S.D. Codified Laws § 36-36-11 — SD Code / Title 36 / Chapter 36 / Section 36-36-11
Renewal of license--Application--Fee--Continuing education
Status: in_force

Each license issued pursuant to this chapter shall be renewed annually on a date set by the board. The board shall renew a license upon payment of the renewal fee, submission of a renewal application in a form approved by the board, and evidence satisfactory to the board of the applicant's successful completion of continuing education requirements. The board shall establish the renewal fee by rules promulgated pursuant to chapter 1-26 . The fee may not exceed one hundred dollars.

Source: SL 2009, ch 194, § 11; SL 2016, ch 198, § 8.
S.D. Codified Laws § 36-36-13 — SD Code / Title 36 / Chapter 36 / Section 36-36-13
Cancellation, revocation, suspension, or limitation of license for incompetence, unprofessional conduct, or statutory violation
Status: in_force

The board may cancel, revoke, suspend, or limit the license of any genetic counselor issued pursuant to this chapter upon satisfactory proof by a preponderance of the evidence, in compliance with chapter 1-26 , of such licensee's professional incompetence, or unprofessional or dishonorable conduct as defined in §§ 36-4-29 and 36-4-30 , or proof of a violation of this chapter in any respect.

Source: SL 2009, ch 194, § 13.
S.D. Codified Laws § 36-36-8 — SD Code / Title 36 / Chapter 36 / Section 36-36-8
Seminars
Status: in_force

A licensed genetic counselor may provide a general seminar without a referral to a group or organization on genetic counseling if the seminar does not include individual, couple, or family specific counseling.

Source: SL 2009, ch 194, § 8.
S.D. Codified Laws § 36-34-17 — SD Code / Title 36 / Chapter 34 / Section 36-34-17
Employment of attorney
Status: in_force

The board may, if it deems best for the enforcement of this chapter or in the conduct of its duties, employ an attorney designated by the attorney general and subject to the supervision, control, and direction of the attorney general. The board shall fix and determine the compensation and period of service of the attorney who shall be paid out of the funds of the board.

Source: SL 2004, ch 253, § 18.
S.D. Codified Laws § 36-21C-11 — SD Code / Title 36 / Chapter 21C / Section 36-21C-11
Suspension, revocation, reprimand, or fine for violation of chapter
Status: in_force

The commission may suspend, revoke, reprimand, or assess a monetary penalty not to exceed two thousand five hundred dollars, or may provide for a combination or revocation, suspension, reprimand, or monetary penalty, for any violation of this chapter or any administrative rule adopted to administer this chapter.

Source: SL 2000, ch 194, § 11.
S.D. Codified Laws § 36-6A-10 — SD Code / Title 36 / Chapter 6A / Section 36-6A-10
Board meetings
Status: in_force

The board shall hold at least two meetings annually at times and places to be set by the board. The board may hold other meetings at a time and place set by the president or a majority of the board. A majority of the board may call a meeting, without the call of the president.

Source: SDC 1939, § 27.0603; SL 1971, ch 213, § 9; SL 1992, ch 269, § 9; SL 2015, ch 199, § 8.
S.D. Codified Laws § 36-9A-11 — SD Code / Title 36 / Chapter 9A / Section 36-9A-11
Title used by certified nurse practitioner and certified nurse midwife
Status: in_force

A person licensed to practice as a certified nurse practitioner in this state may use the title, APRN, and certified nurse practitioner abbreviated, CNP. A person licensed to practice as a certified nurse midwife in this state may use the title, APRN, and certified nurse midwife abbreviated, CNM.

Source: SL 1979, ch 256, § 13; SL 1995, ch 218, § 11; SL 2014, ch 180, § 15; SL 2017, ch 171, § 15.
S.D. Codified Laws § 36-21A-12.2 — SD Code / Title 36 / Chapter 21A / Section 36-21A-12.2
Broker price opinion and comparative market analysis defined
Status: in_force

For the purposes of this chapter, the terms, broker price opinion and comparative market analysis, mean an estimate prepared by a licensed broker or salesperson that details the probable selling price or leasing price of a particular parcel of or interest in real property and provides a varying level of detail about the property's condition, market and neighborhood, and information on comparable properties, but does not include an automated valuation model. A broker price opinion or a comparative market analysis is not an appraisal.

Source: SL 2013, ch 178, § 1.
S.D. Codified Laws § 36-35-8 — SD Code / Title 36 / Chapter 35 / Section 36-35-8
Display of license--Proof of licensure
Status: in_force

Any person engaged in the practice of massage in this state shall conspicuously display a valid license from the board in the licensee's regular place of business. If the licensee is providing massage therapy outside of the licensee's regular place of business, the licensee shall, upon request, produce photo identification and proof of licensure. Failure to comply with this section is a petty offense.

Source: SL 2005, ch 206, § 8; SL 2013, ch 184, § 1; SL 2016, ch 197, § 5.
S.D. Codified Laws § 36-36-5 — SD Code / Title 36 / Chapter 36 / Section 36-36-5
Application for license--Fee--Qualifications
Status: in_force

Any person desiring to engage in the practice of genetic counseling in this state shall apply to the board for a license and pay the license fee. The application shall contain the information the board may require. The license fee shall be established by the board by rules promulgated pursuant to chapter 1-26 . The license fee may not exceed two hundred dollars. The board may grant a license to any applicant who gives satisfactory proof of being of at least eighteen years of age and who is of good moral character and also fulfills the following requirements:

(1) Education at one of the following levels:

(a) Master's degree from a genetic counseling training program that is accredited by the ACGC and approved by the board; or

(b) Doctoral degree from a medical genetics training program that is accredited by the ABMGG and approved by the board; and

(2) Successful completion of all requirements of the certification examination within a period not to exceed four years from initial examination to successful completion and with no more than two attempts.

Source: SL 2009, ch 194, § 5; SL 2016, ch 198, § 4.
S.D. Codified Laws § 36-28-14 — SD Code / Title 36 / Chapter 28 / Section 36-28-14
Issuance of license to license holder from another jurisdiction
Status: in_force

The board may issue a nursing facility administrator license to any person who holds a current license as a nursing facility administrator or equivalent license from another jurisdiction, if the board finds that the standards for licensure in such other jurisdiction are at least substantially equivalent to those prevailing in this state and that the applicant is otherwise qualified. The board may adopt, by rules promulgated pursuant to chapter 1-26 , minimum requirements for qualification and a nonrefundable fee for reciprocal licensure which may not exceed five hundred dollars.

Source: SL 1969, ch 113, § 13; SDCL Supp, § 34-12A-14; SL 1996, ch 239, § 4; SL 2014, ch 186, § 10.
S.D. Codified Laws § 36-21A-28 — SD Code / Title 36 / Chapter 21A / Section 36-21A-28
Active license required for certain acts
Status: in_force

No person, unless exempted under this chapter, may offer, attempt or agree to perform, or perform any act enumerated within this chapter without an active license issued by the commission. No person may collect compensation as a licensee under this chapter without having first complied with the provisions of this chapter.

Source: SL 1992, ch 273, § 28; SL 2013, ch 177, § 10.
S.D. Codified Laws § 36-28-4.1 — SD Code / Title 36 / Chapter 28 / Section 36-28-4.1
Meetings--Quorum
Status: in_force

The board shall meet at least annually. A majority of the members constitute a quorum. A majority vote of those present constitutes a decision of the entire board.

Source: SL 2014, ch 186, § 4.
S.D. Codified Laws § 36-11A-4.1 — SD Code / Title 36 / Chapter 11A / Section 36-11A-4.1
License required for wholesale distributors, outsourcing facilities, and third-party logistics providers
Status: in_force

Each wholesale distributor and outsourcing facility located within or outside of the state that provides services to outlets within the state, shall be licensed annually by the board. Each third-party logistics provider located in this state shall be licensed by the board.

Source: SL 2017, ch 174, § 6.
S.D. Codified Laws § 36-4B-3 — SD Code / Title 36 / Chapter 4B / Section 36-4B-3
Emergency medical services personnel--License required--Penalty
Status: in_force

It is a Class 2 misdemeanor for any person not licensed in accordance with this chapter to purport to be, or practice as, an emergency medical services personnel. Each violation is a separate offense.

Source: SL 1978, ch 269, § 4; SL 1987, ch 268, § 2; SL 2003, ch 198, § 2; SL 2024, ch 153, § 3.
S.D. Codified Laws § 36-12-17 — SD Code / Title 36 / Chapter 12 / Section 36-12-17
Temporary student permits
Status: in_force

The secretary of the Board of Veterinary Medical Examiners shall issue temporary permits to senior students who practice in the office of, and under the direct supervision of a veterinarian entitled to practice veterinary medicine in this state, which temporary permit shall not exceed four months from its date of issuance.

Source: SL 1961, ch 201, § 18 (a).
S.D. Codified Laws § 36-37-18.1 — SD Code / Title 36 / Chapter 37 / Section 36-37-18.1
Speech-language pathology assistants--Requirements for licensure--Out-of-state license--Association certificate
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 in rules promulgated in accordance with chapter 1-26 ;

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

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

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

Source: SL 2023, ch 141, § 13.
S.D. Codified Laws § 36-21A-95 — SD Code / Title 36 / Chapter 21A / Section 36-21A-95
Investigation of application and inspection of out-of-state real estate--Expenses borne by applicant
Status: in_force

The commission shall thoroughly investigate all matters relating to the application and may require a personal inspection of the real estate by a person or persons designated by it. All expenses incurred by the commission in investigating the real estate and its proposed sale in this state shall be borne by the applicant and the commission shall require a deposit sufficient to cover such expenses before the investigation.

Source: SL 1992, ch 273, § 95.
S.D. Codified Laws § 36-21A-22 — SD Code / Title 36 / Chapter 21A / Section 36-21A-22
Filing or notice to the commission--Date of filing or notice
Status: in_force

Whenever any filing or notice to the commission is provided for, the filing or notice shall be delivered in person or mailed to the commission at its principal place of business. The date of the filing or notice is the date upon which the document is received at the principal place of business of the commission.

Source: SL 1992, ch 273, § 22.
S.D. Codified Laws § 36-4-41 — SD Code / Title 36 / Chapter 4 / Section 36-4-41
Practice of medicine or osteopathy in South Dakota while located outside of state
Status: in_force

Any nonresident physician or osteopath who, while located outside this state, provides diagnostic or treatment services through electronic means to a patient located in this state under a contract with a health care provider licensed under Title 36, a clinic located in this state that provides health services, a health maintenance organization, a preferred provider organization, or a health care facility licensed under chapter 34-12 , is engaged in the practice of medicine or osteopathy in this state. Consultation between a nonresident physician or osteopath and a licensee under this chapter is governed by § 36-2-9 .

Source: SL 1995, ch 212; SL 2002, ch 175, § 2.
S.D. Codified Laws § 36-35-12.3 — SD Code / Title 36 / Chapter 35 / Section 36-35-12.3
Expiration of license
Status: in_force

A license issued under this chapter is valid until September thirtieth following the date it is issued and automatically expires unless it is renewed.

Source: SL 2013, ch 184, § 8; SL 2016, ch 197, § 9.
S.D. Codified Laws § 36-15-37 — SD Code / Title 36 / Chapter 15 / Section 36-15-37
Separation of salon and school required
Status: in_force

No owner, employer, manager, or any other person may conduct simultaneously a salon and a school, unless the salon is conducted separately from the school so as not to be construed by the public as one enterprise.

Source: SDC 1939, § 27.1506 (6) as enacted by SL 1957, ch 118, § 1; SL 1963, ch 156; SL 1972, ch 206, § 32; SL 1997, ch 218, § 15; SL 2003, ch 202, § 46.
S.D. Codified Laws § 36-5-2 — SD Code / Title 36 / Chapter 5 / Section 36-5-2
Advertising or practicing without license or annual license renewal--Misdemeanor
Status: in_force

Any person who advertises, practices, or attempts to practice chiropractic or who uses the title chiropractor or any word or title having a tendency to induce any person to believe that the person is a chiropractor without first having secured a license from the board or an annual license renewal from the board is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 27.9910; SL 1939, ch 101, § 9; SL 1975, ch 232, § 1; SL 1977, ch 190, § 146; SL 2005, ch 199, § 11; SL 2007, ch 210, § 1; SL 2021, ch 173, § 2.
S.D. Codified Laws § 36-21A-13 — SD Code / Title 36 / Chapter 21A / Section 36-21A-13
Real estate commission created--Composition
Status: in_force

There is created a South Dakota Real Estate Commission. The commission consists of five members appointed by the Governor. The members may not all be of the same political party. Three members shall be active real estate brokers; two shall be members of the public.

Source: SL 1992, ch 273, § 13.
S.D. Codified Laws § 36-38-13 — SD Code / Title 36 / Chapter 38 / Section 36-38-13
Commencement of proceedings for cancellation or revocation of license
Status: in_force

If the board has information that any licensee may be guilty of any misconduct as provided in § 36-38-12 or is guilty of gross incompetence or unprofessional or dishonorable conduct, the board may institute proceedings for cancellation or revocation of the license.

Source: SL 2016, ch 199, § 13.
S.D. Codified Laws § 36-7-28 — SD Code / Title 36 / Chapter 7 / Section 36-7-28
Injunction to prevent violation of chapter--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 in actions to be brought by the State Board of Examiners in Optometry. Such suits may also be brought by any citizen of the state. An action for injunction shall be an alternate to criminal proceedings, and the commencement of one proceeding by the board constitutes an election.

Source: SDC 1939, § 27.0703 (5) as added by SL 1964, ch 85; revised pursuant to SL 1972, ch 15, §§ 3, 4.
S.D. Codified Laws § 36-21A-121 — SD Code / Title 36 / Chapter 21A / Section 36-21A-121
Commission to determine conditions of errors and omissions coverage
Status: in_force

The Real Estate Commission shall determine the terms and conditions of coverage required by § 36-21A-119 , including the minimum limits of coverage, the permissible deductible and the permissible exceptions.

Source: SL 1993, ch 288, § 3.
S.D. Codified Laws § 36-26-2 — SD Code / Title 36 / Chapter 26 / Section 36-26-2
Purpose and application of chapter
Status: in_force

Since the profession of social work profoundly affects the lives of the people of this state, it is the purpose of this chapter to protect the public by setting standards of qualification, education, training, and experience for each person engaging in the practice of social work and to promote high standards of professional performance for any person engaged in the profession of social work. However, the provisions of this chapter do not apply to any employee of state government who is covered by the provisions of chapter 3-6D .

Source: SL 1975, ch 22, § 2; SL 2018, ch 12, § 18.
S.D. Codified Laws § 36-21A-141.1 — SD Code / Title 36 / Chapter 21A / Section 36-21A-141.1
Appointment of licensee to act as appointed agent of client to exclusion of other licensees--Limited agent--Information--Rules
Status: in_force

A real estate brokerage entering into an agency agreement may, through the responsible broker, appoint to the client those licensees affiliated with the brokerage who will act as appointed agents of that client to the exclusion of all other licensees affiliated with the brokerage. The appointment shall be in writing. A responsible broker is not a limited agent solely because the broker makes an appointment pursuant to this section. However, any licensee who personally represents both the seller and buyer or both the landlord and tenant in a particular transaction is a limited agent and shall comply with the provisions governing limited agents.

When an agent is appointed pursuant to this section, each client, the real estate brokerage, and any appointed licensee is considered to possess only actual knowledge and information. There is no imputation of knowledge or information by operation of law among or between the client, the real estate brokerage, and the appointed agent.

The commission shall promulgate rules pursuant to chapter 1-26 to establish appointed agent procedures regarding disclosure and confidentiality.

Source: SL 2005, ch 203, § 1.
S.D. Codified Laws § 36-32-65.1 — SD Code / Title 36 / Chapter 32 / Section 36-32-65.1
Licensed professional counselor-mental health--Exception to minimum hour degree requirement--Compact eligibility
Status: in_force

Notwithstanding subsection 36-32-65 (2)(b), the board may issue a license as a professional counselor--mental health to an applicant who has received a master's or a doctoral degree, consisting of less than sixty credit hours but no less than forty-eight credit hours in counseling, if the applicant otherwise satisfies the requirements for licensure in § 36-32-65 .

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

Source: SL 2024, ch 164, § 4.
S.D. Codified Laws § 36-4-45 — SD Code / Title 36 / Chapter 4 / Section 36-4-45
Use of general funds to support Interstate Medical Licensure Compact prohibited
Status: in_force

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

Source: SL 2015, ch 198, § 2.
S.D. Codified Laws § 36-35-20 — SD Code / Title 36 / Chapter 35 / Section 36-35-20
Investigation of complaints--Inspections
Status: in_force

The board shall receive and investigate any complaint filed with the board alleging a violation of this chapter pursuant to the procedures set forth in chapter 36-1C. The board may inspect the place of business of the licensee named in a complaint during normal business hours or upon written notice.

Source: SL 2005, ch 206, § 20; SL 2013, ch 184, § 14; SL 2016, ch 197, § 15; SL 2021, ch 168, § 45.
S.D. Codified Laws § 36-14-2 — SD Code / Title 36 / Chapter 14 / Section 36-14-2
Board of Barber Examiners--Members--Terms of office--Qualifications--Removal--Vacancies
Status: in_force

The Governor shall appoint a Board of Barber Examiners which shall include three professional members. The term of each is three years commencing on the thirty-first day of October. The appointee's term expires on October thirtieth in the third year of appointment. Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire. No member may serve more than three consecutive full terms. However, appointment to fill an unexpired term is not considered a complete term for this purpose. Each of these members shall be a practical barber who has followed the occupation of barber in this state for at least five years immediately preceding the barber's appointment. The Governor may remove a member for cause and shall fill all vacancies. Any member appointed to fill a vacancy shall serve the remainder of the unexpired term. The Governor may stagger the terms to enable the board to have different terms expire each year.

Source: SDC 1939, § 27.1604; revised pursuant to SL 1973, ch 2, § 58; SL 2005, ch 199, § 42; SL 2012, ch 16, § 4; SL 2013, ch 176, § 4.
S.D. Codified Laws § 36-16-8.1 — SD Code / Title 36 / Chapter 16 / Section 36-16-8.1
Commission continued within Department of Labor and Regulation--Records and reports
Status: in_force

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

Source: SL 1973, ch 2 (Ex. Ord. 73-1), §§ 3(d), 56(i); SL 2003, ch 272 (Ex. Ord. 03-1), § 48; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 36-12-25 — SD Code / Title 36 / Chapter 12 / Section 36-12-25
Judicial review on revocation of license
Status: in_force

Any person whose license has been revoked by the Board of Veterinary Medical Examiners is entitled to judicial review as provided by chapter 1-26 .

Source: SL 1961, ch 201, § 13; revised pursuant to SL 1972, ch 15, § 4.
S.D. Codified Laws § 36-18A-34 — SD Code / Title 36 / Chapter 18A / Section 36-18A-34
Notice of results--Reexamination--Fees
Status: in_force

The board shall notify each applicant of the results of the examination and those entitled to licensure or enrollment. If an applicant fails the examination and the applicant's application is still current, subsequent reexaminations may be granted upon payment of a fee. The board shall promulgate rules, pursuant to chapter 1-26 , to establish reexamination fees, not to exceed two hundred dollars, for all licensure and enrollment applicants.

Source: SL 1999, ch 195, § 34; SL 2009, ch 184, § 5.
S.D. Codified Laws § 36-11-16.1 — SD Code / Title 36 / Chapter 11 / Section 36-11-16.1
Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees
Status: in_force

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

Source: SL 2012, ch 193, § 5.
S.D. Codified Laws § 36-21A-44 — SD Code / Title 36 / Chapter 21A / Section 36-21A-44
Issuance of license to successful applicant--Association with broker--Authority to conduct business
Status: in_force

Upon passing the examination and completion of the other requirements, a license shall be issued to the successful applicant. Upon receiving the license and associating with a broker, he may conduct the business authorized by the license.

Source: SL 1992, ch 273, § 44.
S.D. Codified Laws § 36-21A-109 — SD Code / Title 36 / Chapter 21A / Section 36-21A-109
Defense by judgment debtor in action against recovery fund
Status: in_force

The judgment debtor may defend any such action on his own behalf and shall have recourse to all appropriate means of defense and review including examination of witnesses.

Source: SL 1992, ch 273, § 109.
S.D. Codified Laws § 36-9-2 — SD Code / Title 36 / Chapter 9 / Section 36-9-2
Evidence of qualification and license required to practice nursing
Status: in_force

Any person practicing or offering to practice as:

(1) A registered nurse;

(2) A licensed practical nurse; or

(3) An advanced practice registered nurse

Source: SDC 1939, § 27.0907; SL 1947, ch 123, § 10; SL 1949, ch 109, § 11; SL 1955, ch 91, § 1; SDC Supp 1960, § 27.0901; SL 1967, ch 101, § 1; SL 1976, ch 228, § 3; SL 1979, ch 255, § 2; SL 2014, ch 180, § 2.
S.D. Codified Laws § 36-10-35.8 — SD Code / Title 36 / Chapter 10 / Section 36-10-35.8
Physical therapist assistant--Supervision--Limits, delegation
Status: in_force

A physical therapist may not, at any one time, supervise more than the equivalent of two full-time physical therapist assistants.

The supervising physical therapist may delegate responsibility for the supervision of a physical therapist assistant to another physical therapist.

Source: SL 1996, ch 231, § 14; SL 2017, ch 173, § 11; SL 2023, ch 136, § 20; SL 2025, ch 152, § 4.
S.D. Codified Laws § 36-13-17 — SD Code / Title 36 / Chapter 13 / Section 36-13-17
Filing and registration of bond
Status: in_force

The original bond required by § 36-13-15 shall be filed and registered by and remain in the office of the secretary-treasurer of the board as a public file and record. The secretary-treasurer shall file a certified copy of each bond filed and registered pursuant to this section in the office of the county auditor of the county to which it relates within thirty days after the approval of the bond.

Source: SDC 1939, § 1.0107; SL 2008, ch 195, § 22.
S.D. Codified Laws § 36-25-1 — SD Code / Title 36 / Chapter 25 / Section 36-25-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Commission," the State Plumbing Commission created by this chapter;

(2) "Individual and small on-site wastewater system," a system or facility designed to contain, neutralize, stabilize, disperse, or treat wastewater on or near the location where the wastewater is generated;

(3) "Plumber," any person other than a plumbing contractor who, as that person's principal occupation, is engaged as an employee of, or otherwise working under, the direction of a plumbing contractor in the installation of plumbing, and who is lawfully qualified and registered as a plumber pursuant to the provisions of this chapter;

(4) "Plumber's apprentice," any person other than a plumber or plumbing contractor who is engaged in working as an employee of a plumbing contractor under the immediate and personal supervision of either a plumbing contractor or plumber in learning and assisting in the installation of plumbing;

(5) "Plumbing," the practice of, and the furnishing and the use of materials and fixtures in the installation, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with sanitary drainage or storm drainage facilities, the venting system and the public water supply systems, within or adjacent to any building, structure, or conveyance. The term includes the installation, extension, or alterations of the storm - water, liquid waste, or sewerage and water - supply systems of any premises to their connection with any point of public disposal, or other regulated terminal;

(6) "Plumbing contractor," any person qualified and skilled in the planning, superintending, and the practical installation of plumbing, and otherwise qualified and registered to contract for plumbing installations and conduct the business of plumbing, and familiar with the laws and rules governing plumbing;

(7) "Plumbing installation certificate," the certificate issued for each installation or occurrence by the commission that authorizes a person to perform plumbing;

(8) "Plumbing repair work," repairs to keep plumbing in an existing state including repair and replacement of faucets, valves in existing systems, repair of leaks in existing water and waste systems, replacement of damaged water closet and lavatory fixtures if it does not involve changes in rough - in, replacement of temperature and pressure relief valves on existing systems, or cleaning of sewer lines. Plumbing repair work does not include cutting into or extending water or waste lines or rough - in for new plumbing work of any kind.

Source: SL 1970, ch 222, § 1; SL 2003, ch 206, § 1; SL 2003, ch 207, § 1; SL 2021, ch 181, § 2.
S.D. Codified Laws § 36-4B-30 — SD Code / Title 36 / Chapter 4B / Section 36-4B-30
Monthly payment of receipts into treasury--Credit to fund--Appropriation for expenses
Status: in_force

Any money coming in to the board each calendar month, including license fees, renewal fees, penalty fees, and any other payments, shall be paid by the board to the state treasurer by the tenth day of the next month. The state treasurer shall credit the money to the South Dakota Board of Medical and Osteopathic Examiners fund, which fund is hereby created. The money in the South Dakota Board of Medical and Osteopathic Examiners fund is hereby continuously appropriated to the board for the purpose of paying the expenses of administering and enforcing the provisions of this chapter. However, the total expense incurred may not exceed the total money collected by the board under the provisions of this chapter.

Source: SL 1978, ch 269, § 30; SL 1992, ch 268, § 18.
S.D. Codified Laws § 36-36-12 — SD Code / Title 36 / Chapter 36 / Section 36-36-12
Promulgation of rules
Status: in_force

The board shall promulgate rules pursuant to chapter 1-26 pertaining to fees, licensure, investigations, and continuing education.

Source: SL 2009, ch 194, § 12; SL 2016, ch 198, § 9; SL 2021, ch 168, § 46.
S.D. Codified Laws § 36-9C-3 — SD Code / Title 36 / Chapter 9C / Section 36-9C-3
Functions exempt from chapter
Status: in_force

This chapter does not prohibit the performance of the functions of a certified professional midwife if performed:

(1) In an emergency situation;

(2) By a certified nurse midwife licensed pursuant to chapter 36-9A and authorized to practice in this state;

(3) By a physician licensed pursuant to chapter 36-4 and authorized to practice in this state;

(4) By a student midwife licensed pursuant to this chapter and enrolled in an approved program and who is under the direct supervision of a preceptor which could include a physician, a certified nurse midwife, or a certified professional midwife licensed by this state;

(5) By any person exempt pursuant to § 36-2-20 ; or

(6) By a certified professional midwife licensed or authorized to practice in another state or jurisdiction in order to provide education or consultation for a period of not more than seven days.

Source: SL 2017, ch 172, § 3.
S.D. Codified Laws § 36-21A-1 — SD Code / Title 36 / Chapter 21A / Section 36-21A-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Agency," any relationship by which one person acts for or on behalf of a client subject to the client's reasonable direction and control;

(2) "Agency agreement," a written agreement between a broker and a client that creates a fiduciary relationship between the broker and client. The payment or promise of payment of compensation to a responsible broker does not determine whether an agency relationship has been created between any responsible broker or licensees associated with the responsible broker and a client;

(3) "Auction," any public sale of real estate as defined in § 36-21A-11 or business property as defined in subdivision 36-21A-6 (3) at public offering to the highest bidder;

(4) "Auctioneer," any person licensed under this chapter who auctions, offers, attempts, or agrees to auction real estate or business opportunities;

(5) "Broker associate," any broker acting in association with or under the auspices of a responsible broker;

(6) "Client," any person, including a seller, landlord, buyer, or tenant, who has entered into an agency relationship with a real estate licensee;

(7) "Commission," the South Dakota Real Estate Commission;

(8) "Consumer," any person seeking or receiving services from a real estate broker;

(9) "Customer," any party to a real estate transaction who does not have an agency relationship with a licensee;

(10) "Designated broker," any broker licensee designated by a responsible broker to act for the company in the conduct of real estate brokerage;

(11) "In-company transaction," any transaction in which both the seller or landlord and the buyer or tenant receive real estate services from the same broker or from licensees associated with the same broker;

(12) "Licensee," any person holding a license issued pursuant to this chapter;

(13) "Limited agent," any licensee who has a written agency relationship with both the seller and the buyer in the same in-company transaction;

(14) "Person," any individual, corporation, limited liability company, partnership, limited partnership, association, joint venture, or any other entity, foreign or domestic;

(15) "Purchaser," any person who acquires or attempts to acquire or succeeds to an interest in real property;

(16) "Responsible broker," any person holding a broker's license issued pursuant to this chapter who is responsible for the real estate activities conducted by those licensees acting in association with or under the auspices of the responsible broker;

(17) "Served actively," if referring to a real estate salesman or broker associate, having the license on an active status with the commission;

(18) "Single agent," any licensee who represents only one party to a transaction;

(19) "Subdivider," a person who causes land to be subdivided into a subdivision for that person or others, or who undertakes to develop a subdivision. The term does not include a public agency or officer authorized by law to create subdivisions;

(20) "Subdivision," or "subdivided land," any real estate offered for sale and that has been registered under the Interstate Land Sales Full Disclosure Act, 82 Stat. 590 and following, 15 U.S.C. § 1701 and following, as the Act existed on January 1, 1980, or real estate located out of this state that is divided or proposed to be divided into fifty or more lots, parcels, or units;

(21) "Team," any two or more licensed persons who work under the supervision of the same responsible broker, work together on real estate transactions to provide real estate brokerage services, who are designated as a team by the responsible broker, and have a team leader designated by the responsible broker;

(22) "Team leader," any person licensed by the commission and designated by the person's responsible broker as the leader for the person's team. A team leader is responsible for supervising the real estate activities of the person's team performed under this chapter, subject to the overall supervision of the responsible broker of the team leader and team members;

(23) "Transaction broker," a broker who assists one or more parties with a real estate transaction without being an agent or advocate for the interests of any party to the transaction. The term includes the licensees associated with the broker; and

(24) "Transaction broker agreement," a written agreement in which the broker does not represent either the seller or the buyer in a fiduciary capacity. No brokerage relationship may be created or implied by word or action alone, but only by written agreement clarifying the brokerage relationship.

Source: SL 1992, ch 273, § 1; SL 1994, ch 351, § 80; SL 1998, ch 229, § 1; SL 2011, ch 180, § 1; SL 2013, ch 177, § 1; SL 2019, ch 171, § 1; SL 2020, ch 162, § 1; SL 2023, ch 138, § 1.
S.D. Codified Laws § 36-34-13.9 — SD Code / Title 36 / Chapter 34 / Section 36-34-13.9
Counseling by electronic means--Compliance
Status: in_force

Any person who practices counseling through electronic means and provides addiction counseling or prevention services to a patient located in this state is engaged in the practice of addiction counseling or prevention services in this state, regardless of the person's physical location. Any person who provides addiction counseling or prevention services through electronic means must comply with the provisions of this chapter and rules promulgated by the board under this chapter.

Source: SL 2023, ch 140, § 7.
S.D. Codified Laws § 36-21A-29 — SD Code / Title 36 / Chapter 21A / Section 36-21A-29
Persons and entities exempt from licensure
Status: in_force

This chapter does not apply to the following:

(1) Any person who as a bona fide owner or lessor, performs any of the acts described in §§ 36-21A-6 and 36-21A-12 with reference to property owned, or leased by the person, or to any regular employees thereof, if the acts are performed in the regular course of, or as an incident to the management of the property or investment in the property;

(2) Any public officer while performing the officer's duties;

(3) Any person owning and operating a cemetery and selling lots solely for use as burial plots;

(4) Any person acting as a receiver, trustee, personal representative, guardian or under court order, or while acting under authority of a deed, trust, or will;

(5) Any custodian, janitor, or employee of the owner or manager of a residential building who exhibits a residential unit therein to prospective tenants, accepts applications for leases and furnishes prospective tenants with information relative to the rental of the unit, terms and conditions of leases required by the owner or manager, and similar information;

(6) Any owner, manager, or employee of a business holding a lodging license while engaging in the lodging business;

(7) Any attorney at law, admitted to practice in South Dakota, unless the attorney holds himself or herself out to be in the real estate business or solicits real estate business, in which event the attorney may obtain a real estate license without examination, but the attorney is otherwise subject to the provisions of this chapter;

(8) Any bank, bank holding company or subsidiary thereof, credit union, trust company, savings and loan association, public utility, or any land mortgage or farm loan association organized under the laws of this state or the United States, if engaged in the transaction of business within the scope of its corporate powers as provided by law;

(9) Any person or company whose business practice is to collect a fee or compensation to publish real estate listings in print, electronic, or other media;

(10) Any person holding, in good faith, a duly executed power of attorney from the owner, authorizing the final consummation and execution for the sale, purchase, leasing, or exchange of real property, if the acts are not of a recurrent nature and done with the intention of evading this chapter; and

(11) Any employee of any person enumerated in this section whose principal duties are other than those duties described in §§ 36-21A-6 and 36-21A-12 , if engaged in the specific performance of the employee's duties.

Source: SL 1992, ch 273, § 29; SL 1998, ch 232, § 1; SL 2013, ch 179, § 2; SL 2018, ch 237, § 1; SL 2020, ch 162, § 4; SL 2023, ch 138, § 4.
S.D. Codified Laws § 36-4C-1 — SD Code / Title 36 / Chapter 4C / Section 36-4C-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Affiliate," the South Dakota affiliate of the American Association for Respiratory Care;

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

(3) "Certified respiratory therapist," a respiratory care practitioner who has successfully completed a training program accredited by the Commission on Accreditation of Allied Health Education Programs in collaboration with the Committee on Accreditation for Respiratory Care and who has successfully completed the entry level examination for respiratory therapists administered by the National Board for Respiratory Care, Incorporated;

(4) "Graduate respiratory care practitioner," a person who has graduated from an education and training program accredited by the Commission on Accreditation of Allied Health Education Programs in collaboration with the Committee on Accreditation for Respiratory Care and who is eligible to take the licensure examination required by § 36-4C-8 ;

(5) "Qualified medical director," a physician licensed pursuant to chapter 36-4 who has a special interest and knowledge in the diagnosis and treatment of cardiopulmonary problems and is responsible for the medical direction of any inpatient or outpatient respiratory care service, department, or home care agency. If possible, the medical director must be qualified by special training or be experienced in the management of acute and chronic respiratory disorders or both. The medical director is responsible for the quality, safety, and appropriateness of respiratory care services;

(6) "Respiratory care practitioner," any person with a temporary permit or license to practice respiratory care as defined in this chapter and whose temporary permit or license is in good standing;

(7) "Registered respiratory therapist," a respiratory care practitioner who has successfully completed a training program accredited by the Commission on Accreditation of Allied Health Education Programs in collaboration with the Committee on Accreditation for Respiratory Care and who has successfully completed the registry examination for advanced respiratory therapists administered by the National Board for Respiratory Care, Incorporated; and

(8) "Student respiratory care practitioner," a person who is enrolled in an education and training program for respiratory care practitioners that is accredited by the Commission on Accreditation of Allied Health Education Programs and the Committee on Accreditation for Respiratory Care and who provides respiratory care under direct supervision of a licensed respiratory care practitioner who is on the premises where the respiratory care services are provided and who is available for immediate consultation.

Source: SL 1993, ch 273, § 1; SL 1994, ch 294, § 1; SL 2004, ch 245, § 1; SL 2024, ch 152, § 6.
S.D. Codified Laws § 36-2A-2 — SD Code / Title 36 / Chapter 2A / Section 36-2A-2
Health professional assistance program--Standards
Status: in_force

A board may conduct, or contract for services with an entity to conduct, a health professionals assistance program to protect the public from impaired persons regulated by the board. The program does not affect a board's authority to discipline violators of a board's practice act.

A health professionals assistance program shall include the following standards:

(1) Program personnel qualified to manage mental health and substance use related issues and disorders;

(2) Admission criteria;

(3) Criteria for denial of admission pursuant to § 36-2A-8 ;

(4) Program participation components;

(5) Termination criteria; and

(6) Successful discharge criteria.

Source: SL 1996, ch 227, § 2; SL 2013, ch 171, § 2; SL 2021, ch 170, § 3.
S.D. Codified Laws § 36-9A-32 — SD Code / Title 36 / Chapter 9A / Section 36-9A-32
Physical or mental examination of license holder or applicant
Status: in_force

The board may take action authorized by § 36-9A-29 upon a satisfactory showing that the physical or mental condition of the license holder or applicant is determined by a competent medical examiner to jeopardize or endanger the health of those entrusted to the person's care. The board may demand an examination of the license holder or applicant by a competent medical examiner selected by the board at the license holder's or applicant's expense. If a license holder or applicant fails to submit to the examination, the failure constitutes immediate grounds for suspension of that person's license or denial of licensure.

Source: SL 1979, ch 256, § 19; SL 1995, ch 218, § 22; SL 2017, ch 171, § 37.
S.D. Codified Laws § 36-4C-16 — SD Code / Title 36 / Chapter 4C / Section 36-4C-16
Initiation of revocation, suspension, or cancellation proceeding
Status: in_force

A proceeding for cancellation, revocation, or suspension of a license or temporary permit may be initiated if the board has written information that any person may have been guilty of any misconduct pursuant to § 36-4C-15 or is guilty of incompetence or unprofessional or dishonorable conduct.

Source: SL 1993, ch 273, § 16; SL 2005, ch 199, § 10.
S.D. Codified Laws § 36-4B-34.3 — SD Code / Title 36 / Chapter 4B / Section 36-4B-34.3
Application of §36-4B-34.2to observations made and records prepared during treatment--Testimony as witness
Status: in_force

The provisions of § 36-4B-34.2 do not apply to any observation made at the time of treatment by a health care professional present during a patient's treatment or to patient records prepared during the treatment and care rendered to a patient who is personally or by personal representative a party to an action or proceeding, the subject matter of which is the care and treatment of the patient. Furthermore, no member of any committee covered by § 36-4B-34.1 who has participated in deliberations under that section involving the subject matter of the action, may testify as an expert witness for any party in any action for personal injury or wrongful death, the subject matter of which is the care and treatment of the patient. Notwithstanding membership on any committee covered by § 36-4B-34.1 , a health care professional observing or participating in the patient's treatment and care may testify as a fact or expert witness concerning that treatment and care, but may not be required to testify as to anything protected by § 36-4B-34.1 .

Source: SL 2004, ch 244, § 3.
S.D. Codified Laws § 36-21A-56 — SD Code / Title 36 / Chapter 21A / Section 36-21A-56
Written notice of change of association--Statement of registration--Salesman placed on inactive status
Status: in_force

A licensee shall give written notice to the commission of a change of association and of the name of the licensed broker or firm with whom he is about to associate. The broker or firm with whom the licensee was associated and the broker and firm with whom the licensee is about to be associated shall also give written notice to the commission. The commission shall issue a statement of registration to the licensee. The commission shall place a salesman on inactive status until he is registered as being associated with another broker or firm.

Source: SL 1992, ch 273, § 56.
S.D. Codified Laws § 36-31-13 — SD Code / Title 36 / Chapter 31 / Section 36-31-13
Promulgation of rules
Status: in_force

The board may promulgate rules pertaining to licensure, fees, discipline, supervision, and continuing competency for licensed occupational therapists and licensed occupational therapy assistants. All rules made by the board pursuant to this chapter shall be adopted and amended in accordance with the provisions of chapter 1-26 .

Source: SL 1986, ch 323, § 13; SL 1996, ch 233.
S.D. Codified Laws § 36-20B-53 — SD Code / Title 36 / Chapter 20B / Section 36-20B-53
Continuing professional education or peer review as condition for reissuance of certificate, license or permit
Status: in_force

Before reissuing or terminating the suspension of a certificate, license, permit, or registration under this section or of practice privileges under the provisions of § 36-20B-66 or 36-20B-67 , and as a condition thereto, the board may require the applicant to show successful completion of specified continuing professional education. The board may make the reinstatement of a certificate, license, permit, or registration or of practice privileges under the provisions of § 36-20B-66 or 36-20B-67 conditional and subject to satisfactory completion of a peer review conducted in such manner as the board may specify.

Source: SL 2002, ch 179, § 54; SL 2009, ch 185, § 18.
S.D. Codified Laws § 36-4-12.2 — SD Code / Title 36 / Chapter 4 / Section 36-4-12.2
List of approved colleges
Status: in_force

The Board of Medical and Osteopathic Examiners shall keep a written list of all medical and osteopathic colleges which are approved by the board.

Source: SL 1985, ch 297, § 9.
S.D. Codified Laws § 36-15-25 — SD Code / Title 36 / Chapter 15 / Section 36-15-25
Instructor license to teach--Application--Conditional license--Areas of instruction--Promulgation of rules
Status: in_force

No person may teach in a school or an apprentice salon unless that person is licensed by the commission as an instructor. Any person may qualify and be licensed by the commission as an instructor for cosmetology, nail technology, or esthetics, as applicable, upon application made to the commission. The application must be accompanied by satisfactory evidence that the applicant:

(1) Possesses the qualifications required by § 36-15-15 ;

(2) Currently holds a valid cosmetologist, nail technician, or esthetician license, as applicable;

(3) Has complied with any instructor education as prescribed by § 36-15-26.2 or has at least one year of teaching experience as a licensed instructor from another state in cosmetology, nail technology, or esthetics, as applicable; and

(4) Has passed an examination prescribed by the commission.

However, the applicant may receive the license conditionally, dependent on completing instructor education and passing the examination as prescribed by the commission in rules adopted pursuant to chapter 1-26 .

An instructor with a cosmetologist license may instruct in any practice of cosmetology. An instructor with a nail technician license may only instruct in the practice of nail technology. An instructor with an esthetician license may only instruct in the practice of esthetics.

The commission may promulgate rules, pursuant to chapter 1-26 , to establish education and experience requirements for a person to serve as a substitute instructor.

Source: SDC 1939, § 27.1508 (5) as enacted by SL 1957, ch 118, § 1; SL 1972, ch 206, § 25; SL 2003, ch 202, § 35; SL 2007, ch 217, § 6; SL 2018, ch 232, § 3; SL 2024, ch 157, § 2.
S.D. Codified Laws § 36-15-19.3 — SD Code / Title 36 / Chapter 15 / Section 36-15-19.3
Nail technician's examination--Issuance of license--Annual expiration and renewal
Status: in_force

Each applicant for a nail technician license who has complied with § 36-15-17.1 shall take the prescribed examination in the practice of nail technology. The commission shall determine the contents of the examination. Upon successful completion of the required education, passing the examination to the satisfaction of the commission and the receipt of the fee required in this chapter, the applicant shall be licensed as a nail technician. Any nail technician license issued by the commission pursuant to this chapter expires annually on a date set by the commission in rules promulgated pursuant to chapter 1-26 , and is renewable annually.

Source: SL 1997, ch 218, § 6; SL 2003, ch 202, § 26; SL 2018, ch 233, § 5.
S.D. Codified Laws § 36-9-12 — SD Code / Title 36 / Chapter 9 / Section 36-9-12
Employment of executive director--Qualifications
Status: in_force

The board may determine the qualifications, and employ in accordance with chapter 3-6D , a person who is not a member of the board to serve as executive director.

Source: SL 1955, ch 91, § 3; SDC Supp 1960, § 27.0903 (3) (1), (4); SL 1967, ch 101, § 3 (3) (1), (4); SDCL § 36-9-13 ; SL 1972, ch 204, § 3; SL 1976, ch 228, § 12; SL 1973, ch 23; SL 1986, ch 307, § 14; SL 2016, ch 194, § 10.
S.D. Codified Laws § 36-11A-13 — SD Code / Title 36 / Chapter 11A / Section 36-11A-13
License--Expiration and renewal--Reinstatement--Late fee--Ownership change
Status: in_force

Each wholesale drug distributor license expires on December thirty-first following the date of issuance. The board shall provide an application for license renewal to each licensee before December first of each year. To renew a license, the licensee shall submit the renewal application and pay the annual license fee set by the board as provided in § 36-11A-8 . If application for renewal of the license accompanied by the annual license fee is not made before the expiration date, the existing license lapses on the date of expiration. If the board receives a renewal application and fee for an expired license, the board must assess a fifty-dollar late fee and may reinstate the license.

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

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

(2) Pay a fee equal to the annual license fee.

Source: SL 1991, ch 307, § 13; SL 2017, ch 174, § 11; SL 2025, ch 154, § 34.
S.D. Codified Laws § 36-20B-13 — SD Code / Title 36 / Chapter 20B / Section 36-20B-13
Certification as certified public accountant--Fees
Status: in_force

The board shall grant a certificate to any applicant who meets the requirements of good moral character, education, examination, and experience requirements and who pays the fees prescribed in this chapter.

Source: SL 2002, ch 179, § 14.
S.D. Codified Laws § 36-18A-16 — SD Code / Title 36 / Chapter 18A / Section 36-18A-16
Immunity of board members--Attorney general to represent board
Status: in_force

The members of the board, or any committee of the board, and the executive director of the board are immune from liability in damages, and no cause of action for damages may arise against them for any act or proceeding undertaken or performed by them within their official capacity if they acted in good faith. These persons, while acting upon disciplinary matters and in carrying out civil remedies, are deemed to be acting as officers of the state. The attorney general shall represent and appear for them in any action or proceeding brought by or against them because of such acts.

Source: SL 1999, ch 195, § 16.
S.D. Codified Laws § 36-6A-49.5 — SD Code / Title 36 / Chapter 6A / Section 36-6A-49.5
Chapter not applicable to dentist outside of state in consultation with in-state dentist
Status: in_force

Nothing contained in this chapter may be construed to apply to any licensed person practicing dentistry outside of this state when in actual consultation with a dentist in this state.

Source: SL 2015, ch 199, § 62.
S.D. Codified Laws § 36-4A-4 — SD Code / Title 36 / Chapter 4A / Section 36-4A-4
Unlicensed practice prohibited--Exceptions--Penalty
Status: in_force

Except as provided in §§ 36-4A-5 and 36-4A-6 , any individual who practices as a physician assistant in this state, without a license issued by the board, is guilty of a Class 1 misdemeanor. Each violation is a separate offense.

Source: SL 1973, ch 250, §§ 19, 20; SL 1977, ch 190, § 145; SL 1999, ch 192, § 6; SL 2007, ch 207, § 3; SL 2025, ch 149, § 4.
S.D. Codified Laws § 36-4-10 — SD Code / Title 36 / Chapter 4 / Section 36-4-10
Practitioners and officers exempt from chapter--Application to previously licensed physicians
Status: in_force

The provisions of this chapter do not apply to commissioned physicians or surgeons of the United States Army, Navy, Air Force, or Marine Hospital Service or of the United States Veterans' Administration, or the United States Public Health Service in the actual performance of their duties nor to dentists in the legitimate practice of their profession, nor to Christian Scientists as such who do not practice medicine, surgery, or obstetrics by the use of any material, remedies, or agencies. Medical and osteopathic physicians, legally licensed in this state on July 1, 1949, need not pass the examination referred to in this chapter. However, osteopathic physicians licensed prior to July 1, 1949, may not perform major operations.

Source: SDC 1939, § 27.0311; SL 1949, ch 106, § 3; SDC Supp 1960, § 27.0303; SL 1985, ch 297, § 5.
S.D. Codified Laws § 36-9C-36 — SD Code / Title 36 / Chapter 9C / Section 36-9C-36
Consultation with physician or facility
Status: in_force

A certified professional midwife shall consult with the client's selected physician or facility whenever there is a significant deviation during the client's pregnancy or birth, or with the newborn.

Source: SL 2017, ch 172, § 38.
S.D. Codified Laws § 36-21A-47 — SD Code / Title 36 / Chapter 21A / Section 36-21A-47
Restricted broker's license--Issuance--Termination and prosecution--Promulgation of rules
Status: in_force

The commission may promulgate rules pursuant to chapter 1-26 to provide for the issuance of a restricted broker's license to auctioneers, property managers, mortgage brokers, or time-share or residential-rental agents. The licensee may perform only those duties specified by the license. If the licensee exceeds the authority granted, the license may be terminated and criminal proceedings brought against the licensee.

Source: SL 1992, ch 273, § 47; SL 2013, ch 177, § 18; SL 2020, ch 162, § 3; SL 2023, ch 138, § 3.
S.D. Codified Laws § 36-16-13.3 — SD Code / Title 36 / Chapter 16 / Section 36-16-13.3
Inactive license--Performance of job requiring license prohibited--Exemption--Change of inactive license
Status: in_force

The State Electrical Commission may issue an inactive Class B electrician license, inactive electrical contractor license, an inactive 501(d) electrician license, and an inactive journeyman electrician license. No person holding an inactive license may perform any job requiring a Class B electrician or electrical contractor's license. The person holding any inactive license is exempt from the requirements of § 36-16-20 . The commission may promulgate rules to determine the requirements a person holding an inactive license shall meet if the person applies to change his inactive license to a license allowing him to perform work for which a license is required.

Source: SL 1987, ch 279, § 1; SL 1991, ch 308, § 2; SL 2009, ch 183, § 3.
S.D. Codified Laws § 36-29-8 — SD Code / Title 36 / Chapter 29 / Section 36-29-8
Athletic training council--Appointment--Terms--Meetings--Duties--Board communication
Status: in_force

The board shall appoint an athletic training council composed of three athletic trainers who are residents of this state and who are licensed to practice athletic training in accordance with this chapter. 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 athletic trainers;

(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 athletic trainers with the council.

Source: SL 1984, ch 255, § 8; SL 2005, ch 199, § 68; SL 2005, ch 204, § 2; SL 2020, ch 167, § 7; SL 2024, ch 152, § 12; SL 2024, ch 162, § 6.
S.D. Codified Laws § 36-7-3 — SD Code / Title 36 / Chapter 7 / Section 36-7-3
Composition of Board of Examiners--Qualifications of members--Terms of office
Status: in_force

The Governor shall appoint five members to the board. Four members must be optometrists in active practice in this state for at least five years preceding the appointment. One member must be a representative of the public who is a resident of this state and who is not associated with, or financially interested in, the practice or business of optometry. The term of each member is three years commencing on July first. The Governor shall, by appointment, fill any vacancy. No member may serve more than three consecutive, full terms. The appointment of a person to an unexpired term is not considered a full term.

Source: SDC 1939, § 27.0702; revised pursuant to SL 1973, ch 2, § 58; SL 1986, ch 306, § 13; SL 1989, ch 323; SL 1994, ch 296, § 3; SL 2005, ch 199, § 18; SL 2022, ch 147, § 2.
S.D. Codified Laws § 36-13-21 — SD Code / Title 36 / Chapter 13 / Section 36-13-21
Fee for certificate of registration--Duration and renewal--Contents of application for renewal
Status: in_force

A certificate of registration shall be issued upon the payment of a fee set by the board by rules promulgated pursuant to chapter 1-26 . The fee for a certificate of registration may not exceed the following: for counties with a population of ten thousand or less, five hundred dollars; for counties with a population over ten thousand to fifteen thousand, inclusive, seven hundred dollars; for counties with a population over fifteen thousand, one thousand dollars. The certificate is valid for a period of one year. The certificate may be renewed by the board upon application within thirty days prior to the expiration of the certificate and upon payment of the amount to the secretary-treasurer of the board. The renewal application shall be accompanied by an affidavit and any other evidence deemed necessary by the board showing that the applicant has been continuously and actively engaged in the business of making and compiling abstracts of title during the life of the preceding certificate.

Source: SDC 1939, § 1.0106; SL 1970, ch 213; SL 1976, ch 233; SL 1980, ch 257, § 2; SL 1986, ch 302, § 42; SL 2008, ch 195, § 26.
S.D. Codified Laws § 36-15-51.3 — SD Code / Title 36 / Chapter 15 / Section 36-15-51.3
Sharing of work stations, other space permitted--Conditions--Equipment--Additional space not required--Responsibility for violation
Status: in_force

A person who operates a licensed salon may allow more than one licensed cosmetologist, licensed esthetician, or licensed nail technician to share a work station or other space within the salon, provided that:

(1) Each individual maintains the minimum equipment and sanitary requirements set forth by the commission;

(2) The individuals sharing the work station or space do not provide services at the work station or in the shared space at the same time; and

(3) If the individuals share a work station or other space within a booth, each individual possesses a booth license for the respective services that the individual will provide.

Nothing in this section prohibits individuals sharing a work station or other space within a salon from sharing equipment, provided that the equipment meets the minimum standards set forth by the commission.

If individuals are sharing a work station or other space within a salon in accordance with this section, the commission may not require additional working space other than that required for a single licensee.

If the commission finds, upon inspection, a violation of any provision of this chapter or rules promulgated thereunder, and the commission cannot determine which individual sharing the work station or other space committed the violation, the person operating the licensed salon is responsible for the violation.

Source: SL 2025, ch 157, § 1, eff. Mar. 17, 2025.
S.D. Codified Laws § 36-4-1.1 — SD Code / Title 36 / Chapter 4 / Section 36-4-1.1
Member presence and participation--Physician matters
Status: in_force

Notwithstanding any other provision of this chapter, only the nine physician members and the representative of the public referenced in § 36-4-1 may:

(1) Participate in discussion on matters related to the licensure, practice, education, continuing education, investigation, and discipline of physicians;

(2) Be present for discussion of confidential matters and have access to confidential materials related to the licensure, practice, education, continuing education, investigation, and discipline of physicians; and

(3) Act on matters related to the licensure, practice, education, continuing education, investigation, and discipline of physicians.

Source: SL 2024, ch 152, § 3.
S.D. Codified Laws § 36-4-39.1 — SD Code / Title 36 / Chapter 4 / Section 36-4-39.1
Physician licensed in other state--License not required for training--Direct supervision required--Registration--Fee
Status: in_force

A physician who holds an unrestricted license to practice medicine or osteopathy in another state is not required to obtain a license from the State Board of Medical and Osteopathic Examiners to receive training, for a period of ninety days or less, at a facility in this state under the direct supervision of a physician licensed in good standing in accordance with this chapter. Before training at the facility, the nonresident physician shall:

(1) Register with the board, on a form prescribed by the board, indicating the:

(a) Physician who shall directly supervise the nonresident physician;

(b) Purpose of the training; and

(c) Length of time anticipated for the training;

(2) Provide evidence to the board that the nonresident physician possesses malpractice insurance; and

(3) Pay to the board a fifty-dollar fee.

For the purposes of this section, "direct supervision" means that the supervising physician is physically present and readily available in the same facility as the nonresident physician.

Source: SL 2025, ch 148, § 1.
S.D. Codified Laws § 36-9C-28 — SD Code / Title 36 / Chapter 9C / Section 36-9C-28
Violation by single act
Status: in_force

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

Source: SL 2017, ch 172, § 28.
S.D. Codified Laws § 36-2-16.1 — SD Code / Title 36 / Chapter 2 / Section 36-2-16.1
Medical record--Definitions
Status: in_force

Terms used in this §§ 36-2-16.1 to 36-2-17 , inclusive, mean:

(1) “Electronic health information,” an electronic record of information about a patient’s health, which is:

(a) Created, gathered, consulted, and managed by the patient’s health care provider; and

(b) Made available to the patient through a patient portal;

(2) “Health care provider,” any licensed health care facility or any person licensed, certified, or otherwise authorized or permitted by law to provide health care;

(3) “Medical record,” information, in any form or medium, that pertains to a patient’s health care, including the patient's medical history, diagnosis, prognosis, medical condition or billing, and is maintained by a health care provider for purposes of caring for the patient’s health, provided the term does not include any information subject to the provisions of § 62-7-8 ;

(4) “Medical records company,” an entity that stores, locates, or copies medical records for a health care provider;

(5) “Patient,” any of the following:

(a) An individual who receives or has received health care from a health care provider;

(b) Any person authorized to make health care decisions for an individual referenced in subsection (a), pursuant to chapter 29A-5 or 34-12C , or §§ 59-7-2.1 and 59-7-2.4 ; or

(c) If the individual referenced in subsection (a) is a minor, the minor’s parent, unless the minor lawfully obtained the health care documented in the applicable medical record without the consent or notification of the parent; and

(6) “Patient Portal,” a secure online website that:

(a) Is owned and operated by a health care provider; and

(b) Gives a patient access to the patient’s electronic health information from anywhere, using an internet connection.

Source: SL 2023, ch 134, § 1.
S.D. Codified Laws § 36-21A-30 — SD Code / Title 36 / Chapter 21A / Section 36-21A-30
Reputation, age, competence, and citizenship required for license--Prior rejection or revocation of license
Status: in_force

A license shall be granted only to persons of reputable character who have attained the age of eighteen years; who are competent to transact the business of a licensee in a manner as to safeguard the interest of the public; and whose application for a license has not been rejected, except for the reason that the applicant failed any examination required by this chapter, in this or any other state within one year prior to the date of application; or whose license has not been revoked in this or any other state within five years prior to date of application. No one except a citizen of the United States of America, or resident of South Dakota, is eligible to secure a license as a broker, except as otherwise provided by this chapter.

Source: SL 1992, ch 273, § 30.
S.D. Codified Laws § 36-24-29.1 — SD Code / Title 36 / Chapter 24 / Section 36-24-29.1
Failure to renew--Reinstatement--New license--Promulgation of rule
Status: in_force

The board may reinstate the license of a person who fails to renew the license by the end of the thirty-day grace period if:

(1) The person submits an application for reinstatement to the board within twenty-four months after the expiration date of the license;

(2) The person meets the requirements established by the board as conditions for license renewal; and

(3) The person pays to the board a reinstatement fee that equals the renewal fee in effect on the last regular renewal date immediately preceding the date of reinstatement, plus any late fee, not to exceed one hundred dollars, set by the board by rule promulgated pursuant to chapter 1-26 .

The board may not reinstate the license of a person who fails to renew the license within twenty-four months from the expiration date. The person may apply for and obtain a new license in accordance with the requirements of this chapter.

Source: SL 1997, ch 221, § 38; SL 2008, ch 191, § 52; SL 2024, ch 159, § 19.
S.D. Codified Laws § 36-21A-88 — SD Code / Title 36 / Chapter 21A / Section 36-21A-88
Action for compensation of unlicensed persons prohibited
Status: in_force

No action or suit may be instituted, nor recovery be had, in any court of this state by a person for compensation for an act done or service rendered, the doing or rendering of which is prohibited under the provisions of this chapter, to other than persons licensed under this chapter, unless such person was licensed under this chapter at the time of offering to perform the act or service or procuring a promise to contract for the payment of compensation for the contemplated act or service.

Source: SL 1992, ch 273, § 88; SL 1996, ch 236, § 8.
S.D. Codified Laws § 36-12-3 — SD Code / Title 36 / Chapter 12 / Section 36-12-3
Board of examiners appointed--Qualifications of members--Terms of office
Status: in_force

The Governor shall appoint a State Board of Veterinary Medical Examiners which shall include three veterinarians. Each veterinarian shall be a graduate from a college authorized by law to confer degrees of veterinary medicine with educational standards equal to those approved by the American Veterinary Medical Association, and each veterinarian shall be licensed and registered under this chapter and actively engaged in the practice of veterinary medicine in the state for a period of five years preceding the appointment. Appointments shall be made for the term of three years. No member of this board may serve more than three full terms. The appointment of a person to an unexpired term is not considered a full term.

Source: SL 1961, ch 201, § 1; revised pursuant to SL 1973, ch 2, § 58; SL 2005, ch 199, § 36.
S.D. Codified Laws § 36-7-1.3 — SD Code / Title 36 / Chapter 7 / Section 36-7-1.3
Definition--Board
Status: in_force

As used in this chapter, the term, board, means the South Dakota Board of Examiners in Optometry.

Source: SL 2022, ch 147, § 1.
S.D. Codified Laws § 36-38-17 — SD Code / Title 36 / Chapter 38 / Section 36-38-17
Reinstatement of license
Status: in_force

Upon written application establishing compliance with existing licensing requirements and for reasons the board deems sufficient, the board, for good cause by majority vote, may reinstate or reissue a license that has been canceled, suspended, or revoked. However, upon suspension of a license, the board in the order may provide for automatic reinstatement after a fixed period of time as provided in the order.

Source: SL 2016, ch 199, § 17.
S.D. Codified Laws § 36-6A-40 — SD Code / Title 36 / Chapter 6A / Section 36-6A-40
License required to practice dental hygiene--Supervision of preventive and therapeutic services
Status: in_force

Only a dental hygienist licensed to practice pursuant to this chapter may practice dental hygiene unless otherwise stated in this chapter. A dental hygienist may perform those services which are diagnostic, therapeutic, or preventive in nature and are authorized by the board and any educational services provided pursuant to those authorized services. Such services may not include the establishment of a final diagnosis or treatment plan for a dental patient. The services shall be performed under the supervision of a dentist.

A dental hygienist may perform preventive and therapeutic services under general supervision if all individuals treated are patients of record and all care rendered by the dental hygienist is completed under the definition of patient of record. A dental hygienist may perform preventive and therapeutic services under collaborative supervision if the requirements of § 36-6A-40.1 are met. However, no dental hygienist may perform preventive and therapeutic services under collaborative supervision for more than thirteen months for any person who has not had a complete evaluation or an oral health review by a dentist.

Source: SDC 1939, § 27.0608; SL 1943, ch 102; SL 1949, ch 107; SL 1965, ch 120; SL 1971, ch 213, § 34; SL 1992, ch 269, § 51; SL 2011, ch 178, § 3; SL 2014, ch 179, § 1; SL 2015, ch 199, § 43; SL 2016, ch 193, § 2.
S.D. Codified Laws § 36-32-95 — SD Code / Title 36 / Chapter 32 / Section 36-32-95
Background check--Compact participants--Costs
Status: in_force

The board shall implement procedures for the completion of a state and federal fingerprint-based criminal background check for a licensee seeking to participate in the counseling licensure compact adopted by § 36-32A-2 . The licensee must pay any fee for the cost of fingerprinting or conducting the background check.

Source: SL 2024, ch 164, § 5.
S.D. Codified Laws § 36-21A-107 — SD Code / Title 36 / Chapter 21A / Section 36-21A-107
Burden of proof as to fraud or conversion--Presumption when original action was contested by debtor
Status: in_force

If an applicant's judgment is by default, stipulation or consent, or if the action against the licensee was defended by a trustee in bankruptcy, the applicant has the burden of proving his cause of action for fraudulent, deceptive or dishonest practices or conversion of trust funds. Otherwise, the judgment creates a rebuttable presumption of the alleged fraudulent, deceptive or dishonest practices or alleged conversion of trust funds.

Source: SL 1992, ch 273, § 107.
S.D. Codified Laws § 36-21D-5 — SD Code / Title 36 / Chapter 21D / Section 36-21D-5
Promulgation of rules regarding fees
Status: in_force

The secretary of the Department of Labor and Regulation may promulgate rules pursuant to chapter 1-26 to establish fees for registration of appraisal management companies as follows:

(1) Application fees not to exceed one thousand dollars;

(2) Renewal fees not to exceed one thousand dollars; and

(3) An additional late renewal fee not to exceed six hundred dollars.

Source: SL 2011, ch 184, § 5.
S.D. Codified Laws § 36-4C-10 — SD Code / Title 36 / Chapter 4C / Section 36-4C-10
Qualification for license
Status: in_force

The board shall grant a license to any applicant who, through written evidence, verified by oath, demonstrates:

(1) That he has been performing respiratory care services in the State of South Dakota prior to November 1, 1993; or

(2) That he is actively certified or registered by the National Board for Respiratory Care or its successor; or

(3) That he is currently licensed as a respiratory care practitioner or equivalent in any other state, District of Columbia or territory of the United States which requires standards for licensure considered by the board to be at least equivalent to the requirements for licensure in this chapter.

Source: SL 1993, ch 273, § 10.
S.D. Codified Laws § 36-4-4 — SD Code / Title 36 / Chapter 4 / Section 36-4-4
Meetings of board--Communication with appointed councils
Status: in_force

The Board of Examiners shall hold two regular meetings each year at a time to be fixed by the board. The Board of Examiners may hold special meetings at such other times as necessary. All meetings must be held at the place within the state as the board shall determine.

The Board of Examiners may act on matters without receiving prior communication or recommendations from any of its appointed professional councils if the board determines that action is necessary to protect public health, interest, or safety.

Source: SL 1949, ch 106, § 1; SDC Supp 1960, § 27.0301; SL 1969, ch 105, § 1; SL 2024, ch 152, § 2.
S.D. Codified Laws § 36-21A-7 — SD Code / Title 36 / Chapter 21A / Section 36-21A-7
Moral turpitude defined
Status: in_force

For the purposes of this chapter, moral turpitude is any act done contrary to honesty and good morals. It is also an act of baseness, vileness or depravity in the private and social duties which man owes to his fellowman or to society in general.

Source: SL 1992, ch 273, § 7.
S.D. Codified Laws § 36-20B-31 — SD Code / Title 36 / Chapter 20B / Section 36-20B-31
Peer review of certificate holder performing compilation services
Status: in_force

Any certificate holder who performs compilation services for the public other than through a CPA firm shall undergo, no more frequently than once every three years, as a condition for renewal of a certificate, a peer review conducted in such manner as the board shall specify by rule, promulgated pursuant to chapter 1-26 . The review shall include verification that the certificate holder has met the competency requirements set out in professional standards for such services.

Source: SL 2002, ch 179, § 32.
S.D. Codified Laws § 36-9-51.3 — SD Code / Title 36 / Chapter 9 / Section 36-9-51.3
Majority of board required to suspend, revoke, or reissue license
Status: in_force

Any decision of the board to suspend, revoke, or reissue a license requires a majority vote of the board.

Source: SL 1976, ch 228, § 41; SL 1979, ch 255, § 49; SL 1986, ch 307, § 31; SL 2016, ch 194, § 34.
S.D. Codified Laws § 36-4B-19 — SD Code / Title 36 / Chapter 4B / Section 36-4B-19
Functions delegated to other professions not authorized for advanced life support personnel
Status: in_force

Nothing in this chapter shall authorize advanced life support personnel to perform those specific functions and duties delegated by law to those persons licensed as chiropractors under chapter 36-5 , optometrists under chapter 36-7 , podiatrists under chapter 36-8 or pharmacists under chapter 36-11 .

Source: SL 1978, ch 269, § 19.
S.D. Codified Laws § 36-9C-30 — SD Code / Title 36 / Chapter 9C / Section 36-9C-30
Temporary injunction
Status: in_force

Upon the filing of a verified complaint, the court, if satisfied by affidavit or otherwise, that the person is or has been engaging in unlawful or dangerous practice as described in § 36-9C-29 , may issue a temporary injunction, without notice or bond, enjoining that person from further practice as a certified professional midwife.

Source: SL 2017, ch 172, § 30.
S.D. Codified Laws § 36-14-19 — SD Code / Title 36 / Chapter 14 / Section 36-14-19
Time, place, and scope of examinations--Issuance of certificates--Employment pending examination
Status: in_force

The Board of Barber Examiners shall conduct examinations not less than two times each year at such time and place as the board may determine. The examinations shall include both a practical demonstration and a written test, which shall embrace the subjects taught in schools of barbering approved by the board. If the provisions of this chapter have been complied with, the board shall issue the proper certificate of registration to the applicant. However, the board may permit a student to be employed at the barber profession from the time the student has completed schooling until the next examination.

Source: SDC 1939, § 27.1612; SL 1976, ch 229, § 2; SL 1995, ch 220, § 2.
S.D. Codified Laws § 36-15-58.5 — SD Code / Title 36 / Chapter 15 / Section 36-15-58.5
Reinstatement of suspended or revoked license--Procedure--Conditions
Status: in_force

By majority vote, the commission may reinstate or reissue a suspended or revoked license upon:

(1) Written application establishing compliance with existing licensing requirements; or

(2) Testimony by witnesses.

The commission may impose conditions for the reinstatement of a license. One of the conditions may provide for an automatic reinstatement of the license after a fixed period of time.

Source: SDC 1939, § 27.1511; SL 1943, ch 106, § 3; SL 1957, ch 118, § 1; SDCL, § 36-15-58 ; SL 1972, ch 206, § 51; SL 2003, ch 202, § 64.
S.D. Codified Laws § 36-11A-31 — SD Code / Title 36 / Chapter 11A / Section 36-11A-31
Bond or other security required--Purpose--Exemption--License required for each facility
Status: in_force

The board shall require every wholesale distributor applying for a license to submit a bond of at least one hundred thousand dollars, or other equivalent means of security acceptable to the board, such as an irrevocable letter of credit or a deposit in a trust account or financial institution, payable to a fund established by the board. The board shall establish a fund, separate from its other accounts, in which to deposit the wholesale distributor bonds. Any chain pharmacy warehouse that is not engaged in wholesale distribution is exempt from the bond requirement. The purpose of the bond is to secure payment of any fines or penalties imposed by the board and any fees and costs incurred by the board regarding that license, which are authorized pursuant to statute and which the licensee fails to pay thirty days after the fines, penalties, or costs become final. The board may make a claim against such bond or security until one year after the licensee's license ceases to be valid. A single bond may suffice to cover all facilities operated by the applicant in the state.

If a wholesale distributor distributes prescription drugs from more than one facility, the wholesale distributor shall obtain a license for each facility.

Source: SL 2007, ch 215, § 13.
S.D. Codified Laws § 36-5-11 — SD Code / Title 36 / Chapter 5 / Section 36-5-11
Application for license--Fee
Status: in_force

Any applicant for a license pursuant to this chapter shall apply on a form prescribed by the board and pay the fee for the license required pursuant to this chapter. The fee for the license shall be set by rule, promulgated by the board pursuant to chapter 1-26 , and may not exceed three hundred dollars. The applicant shall also satisfy all other qualifications required pursuant to this chapter.

Source: SDC 1939, § 27.0507; SL 1939, ch 101, § 3; SDC Supp 1960, § 27.0503; SL 1975, ch 232, § 7; SL 1981, ch 274, § 1; SL 1986, ch 302, § 51; SL 2002, ch 177, § 1; SL 2008, ch 191, § 9; SL 2021, ch 173, § 14.
S.D. Codified Laws § 36-25-3 — SD Code / Title 36 / Chapter 25 / Section 36-25-3
Terms of commission members
Status: in_force

Members of the State Plumbing Commission shall be appointed for terms of three years. The Governor may stagger the terms to enable the commission to have different terms expire each year. Any member appointed to the commission prior to July 1, 2005, shall serve the four-year term to which the member was originally appointed. Any member appointed to the commission after July 1, 2005, shall serve a three-year term. No member may serve more than three consecutive full terms. However, appointment to fill an unexpired term is not considered a complete term for this purpose.

Source: SL 1970, ch 222, § 2(1); SL 1980, ch 376, §§ 17, 18; SL 2005, ch 199, § 59.
S.D. Codified Laws § 36-10-35.7 — SD Code / Title 36 / Chapter 10 / Section 36-10-35.7
Approved tasks for physical therapist assistant--Exclusions
Status: in_force

A physical therapist assistant may perform, under the direction and supervision of a physical therapist, selected physical therapy procedures and related tasks. The following physical therapy services, however, shall only be performed by a physical therapist:

(1) Interpretation of referrals;

(2) Initial evaluation, including problem identification;

(3) Development of a plan of care which is based on the initial evaluation and which includes the physical therapy treatment goals;

(4) Interpretation of tests and measurements;

(5) Joint assessment and mobilization;

(6) Determination of the appropriate portions of the program to be delegated;

(7) Delegation and instruction of the services to be rendered by the physical therapist assistant including specific treatment program, precautions, special problems, or contraindicated procedures;

(8) Timely review of treatment documentation and reevaluation of the patient, treatment goals, and revision of the plan of care when indicated;

(9) Development of a patient's home program and discharge evaluation, and termination of care, or both; and

(10) Accountability for documentation of physical therapy treatment and dissemination of written and oral reports.

Source: SL 1996, ch 231, § 10.
S.D. Codified Laws § 36-25-4 — SD Code / Title 36 / Chapter 25 / Section 36-25-4
Oath of office of commission members--Tenure
Status: in_force

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

Source: SL 1970, ch 222, § 2 (1).
S.D. Codified Laws § 36-34-1 — SD Code / Title 36 / Chapter 34 / Section 36-34-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Board," the South Dakota Board of Addiction and Prevention Professionals; and

(2) "Practitioner," a person certified, licensed, or recognized under this chapter in the practice of addiction counseling or prevention services, who holds oneself out to the public by any title or description of services using the following words or any derivatives thereof:

(a) Certified addiction counselor;

(b) Licensed addiction counselor;

(c) Addiction counselor trainee;

(d) Addiction counselor supervisee;

(e) Certified prevention specialist;

(f) Prevention specialist trainee;

(g) Prevention specialist supervisee;

(h) Peer support specialist;

(i) Peer support specialist trainee; or

(j) Peer support specialist supervisee.

Source: SL 2004, ch 253, § 1; SL 2013, ch 183, § 1; SL 2026, ch 163, § 1.
S.D. Codified Laws § 36-15-44 — SD Code / Title 36 / Chapter 15 / Section 36-15-44
Maximum number of apprentices in salon
Status: in_force

An apprentice salon may have up to eight apprentices not to exceed two apprentices per instructor.

Source: SDC 1939, § 27.1507 (5) as enacted by SL 1957, ch 118, § 1; SL 2003, ch 202, § 50; SL 2018, ch 234, § 1; SL 2021, ch 176, § 3; SL 2024, ch 157, § 4.
S.D. Codified Laws § 36-34-13.7 — SD Code / Title 36 / Chapter 34 / Section 36-34-13.7
Inactive certificate or license--Reactivation--Expiration--Retired status
Status: in_force

The board may place a certificate or license on inactive status at the request of a practitioner and upon payment of a fee prescribed by the board. An inactive certificate or license expires four years after the date of issuance. The board may reactivate the certificate or license if the practitioner:

(1) Pays the required renewal fee; and

(2) Provides proof to the board of having completed at least forty hours of continuing education during the two-year period immediately preceding the reactivation request.

If the practitioner does not reactivate the certificate or license before the date of expiration, all provisions applicable to an applicant for certification or licensure apply in order to restore the certificate or license to active status.

Any certificate or license on retired status as of July 1, 2023, expires on November 30, 2025, unless the practitioner meets the requirements for reactivation before November 30, 2025.

Source: SL 2023, ch 140, § 5.
S.D. Codified Laws § 36-21A-110 — SD Code / Title 36 / Chapter 21A / Section 36-21A-110
Payment from recovery fund ordered only on valid cause of action--Prior judgment only prima facie evidence
Status: in_force

If the court proceeds upon an application, it shall order payment out of the real estate recovery fund only upon a determination that the applicant has a valid cause of action, and has complied with the provisions of §§ 36-21A-101 to 36-21A-115 , inclusive. The judgment shall be only prima facie evidence of such cause of action and is not conclusive.

Source: SL 1992, ch 273, § 110.
S.D. Codified Laws § 36-38-8 — SD Code / Title 36 / Chapter 38 / Section 36-38-8
Application fee
Status: in_force

The application fee for a license to practice applied behavior analysis shall be set by the board in rules promulgated pursuant to chapter 1-26 . The fee may not exceed three hundred dollars. The applicant shall pay fees for the cost of certification directly to the Behavior Analyst Certification Board, Inc. No fee assessed on a licensed social worker may be increased to support the licensure of a behavior analyst as required under this chapter.

Source: SL 2016, ch 199, § 8.
S.D. Codified Laws § 36-2-5 — SD Code / Title 36 / Chapter 2 / Section 36-2-5
Persons holding academic degrees exempt
Status: in_force

Nothing contained in this chapter shall be construed to prevent a person holding the doctorate degree in philosophy, education, dentistry, optometry, podiatry, veterinary science, psychology, or any academic field, from appending to his name the word "doctor" or any contraction thereof, when such degree has been bestowed by a reputable institution.

Source: SL 1953, ch 130, § 3; SDC Supp 1960, § 27.0319 (1).
S.D. Codified Laws § 36-15-20 — SD Code / Title 36 / Chapter 15 / Section 36-15-20
Fees--Maximums--No proration
Status: in_force

The following fees may not exceed the amounts specified below:

(1) Examination and initial license fee, one hundred twenty-five dollars;

(2) Examination retake fee, ninety dollars per examination;

(3) Cosmetologist, nail technician, or esthetician license renewal fee, fifty dollars;

(4) Temporary cosmetologist, nail technician, or esthetician license fee, six dollars;

(5) Instructor initial license fee and license renewal fee, fifty dollars;

(6) Reciprocity, initial license, and waiver of examination fee, one hundred twenty-five dollars;

(7) Fee for a certification of a license issued under this chapter for a South Dakota licensee to obtain licensure in another state, or furnishing of other papers to another state or school, forty dollars;

(8) Apprentice license fee, thirty dollars;

(9) Apprentice salon initial license and renewal fee, three hundred dollars;

(10) School initial license fee and renewal fee, three hundred fifty dollars;

(11) Student license fee, fifteen dollars;

(12) Salon or booth initial permit license fee, eighty dollars;

(13) Salon or booth license renewal fee, sixty dollars;

(14) Reinspection fee for failed salon, seventy-five dollars for each reinspection;

(15) License duplicate or replacement fee, fifteen dollars; and

(16) Fee for the inspection of a prospective salon or booth at the request of the prospective applicant, seventy-five dollars per inspection.

Any license, permit, or renewal fee collected by the commission is the same for each respective license, permit, or renewal, regardless of the time remaining before the expiration date.

Source: SDC 1939, § 27.1510 as enacted by SL 1957, ch 118, § 1; SL 1972, ch 206, § 21; SL 1986, ch 302, § 4; SL 1997, ch 218, § 8; SL 2001, ch 206, § 1; SL 2003, ch 202, § 29; SL 2007, ch 218, § 1; SL 2025, ch 156, § 2.
S.D. Codified Laws § 36-14-28 — SD Code / Title 36 / Chapter 14 / Section 36-14-28
Inspection before issuance of shop license--Fee
Status: in_force

No shop license may be issued to any person for any new shop wanting to commence operation, or for any shop changing hands, or changing location, until the shop has passed an inspection of the premises and equipment. The inspection shall be made by the Board of Barber Examiners pursuant to the rules promulgated by the board pursuant to chapter 1-26 . The fee for the original inspection may not exceed one hundred twenty-five dollars, as established by the board by rule promulgated pursuant to chapter 1-26 , and shall be submitted along with the application for license and license fee.

Source: SDC 1939, § 27.1607 as added by SL 1961, ch 132; SL 1976, ch 229, § 4; SL 1986, ch 302, § 20; SL 1995, ch 220, § 3; SL 2007, ch 216, § 3; SL 2008, ch 191, § 33.
S.D. Codified Laws § 36-31-12 — SD Code / Title 36 / Chapter 31 / Section 36-31-12
Fees
Status: in_force

The board shall prescribe and promulgate the following fees by rule pursuant to chapter 1-26 :

(1) Initial license fee;

(2) Renewal of license fee;

(3) Late renewal fee; and

(4) Limited permit fee.

These fees shall be sufficient to cover the activities and responsibilities of the board but may not exceed the sum of fifty dollars.

Source: SL 1986, ch 323, § 12; SL 2008, ch 191, § 70.
S.D. Codified Laws § 36-21A-124 — SD Code / Title 36 / Chapter 21A / Section 36-21A-124
Employment status--Independent contractor
Status: in_force

For purposes of determining employment status, any broker, broker associate, and salesperson who is a natural person and licensed under this chapter is engaged in an independently established profession. Any such licensee is an independent contractor if:

(1) The licensed broker with whom the licensee is affiliated does not specify by other than general policy the time, method, and location of the licensee's services; and

(2) The licensed broker with whom the licensee is affiliated compensates the licensee on the basis of work performed without withholding and remitting federal income and social security taxes; and

(3) The licensed broker with whom the licensee is affiliated provides only incidental supplies, equipment, and facilities, while the licensee assumes responsibility for vehicular, educational, and other significant professionally related expenses; and

(4) Either party to the relationship may terminate it at will and without liability.

Source: SL 1995, ch 222.
S.D. Codified Laws § 36-21A-137 — SD Code / Title 36 / Chapter 21A / Section 36-21A-137
Buyer's or tenant's agent not to disclose certain information without written authority--Exceptions
Status: in_force

Without the express written authority of the buyer or tenant, no licensee acting as a buyer's or tenant'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 licensee acting as a buyer's or tenant's agent for making any required or permitted disclosure.

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

Source: SL 1998, ch 229, § 14.
S.D. Codified Laws § 36-13-13 — SD Code / Title 36 / Chapter 13 / Section 36-13-13
Separate applications and examinations for different counties
Status: in_force

The board may require separate applications and examinations and fees for any abstracter who applies for registration in more than one county. A certificate of registration shall qualify the holder for abstracting only in the county to which it relates.

Source: SDC 1939, § 1.0105; SL 1985, ch 15, § 47; SL 2008, ch 195, § 18.
S.D. Codified Laws § 36-4C-18 — SD Code / Title 36 / Chapter 4C / Section 36-4C-18
Procedures for revocation, suspension or cancellation of license
Status: in_force

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

Source: SL 1993, ch 273, § 18.
S.D. Codified Laws § 36-4A-8.3 — SD Code / Title 36 / Chapter 4A / Section 36-4A-8.3
Licensure by endorsement--Temporary license
Status: in_force

Upon application and payment of the fee established by the board in accordance with § 36-4A-34 , the board may issue a license to practice, as a physician assistant, to an individual licensed under the laws of another state or territory, if the requirements for licensure of that other state or territory meet the requirements of this state and if the individual is not otherwise disqualified under § 36-4A-8 .

Upon application and payment of the fee established by the board in accordance with § 36-4A-34 , the board may issue a temporary license to an individual awaiting licensure under this section. A temporary license issued under this section must state the period during which the license is effective. The period may not exceed one hundred twenty days, except in the case of a natural disaster or gubernatorially declared emergency.

Source: SL 2025, ch 149, § 9.
S.D. Codified Laws § 36-13-10 — SD Code / Title 36 / Chapter 13 / Section 36-13-10
Title plant required to engage in business
Status: in_force

Any person engaging in or continuing the business of abstracting of titles to property within the state shall have a title plant, which shall include a set of abstract books or set of indexes or other records showing in a sufficiently comprehensive form, all instruments affecting the title to real estate which are of record or on file in the office of the register of deeds of each county in which the person seeks to engage in the business of compiling abstracts of land titles. The board shall examine each title plant for compliance with this section. The board shall establish, by rules promulgated pursuant to chapter 1-26 , a fee for plant examinations not to exceed six hundred dollars. The application for a plant examination shall contain such information as the board may require and be upon a form prepared by the board. The board shall notify the applicant of a date and place for the examination of the applicant's plant. If the applicant is not a natural person, one of the members, managers, partners, shareholders, directors, or officers of the applicant must qualify by examination. The board shall issue a certificate of registration or compliance if the requirements of this section have been met.

Source: SDC 1939, § 1.0104; SL 1986, ch 302, § 39; SL 2008, ch 195, § 15.
S.D. Codified Laws § 36-10B-1 — SD Code / Title 36 / Chapter 10B / Section 36-10B-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Accredited college or university," a college or university accredited by the United States regional accrediting agencies recognized by the Council on Postsecondary Accreditation and the United States Department of Education;

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

(3) "Commission," the Commission on Dietetic Registration that is a member of the National Commission for Certifying Agencies;

(4) "Dietitian," a person who engages in nutrition or dietetics practice and uses the title dietitian pursuant to § 36-10B-2 ;

(5) "Licensed nutritionist," a person licensed under this chapter;

(6) "Nutritionist," a person who engages in nutrition or dietetics practice and uses the title of nutritionist pursuant to § 36-10B-2 ;

(7) "Nutrition care services," any of the following:

(a) Assessment of the nutritional needs of individuals or groups;

(b) Establishment of priorities, goals, and objectives to meet nutritional needs;

(c) Provision of nutrition counseling for both normal and therapeutic needs;

(d) Development, implementation, and management of nutrition care services; or

(e) Evaluation, adjustment, and maintenance of appropriate standards of quality in nutrition care;

(8) "Nutritional assessment," the evaluation of the nutritional needs of individuals or groups based on appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend appropriate nutritional intake; and

(9) "Nutrition counseling," advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status.

Source: SL 1996, ch 240, § 1; SL 2024, ch 152, § 9.
S.D. Codified Laws § 36-35-5 — SD Code / Title 36 / Chapter 35 / Section 36-35-5
Meetings of board
Status: in_force

The board shall hold at least two meetings per year at a place and time set by the board. The board may hold additional meetings at a time and place set by the president or a majority of the board.

Source: SL 2005, ch 206, § 5; SL 2016, ch 197, § 4.
S.D. Codified Laws § 36-11-43 — SD Code / Title 36 / Chapter 11 / Section 36-11-43
Code of professional ethics--Promulgation of rules--Association recommendations considered--Employment rights not regulated--Criminal prosecution
Status: in_force

The board may, in rules promulgated in accordance with chapter 1-26 , adopt a code of professional ethics for pharmacists in this state. The board shall consider the recommendations of the South Dakota Pharmacists Association in adopting the code or changes made thereto. The code may not contain any provision that would in any way restrain, prohibit, or attempt to regulate the rights of any pharmacist employed in a licensed pharmacy. Violation of the code of professional ethics may not be the basis for criminal prosecution unless otherwise declared unlawful.

Source: SL 1967, ch 102, § 7 (h); SL 1972, ch 15, § 4; SL 2025, ch 154, § 27.
S.D. Codified Laws § 36-16-20 — SD Code / Title 36 / Chapter 16 / Section 36-16-20
Undertaking and insurance required of contractor or Class B electrician--Initial and renewal deposit--Disbursement from fund--Waiver
Status: in_force

Before receiving a license as an electrical contractor or as a Class B electrician, an applicant shall execute and deposit with the State Electrical Commission an undertaking in the sum of ten thousand dollars, and a public liability insurance policy in a sum of not less than one hundred thousand dollars per occurrence and three hundred thousand dollars aggregate limit for bodily injury and property damage insurance with limits of not less than twenty - five thousand dollars per occurrence or a combined single limit of three hundred thousand dollars, or security approved by the commission in a sum equal to that amount, conditioned for the faithful performance of all electrical work undertaken by the electrician and the strict compliance with all the provisions of this chapter and the requirements of the commission. The required undertaking and liability insurance shall be in force at all times with certificates of insurance on file in the commission office. No electrical contractor or Class B electrician licensed under the provisions of this chapter need furnish any additional undertaking for municipal license as such contractor or electrician. In the case of a partnership or corporation, the licensed person is exempt from insurance or undertaking requirements if the employer satisfies the requirements. In addition, a deposit shall be made with the commission in the amount of fifty dollars at the time of the execution of the undertaking and biennially at the time of renewal of the applicant's license. Deposits shall be accumulated by the commission in a special fund to be used for the correction or completion of installations which the contractor or Class B electrician refuses or is unable to correct or complete, for uncollectable inspection fees or administrative fees, administrative costs of maintaining the fund and costs of enforcing provisions of this section. Disbursement from the fund may not exceed ten thousand dollars per occurrence. The commission shall waive the deposit at the time of renewal of the license for electricians who have made an initial deposit under this section if at the time of renewal the fund exceeds fifty thousand dollars. The commission may prescribe forms for the undertaking and may promulgate rules in accordance with chapter 1-26 as necessary to carry out the intent of this section.

Source: SL 1963, ch 216, § 10; SL 1964, ch 105, § 1; SL 1978, ch 272, § 4; SL 1986, ch 315, § 9; SL 1987, ch 274, § 1; SL 1991, ch 308, §§ 4, 6; SL 1992, ch 60, § 2.
S.D. Codified Laws § 36-9A-38 — SD Code / Title 36 / Chapter 9A / Section 36-9A-38
Enjoining violations
Status: in_force

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

(1) Is unlawfully practicing as a certified nurse practitioner or certified nurse midwife without a license issued by the board;

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

(3) Is practicing as a certified nurse practitioner or certified nurse midwife beyond the scope of practice authorized by § 36-9A-12 or 36-9A-13 ; or

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

Source: SL 1979, ch 256, § 29; SL 1995, ch 218, § 25; SL 2017, ch 171, § 41.
S.D. Codified Laws § 36-11-46.5 — SD Code / Title 36 / Chapter 11 / Section 36-11-46.5
Liability for dispensing equivalent drug product or interchangeable biological product
Status: in_force

A pharmacist who selects an equivalent drug product or interchangeable biological product pursuant to this chapter assumes no greater liability for selecting the dispensed drug or biological product than would be incurred in filling a prescription for a drug or biological product prescribed by its established, generic, or proper name.

Source: SL 1986, ch 309; SL 2018, ch 231, § 6.
S.D. Codified Laws § 36-20B-68 — SD Code / Title 36 / Chapter 20B / Section 36-20B-68
Licensee of another state who exercises practice privilege and employer consent to board's jurisdiction--Agent for service of process
Status: in_force

Any licensee of another state who exercises the practice privilege provided in § 36-20B-66 or 36-20B-67 and the firm, if any, which employs that licensee hereby simultaneously consents, as a condition of the grant of this privilege, to the personal and subject matter jurisdiction and disciplinary authority of the board, and agrees to comply with this chapter and the board's rules. If the license from the state of the individual's principal place of business is no longer valid, the individual shall cease offering or rendering professional services in this state, both individually and on behalf of a firm. Any licensee who exercises the privilege provided in § 36-20B-66 or 36-20B-67 consents to the appointment of the state board which issued their license as their agent upon whom process may be served in any action or proceeding by this board against the licensee.

Source: SL 2002, ch 179, § 69; SL 2009, ch 185, § 26.
S.D. Codified Laws § 36-21C-8 — SD Code / Title 36 / Chapter 21C / Section 36-21C-8
Issuing of license to persons licensed elsewhere
Status: in_force

Upon payment to the commission of a fee and the submission of a written application provided by the commission, the commission may issue a home inspector license to any person who holds a valid license issued by another state or possession of the United States or the District of Columbia which has standards substantially equivalent to those of this state, as determined by the commission.

Source: SL 2000, ch 194, § 8.
S.D. Codified Laws § 36-26-18.1 — SD Code / Title 36 / Chapter 26 / Section 36-26-18.1
National or multi-state licensing compact
Status: in_force

The board may enter into a national or multi-state licensing compact to provide licensing reciprocity for social workers.

Source: SL 2013, ch 182, § 2.
S.D. Codified Laws § 36-20B-9 — SD Code / Title 36 / Chapter 20B / Section 36-20B-9
Employment of personnel--Appointment of committees--Legal counsel
Status: in_force

The board may employ an executive director and such other personnel as it deems necessary in its administration and enforcement of this chapter. The board may appoint committees or persons to advise or assist it in such administration and enforcement. The board may retain legal counsel to advise and assist it in addition to the advice and assistance provided by the attorney general.

Source: SL 2002, ch 179, § 10.
S.D. Codified Laws § 36-15-1.1 — SD Code / Title 36 / Chapter 15 / Section 36-15-1.1
Natural hair braiding defined
Status: in_force

Natural hair braiding means a form of hair manipulation that results in tension on hair strands by beading, braiding, cornrowing, extending, lacing, locking, twisting, weaving, or wrapping human hair, natural fibers, synthetic fibers, or hair extensions into a variety of shapes, patterns, and textures and maintenance thereof, by hand or with clips, combs, hairpins, or thread.

Natural hair braiding includes the use of topical agents such as conditioners, gels, moisturizers, oils, pomades, and shampoos.

Natural hair braiding does not involve the use of penetrating chemical hair treatments, chemical hair coloring agents, chemical hair straightening agents, chemical hair joining agents, permanent wave styles, or chemical hair bleaching agents applied to growing human hair.

Source: SL 2017, ch 176, § 2.
S.D. Codified Laws § 36-21A-87 — SD Code / Title 36 / Chapter 21A / Section 36-21A-87
Violation of chapter as misdemeanor
Status: in_force

Unless punishable under Title 22, a person violating any of the provisions of this chapter is guilty of a Class 1 misdemeanor.

Source: SL 1992, ch 273, § 87.
S.D. Codified Laws § 36-15-58.4 — SD Code / Title 36 / Chapter 15 / Section 36-15-58.4
Majority vote required to suspend, revoke or cancel license
Status: in_force

The decision of the commission to suspend, revoke or cancel a license requires a majority vote of the commission members.

Source: SL 1972, ch 206, § 50.
S.D. Codified Laws § 36-13-6.1 — SD Code / Title 36 / Chapter 13 / Section 36-13-6.1
Promulgation of rules
Status: in_force

The board may promulgate rules pursuant to chapter 1-26 for the following:

(1) The fee for examinations pursuant to § 36-13-11 ;

(2) The fee for plant examinations pursuant to § 36-13-10 ;

(3) The areas of the law to be included and other requirements for conducting examinations pursuant to § 36-13-12 ;

(4) The fee for a certificate of registration pursuant to § 36-13-21 ;

(5) The schedule of fees for doing business pursuant to § 36-13-25 ;

(6) The requirements and schedule of fees for countersigning title insurance policies pursuant to § 36-13-25 ; and

(7) The requirements to establish and maintain an abstract plant, and the areas of inquiry and requirements to pass the abstracter plant examination pursuant to § 36-13-10 .

Source: SL 1986, ch 302, § 44; SL 2008, ch 195, § 10.
S.D. Codified Laws § 36-11A-36 — SD Code / Title 36 / Chapter 11A / Section 36-11A-36
Delivery of prescription drugs only to licensed premises--Exception
Status: in_force

Prescription drugs furnished by a licensee shall be delivered only to the premises listed on the license. However, the licensee may furnish prescription drugs to an authorized person or agent of that person at the premises of the manufacturer or wholesale distributor if:

(1) The identity and authorization of the recipient is properly established; and

(2) This method of receipt is employed only to meet the immediate needs of a particular patient of the authorized person.

Source: SL 2007, ch 215, § 18; SL 2017, ch 174, § 20.
S.D. Codified Laws § 36-9-30 — SD Code / Title 36 / Chapter 9 / Section 36-9-30
Proof of education required--Registered nurse
Status: in_force

An applicant for a license to practice as a registered nurse shall submit to the board written evidence, verified by oath, that the applicant has completed an approved program for the preparation of registered nurses.

Source: SDC 1939, § 27.0903; SL 1947, ch 123, § 5; SL 1955, ch 91, § 4; SDC Supp 1960, § 27.0904 (1); SL 1967, ch 101, § 4 (1); SL 1975, ch 234, § 1; SL 1976, ch 228, § 18; SL 1979, ch 255, § 19; SL 1981, ch 279, § 1; SL 2020, ch 168, § 5.
S.D. Codified Laws § 36-2-20 — SD Code / Title 36 / Chapter 2 / Section 36-2-20
Assistance in birth if occurs other than in hospital or medical clinic
Status: in_force

Nothing in this title limits the right of any member of the parent's family to assist in the birth of that parent's child if the birth does not occur in a hospital or medical clinic.

Source: SL 1998, ch 222, § 1.
S.D. Codified Laws § 36-12-9 — SD Code / Title 36 / Chapter 12 / Section 36-12-9
Quorum of board
Status: in_force

A quorum of the Board of Veterinary Medical Examiners shall consist of three members and such quorum shall be sufficient to conduct the proceedings of the board set forth in this chapter.

Source: SL 1961, ch 201, § 5; SL 1975, ch 237, § 2.
S.D. Codified Laws § 36-9A-2.1 — SD Code / Title 36 / Chapter 9A / Section 36-9A-2.1
Temporary permit to practice
Status: in_force

Upon application and payment of the required fee the board may issue a temporary permit to practice as a nurse practitioner or nurse midwife to an applicant who is waiting for the results of the first examination the applicant is eligible to take after completion of an approved program. An applicant issued a temporary permit under this section shall initially receive thirty days of supervision by direct personal contact with a licensed physician, certified nurse practitioner, or certified nurse midwife that holds an unencumbered license to practice. Thereafter, and until expiration of the temporary permit, the supervision shall include two, one-half business days per week of supervision by direct personal contact. The permit shall become invalid upon notification to the applicant of the results of the first examination.

Source: SL 1982, ch 274, § 1; SL 1995, ch 218, § 3; SL 2017, ch 171, § 3.
S.D. Codified Laws § 36-2-4 — SD Code / Title 36 / Chapter 2 / Section 36-2-4
Legally qualified persons exempt
Status: in_force

Nothing contained in this chapter shall be construed to apply to any legally qualified person when engaged exclusively in the practice of his profession, as defined by law.

Source: SL 1953, ch 130, § 3; SDC Supp 1960, § 27.0319 (3).
S.D. Codified Laws § 36-9-30.1 — SD Code / Title 36 / Chapter 9 / Section 36-9-30.1
Qualifications of registered nurse anesthetist
Status: in_force

An applicant for licensure as a certified registered nurse anesthetist shall submit to the board written evidence, verified by oath, that the applicant:

(1) Is currently licensed or has a privilege to practice in this state as a registered nurse;

(2) Has completed an approved program for the preparation of registered nurse anesthetists;

(3) Has current certification from a national certifying body recognized by the board; and

(4) Is otherwise qualified under § 36-9-49 .

Source: SL 1979, ch 255, § 20; SL 2016, ch 194, § 17.
S.D. Codified Laws § 36-4-34 — SD Code / Title 36 / Chapter 4 / Section 36-4-34
Injunction to restrain practice for statutory violation, unprofessional conduct, or incompetence--Election of remedies
Status: in_force

If it appears from evidence satisfactory to the Board of Examiners that any person has violated the provisions of this chapter or that any licensee, resident licensee, or certificate holder under this chapter has been guilty of unprofessional or dishonorable conduct or is incompetent, the board may apply for an injunction in any court of competent jurisdiction to restrain the person or licensee, resident licensee, or certificate holder from continuing to practice allopathic or osteopathic medicine, surgery, or obstetrics in any of their branches in this state. Application for an injunction is an alternate to criminal proceedings, and the commencement of one proceeding by the board constitutes an election.

Source: SL 1957, ch 116; SDC Supp 1960, § 27.0311 (15); SDC Supp 1960, § 27.0316A as enacted by SL 1969, ch 105, § 9; revised pursuant to SL 1972, ch 15, § 4; SL 2005, ch 199, § 4; SL 2009, ch 178, § 16; SL 2013, ch 172, § 17.
S.D. Codified Laws § 36-4C-22 — SD Code / Title 36 / Chapter 4C / Section 36-4C-22
Recommendation of prosecution and civil actions
Status: in_force

The board shall recommend prosecutions for violations of this chapter to the appropriate state's attorney and recommend to the attorney general the commencement of civil actions to seek injunctions and other relief for violations of this chapter.

Source: SL 1993, ch 273, § 22.
S.D. Codified Laws § 36-6A-40.1 — SD Code / Title 36 / Chapter 6A / Section 36-6A-40.1
Hygienist preventative and therapeutic services--Collaborative supervision--Requirements
Status: in_force

A dental hygienist may provide preventive and therapeutic services under the collaborative supervision of a dentist if the dental hygienist has met the following requirements:

(1) Possesses a license to practice in the state;

(2) Has a collaborative agreement with a dentist; and

(3) Has satisfactorily demonstrated knowledge of:

(a) Medical and dental emergencies and their management;

(b) Infection control;

(c) Pharmacology;

(d) Disease transmission;

(e) Management of early childhood caries; and

(f) Management of special needs populations.

Source: SL 2011, ch 178, § 1; SL 2015, ch 199, § 44; SL 2024, ch 154, § 1.
S.D. Codified Laws § 36-25-17.3 — SD Code / Title 36 / Chapter 25 / Section 36-25-17.3
License required--Small on-site wastewater system work
Status: in_force

An individual and small on-site wastewater system may only be altered, repaired, constructed, or installed by an individual with an individual and small on-site wastewater system installer license.

Source: SL 2021, ch 181, § 1.
S.D. Codified Laws § 36-2-16.6 — SD Code / Title 36 / Chapter 2 / Section 36-2-16.6
Medical record--Certification fee
Status: in_force

A health care provider or medical records company may charge a fee for providing a signed certification, attesting that the copy of the medical record is an accurate and complete copy of the patient's original medical record on file for the time period specified in the request. The certification fee may not exceed ten dollars.

Source: SL 2023, ch 134, § 6.
S.D. Codified Laws § 36-37-8 — SD Code / Title 36 / Chapter 37 / Section 36-37-8
Board of Examiners for Speech-Language Pathology
Status: in_force

The Governor shall appoint a five-member Board of Examiners for Speech-Language Pathology under the supervision of the Department of Health. The board must consist of:

(1) Four speech-language pathologists who:

(a) Are residents of this state;

(b) Are currently licensed in good standing and practicing speech-language pathology; and

(c) Have at least five years of experience practicing speech-language pathology; and

(2) One representative of the public who is:

(a) A resident of this state; and

(b) Not associated with, or financially interested in, the practice or business of speech-language pathology.

At least one member must be a speech-language pathologist employed in a school setting, and at least one member must be a speech-language pathologist employed in a health care setting.

The board shall annually elect from its members a president and vice-president.

Source: SL 2012, ch 196, § 8; SL 2023, ch 141, § 6.
S.D. Codified Laws § 36-11-67 — SD Code / Title 36 / Chapter 11 / Section 36-11-67
Drug utilization review program--Participants immune from liability--Definition
Status: in_force

A pharmacist or physician licensed under chapter 36-4 who participates in a drug utilization review program is not individually or jointly subject to, and is immune from, claim, suit, liability, damages, or any other recourse, civil or criminal, arising from any act or proceeding, decision, or determination undertaken, performed, or reached in good faith and without malice when acting individually or jointly in carrying out the responsibilities, authority, duties, powers, and privileges of the program conferred upon them under any provisions of law or rule, good faith being presumed until proven otherwise, with malice required to be shown by the complainant.

For the purposes of this section, a "drug utilization review program" is a program operated solely or partially as a professional standards review organization whose purpose is to:

(1) Educate pharmacists and practitioners on:

(a) Severe adverse reactions to drugs;

(b) Therapeutic appropriateness;

(c) Overutilization;

(d) Underutilization;

(e) Appropriate use of generic products;

(f) Therapeutic duplication;

(g) Drug-disease contraindications;

(h) Drug-drug interactions;

(i) Incorrect drug dosage or duration of drug treatment;

(j) Drug-allergy interactions; and

(k) Clinical abuse or misuse; and

(2) Identify and reduce the frequency of patterns of potential and actual fraud, abuse, gross overuse, inappropriate care, or medically unnecessary care associated with specific drugs or groups of drugs among practitioners, pharmacists, and patients.

Source: SL 1992, ch 270, § 2; SL 2025, ch 154, § 30.
S.D. Codified Laws § 36-15-14 — SD Code / Title 36 / Chapter 15 / Section 36-15-14
Access of authorities to salons or schools for inspection and enforcement purposes
Status: in_force

The commission, any state or local board of health, or any officer or employee thereof, may enter during the business hours, any salon or school licensed under the provisions of this chapter and any other place where the practice of cosmetology is followed, practiced, or taught for the purpose of inspection and enforcement of this chapter and the rules adopted pursuant to this chapter.

Source: SDC 1939, § 27.1505; SL 1957, ch 118, § 1; SL 1972, ch 206, § 14; SL 2003, ch 202, § 17.
S.D. Codified Laws § 36-11-46.11 — SD Code / Title 36 / Chapter 11 / Section 36-11-46.11
Labeling of prescription container for biological product
Status: in_force

The pharmacist shall, unless otherwise instructed by the prescriber, label the prescription container with the name of the dispensed biological product. If the dispensed biological product does not have a brand name, the prescription label shall indicate the proper name of the biological product dispensed. If a pharmacist selects an interchangeable biological product for the brand name biological product prescribed, the prescription container label shall identify the proper name and may identify the brand name for which the selection is made. The dual identification allowed under this section shall take the form of the following statement on the prescription container label: (proper name) interchangeable with (brand name). The pharmacy file copy of each prescription shall include the brand name, if any, or the proper name, and the name of the manufacturer of the biological product dispensed. The prescription container label shall include all information required by federal and state law or by rule promulgated by the board pursuant to chapter 1-26 .

Source: SL 2018, ch 231, § 11.
S.D. Codified Laws § 36-1C-5 — SD Code / Title 36 / Chapter 1C / Section 36-1C-5
Option to authorize limited administrative fines for specified violations
Status: in_force

The agency may authorize the administrator to impose an administrative fine upon proof of a violation of specified statutes or rules without additional prior approval. Any action taken pursuant to this section shall be reported to the agency at its next scheduled meeting or within thirty days, whichever is shorter.

Any administrative fine issued under this section may be appealed by requesting a contested case under chapter 1-26 . Notice of appeal must be submitted to the administrator within twenty calendar days of service of the fine.

Any fine issued under this section may not exceed five hundred dollars.

Source: SL 2021, ch 168, § 5.
S.D. Codified Laws § 36-2A-1 — SD Code / Title 36 / Chapter 2A / Section 36-2A-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Board," a licensing board authorized in title 36;

(2) "Health professionals assistance program," or "program," a confidential program designed to monitor and manage the treatment and continuing care of a health professional who may be unable to practice with reasonable skill or safety, or whose practice poses a risk to the public, if the professional's mental health or substance use related issue or disorder is not appropriately managed;

(3) "Impaired," the inability of a licensee to practice with reasonable skill or safety, or whose practice poses a risk to the public as a result of unmanaged or undermanaged mental health or substance use related issue or disorder;

(4) "Program personnel," persons or entities providing services for or on behalf of a licensing board's health professionals assistance program.

Source: SL 1996, ch 227, § 1; SL 2013, ch 171, § 1; SL 2021, ch 170, § 1.
S.D. Codified Laws § 36-28-16 — SD Code / Title 36 / Chapter 28 / Section 36-28-16
Transfer of license not authorized--Period of validity of license
Status: in_force

The board may license nursing facility administrators in accordance with this chapter and rules promulgated by the board pursuant to chapter 1-26 . A nursing facility administrator license is not transferable and is valid until surrendered for cancellation or suspended or revoked for violation of this chapter or any rule promulgated pursuant to this chapter. A nursing facility administrator license that is not renewed by December thirty-first of even-numbered years expires and is no longer valid.

Source: SL 1969, ch 113, § 6; SDCL Supp, § 34-12A-16; revised pursuant to SL 1972, ch 15, § 4; SL 1986, ch 302, § 107; SL 2014, ch 186, § 12.
S.D. Codified Laws § 36-16-23 — SD Code / Title 36 / Chapter 16 / Section 36-16-23
Reciprocal licenses to electricians from other states
Status: in_force

To the extent that other states which provide for the licensing or registering of electricians provide for similar action, the State Electrical Commission may grant a license of the same grade or class to electricians registered or licensed by other states, upon payment by the applicant of the required fee, after being furnished with proof that the qualifications of the applicant are equal to the qualifications of the holders of a similar license in South Dakota.

Source: SL 1963, ch 216, § 19; SL 1986, ch 302, § 24.
S.D. Codified Laws § 36-12-2 — SD Code / Title 36 / Chapter 12 / Section 36-12-2
Persons not considered engaged in practice of veterinary medicine
Status: in_force

The following persons shall not be considered to be engaging in the practice of veterinary medicine in this state:

(1) Those who administer to livestock, title of which rests in himself, or in his regular employer, or free service in any case;

(2) Those who conduct experimentation in scientific research in the development of methods, technics, or treatment, directly or indirectly applicable to the problems of medicine and who in connection therewith uses animals;

(3) Services to poultry in its entirety;

(4) Regular students in a legally chartered and recognized college of veterinary medicine, while in the performance of studies and acts assigned by their instructors;

(5) Those who are licensed in another state of the United States when engaged in this state in consultation with veterinarians legally practicing herein, providing such consultation does not exceed thirty days in any one year;

(6) Those who are senior students in an approved school of veterinary medicine and who shall obtain from the Board of Veterinary Medical Examiners an undergraduate permit to practice in the office and under the direct supervision of any veterinarian practicing within this state;

(7) Those who are employees of the State of South Dakota or the United States of America while in the performance of their duties as such employee;

(8) Those selling drugs, medicines, household remedies, or appliances at wholesale or retail and advising as to the use and purpose of such drugs, medicines, household remedies, or appliances;

(9) Veterinary livestock assistants registered by the State Board of Veterinary Medical Examiners who work under the supervision of a veterinarian licensed in the State of South Dakota to perform spaying of cattle and administration of biologics and pharmaceuticals under the order of their supervising veterinarians. The State Board of Veterinary Medical Examiners shall promulgate rules pursuant to chapter 1-26 for the registration of veterinary livestock assistants.

Source: SDC 1939, § 40.0201; SL 1961, ch 201, § 17; SL 1963, ch 242; SL 2001, ch 202, § 1.
S.D. Codified Laws § 36-9-39.1 — SD Code / Title 36 / Chapter 9 / Section 36-9-39.1
Temporary permit for licensed practical nurse from out of 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 practical 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 1974, ch 248, § 4; SL 1976, ch 228, § 29; SL 1979, ch 225, § 35; SL 1986, ch 307, § 26.
S.D. Codified Laws § 36-11-19.6 — SD Code / Title 36 / Chapter 11 / Section 36-11-19.6
Nonresident pharmacy license--Denial, revocation, or suspension for conduct--Contested case
Status: in_force

The board may deny, revoke, or suspend a nonresident pharmacy license for conduct that causes serious bodily injury or serious psychological injury to a resident of this state, if the board has referred the matter to the regulatory or licensing agency in the state in which the nonresident pharmacy is located and the regulatory or licensing agency fails to initiate an investigation within forty - five days after the referral.

Any action taken to deny, revoke, or suspend a nonresident pharmacy license is a contested case proceeding pursuant to chapter 1-26 .

Source: SL 1997, ch 217, § 5; SL 2025, ch 154, § 11.
S.D. Codified Laws § 36-9-6 — SD Code / Title 36 / Chapter 9 / Section 36-9-6
Citizenship and residence requirements of board members
Status: in_force

Each member of the board shall be a citizen of the United States and a resident of this state for two years before beginning a term of office.

Source: SDC 1939, § 27.0901; SL 1947, ch 123, § 2; SL 1955, ch 91, § 3; SDC Supp 1960, § 27.0903 (2); SL 1967, ch 101, § 3 (2); SL 1976, ch 228, § 7; SL 2016, ch 194, § 5.
S.D. Codified Laws § 36-18A-1.1 — SD Code / Title 36 / Chapter 18A / Section 36-18A-1.1
Inactive licensee defined
Status: in_force

For the purposes of this chapter, the term, inactive licensee, means a licensee who ceases to practice or offer to practice in the licensee's profession and who does not wish to renew but would like his or her files to be kept active for possible reinstatement. An active licensee may be granted inactive status. No inactive licensee may practice or offer to practice professional services in South Dakota unless otherwise exempted in this chapter. Any inactive licensee is exempt from the continuing education requirements.

Source: SL 2007, ch 219, § 3.
S.D. Codified Laws § 36-16-19 — SD Code / Title 36 / Chapter 16 / Section 36-16-19
Experience required for contractor's license
Status: in_force

A person shall have at least two years of experience as a journeyman electrician or at least one year of commercial experience as a Class B electrician before making application for an electrical contractor's license.

Source: SL 1963, ch 216, § 2 (4); SL 1978, ch 272, § 3; SL 2021, ch 177, § 6.
S.D. Codified Laws § 36-24-24.2 — SD Code / Title 36 / Chapter 24 / Section 36-24-24.2
Provisional hearing aid dispensing license--Scope of provisional license
Status: in_force

The board may issue a provisional license to a person who:

(1) Except for passing an examination under this chapter, otherwise qualifies for a hearing aid dispensing license;

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

(3) Pays the application fee set by the board, pursuant to rules promulgated pursuant to chapter 1-26 , not to exceed one hundred fifty dollars.

A provisional license is valid until the board receives the results of the qualifying examination. The board may not renew a provisional license except for good cause shown to the satisfaction of the board.

A person who holds a provisional license pursuant to this section may provide hearing aid services only under the supervision of a licensed hearing aid dispenser or licensed audiologist.

Source: SL 1997, ch 221, § 33; SL 2024, ch 159, § 16.
S.D. Codified Laws § 36-21A-100 — SD Code / Title 36 / Chapter 21A / Section 36-21A-100
Contracts violating subdivision sale provisions void and unenforceable--Recovery of money paid plus interest
Status: in_force

Failure to comply with the provisions of §§ 36-21A-93 to 36-21A-98 , inclusive, make any contract entered into in this state void and unenforceable. Money paid under that contract to the certificate holder, together with interest at the Category A rate of interest as established in § 54-3-16 from date of the payment, may be recovered in a civil action.

Source: SL 1992, ch 273, § 100.
S.D. Codified Laws § 36-7-12.1 — SD Code / Title 36 / Chapter 7 / Section 36-7-12.1
Pharmacology studies and clinical experience to be completed--Passing grade on pharmacology portion of national board examination to be attained
Status: in_force

Any applicant for licensure as an optometrist after July 1, 1986, shall satisfactorily complete all pharmacology studies and clinical experience required by this chapter and the board, and attain a passing grade on the pharmacology portion of a national board examination approved by the board.

Source: SL 1986, ch 306, § 12; SL 2022, ch 147, § 6.
S.D. Codified Laws § 36-30-3 — SD Code / Title 36 / Chapter 30 / Section 36-30-3
Qualifications for license--Application--Fee
Status: in_force

A person may receive a license as a polygraph examiner, which is valid for three years if the person:

(1) Establishes that he or she is a person of good moral character;

(2) Has satisfactorily completed at least six weeks of study in the use of a polygraph in detection of deception or establishes that he or she is an experienced and competent polygraph examiner based upon work experience; and

(3) Submits an application to the Office of the Attorney General along with a nonrefundable seventy-five dollar license fee.

Source: SL 1984, ch 174, § 4; SL 2006, ch 201, § 1.
S.D. Codified Laws § 36-11A-4 — SD Code / Title 36 / Chapter 11A / Section 36-11A-4
Pharmacy distributor defined
Status: in_force

A pharmacy distributor is any pharmacy or hospital pharmacy that is engaged in the delivery or distribution of prescription drugs either to another pharmacy or to another person or entity, including to a wholesale drug distributor that is engaged in the delivery or distribution of prescription drugs and that is involved in the actual, constructive, or attempted transfer of a drug in this state to other than the ultimate consumer, if the financial value of the drugs so delivered or distributed is equivalent to at least five percent of the total gross sales of the pharmacy.

Source: SL 1991, ch 307, § 4; SL 2021, ch 175, § 5.
S.D. Codified Laws § 36-11-46.7 — SD Code / Title 36 / Chapter 11 / Section 36-11-46.7
Equivalent drug and biological product requirements not applicable to hospital patients
Status: in_force

The requirements of §§ 36-11-46.1 to 36-11-46.3 , inclusive, 36-11-46.6 , and 36-11-46.9 to 36-11-46.11 , inclusive, do not apply to an order to dispense a drug or biological product to a hospital patient.

Source: SL 1990, ch 306, § 6; SL 1993, ch 277, § 6; SL 2018, ch 231, § 7.
S.D. Codified Laws § 36-20B-27 — SD Code / Title 36 / Chapter 20B / Section 36-20B-27
Renewal of certificate--Continuing education requirement--Exception
Status: in_force

For renewal of a certificate under this chapter, a licensee shall participate in a program of learning designed to maintain professional competency. The program of learning shall comply with rules, promulgated by the board pursuant to chapter 1-26 . A licensee shall complete one hundred twenty hours of continuing education in each three - year renewal period. The board may, by rule promulgated pursuant to chapter 1-26 , establish an exception to this requirement for certificate holders who do not perform or offer to perform for the public one or more kinds of services involving the use of accounting or auditing skills, including issuance of reports on financial statements or of one or more kinds of management advisory, financial advisory, or consulting services, or the preparation of tax returns or the furnishing of advice on tax matters. Any licensee granted such an exception by the board must place the word, inactive, adjacent to their CPA title or PA title on any business card, letterhead, or any other document or device, with the exception of their CPA certificate or PA license, on which their CPA or PA title appears.

Source: SL 2002, ch 179, § 28.
S.D. Codified Laws § 36-24-9 — SD Code / Title 36 / Chapter 24 / Section 36-24-9
Meetings of the board
Status: in_force

The board shall hold at least two meetings annually at a place and time set by the board. The board may hold other meetings at a time and place set by the president or a majority of the board.

A majority of the board constitutes a quorum. Except as provided in § 36-24-41 , a majority vote of members present constitutes a decision of the board.

Source: SL 1968, ch 118, § 19; SL 1997, ch 221, § 14; SL 2024, ch 159, § 7.
S.D. Codified Laws § 36-15-38 — SD Code / Title 36 / Chapter 15 / Section 36-15-38
School to indicate status in advertising and on school premises
Status: in_force

Any school shall use the word "school" or words indicating an institution of learning in any advertisement, sign, display, or directory. Each school shall clearly indicate in a location conspicuous to the general public that cosmetological services and practices performed in the school and premises are by students.

Source: SDC 1939, § 27.1506 (6) as enacted by SL 1957, ch 118, § 1; SL 1963, ch 156; SL 1972, ch 206, § 33; SL 2003, ch 202, § 47.
S.D. Codified Laws § 36-21A-20 — SD Code / Title 36 / Chapter 21A / Section 36-21A-20
Office of executive director--Records and property maintained
Status: in_force

The location of the office of the executive director shall be at such places within the state as the commission may designate. The commission shall maintain all of its files, records, and property at the office of the executive director.

Source: SL 1992, ch 273, § 20.
S.D. Codified Laws § 36-31-15 — SD Code / Title 36 / Chapter 31 / Section 36-31-15
Initiation of license cancellation, revocation, or suspension proceedings
Status: in_force

A proceeding for cancellation, revocation, or suspension of a license may be initiated if the board has written information that any person may have been guilty of any misconduct pursuant to § 36-31-14 , or is guilty of incompetence or unprofessional or dishonorable conduct.

Source: SL 1986, ch 323, § 15; SL 2005, ch 199, § 71.
S.D. Codified Laws § 36-5-28 — SD Code / Title 36 / Chapter 5 / Section 36-5-28
Revocation or suspension of registration
Status: in_force

The registration of a chiropractic assistant may be revoked or suspended upon violation of any section of this chapter or of any rule adopted by the board. All proceedings concerning the revocation or suspension of a registration shall conform to contested case procedure set forth in chapter 1-26 .

Source: SL 2008, ch 192, § 6; SL 2021, ch 173, § 36.
S.D. Codified Laws § 36-4A-33 — SD Code / Title 36 / Chapter 4A / Section 36-4A-33
Suspension of license not renewed--Reinstatement
Status: in_force

Any license not renewed pursuant to § 36-4A-31 is suspended. A license so suspended may be reinstated during the following twelve months by application to the board and payment of the renewal fee and a reinstatement fee as fixed by the board pursuant to § 36-4A-34 . Thereafter, a license so suspended may be reinstated only upon payment of all delinquent renewal fees and a reinstatement fee fixed by the board pursuant to § 36-4A-34 , following specific approval by the board.

Source: SL 1973, ch 250, § 15; SL 1999, ch 192, § 6; SL 2007, ch 207, § 22.
S.D. Codified Laws § 36-20B-6 — SD Code / Title 36 / Chapter 20B / Section 36-20B-6
Board within Department of Labor and Regulation--Reports to secretary
Status: in_force

The board is within the Department of Labor and Regulation and shall submit reports of its activities in the form and at such times as required by the secretary of labor and regulation.

Source: SL 2002, ch 179, § 7; SL 2003, ch 272 (Ex. Ord. 03-1), § 51; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 36-21A-93 — SD Code / Title 36 / Chapter 21A / Section 36-21A-93
Application for subdivision certificate--Fee--Contents--Additional information
Status: in_force

Before subdivided land is offered for sale the subdivider shall apply in writing for a subdivision certificate to the commission on a form furnished by the commission and approved by the attorney general. The application shall be accompanied by a filing fee of one hundred dollars plus twenty - five dollars for each one hundred lots or fraction thereof to be offered for sale. The application shall contain the following information and supporting documents:

(1) The name, address and business status of the applicant;

(2) If the applicant is a partnership, the names and addresses of the partners;

(3) If the applicant is a corporation, the place of incorporation and the names and addresses of its officers and members of its board of directors;

(4) The legal description and area of the real estate to be offered for sale, including maps and recorded plats showing the area involved;

(5) The name and address of the legal owner of the real estate to be offered for sale;

(6) A certified, audited financial statement fully disclosing the current financial condition of the developer;

(7) A statement of the condition of the title of the subdivided lands, including encumbrances as of a specified date within thirty days of the application;

(8) Copies of the instruments by which the interest in the subdivided lands was acquired and a statement of any lien or encumbrances, if any, with dates as to recording, along with the documentary evidence that any mortgagee or trustee of a deed of trust has subordinated his interest in the real estate to the interest of a purchaser of the real estate;

(9) A true statement of the terms and conditions on which it is intended to dispose of the real estate, together with copies of any contracts intended to be used. The contracts shall contain a provision entitling the purchaser, if he has not seen the land, to an unconditional right to rescind the contract and the unconditional right of refund of all payments made under the contract after inspecting the land if inspection is made within a time provided in the contract which may not be less than four months from the date of the contract and if the demand for refund or rescission of the contract is made within twenty days of the inspection. Any payment made by the purchaser shall be held in trust in a bank located in this state for four months or twenty days after inspection, whichever occurs first, and no portion of the payment may be expended for any purpose before the expiration of the trust period. The rescission period may be waived by the purchaser;

(10) A statement of the zoning and other governmental regulations affecting the use of the land to be sold or offered for sale disclosing whether or not such regulations have been satisfied;

(11) A copy of an offering statement which sets forth the material facts with respect to the land to be offered or sold.

After receiving the application, the commission may require such additional information concerning the real estate as it considers necessary.

Source: SL 1992, ch 273, § 93.
S.D. Codified Laws § 36-1-1 — SD Code / Title 36 / Chapter 1 / Section 36-1-1
Veterans entitled to reinstatement of professional or occupational status after discharge--Compliance with current requirements--Written evidence of authority
Status: in_force

Any veteran as defined in § 33A-2-1 who, at the time of induction, enlistment, or engagement in the armed forces of the United States, was regularly licensed, registered or certified in good standing and was lawfully engaged in this state in the profession, trade, science or business which under any statute or law of this state, or rules or regulations issued pursuant thereto, required such persons to be licensed, registered or certified in order to practice or engage in such profession, trade, science or business, and whose status may have been lost for any reason shall, notwithstanding any law, rule, or regulation, at any time within six months from date of separation from service on application to the proper licensing, registering, certifying or authorizing agency be restored and reinstated to the status held as of the date of such induction or enlistment into said armed forces without complying with or showing compliance with any statute or law, or rule or regulation, the payment of any fees, dues or charges except such as may be current in the year in which such application is made, or being required to submit to any examinations, and any law, rule or regulation to the contrary notwithstanding, shall be entitled to practice or engage in such profession, trade, science or business to all purposes and effects the same as such as existed on the date of induction or enlistment in said armed forces, and such person shall be entitled to receive from the department or state board, commission, agency or officer administering such statute, law, rule or regulation, such certificate, license or written evidence of authority to practice or engage in such profession, trade, science, or business.

Source: SL 1947, ch 187, § 2; SL 1951, ch 217; SDC Supp 1960, § 41.0511; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 36-21D-4 — SD Code / Title 36 / Chapter 21D / Section 36-21D-4
Promulgation of rules regarding companies and services
Status: in_force

The secretary of the Department of Labor and Regulation may promulgate rules pursuant to chapter 1-26 relating to appraisal management companies and appraisal management services in the following areas:

(1) Registration of appraisal management companies;

(2) Definition of terms;

(3) Responsibilities and duties;

(4) Application for and issuance of certificate of registration;

(5) Renewal and late renewal procedures;

(6) Contracting for investigations;

(7) Complaints and grounds for disciplinary actions, including denial, revocation, suspension, censure, and reprimand;

(8) Retention and inspection of records;

(9) Roster;

(10) Review of appraisal related records;

(11) Inspection, examination, and photocopy of records;

(12) National registry fee collection and remittance; and

(13) Filing of surety bonds or irrevocable letters of credit.

Source: SL 2011, ch 184, § 4; SL 2014, ch 184, § 4; SL 2021, ch 168, § 36.
S.D. Codified Laws § 36-21A-39 — SD Code / Title 36 / Chapter 21A / Section 36-21A-39
Dissolution of corporation, partnership, limited liability company, or association--Notification
Status: in_force

Upon dissolution of a corporation, partnership, limited liability company, or association, the responsible broker shall notify the commission within ten days by mail or e-mail.

Source: SL 1992, ch 273, § 39; SL 1996, ch 236, § 3; SL 2011, ch 180, § 4; SL 2022, ch 152, § 1.
S.D. Codified Laws § 36-8-8 — SD Code / Title 36 / Chapter 8 / Section 36-8-8
Qualifications of applicants for license
Status: in_force

The board may issue a license to a qualified person who is not licensed as a podiatrist in this state and who is not exempted under the provisions of § 36-8-12 , if the applicant:

(1) Is at least eighteen years of age and of good moral character;

(2) Possesses a doctor of podiatric medicine degree from a recognized school of podiatry approved by the board and has obtained the degree of doctor of podiatric medicine;

(3) Successfully completed a one-year residency or preceptorship approved by the Council of Podiatric Medical Education of the American Podiatric Medical Association. This subdivision applies only to an applicant who graduated from a podiatric college after July 1, 1995;

(4) Has passed the National Board of Podiatric Medical Examiners' national standardized examination parts I, II, and III; and

(5) Submits an application on a form prescribed by the board and pays the application fee.

Part III of the examination required under subdivision (4) may be waived if the applicant graduated from a school of podiatric medicine before January 1, 2001, and the applicant is currently licensed as a podiatric physician in another state and has been in active licensed practice for at least five continuous years. Any examination fee required by the National Board of Podiatric Medical Examiners shall be paid directly to the testing service.

Source: SDC 1939, § 27.0805; SL 1959, ch 131, § 6; SL 1967, ch 100, § 3; SL 1972, ch 15, § 4; SL 2018, ch 228, § 3.
S.D. Codified Laws § 36-21D-8 — SD Code / Title 36 / Chapter 21D / Section 36-21D-8
Monetary penalty for violation
Status: in_force

The secretary of the Department of Labor and Regulation may impose a monetary penalty not to exceed two thousand dollars on an appraisal management company registered pursuant to this chapter or on an unregistered appraisal management company performing appraisal management services in this state, upon proof of a violation of the rules relating to appraisal management companies as adopted by the department pursuant to chapter 1-26 or a violation of this chapter.

Source: SL 2011, ch 184, § 8.
S.D. Codified Laws § 36-21B-11 — SD Code / Title 36 / Chapter 21B / Section 36-21B-11
Improper influence on real estate appraisals prohibited--Grounds for discipline
Status: in_force

No real estate appraiser with an interest in a real estate transaction or the financing of any loan secured by real estate involving an appraisal assignment may improperly influence or attempt to improperly influence the development, reporting, result, or review of a real estate appraisal by:

(1) Coercion, extortion, or bribery;

(2) Withholding or threatened withholding of payment for an appraisal fee;

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

(4) Requesting that the appraiser report a predetermined opinion, conclusion, or valuation or the desired valuation of any person; or

(5) Any other act or practice that impairs or attempts to impair an appraiser's independence, objectivity, and impartiality.

A violation of this section may constitute grounds for discipline against a real estate appraiser who is registered, licensed, or certified pursuant to the laws of the State of South Dakota.

Source: SL 2009, ch 192, § 1.
S.D. Codified Laws § 36-21A-54 — SD Code / Title 36 / Chapter 21A / Section 36-21A-54
Reciprocal privileges extended to nonresident licensees--Licensees from states not granting full reciprocity
Status: in_force

No nonresident licensee regularly engaged in the real estate business as a vocation, who maintains a definite place of business and is licensed by a state which offers the same privileges to licensees of this state, may be required to maintain a place of business within this state. The commission shall recognize the license issued by another state as qualification for a license in South Dakota. A licensee from a state that does not grant full reciprocity to licensees from South Dakota shall, in order to be licensed in South Dakota, meet the same requirements that the licensees' state requires of South Dakota licensees. The commission may adopt rules pursuant to chapter 1-26 to implement this section.

Source: SL 1992, ch 273, § 54; SL 2002, ch 181, § 2.
S.D. Codified Laws § 36-26-18 — SD Code / Title 36 / Chapter 26 / Section 36-26-18
Exemption from examination for out-of-state licensees
Status: in_force

An applicant shall be exempted from the requirement for any examination provided in this chapter if:

(1) The applicant is licensed or registered under the laws of a state or territory of the United States that imposes substantially the same requirements as this chapter;

(2) Pursuant to the laws of such state or territory, the applicant has taken and passed an examination similar to that for which exemption is sought;

(3) The applicant provides verification of licensure on a form provided by the board from any state in which the applicant holds a license, as well as has held a license;

(4) The applicant provides official transcripts from the college or university which conferred the degree; and

(5) If applying for a license as a certified social worker-private independent practice, the applicant provides proof of supervision from the state from which original licensure was obtained. The board may waive this requirement, upon establishing the state is unable to provide the documentation.

Source: SL 1975, ch 22, § 17; SL 2013, ch 182, § 1.
S.D. Codified Laws § 36-18A-56 — SD Code / Title 36 / Chapter 18A / Section 36-18A-56
Proof of injury not necessary for board action on certain violations
Status: in_force

The board may take action without proof of actual injury on the following violations:

(1) Has violated any statute, rule, or order that the board has issued or is empowered to enforce;

(2) Has engaged in conduct or acts that are fraudulent, deceptive, or dishonest whether or not the conduct or acts relate to professional practice;

(3) Has engaged in conduct or acts that are negligent, incompetent, reckless, or otherwise in violation of established standards related to that person's professional practice;

(4) Has been convicted of or has pleaded guilty or nolo contendere to a felony, whether or not the person admits guilt, or has been shown to have engaged in acts or practices tending to show that the applicant or licensee is incompetent or has engaged in conduct reflecting adversely on the person's ability or fitness to engage in that person's professional practice. A copy of the record of conviction or plea of guilty or nolo contendere is conclusive evidence;

(5) Has employed fraud or deception in obtaining a license or renewal of a license or in passing all or a portion of the examination;

(6) Has had that person's professional license, registration, certificate, right to examination, or other similar rights to practice revoked, suspended, canceled, given probation, limited, censured, reprimanded, or not renewed for cause in any state or territory of the United States, the District of Columbia, or in any foreign country;

(7) Failed to meet any requirement for issuance or renewal of the person's license or certificate;

(8) Has used or attempted to use as that person's own the certificate or seal of another;

(9) Has used or attempted to use an expired, suspended, or revoked license;

(10) Has placed that person's seal or signature to a plan, specification, report, plat, or other technical submission or document not prepared by that person or under that person's responsible charge;

(11) Aided or assisted another person in violating any provision of this chapter or the rules pertaining to this chapter;

(12) Failed to promptly and appropriately provide information requested by the board as a result of a formal or informal complaint to the board which would indicate a violation of this chapter;

(13) Has provided false testimony or information to the board;

(14) Failed to report known violations of this chapter;

(15) Has engaged in the use of untruthful or improbable statements in advertisements;

(16) Failed to complete continuing professional development requirements set by the board;

(17) Made misleading or untruthful representations in advertisements or published materials;

(18) Falsely used any title, figures, letters, or descriptions to imply licensure;

(19) Is habitually intoxicated or is addicted to the use of alcohol or illegal drugs;

(20) Has committed an act, engaged in conduct, or committed practices that may result in an immediate threat to the public; or

(21) Has provided professional services in technical areas not covered by that person's license or competency.

Source: SL 1999, ch 195, § 56; SL 2005, ch 199, § 50.
S.D. Codified Laws § 36-16-1 — SD Code / Title 36 / Chapter 16 / Section 36-16-1
License required to engage in electrical contracting--Purpose of regulation--Noncompliance as misdemeanor
Status: in_force

Any person, firm, partnership, limited liability company, or corporation engaged, or offering to engage, in business as an electrical contractor as defined in § 36-16-2 or any person performing the work as defined in this chapter, shall obtain a license from the State Electrical Commission before any person may undertake and perform such work to the end that any such work will be safely and properly installed in accordance with approved standards for such work. It is a Class 2 misdemeanor for any person, firm, partnership, limited liability company, or corporation to engage in such business or such work unless the provisions of this chapter are complied with.

Source: SL 1963, ch 216, § 1; SL 1977, ch 190, § 183; SL 1986, ch 315, § 1; SL 1991, ch 308, § 1; SL 1993, ch 281, § 1; SL 1994, ch 351, § 77.
S.D. Codified Laws § 36-27A-15 — SD Code / Title 36 / Chapter 27A / Section 36-27A-15
Exemption from internship requirement
Status: in_force

An applicant for licensure as a psychologist is exempt from the requirement of a psychological internship as listed in § 36-27A-12 if he has one year of psychological experience and if the Board of Examiners of Psychologists receives the application for licensure on or before January 1, 1982, or if the applicant received a doctoral degree prior to 1979 and the applicant is listed in the National Register of Health Service Providers in Psychology.

Source: SL 1981, ch 281, § 15; SL 1993, ch 296.
S.D. Codified Laws § 36-9A-2.3 — SD Code / Title 36 / Chapter 9A / Section 36-9A-2.3
Temporary permit issued to person licensed under laws of other 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 certified nurse practitioner or certified nurse midwife from any other state or territory awaiting endorsement. This permit shall bear an issuance date and a date when it becomes invalid, and the period of time between the two dates may not exceed one hundred twenty days.

Source: SL 1982, ch 274, § 3; SL 1995, ch 218, § 5; SL 2017, ch 171, § 5.
S.D. Codified Laws § 36-38-6 — SD Code / Title 36 / Chapter 38 / Section 36-38-6
License required to practice as behavior analyst
Status: in_force

No person may represent himself or herself as a behavior analyst, or engage in the practice of, or attempt to practice applied behavior analysis unless licensed pursuant to the provisions of this chapter as an applied behavior analyst or exempted under the provisions of this chapter.

Source: SL 2016, ch 199, § 6.
S.D. Codified Laws § 36-25-24 — SD Code / Title 36 / Chapter 25 / Section 36-25-24
Apprentice and temporary license fees--Promulgation of rules
Status: in_force

The commission shall promulgate rules, in accordance with chapter 1-26 , on fees for:

(1) An application for an initial apprentice license;

(2) An initial apprentice license;

(3) The annual renewal of an apprentice license;

(4) An examination for a third-year apprentice; and

(5) A temporary license.

The temporary license fee must be paid prior to taking the examination for the first time. No fee may exceed fifty dollars.

Source: SL 1970, ch 222, § 9; SL 1972, ch 208; revised pursuant to SL 1972, ch 15, § 3; SL 1986, ch 302, § 33; SL 1987, ch 278, § 4; SL 1993, ch 294, § 4; SL 2008, ch 191, § 59; SL 2014, ch 185, § 4; SL 2022, ch 153, § 3; SL 2025, ch 163, § 4.
S.D. Codified Laws § 36-38-3 — SD Code / Title 36 / Chapter 38 / Section 36-38-3
Conduct not included within practice of applied behavior analysis
Status: in_force

The term, practice of applied behavior analysis, does not include diagnosis, counseling, psychological testing, personality assessment, intellectual assessment, neuropsychological assessment, psychotherapy, cognitive therapy, sex therapy, family therapy, coordination of care, psychoanalysis, hypnotherapy, or long-term counseling as a treatment modality.

Source: SL 2016, ch 199, § 3.
S.D. Codified Laws § 36-2A-9 — SD Code / Title 36 / Chapter 2A / Section 36-2A-9
Participation components
Status: in_force

The program participation components may include requirements for treatment and continuing care, work-site monitoring, practice restrictions, random drug screening, support group participation, filing of reports, compliance documentation, and other requirements as necessary to manage mental health or substance use related issues or disorders and for successful completion of the program.

Source: SL 1996, ch 227, § 9; SL 2013, ch 171, § 9; SL 2021, ch 170, § 10.
S.D. Codified Laws § 36-15-55.2 — SD Code / Title 36 / Chapter 15 / Section 36-15-55.2
Ground for disciplinary action as basis for refusal, revocation or suspension of license
Status: in_force

The commission may, in compliance with chapter 1-26 , either refuse to issue, revoke, or suspend a license which is required by this chapter on any of the grounds for disciplinary action provided in this chapter.

Source: SL 1972, ch 206, § 47; revised pursuant to SL 1972, ch 15, § 4.
S.D. Codified Laws § 36-28-2 — SD Code / Title 36 / Chapter 28 / Section 36-28-2
Board--Appointment--Qualifications--Terms of members
Status: in_force

The board consists of five members. The members of the board shall be appointed by the Governor and shall include four members who are licensed nursing facility administrators who are actively practicing in South Dakota and one member of the general public who is not an administrator or employee of a nursing facility and who has no direct financial interest in a nursing facility. The terms of all members are to be three years. No member may serve more than three consecutive full terms. The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment. The appointment to an unexpired term is not considered a full term.

Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.

Source: SL 1969, ch 113, § 2; SDCL Supp, § 34-12A-2; SL 1971, ch 203; SL 1973, ch 221; SL 1986, ch 27, § 30; SL 2005, ch 199, § 67; SL 2012, ch 16, § 17; SL 2013, ch 176, § 11; SL 2014, ch 186, § 2.
S.D. Codified Laws § 36-4-47 — SD Code / Title 36 / Chapter 4 / Section 36-4-47
Medical abortion--Procedure
Status: in_force

For the purpose of inducing a medical abortion, a pregnant mother may only take the medications Mifepristone or Misoprostol up to nine weeks after conception. Mifepristone and Misoprostol must be prescribed and dispensed by a licensed physician in a licensed abortion facility consistent with chapter 34-23A and in compliance with the applicable requirements in chapter 36-4 .

A pregnant mother may only be administered Mifepristone by the licensed physician who fully complied with all the provisions of § 34-23A-56 , and first obtains, from the pregnant mother, all information required by § 34-23A-57 and her informed consent. A different physician may administer Mifepristone and take a signed consent from the pregnant mother only if expressly authorized pursuant to § 34-23A-57 .

After taking Mifepristone and undergoing an observation period in the abortion facility, the pregnant mother may return home.

Between twenty-four and seventy-two hours after taking Mifepristone, if the pregnant mother decides to continue with the medical abortion, the pregnant mother must return to the licensed abortion facility to receive the proper amount of Misoprostol. A licensed physician shall dispense the Misoprostol to the pregnant mother in the same manner as required for Mifepristone under this section.

Neither Mifepristone nor Misoprostol may be dispensed for the purpose of inducing a medical abortion in any manner contrary to this section.

The abortion facility staff shall monitor the pregnant mother for complications for a medically necessary period following each administration of the abortion-inducing medications.

The abortion facility staff shall schedule a follow-up appointment with the pregnant mother to return to the abortion facility on the fourteenth day after taking the medication to confirm that the fetus, placenta, and membranes have been fully expelled.

Source: SL 2022, ch 143, § 2.
S.D. Codified Laws § 36-21C-2 — SD Code / Title 36 / Chapter 21C / Section 36-21C-2
Commission to license or register home inspectors
Status: in_force

The commission shall issue and renew certificates to licensed and registered home inspectors pursuant to the provisions of this chapter.

Source: SL 2000, ch 194, § 2.
S.D. Codified Laws § 36-21A-36 — SD Code / Title 36 / Chapter 21A / Section 36-21A-36
Written examination--Time and place--Contents
Status: in_force

An applicant for a license shall submit to a written examination to be conducted by the commission at such times and places as it may direct. The commission shall determine the contents of the examination.

Source: SL 1992, ch 273, § 36.
S.D. Codified Laws § 36-31-20 — SD Code / Title 36 / Chapter 31 / Section 36-31-20
Maintenance of record book--Admissibility of records and licenses in evidence--Copies of records to be furnished on request--Fee
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 have been granted under this chapter, the license number of each, and the date of granting the license and its renewal and other matters of record. This book is a book of records, and a transcript of any record therein or a license that is not entered therein, the name and license number of the date of granting the license 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, 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 1986, ch 323, § 20.
S.D. Codified Laws § 36-25-23 — SD Code / Title 36 / Chapter 25 / Section 36-25-23
Temporary permits
Status: in_force

The commission may issue temporary, revocable permits for a period of not to exceed one year, to persons furnishing satisfactory evidence to the board of their qualifications.

Source: SL 1970, ch 222, § 7.
S.D. Codified Laws § 36-2-3 — SD Code / Title 36 / Chapter 2 / Section 36-2-3
Use of word "doctor" as evidence of practice--Basic science certificate required
Status: in_force

If any person appends to his name the word "doctor" or any contraction thereof, any other word, abbreviation, or designation indicating that he is qualified to make diagnosis or treatment, such shall constitute prima facie evidence that such person is holding himself out as qualified to engage in such diagnosis or treatment.

Source: SL 1953, ch 130, § 2; SDC Supp 1960, § 27.0318; SL 1986, ch 27, § 39.
S.D. Codified Laws § 36-19-41.1 — SD Code / Title 36 / Chapter 19 / Section 36-19-41.1
Injunction to prevent violations--Election of remedies
Status: in_force

The State Board of Funeral Service is 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 board constitutes an election.

Source: SL 1972, ch 15, § 4.
S.D. Codified Laws § 36-9-93 — SD Code / Title 36 / Chapter 9 / Section 36-9-93
Head of nurse licensing board defined
Status: in_force

The head of the nurse licensing board as used to define the compact administrator in Article VIII(a) means the executive secretary of the Board of Nursing.

Source: SL 2000, ch 192, § 2.
S.D. Codified Laws § 36-9-90 — SD Code / Title 36 / Chapter 9 / Section 36-9-90
Temporary permit for out of state licensed clinical nurse specialist applicant--Issuance date and termination date
Status: in_force

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

Source: SL 1995, ch 217, § 13.
S.D. Codified Laws § 36-14-4 — SD Code / Title 36 / Chapter 14 / Section 36-14-4
Officers of board--Seal--Duties and bond of secretary-treasurer
Status: in_force

The Board of Barber Examiners shall elect a president and a secretary - treasurer. It shall adopt and use a common seal. The secretary - treasurer shall keep a record of all proceedings of the board and shall report to the president, all moneys collected, at least once a month. The secretary - treasurer shall give such bond as the board may require, with sufficient sureties, to be approved by the board, for the faithful performance of his duties.

Source: SDC 1939, § 27.1605; SL 1964, ch 88, § 1; SL 1968, ch 117, § 1.
S.D. Codified Laws § 36-34-4 — SD Code / Title 36 / Chapter 34 / Section 36-34-4
Removal of member by Governor--Vacancy
Status: in_force

The Governor may remove any member of the board for cause. If there is a vacancy on the board the Governor shall appoint a new member to serve the unexpired term. No member of the board may serve for more than three successive full terms. The appointment to an unexpired term is not considered a full term.

Source: SL 2004, ch 253, § 5; SL 2005, ch 199, § 78.
S.D. Codified Laws § 36-26-45 — SD Code / Title 36 / Chapter 26 / Section 36-26-45
Clinical social work defined
Status: in_force

Clinical social work is practiced by a social worker who has received a master's or doctoral degree and is licensed under § 36-26-14 or 36-26-17 . Clinical social work includes individual, family, and small group psychotherapy. Clinical social work practice is the professional application of social work theory and methods to the treatment and prevention of psychosocial dysfunction, disability, or impairment, including emotional and mental disorders. It is based on knowledge of one or more theories of human development. Clinical social work services consist of assessment; diagnosis; treatment, including psychotherapy and counseling; client - centered advocacy; consultation; and evaluation. The process of clinical social work is undertaken within the objectives of social work and the principles and values contained in the National Association of Social Workers Code of Ethics as of January 1, 1995.

Source: SL 1995, ch 224, § 1.
S.D. Codified Laws § 36-1C-21 — SD Code / Title 36 / Chapter 1C / Section 36-1C-21
Criminal history--Declaratory ruling permitted
Status: in_force

Any prospective applicant for a license may petition an agency for a declaratory ruling, as provided in §§ 36-1C-14 to 36-1C-16 , inclusive, seeking a ruling on whether the applicant's criminal history would result in an adverse action against a prospective license application by the agency. In any adverse declaratory ruling, the agency may specify the length of time for which the agency considers the decision binding, if any. Any ruling issued under this section is not required to be filed with the director of the Legislative Research Council for publication in the Administrative Rules of South Dakota. The agency must retain a copy of the ruling for the length of time for which the agency considers the decision binding, if any, and the ruling must be available for inspection by the public upon request.

Source: SL 2024, ch 150, § 6.
S.D. Codified Laws § 36-16-34 — SD Code / Title 36 / Chapter 16 / Section 36-16-34
Failure to register, obtain license or report wiring as misdemeanor
Status: in_force

Any person who fails to register, obtain a license or report wiring described by § 36-16-15 as required by this chapter is guilty of a Class 2 misdemeanor.

Source: SL 1963, ch 216, § 18; SL 1977, ch 190, § 184; SL 1986, ch 315, § 13.
S.D. Codified Laws § 36-13-24 — SD Code / Title 36 / Chapter 13 / Section 36-13-24
Seal of abstracter--Impression deposited with board--Affixing to abstracts
Status: in_force

Any abstracter furnishing abstracts of title to real property under the provisions of this chapter shall first obtain a seal and shall deposit an impression of the seal with the secretary-treasurer of the board before the certificate of registration may be issued. The seal shall have stamped on it the name and location of the abstracter that is furnishing the abstracts. The seal shall be affixed to every abstract or certificate of title issued by such abstracter.

Source: SDC 1939, § 1.0108; SL 2008, ch 195, § 30.
S.D. Codified Laws § 36-10-51 — SD Code / Title 36 / Chapter 10 / Section 36-10-51
Continuing education--Requirements--Waiver
Status: in_force

In order to renew a license, a person shall submit evidence, satisfactory to the State Board of Physical Therapy, indicating compliance with the continuing education requirements established by the board. The board may waive the continuing education requirements if the applicant submits evidence satisfactory to the board that the applicant was unable to comply because of illness, disability, military service, or financial hardship.

Source: SL 2017, ch 173, § 17; SL 2023, ch 136, § 32.
S.D. Codified Laws § 36-21C-1 — SD Code / Title 36 / Chapter 21C / Section 36-21C-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Client," any person who engages, or seeks to engage, the services of a home inspector for the purpose of obtaining inspection of and written report upon the condition of a residential building;

(2) "Commission," the South Dakota Real Estate Commission;

(3) "Home inspector," any person registered or licensed as a home inspector pursuant to the provisions of this chapter;

(4) "Home inspection," an inspection and written evaluation of all the following components of a residential building: heating system, cooling system, plumbing system, electrical system, structural components, foundation, roof, masonry structure, and exterior and interior components;

(5) "Residential building," a structure consisting of not more than four family dwelling units.

Source: SL 2000, ch 194, § 1.
S.D. Codified Laws § 36-10-47 — SD Code / Title 36 / Chapter 10 / Section 36-10-47
Licensure reinstatement
Status: in_force

Upon written application establishing compliance with licensing requirements and for reasons the State Board of Physical Therapy deems sufficient, the board may, under such conditions as it may impose, reinstate or reissue a license to any person whose license has been suspended or revoked.

Upon suspension of a license, the board may provide for an automatic reinstatement after a fixed period of time.

Source: SL 1972, ch 205, § 23; SL 2023, ch 136, § 29.
S.D. Codified Laws § 36-2A-6 — SD Code / Title 36 / Chapter 2A / Section 36-2A-6
Application to program--Admission evaluation
Status: in_force

An applicant that meets admission criteria shall be allowed access to the program by self-referral, board referral, or referral from another person or agency. Program personnel shall advise the applicant of the program requirements and the implications of noncompliance and shall secure an agreement with the applicant that includes participation components before the applicant enters the program. An applicant who refuses to cooperate with the program admission process may be reported to the applicable board.

Source: SL 1996, ch 227, § 6; SL 2013, ch 171, § 6; SL 2021, ch 170, § 7.
S.D. Codified Laws § 36-19-27 — SD Code / Title 36 / Chapter 19 / Section 36-19-27
Funeral establishment--Licensure requirement--Application--Fee--Inspection authority--Promulgation of rules
Status: in_force

An application for a license to operate a funeral establishment is required for each location. The application must be on a form provided by the board and accompanied by an application fee.

The board shall, by rule promulgated in accordance with chapter 1-26 , establish the application fee, which may not exceed three hundred fifty dollars.

The board may inspect the funeral establishment to verify compliance with state law and rules of the board.

The application for a license to operate a funeral establishment must include the name of the individual who is licensed under this chapter and responsible for managing all transactions conducted and services performed.

Source: SL 1963, ch 154, § 4; SL 1977, ch 300, § 5; SL 1991, ch 311, § 4; SL 2007, ch 220, § 3; SL 2008, ch 191, § 37; SL 2023, ch 137, § 13; SL 2025, ch 160, § 2.
S.D. Codified Laws § 36-10-40 — SD Code / Title 36 / Chapter 10 / Section 36-10-40
Unprofessional or dishonorable conduct
Status: in_force

The term, unprofessional or dishonorable conduct, includes:

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

(2) Willfully betraying a professional confidence;

(3) All advertising of physical therapy business, in which untruthful or improbable statements are made, or which are calculated to mislead or deceive the public;

(4) Conviction of any felony, conviction of a criminal offense arising out of the practice of physical therapy, or conviction of a criminal offense involving moral turpitude;

(5) Habits of intemperance, or drug addiction, which in the opinion of the State Board of Physical Therapy, affect the licensee's practice;

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

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

(8) Illegally, fraudulently, or wrongfully obtaining a license required by this chapter, by:

(a) The use of any means, devices, deceptions, or help in passing any examination; or

(b) Making false statements or misrepresentations in any application.

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

Source: SL 1955, ch 96, § 9; SDC Supp 1960, § 27.09A09; SDCL, § 36-10-14; SL 1972, ch 205, § 17; revised pursuant to SL 1972, ch 15, § 4; SL 2023, ch 136, § 24.
S.D. Codified Laws § 36-9A-9 — SD Code / Title 36 / Chapter 9A / Section 36-9A-9
Filing of application for licensure--Form--Fee--Issuance of license
Status: in_force

An applicant for licensure as a certified nurse practitioner or certified nurse midwife shall file with the board an application, verified by oath, on a form prescribed by the board and accompanied by the required fee. If the board finds that the applicant has satisfied all requirements, the board shall issue to the applicant a license to practice as a certified nurse practitioner or certified nurse midwife in a population focus consistent with education.

Source: SL 1979, ch 256, § 5; SL 1995, ch 218, § 9; SL 2017, ch 171, § 13.
S.D. Codified Laws § 36-9-39 — SD Code / Title 36 / Chapter 9 / Section 36-9-39
Licensing of licensed practical or vocational nurse from another state or country
Status: in_force

Upon application and payment of the required fee, the board may issue a license to practice as a licensed practical nurse by endorsement to any applicant who is a graduate of an approved program or has met the requirements by equivalency and has been licensed as a licensed practical nurse or licensed vocational nurse under the laws of another state, territory, or foreign country, if, in the opinion of the board, the applicant meets the qualifications required of licensed practical nurses in this state at the time of original licensure. However, if any applicant for licensure by endorsement has not been engaged in the practice of nursing in the past six years, the board may establish reentry standards, by rules promulgated pursuant to chapter 1-26 , and may require written evidence, verified by oath, as may be necessary to determine compliance with the standards.

Source: SL 1949, ch 109, § 7; SL 1955, ch 91, § 5; SDC Supp 1960, § 27.0905 (2) (b); SL 1967, ch 101, § 5 (2) (b); SL 1976, ch 228, § 28; SL 1977, ch 294, § 1; SL 1979, ch 255, § 34; SL 1986, ch 307, § 4; SL 2016, ch 194, § 22.
S.D. Codified Laws § 36-36-6 — SD Code / Title 36 / Chapter 36 / Section 36-36-6
Grounds for refusal of license
Status: in_force

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

Source: SL 2009, ch 194, § 6.
S.D. Codified Laws § 36-18A-74 — SD Code / Title 36 / Chapter 18A / Section 36-18A-74
Continuation of licenses and enrollments issued under chapter36-18
Status: in_force

All licenses and enrollments in effect on July 1, 1999, and issued pursuant to chapter 36-18 , are continued for the balance of the term for which last issued.

Source: SL 1999, ch 195, § 75.
S.D. Codified Laws § 36-11A-2 — SD Code / Title 36 / Chapter 11A / Section 36-11A-2
Distribution defined
Status: in_force

As used in this chapter, the term, distribution, means the sale, purchase, trade, delivery, handling, storage, or receipt of a product. The term does not include:

(1) Intracompany sales between any division, subsidiary, parent or otherwise affiliated or related company under the common ownership and control of a corporate entity;

(2) The purchase or other acquisition by a hospital or other health care entity that is a member of a group purchasing organization of a drug for its own use from the group purchasing organization or from other hospitals or health care entities that are members of such organizations;

(3) The sale, purchase or trade of a drug or an offer to sell, purchase or trade a drug by a charitable organization described in § 501(c)(3) of the Internal Revenue Code of 1954, as amended through December 18, 2015, to a nonprofit affiliate of the organization to the extent otherwise permitted by law;

(4) The sale, purchase or trade of a drug or an offer to sell, purchase or trade a drug among hospitals or other health care entities that are under common control;

(5) The sale, purchase or trade of a drug, or an offer to sell, purchase or trade a drug, for emergency medical reasons;

(6) The sale, purchase or trade of a drug, an offer to sell, purchase or trade a drug, or the dispensing of a drug pursuant to a prescription;

(7) The transfer of drugs by a pharmacy to another pharmacy to alleviate a temporary shortage;

(8) The distribution of drug samples by manufacturers' representatives or distributors' representatives;

(9) The sale, purchase, or trade of blood and blood components intended for transfusion;

(10) The sale, purchase, or trade of a drug to an individual under any form of insurance or an employee medical benefit program pursuant to a prescription; or

(11) The logistics and warehouse services provided by a third-party logistics provider.

Source: SL 1991, ch 307, § 2; SL 2017, ch 174, § 7.
S.D. Codified Laws § 36-21A-134.1 — SD Code / Title 36 / Chapter 21A / Section 36-21A-134.1
No duty to disclose sex offender information
Status: in_force

No licensee representing a seller or landlord has a duty to investigate, volunteer, or disclose information regarding a registered sex offender residing on or near the property.

Source: SL 2000, ch 196, § 1.
S.D. Codified Laws § 36-38-1 — SD Code / Title 36 / Chapter 38 / Section 36-38-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Applied behavior analysis," as provided in subdivision 58-17-154 (1);

(2) "Behavior analyst," a person who meets the qualifications of subdivision 58-17-159 (2), who is licensed as a behavior analyst by the board only for the provision of applied behavior analysis as defined in §§ 36-38-2 and 36-38-3 , and who holds himself or herself out to the public by any title or description of services which uses the words behavior analyst or applied behavior analyst;

(3) "Board," the Board of Social Work Examiners, as established in chapter 36-26 .

Source: SL 2016, ch 199, § 1.
S.D. Codified Laws § 36-16-2 — SD Code / Title 36 / Chapter 16 / Section 36-16-2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Apprentice electrician," a person learning the trade under the supervision and employment of an electrical contractor, journeyman electrician or Class B electrician, or a person learning the trade under the supervision of a 501(d) electrician, or a person employed by a public entity or private corporation, firm or partnership who is learning the trade under the supervision of an electrical contractor or Class B electrician who is employed by the same public entity or private corporation, limited liability company, firm, or partnership;

(2) "Class B electrician," a person having the necessary qualifications, training, technical knowledge and at least thirty-six months' experience in wiring, installing and repairing electrical apparatus and equipment in accordance with the standard rules established by the State Electrical Commission;

(3) "Electrical contractor," a person having the necessary qualifications, training, experience, and technical knowledge to plan, lay out, and supervise the installation and repair of electrical wiring, apparatus, and equipment for electric light, heat and power in accordance with the standard rules governing such work; and who undertakes or offers to undertake with another to plan for, lay out, supervise and install or to make additions, alterations and repairs in the installation of such work;

(4) "Electrical inspector," a person experienced in all classes of electrical work and either:

(a) Is a graduate of a recognized electrical school as approved by State Electrical Commission rules and has a total of four years of experience in electrical work, excluding school experience, or

(b) Has at least six years of practical experience in electrical wiring.

A qualified inspector may be issued an electrical contractor's license if the qualified inspector pays the necessary fees as set forth in this chapter;

(5) "Journeyman electrician," a person having the necessary qualifications, training, technical knowledge and at least four years of experience in wiring, installing, and repairing electrical apparatus and equipment in accordance with the standard rules established by the State Electrical Commission;

(6) "Maintenance electrician," a person working under a maintenance electrician's license of a public entity, firm, partnership, limited liability company, or corporation;

(7) "501(d) electrician," a person having the necessary qualifications, training and technical knowledge in wiring, installing, and repairing electrical apparatus and equipment in accordance with the administrative rules promulgated by the State Electrical Commission, pursuant to chapter 1-26 . A 501(d) licensee is restricted to wiring on 501(d) properties within the State of South Dakota. 501(d) is the reference to the federal internal revenue code that provides the exemption for a religious or apostolic association or corporation.

Source: SL 1963, ch 216, § 2; SL 1967, ch 128, § 1; SL 1986, ch 315, § 3; SL 1987, ch 273, § 1; SL 1991, ch 308, § 6; SL 1994, ch 351, § 78; SL 2009, ch 183, § 1; SL 2021, ch 177, § 1.
S.D. Codified Laws § 36-11-46.6 — SD Code / Title 36 / Chapter 11 / Section 36-11-46.6
Label to contain drug name--Form when generic equivalent selected--Contents of prescription files--Label information
Status: in_force

The pharmacist shall, unless otherwise instructed by the prescriber, label the prescription container with the name of the dispensed drug. If the dispensed drug does not have a brand name, the prescription label shall indicate the generic name or the United States Pharmacopoeia pharmacy equivalent name of the drug dispensed. If a pharmacist selects a generically equivalent drug product for the brand name drug product prescribed, the prescription container label shall identify the generic name and may identify the brand name for which the selection is made. The dual identification allowed under this section shall take the form of the following statement on the prescription container label: "(generic name) Generic for (brand name)". The pharmacy file copy of each prescription shall include the brand name, if any, or the name of the manufacturer, labeler, or distributor of the drug product dispensed. The prescription container label shall include all information required by federal and state law or by rule promulgated by the board pursuant to chapter 1-26 .

Source: SL 1990, ch 306, § 5; SL 1993, ch 278, § 6; SL 2001, ch 201, § 1.
S.D. Codified Laws § 36-11A-22 — SD Code / Title 36 / Chapter 11A / Section 36-11A-22
Manufacturer's exclusive distributor defined
Status: in_force

For the purposes of §§ 36-11A-20 to 36-11A-46 , inclusive, a manufacturer's exclusive distributor is any person who contracts with a manufacturer to provide or coordinate warehousing, distribution, or other services on behalf of a manufacturer and who takes title to that manufacturer's prescription drug, but who does not have general responsibility to direct the sale or disposition of the manufacturer's prescription drug. Such manufacturer's exclusive distributor must be licensed as a wholesale distributor under §§ 36-11A-20 to 36-11A-46 , inclusive, and to be considered part of the normal distribution channel must also be an authorized distributor of record.

Source: SL 2007, ch 215, § 4.
S.D. Codified Laws § 36-21C-12 — SD Code / Title 36 / Chapter 21C / Section 36-21C-12
Fees and fines paid to commission fund
Status: in_force

All fees and any fines imposed by the commission shall be paid to the fund of the commission.

Source: SL 2000, ch 194, § 12.
S.D. Codified Laws § 36-9-8.1 — SD Code / Title 36 / Chapter 9 / Section 36-9-8.1
Qualifications of public members of board
Status: in_force

No person may qualify for appointment as a public member if that person serves as a member of any other state licensing board or is engaged for compensation in the provision of health services or the provision of health research, instruction, or insurance.

Source: SL 1976, ch 228, § 10; SL 2016, ch 194, § 8.
S.D. Codified Laws § 36-20B-42 — SD Code / Title 36 / Chapter 20B / Section 36-20B-42
Investigating officer--Confidentiality of information
Status: in_force

If an investigation committee determines a complaint or other information suggesting a violation under § 36-20B-41 lacks probable cause, the report of the investigating committee, the complaint, if any, the testimony and documents submitted in support of the complaint or gathered in the investigation, and the fact of pendency of the investigation must be treated as confidential information and may not be disclosed to any person except law enforcement authorities and, to the extent considered necessary in order to conduct the investigation, the subject of the investigation, the person whose complaint is being investigated, and any witness questioned in the course of the investigation.

Source: SL 2002, ch 179, § 43; SL 2021, ch 168, § 28.
S.D. Codified Laws § 36-21A-86 — SD Code / Title 36 / Chapter 21A / Section 36-21A-86
Procedure on revocation of license--Appeal
Status: in_force

No license may be revoked except in compliance with chapter 1-26 . An appeal from the decision of the commission may be taken as provided by chapter 1-26 .

Source: SL 1992, ch 273, § 86.
S.D. Codified Laws § 36-21A-12.1 — SD Code / Title 36 / Chapter 21A / Section 36-21A-12.1
Residential rental agent defined--Promulgation of rules for licensing requirements
Status: in_force

For the purposes of this chapter, a residential rental agent is any person who for compensation or consideration is associated with a real estate broker or property manager to negotiate or attempt to negotiate the rental or leasing of residential property, or collect rents or attempt to collect rents. The Real Estate Commission may promulgate rules pursuant to chapter 1-26 to establish requirements for licensing a residential rental agent.

Source: SL 2000, ch 197, § 1.
S.D. Codified Laws § 36-31-19 — SD Code / Title 36 / Chapter 31 / Section 36-31-19
When license may be reissued or reinstated--Provision for automatic reinstatement
Status: in_force

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

Source: SL 1986, ch 323, § 19.
S.D. Codified Laws § 36-6A-47.1 — SD Code / Title 36 / Chapter 6A / Section 36-6A-47.1
Criteria for license to practice as dental hygienist for person licensed in another state
Status: in_force

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

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

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

(3) The applicant is currently an active, competent practitioner, having completed a minimum of three thousand dental hygiene clinical practice hours within the five years immediately preceding the date of application;

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

(5) The applicant has passed a clinical regional or national examination approved by the board or a state examination or examinations that the board deems equivalent;

(6) The applicant currently holds a valid license in another state;

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

(8) The licensure requirements in the other state are in the judgment of the board the same as or higher than those required by this state;

(9) The applicant provides references that indicate the applicant is of good moral character; and

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

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

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

Source: SL 2015, ch 199, § 53.
S.D. Codified Laws § 36-6A-13 — SD Code / Title 36 / Chapter 6A / Section 36-6A-13
Immunity from liability
Status: in_force

The board, its members, and its agents are immune from personal liability for actions taken in good faith in the discharge of the board's duties. 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 this immunity applies.

Source: SL 1981, ch 275, § 7; SL 1992, ch 269, § 12; SL 2015, ch 199, § 11.
S.D. Codified Laws § 36-4B-7 — SD Code / Title 36 / Chapter 4B / Section 36-4B-7
Educational programs--Emergency medical personnel--Standards--Board approval
Status: in_force

The board shall approve educational programs for the instruction of emergency medical services personnel provided the programs meet or exceed the standards established for certification by the National Registry of Emergency Medical Technicians, as of January 1, 2024.

A person may not offer a program for the instruction of emergency medical services personnel without first receiving approval by the board, in accordance with this section.

Source: SL 1978, ch 269, § 10; SL 1992, ch 268, § 4; SL 2021, ch 172, § 4; SL 2024, ch 153, § 4.