD Code / Title 36 / Chapter 20B / Section 36-20B-69
Liability of licensee for act committed in another state
Status: in_force

A licensee of this state offering or rendering services or using their CPA title in another state is subject to disciplinary action in this state for an act committed in another state for which the licensee would be subject to discipline for an act committed in the other state. Notwithstanding the provisions in this chapter, the board shall investigate any complaint made by the board of accountancy of another state.

Source: SL 2002, ch 179, § 70.
S.D. Codified Laws § 36-10-44 — SD Code / Title 36 / Chapter 10 / Section 36-10-44
Procedure on cancellation, revocation or suspension
Status: in_force

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

Source: SL 1972, ch 205, § 20; revised pursuant to SL 1972, ch 15, § 4.
S.D. Codified Laws § 36-21A-120 — SD Code / Title 36 / Chapter 21A / Section 36-21A-120
Group insurance coverage authorized--Independent errors and omissions coverage
Status: in_force

The Real Estate Commission may negotiate by bid with an insurance provider for a group policy under which coverage is available to all licensees with no right on the part of the insurer to cancel any licensee. Any licensee may obtain errors and omissions insurance independently if the coverage complies with the minimum requirements established by the commission.

Source: SL 1993, ch 288, § 2.
S.D. Codified Laws § 36-10-18.6 — SD Code / Title 36 / Chapter 10 / Section 36-10-18.6
State Board of Physical Therapy--Member removal
Status: in_force

The Governor may remove a member of the State Board of Physical Therapy for misconduct, incompetence, or neglect of duty.

The Governor shall remove a member who ceases to possess the qualifications required by § 36-10-18.4 .

Source: SL 2023, ch 136, § 6.
S.D. Codified Laws § 36-4C-2 — SD Code / Title 36 / Chapter 4C / Section 36-4C-2
Respiratory care defined
Status: in_force

Respiratory care is the treatment, management, diagnostic testing, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system and associated aspects of other systems. Respiratory care includes observing, assessing, and monitoring signs, symptoms, reactions, general behavior, and general physical response of individuals to respiratory care, including determination of whether those signs, symptoms, reactions, behaviors, or general physical response exhibit abnormal characteristics; the administration of pharmacological, diagnostic, and therapeutic agents related to respiratory care; the administration of analgesic agents by subcutaneous injection or inhalation for performance of respiratory care procedures; the collection of blood specimens and other bodily fluids and tissues for, and the performance of, cardiopulmonary diagnostic testing procedures including blood gas analysis; the insertion of maintenance of artificial airways; the insertion of devices to analyze, infuse, or monitor pressure in arterial, capillary, or venous blood; development, implementation, and modification of respiratory care treatment plans based on assessment of the cardio - respiratory system, respiratory care protocols, clinical pathways, referrals and written, verbal, or telecommunicated orders of a physician; application, operation, and management of mechanical ventilatory support and other means of life support; hyper baric oxygen medicine; advances in the art of techniques of respiratory care learned through formal or specialized training; and the initiation of emergency procedures.

Source: SL 1993, ch 273, § 2; SL 2004, ch 245, § 2.
S.D. Codified Laws § 36-10-46 — SD Code / Title 36 / Chapter 10 / Section 36-10-46
Appeal from decision of board
Status: in_force

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

Source: SL 1972, ch 205, § 24; revised pursuant to SL 1972, ch 15, § 4; SL 2023, ch 136, § 28.
S.D. Codified Laws § 36-18A-62 — SD Code / Title 36 / Chapter 18A / Section 36-18A-62
Service of cease and desist order
Status: in_force

Service of the order is effective if the order is served on the person or counsel of record personally or by certified mail to the most recent address provided to the board for the person or counsel of record. Unless otherwise agreed by the board and the person requesting the hearing, the hearing shall be held no later than ninety days after the request for the hearing is received by the board.

Source: SL 1999, ch 195, § 62.
S.D. Codified Laws § 36-4-20.2 — SD Code / Title 36 / Chapter 4 / Section 36-4-20.2
Petition and application for locum tenens certificate--Fee--Personal appearance required
Status: in_force

A certificate for locum tenens practice may be issued by the Board of Examiners to an applicant who is a current holder of a valid license to practice medicine or osteopathy in any state or territory of the United States, the District of Columbia, or province of Canada, or who has graduated and received a diploma from an approved medical or osteopathic college and who has completed at least one year of an approved internship or residency program or its equivalent. If such applicant is not the holder of a currently valid license to practice medicine or osteopathy, as heretofore stated, the board may grant such certificate only after the applicant has satisfactorily passed a special examination for locum tenens certificate administered by the board. To obtain a locum tenens certificate, a petition shall be presented to the board signed under oath, by a licensed physician practicing in this state and by the applicant requesting a locum tenens certificate which petition shall set forth the reasons why the applicant should be issued a locum tenens certificate. In addition to the petition, the locum tenens applicant shall complete and submit to the board the application required by § 36-4-19 accompanied by a fee of not to exceed fifty dollars made payable to the secretary of the board and appear personally at the office of the South Dakota State Board of Medical and Osteopathic Examiners or at the office of a member of the board. The application fee provided for in this section shall be set by the board by rule promulgated pursuant to chapter 1-26 .

Source: SDC Supp 1960, § 27.0308A as enacted by SL 1969, ch 105, § 7; SL 1973, ch 241, § 11; SL 2008, ch 191, § 3.
S.D. Codified Laws § 36-18A-63 — SD Code / Title 36 / Chapter 18A / Section 36-18A-63
Report issued after hearing--Further order
Status: in_force

The board or administrative law judge shall issue a report within thirty days of the close of the contested case hearing record. Within thirty days after the report and any exceptions to it, the board shall issue a further order vacating, modifying, or making permanent the cease and desist orders as the facts require.

Source: SL 1999, ch 195, § 63.
S.D. Codified Laws § 36-4-29 — SD Code / Title 36 / Chapter 4 / Section 36-4-29
Grounds for cancellation, revocation, suspension or limitation of license, resident license, or certificate
Status: in_force

The Board of Examiners may cancel, revoke, suspend, or limit the license, resident license, or certificate of any physician or surgeon issued under this chapter upon satisfactory proof by a preponderance of the evidence in compliance with chapter 1-26 of such a licensee's, resident licensee's, or certificate holder's professional incompetence, or unprofessional or dishonorable conduct, or proof of a violation of this chapter in any respect. However, the board may not base a finding of unprofessional or dishonorable conduct solely on the basis that a licensee, resident licensee, or certificate holder practices chelation therapy.

For the purposes of this section, professional incompetence is a deviation from the statewide standard of competence, which is that minimum degree of skill and knowledge necessary for the performance of characteristic tasks of a physician or surgeon in at least a reasonably effective way.

Source: SDC 1939, § 27.0306; SL 1949, ch 106, § 9; SL 1957, ch 116; SDC Supp 1960, § 27.0310; SL 1969, ch 105, § 3; SL 1985, ch 297, § 18; SL 1992, ch 265, § 3; SL 1993, ch 272; SL 2004, ch 243, § 1; SL 2009, ch 178, § 9; SL 2013, ch 172, § 10.
S.D. Codified Laws § 36-18A-32 — SD Code / Title 36 / Chapter 18A / Section 36-18A-32
Oral interview--Failure to provide information as grounds for disciplinary action--Interpretation of experience and education
Status: in_force

The board may require the applicant to appear for an oral interview if there are questions as to the depth, extent, and quality of any experience. Failure to supply additional evidence or information within thirty days from the date of a written request from the board, or failure to appear before the board if an appearance is requested, may be considered cause for disciplinary action or disapproval of an application. The board shall interpret qualifying experience and education according to the following:

(1) Qualifying experience is diversified, general practice experience of a progressive degree of difficulty, magnitude, and responsibility under proper professional guidance and supervision of licensed persons;

(2) For partially completed work in accredited or approved degree granting curriculums, education credit of three - fourths of a year may be allowed for each thirty semester hours of study. For work in vocational or trade schools, education credit of one - half of a year may be allowed for each thirty semester hours of study;

(3) Education from foreign schools shall be evaluated with accredited programs in the United States, and experience in foreign employment under licensed persons shall be evaluated by the board;

(4) Qualifying experience under proper professional guidance and supervision of licensed persons gained in work experience with governmental agencies, the military, construction, sales, and industry requiring the application of skills normally taught in the schools of engineering, science, architecture, or land surveying may be evaluated by the board. The board shall give credit for experience as warranted;

(5) Teaching at the junior year level and above of engineering, science, architectural, landscape architectural, and land surveying courses in accredited or approved curriculums is acceptable experience for a maximum of one year.

Source: SL 1999, ch 195, § 32.
S.D. Codified Laws § 36-24-29.2 — SD Code / Title 36 / Chapter 24 / Section 36-24-29.2
Suspended license--Revoked license--Probation--Promulgation of rule
Status: in_force

A suspended license is subject to expiration and may be renewed as provided in this chapter, but such renewal does not entitle the licensee, while the license remains suspended and until the license is reinstated, to engage in the licensed activity or in any other conduct or activity in violation of the order of judgment by which the license was suspended.

If, after disciplinary action, a license is reinstated after its expiration, the licensee, as a condition of reinstatement, must pay a reinstatement fee equal to the renewal fee in effect on the last regular renewal date immediately preceding the date of reinstatement, plus any late fee set by the board by rule, promulgated pursuant to chapter 1-26 , not to exceed one hundred dollars. A licensee who seeks to reinstate a license after disciplinary action must apply to the board.

If a licensee is placed on probation, the board may require the license holder to:

(1) Report regularly to the board on matters that are the basis of the probation;

(2) Limit practice to areas prescribed by the board; or

(3) Order or review continuing education until the licensee attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.

Source: SL 1997, ch 221, § 39; SL 2008, ch 191, § 53; SL 2024, ch 159, § 20.
S.D. Codified Laws § 36-21A-24 — SD Code / Title 36 / Chapter 21A / Section 36-21A-24
Real estate courses and institutes conducted by commission
Status: in_force

The commission may conduct, hold or assist in conducting or holding real estate courses or institutes, and incur and pay the necessary expenses in connection therewith, which courses or institutes shall be open to the licensees. The commission may charge a reasonable fee for such courses and institutes.

Source: SL 1992, ch 273, § 24.
S.D. Codified Laws § 36-4-26 — SD Code / Title 36 / Chapter 4 / Section 36-4-26
Hospital and society liability not affected by immunity
Status: in_force

Section 36-4-25 shall not be construed to confer immunity from liability on any professional society or hospital. In any case in which, but for the enactment of § 36-4-25 , a cause of action would arise against a hospital or professional society, such cause of action shall exist as if said section had not been enacted.

Source: SL 1966, ch 151.
S.D. Codified Laws § 36-15-9 — SD Code / Title 36 / Chapter 15 / Section 36-15-9
Fees paid in advance--Use by commission
Status: in_force

All fees provided for in this chapter shall be paid in advance to the secretary - treasurer of the State Cosmetology Commission, and shall be kept by the commission to pay its necessary expenses including the paying of any additional assistance required by the commission in performing its functions as set forth in this chapter.

Source: SDC 1939, § 27.1515; SL 1957, ch 118, § 1; SL 1972, ch 206, § 7.
S.D. Codified Laws § 36-10B-5 — SD Code / Title 36 / Chapter 10B / Section 36-10B-5
Nutrition or dietetics practice--Nutrition care services
Status: in_force

A practice in nutrition or dietetics involves the integration and application of scientific principles of food, nutrition, biochemistry, physiology, management, and behavioral and social science to achieve and maintain the health of people. The primary function of a nutrition and dietetic practice is the provision of the following nutrition care services:

(1) Assessing the nutritional needs of individuals and groups;

(2) Establishing priorities, goals, and objectives that meet nutritional needs;

(3) Providing nutrition counseling in health and disease;

(4) Developing, implementing, and managing nutrition care systems; and

(5) Evaluating, making changes in, and maintaining appropriate standards of quality in nutrition care.

Source: SL 1996, ch 240, § 5.
S.D. Codified Laws § 36-27A-35 — SD Code / Title 36 / Chapter 27A / Section 36-27A-35
Record of licensees maintained--Certified copies as evidence--Fee for copies
Status: in_force

The Department of Social Services shall keep a record of the names of all persons licensed under this chapter, the license number of each, the date of each license and renewal, and other matters of record. A transcript of any record therein or a license that is entered therein, the name, license number, and date of granting or renewal of that license to a person charged with a violation of any of the provisions of this chapter, certified by the president and the secretary, shall all be admitted as evidence in any of the courts of the State of South Dakota. The original books, records, and papers of the Board of Examiners of Psychologists shall be kept at the office of the Department of Social Services and another copy shall be filed with the secretary. The secretary shall furnish to any person making application therefor, a copy of any record certified by him as secretary, upon payment of a fee to be established by the board in rules adopted pursuant to chapter 1-26 .

Source: SL 1976, ch 235, § 44; SDCL Supp, § 36-27-31; SL 1981, ch 281, § 36; SL 2003, ch 272 (Ex. Ord. 03-1), § 45; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 36-25-12 — SD Code / Title 36 / Chapter 25 / Section 36-25-12
Compensation of secretary-treasurer and employees--Other expenses
Status: in_force

The Bureau of Human Resources and Administration shall set the compensation of the secretary-treasurer, and of such other inspectors and assistants as may be necessary to carry out the provisions of this chapter, and the State Plumbing Commission may incur such other expense as may be necessary.

Source: SL 1970, ch 222, § 2 (4); SL 2012, ch 23, § 96; SL 2024, ch 1 (Ex. Ord. 24-1), § 35, eff. Apr. 8, 2024.
S.D. Codified Laws § 36-19-12 — SD Code / Title 36 / Chapter 19 / Section 36-19-12
State Board of Funeral Service--Powers
Status: in_force

The board may:

(1) Issue and renew licenses, as provided in this chapter;

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

(3) Enter into contracts and employ necessary personnel to carry out its responsibilities under this chapter;

(4) Communicate disciplinary actions to state and federal authorities and to other state funeral director licensing authorities; and

(5) Perform other duties as necessary to administer this chapter.

Source: SDC 1939, § 27.1406; SL 1963, ch 154, § 2; SL 2023, ch 137, § 7.
S.D. Codified Laws § 36-14-22 — SD Code / Title 36 / Chapter 14 / Section 36-14-22
Registered barber--Certificate renewal--Expiration
Status: in_force

Each registered barber who continues in active practice shall annually, on or before May thirty-first, renew the barber's certificate of registration and pay the required fee. Each certificate of registration, unless renewed, expires on June first.

Source: SDC 1939, § 27.1615; SL 1979, ch 257, § 5; SL 1982, ch 276, § 4; SL 2017, ch 175, § 10; SL 2025, ch 155, § 1, eff. Mar. 10, 2025.
S.D. Codified Laws § 36-20B-12 — SD Code / Title 36 / Chapter 20B / Section 36-20B-12
Promulgation of rules
Status: in_force

The board shall promulgate rules, in accordance with chapter 1-26 , governing the board's administration and enforcement of this chapter and the conduct of licensees in the following matters:

(1) Rules governing the board's meetings, and the conduct of the board's business;

(2) Rules of procedure governing the conduct of investigations and hearings by the board;

(3) Rules specifying the fees for firm permits and certificates, educational and experience qualifications required for the issuance of certificates, the date for renewal of firm permits and certificates, and the continuing professional education required for renewal of certificates. The fee for issuance or renewal of a certificate may not exceed one hundred dollars;

(4) Rules of professional conduct to control the quality and integrity of the practice of public accountancy by licensees, covering the following areas:

(a) Independence, integrity, and objectivity;

(b) Competence and technical and professional standards;

(c) Responsibilities to the public; and

(d) Responsibilities to clients;

(5) Rules governing the manner and circumstances of use of the titles certified public accountant and CPA by holders of certificates who do not practice public accountancy, as provided for in this chapter;

(6) Rules specifying procedures and fees, not to exceed one hundred dollars, for the registration of certificate holders who do not practice public accountancy, as provided for in this chapter;

(7) Rules governing the manner and circumstances of use of the titles public accountant and PA by holders of licenses issued under prior law who do not practice public accountancy, as provided for in this chapter;

(8) Rules specifying procedures and fees, not to exceed one hundred dollars, for the registration of license holders who do not practice public accountancy, as provided for in this chapter;

(9) Rules regarding peer review pursuant to this chapter;

(10) Rules specifying peer review administrative fees, not to exceed one hundred twenty-five dollars, plus seventy-five dollars for a peer review form filed late;

(11) Rules specifying procedures and fees, not to exceed one hundred dollars, for required peer review documentation filed late;

(12) Rules specifying fees for examination and reexamination, not to exceed four hundred fifty dollars per section of the examination or reexamination, and issuance of a certificate, not to exceed one hundred dollars;

(13) Rules specifying the procedures and fees, not to exceed one hundred dollars for each owner, plus one hundred dollars for a firm practicing public accountancy in this state, for initial issuance or renewal of a firm permit. Any fee promulgated by rule pursuant to this subdivision may be a flat fee or tier based;

(14) Rules governing the application and fees for:

(a) A modification of a disciplinary action, not to exceed one thousand dollars;

(b) A reissue of a certificate, not to exceed one hundred dollars; and

(c) A firm permit, not to exceed one hundred dollars for each owner, plus one hundred dollars for a firm practicing public accountancy in this state.

Any fee promulgated by rule pursuant to this subdivision may be a flat fee or tier based;

(15) Rules governing the methods, eligibility, and requirements for applying for examination and reexamination;

(16) Rules specifying procedures and fees for the late renewal of certificates, not to exceed one hundred dollars, and firm permits, not to exceed one hundred dollars for each owner, plus one hundred dollars for a firm practicing public accountancy in this state. Any fee promulgated by rule pursuant to this subdivision may be either a flat fee or tier based;

(17) Rules specifying procedures and fees, not to exceed fifty dollars, for replacement of a certificate or permit;

(18) Rules specifying methods and requirements for conducting the examination;

(19) Rules specifying methods, eligibility, and requirements of applying for a certificate;

(20) Rules specifying procedures and fees for the:

(a) Late issuance of certificates, not to exceed one hundred dollars; and

(b) Late filing of firm permits, not to exceed one hundred dollars for each owner, plus one hundred dollars for a firm practicing public accountancy in this state.

Any fee promulgated by rule pursuant to this subdivision may be a flat fee or tier based; and

(21) Rules defining active and inactive status of certificate and license holders who are not practicing public accountancy.

Source: SL 2002, ch 179, § 13; SL 2008, ch 191, § 39; SL 2013, ch 175, § 2; SL 2025, ch 161, § 1; SL 2026, ch 160, § 2.
S.D. Codified Laws § 36-9-31 — SD Code / Title 36 / Chapter 9 / Section 36-9-31
Examination required for registered nursing license--Issuance of license
Status: in_force

Upon application and payment of the required fee, the applicant for a license to practice as a registered nurse shall pass a written examination approved by the board. Upon achieving the passing standard as determined by the board and if otherwise qualified under § 36-9-49 , the board shall issue to the applicant a license to practice as a registered nurse.

Source: SDC 1939, § 27.0904; SL 1947, ch 123, § 5; SL 1955, ch 91, § 4; SDC Supp 1960, § 27.0904 (2) (a); SL 1967, ch 101, § 4 (2) (a); SL 1976, ch 228, § 19; SL 1979, ch 255, § 21; SL 1986, ch 307, § 18; SL 2016, ch 194, § 18.
S.D. Codified Laws § 36-6A-49.2 — SD Code / Title 36 / Chapter 6A / Section 36-6A-49.2
Person practicing under temporary registration subject to board supervision and discipline
Status: in_force

Any person practicing under a temporary registration is subject to supervision and discipline by the board pursuant to this chapter in the same manner as any other licensee pursuant to this chapter. A person practicing under a temporary registration submits to jurisdiction by the board.

Source: SL 2015, ch 199, § 59.
S.D. Codified Laws § 36-11A-24 — SD Code / Title 36 / Chapter 11A / Section 36-11A-24
Third party logistics provider defined
Status: in_force

For the purposes of §§ 36-11A-20 to 36-11A-46 , inclusive, a third party logistics provider is any person who contracts with a prescription drug manufacturer to provide or coordinate warehousing, distribution, or other services on behalf of a manufacturer, but does not take title to the prescription drug or have general responsibility to direct the prescription drug's sale or disposition. Any third party logistics provider shall be licensed under §§ 36-11A-20 to 36-11A-46 , inclusive.

Source: SL 2007, ch 215, § 6; SL 2017, ch 174, § 16.
S.D. Codified Laws § 36-19-7 — SD Code / Title 36 / Chapter 19 / Section 36-19-7
State Board of Funeral Service--Compensation--Reimbursement for expenses
Status: in_force

Each member of the board shall receive per diem compensation in accordance with § 4-7-10.4 and reimbursement for expenses incurred while engaged in official business, as provided by law.

Source: SDC 1939, § 27.1403; SL 1939, ch 102, § 3; SL 1945, ch 109; SL 1947, ch 124; SL 1963, ch 154, § 2; SL 1967, ch 109; SL 1973, ch 23; SL 2018, ch 12, § 16; SL 2023, ch 137, § 5.
S.D. Codified Laws § 36-26-21 — SD Code / Title 36 / Chapter 26 / Section 36-26-21
Times and places of examinations
Status: in_force

The board shall hold examinations at least annually and from time to time at such place or places as the board may designate.

Source: SL 1975, ch 22, § 21.
S.D. Codified Laws § 36-12-21.8 — SD Code / Title 36 / Chapter 12 / Section 36-12-21.8
Veterinarian's responsibility for technician's acts
Status: in_force

The licensed veterinarian by whom a registered veterinary technician is employed is responsible for the acts of the technician, and nothing in this chapter relieves the employer of the ordinary duties and responsibilities of the acts or conduct of the employee.

Source: SL 1973, ch 245, § 7; SL 1993, ch 280, § 9.
S.D. Codified Laws § 36-4B-37 — SD Code / Title 36 / Chapter 4B / Section 36-4B-37
Emergency medical services personnel council--Appointment--Terms--Meetings--Duties--Board communication
Status: in_force

The board shall appoint an emergency medical services personnel council composed of five members:

(1) One emergency medical technician;

(2) One emergency medical technician-intermediate/85, emergency medical technician-intermediate/99, or advanced emergency medical technician;

(3) Two paramedics; and

(4) One physician licensed in accordance with chapter 36-4 and trained in emergency medicine.

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

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

The council shall assist the board in all matters related to the licensure, practice, education, continuing education, investigation, and discipline of emergency medical services personnel pursuant to this chapter. 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 emergency medical services personnel with the council.

Source: SL 2005, ch 199, § 7; SL 2020, ch 167, § 2; SL 2024, ch 152, § 5; SL 2024, ch 153, § 28.
S.D. Codified Laws § 36-19-31 — SD Code / Title 36 / Chapter 19 / Section 36-19-31
Funeral establishment--Inspection
Status: in_force

The board shall inspect each funeral establishment at least once every three years.

Source: SDC 1939, § 27.1403 as added by SL 1939, ch 102, § 3; SL 1945, ch 109; SL 1947, ch 124; omitted SDC Supp 1960, § 27.1403; SL 1963, ch 154, § 2; SL 2023, ch 137, § 15.
S.D. Codified Laws § 36-5-2.2 — SD Code / Title 36 / Chapter 5 / Section 36-5-2.2
Liability of violators for enforcement expenses
Status: in_force

Any person violating a provision of this chapter or regulations promulgated hereunder may also be required by the court to pay all expenses, including legal fees, incurred by the board in enforcing this chapter and the regulations promulgated hereunder.

Source: SDCL, § 36-5-2.1 as added by SL 1975, ch 232, § 2; SL 2021, ch 173, § 4.
S.D. Codified Laws § 36-15-30 — SD Code / Title 36 / Chapter 15 / Section 36-15-30
School license--Annual expiration and renewal
Status: in_force

A school license issued pursuant to § 36-15-29 or pursuant to § 36-15-29.3 expires one year from date of issuance and is renewable annually. The renewal application shall be accompanied by the fee required in this chapter.

Source: SDC 1939, § 27.1509 (4) as enacted by SL 1957, ch 118, § 1; SL 1972, ch 206, § 27; SL 2003, ch 202, § 43; SL 2009, ch 182, § 5.
S.D. Codified Laws § 36-11-2.1 — SD Code / Title 36 / Chapter 11 / Section 36-11-2.1
Drugs, medical device defined--Promulgation of rules
Status: in_force

For the purpose of this chapter, "drugs" are:

(1) Articles recognized in the official United States Pharmacopoeia or the official National Formulary, as adopted by the board through rules promulgated pursuant to chapter 1-26 , or recognized in the official Homeopathic Pharmacopoeia of the United States as in effect on January 1, 1993;

(2) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals;

(3) Articles, other than food, intended to affect the structure or any functions of the human body; and

(4) Articles intended for use as a component of any articles specified in this section.

The term "drugs" excludes medical devices.

For the purposes of this section, "medical device" means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, that is intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment, or prevention of disease in humans or animals, or is intended to affect the structure or any function of the body of humans or animals, that does not achieve any of its principal intended purposes through chemical action within or on the body of humans or animals and that is not dependent upon being metabolized for achievement of any of its principal intended purposes.

Source: SL 1993, ch 278, § 3; SL 2025, ch 154, § 3.
S.D. Codified Laws § 36-10B-15 — SD Code / Title 36 / Chapter 10B / Section 36-10B-15
Related activities not requiring licensure as nutritionist or dietitian
Status: in_force

This chapter does not prohibit:

(1) A dietetic student enrolled in an approved academic program in nutrition and dietetics from engaging in the practice of nutrition and dietetics under the supervision of a licensed nutritionist if the person clearly uses the appropriate student title;

(2) Any person in the process of fulfilling the professional experience requirements in nutrition or dietetics necessary for licensure from practicing under the supervision of a licensed nutritionist if the person clearly uses the appropriate trainee title;

(3) Any person, including a dietetic technician or other paraprofessional, from working in a program supervised by a licensed nutritionist, if the person's activities are within the scope of the person's designated education and training and if the person does not use the title nutritionist or dietitian unless licensed;

(4) A nutritionist or dietitian who is serving in the armed forces, public health services of the United States, or Veterans Administration from engaging in the practice of nutrition and dietetics if such practice is related to such service or employment;

(5) Any person who does not represent himself as a licensed dietitian or licensed nutritionist from furnishing information on food, food materials, or dietary supplements or from engaging in the explanation to customers about food, food materials, or dietary supplements in connection with the marketing and distribution of these products;

(6) Any person who provides weight control services from providing those services if the program has been reviewed by, consultation is available from, and no program change can be initiated without prior approval by a licensed nutritionist or a licensed nutritionist from another state that has licensure requirements at least as stringent as the requirements for licensure under this chapter, or from a dietitian registered by the commission;

(7) Any person licensed to practice medicine, nursing, pharmacy, dentistry, or chiropractic from advising patients on nutrition when nutrition practice is incidental to the practice of the person's profession and the person does not use the title nutritionist or dietitian unless so licensed;

(8) Any educator employed by a federal, state, county, or municipal agency, elementary or secondary school, accredited college or university, or nonprofit agency, from giving advice on nutrition if the person's activities are within the scope of the person's employment and the person does not use the title nutritionist or dietitian unless licensed.

Source: SL 1996, ch 240, § 15.
S.D. Codified Laws § 36-30-1 — SD Code / Title 36 / Chapter 30 / Section 36-30-1
Definitions
Status: in_force

Terms as used in this chapter and § 23-3-35 mean:

(1) "Polygraph," an instrument which records permanently and simultaneously a subject's cardiovascular and respiratory patterns or other physiological changes pertinent to the detection of deception;

(2) "Polygraph examiner," a person who uses a polygraph to test or question individuals for the purpose of detecting deception.

Source: SL 1984, ch 174, § 2.