S.D. Codified Laws § 36-21D-10 — SD Code / Title 36 / Chapter 21D / Section 36-21D-10
Prohibited conduct--Grounds for discipline
Status: in_force

No employee, director, officer, agent, independent contractor or other third party acting on behalf of an appraisal management company may:

(1) Improperly influence or attempt to improperly influence the development, reporting, result, or review of a real estate appraisal;

(2) Intimidate, coerce, extort, bribe, blackmail, withhold payment for appraisal services, or threaten to exclude the real estate appraiser from future work in order to improperly obtain a desired result;

(3) Condition payment of an appraisal fee upon the opinion, conclusion, or valuation to be reached;

(4) Request a real estate appraiser to report a predetermined opinion, conclusion, or valuation or the desired valuation of any person or entity;

(5) Engage in any other act or practice that impairs or attempts to impair a real estate appraiser's independence, objectivity, and impartiality;

(6) Require a real estate appraiser to provide the appraisal management company with the appraiser's digital signature or seal;

(7) Alter, amend, or change an appraisal report submitted by a real estate appraiser;

(8) Remove an appraiser from a real estate appraiser panel without prior written notice to the appraiser, with the prior written notice including evidence of the following:

(a) The appraiser's illegal conduct;

(b) A violation of the appraisal standards adopted by the Department of Labor and Regulation pursuant to this chapter; or

(c) Improper or unprofessional conduct; or

(9) Require an appraiser to sign any indemnification agreement that would require the appraiser to defend and hold harmless the appraisal management company or any of its agents or employees for any liability, damage, losses, or claims arising out of the services performed by the appraisal management company or its agents, employees, or independent contractors and not the services performed by the appraiser.

A violation of this section may constitute grounds for discipline against an appraisal management company who is registered pursuant to the laws of the State of South Dakota.

Source: SL 2011, ch 184, § 10.
S.D. Codified Laws § 36-18A-61 — SD Code / Title 36 / Chapter 18A / Section 36-18A-61
Civil remedies available to board
Status: in_force

Any person who has violated any provision of this chapter or any rule promulgated pursuant to this chapter, is subject to the following penalties:

(1) Administrative fine:

(a) Licensed person: Any person licensed by the board who violates any provision of this chapter is liable for an administrative fine not to exceed two thousand dollars for each offense;

(b) Licensed business entity: Any business entity permitted to practice by the board that violates any provision of this chapter is liable for an administrative fine not to exceed five thousand dollars for each offense.

(2) Injunction: If the board deems it necessary for the public safety, it may bring an action in the name of the state in the circuit court in any county in which jurisdiction is proper to enjoin the act, practice, or violation and to enforce compliance with this chapter or any rule promulgated pursuant to this chapter. Upon showing that a person has engaged in an otherwise unauthorized act or practice, a permanent or temporary injunction, or restraining order, or other appropriate relief shall be obtained against the person to prohibit the continuation of the unauthorized act or practice. If a person has caused a structure to be designed, constructed, or built by engaging in an unauthorized act or practice, a permanent or temporary injunction or restraining order, or other appropriate relief, shall be obtained against the project prohibiting the use and occupancy of any structure. For purposes of injunctive relief under this subdivision, irreparable harm exists if the board shows that a person has engaged in an act or practice constituting the unauthorized use of a title, words, figures, or sign implying licensure, or a violation of a statute, rule, or order that the board has issued or is empowered to enforce;

(3) Cease and desist order: The board may issue and have served upon a person an order requiring the person to cease and desist from any unauthorized practice or act which is in violation of this chapter or any rule promulgated pursuant to this chapter. The cease and desist order shall give reasonable notice of the rights of the person to request a hearing pursuant to chapter 1-26 and shall state the reasons for the entry of the order.

Source: SL 1999, ch 195, § 61.
S.D. Codified Laws § 36-21A-125 — SD Code / Title 36 / Chapter 21A / Section 36-21A-125
Adverse material fact defined
Status: in_force

For the purposes of this chapter, an adverse material fact is information that negatively affects the value of the property or a party's ability to perform its obligations in a real estate transaction. Adverse material facts include:

(1) Any environmental hazards affecting the property which are required by law to be disclosed;

(2) Any material defects in the property;

(3) Any material defects in the title to the property which are anticipated to survive the closing; and

(4) Any material limitation on the client's ability to perform under the terms of the contract.

Source: SL 1998, ch 229, § 2.
S.D. Codified Laws § 36-4-18 — SD Code / Title 36 / Chapter 4 / Section 36-4-18
Grant of license to practice--Type of practice stated on license
Status: in_force

To each applicant successfully passing the examination required by this chapter and fulfilling all other requirements of this chapter, the Board of Examiners shall grant a license to practice medicine or osteopathic medicine, surgery, and obstetrics in all of their branches, without limitations, in this state, but each license so granted shall state on the face thereof whether the licensee is licensed to practice medicine and surgery or osteopathic medicine and surgery. Such license shall be granted only by consent of the majority of the board.

Source: SDC 1939, § 27.0303; SL 1949, ch 106, § 6; SDC Supp 1960, § 27.0306.
S.D. Codified Laws § 36-9-25 — SD Code / Title 36 / Chapter 9 / Section 36-9-25
Balance of fees held by board--Use of fees
Status: in_force

Any balance of fees received by the board after payment of compensation and expenditures shall be held and used by the board only in administering this chapter.

Source: SDC 1939, § 27.0902; SL 1947, ch 123, § 3; SL 1949, ch 109, § 3; SL 1955, ch 91, § 7; SDC Supp 1960, § 27.0907; SL 1967, ch 101, § 7; SL 1976, ch 228, § 15.
S.D. Codified Laws § 36-20B-45 — SD Code / Title 36 / Chapter 20B / Section 36-20B-45
Issuance of complaint--Administrative hearing--Service of complaint and notice of hearing
Status: in_force

If probable cause with respect to a violation by an individual with practice privileges granted under the provisions of § 36-20B-66 or 36-20B-67 has been determined by the board, or upon receipt of notice of a decision by the board of another state furnishing grounds for a determination of probable cause, the board may issue a complaint setting forth appropriate charges and set a date for hearing before the board on such charges. If a complaint is issued and a hearing date set, the board shall, not less than thirty days prior to the date of the hearing, serve a copy of the complaint and notice of the time and place of the hearing upon the individual with practice privileges granted under the provisions of § 36-20B-66 or 36-20B-67 , together with a copy of the contested case proceedings under chapter 1-26 . Service shall be by certified or registered mail to the address last known to the board, or pursuant to chapter 1-26 .

Source: SL 2002, ch 179, § 46; SL 2009, ch 185, § 12; SL 2021, ch 168, § 30.
S.D. Codified Laws § 36-1C-6 — SD Code / Title 36 / Chapter 1C / Section 36-1C-6
Informal disposition--Notice
Status: in_force

The agency may accept an informal disposition regarding a violation of the laws or rules under the agency's jurisdiction. The agreed upon disposition must be in writing and is subject to the approval of the agency.

Failure to comply with the terms of an informal disposition is grounds for disciplinary action or allows the agency to institute or reinstitute formal proceedings.

The administrator shall notify, in writing, any complaining party of the results of the informal disposition of a complaint and the action taken, if any.

Source: SL 2021, ch 168, § 6.
S.D. Codified Laws § 36-27A-1 — SD Code / Title 36 / Chapter 27A / Section 36-27A-1
Definitions
Status: in_force

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

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

(2) "Program in psychology," a doctoral program, including a doctor of philosophy degree (Ph. D.), a doctor of psychology degree (Psy. D.) and a doctor of education degree (Ed. D.), for training in psychology that meets all of the following criteria:

(a) The program offers doctoral education and training in a regionally accredited institution of higher education in the United States, or, in the case of Canadian programs, the institution is recognized by the Association of Universities and Colleges of Canada as a member in good standing;

(b) The program, wherever it may be administratively housed, is identified as a psychology program as certified by the educational institution. The board may review the institutional catalogs and brochures to determine the psychological nature of the program;

(c) The program must be a recognizable, coherent organizational entity within the institution;

(d) There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;

(e) The program must be an integrated, organized sequence of study;

(f) There must be an identifiable psychology faculty;

(g) The program must have an identifiable body of students who are matriculated in that program for the purpose of receiving a degree;

(h) The program must include supervised practicum, field or laboratory training in psychology, and a supervised psychology internship pursuant to ARSD 20:60:08:01;

(i) The curriculum must encompass a minimum of three academic years of full time graduate study and completion of a psychology internship prior to awarding the doctoral degree. At least two of the three academic training years must be with the institution from which the doctoral degree is granted, and at least one year of which must be in full time residence at that same institution. In addition to instruction in scientific and professional ethics and standards, research design and methodology, statistics and psychometrics, the core program shall require each student to demonstrate competence in each of the four following substantive areas. This may be met by including a minimum of three or more graduate semester hours (five or more graduate quarter hours) in these four substantive content areas:

(i) Biological aspects of behavior: physiological psychology, comparative psychology, neuro-psychology, psychopharmacology, psychophysics;

(ii) Cognitive-affective aspects of behavior: learning, thinking, motivation, emotion;

(iii) Social aspects of behavior: social psychology, community psychology, organizational and systems theory, minority group studies;

(iv) Individual differences: personality theory, human development, psychopathology, cultural diversity.

In addition to these criteria, the programs shall include course requirements in specialty areas of psychology.

(3) "Psychological procedures," include but are not restricted to the application of principles, methods or procedures of understanding, predicting or influencing behavior, such as the principles pertaining to learning, conditioning, perception, motivation, thinking, emotions or interpersonal relationships; the methods or procedures of verbal interaction, interviewing, counseling, behavior modification, environmental manipulation, group process, psychotherapy, biofeedback or hypnosis; and the methods or procedures of administering or interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions or motivation;

(4) "Psychologist," a person licensed under this chapter in the practice of psychology who holds himself or herself out to the public by any title or description of services which uses the words psychological, psychology, psychologist, psychometrist, or any derivations thereof;

(5) "The practice of psychology," the observation, description, evaluation, interpretation, and modification of human behavior by the application of psychological principles, methods, and procedures for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health. The term includes psychological testing and the evaluation or assessment of personal characteristics, such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning; individual, marital, family, or group counseling; psychotherapy and other therapeutic techniques based on psychological principles; diagnosis and treatment of mental and emotional disorders or disabilities, compulsive disorders, disorders of habit or conduct as well as of the psychological aspects of physical illness, accident, injury, or disability; and psychoeducational evaluation, therapy, remediation, and consultation. The practice of psychology is the rendering of psychological services to individuals, families, groups, and the public and is without regard to whether payment is received for services rendered.

Source: SL 1976, ch 235, § 1; SDCL Supp, § 36-27-1; SL 1981, ch 281, § 1; SL 1995, ch 225, §§ 1, 2; SL 2008, ch 197, § 1.
S.D. Codified Laws § 36-13-23 — SD Code / Title 36 / Chapter 13 / Section 36-13-23
Register of applicants and certificates
Status: in_force

The board shall enter the names of all applicants for registration with their place of residence and such other information as may be deemed appropriate in a register. The register shall include any action taken by the board regarding the applicant and the date upon which the certificate of registration was issued, if any.

Source: SDC 1939, § 1.0103; SL 2008, ch 195, § 29.
S.D. Codified Laws § 36-21A-2 — SD Code / Title 36 / Chapter 21A / Section 36-21A-2
Advertisement and advertising defined
Status: in_force

For the purposes of this chapter, an advertisement or advertising is any attempt, by publication or broadcast, whether oral, written or otherwise, to induce a person to use the services of a licensed real estate broker, real estate salesman or real estate firm.

Source: SL 1992, ch 273, § 2; SL 1993, ch 289; SL 2013, ch 177, § 2.
S.D. Codified Laws § 36-15-1 — SD Code / Title 36 / Chapter 15 / Section 36-15-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Apprentice," any person licensed by the commission to receive education through an apprenticeship in a salon;

(2) "Apprentice salon," any salon licensed by the commission to teach apprentices;

(3) "Booth," any part within a licensed salon that is rented or leased for the purpose of rendering licensed cosmetology services as a separate, independent salon business;

(4) "Commission," the Cosmetology Commission as established and created in § 36-15-3 ;

(5) "Cosmetologist," any person who, for compensation, engages in any of the practices of cosmetology;

(6) "Cosmetology," any one or any combination of the practices set forth in § 36-15-2 ;

(7) "Demonstrator," any person licensed to practice cosmetology, nail technology, or esthetics in this state, in another state, or in another country, who demonstrates the various practices of cosmetology, as applicable, in order to inform or educate other licensees or the public;

(8) "Esthetician," any person who, for compensation, engages in the practice of esthetics, but not in other practices of cosmetology;

(9) "Esthetics," any one or any combination of the practices set forth in § 36-15-2.2 ;

(10) "Instructor," any person who is licensed by the commission to instruct in a school or an apprentice salon and who meets the requirements set forth in § 36-15-25 ;

(11) "Nail technology," any one or any combination of the practices set forth in § 36-15-17.2 ;

(12) "Nail technician," any person who, for compensation, engages in the practice of nail technology, but not in other practices of cosmetology;

(13) "Natural hair braiding," any one or any combination of the practices set forth in § 36-15-1.1 ;

(14) "Salon," any place, premise, or building or any part of a building operated for the purpose of engaging in the practice of cosmetology, nail technology, or esthetics, or any combination of these practices;

(15) "School," any place, premise, or building that is licensed by the commission to provide education to students in the practice of cosmetology, nail technology, or esthetics, or any combination of these practices;

(16) "School premises," any permanent building or other structures approved by the commission as a school campus under one school license; and

(17) "Student," any person who is licensed by the commission to receive education in a licensed school.

Source: SDC 1939, § 27.1501; SL 1943, ch 106, § 1; SL 1957, ch 118, § 1; SL 1965, ch 123, § 1; SL 1972, ch 206, §§ 1, 2; SL 1997, ch 218, § 1; SL 2003, ch 202, § 1; SL 2007, ch 217, § 1; SL 2009, ch 182, § 1; SL 2017, ch 176, § 1; SL 2018, ch 232, § 1; SL 2024, ch 157, § 1.
S.D. Codified Laws § 36-34-13.4 — SD Code / Title 36 / Chapter 34 / Section 36-34-13.4
Display of certificate or license
Status: in_force

Each certificate or license shall be conspicuously displayed at the primary place of practice within thirty days after issuance of such certificate or license.

Source: SL 2013, ch 183, § 15.
S.D. Codified Laws § 36-4-20.6 — SD Code / Title 36 / Chapter 4 / Section 36-4-20.6
Resident license defined
Status: in_force

A resident license is a license allowing the holder to practice medicine in this state for a limited period of time subject to the requirements and conditions set forth in the license.

Source: SL 1987, ch 266, § 1; SL 2013, ch 172, § 1.
S.D. Codified Laws § 36-8-17 — SD Code / Title 36 / Chapter 8 / Section 36-8-17
Acts constituting unprofessional or dishonorable conduct--No basis for criminal prosecution
Status: in_force

Unprofessional or dishonorable conduct as used in this chapter shall be construed to include:

(1) To offer, give, or promise, either directly or indirectly, any gift in return for the procurement of a patient or patients for podiatric treatment;

(2) To prescribe, dispense, or pretend to use, in treating any patient, any secret remedial agent, or manifest or promote its use in any way, or guarantee or imply to guarantee any treatment, therapy or remedy whatsoever;

(3) To practice podiatry under a trade name, under the name of another podiatrist, or use any title other than that of podiatrist. However, the term, foot specialist, may be used as an explanatory term of the title podiatrist;

(4) To employ a solicitor or solicitors to obtain business; or

(5) To willfully violate the rules promulgated by the Board of Podiatry Examiners.

Unprofessional or dishonorable conduct, as defined in this section, may not be the basis for criminal prosecution unless otherwise declared unlawful.

Source: SDC 1939, § 27.0808 as added by SL 1959, ch 131, § 9; SL 1972, ch 15, § 4; SL 2018, ch 228, § 9.
S.D. Codified Laws § 36-20B-49 — SD Code / Title 36 / Chapter 20B / Section 36-20B-49
Failure to appear at hearing--Order--Setting aside order upon showing of good cause
Status: in_force

If after service of a complaint and notice of hearing the respondent licensee fails to appear at the hearing, the board may proceed to hear evidence against the licensee or an individual granted practice privileges under the provisions of § 36-20B-66 or 36-20B-67 and may enter an order as it deems warranted by the evidence. Any order shall be final unless the licensee or an individual granted practice privileges under the provisions of § 36-20B-66 or 36-20B-67 petitions for review. However, within thirty days from the date of any such order, upon a showing of good cause for the licensee's or an individual's failure to appear and defend, the board may set aside the order and schedule a new hearing on the complaint, to be conducted in accordance with the provisions of this section.

Source: SL 2002, ch 179, § 50; SL 2009, ch 185, § 15.
S.D. Codified Laws § 36-28-21.1 — SD Code / Title 36 / Chapter 28 / Section 36-28-21.1
Promulgation of rules
Status: in_force

The board may promulgate rules pursuant to chapter 1-26 to establish continuing education requirements for renewal of a license.

Source: SL 1986, ch 302, § 110; SL 2014, ch 186, § 20.
S.D. Codified Laws § 36-16-10 — SD Code / Title 36 / Chapter 16 / Section 36-16-10
Expense of commission
Status: in_force

All reasonable and necessary expenses incurred in conducting the business of the State Electrical Commission shall be allowed and paid by the commission.

Source: SL 1963, ch 216, § 4 (4).
S.D. Codified Laws § 36-25-17 — SD Code / Title 36 / Chapter 25 / Section 36-25-17
License required for plumbing work on property connected to public water or sewer system--Exceptions
Status: in_force

No person may engage in plumbing for which a license is required pursuant to § 36-25-19 on any property which is in connection with a public system of waterworks or sewerage unless that person is licensed by the commission. However, no license is required of a person who does the following work in compliance with the provisions of the minimum standards prescribed by the commission:

(1) Plumbing on premises owned and actually occupied by the person as the person's residence;

(2) Plumbing on premises of a single-family dwelling unit that is in the process of being constructed, if the person owns the premises and intends to actually occupy the premises as the person's residence when construction is complete;

(3) Plumbing repair work on premises where the person is employed and performing the plumbing repair work; or

(4) Plumbing repair work on the person's own property.

Source: SL 1970, ch 222, § 12; SL 2003, ch 206, § 2; SL 2019, ch 172, § 1.
S.D. Codified Laws § 36-27A-27 — SD Code / Title 36 / Chapter 27A / Section 36-27A-27
Recommendations of civil action against violations
Status: in_force

The Board of Examiners of Psychologists shall recommend to the attorney general the bringing of civil actions to seek injunctions and other relief against violations of this chapter.

Source: SL 1976, ch 235, § 35; SDCL Supp, § 36-27-47; SL 1981, ch 281, § 28.
S.D. Codified Laws § 36-34-24 — SD Code / Title 36 / Chapter 34 / Section 36-34-24
Summary suspension--Hearing--Appeal
Status: in_force

The board may summarily suspend a practitioner's recognition, certification, or licensure in advance of a final adjudication or during the appeals process if the board finds that a practitioner would represent a clear and immediate danger to the public health and safety if the practitioner were allowed to continue to practice. A practitioner whose recognition, certification, or licensure is suspended under this section is entitled to a hearing before the board within twenty days after the effective date of the suspension. The practitioner may subsequently appeal the suspension to circuit court in accordance with chapter 1-26 .

Source: SL 2004, ch 253, § 25; SL 2013, ch 183, § 23.
S.D. Codified Laws § 36-15-56 — SD Code / Title 36 / Chapter 15 / Section 36-15-56
Grounds for disciplinary action
Status: in_force

The grounds for disciplinary action are:

(1) Fraud or deception in procuring a license required by this chapter;

(2) Failure of any person to comply with any of the requirements of this chapter or rules adopted pursuant to this chapter;

(3) Publication or use of any untruthful or improper statement or representation, with a view of deceiving the public, or any patron or customer in connection with the practice or education in cosmetology;

(4) Habitual drunkenness or drug addiction affecting the licensee's practice of the profession, or conviction of a violation of any federal or state law relating to narcotic drugs;

(5) Failure to furnish to the commission, any report or information which is required by this chapter or rules adopted pursuant to this chapter;

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

(7) Failure to publicly display any license required by this chapter;

(8) Willfully making any false oath or affirmation whenever any oath or affirmation is required in this chapter or by rules adopted pursuant to this chapter;

(9) Conviction of a felony affecting the licensee's practice of the profession, as shown by a certified copy of the record of the court of conviction;

(10) Continued practice by persons knowingly having an infectious or contagious disease; and

(11) Practice of any cosmetology services for which the commission requires additional continuing education when the education has not been completed.

Source: SDC 1939, § 27.1511; SL 1943, ch 106, § 3; SL 1957, ch 118, § 1; SL 1972, ch 206, § 48; SL 2003, ch 202, § 63.
S.D. Codified Laws § 36-2A-14 — SD Code / Title 36 / Chapter 2A / Section 36-2A-14
Promulgation of rules
Status: in_force

Each board conducting a health professionals assistance program may promulgate rules, pursuant to chapter 1-26 , pertaining to:

(1) Program structure;

(2) Admission criteria;

(3) Criteria for denial of admission;

(4) Required participation components;

(5) Termination of participation and discharge criteria;

(6) Confidentiality and retention of program records;

(7) Program evaluation criteria; and

(8) Participation fees.

Source: SL 1996, ch 227, § 14; SL 2013, ch 171, § 14; SL 2021, ch 170, § 15.
S.D. Codified Laws § 36-21A-122 — SD Code / Title 36 / Chapter 21A / Section 36-21A-122
Notice of terms and conditions of errors and omissions--Certificate of coverage
Status: in_force

Each licensee shall be notified of the required terms and conditions of coverage at least thirty days before the biennial license renewal date. A certificate of coverage, showing compliance with the required terms and conditions of coverage, shall be filed annually with the real estate commission by each licensee who elects not to participate in the group insurance program administered by the Real Estate Commission.

Source: SL 1993, ch 288, § 4.
S.D. Codified Laws § 36-25-6 — SD Code / Title 36 / Chapter 25 / Section 36-25-6
Meetings of commission--Quorum
Status: in_force

The commission shall meet quarterly at such time and place within this state as shall be designated by the commission. A majority of the members of the commission shall constitute a quorum for the transaction of business.

Source: SL 1970, ch 222, § 2 (5).
S.D. Codified Laws § 36-4B-12 — SD Code / Title 36 / Chapter 4B / Section 36-4B-12
Educational programs--Emergency medical personnel--Approval withdrawal or denial
Status: in_force

The board may withdraw or deny approval of any educational program if the program fails to comply with the provisions of § 36-4B-7 .

Source: SL 1978, ch 269, § 15; SL 1992, ch 268, § 9; SL 2024, ch 153, § 5.
S.D. Codified Laws § 36-38-11 — SD Code / Title 36 / Chapter 38 / Section 36-38-11
Code of ethics
Status: in_force

The board shall adopt a code of ethics for behavior analysts licensed under this chapter.

Source: SL 2016, ch 199, § 11.
S.D. Codified Laws § 36-6A-15 — SD Code / Title 36 / Chapter 6A / Section 36-6A-15
Restrictions on rule-making power of board
Status: in_force

The board may not promulgate a rule which:

(1) Is not authorized by this chapter or which does not relate to the protection of the public from unsafe dental practices;

(2) Discriminates between licensees or registrants of the same class;

(3) Has as its primary purpose the promotion or protection of the economic interests of licensees or registrants;

(4) Restricts the number of licensees or registrants for reasons other than their qualifications;

(5) Discriminates between programs approved under this chapter which train prospective licensees or registrants, whether in or out of the state.

Source: SL 1992, ch 269, § 14; SL 2015, ch 199, § 13.
S.D. Codified Laws § 36-20B-11 — SD Code / Title 36 / Chapter 20B / Section 36-20B-11
Immunity from liability of board members and agents
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 attorneys' fees arising from claims and suits against them with respect to matters to which such immunity applies.

Source: SL 2002, ch 179, § 12.
S.D. Codified Laws § 36-26-25 — SD Code / Title 36 / Chapter 26 / Section 36-26-25
Annual publication of names of licensees and private practitioners
Status: in_force

In addition to the duties set forth elsewhere in this chapter, the board shall annually publish a list of the names and addresses of all persons who are:

(1) Licensed certified social workers under this chapter;

(2) Licensed social workers under this chapter;

(3) Licensed social work associates under this chapter;

(4) Eligible to engage in the private, independent practice of social work under this chapter.

Source: SL 1975, ch 22, § 27.
S.D. Codified Laws § 36-14-35 — SD Code / Title 36 / Chapter 14 / Section 36-14-35
Appeal from Board of Examiners
Status: in_force

An appeal from the decision of the Board of Barber Examiners may be taken as provided by chapter 1-26 .

Source: SDC 1939, § 27.1617; revised pursuant to SL 1972, ch 15, § 4.
S.D. Codified Laws § 36-4C-21 — SD Code / Title 36 / Chapter 4C / Section 36-4C-21
Record keeping responsibilities of secretary of board
Status: in_force

The secretary of the board shall keep a record book in which are entered the names of all persons to whom licenses or temporary permits have been granted under this chapter, the identification number of the license or temporary permit, the date of granting the license or temporary permit, license renewal dates, and other matters of record. This book is a book of records and transcripts of any record therein pertaining to a person charged with a violation of any of the provisions of this chapter, certified under the hand of the secretary, and the seal of the board, and shall be admitted as evidence in any of the courts of this state. The original books, records and papers of the board shall be kept at the office of the secretary of the board. The secretary shall furnish any person making an application a copy of any requested record, certified by him as secretary, upon payment of a fee of twenty - five cents per page.

Source: SL 1993, ch 273, § 21.
S.D. Codified Laws § 36-14-2.1 — SD Code / Title 36 / Chapter 14 / Section 36-14-2.1
Lay member of board--Appointment and term of office
Status: in_force

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

Source: SL 1973, ch 2, § 58; SL 2005, ch 199, § 43.
S.D. Codified Laws § 36-18A-50 — SD Code / Title 36 / Chapter 18A / Section 36-18A-50
Issuance of certificate of authorization--Certificate not transferable--Exempt business
Status: in_force

The board shall issue a certificate of authorization or a renewal to a business entity or office upon receipt of an application for a certificate of authorization and a fee as set by the board pursuant to chapter 1-26 unless the board finds an error in the application or that any facts exist which would entitle the board to suspend or revoke the certificate if issued to the applicant. The certificate of authorization is not transferable. A certificate of authorization is not required for any exempt business.

Source: SL 1999, ch 195, § 50; SL 2007, ch 219, § 19.
S.D. Codified Laws § 36-4B-16.4 — SD Code / Title 36 / Chapter 4B / Section 36-4B-16.4
Permitted practice--Emergency medical technician
Status: in_force

An emergency medical technician may, in addition to any services provided by an emergency medical responder, provide pre-hospital emergency care that includes interventions using basic equipment, typically found in an ambulance, and necessary to stabilize and safely transport patients.

Source: SL 2024, ch 153, § 16.
S.D. Codified Laws § 36-11A-19 — SD Code / Title 36 / Chapter 11A / Section 36-11A-19
Complaints--Procedure
Status: in_force

Complaints arising from any provision of this chapter shall be handled in compliance with contested case procedure in chapter 1-26 , and the board may suspend, revoke, or condition the license of the licensee if the facts warrant.

Source: SL 1991, ch 307, § 19.
S.D. Codified Laws § 36-16-34.1 — SD Code / Title 36 / Chapter 16 / Section 36-16-34.1
Action for injunction--Election of remedies
Status: in_force

The State Electrical Commission shall be empowered to commence actions for injunction for violation of this chapter or regulations hereunder as an alternate to criminal proceedings. The commencement of one proceeding by the commission constitutes an election.

Source: New section created to carry out directions to the Code Commission contained in SL 1972, ch 15, § 4.
S.D. Codified Laws § 36-31A-8 — SD Code / Title 36 / Chapter 31A / Section 36-31A-8
Adverse actions
Status: in_force

A. A home state has exclusive power to take adverse action against an occupational therapist’s or an occupational therapy assistant’s license issued by the home state.

B. A remote state has the authority, in accordance with existing state due process law, to:

1. Take adverse action against an occupational therapist’s or occupational therapy assistant’s compact privilege within that member state.

2. Issue subpoenas for 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 must be enforced in the latter state by a 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 state in which the witnesses or evidence are located.

C. 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.

D. The home state shall complete any pending investigations of an occupational therapist or occupational therapy assistant who changes the primary state of residence during the course of the investigations. The home state, in which the investigations were initiated, may take appropriate action and shall promptly report the conclusions of the investigations to the data system. The data system administrator shall promptly notify the new home state of any adverse action.

E. A member state, if otherwise permitted by state law, may recover from the affected occupational therapist or occupational therapy assistant the cost of the investigations and disposition of cases resulting from any adverse action taken against that occupational therapist or occupational therapy assistant.

F. 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.

G. In addition to any authority granted to a member state by its respective state laws and rules, a member state may participate with other member states in joint investigations of licensees. A member state shall share any investigative, litigation, or compliance material in furtherance of any joint or individual investigation initiated under the compact.

H. If an adverse action is taken by the home state against an occupational therapist’s or occupational therapy assistant’s license, the occupational therapist’s or occupational therapy assistant’s compact privilege, in all other member states, must be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an occupational therapist’s or occupational therapy assistant’s license must include a statement that the occupational therapist’s or occupational therapy assistant’s compact privilege is deactivated in all member states during the pendency of the order.

I. 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 action by a remote state.

J. Nothing in this compact overrides a member state’s decision that participation in an alternative program may be used in lieu of adverse action.

Source: SL 2023, ch 139, § 8.
S.D. Codified Laws § 36-34-12 — SD Code / Title 36 / Chapter 34 / Section 36-34-12
Board--Specific duties
Status: in_force

The board shall:

(1) Maintain responsibility for all disciplinary proceedings under this chapter;

(2) Examine, or cause to be examined, for competency, eligible applicants for recognition, certification, or licensure to practice addiction counseling and prevention services;

(3) Issue recognition, certificates, and licenses to applicants who successfully complete the recognition, certification, or licensing requirements for practitioners, and renew the recognitions, certifications, and licenses of practitioners who continue to meet the standards of this chapter;

(4) Maintain a publicly available list that includes each practitioner's:

(a) Status;

(b) Recognition, certificate, or license number, and the date the recognition, certification, or licensure was granted;

(c) Renewal date; and

(d) Record of disciplinary action from the board;

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

(6) Enter into contracts, as necessary to carry out the board's responsibilities pursuant to this chapter;

(7) Communicate disciplinary actions and recognition, certification, or licensing status to the relevant state and federal governing bodies, as required; and

(8) Perform other duties directly related to this chapter.

Source: SL 2004, ch 253, § 13; SL 2013, ch 183, § 8; SL 2026, ch 163, § 3.
S.D. Codified Laws § 36-11A-21 — SD Code / Title 36 / Chapter 11A / Section 36-11A-21
Drop shipment defined
Status: in_force

For the purposes of §§ 36-11A-20 to 36-11A-46 , inclusive, drop shipment is the sale of a prescription drug to a wholesale distributor by the manufacturer of the prescription drug, or that manufacturer's co-licensed product partner, that manufacturer's third party logistics provider, or that manufacturer's exclusive distributor, whereby the wholesale distributor or chain pharmacy warehouse takes title but not physical possession of such prescription drug and the wholesale distributor invoices the pharmacy or chain pharmacy warehouse, or other person authorized by law to dispense or administer such drug to a patient, and the pharmacy or chain pharmacy warehouse or other authorized person receives delivery of the prescription drug directly from the manufacturer, or that manufacturer's third party logistics provider, or that manufacturer's exclusive distributor.

Source: SL 2007, ch 215, § 3.
S.D. Codified Laws § 36-7-11 — SD Code / Title 36 / Chapter 7 / Section 36-7-11
Requirements for licensure
Status: in_force

The board may issue a license to an applicant that:

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

(2) Pays the application fee set by rules promulgated by the board pursuant to chapter 1-26 , not to exceed one hundred seventy-five dollars;

(3) Is eighteen years or older, and a citizen of the United States or a resident of South Dakota;

(4) Is of good moral character;

(5) Is a graduate of an optometric school or college approved by the Accreditation Council on Optometric Education or the board;

(6) Has passed all required sections of a national board examination approved by the board; and

(7) Has committed no act for which disciplinary action may be justified.

Source: SDC 1939, § 27.0704; SL 1941, ch 125, § 2; SL 1947, ch 122, § 1; SL 1983, ch 270, § 1; SL 2020, ch 168, § 4; SL 2022, ch 147, § 5.
S.D. Codified Laws § 36-34-27 — SD Code / Title 36 / Chapter 34 / Section 36-34-27
Application of chapter to ongoing recognition, certification, or licensure
Status: in_force

Nothing in this chapter may be construed to limit the ongoing recognition, certification, or licensure of any person at the level of recognition, certification, or licensure and for the time period established under the former South Dakota Chemical Dependency Counselor Certification Board or the Certification Board for Alcohol and Drug Professionals.

Source: SL 2004, ch 253, § 28; SL 2013, ch 183, § 26.
S.D. Codified Laws § 36-9-87 — SD Code / Title 36 / Chapter 9 / Section 36-9-87
Practice of a licensed clinical nurse specialist
Status: in_force

In addition to performing all those functions within the scope of practice of a registered nurse as provided in this chapter, the practice of a licensed clinical nurse specialist, by means of graduate education in nursing and additional clinical preparation which provides for knowledge, judgment, and skills beyond that required of a registered nurse licensed under this chapter, means to:

(1) Provide advanced nursing assessment, nursing interventions, and nursing care management in a clinical specialty area in a variety of settings, by integrating the areas of education, research, consultation, and leadership into their clinical role;

(2) Utilize advanced nursing skills and knowledge to coordinate and manage highly complex nursing care problems across settings, across disciplines and agencies, and throughout the life span in a clinical specialty area; and

(3) In collaboration with a licensed physician, prior to care being provided, order and dispense durable medical equipment or therapeutic devices or refer clients to qualified licensed providers under title 36.

Nothing in this section would preclude the retail sale or rental of durable medical equipment as defined in § 10-45-1 , or would prevent or restrict the practice, service, or activity of a person licensed in this state by any other law from engaging in the profession or occupation for which that person is licensed if that person is performing services within an authorized scope of practice.

Source: SL 1995, ch 217, § 10; SL 2021, ch 175, § 4.
S.D. Codified Laws § 36-15-50.1 — SD Code / Title 36 / Chapter 15 / Section 36-15-50.1
Temporary license to school graduate--Duration of license
Status: in_force

Any person who successfully completes a course of education in an approved and licensed school in this state, or in any other licensed cosmetology, nail technology, or esthetics school, as applicable, not located within this state that is shown to the satisfaction of the commission to be comparable, may apply to the commission for a temporary license which will authorize the applicant to perform all the practices of a regularly licensed cosmetologist, nail technician, or esthetician, as applicable. The application shall be accompanied by:

(1) Evidence satisfactory to the commission that the course of education has been successfully completed;

(2) The fee for a temporary license as provided in this chapter; and

(3) The application and fee for a cosmetologist, nail technician, or esthetician examination, as applicable.

A temporary license issued by the commission is valid until the date of the next scheduled examination in cosmetology, nail technology, or esthetics, as applicable. If the holder of a temporary license takes the applicable examination at that time, the commission shall extend the temporary license until the result of the examination is mailed to the person. If a person is not excused from the examination by the commission or fails the examination, the temporary license is invalid and may not be extended or reissued.

Source: SL 1972, ch 206, § 41; SL 1997, ch 218, § 21; SL 2003, ch 202, § 57.
S.D. Codified Laws § 36-11-46.10 — SD Code / Title 36 / Chapter 11 / Section 36-11-46.10
Notice to practitioner of biological product dispensed
Status: in_force

Any entry into an electronic records system as described in § 36-11-46.9 is presumed to provide notice to the practitioner. Otherwise, the pharmacist shall communicate the biological product dispensed to the practitioner using facsimile, telephone, electronic transmission, or other prevailing means, if communication is not required where:

(1) There is no interchangeable biological product approved by the U.S. Food and Drug Administration for the product prescribed; or

(2) A refill prescription is not changed from the product dispensed on the prior filling of the prescription.

Source: SL 2018, ch 231, § 10.
S.D. Codified Laws § 36-18A-40 — SD Code / Title 36 / Chapter 18A / Section 36-18A-40
Failure to complete continuing professional development requirements as grounds for nonrenewal--Inactive or retired status
Status: in_force

The board may decline to renew a license if an applicant has not completed continuing professional development requirements. A license for a two - year period shall be issued upon completion of the requirements. The board may provide, by rules promulgated pursuant to chapter 1-26 , for the inactive or retired status of a person who has been duly licensed under this chapter and who chooses to relinquish or not to renew a license.

Source: SL 1999, ch 195, § 40.
S.D. Codified Laws § 36-1C-20 — SD Code / Title 36 / Chapter 1C / Section 36-1C-20
Criminal history--Notice of adverse action--Hearing
Status: in_force

If an agency or administrator intends to take an adverse action against an applicant based on an applicant's criminal history, as provided in this chapter, the agency or administrator must provide written notice to the applicant of the agency's or administrator's intent to take adverse action and that, unless the applicant requests a hearing in writing within twenty calendar days, the administrator may take the adverse action without a hearing. If the applicant requests a hearing, notice and a contested case hearing under § 1-26-27 are required.

If an agency or administrator intends to take an adverse action against a licensee based on the licensee's criminal history, as provided in § 36-1C-17 , the administrator must comply with the complaint procedure outlined in this chapter.

During any requested hearing, the applicant or licensee shall have the right to present evidence demonstrating that the crime or crimes at issue does not directly relate to the relevant profession or occupation and any evidence of the individual's rehabilitation from the crime or crimes at issue such that the individual no longer poses the kind of risk to the profession or occupation normally associated with the type of conviction. The agency shall consider this evidence in making its determination.

The applicant or licensee shall have a right to a judicial review of the final decision pursuant to § 1-26-30.2 . An applicant or licensee may waive the right to a contested case hearing as part of any final resolution of the licensure matter.

Source: SL 2024, ch 150, § 5.
S.D. Codified Laws § 36-19-36 — SD Code / Title 36 / Chapter 19 / Section 36-19-36
License--Limitations on transferability
Status: in_force

Each license issued under this chapter, other than the funeral establishment license, is not transferable and must be displayed by the licensee in a conspicuous place in the licensee's office or place of business.

Source: SDC 1939, § 27.1407; SL 1939, ch 102, § 5; SL 1951, ch 132, § 2; SL 1963, ch 154, § 6; SL 2023, ch 137, § 17.
S.D. Codified Laws § 36-11-19.7 — SD Code / Title 36 / Chapter 11 / Section 36-11-19.7
Nonresident pharmacy dispensing equivalent drug product or interchangeable biological product
Status: in_force

No nonresident pharmacy may dispense an equivalent drug product or an interchangeable biological product if a brand name has been prescribed, unless the dispensing is done in compliance with the laws of this state nor may dispense an equivalent drug product or an interchangeable biological product to a resident of this state without informing the patient of the selection and the right to refuse the product selected either by telephone or in writing.

Source: SL 1997, ch 217, § 6; SL 2018, ch 231, § 3.
S.D. Codified Laws § 36-24-9.1 — SD Code / Title 36 / Chapter 24 / Section 36-24-9.1
Per diem and expenses of board
Status: in_force

Each board member shall receive a per diem set pursuant to § 4-7-10.4 and may be reimbursed for expenses as provided by law while engaged in official duties.

Source: SL 1997, ch 221, § 15; SL 2018, ch 12, § 17; SL 2024, ch 159, § 8.
S.D. Codified Laws § 36-15-61 — SD Code / Title 36 / Chapter 15 / Section 36-15-61
Injunction against violations--Expenditure of moneys authorized
Status: in_force

The commission or any resident of this state may bring an action in circuit court for an injunction to:

(1) Restrain any person or corporation from the practice of or education in cosmetology without a valid license;

(2) Restrain the operation of any salon or school without a valid license;

(3) Restrain the violation of any of the provisions or requirements of this chapter or rules adopted pursuant to this chapter.

The commission may employ counsel and expend moneys from its treasury for such purposes.

Source: SL 1972, ch 206, § 57; revised pursuant to SL 1972, ch 15, § 4; SL 2003, ch 202, § 66.
S.D. Codified Laws § 36-18A-72 — SD Code / Title 36 / Chapter 18A / Section 36-18A-72
Board to establish procedures and standards for certification of environmental technical services
Status: in_force

The board may promulgate rules, pursuant to chapter 1-26 , regarding procedures and standards for certifying those who perform environmental technical services relative to site assessment, remedial investigations, and corrective actions necessary to remediate water or soil contaminated with a regulated substance and to establish fees to support this activity. Procedures and requirements may be promulgated by rule for determining eligibility, denial, suspension, and revocation of certification. Standards may include more than one level of certification for persons and business entities, any combination of academic background, professional experience, testing, or other technical professional licenses. Any person or business entity who practices without certification pursuant to this section is guilty of a Class 1 misdemeanor.

Source: SL 1999, ch 195, § 72.
S.D. Codified Laws § 36-34-13.5 — SD Code / Title 36 / Chapter 34 / Section 36-34-13.5
Certification or licensure--Licensed in another state
Status: in_force

The board may grant a certificate or license to any person who, at the time of application, is certified or licensed in another state or territory of the United States that imposes substantially the same requirements as this chapter and who has taken and passed an examination similar to that required under this chapter.

Source: SL 2013, ch 183, § 16; SL 2026, ch 163, § 6.
S.D. Codified Laws § 36-24-16 — SD Code / Title 36 / Chapter 24 / Section 36-24-16
License required for practice
Status: in_force

No person may engage in the practice of fitting and dispensing hearing aids or audiology, or display a sign, or in any other way advertise or hold oneself out as a person who practices the fitting and dispensing of hearing aids or audiology in the State of South Dakota unless the person holds a current license issued by the board as provided in this chapter.

Source: SL 1968, ch 118, § 3; SL 1997, ch 221, § 23.
S.D. Codified Laws § 36-11-15 — SD Code / Title 36 / Chapter 11 / Section 36-11-15
Unlicensed dispensing of drugs or operation of pharmacy--Penalty
Status: in_force

Any person, other than a pharmacist, who compounds or dispenses drugs, medicines, or poisons, or who keeps a pharmacy or store for retailing or compounding medicines, or who takes, uses, or exhibits the title of a pharmacist, is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 27.9922; SL 1967, ch 102, § 21; SL 1977, ch 190, § 167; SL 2025, ch 154, § 6.
S.D. Codified Laws § 36-7-13 — SD Code / Title 36 / Chapter 7 / Section 36-7-13
Licensure through endorsement from another United States jurisdiction--Fee--Promulgation of rules
Status: in_force

The board may issue a license to practice as an optometrist by endorsement to a person who has been licensed as an optometrist under the laws of another state or territory under United States jurisdiction if:

(1) The person submits an application and pays the required fee set by rules promulgated by the board pursuant to chapter 1-26 , not to exceed one hundred seventy-five dollars;

(2) In the opinion of the board, the applicant meets the qualifications required of an optometrist in this state at the time of the applicant's original licensure; and

(3) The applicant has engaged in the practice of optometry for at least five consecutive years immediately preceding application under this section.

The board may require additional education, testing, or training before granting licensure if competency of any applicant is in question. Any applicant who has been denied a license by the board must reapply and meet all initial licensure requirements before the board may grant licensure.

Source: SDC 1939, § 27.0704 (6); SL 1941, ch 125, § 2; SL 1951, ch 131, § 3; SL 1986, ch 306, § 2; SL 2006, ch 196, § 1; SL 2008, ch 191, § 15; SL 2022, ch 147, § 7.
S.D. Codified Laws § 36-21A-52 — SD Code / Title 36 / Chapter 21A / Section 36-21A-52
Registration of place of business--Change of location
Status: in_force

Each person licensed under this chapter shall register the following place of business with the commission:

(1) For a broker associate or real estate salesperson, the licensee's responsible broker's place of business; or

(2) For a responsible broker or restricted broker, the licensee's main place of business, where the commission may send official communication.

In case of removal from the registered address, the licensee and responsible broker shall give written notice to the commission before the removal or within ten days after removal. If a licensee fails to register a new place of business, the commission must place the licensee on inactive status.

Source: SL 1992, ch 273, § 52; SL 2013, ch 190, § 1; SL 2022, ch 152, § 2.
S.D. Codified Laws § 36-13-9 — SD Code / Title 36 / Chapter 13 / Section 36-13-9
Unauthorized business prohibited--Violation as misdemeanor
Status: in_force

Any person making, compiling, or certifying to abstracts of title to property in this state without having a certificate of registration from the board commits a Class 1 misdemeanor.

Source: SDC 1939, § 1.9901; SL 1977, ch 190, § 175; SL 2008, ch 195, § 13.
S.D. Codified Laws § 36-1-3 — SD Code / Title 36 / Chapter 1 / Section 36-1-3
Retroactive operation of chapter
Status: in_force

This chapter shall operate retroactively and any person within the class named herein practicing or engaged in any profession, trade, science or business on July 1, 1947, shall be deemed to have been fully restored and reinstated to the status existing on the date of induction or enlistment into the armed forces and any act or thing done by any department, state board, commission, agency, or officer restoring and reinstating such person to such status is hereby validated and legalized.

Source: SL 1947, ch 187, § 3; SDC Supp 1960, § 41.0511.
S.D. Codified Laws § 36-6A-49 — SD Code / Title 36 / Chapter 6A / Section 36-6A-49
Temporary registration for dentist or dental hygienist licensed in another state
Status: in_force

Any dentist or dental hygienist licensed in a state or territory of the United States whose licensure requirements are equivalent or higher than those of this state and who has completed a minimum of fifteen hundred clinical practice hours within the five years preceding the date of application or graduated from an American Dental Association Commission on Dental Accreditation accredited United States dental or dental hygiene school within three years preceding the date of application, with all licenses in good standing and no disciplinary proceeding or unresolved disciplinary complaint pending before a dental board, may be granted a temporary registration to practice in conjunction with a dentist or entity pursuant to subdivision 36-6A-33(9), (10), (12), or (13) only until a date set by the board and is subject to the requirements and conditions set forth in said registration.

Source: SL 1981, ch 275, § 31; SL 1992, ch 269, § 39; SL 2015, ch 199, § 57.
S.D. Codified Laws § 36-37-14 — SD Code / Title 36 / Chapter 37 / Section 36-37-14
Speech-language pathologist--Requirements for licensure
Status: in_force

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

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

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

(3) Possesses a master's or doctoral degree from an educational institution that is accredited, or has been awarded accreditation candidate status, by the accrediting agency of the American Speech-Language-Hearing Association and is an educational institution approved by the United States Department of Education;

(4) Has completed supervised clinical practicum experiences from an educational institution or its cooperating programs;

(5) Has completed a supervised postgraduate professional experience;

(6) Has passed a written national examination in speech-language pathology; and

(7) Has committed no act for which disciplinary action is justified.

Any license issued to a speech-language pathologist who possesses a master's or doctoral degree from an educational institution awarded candidate status by the American Speech-Language-Hearing Association automatically expires if the educational institution fails to maintain candidacy status or is denied accreditation. The speech-language pathologist shall inform the board of any changes to the educational institution's candidacy status.

Source: SL 2012, ch 196, § 14; SL 2023, ch 141, § 9.
S.D. Codified Laws § 36-1C-1 — SD Code / Title 36 / Chapter 1C / Section 36-1C-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Administrator," the executive director, executive secretary, or other person designated as being responsible for a professional or occupational licensing's board, commission, or agency operation;

(2) "Adverse action," a final decision by an administrator or agency to deny, condition, discipline, fine, limit, suspend, revoke, refuse to renew, or otherwise withhold a license. The term does not include emergency or temporary action against an applicant or licensee;

(3) "Agency," a professional or occupational licensing board, commission, or agency set forth in title 36;

(4) "Conviction," a plea of guilty, a verdict of guilty by a jury, a finding of guilty, or a plea of nolo contendere or a similar plea which is accepted by a court;

(5) "Criminal history," any criminal conviction, sentence, or judgment against a licensee or applicant;

(6) "Complaint," an allegation of a violation of the laws or rules of a professional or occupational licensing board, commission, or agency set forth in title 36;

(7) "Investigative committee," one or more persons employed or contracted by a professional or occupational licensing board, commission, or agency set forth in title 36 to review and investigate complaints; and

(8) "License," any certification, license, permit, or other authorization related to the practice of any profession or occupation regulated under title 36.

Source: SL 2021, ch 168, § 1; SL 2024, ch 150, § 1.
S.D. Codified Laws § 36-21A-149 — SD Code / Title 36 / Chapter 21A / Section 36-21A-149
Duties under common law
Status: in_force

This section supersedes only the duties of the parties under the common law, including fiduciary duties of an agent to a principal, to the extent inconsistent with this chapter. The common law continues to apply to the parties in all other respects. This chapter does not affect the duties of any licensee while engaging in the authorized or unauthorized practice of law as determined by the courts of this state.

Source: SL 1998, ch 229, § 26.
S.D. Codified Laws § 36-14-26 — SD Code / Title 36 / Chapter 14 / Section 36-14-26
Record of proceedings relative to certificates--Contents--Public inspection
Status: in_force

The Board of Barber Examiners shall keep a record of its proceedings relative to the issuance, refusal, renewal, suspension, and revocation of certificates of registration, which record shall contain the name, place of business, and the residence of each registered barber and the date and number of the barber's certificate of registration. This record shall be open to public inspection at all reasonable times.

Source: SDC 1939, § 27.1606; SL 2017, ch 175, § 13.
S.D. Codified Laws § 36-12-22.1 — SD Code / Title 36 / Chapter 12 / Section 36-12-22.1
Revocation of technician's registration
Status: in_force

The registration of any veterinary technician may be revoked for any cause set out in § 36-12-22 providing for revocation of the license of a veterinarian or for violation of any provisions of §§ 36-12-21.1 to 36-12-21.8 , inclusive, or the rules of the board, and such revocation shall be in the same manner as provided in chapter 1-26 and this chapter for revocation of the license of a veterinarian.

Source: SL 1973, ch 245, § 8; SL 1993, ch 280, § 10.
S.D. Codified Laws § 36-11A-28 — SD Code / Title 36 / Chapter 11A / Section 36-11A-28
Information to be provided by applicants
Status: in_force

The board shall require the following minimum information from each wholesale distributor applying to obtain a license under § 36-11A-27 :

(1) The name, full business address, and telephone number of the licensee;

(2) Any trade or business name used by the licensee;

(3) The address, telephone number, and the name of any contact person for any facilities used by the licensee for the storage, handling, and distribution of prescription drugs;

(4) The type of ownership or operation;

(5) The name of the owner and the operator of the licensee, including:

(a) If a person, the name of the person;

(b) If a partnership, the name of each partner, and the name of the partnership;

(c) If a corporation, the name and title of each corporate officer and director, the corporate names, and the name of the state of incorporation; and

(d) If a sole proprietorship, the full name of the sole proprietor and the name of the business entity;

(6) A list of all licenses and permits issued to the applicant by any other state that authorizes the applicant to purchase or possess prescription drugs;

(7) The name of the applicant's designated representative for the facility, together with the personal information statement and fingerprints, required pursuant to subdivision (8) for such person;

(8) Each person required by subdivision (7) to provide a personal information statement and fingerprints, if required, shall provide the following information to the board:

(a) The person's places of residence for the past seven years;

(b) The person's date and place of birth;

(c) The person's occupations, positions of employment, and offices held during the past seven years;

(d) The principal business and address of any business, corporation, or other organization in which each such office of the person was held or in which each such occupation or position of employment was carried on;

(e) Whether the person has been, during the past seven years, the subject of any proceeding for the revocation of any license or any criminal violation and, if so, the nature of the proceeding and the disposition of the proceeding;

(f) Whether, during the past seven years, the person has been enjoined, either temporarily or permanently, by a court of competent jurisdiction from violating any federal or state law regulating the possession, control, or distribution of prescription drugs or had any criminal violations of such laws, together with details concerning any such event;

(g) A description of any involvement by the person with any business, including any investments, other than the ownership of stock in a publicly traded company or mutual fund, during the past seven years, which manufactured, administered, prescribed, distributed, or stored pharmaceutical products and any lawsuits in which such businesses were named as a party;

(h) A description of any misdemeanor or felony criminal offense of which the person, as an adult, was found guilty, regardless of whether adjudication of guilt was withheld or whether the person pled guilty or nolo contendere. If the person indicates that a criminal conviction is under appeal and submits a copy of the notice of appeal of that criminal offense, the applicant shall, within fifteen days after the disposition of the appeal, submit to the board a copy of the final written order of disposition; and

(i) A photograph of the person taken in the previous one hundred eighty days.

The information required pursuant to this section shall be provided under oath.

Source: SL 2007, ch 215, § 10.
S.D. Codified Laws § 36-9-15 — SD Code / Title 36 / Chapter 9 / Section 36-9-15
Delegation of activities to executive director
Status: in_force

The board may delegate to the executive director those activities that will expedite the functions of the board.

Source: SL 1955, ch 91, § 3; SDC Supp 1960, § 27.0903 (3) (o); SL 1967, ch 101, § 3 (3) (o); SL 1979, ch 255, § 8; SL 1986, ch 307, § 16; SL 2016, ch 194, § 12.
S.D. Codified Laws § 36-26-33 — SD Code / Title 36 / Chapter 26 / Section 36-26-33
Initiation of cancellation, revocation, or suspension proceedings
Status: in_force

The proceedings for cancellation, revocation, or suspension of a license may be initiated when the board has information that any person may have been guilty of any misconduct as provided in § 36-26-32 or is guilty of gross incompetence or unprofessional or dishonorable conduct.

Source: SL 1975, ch 22, § 30.
S.D. Codified Laws § 36-9C-27 — SD Code / Title 36 / Chapter 9C / Section 36-9C-27
Prohibited conduct--Violation as misdemeanor
Status: in_force

No person may:

(1) Practice or offer to practice as a certified professional midwife or certified professional midwife student without being licensed pursuant to this chapter;

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

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

(4) Use in connection with that person's name a sign, card, device, or other designation that implies that the person is a certified professional midwife without being licensed pursuant to this chapter; or

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

A violation of this section is a Class 1 misdemeanor.

Source: SL 2017, ch 172, § 27.
S.D. Codified Laws § 36-31-2 — SD Code / Title 36 / Chapter 31 / Section 36-31-2
Occupational therapy council--Appointment--Terms--Meetings--Duties--Board communication
Status: in_force

The board shall appoint an occupational therapy council composed of two occupational therapists and one occupational therapy assistant. 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:

(1) Assist the board in all matters related to the licensure, practice, education, continuing education, investigation, and discipline of occupational therapists and occupational therapy assistants;

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

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

The board shall communicate activity on all matters relating to occupational therapists or occupational therapy assistants with the council.

Source: SL 1986, ch 323, § 2; SL 2005, ch 199, § 70; SL 2020, ch 167, § 8; SL 2024, ch 152, § 14.
S.D. Codified Laws § 36-10-43 — SD Code / Title 36 / Chapter 10 / Section 36-10-43
Action on license--Quorum requirement
Status: in_force

All proceedings relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license that has been revoked or suspended may be held only when a majority of the State Board of Physical Therapy is present.

Source: SL 1972, ch 205, § 21; SL 2023, ch 136, § 26.
S.D. Codified Laws § 36-11A-14 — SD Code / Title 36 / Chapter 11A / Section 36-11A-14
Promulgation of rules
Status: in_force

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

(1) Application procedures and information required for initial application and for renewal of license;

(2) Treatment of confidential materials;

(3) Qualification of applicants;

(4) Temporary licensure;

(5) Licensure by reciprocity;

(6) Annual license fee;

(7) Requirements for storing and handling prescription drugs;

(8) Record keeping;

(9) Liability insurance;

(10) Security systems and procedures;

(11) Personnel;

(12) Policies and procedures;

(13) Inspection of incoming and outgoing product shipments by licensees;

(14) Conduct of inspections by the board; and

(15) Due process.

Source: SL 1991, ch 307, § 14; SL 2017, ch 174, § 12.
S.D. Codified Laws § 36-35-25 — SD Code / Title 36 / Chapter 35 / Section 36-35-25
Application of chapter
Status: in_force

The provisions of this chapter do not apply to any person performing massage for compensation if the massage is done under one of the following circumstances:

(1) As part of a licensed practice as a physician, physician assistant, chiropractor, nurse, physical therapist, athletic trainer, or other health care profession licensed or certified under title 36;

(2) As part of a licensed practice pursuant to chapter 36-14 or 36-15 , if the licensee is performing within the scope of the licensed practice and the licensee does not hold himself or herself out to be a massage therapist or to be engaged in the practice of massage therapy;

(3) In furtherance of duties as an employee of the United States;

(4) As part of a course of study with a facility or instructor recognized and approved by the board to provide training in massage or the provision of such instruction;

(5) As part of providing a course of instruction or continuing education by a licensed massage therapist from another state or provider preapproved by the board, in the practice of massage therapy on a temporary basis not in excess of ten days per calendar year; or

(6) Manipulation of the soft tissues of the human body is restricted to the hands, feet, or ears and the person does not hold himself or herself out to be a massage therapist or to be engaged in the practice of massage therapy.

Source: SL 2005, ch 206, § 25; SL 2016, ch 197, § 18.
S.D. Codified Laws § 36-31-14 — SD Code / Title 36 / Chapter 31 / Section 36-31-14
Grounds for revocation, suspension, or cancellation of license
Status: in_force

The license of an occupational therapist or occupational therapy assistant may be revoked, suspended, or canceled upon any one of these grounds:

(1) The licensee is guilty of fraud in the practice of occupational therapy or fraud or deceit in his admission to the practice of occupational therapy; or

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

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

(4) The licensee is determined by a medical examiner to be addicted to the habitual use of intoxicating liquors, narcotics, or stimulants to the extent that it incapacitates him from the performance of his professional duties; or

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

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

(7) Being guilty of unprofessional conduct as defined by the rules established by the board, or violating the code of ethics adopted and published by the board; or

(8) Making a false statement in connection with any application under this chapter; or

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

(10) The licensee has violated any provisions of this chapter or the rules promulgated hereunder.

Source: SL 1986, ch 323, § 14.
S.D. Codified Laws § 36-1D-1 — SD Code / Title 36 / Chapter 1D / Section 36-1D-1
Eligibility--Licensure by endorsement
Status: in_force

Notwithstanding any existing provisions related to licensure by endorsement or licensure by reciprocity in any applicable licensing statute, a licensing board or a department secretary, if the secretary is responsible for issuing the license, shall issue a license, certificate, registration, or permit to an applicant to allow practice in this state if, upon application to the licensing board, the applicant satisfies all of the following conditions:

(1) Holds a current license, certificate, registration, or permit from another state, territory, or country and the licensing board determines that state's, territory's, or country's requirements are substantially equivalent to or exceed the requirements established in this state;

(2) Demonstrates competency in the profession or occupation through methods determined by the licensing board or a department secretary, if the secretary is responsible for issuing the license;

(3) Has not committed any act that constitutes grounds for refusal, suspension, or revocation of a license, certificate, registration, or permit to practice that profession or occupation in this state unless the licensing board determines, in its discretion, that the act should not be an impediment to the granting of a license, certificate, registration, or permit to practice in this state;

(4) Is in good standing and has not been disciplined by the jurisdiction that issued the license, certificate, registration, or permit unless the licensing board determines, in its discretion, that the discipline should not be an impediment to the granting of a license, certificate, registration, or permit to practice in this state; and

(5) Pays any fees established by the licensing board by rules promulgated pursuant to chapter 1-26 .

Source: SL 2021, ch 169, § 1; SL 2023, ch 133, § 1.
S.D. Codified Laws § 36-9C-31 — SD Code / Title 36 / Chapter 9C / Section 36-9C-31
Injunction as alternative to criminal proceedings
Status: in_force

An action for injunction is an alternative to criminal proceedings, and the commencement of either proceeding by the board constitutes an election.

Source: SL 2017, ch 172, § 31.
S.D. Codified Laws § 36-6A-28 — SD Code / Title 36 / Chapter 6A / Section 36-6A-28
Unauthorized practice or representation as dentist or dental hygienist, radiographer, registered assistant, or specialist--Misdemeanor
Status: in_force

Each person who practices as, attempts to practice as, or purports to be a dentist, dental hygienist, dental radiographer, or registered dental assistant in this state without being licensed or without being registered for that purpose or without being exempted from this chapter is guilty of a Class 1 misdemeanor.

Any dentist who implies, purports or leads a patient to believe that the dentist is a dental specialist without meeting the educational requirements set forth in this chapter, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 27.9918; SL 1977, ch 190, § 147; SL 1981, ch 275, § 12; SL 1984, ch 250, § 4; SL 1992, ch 269, § 22; SL 2015, ch 199, § 27.
S.D. Codified Laws § 36-6A-25 — SD Code / Title 36 / Chapter 6A / Section 36-6A-25
Reinstatement of suspended or revoked license or registration
Status: in_force

Any licensee or registrant whose license or registration has been suspended or revoked may have a license or registration reinstated or a new license or registration may be issued when in the discretion of the board the action is warranted. The board may require the applicant to pay all costs of the proceedings resulting in the suspension or revocation of the license or registration and reinstatement or issuance of a new license or registration.

Source: SDC 1939, § 27.0607; SL 1971, ch 213, § 38; SL 1992, ch 269, § 59; SL 2015, ch 199, § 24.
S.D. Codified Laws § 36-21A-151 — SD Code / Title 36 / Chapter 21A / Section 36-21A-151
Applicants and licensees under disciplinary investigation--Criminal background check
Status: in_force

Each applicant for licensure and registration as a real estate broker, property manager, or residential rental agent 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, § 1; SL 2021, ch 179, § 1.
S.D. Codified Laws § 36-31-3 — SD Code / Title 36 / Chapter 31 / Section 36-31-3
Practice or representation as occupational therapist by unlicensed person as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person to practice occupational therapy or represent himself as an occupational therapist or use in connection with his name the words or letters "OTR"; "OTR/L"; "Occupational Therapist, Registered"; "Occupational Therapist, Registered/Licensed"; "Certified Occupational Therapy Assistant"; "COTA"; "COTA/L"; "Certified Occupational Therapy Assistant/Licensed"; or any other letters, words or insignia indicating or implying that he is an occupational therapist or occupational therapy assistant, or as being able to practice occupational therapy, or to render occupational therapy services in this state unless he is licensed under the provisions of this chapter.

Source: SL 1986, ch 323, § 3.
S.D. Codified Laws § 36-31A-15 — SD Code / Title 36 / Chapter 31A / Section 36-31A-15
Binding effect of compact
Status: in_force

A. A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and rules of the remote state.

B. Nothing in this compact prevents the enforcement of any other law of a member state, which is not inconsistent with the compact.

C. Any laws in a member state that are in conflict with this compact are superseded to the extent of the conflict.

D. Any lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.

E. All agreements between the commission and the member states are binding in accordance with their terms.

F. If any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, the provision is ineffective to the extent of the conflict with the constitutional provision in question in that member state.

Source: SL 2023, ch 139, § 15.
S.D. Codified Laws § 36-18A-65 — SD Code / Title 36 / Chapter 18A / Section 36-18A-65
Prohibited acts--Violation as Class 2 misdemeanor
Status: in_force

No person may:

(1) Practice, or offer to practice, the professions of engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation in this state without being licensed or exempt in accordance with the provisions of this chapter;

(2) Use or employ the title of architect, landscape architect, land surveyor, professional engineer, petroleum release assessor, or petroleum release remediator with or without qualifying adjectives without being licensed in accordance with the provisions of this chapter;

(3) Use any other words, letters, or figures indicating or intending to imply that the person is a professional engineer, architect, land surveyor, landscape architect, petroleum release assessor, or petroleum release remediator without being licensed in accordance with the provision of this chapter;

(4) Present or attempt to use the certificate of licensure or seal of another, or affix a professional engineer's, architect's, land surveyor's, or landscape architect's seal on any plans, specifications, drawings, or other technical submittals which have not been prepared by that person or under that person's responsible charge and direct personal supervision;

(5) Present any false or forged evidence of any kind to the board in obtaining a certificate of licensure;

(6) Falsely impersonate any other licensee;

(7) Attempt to use an expired, suspended, or revoked license;

(8) Knowingly allow person's name or seal to be used upon plans or work not actually performed by that person or under that person's responsible charge and direct supervision; or

(9) By act of commission or omission, violate any of the provisions of this chapter.

A violation of this section is a Class 2 misdemeanor.

Source: SL 1999, ch 195, § 65.
S.D. Codified Laws § 36-11A-10 — SD Code / Title 36 / Chapter 11A / Section 36-11A-10
Temporary licenses
Status: in_force

The board may grant temporary licensure when a wholesale drug distributor first applies for a license to operate within this state. Temporary licenses remain valid until the board approves or denies the license or for ninety days, whichever occurs first.

Source: SL 1991, ch 307, § 10.
S.D. Codified Laws § 36-9-37 — SD Code / Title 36 / Chapter 9 / Section 36-9-37
Proof of education required--Licensed practical nurse
Status: in_force

An applicant for a license to practice as a licensed practical nurse shall submit to the Board of Nursing written evidence, verified by oath, that the applicant has completed an approved program or its equivalent for the preparation of licensed practical nurses.

Source: SL 1949, ch 109, § 5; SL 1955, ch 91, § 5; SDC Supp 1960, § 27.0905 (1); SL 1967, ch 101, § 5 (1); SL 1975, ch 234, § 3; SL 1976, ch 228, § 25; SL 1979, ch 255, § 31; SL 1981, ch 279, § 3; SL 2020, ch 168, § 6.
S.D. Codified Laws § 36-9A-5 — SD Code / Title 36 / Chapter 9A / Section 36-9A-5
Practice regulated by Board of Nursing
Status: in_force

The practice in this state as a certified nurse practitioner or certified nurse midwife is regulated by the South Dakota Board of Nursing. The board may license, supervise the practice, and revoke or suspend licenses or otherwise discipline any person applying for or practicing as a certified nurse practitioner or certified nurse midwife. The board shall conduct its business in accordance with chapter 36-9 .

Source: SL 1979, ch 256, § 2; SL 1995, ch 218, § 8; SL 2017, ch 171, § 8.
S.D. Codified Laws § 36-31A-13 — SD Code / Title 36 / Chapter 31A / Section 36-31A-13
Implementation date--Withdrawal--Other cooperation permitted--Amendment
Status: in_force

A. The compact shall take effect on the date that the compact is enacted in the tenth member state. The provisions, which become effective at that time, are 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 after the initial adoption of the rules is subject to the rules as they exist on the date that the compact becomes law in that state. Any rule that was previously adopted by the commission has the full force and effect of law on the day the compact becomes law in that state.

C. A member state may withdraw from this compact by repealing the enacting statute.

1. A member state’s withdrawal is not effective until six months after enactment of the repealing statute.

2. Withdrawal does not affect the continuing requirement of the withdrawing state’s occupational therapy licensing board to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.

D. Nothing contained in this compact invalidates or prevents any occupational therapy licensure agreement or other cooperative arrangement between a member state and a non-member state, provided it does not conflict with this compact.

E. This compact may be amended by the member states. No amendment to this compact may become effective and binding upon any member state until it is enacted into law by all the member states.

Source: SL 2023, ch 139, § 13.
S.D. Codified Laws § 36-11A-18 — SD Code / Title 36 / Chapter 11A / Section 36-11A-18
Limitations on state board of pharmacy
Status: in_force

The board may not require the employment of licensed pharmacists by wholesale distributor licensees unless otherwise required by law, nor may the board regulate prices or the terms and conditions of sale of prescription drugs unless otherwise specified in this chapter.

Source: SL 1991, ch 307, § 18.
S.D. Codified Laws § 36-19-37 — SD Code / Title 36 / Chapter 19 / Section 36-19-37
License expiration--Renewal--Fee--Promulgation of rules
Status: in_force

Each license issued under this chapter expires on the following December thirty-first.

Each application for renewal must be submitted to the board during the month of December and must be accompanied by a renewal fee. The board shall promulgate rules, in accordance with chapter 1-26 , to establish the amount of the fee, which may not exceed three hundred fifty dollars.

Source: SDC 1939, § 27.1407; SL 1939, ch 102, § 5; SL 1951, ch 132, § 2; SL 1963, ch 154, § 6; revised pursuant to SL 1972, ch 15, §§ 3, 4; SL 1977, ch 300, § 7; SL 1991, ch 311, § 6; SL 2007, ch 220, § 4; SL 2008, ch 191, § 38; SL 2023, ch 137, § 18; SL 2025, ch 160, § 3.
S.D. Codified Laws § 36-24-47 — SD Code / Title 36 / Chapter 24 / Section 36-24-47
Promulgation of rules
Status: in_force

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

(1) Delineate qualifications for licensure;

(2) Specify requirements for the renewal of licensure;

(3) Establish standards of professional conduct;

(4) Establish a schedule of disciplinary actions for violations of professional conduct;

(5) Establishment requirements for inactive licenses;

(6) Establish procedures for the collection and management of fees and payments; and

(7) Establish requirements for license application and renewal.

Source: SL 2024, ch 159, § 27.
S.D. Codified Laws § 36-28-5 — SD Code / Title 36 / Chapter 28 / Section 36-28-5
Board continued within Department of Health--Records and reports
Status: in_force

The Board of Nursing Facility Administrators shall continue within the Department of Health, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required by the secretary of health, except that the board shall report at least annually.

Source: SL 1973, ch 2, § 56 (s); SDCL Supp, § 34-12A-4.1; SL 2003, ch 272 (Ex. Ord. 03-1), § 40.
S.D. Codified Laws § 36-9C-15 — SD Code / Title 36 / Chapter 9C / Section 36-9C-15
Duration of license--Renewal
Status: in_force

The license of a certified professional midwife is valid for two years and is renewable pursuant to § 36-9C-16 . The board shall provide a notice for renewal to each licensed certified professional midwife at least ninety days before the expiration date of the license or certificate of renewal.

Source: SL 2017, ch 172, § 15.
S.D. Codified Laws § 36-29-25 — SD Code / Title 36 / Chapter 29 / Section 36-29-25
Enforcement duties of board
Status: in_force

In addition to the duties set forth elsewhere in this chapter, the Board of Medical and Osteopathic Examiners shall:

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

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

Source: SL 1984, ch 255, § 25.
S.D. Codified Laws § 36-11-5.1 — SD Code / Title 36 / Chapter 11 / Section 36-11-5.1
Board continued within Department of Health--Records and reports
Status: in_force

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

Source: SL 1973, ch 2, § 56 (n); SL 2003, ch 272, § 42.
S.D. Codified Laws § 36-21A-82 — SD Code / Title 36 / Chapter 21A / Section 36-21A-82
Deposit slip and ledger sheet for special trust account--Records maintained--Notice to commission as to financial institution and name of account
Status: in_force

The broker shall at the time of making the deposit make a deposit slip clearly stating the name of the principal for whom it is deposited. In addition, the broker shall maintain in his office an individual ledger sheet for his principal showing the amount deposited in trust and any expenditures therefrom. The ledger sheet, deposit slip and any other record shall be made available for inspection by the commission upon request. The deposit slip and ledger sheet shall be kept as a part of the records of the broker at least four years from the closing of the transaction. A broker shall notify the commission of the name of the financial institution in which the trust account is maintained and also the name of the account on forms provided by the commission.

Source: SL 1992, ch 273, § 82.
S.D. Codified Laws § 36-6A-27 — SD Code / Title 36 / Chapter 6A / Section 36-6A-27
Immunity from liability for acts of members of professional committees--Confidentiality of committee communications
Status: in_force

There may be no monetary liability on the part of, and no cause of action for damages may arise against, any member of a duly appointed committee of a state or local professional society, comprised of dentists or dental hygienists, for any act or proceeding undertaken or performed within the scope of the functions of the committee which is formed to maintain the professional standards of the society established by its bylaws, if the committee member acts without malice, has made a reasonable effort to obtain the facts of the matter as to which the committee member acts, and acts in reasonable belief that the action taken by the committee member is warranted by the facts known to the committee member after a reasonable effort to obtain facts. For the purposes of this section, the term, professional society, means any dental organization having as members at least a majority of the eligible licensees in the area served by the particular society. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation. No communications either to or from any committee or its members or its proceedings, if acting as a peer review committee concerning the ethical or professional practices of any dentist are discoverable for any purpose in any civil or criminal action. However, a communication is discoverable in an administrative proceeding as contemplated by chapter 1-26 . All such communications are confidential. The committee shall transfer all documentation material to a complaint to the board upon subpoena by the board or upon filing a complaint. The confidentiality provided in this section ceases upon transfer of the material to the board.

Source: SL 1975, ch 233; SL 1981, ch 276; SL 1986, ch 305, § 1; SL 1992, ch 269, § 19; SL 2015, ch 199, § 26.
S.D. Codified Laws § 36-32-64 — SD Code / Title 36 / Chapter 32 / Section 36-32-64
Licensed professional counselor--Application--Requirements--Appeal
Status: in_force

An applicant for a license as a professional counselor shall file an application, in the manner prescribed by the board, together with the application fee prescribed by the board in accordance with § 36-32-92 . The board may issue a license as a professional counselor to an applicant who pays the license fee and demonstrates that:

(1) The applicant has received a master's or a doctoral degree, consisting of at least:

(a) Forty-eight credit hours in counseling from an accredited counseling program recognized by the board, if the applicant began the program before July 1, 2024; or

(b) Sixty credit hours in counseling from an accredited counseling program recognized by the board, if the applicant began the program on or after July 1, 2024;

(2) The applicant has passed the National Counselor Examination administered by the National Board for Certified Counselors;

(3) Within the four years preceding the application, the applicant completed two thousand hours of postgraduate supervision, in a manner prescribed by the board, in counseling under a plan of supervision approved by the board;

(4) The applicant has no pending disciplinary proceeding or unresolved disciplinary complaint;

(5) The applicant is of good moral character; and

(6) The applicant is not in violation of any provision of this chapter or any rule promulgated under this chapter.

The board may refuse to grant a license to an applicant who fails to meet the requirements of this section.

Notwithstanding the provisions of subdivision (3), the board may grant a license, to an applicant who does not complete the required postgraduate supervision within four years of the application upon the applicant's show of good cause for exceeding the time limit.

Notwithstanding the provisions of subdivision (5), the board may grant a license to an applicant who has been convicted of or pled guilty to a felony, to any crime involving or relating to the practice of counseling, or to any crime involving dishonesty or moral turpitude, if the board determines that the applicant does not constitute a risk to public safety.

An applicant may appeal the denial of a license in accordance with chapter 1-26 .

Source: SL 2020, ch 165, § 18; SL 2024, ch 164, § 1.
S.D. Codified Laws § 36-9-11.1 — SD Code / Title 36 / Chapter 9 / Section 36-9-11.1
Board continued within Department of Health--Records and reports
Status: in_force

The Board of Nursing is continued within the Department of Health and retains all its prescribed functions, including administrative functions. The board shall submit such records, information and reports in the form and at such times as required by the secretary of health. The board shall report at least annually.

Source: SL 1973, ch 2, § 56 (m); SL 1979, ch 255, § 6; SL 1986, ch 307, § 13; SL 2003, ch 272, § 39.
S.D. Codified Laws § 36-1C-2 — SD Code / Title 36 / Chapter 1C / Section 36-1C-2
Complaints--Jurisdiction
Status: in_force

Any person claiming that a licensee or an applicant for a license under title 36 has engaged in or is engaging in conduct constituting grounds for disciplinary action, as enumerated in the laws or rules of the agency, may file with the agency a written complaint. The agency shall require the complaining party to file a complaint stating the name of the applicant or licensee against whom the complaint is made and setting out, in full detail, the conduct that is alleged to be in violation and may prescribe the form on which a written complaint is made.

The administrator shall request the complainant provide additional information if the complaint does not state a claim within the jurisdiction of the agency.

Failure of the complainant to comply with this section is basis for the administrator to reject the complaint without further action.

Source: SL 2021, ch 168, § 2.
S.D. Codified Laws § 36-4-20.13 — SD Code / Title 36 / Chapter 4 / Section 36-4-20.13
Time for renewal
Status: in_force

Failure of a person to renew the resident license on or before June thirtieth of each year constitutes a forfeiture of the resident license held by the person. However, the resident license may be renewed at the discretion of the Board of Examiners upon making application on a form prescribed by the board.

Source: SL 2009, ch 178, § 6; SL 2013, ch 172, § 8.
S.D. Codified Laws § 36-12-21.3 — SD Code / Title 36 / Chapter 12 / Section 36-12-21.3
Application for registry of technician--Contents--Fee
Status: in_force

An application for registry of a veterinary technician shall be filed with the board by the licensed veterinarian under whom the technician will practice. The application for registry shall set out the qualifications of the technician required by the rules of the board and the application shall be on forms provided by the board. The fee for registration of a veterinary technician shall be established by the State Board of Veterinary Medical Examiners in rules promulgated pursuant to chapter 1-26 and may not exceed fifty dollars. The fee shall accompany the application.

Source: SL 1973, ch 245, § 3; SL 1993, ch 280, § 4; SL 2008, ch 194, § 2.
S.D. Codified Laws § 36-2-16.3 — SD Code / Title 36 / Chapter 2 / Section 36-2-16.3
Medical record--Patient portal access fee prohibited
Status: in_force

A health care provider may not charge a patient a fee for access to the patient’s electronic health information through a patient portal.

Source: SL 2023, ch 134, § 3.
S.D. Codified Laws § 36-18A-66 — SD Code / Title 36 / Chapter 18A / Section 36-18A-66
Prohibited acts--Repeated violation as Class 1 misdemeanor
Status: in_force

No person may:

(1) Accept or contract to receive, directly or indirectly, any commission, percentage, gift, or other item of value for that person's influence in securing a contract or approving the performance of a contract, from any manufacturer, agent, or vendor of any material of any sort used or recommended to be used in the construction of any project for the plans or construction of which any person is employed; or

(2) Give or offer to give to any person any commission, percentage, gift, or other item of value for that person's influence in securing a contract or approving the performance of a contract or supplying any material of any sort which may be for consideration in the construction of any project. A violation of this section is a Class 2 misdemeanor for the first offense and a Class 1 misdemeanor for the second or any subsequent offense.

Source: SL 1999, ch 195, § 66.
S.D. Codified Laws § 36-37-26 — SD Code / Title 36 / Chapter 37 / Section 36-37-26
Change of name, employment, or place of business--Information furnished to board
Status: in_force

Any person licensed pursuant to this chapter shall inform the board, within ninety days, of any change in name, place of employment, or place of business. A post office box number may not be the address of a place of business.

Source: SL 2023, ch 141, § 19.
S.D. Codified Laws § 36-26-12 — SD Code / Title 36 / Chapter 26 / Section 36-26-12
Practice of other professions not prohibited--Students to practice under licensee
Status: in_force

Nothing in this chapter shall be construed to prevent qualified physicians, surgeons, registered nurses, psychologists, psychotherapists, attorneys, court employees, marriage counselors, family counselors, child counselors, or members of the clergy from doing work within the standards and ethics of their respective professions and callings, provided they do not hold themselves out to the public by title as being engaged in the practice of social work. Students enrolled in recognized programs of study leading to social work degrees may practice only under the direct supervision of a certified social worker or social worker licensed under this chapter.

Source: SL 1975, ch 22, § 11; SL 1995, ch 224, § 2.
S.D. Codified Laws § 36-12-28 — SD Code / Title 36 / Chapter 12 / Section 36-12-28
Injunction to prevent unauthorized practice--Employment of counsel--Election of remedies
Status: in_force

Any citizen of this state may bring an action in circuit court for an injunction to restrain anyone practicing veterinary medicine without a license and registration certificate as required by this chapter. The Board of Veterinary Medical Examiners may bring action for such injunctive relief and are authorized to employ counsel from their treasury for such purpose. An action for injunction shall be an alternate to criminal proceedings, and the commencement of one proceeding by the board constitutes an election.

Source: SL 1961, ch 201, § 20; revised pursuant to SL 1972, ch 15, § 4.
S.D. Codified Laws § 36-4A-3.1 — SD Code / Title 36 / Chapter 4A / Section 36-4A-3.1
Physician assistant council--Appointment--Terms--Duties--Board communication
Status: in_force

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

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

The council shall:

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

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

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

The board shall communicate activity on all matters relating to physician assistants with the council.

Source: SL 1999, ch 192, § 5; SL 2005, ch 199, § 5; SL 2007, ch 207, § 2; SL 2020, ch 167, § 1; SL 2024, ch 152, § 4.
S.D. Codified Laws § 36-15-19.2 — SD Code / Title 36 / Chapter 15 / Section 36-15-19.2
Licensure by reciprocity--Requirements--Non-equivalent license
Status: in_force

The commission may waive the examination required in § 36-15-19.1 , 36-15-19.3 , or 36-15-19.5 for an individual who holds a license to engage in the practices of cosmetology, from another state, district, territory, or foreign country, if:

(1) The individual:

(a) Submits an application to the commission, accompanied by the fee provided for in this chapter;

(b) Possesses the qualifications required pursuant to § 36-15-15 ;

(c) Has passed an examination acceptable to the commission in cosmetology, nail technology, or esthetics, as applicable; and

(d) Has passed a written examination, prescribed by the commission, on the provisions of this chapter and rules adopted pursuant to this chapter; and

(2) The requirements of that state, district, or foreign country, at the time of the examination required by subsection (c) of subdivision (1), were equal to or not less than those required by this state, except as otherwise provided in this section.

The commission may issue a license to an out-of-state applicant, who holds a cosmetology-related license that is not equivalent to a cosmetology, nail technology, or esthetics license in this state, if the applicant possesses sufficient work experience to qualify for enough work experience credit to compensate for any deficiency in education hours, as set forth in rules of the commission, and otherwise meets the requirements of this section. The work experience must be relevant to the license sought by the applicant.

Source: SL 1972, ch 206, § 20; SL 1997, ch 218, § 7; SL 2003, ch 202, § 25; SL 2026, ch 159, § 2.
S.D. Codified Laws § 36-5-15.2 — SD Code / Title 36 / Chapter 5 / Section 36-5-15.2
Regulation and licensing of practice of chiropractic and chiropractic radiography--Enforcement--Hearing officers
Status: in_force

The board shall:

(1) Establish, by rule promulgated pursuant to chapter 1-26 , standards for, and to promote, the safe and qualified practice of chiropractic;

(2) Be responsible for all disciplinary proceedings under this chapter;

(3) Establish, by rule promulgated pursuant to chapter 1-26 , educational, training, and competency standards governing the examination and practice of practitioners under this chapter and specify the minimum educational qualifications general practitioners shall have to present themselves as chiropractic specialists to the public;

(4) Examine, or cause to be examined, for competency, eligible applicants for licenses to practice chiropractic and chiropractic radiography;

(5) Issue licenses to those applicants who successfully complete the licensure examination and renew the licenses of those who continue to meet the licensure standards of this chapter and the board's rules; and

(6) Establish, by rule promulgated pursuant to chapter 1-26 , an annual registration fee, not to exceed fifty dollars from those persons practicing chiropractic radiography.

Source: SL 1985, ch 298, § 2; SL 2021, ch 173, § 21.
S.D. Codified Laws § 36-37-25 — SD Code / Title 36 / Chapter 37 / Section 36-37-25
Injunction for violation
Status: in_force

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

Source: SL 2012, ch 196, § 25.
S.D. Codified Laws § 36-4B-31 — SD Code / Title 36 / Chapter 4B / Section 36-4B-31
Denial, suspension or revocation--Grounds
Status: in_force

The board may deny the issuance or renewal of a license, and may suspend or revoke a license issued under this chapter, if the individual:

(1) Procures or attempts to procure a license through fraud, deceit, misrepresentation, or in violation of the provisions of this chapter and rules promulgated thereunder;

(2) Is unable to perform the skills for which the individual is licensed;

(3) Has engaged in unprofessional or dishonorable conduct, as defined in § 36-4-30 ;

(4) Has been convicted of a felony that:

(a) Has a direct bearing upon the individual's ability to serve the public in a capacity licensed by this chapter; or

(b) Has been convicted of a crime that requires the individual to register as a sex offender in any state;

(5) Has had the individual's National Registry of Emergency Technicians or other health care certification or license encumbered for any reason;

(6) Provides emergency medical services without authorization from a physician, physician assistant, or nurse practitioner; or

(7) Fails to respond to an emergency while on call through willful disregard and not by a good-faith error or circumstances beyond the individual's control.

Source: SL 1978, ch 269, § 31; SL 1992, ch 268, § 19; SL 2005, ch 199, § 8; SL 2024, ch 153, § 26; SL 2026, ch 136, § 6.
S.D. Codified Laws § 36-21B-3 — SD Code / Title 36 / Chapter 21B / Section 36-21B-3
Promulgation of rules
Status: in_force

The secretary of the Department of Labor and Regulation may promulgate rules pursuant to chapter 1-26 relating to appraisers and appraisals in the following areas:

(1) Certification, licensing, and registration of appraisers;

(2) Definition of terms;

(3) Uniform standards of professional appraisal practice;

(4) Application for and issuance of certificates;

(5) Examinations and examination procedures;

(6) Pre-certification education criteria and continuing education;

(7) Qualifications for and upgrading of a certificate;

(8) Transactions requiring certified, licensed, or registered appraisers;

(9) Renewal and late renewal procedures;

(10) Certificate by reciprocity;

(11) Temporary practice and permits;

(12) Grounds for disciplinary actions including denial, revocation, suspension, censure, and reprimand;

(13) Conflict of interest and investigation;

(14) Advertising by certified, licensed, or registered appraisers;

(15) Retention and inspection of records, and rosters of appraisers;

(16) Appraiser membership, competency, and independence;

(17) Review of appraisals and contracting for investigations;

(18) Inspection, examination, and photocopy of appraisal records for audit purposes;

(19) Inactive status;

(20) Exemptions and standards allowing appraisers to perform an evaluation for a federally insured depository institution;

(21) An appraiser experience training program under which licensees may obtain requisite experience hours; and

(22) Fees for participation in the appraiser experience training program.

Source: SL 1993, ch 293, § 2; SL 1995, ch 223, § 3; § 36-21A-117; SL 2004, ch 17, § 237; SL 2011, ch 1 (Ex. Ord. 11-1), § 162, eff. Apr. 12, 2011; SL 2020, ch 164, § 3; SL 2021, ch 168, § 34; SL 2021, ch 180, § 1.
S.D. Codified Laws § 36-24-32 — SD Code / Title 36 / Chapter 24 / Section 36-24-32
Notices to licensees by board--Mailing to business address
Status: in_force

Any notice required to be given by the board to a person who holds a hearing aid dispensing license or an audiology license may be given by mailing it to the licensee at the address of the last place of business of which the licensee has notified the board under § 36-24-31 . A post office box number may not be the address of a place of business.

Source: SL 1968, ch 118, § 13 (2); SL 1997, ch 221, § 42.
S.D. Codified Laws § 36-7-15 — SD Code / Title 36 / Chapter 7 / Section 36-7-15
Powers of the board--Promulgation of rules
Status: in_force

The board may:

(1) Promote the safe and qualified practice of optometry;

(2) Promulgate rules pursuant to chapter 1-26 to govern standards for the safe and qualified practice of optometry, to adopt a code of ethics or professional conduct, and to establish criteria for advertising by optometrists;

(3) Prepare an annual budget;

(4) Expend funds for administrative, legal, consultative, and other necessary services from fees received by the board;

(5) Examine, license, endorse, and renew the licenses of qualified applicants;

(6) Define what constitutes a recognized optometric school;

(7) Establish the minimum amount and type of continuing education to be required of each optometrist seeking renewal of a license; and

(8) Administer oaths and take testimony pursuant to §§ 1-26-19.1 and 1-26-19.2 .

Source: SDC 1939, § 27.0703; SL 1951, ch 131, § 2; SL 1973, ch 243, § 1; SL 1979, ch 252, § 1; SL 2022, ch 147, § 8.
S.D. Codified Laws § 36-4-12.3 — SD Code / Title 36 / Chapter 4 / Section 36-4-12.3
Hearing on refusal to approve college
Status: in_force

If a medical or osteopathic college applies to the Board of Medical and Osteopathic Examiners for approval and complies with all prerequisites, including a proper application, furnishing all information requested in writing, and provisions of the board relative to an on - site inspection, and the board determines not to grant such approval, such college shall be provided an opportunity for hearing pursuant to the provisions of chapter 1-26 .

Source: SL 1985, ch 297, § 10.
S.D. Codified Laws § 36-28-8 — SD Code / Title 36 / Chapter 28 / Section 36-28-8
Exemption from medical educational qualifications for applicants certified by church or religious denomination
Status: in_force

Notwithstanding the provisions of § 36-28-12 , nothing in this chapter or the rules thereunder shall be construed to require an applicant for a license as a nursing facility administrator or a temporary license, who is certified by a recognized church or religious denomination which teaches reliance on spiritual means alone for healing as having been approved to administer institutions certified by such church or denomination for the care and treatment of the sick in accordance with its teachings, to demonstrate proficiency in any medical techniques or to meet any medical educational qualifications or medical standards not in accord with the remedial care and treatment provided in such institutions.

Source: SL 1969, ch 113, § 4; SDCL Supp, § 34-12A-6; SL 1986, ch 302, § 102.
S.D. Codified Laws § 36-34-13.6 — SD Code / Title 36 / Chapter 34 / Section 36-34-13.6
Physical or mental examination--Hearing--Application denial
Status: in_force

If the board suspects that the physical or mental health of any applicant may jeopardize or endanger anyone who seeks assistance from the applicant, the board may require that the applicant be examined by a health care provider, approved by the board, who is licensed or authorized to practice pursuant to title 36. The board shall pay all costs of the examination.

The board may deny the application if, after a hearing held in accordance with chapter 1-26 , the board finds by clear and convincing evidence that the applicant's physical or mental health may jeopardize or endanger anyone who seeks services from the applicant.

Source: SL 2023, ch 140, § 4.
S.D. Codified Laws § 36-13-28 — SD Code / Title 36 / Chapter 13 / Section 36-13-28
Suspension or revocation of certificate of registration
Status: in_force

A certificate of registration may be suspended or revoked by the board for violation of any provision of this chapter or upon conviction of the holder of such certificate of a crime involving moral turpitude or dishonesty, or for violation of any lawful order of the board, or when the holder of such certificate is guilty of habitual intemperance, habitual carelessness, or inattention to business, or of unethical or fraudulent practices. If the certificate is not held by a natural person, the provisions of this section and § 36-13-29 apply to the members, managers, directors, shareholders, or officers as well as to the certificate holder.

Source: SDC 1939, § 1.0114; SL 2008, ch 195, § 34.
S.D. Codified Laws § 36-10-30 — SD Code / Title 36 / Chapter 10 / Section 36-10-30
Licensure without examination--Requirements
Status: in_force

The State Board of Physical Therapy may, without examination, issue a license to any applicant who:

(1) Is registered by the Federation of State Boards of Physical Therapy; or

(2) Has passed a national examination recognized by the board, with a grade acceptable to the board, and meets the requirements for licensure under this chapter and rules promulgated by the board.

Source: SL 1972, ch 205, § 5; SL 2017, ch 173, § 7; SL 2023, ch 136, § 14.
S.D. Codified Laws § 36-25-31 — SD Code / Title 36 / Chapter 25 / Section 36-25-31
Injunction to prevent violations--Election of remedies
Status: in_force

The State Plumbing Commission shall be empowered to commence actions for injunction for violation of this chapter or regulations hereunder as an alternate to criminal proceedings. The commencement of one proceeding by the commission constitutes an election.

Source: New section created to carry out directions to the Code Commission contained in SL 1972, ch 15, § 4.
S.D. Codified Laws § 36-24-44 — SD Code / Title 36 / Chapter 24 / Section 36-24-44
Injunctive relief
Status: in_force

The board may apply for relief by injunction, without bond, to restrain any person, partnership, or corporation from engaging in any act or practice which constitutes an offense against this chapter. It is not necessary for the board to allege and prove that there is no adequate remedy at law in order to obtain the relief requested. The members of the board are not individually liable for applying for such relief.

Source: SL 1997, ch 221, § 53.
S.D. Codified Laws § 36-18A-46.1 — SD Code / Title 36 / Chapter 18A / Section 36-18A-46.1
Completion of work--Successor licensee--Nonprofessional services
Status: in_force

If a licensee in responsible charge of the work is unavailable to complete the work, a successor licensee may take responsible charge by performing all professional services to include developing a complete design file with work or design criteria, calculations, code research, and any necessary and appropriate changes to the work. The nonprofessional services, such as drafting, need not be redone by the successor licensee but shall clearly and accurately reflect the successor licensee's work. The burden is on the successor licensee to show compliance. The successor licensee shall sign, date, and seal all original documents. The successor licensee shall have control of and responsibility for the work product and the signed and sealed originals of all documents.

Source: SL 2007, ch 219, § 16; SL 2016, ch 195, § 6.
S.D. Codified Laws § 36-21D-12 — SD Code / Title 36 / Chapter 21D / Section 36-21D-12
Surety bond or irrevocable letter of credit to be filed with application for registration or renewal--Conditions
Status: in_force

An applicant for issuance or renewal of an appraisal management company registration shall file with the Department of Labor and Regulation a surety bond with one or more corporate sureties authorized to do business in this state or an irrevocable letter of credit issued by an insured institution authorized to do business in South Dakota in the amount of twenty-five thousand dollars. The surety bond or irrevocable letter of credit shall be conditioned upon the following:

(1) That the appraisal management company pay all amounts owed to a person who performs a real estate appraisal service for the company and pay all amounts adjudged against the company by reason of a negligent or improper real estate appraisal, a negligent or improper appraisal management service, or a breach of contract in performing a real estate appraisal or appraisal management service; and

(2) That the surety company or insured institution provides written notice to the department, by registered or certified mail, at least thirty days before the surety company or insured institution cancels or revokes a surety bond or irrevocable letter of credit or if the surety company or insured institution pays for a loss under the surety bond or irrevocable letter of credit.

Source: SL 2014, ch 184, § 1.
S.D. Codified Laws § 36-21A-148 — SD Code / Title 36 / Chapter 21A / Section 36-21A-148
Client, licensee not liable for misrepresentation made by the other--Exception
Status: in_force

No client or customer is liable for any misrepresentation made by the licensee arising out of their agency or brokerage agreement unless the client or customer knew of the misrepresentation.

No licensee is liable for a misrepresentation of the licensee's client arising out of the agency agreement unless the licensee knew of the misrepresentation.

In any agency or brokerage relationship, the licensees, each client or customer, and the real estate brokerage are required to possess only actual knowledge and information. There is no imputation of knowledge or information by operation of law among or between the clients or customers, the real estate brokerage, and its licensees.

Source: SL 1998, ch 229, § 25.
S.D. Codified Laws § 36-29-4 — SD Code / Title 36 / Chapter 29 / Section 36-29-4
Practice of medicine not authorized--Licensees exempt
Status: in_force

Nothing in this chapter may be construed to authorize the practice of medicine by any person. The provisions of this chapter do not apply to any person licensed pursuant to chapters 36-4 to 36-10 , inclusive, while practicing pursuant to that license.

Source: SL 1984, ch 255, § 4.
S.D. Codified Laws § 36-25-15.1 — SD Code / Title 36 / Chapter 25 / Section 36-25-15.1
Scope and objectives of plumbing standards and rules
Status: in_force

It is the intent of the Legislature that the rules promulgated pursuant to this chapter, in compliance with chapter 1-26 , shall include the following requirements and the plumbing commission shall exercise no greater authority than is necessary for the fulfillment of this chapter:

(1) Plumbing fixtures, devices, and appurtenances shall be supplied with water in sufficient volume and at pressures adequate to enable them to function properly and without undue noise under normal conditions of use;

(2) Plumbing shall be designed and adjusted to use the minimum quantity of water consistent with proper performance and cleaning;

(3) Devices for heating and storing water shall be so designed and installed as to guard against dangers from explosion or overheating;

(4) Drainage systems shall be designed, constructed and maintained to guard against fouling, deposit of solids and clogging, and with adequate clean - outs so arranged that the pipes may be readily cleaned;

(5) Plumbing materials shall be made of durable, smooth, nonadsorbent and corrosion resistant material, be free from concealed fouling surfaces and shall be free from defective workmanship and so designed and constructed as to give satisfactory service for its reasonable expected life;

(6) Each fixture directly connected to the drainage system shall be equipped with a liquid seal trap;

(7) Drainage systems shall be designed to provide an adequate circulation of air in all pipes with no danger of siphonage, aspiration, or forcing of trap seals under conditions of ordinary use;

(8) Vent terminals shall extend to the outer air and be so installed as to minimize the possibilities of clogging and the return of foul air to the building;

(9) Plumbing systems shall be subjected to such tests as will effectively disclose all leaks and defects in the work or the material;

(10) No design for a plumbing system shall permit the entry into the system of any material that will clog or accentuate clogging of pipes, produce explosive mixtures, destroy the pipes or their joints, or interfere unduly with the sewage - disposal process as it enters the building drainage system;

(11) Proper protection shall be provided to prevent contamination of food, water, sterile goods and similar materials. When necessary, the fixture, device or appliance shall be connected indirectly with the building drainage system;

(12) Where a plumbing drainage system is subject to backflow of sewage from the public sewer, suitable provision shall be made to prevent its overflow in the building;

(13) All plumbing fixtures shall be so installed with regard to spacing as to be accessible for their intended use and for cleansing;

(14) Plumbing shall be installed with due regard to preservation of the strength of structural members and prevention of damage to walls and other surfaces through fixture usage; and

(15) Suitable provisions shall be made for disposing of the sewage by some accepted method of sewage treatment and disposal.

Source: SDCL, § 36-25-15 as enacted by SL 1977, ch 304, § 1.
S.D. Codified Laws § 36-8-25 — SD Code / Title 36 / Chapter 8 / Section 36-8-25
Regulation of the use of laser or ionizing radiation
Status: in_force

The State Board of Podiatry Examiners by rule pursuant to chapter 1-26 shall regulate the use of laser or ionizing radiation for the purpose of cutting or otherwise altering human tissue for diagnostic, palliative, or therapeutic purposes within the scope of practice defined by § 36-8-1 .

Source: SL 1995, ch 209, § 3.
S.D. Codified Laws § 36-6A-22 — SD Code / Title 36 / Chapter 6A / Section 36-6A-22
Complaints--Records--Investigation--Dismissal--Hearing--Appeal
Status: in_force

The board shall receive complaints regarding the enforcement of this chapter. A record of each complaint shall be maintained by the board. An investigation shall be conducted by a member, or agent or an appointee of the board to determine whether an alleged violation has been committed. The investigator, if a member of the board, may dismiss a complaint if it appears to the member, either with or without the consultation of the board, that no violation has been committed or the member may transfer the complaint to a peer review committee duly appointed by a state or local professional society comprised of dentists, or the member may request the board set a date for hearing on the complaint. If the investigator is an agent or an appointee of the board, dismissal of the complaint or transferal to peer review may only be made by the president. Any agreed disposition made between the investigator and the licensee or registrant shall be made known to and approved by the board. The complaining party shall be notified promptly of the final disposition of the complaint. The complaining party may appeal the dismissal to the board within thirty days. The decision of the board may be appealed to the circuit court in accordance with chapter 1-26 within thirty days. A license or registration shall remain in effect during the pendency of an appeal unless suspended under § 36-6A-24 . All disciplinary proceedings held under the authority of this chapter shall be conducted in accordance with chapter 1-26 .

Source: SL 1981, ch 275, § 27; SL 1986, ch 305, § 2; SL 1992, ch 269, § 56; SL 2015, ch 199, § 19.
S.D. Codified Laws § 36-28-11 — SD Code / Title 36 / Chapter 28 / Section 36-28-11
Examination and investigation techniques--Fees
Status: in_force

The board may develop and apply appropriate techniques, including examination and investigation, for determining whether an individual meets the requirements of § 36-28-10 . Examination and re-examination fees are nonrefundable and shall be fixed in rules promulgated by the board pursuant to chapter 1-26 and may not exceed two hundred dollars.

Source: SL 1969, ch 113, § 11 (2); SDCL Supp, § 34-12A-10; SL 1986, ch 302, § 103; SL 2014, ch 186, § 7.
S.D. Codified Laws § 36-11A-9 — SD Code / Title 36 / Chapter 11A / Section 36-11A-9
Separate license required for each facility owned or operated by same business entity
Status: in_force

The board may require a separate license for each facility directly or indirectly owned or operated by the same business entity within this state or for a parent entity with divisions, subsidiaries, or affiliate companies within this state if operations are conducted at more than one location and joint ownership and control exists among all the entities.

Source: SL 1991, ch 307, § 9.
S.D. Codified Laws § 36-2-12 — SD Code / Title 36 / Chapter 2 / Section 36-2-12
Injunction to prevent violations--Election of remedies
Status: in_force

Any person violating the provisions of this chapter may be enjoined from further violations in the circuit courts of this state under the rules of civil procedure at the suit of the state's attorney of the county wherein the violations occurred or suit may be brought by any citizen of the state. The Board of Examiners shall be empowered to commence actions for injunctions for violation of this chapter as an alternate to criminal proceedings, and the commencement of one proceeding by the board constitutes an election.

Source: SL 1957, ch 121; SDC Supp 1960, § 27.0321; revised pursuant to SL 1972, ch 15, § 4.
S.D. Codified Laws § 36-21B-1 — SD Code / Title 36 / Chapter 21B / Section 36-21B-1
Appraisers to be certified, licensed, or registered--Injunction for violation
Status: in_force

Any person who performs a real estate appraisal or advertises or holds himself or herself out to the general public as a real estate appraiser in this state shall be certified, licensed, or registered by the Department of Labor and Regulation unless exempt under another provision of this chapter or another provision of statute. Any person who violates this section may be restrained by permanent injunction in any court of competent jurisdiction, at the suit of the attorney general or any citizen of the state.

Source: SL 1995, ch 223, § 1; SL 2004, ch 17, § 236; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 162, eff. Apr. 12, 2011; SL 2011, ch 182, § 1.
S.D. Codified Laws § 36-24-8 — SD Code / Title 36 / Chapter 24 / Section 36-24-8
Election of president and vice-president
Status: in_force

The board shall annually elect one member to serve as president and one member to serve as vice-president.

Source: SL 1968, ch 118, § 1 (4); SL 2024, ch 159, § 6.
S.D. Codified Laws § 36-4-20.4 — SD Code / Title 36 / Chapter 4 / Section 36-4-20.4
Duration of locum tenens certificates--Privileges of certificate holder
Status: in_force

Locum tenens certificates shall be issued for a period of not to exceed sixty days, and in the Board of Examiners discretion may set forth requirements and conditions governing the practice under it. The locum tenens certificate shall allow the holder to practice medicine in this state only for a period set forth in the certificate and according to any conditions and requirements which the board in its discretion incorporates onto the certificate.

Source: SDC Supp 1960, § 27.0308A as enacted by SL 1969, ch 105, § 7.
S.D. Codified Laws § 36-4-22.1 — SD Code / Title 36 / Chapter 4 / Section 36-4-22.1
Board access to premises where medicine practiced--Inspection of drug records and inventories--Refusal as misdemeanor--Confidentiality
Status: in_force

The Board of Examiners, or any of its officers, agents or employees so authorized, may enter and inspect, during business hours, any place where medicine or osteopathy are practiced for the purpose of enforcing this chapter and rules adopted pursuant hereto. The refusal to allow an inspection is a Class 1 misdemeanor. Such inspection may include any medical or drug records, and the copying thereof, and inventories relating to drugs and controlled substances required to be kept under the provisions of chapter 34-20B . The Board of Examiners, its officers, agents and employees shall maintain the confidential nature of any records obtained pursuant to this section.

Source: SL 1973, ch 241, § 6; SL 1989, ch 319; SL 1992, ch 158, § 70.
S.D. Codified Laws § 36-10B-9 — SD Code / Title 36 / Chapter 10B / Section 36-10B-9
License renewal
Status: in_force

A license may be renewed upon payment of the renewal fee, documentation and the successful completion of at least fifteen hours of continuing education annually or an accumulation of a total of seventy - five hours of continuing education during a five - year period. The board may set the requirements for the continuing education by rules promulgated pursuant to chapter 1-26 . A late fee will be required for renewal applications received thirty days after the annual renewal date.

Source: SL 1996, ch 240, § 9.
S.D. Codified Laws § 36-1C-16 — SD Code / Title 36 / Chapter 1C / Section 36-1C-16
Appeal of declaratory ruling
Status: in_force

Any person seeking a declaratory ruling hereunder, is considered aggrieved if, within thirty days of the agency's declaratory ruling, a request is made for the agency to conduct a formal hearing. The hearing must be held at the earliest convenience of the agency following the receipt of the request. A hearing under this section is a contested case under chapter 1-26 .

Source: SL 2021, ch 168, § 16.
S.D. Codified Laws § 36-18A-5 — SD Code / Title 36 / Chapter 18A / Section 36-18A-5
Practice of landscape architecture defined
Status: in_force

For the purposes of this chapter, the term, practice of landscape architecture, means the practice or offering to practice landscape architecture projects, including preparing preliminary studies, providing land-use studies, developing design concepts, planning for the relationships of physical improvements and intended uses of the site, establishing form and aesthetic elements, analyzing and providing for life safety requirements, developing those construction details on the site which are exclusive of any building or structure and do not require the seal of an engineer or architect, preparing and coordinating technical submissions, and conducting site observation of landscape architecture projects.

Landscape architecture, for the purposes of landscape preservation, development, and enhancement, includes: investigation, selection, and allocation of land and water resources for appropriate use; feasibility studies; formulation of graphic and written criteria to govern the planning and design of land construction programs; preparation, review, and analysis of master plans for land use and development; production of overall site plans, landscape grading and landscape drainage plans, irrigation plans, planting plans, and construction details; specifications; cost estimates and reports for land development; collaboration in design of roads, bridges, and structures with respect to the functional and aesthetic requirements of the areas on which they are to be placed; negotiation and arrangement for execution of land area projects; field observation and inspection of land area construction, restoration, and maintenance.

Source: SL 1999, ch 195, § 5; SL 2016, ch 195, § 2.
S.D. Codified Laws § 36-20B-24 — SD Code / Title 36 / Chapter 20B / Section 36-20B-24
Relinquishment of certificate or registration following suspension or revocation
Status: in_force

Any holder of a certificate or registration shall relinquish such document to the board within thirty days after such certificate or registration has been suspended or revoked.

Source: SL 2002, ch 179, § 25.
S.D. Codified Laws § 36-21A-53 — SD Code / Title 36 / Chapter 21A / Section 36-21A-53
Branch office name
Status: in_force

A branch office shall operate under the same name as the parent office.

Source: SL 1992, ch 273, § 53.
S.D. Codified Laws § 36-4-8 — SD Code / Title 36 / Chapter 4 / Section 36-4-8
Practice of medicine or medical abortion--Severity of crimes
Status: in_force

Any person who practices medicine, osteopathy, or any of the branches thereof without a license, certificate, or permit issued by the board is guilty of a Class 1 misdemeanor. Any person who practices medicine, osteopathy, or any of the branches thereof without a license, certificate, or permit issued by the board and prescribes medicine in order to induce a medical abortion, as defined by § 36-4-48 , is guilty of a Class 6 felony.

Source: SDC 1939, § 27.9904; SL 1949, ch 106, § 16; SDC Supp 1960, § 27.9943; SL 1977, ch 190, § 140; SL 1985, ch 297, § 3; SL 2009, ch 178, § 1; SL 2022, ch 143, § 1.
S.D. Codified Laws § 36-26-41 — SD Code / Title 36 / Chapter 26 / Section 36-26-41
Investigation and report of violations--Employment of special counsel--Expenses
Status: in_force

The board shall investigate every alleged violation of this chapter pursuant to the procedures set forth in chapter 36-1C. If the board violation is committed by a nonlicensee, the board shall report the same to the proper law enforcement officials wherein the act is committed. The board is authorized to employ special counsel subject to the supervision, control and direction of the attorney general, to assist in the prosecution of violations of this chapter and to expend the necessary funds for such purpose.

Source: SL 1975, ch 22, § 37; SL 2021, ch 168, § 37.
S.D. Codified Laws § 36-6A-29 — SD Code / Title 36 / Chapter 6A / Section 36-6A-29
Fraudulent or misleading advertising--Misdemeanor
Status: in_force

No advertising pertaining to the practice of dentistry may be fraudulent or misleading. A violation of this section is a Class 1 misdemeanor.

Source: SDC 1939, § 27.0614; SL 1943, ch 104; SL 1971, ch 213, § 25; SL 1983, ch 269; SL 1992, ch 158, § 74; SL 1992, ch 269, § 40; SL 2015, ch 199, § 28.
S.D. Codified Laws § 36-14-4.1 — SD Code / Title 36 / Chapter 14 / Section 36-14-4.1
Board continued within Department of Labor and Regulation--Records and reports
Status: in_force

The Board of Barber Examiners shall continue within the Department of Labor and Regulation, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required by the secretary of labor and regulation, except that the board shall report at least annually.

Source: SL 1973, ch 2, § 56 (d); SL 1986, ch 302, § 16; SL 2003, ch 272 (Ex. Ord. 03-1), § 52; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 36-5-27 — SD Code / Title 36 / Chapter 5 / Section 36-5-27
Additional requirements for certification
Status: in_force

The board may provide by rules promulgated pursuant to chapter 1-26 , additional requirements for obtaining a chiropractic assistant certificate of registration.

Source: SL 2008, ch 192, § 5; SL 2021, ch 173, § 35.
S.D. Codified Laws § 36-9-1.1 — SD Code / Title 36 / Chapter 9 / Section 36-9-1.1
Legislative findings, policy and intent
Status: in_force

The Legislature hereby declares it to be the responsibility of this state to safeguard life, health and the public welfare; and to protect citizens from unauthorized, unqualified and improper application of nursing education programs and nursing practices. Regulatory authority shall be vested in the South Dakota Board of Nursing. The Legislature recognizes that the practice of nursing is continually evolving to include more sophisticated patient - care activities. It intends to provide clear legal authority for functions and procedures which have common acceptance and usage, to recognize the existence of overlapping functions within the practice of nursing and medicine, and to permit additional sharing of functions within organized health care systems which provide for collaboration with other health team members.

Source: SL 1976, ch 228, § 1.
S.D. Codified Laws § 36-28-5.1 — SD Code / Title 36 / Chapter 28 / Section 36-28-5.1
Immunity of board, members, and agents
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 the immunity applies.

Source: SL 2014, ch 186, § 5.
S.D. Codified Laws § 36-20B-50 — SD Code / Title 36 / Chapter 20B / Section 36-20B-50
Judicial review of board order
Status: in_force

Any person or firm adversely affected by any order of the board entered after a hearing under this chapter may obtain review thereof by filing a written petition for review with the circuit court within thirty days after the entry of the order. The procedures for review and the scope of the review shall be as specified in chapter 1-26 .

Source: SL 2002, ch 179, § 51.
S.D. Codified Laws § 36-18A-23 — SD Code / Title 36 / Chapter 18A / Section 36-18A-23
Board continued within Department of Labor and Regulation--Retains functions of previous commission
Status: in_force

The Board of Technical Professions shall continue within the Department of Labor and Regulation and shall retain all the prescribed functions, including administrative functions, of the previous State Commission of Engineering, Architectural and Land Surveying Examiners.

Source: SL 1999, ch 195, § 23; SL 2003, ch 272 (Ex. Ord. 03-1), § 47; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 36-21A-112 — SD Code / Title 36 / Chapter 21A / Section 36-21A-112
Maximum liability of fund for acts of one licensee
Status: in_force

The liability of the fund for the acts of a licensee, when acting as such and occurring before the date of the court order entered pursuant to §§ 36-21A-101 to 36-21A-115 , inclusive, is terminated whenever such order authorizes payments from the fund for judgments or unsatisfied portions thereof, in an aggregate amount of fifteen thousand dollars on behalf of such licensee.

Source: SL 1992, ch 273, § 112.
S.D. Codified Laws § 36-18A-2 — SD Code / Title 36 / Chapter 18A / Section 36-18A-2
Practice of architecture defined
Status: in_force

For the purposes of this chapter, the term, practice of architecture, means the practice or offering to practice any service in connection with the design, evaluation, construction, enlargement, or alteration of a building or group of buildings and the space within and surrounding such buildings, which have as their principal purpose human occupancy or habitation. Such service includes consultation; evaluation; planning; providing preliminary studies; designs; overall interior and exterior building design; preparation of drawings, specifications, and related documents and other technical submissions; construction administration services which include the review or observation of construction for the purpose of determining whether the work is in general accordance with the design, drawings, specifications, codes, and other technical submissions; and coordination of services furnished by the architect, licensed professional engineers, and other consultants as they relate to architectural work in connection with the design and construction of any private or public building, building project, or integral part or parts of buildings, or any addition or alteration thereto. The term also includes representation of clients in connection with the construction administration services entered into between clients and contractor and others.

Source: SL 1999, ch 195, § 2; SL 2007, ch 219, § 4.
S.D. Codified Laws § 36-37-19 — SD Code / Title 36 / Chapter 37 / Section 36-37-19
Paraprofessionals holding speech-language pathologist certificate from Department of Education as of July 1, 2012
Status: in_force

Any person who is employed as a paraprofessional providing speech-language pathology services, under the direct supervision of a speech-language pathologist, who possessed a speech-language pathologist certificate from the South Dakota Department of Education as of July 1, 2012, and does not otherwise meet the qualifications set forth in this chapter may apply for a speech-language pathology assistant license. The board shall issue a speech-language pathology assistant license, and the person may continue to practice as a speech-language pathology assistant as long as the person:

(1) Submitted an initial application for an assistant license no later than July 1, 2014;

(2) Has continued to render speech-language pathology services in the school district where the person was employed at the time of initial application, with no break in employment; and

(3) Pays the renewal fee established by the board, in accordance with § 36-37-12 .

Source: SL 2012, ch 196, § 19; SL 2019, ch 174, § 1; SL 2023, ch 141, § 14.
S.D. Codified Laws § 36-21A-145 — SD Code / Title 36 / Chapter 21A / Section 36-21A-145
Transaction broker not responsible for--Independent inspections--Statements by seller--Finances
Status: in_force

No licensee acting as a transaction broker has any duty to:

(1) Conduct an independent inspection of the property for the benefit of any party to the transaction;

(2) Independently verify the accuracy or completeness of statements made by the seller, landlord, buyer, tenant, or qualified third - party inspector; or

(3) Conduct an independent investigation of the buyer's or tenant's financial condition.

Source: SL 1998, ch 229, § 22.
S.D. Codified Laws § 36-9-32.1 — SD Code / Title 36 / Chapter 9 / Section 36-9-32.1
Temporary permit for applicant holding license from another state
Status: in_force

Upon application and payment of the required fee, the board may issue a temporary permit to an applicant holding a current license as a registered nurse from any other state or territory awaiting endorsement. This permit shall bear an issuance date and a termination date and may not be valid for more than ninety days.

Source: SL 1967, ch 101, § 4 (2) (b) as added by SL 1969, ch 109; SL 1976, ch 228, § 22; SL 1979, ch 255, § 25; SL 1986, ch 307, § 21.
S.D. Codified Laws § 36-11A-8 — SD Code / Title 36 / Chapter 11A / Section 36-11A-8
License--Application--Fee--Confidentiality
Status: in_force

To apply for a wholesale or other drug distributor license, a person must submit an application on a form provided by the board and pay an annual license fee set by the board, not to exceed five hundred dollars.

All financial statements or related information submitted by applicants must be treated as confidential materials.

Source: SL 1991, ch 307, § 8; SL 2025, ch 154, § 33.
S.D. Codified Laws § 36-20B-46 — SD Code / Title 36 / Chapter 20B / Section 36-20B-46
Respondent to have access to investigatory report and evidence
Status: in_force

An individual with practice privileges under the provisions of § 36-20B-66 or 36-20B-67 against whom a complaint has been issued under this section may, reasonably in advance of the hearing, examine and copy the report of investigation, if any, and any documentary or testimonial evidence and summaries of anticipated evidence in the board's possession relating to the subject matter of the complaint. The board shall adopt rules, promulgated pursuant to chapter 1-26 , governing proceedings under this section to specify the manner in which such right may be exercised.

Source: SL 2002, ch 179, § 47; SL 2009, ch 185, § 13; SL 2021, ch 168, § 31.
S.D. Codified Laws § 36-16-7 — SD Code / Title 36 / Chapter 16 / Section 36-16-7
Officers of commission--Expenses of members
Status: in_force

The members of the State Electrical Commission shall select from their members a president and a secretary-treasurer. The members shall receive travel expenses, pursuant to § 3-9-2 , that are related to the discharge of their duties under this chapter.

Source: SL 1963, ch 216, § 4 (1); SL 1986, ch 27, § 29; SL 1994, ch 301, § 1; SL 2021, ch 177, § 3.
S.D. Codified Laws § 36-34-13.8 — SD Code / Title 36 / Chapter 34 / Section 36-34-13.8
Expired license--Reactivation by board
Status: in_force

The board may reactivate an expired certificate or license within four years following the date of expiration, if the holder of the expired certificate or license:

(1) Pays any applicable renewal fees required for the period of expiration;

(2) Provides proof of any continuing education required for the period of expiration; and

(3) Provides proof of passing a national examination approved by the board after the date the certificate or license expired.

Source: SL 2023, ch 140, § 6.
S.D. Codified Laws § 36-9-31.2 — SD Code / Title 36 / Chapter 9 / Section 36-9-31.2
Temporary anesthetist permit pending examination results
Status: in_force

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

Source: SL 1979, ch 255, § 23; SL 1986, ch 307, § 20.
S.D. Codified Laws § 36-1D-2 — SD Code / Title 36 / Chapter 1D / Section 36-1D-2
Provisional license--Duration
Status: in_force

A licensing board or a department secretary, if the secretary is responsible for issuing the license, may issue a provisional license, certificate, registration, or permit to an applicant for licensure by endorsement while the applicant is satisfying remaining requirements for the licensure by endorsement as determined by the board. The holder of a provisional endorsement license issued under this section may practice until any of the following occurs:

(1) A license, certificate, registration, or permit is denied by the licensing board under this section;

(2) The expiration of the provisional endorsement license as established by the board by regulation; or

(3) The holder of the provisional endorsement license fails to comply with the terms of the provisional license.

Source: SL 2021, ch 169, § 2; SL 2023, ch 133, § 2.
S.D. Codified Laws § 36-16-8 — SD Code / Title 36 / Chapter 16 / Section 36-16-8
Meetings of commission--Notice
Status: in_force

The State Electrical Commission shall hold a meeting in the month of July of each year in Pierre and may hold such other meetings as are necessary to review qualifications and perform the other duties coming before the commission. Special meetings shall be held at the time and place determined by the president, and upon notice given by the executive director to each member of the commission directly, at least seventy-two hours prior to the meeting.

Source: SL 1963, ch 216, § 4 (3); SL 1994, ch 301, § 2; SL 2021, ch 177, § 4.
S.D. Codified Laws § 36-21A-131 — SD Code / Title 36 / Chapter 21A / Section 36-21A-131
Licensee--Limited relationships
Status: in_force

Any licensee performing services authorized by §§ 36-21A-119 to 36-21A-150 , inclusive, is limited to the following relationships:

(1) Single agent:

(a) Seller/landlord agent;

(b) Buyer/tenant agent;

(2) Limited agent;

(3) Subagent; and

(4) Transaction broker.

Source: SL 1998, ch 229, § 8.
S.D. Codified Laws § 36-11-19.3 — SD Code / Title 36 / Chapter 11 / Section 36-11-19.3
Requirements for licensure of nonresident pharmacy
Status: in_force

Any nonresident pharmacy shall be licensed before conducting business in this state. The Board of Pharmacy shall issue a license to any nonresident pharmacy which meets the requirements of §§ 36-11-19.2 to 36-11-19.9 , inclusive. In order to be licensed by the board to do business in this state, a nonresident pharmacy shall:

(1) Be licensed and in good standing in the state in which its dispensing facilities are located;

(2) Comply with all applicable laws, rules, and standards of that state and the United States, and if requested by the board, provide evidence that it has complied; and

(3) Submit an application upon a form prescribed by the Board of Pharmacy and pay a fee set by the board.

The application shall include information on ownership and location of the pharmacy, the identity of licensed pharmacist in charge of the pharmacy, identity of licensed pharmacists who are providing services to patients residing in this state, and provide a copy of the most recent inspection report resulting from an inspection conducted by the regulatory or licensing agency of the state in which it is located. The board shall establish pursuant to chapter 1-26 the application fee, which may not be greater than that assessed resident pharmacies.

Source: SL 1997, ch 217, § 2.
S.D. Codified Laws § 36-9A-9.1 — SD Code / Title 36 / Chapter 9A / Section 36-9A-9.1
Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees
Status: in_force

Each applicant for licensure as a certified nurse practitioner or certified nurse midwife in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the board all information obtained as a result of the criminal background check. This information shall be obtained prior to permanent licensure of the applicant. The board may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the board. Failure to submit to 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 any fees charged for the cost of fingerprinting or the criminal background investigation.

Source: SL 2012, ch 193, § 4; SL 2017, ch 171, § 14.
S.D. Codified Laws § 36-5-20 — SD Code / Title 36 / Chapter 5 / Section 36-5-20
Disciplinary committee--Immunity from liability--Conditions--Official immunity unaffected
Status: in_force

Notwithstanding any provision of chapter 36-1C , the board may act as a disciplinary committee or may appoint other chiropractors licensed to practice in this state to perform such functions to maintain the professional standards of the board. No monetary liability on the part of, and no cause of action for damages may arise against any member of a duly appointed disciplinary committee for any act or proceeding undertaken or performed within the scope of the functions of the committee, if the committee member acts without malice, has made a reasonable effort to obtain the facts of the matter on which the member acts, and acts in a reasonable effort to obtain the facts. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation.

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

(1) The purpose of the disciplinary committee;

(2) The composition of the disciplinary committee; and

(3) The qualifications of the disciplinary committee.

Source: SL 2001, ch 200, § 2; SL 2021, ch 168, § 19; SL 2021, ch 173, § 28.
S.D. Codified Laws § 36-15-17 — SD Code / Title 36 / Chapter 15 / Section 36-15-17
Application for cosmetologist examination--Information required
Status: in_force

Any person desiring to practice cosmetology in this state as a cosmetologist shall make application to the commission to take the examination. The application shall:

(1) Contain the information required pursuant to § 36-15-15 ;

(2) Contain information satisfactory to the commission that the applicant is enrolled in or has completed fifteen hundred hours of education or equivalent credit hours in an approved and licensed cosmetology school, or in lieu of such education, is enrolled in or has successfully completed a course of apprenticeship in a licensed cosmetology salon as provided for in this chapter; and

(3) Be accompanied by the fee required in this chapter.

Source: SDC 1939, § 27.1508; SL 1947, ch 125, § 2; SL 1957, ch 118, § 1; SDC Supp 1960, § 27.1508 (3); SL 1965, ch 128; SL 1967, ch 105, § 3; SL 1972, ch 206, § 17; SL 2003, ch 202, § 20; SL 2018, ch 233, § 2; SL 2018, ch 232, § 2, eff. Jan. 1, 2019.
S.D. Codified Laws § 36-4B-2 — SD Code / Title 36 / Chapter 4B / Section 36-4B-2
Emergency medical services program
Status: in_force

The board shall administer a program for emergency medical services personnel, in accordance with this chapter.

Source: SL 1978, ch 269, § 2; SL 2024, ch 153, § 2.
S.D. Codified Laws § 36-10-29 — SD Code / Title 36 / Chapter 10 / Section 36-10-29
Issuance of license
Status: in_force

The State Board of Physical Therapy shall issue a license to each applicant who meets the requirements for licensure under this chapter and rules promulgated by the board.

Source: SL 1955, ch 96, § 7; SDC Supp 1960, § 27.09A07; SDCL § 36-10-11; SL 1972, ch 205, § 4; SL 2017, ch 173, § 6; SL 2023, ch 136, § 13; SL 2025, ch 152, § 2.
S.D. Codified Laws § 36-24-31 — SD Code / Title 36 / Chapter 24 / Section 36-24-31
Change of business information--Board notice
Status: in_force

Each licensee, upon changing a name, place of employment, or place of business, must, within ninety days thereafter, provide the board with updated information. A post office box number may not be the address of the place of business.

The board may provide any notice required to be given by the board to a licensee by mailing the notice to the licensee's place of business on file with the board.

Source: SL 1968, ch 118, § 13 (1); SL 1997, ch 221, § 41; SL 2024, ch 159, § 21.
S.D. Codified Laws § 36-13-15 — SD Code / Title 36 / Chapter 13 / Section 36-13-15
Bond required for certificate of registration--Amount and conditions
Status: in_force

Before the board may issue a certificate of registration, the applicant shall file with the board a bond to be approved by it running to the State of South Dakota in the penal sum of twenty-five thousand dollars for counties with a population of fifteen thousand or less and fifty thousand dollars for counties having a population of over fifteen thousand as shown by the federal census last taken prior to the filing of such bond. The bond shall be conditioned for the payment by such abstracter of any damages that may be sustained by or accrue to any person by reason of or on account of any error, deficiency, or mistake in any abstract or certificate of title or continuation thereof made and issued by such abstracter.

Source: SDC 1939, § 1.0107; SL 2008, ch 195, § 20.
S.D. Codified Laws § 36-10-18.3 — SD Code / Title 36 / Chapter 10 / Section 36-10-18.3
State Board of Physical Therapy--Creation
Status: in_force

The State Board of Physical Therapy is created within the Department of Health.

The board shall:

(1) Exercise all statutorily prescribed functions and administrative functions; and

(2) Provide records, information, and reports to the secretary of the department, at the time and in the manner requested by the secretary.

Source: SL 2023, ch 136, § 3.
S.D. Codified Laws § 36-24-25.2 — SD Code / Title 36 / Chapter 24 / Section 36-24-25.2
Foreign educated applicant
Status: in_force

The board shall waive the education, practicum, and professional experience requirements for an applicant who received a professional education in another country if:

(1) The board is satisfied that equivalent education and practicum requirements have been met; and

(2) The applicant passes the national examination in audiology.

Source: SL 1997, ch 221, § 36; SL 2024, ch 159, § 18.
S.D. Codified Laws § 36-29-20 — SD Code / Title 36 / Chapter 29 / Section 36-29-20
Board majority to cancel, suspend, revoke, or reissue license
Status: in_force

A majority of the members of the board must be present at proceedings relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license that has been canceled, revoked, or suspended. A decision of the board to suspend, revoke, cancel, or reissue a license requires a majority vote of the board members.

Source: SL 1984, ch 255, § 20; SL 2024, ch 162, § 12.
S.D. Codified Laws § 36-5-19 — SD Code / Title 36 / Chapter 5 / Section 36-5-19
Peer review committee--Immunity from liability--Conditions--Official immunity unaffected--Fee
Status: in_force

The board may act as a peer review committee or may appoint other licensed chiropractors to perform such function. No monetary liability on the part of, and no cause of action for damages may arise against any member of a duly appointed peer review committee comprised of chiropractors licensed to practice in this state, for any act or proceeding undertaken or performed within the scope of the functions of such committee formed to maintain the professional standards of the board as provided in rules promulgated by the board pursuant to chapter 1-26 , if the committee member acts without malice, has made a reasonable effort to obtain the facts of the matter on which the member acts, and acts in reasonable belief that the action taken is warranted by the facts as known by the member after a reasonable effort to obtain facts. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation. The contested case provisions of chapter 1-26 do not apply to activities of the peer review committee. All licensees shall, as a condition of licensure, fully cooperate with and promptly respond to inquiries and requests from the committee. The recommendations of the committee as to necessity for services of a licensee, and as to reasonableness of charges and procedures shall be reported to the person who requested the review and one member of the board as designated by the board. The board may, by rules promulgated pursuant to chapter 1-26 , establish a fee not to exceed seven hundred fifty dollars to help defray the cost of the review. However, no patient of a licensee requesting a peer review is subject to this fee.

Source: SL 1976, ch 230; SL 1986, ch 304; SL 1994, ch 295; SL 2001, ch 200, § 1; SL 2021, ch 173, § 27.
S.D. Codified Laws § 36-4-31.6 — SD Code / Title 36 / Chapter 4 / Section 36-4-31.6
Application of contested case procedure
Status: in_force

If the grant, denial, or renewal of a license, resident license, or certificate to practice allopathic or osteopathic medicine was previously treated as a contested case resulting in a final decision, the provisions of chapter 1-26 concerning contested cases do not apply unless the Board of Examiners determines that there has been a substantial change of circumstance since the proceedings in the prior contested case.

Source: SL 1987, ch 267; SL 2009, ch 178, § 14; SL 2013, ch 172, § 15.
S.D. Codified Laws § 36-34-22 — SD Code / Title 36 / Chapter 34 / Section 36-34-22
Physical or mental examination--Summary revocation procedures on failure to comply
Status: in_force

The board may, in a disciplinary proceeding, order a practitioner to submit to a reasonable physical or mental examination if the practitioner's physical or mental capacity to practice safely is at issue. Failure to comply with a board order to submit to a physical or mental examination renders a practitioner liable to the summary revocation procedures described in § 36-34-24 .

Source: SL 2004, ch 253, § 23.
S.D. Codified Laws § 36-18A-67 — SD Code / Title 36 / Chapter 18A / Section 36-18A-67
Fee to reimburse board for costs
Status: in_force

The board may impose a fee to reimburse the board for all or part of the cost of proceedings resulting in disciplinary action authorized by this chapter, the imposition of civil penalties, or the issuance of a cease and desist order. The fee may be imposed if the board shows a person has committed an act or engaged in unauthorized practice, including the unauthorized use of a title, words, figures, or signs implying licensure, or has violated a statute, rule or order of the board. The costs include the amount paid by the board for services from attorney fees, investigators, court reporters, witnesses, expert witnesses, reproduction of records, board members' per diem compensation, board staff time, and expense incurred by board members and staff.

Source: SL 1999, ch 195, § 67.
S.D. Codified Laws § 36-27A-34.1 — SD Code / Title 36 / Chapter 27A / Section 36-27A-34.1
Dismissal of frivolous or unfounded complaint--Complaint may be expunged from licensee's record
Status: in_force

If the board determines that any complaint was frivolous or clearly unfounded in fact, the board may dismiss the complaint and, by separate and unanimous vote of the board, may expunge such complaint from the record of the licensee.

Source: SL 1999, ch 198, § 1.
S.D. Codified Laws § 36-26-11 — SD Code / Title 36 / Chapter 26 / Section 36-26-11
Titles and designations prohibited to unlicensed persons
Status: in_force

No person may represent himself as a social worker by using the titles "certified social worker," "social worker," "social work associate," or any other title that includes such words unless licensed under this chapter.

No person may represent himself as a certified social worker, social worker, or social work associate by adding the letters CSW, SW, or SWA unless licensed under this chapter.

Source: SL 1975, ch 22, § 10.
S.D. Codified Laws § 36-10-31 — SD Code / Title 36 / Chapter 10 / Section 36-10-31
Licensure by reciprocity--Authorization
Status: in_force

The State Board of Physical Therapy may, without examination, issue a license to any applicant who holds a license or certificate issued by a board empowered by law to issue a license to practice physical therapy in the District of Columbia or any state or territory in the United States, if the requirements for licensure of physical therapists in that state or territory were, at the date of issuance, substantially equal to the requirements set forth in this chapter.

Source: SL 1955, ch 96, § 5; SDC Supp 1960, § 27.09A05; SDCL, § 36-10-9; SL 1972, ch 205, § 5; SL 2023, ch 136, § 15.
S.D. Codified Laws § 36-14-32 — SD Code / Title 36 / Chapter 14 / Section 36-14-32
Grounds for refusal, suspension, or revocation of certificates
Status: in_force

The Board of Barber Examiners may refuse to issue or renew, or may suspend or revoke, any certificate of registration for any of the following causes:

(1) Conviction of a felony;

(2) Malpractice or incompetency;

(3) Continued practice by a person knowingly having an infectious or contagious disease;

(4) Advertising by means of knowingly false or deceptive statements;

(5) Advertising, practicing, or attempting to practice under a trade name other than one's own;

(6) Drunkenness, or addiction to the use of habit-forming drugs;

(7) Immoral or unprofessional conduct;

(8) The commission of any of the offenses described in § 36-14-36 .

Source: SDC 1939, § 27.1616; SL 2005, ch 199, § 44.
S.D. Codified Laws § 36-7-17 — SD Code / Title 36 / Chapter 7 / Section 36-7-17
Practice as individual or partner required--Exception for authorized corporate practice--Violation--Optometrist not precluded from serving as officer or director of health maintenance organization
Status: in_force

Every optometrist in this state shall furnish the board satisfactory evidence that the licensee practices optometry as a profession, in an individual personal capacity under the optometrist's own name or as a partner of another licensed optometrist and not as a corporation, limited liability company or agent, employee, officer, member, or partner of a corporation or limited liability company, except where a practice as an officer, employee, member, or agent of a corporation is established under the terms of chapter 47-11B . A violation of this section is a Class 2 misdemeanor.

Nothing in this section precludes a licensed optometrist from serving as a shareholder, officer, or director of a corporation established under the terms of chapter 58-41 as a health maintenance organization, a preferred provider organization, individual practices association, or other form of entity whatever established for group health care purposes.

Source: SDC 1939, § 27.0704 (7); SL 1941, ch 125, § 2; SL 1972, ch. 249, § 24; SL 1987, ch 269, § 1; SL 1992, ch 158, § 77; SL 1993, ch 344, § 39J; SL 2022, ch 147, § 9.
S.D. Codified Laws § 36-9-76 — SD Code / Title 36 / Chapter 9 / Section 36-9-76
Nurses' education assistance scholarship
Status: in_force

The South Dakota Board of Nursing may establish a nurses' education assistance scholarship program and adopt rules pursuant to chapter 1-26 to provide the criteria for applicant eligibility and program administration.

Source: SL 1989, ch 325, § 1; SL 2014, ch 180, § 5.
S.D. Codified Laws § 36-5-14.3 — SD Code / Title 36 / Chapter 5 / Section 36-5-14.3
Certain healing arts practitioners to participate in alternate health care delivery systems
Status: in_force

Any licensed chiropractor may organize or contract for services with a corporation organized under the laws of this state by licensed practitioners of the healing arts, for the purpose of negotiating group health care contracts and providing services within the scope of their respective licenses with alternate health care delivery systems, including, but not limited to, health maintenance organizations, preferred provider organizations, individual practices organizations or other similar forms of entity whatever.

Source: SL 1987, ch 269, § 2.
S.D. Codified Laws § 36-7-30 — SD Code / Title 36 / Chapter 7 / Section 36-7-30
Entry and inspection by board--Purpose--Drug records and inventories
Status: in_force

The Board of Examiners, or any of its officers or employees so authorized, may, during business hours, enter and inspect any place where optometry is practiced for the purpose of enforcing this chapter and rules adopted pursuant hereto. Such inspection may include any records and inventories relating to drugs and controlled substances required to be kept under the provisions of chapter 34-20B .

Source: SL 1986, ch 306, § 6.
S.D. Codified Laws § 36-2-22 — SD Code / Title 36 / Chapter 2 / Section 36-2-22
Department authorized to issue rules for processing waiver requests--Scope--Fee
Status: in_force

The Department of Health may promulgate rules pursuant to chapter 1-26 to provide for the establishment and use of a program for processing waiver requests for international medical graduates pursuant to § 36-2-21 , including criteria, procedures, and forms necessary for processing waiver requests and to establish a fee not to exceed five hundred dollars for each waiver request processed.

Source: SL 2001, ch 198, § 2.
S.D. Codified Laws § 36-31-6.1 — SD Code / Title 36 / Chapter 31 / Section 36-31-6.1
Application for licensure--Criminal background check requirement
Status: in_force

In addition to the requirements in § 36-31-6 , an applicant for licensure as an occupational therapist or an occupational therapy assistant shall submit to the board of examiners a full set of the applicant's fingerprints in a form and manner prescribed by the board. The board of examiners shall deliver the fingerprints to the Division of Criminal Investigation to conduct a state and federal criminal background check by the division and the Federal Bureau of Investigation. The applicant shall sign a release of information to the board of examiners and pay any fees for the background check, including fingerprinting.

Upon completion of the background check, the division shall deliver to the board of examiners the applicant's criminal history record information. The board of examiners shall consider this information in determining whether to issue a license to the applicant. The board of examiners may not issue a license to the applicant before receiving this information.

The board of examiners may not disseminate an applicant’s criminal history record information to any person outside the board. The board of examiners may require any licensee who is the subject of a disciplinary investigation by the board to submit to a state and federal criminal history record background check.

The board of examiners may deny the issuance of a license or suspend or revoke a license for failure to submit to or cooperate with a criminal background check.

Source: SL 2024, ch 163, § 1.
S.D. Codified Laws § 36-7-27 — SD Code / Title 36 / Chapter 7 / Section 36-7-27
Reinstatement of license after revocation
Status: in_force

After one year, and upon application and proof that the disqualification has ceased, the board may reinstate a person whose license has been revoked, if no other basis for denial of the license exists.

Source: SDC 1939, § 27.0707; SL 1951, ch 131, § 4; SL 2013, ch 173, § 6; SL 2022, ch 147, § 16.
S.D. Codified Laws § 36-13-1.2 — SD Code / Title 36 / Chapter 13 / Section 36-13-1.2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Abstract," a compilation in orderly arrangement of the materials and facts of record affecting the title to a specific parcel of land, issued under a certificate certifying to the matters contained in such compilation;

(2) "Abstracter," any person holding a certificate of registration from the board;

(3) "Abstracting," the abstracting and reporting upon public or other records under the provisions of this chapter;

(4) "Board," the Abstracters' Board of Examiners of the State of South Dakota;

(5) "Secretary-treasurer," the secretary-treasurer of the board.

Source: SL 2008, ch 195, § 1.
S.D. Codified Laws § 36-9C-23 — SD Code / Title 36 / Chapter 9C / Section 36-9C-23
Procedures for revocation or suspension
Status: in_force

Any proceeding related to the revocation or suspension of a license shall conform to the procedures set forth in chapter 1-26 . A license may be revoked or suspended only at a hearing conducted in accordance with chapter 1-26 .

Source: SL 2017, ch 172, § 23.
S.D. Codified Laws § 36-9C-8 — SD Code / Title 36 / Chapter 9C / Section 36-9C-8
Qualifications of board members--Initial appointments
Status: in_force

Each member of the board shall be a citizen of the United States, a resident of this state for a minimum of two years before appointment to the board, and shall file with the secretary of state an oath of office before beginning the member's term of office. However, until at least five certified professional midwives meet the residency requirement, the Governor may appoint certified professional midwives, who are licensed in this state, who reside in other jurisdictions to serve on the board. Initial appointments to the board may include certified professional midwives who are eligible for licensure under this chapter and who intend to apply for licensure in this state when it is available.

Source: SL 2017, ch 172, § 8.
S.D. Codified Laws § 36-13-26 — SD Code / Title 36 / Chapter 13 / Section 36-13-26
Certified abstract as prima facie evidence in judicial proceedings
Status: in_force

Any abstract of title certified to be true and correct by any abstracter holding a valid certificate of registration pursuant to this chapter, under the signature and seal of such abstracter, shall be received by the courts of this state as prima facie evidence of the existence of records of the content and filing indicated on the abstract, subject to such rules as to procedure as the Supreme Court may promulgate in such cases.

Source: SDC 1939, § 1.0110; SL 2008, ch 195, § 32.
S.D. Codified Laws § 36-2-19 — SD Code / Title 36 / Chapter 2 / Section 36-2-19
Practitioner prohibited from referring patient to certain unaffiliated health care facilities
Status: in_force

It is unprofessional for a practitioner of the healing arts to refer a patient to an unaffiliated health care facility in which the practitioner, the practitioner's immediate family, or a corporation or limited liability company owned in whole or in part by the practitioner has a substantial financial interest without disclosing the general nature of this interest to the patient, the patient's parent or guardian, at the time of the referral. As used in this section, a substantial financial interest is an ownership interest of twenty - five percent or more, a direct creditor's interest in twenty - five percent or more of the facility's debt, or a direct lessor's interest in twenty - five percent of more of a lease to the facility. Immediate family means the spouse and children of the practitioner. Such conduct constitutes grounds for discipline by the practitioner's appropriate licensing board.

Source: SL 1994, ch 290, § 2.
S.D. Codified Laws § 36-9-3 — SD Code / Title 36 / Chapter 9 / Section 36-9-3
Practice of registered nurse
Status: in_force

The practice of a registered nurse includes:

(1) Providing comprehensive nursing assessment of health status of patients;

(2) Collaborating with the health care team to develop and coordinate an integrated patient-centered health care plan;

(3) Developing the comprehensive patient-centered health care plan, including:

(a) Establishing nursing diagnosis;

(b) Setting goals to meet identified health care needs; and

(c) Prescribing nursing interventions;

(4) Implementing nursing care through the execution of independent nursing strategies and the provision of regimens requested, ordered, or prescribed by authorized health care providers;

(5) Evaluating responses to interventions and the effectiveness of the plan of care;

(6) Designing and implementing teaching plans based on patient needs;

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

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

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

(10) Communicating and collaborating with other health care providers in the management of health care and the implementation of the total health care regimen within and across settings;

(11) Managing, supervising, and evaluating the practice of nursing;

(12) Teaching the theory and practice of nursing;

(13) Participating in development of health care policies, procedures, and systems; and

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

Source: SL 1947, ch 123, § 1; SL 1955, ch 91, § 2; SDC Supp 1960, § 27.0902 (2), (3); SL 1967, ch 101, § 2 (2) (a); SL 1972, ch 204, § 1; SL 1976, ch 228, § 4; SL 1986, ch 307, § 10; SL 2016, ch 194, § 2.
S.D. Codified Laws § 36-21A-115 — SD Code / Title 36 / Chapter 21A / Section 36-21A-115
Subrogation of fund to rights under judgment paid--Assignment
Status: in_force

If, upon the order of the court, the commission has paid from the fund any sum to the judgment creditor, the commission shall be subrogated to all of the rights of the judgment creditor to the extent of the amount so paid. The judgment creditor shall assign all his right, title and interest in the judgment to the extent of the amount so paid to the commission and any amount and interest so recovered by the commission on the judgment shall be deposited to the fund.

Source: SL 1992, ch 273, § 115.
S.D. Codified Laws § 36-10B-10 — SD Code / Title 36 / Chapter 10B / Section 36-10B-10
Issuance of temporary permit
Status: in_force

The board may grant a temporary permit to any applicant who has completed the education and experience requirements of this chapter. The temporary permit confers all the privileges of a license to practice dietetics or nutrition. The temporary permit is nonrenewable and expires one year after the issuance date.

Source: SL 1996, ch 240, § 10.
S.D. Codified Laws § 36-6A-54 — SD Code / Title 36 / Chapter 6A / Section 36-6A-54
Display of certificates
Status: in_force

Each licensee or registrant shall post and keep conspicuously his or her name, annual license certificate, and annual registration certificate in each dental clinic in which he or she practices, in plain sight of the patients.

Source: SDC 1939, §§ 27.0611, 27.9912; SL 1971, ch 213, § 32; SL 1992, ch 269, § 46; SL 2015, ch 199, § 67.
S.D. Codified Laws § 36-25-24.1 — SD Code / Title 36 / Chapter 25 / Section 36-25-24.1
Underground irrigation defined
Status: in_force

As used in §§ 36-25-14 and 36-25-19 , "underground irrigation" means any nonagricultural, landscape irrigation system.

Source: SL 1993, ch 294, § 6; SL 1996, ch 238; SL 2019, ch 169, § 5; SL 2025, ch 163, § 5.
S.D. Codified Laws § 36-4B-18.3 — SD Code / Title 36 / Chapter 4B / Section 36-4B-18.3
Community paramedic--Protocols and supervisory standards--Patient care plan
Status: in_force

A person who holds a community paramedic endorsement shall practice in accordance with protocols and supervisory standards established by the board in accordance with § 36-4B-35 . A person with a community paramedic endorsement may provide services as directed by a patient care plan if the plan has been developed by the patient's primary physician, an advanced practice registered nurse, or a physician assistant, in conjunction with the medical director of the ambulance service.

Source: SL 2023, ch 135, § 2.
S.D. Codified Laws § 36-26-40 — SD Code / Title 36 / Chapter 26 / Section 36-26-40
Board to recommend prosecutions and civil actions for violations
Status: in_force

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

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

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

Source: SL 1975, ch 22, § 28.
S.D. Codified Laws § 36-5-4.1 — SD Code / Title 36 / Chapter 5 / Section 36-5-4.1
Records and reports
Status: in_force

The board shall submit any records, information, and reports in the form and at the times as required by the Department of Health, except that the board shall report at least annually.

Source: SL 1973, ch 2, § 56 (f); SL 2003, ch 272, § 34; SL 2021, ch 173, § 8.
S.D. Codified Laws § 36-21A-77 — SD Code / Title 36 / Chapter 21A / Section 36-21A-77
Purchaser deposits in unconsummated transactions
Status: in_force

If for any reason the seller fails, refuses, neglects or is unable to consummate the transaction as provided in the purchase contract, and through no fault or neglect of the purchaser, the real estate transaction cannot be completed, the broker has no right to any portion of the deposit money which was deposited by the purchaser, even though the commission is earned. This deposit shall be returned to the purchaser at once.

Source: SL 1992, ch 273, § 77.
S.D. Codified Laws § 36-18A-36 — SD Code / Title 36 / Chapter 18A / Section 36-18A-36
License issued to successful applicant
Status: in_force

The board shall grant a license to any applicant as a professional engineer, architect, land surveyor, landscape architect, petroleum release assessor or remediator, or for any two or more of these titles who has met the requirements of this chapter.

Source: SL 1999, ch 195, § 36.
S.D. Codified Laws § 36-16-29 — SD Code / Title 36 / Chapter 16 / Section 36-16-29
State commission inspectors and inspections--Report of inspection
Status: in_force

The State Electrical Commission shall approve inspectors qualified in accordance with subdivision 36-16-2(4) and shall, in compliance with chapter 1-26 , establish the rules to be followed by the inspectors. An inspector may inspect any wiring installation and approve or condemn it except on work covered in § 36-16-16 . A report of such inspections shall be made on forms prescribed by the commission.

Source: SL 1963, ch 216, § 5 (1), (2); SL 1967, ch 128, § 2; SL 1978, ch 272, § 7; SL 1993, ch 281, § 2.
S.D. Codified Laws § 36-13-8 — SD Code / Title 36 / Chapter 13 / Section 36-13-8
Certificate of registration required for business of abstracting
Status: in_force

Any person engaging in or continuing in the business of abstracting of titles to property within the state shall first obtain a certificate of registration, file the required bond, and comply with the other requirements of this chapter and the rules promulgated by the board pursuant to chapter 1-26 .

Source: SDC 1939, § 1.0104; SL 1986, ch 302, § 37; SL 2008, ch 195, § 12.
S.D. Codified Laws § 36-10-50 — SD Code / Title 36 / Chapter 10 / Section 36-10-50
Prior license accepted
Status: in_force

Any person licensed as a physical therapist assistant on July 1, 1996, is deemed licensed under this chapter and is entitled to renew licensure.

Source: SL 1996, ch 231, § 8; SL 2017, ch 173, § 16.
S.D. Codified Laws § 36-6A-14 — SD Code / Title 36 / Chapter 6A / Section 36-6A-14
Powers and duties of board
Status: in_force

The board may:

(1) Establish standards for, and promote, the safe and qualified practice of dentistry;

(2) Conduct all disciplinary proceedings under this chapter;

(3) Establish educational, training and competency standards governing the examination and practice of dentists and dental hygienists using national accrediting agencies and accepted nationally established standards if applicable;

(4) Examine, or cause to be examined, for competency, an eligible applicant for a license to practice as a dentist or a dental hygienist or a registration to practice as a dental radiographer or registered dental assistant;

(5) Issue a license to practice as a dentist or a dental hygienist to an applicant who has met the licensure standards of this chapter and renew the licenses of dentists and dental hygienists who continue to meet the licensure standards of this chapter;

(6) Issue a registration to practice as a dental radiographer or a registered dental assistant to an applicant who has met the registration standards of this chapter and renew the registrations of dental radiographers and registered dental assistants that continue to meet the registration standards of this chapter;

(7) Establish minimum educational, training and competency standards governing the practice of dental radiographers, registered dental assistants, and dental assistants;

(8) Establish reasonable requirements governing the reentry into practice of inactive practitioners and reinstatement of previously licensed practitioners;

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

(10) Permit dental hygienists and dental assistants to perform, under the supervision of a dentist, additional procedures established by rules promulgated pursuant to chapter 1-26 ;

(11) Establish continuing education and continuing competency requirements for dentists, dental hygienists, dental radiographers, and registered dental assistants;

(12) Establish requirements governing the prescriptive authority of dentists;

(13) Establish minimum educational, training, and competency standards governing the administration of sedation and anesthesia;

(14) Establish continuing education and continuing competency requirements for the administration of sedation and anesthesia;

(15) Communicate disciplinary actions and license and registration status to relevant state and federal governing bodies as may be required;

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

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

(18) Establish standards for teledentistry;

(19) Establish standards and registration requirements governing dental corporations;

(20) Promulgate rules pursuant to chapter 1-26 to effectuate the provisions of this chapter;

(21) Pursue legal actions against a person or entity that is not authorized to act by this chapter; and

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

Source: SL 1981, ch 275, § 8; SL 1984, ch 250, § 2; SL 1988, ch 297, § 1; SL 1992, ch 269, § 13; SL 1993, ch 344, § 39Q; SL 2015, ch 199, § 12.
S.D. Codified Laws § 36-15-42 — SD Code / Title 36 / Chapter 15 / Section 36-15-42
Apprentice license required for apprenticeship--Requirements and term of license
Status: in_force

A person may receive apprenticeship education in cosmetology, esthetics, and nail technology. However, no person may receive apprenticeship education unless that person is licensed as an apprentice. Any person may apply to the commission to be licensed as an apprentice if the applicant:

(1) Submits evidence satisfactory to the commission that the applicant possesses those qualifications, except for age, required pursuant to § 36-15-15 ;

(2) Is at least seventeen years of age or older; and

(3) The cosmetology, esthetics, or nail salon in which the apprentice will receive education is currently licensed as an apprentice salon and is adequately equipped to teach the profession of cosmetology, esthetics, or nail technology, as applicable.

Any apprentice license issued pursuant to this chapter is valid for the full period of the apprenticeship as defined in § 36-15-45 and is not renewable. The application shall be accompanied by the fee required in this chapter.

Source: SDC 1939, § 27.1507 (1), (5) as enacted by SL 1957, ch 118, § 1; SL 1965, ch 127, § 1; SL 1967, ch 105, § 2; SDCL, §§ 36-15-42 , 36-15-43 ; SL 1972, ch 206, § 34; SL 1997, ch 218, § 16; SL 2003, ch 202, § 48; SL 2021, ch 176, § 2.
S.D. Codified Laws § 36-35-13 — SD Code / Title 36 / Chapter 35 / Section 36-35-13
Unprofessional conduct
Status: in_force

For the purposes of this chapter, any of the following acts constitute unprofessional conduct:

(1) Conviction of or a plea of guilty to any felony, any crime involving or relating to the practice of massage, or any crime involving dishonesty or moral turpitude;

(2) Providing the board false or misleading information on any application for a license or renewal of a license;

(3) Willful misconduct or negligence in the practice of massage;

(4) Exceeding the scope of practice of massage as defined in § 36-35-1 ;

(5) Engaging in any lewd or immoral conduct;

(6) Making fraudulent charges for services;

(7) Engaging in conduct which endangers the health or welfare of clients or other persons;

(8) Failure to comply with any provision of this chapter; or

(9) Engaging in any act that aids, abets, facilitates, or promotes a violation of this chapter.

Source: SL 2005, ch 206, § 13; SL 2013, ch 184, § 9; SL 2015, ch 201, § 3; SL 2016, ch 197, § 10.
S.D. Codified Laws § 36-37-18 — SD Code / Title 36 / Chapter 37 / Section 36-37-18
Speech-language pathology assistants--Requirements for licensure
Status: in_force

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

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

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

(3) Holds an associate's degree in speech-language pathology assisting or a bachelor's degree with a major in speech-language pathology or communication sciences and disorders from an accredited educational institution;

(4) Verifies required academic preparation and clinical experiences;

(5) Completes a minimum of one hundred hours of supervised clinical experience as a speech-language pathology assistant while either on the job or during academic preparation; and

(6) Has committed no act for which disciplinary action is justified.

While completing the supervised clinical experience required in subdivision (5), neither the applicant nor the supervising speech-language pathologist may represent the applicant as a licensed speech-language pathology assistant. The supervising speech-language pathologist must be available at all times when the applicant is competing on-the-job clinical fieldwork.

Source: SL 2012, ch 196, § 18; SL 2023, ch 141, § 12.
S.D. Codified Laws § 36-27A-10 — SD Code / Title 36 / Chapter 27A / Section 36-27A-10
Representations as psychologist restricted
Status: in_force

No person may represent himself as a psychologist, or engage in the practice of, or attempt to practice, psychology unless licensed pursuant to the provisions of this chapter or exempted under the provisions of § 36-27A-2 .

Source: SL 1976, ch 235, § 11; SDCL Supp, § 36-27-3; SL 1981, ch 281, § 10; SL 1995, ch 225, § 4.
S.D. Codified Laws § 36-12-21.6 — SD Code / Title 36 / Chapter 12 / Section 36-12-21.6
Supervision of technician by veterinarian--Promulgation of rules
Status: in_force

A veterinary technician may only work under the direction or supervision of the licensed veterinarian or veterinarians by whom the technician is employed. The State Board of Veterinary Medical Examiners shall promulgate rules pursuant to chapter 1-26 to define the terms direction and supervision.

Source: SL 1973, ch 245, § 5; SL 1993, ch 280, § 7; SL 2008, ch 194, § 3.
S.D. Codified Laws § 36-10-18.4 — SD Code / Title 36 / Chapter 10 / Section 36-10-18.4
State Board of Physical Therapy--Membership
Status: in_force

The State Board of Physical Therapy consists of:

(1) Four persons who are licensed to practice physical therapy in this state and have practiced physical therapy in this state for a period of five years immediately preceding the appointment;

(2) One person who is licensed as a physical therapist assistant in this state; and

(3) Two persons who are representatives of the public and have no association with or financial interest in the provision of health care.

The Governor shall appoint each member of the board.

Source: SL 2023, ch 136, § 4.
S.D. Codified Laws § 36-21A-133 — SD Code / Title 36 / Chapter 21A / Section 36-21A-133
Disclosure of client information by seller's or landlord's agent
Status: in_force

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

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

Source: SL 1998, ch 229, § 10; SL 2013, ch 177, § 34.
S.D. Codified Laws § 36-18A-12 — SD Code / Title 36 / Chapter 18A / Section 36-18A-12
Certain services performed by authorized petroleum release business exempt
Status: in_force

This chapter does not apply to providers of services such as drilling or monitoring well installation, analytical testing, monitoring, electrical, plumbing, excavation, or construction if the service provided is part of a site assessment, remedial investigation, or corrective action to remediate water or soil contaminated from a petroleum release performed or executed by an authorized petroleum release business entity with a certificate of authorization.

Source: SL 1999, ch 195, § 12.
S.D. Codified Laws § 36-21A-144 — SD Code / Title 36 / Chapter 21A / Section 36-21A-144
Transaction broker--Duties and obligations
Status: in_force

Any licensee acting as a transaction broker has the following duties and obligations:

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

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

(3) To present all offers in a timely manner;

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

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

(6) To disclose to the customer all adverse material facts known by the licensee.

No licensee acting as a transaction broker may advise any party to a transaction to the detriment of another party.

Source: SL 1998, ch 229, § 21.
S.D. Codified Laws § 36-4A-28 — SD Code / Title 36 / Chapter 4A / Section 36-4A-28
Hospital rules applicable
Status: in_force

If any physician assistant renders services in a hospital and related institutions as licensed pursuant to the provisions of chapter 34-12 , the physician assistant is subject to the rules and regulations of that hospital and related institutions.

Source: SL 1973, ch 250, § 4; SL 1999, ch 192, § 6; SL 2007, ch 207, § 14.
S.D. Codified Laws § 36-4B-29 — SD Code / Title 36 / Chapter 4B / Section 36-4B-29
Licensure fees--Promulgation of rules
Status: in_force

The board shall promulgate rules pursuant to chapter 1-26 to establish fees for emergency medical services personnel as follows:

(1) Initial licensure, not more than fifty dollars;

(2) Licensure by reciprocity, not more than seventy-five dollars;

(3) Licensure renewal, not more than fifty dollars;

(4) Reinstatement of a license within twelve months after expiration, not more than fifty dollars; and

(5) Reissuance of a lost or destroyed license, not more than ten dollars.

Source: SL 1978, ch 269, § 29; SL 1986, ch 302, § 57; SL 1992, ch 268, § 17; SL 2008, ch 191, § 7; SL 2024, ch 153, § 25; SL 2025, ch 150, § 3, eff. Feb. 18, 2025.
S.D. Codified Laws § 36-13-2 — SD Code / Title 36 / Chapter 13 / Section 36-13-2
Election of officers--Bond required of secretary-treasurer
Status: in_force

The board shall organize by the election of a president and secretary-treasurer from its members. The secretary-treasurer shall furnish a bond in the sum of not less than fifteen thousand dollars.

Source: SDC 1939, § 1.0102; SL 2008, ch 195, § 5.
S.D. Codified Laws § 36-16-4.1 — SD Code / Title 36 / Chapter 16 / Section 36-16-4.1
Lay members of commission--Appointment and term of office
Status: in_force

The membership of the State Electrical Commission shall include two lay members who are users of the services regulated by the commission. The term lay member who is a user refers to a person who is not licensed by the commission but where practical uses the service licensed, and the meaning shall be liberally construed to implement the purpose of this section. The lay members shall be appointed by the Governor and, after the initial appointments, both such lay members shall have the same term of office as members of the commission appointed under § 36-16-3 .

Source: SL 1973, ch 2, § 58.