S.D. Codified Laws § 36-29A-1 — SD Code / Title 36 / Chapter 29A / Section 36-29A-1
Athletic trainer licensure compact
Status: in_force

ATHLETIC TRAINER COMPACT

SECTION 1. TITLE AND PURPOSE

This statute shall be known and cited as the Athletic Trainer Compact. The purposes of this compact are to expand the mobility of Athletic Training practice and improve public access to services by providing qualified Licensed Athletic Trainers the ability to practice in other Member States. This compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure.

This compact is designed to achieve the following objectives:

A. Increase public access to Athletic Training and enhance continuity of care by providing for the mutual recognition of other Licenses issued by Member States;

B. Provide an additional streamlined opportunity for interstate practice by Licensed Athletic Trainers who meet compact uniform requirements;

C. Promote mobility and workforce development by eliminating the necessity for Licenses in multiple States by providing for the mutual recognition of other Licenses issued by member States;

D. Reduce administrative burdens on Licensed Athletic Trainers and Member States;

E. Enhance the States' ability to protect the public's health and safety;

F. Encourage the cooperation of Member States in regulating interstate practice of Licensed Athletic Trainers;

G. Support relocating Active Military Members and their spouses;

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

I. Allow for the use of telehealth to facilitate increased access to Athletic Training services;

J. Support the uniformity of Licensed Athletic Trainer licensure requirements throughout the States;

K. Affirm the authority of all Member States to hold a Licensed Athletic Trainer accountable for abiding by the Scope of Practice in the State in which the patient is located at the time; and

L. Require adherence to the Model Compact Language in order to promote uniformity and ensure that all Member States have accepted and are mutually obligated to the same terms.

SECTION 2. DEFINITIONS

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

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

B. "Adverse Action" means any administrative, civil, equitable, or criminal action permitted by a State's laws which is imposed by a Licensing Authority or other authority against a Licensee, including actions against an individual's License or Compact Privilege such as revocation, suspension, probation, monitoring of the Licensee, limitation on the Licensee's practice, or any other Encumbrance on licensure affecting a Licensee authorization to practice.

C. "Alternative Program" means a non-disciplinary monitoring or practice remediation process applicable to an Athletic Trainer approved by a State Licensing Authority of a Member State in which the Athletic Trainer is licensed. This includes, but is not limited to, programs to which Licensees with substance use, addiction, or mental health conditions are referred in lieu of Adverse Action.

D. "Athletic Training" means the prevention, examination, assessment, treatment, and rehabilitation of emergent, acute, or chronic injuries and medical conditions as defined by applicable Member state laws and regulations.

E. "Athletic Trainer Compact Commission" or "Commission" means the government agency whose membership consists of all States that have enacted this compact, as described herein and which shall operate as an instrumentality of the Member States to administer and implement the compact according to its terms.

F. "BOC" means the Board of Certification, Inc. or any successor organization thereto.

G. "CAATE" means the Commission on Accreditation of Athletic Training Education or any successor organization thereto.

H. "Charter Member State" means any Member State which enacted and made effective this compact by law before the compact effective date specified herein.

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

J. "Compact Privilege" means the legal authorization granted by a Remote State, equivalent to a License, allowing a Licensee from another Member State to provide Athletic Training services in a Remote State.

K. "Compact Qualifying License" means a License that is not an Encumbered License issued by a Member State to practice Athletic Training which qualifies the Licensee to exercise a Compact Privilege pursuant to Section 4 of this Compact.

L. "Continuing Competence" means a requirement, as a condition of License renewal, to provide evidence of successful participation, and completion of, educational and professional activities relevant to the practice or area of work. For purposes of this compact, evidence of active BOC certification may satisfy the meaning of Continuing Competence as set forth herein.

M. "Current Significant Investigative Information" means the existence of:

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

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

N. "Criminal Background Check" means the submission of fingerprints or other biometric-based information for a License applicant for the purpose of obtaining that applicant's criminal history record information, as defined in 28 C.F.R. § 20.3(d) from the Federal Bureau of Investigation and the State's criminal history record repository as defined in 28 C.F.R. § 20.3(f).

O. "Data System" means the Commission's repository of information about Licensees, including, but not limited to, examination, licensure, investigative, Compact Privilege, Adverse Action, and Alternative Program.

P. "Encumbrance," or "Encumbered" means a revocation or suspension of, or any limitation or condition on, the full and unrestricted practice of Athletic Training.

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

R. "Investigative Information" means information, records, and documents received or generated by a Licensing Authority pursuant to an investigation.

S. "Jurisprudence Requirement" means the assessment of an individual's knowledge of the laws and Rules governing the practice of Athletic Training, as applicable, in a State.

T. "License" means current authorization by a Member State to engage in the practice of Athletic Training.

U. "Licensee" or "Licensed Athletic Trainer" means an individual who currently holds an active, unrestricted License and who meets all of the requirements outlined in Section 4 of this compact.

V. "Licensing Authority" means the board or agency of a State, or equivalent, that is responsible for the licensing and regulation of Athletic Trainers.

W. "Model Compact Language" the model language for the Athletic Trainer Compact on file with The Council of State Governments or other entity as designated by the Commission to which all Member States must substantively adhere and adopt.

X. "Member State" means a State that has enacted the compact.

Y. "Remote State" means a Member State other than the State of Qualifying Licensure.

Z. "Rule" means a regulation promulgated by an authorized entity that has the force of law.

AA. "Scope of Practice" means the procedures, actions, and processes an Athletic Trainer licensed in a State is permitted to undertake in that State and the circumstances under which the Licensee is permitted to undertake those procedures, actions, and processes. Such procedures, actions, and processes and the circumstances under which they may be undertaken may be established through means, including, but not limited to, statute, regulations, case law, and other processes available to the State Licensing Authority or other government agency. Scope of Practice shall include any State requirements regarding supervision or direction, if required by such State and as further defined by such State's statutes and regulations.

BB. "Single State License" means a License issued by any State that authorizes practice only within the issuing State.

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

DD. "State of Qualifying Licensure" means the Member State who has issued a Compact Qualifying License to a Licensee pursuant to this compact.

EE. "Unencumbered License" means a License that authorizes a Licensee to engage in the full and unrestricted practice of Athletic Training.

SECTION 3. STATE PARTICIPATION IN THE COMPACT

A. To be eligible to join this compact and to maintain eligibility as a Member State, a State must:

1. Enact and maintain a statute that is not materially different from the Model Compact Language;

2. License and regulate the practice of Athletic Training;

3. Require that Licensees in that State maintain Continuing Competence standards as part of their State practice act or Rules;

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

5. Grant the Compact Privilege to a Licensee who meets all the requirements outlined in Section 4 in accordance with the terms of the compact and any Rules promulgated thereunder;

6. Participate fully in the Compact Commission's Data System, including using the unique identifier as defined in Rules;

7. Notify the Compact Commission, in compliance with the terms of the Compact and Rules, of any Adverse Action or the availability of Current Significant Investigative Information regarding a Licensee;

8. Within a time frame established by Rule, implement or utilize procedures for considering the criminal history records of applicants for a Compact Qualifying License, which includes receiving the results of the Federal Bureau of Investigation record search, and use those results in making licensure decisions. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that State's criminal records; and

a. A Member State must fully implement a Criminal Background Check requirement in order to participate in the issuance and acceptance of Compact Privileges.

b. Communication between a Member State and the Compact Commission or among Member States regarding the verification of eligibility for licensure through the compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a Member State.

9. Comply with and enforce the Rules of the Compact Commission.

B. Member States may set and collect a fee for issuance and renewal of a Compact Privilege to applicants.

C. Individuals without a Compact Qualifying License shall continue to be able to apply for a Member State's Single State License as provided under the laws of each Member State.

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

E. A Compact Qualifying License shall be recognized by each Remote State as authorizing that Licensee to engage in the practice of Athletic Training, under a Compact Privilege, in another Member State in accordance with the requirements in Section 4.

SECTION 4. COMPACT PRIVILEGE

A. To be eligible for a Compact Privilege under the terms and provisions of the compact, the Licensee shall complete a Criminal Background Check performed by the Licensing Authority in the State of Qualifying Licensure prior to entry in the compact and shall:

1. Satisfy one of the following two pathways:

a. Hold a valid current active certification through the BOC, or its successor organization; or

b. If a Licensee does not meet the requirements of 4.A.1.a., the following must be completed:

i. An education program which is either:

1. At least a bachelor's degree with a major course of study in Athletic Training, or an equivalent course of study from a college or university accredited at the time of graduation by CAATE, or its successor organization;

2. An academic degree from a college or university in a foreign country equivalent to the degree described in subparagraph 1 of this subsection with a major course of study as described in subparagraph 1 of this subsection that is accredited by CAATE, or its successor organization; or

3. The substantial equivalent of the foregoing which the Commission may determine by Rule.

ii. Successful completion of the exam administered by the BOC, or its successor organization, preceding the date of the Licensee's application for Licensure in the Licensee's State of Qualifying Licensure or the substantial equivalent of the foregoing requirement which the Commission may determine by Rule.

2. Hold a Compact Qualifying License;

3. Have not had any Encumbrance against any License or Compact Privilege to practice Athletic Training within the previous two years;

4. Be eligible for a Compact Privilege in any Member State in accordance with Section 4;

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

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

7. Meet only the Continuing Competence requirements established by the State of Qualifying Licensure;

8. Comply with any requirements of the State of Qualifying Licensure as set forth in Section 3;

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

10. Report to the Compact Commission any Adverse Action, Encumbrance, or restriction on a License taken by any non-Member State within thirty days from the date the action is taken.

B. The Compact Privilege is valid until the expiration date of the Compact Qualifying License. To maintain a Compact Privilege, renewal of the Compact Privilege shall be congruent with the renewal of the Compact Qualifying License as the Compact Commission may define by Rule. The Licensee must comply with the requirements of this section to maintain the Compact Privilege in the Remote State. A Licensee may apply for and hold Compact Privileges in multiple Member States.

C. A Licensed Athletic Trainer must follow the Scope of Practice of the Member State where the patient is located. A Licensee engaging in the practice of Athletic Training in a Remote State under the Compact Privilege shall adhere to the Scope of Practice laws and regulations of the Remote State. Licensees shall be responsible for educating themselves on, and complying with, any and all Scope of Practice laws and regulations and State laws relating to the remote practice of Athletic Training, as applicable.

D. A Licensee engaging in the practice of Athletic Training in a Remote State is subject to that State's regulatory authority. A Remote State may, in accordance with due process and that State's laws, remove a Licensee's Compact Privilege in the Remote State for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its citizens. Any Member State which undertakes such an action shall promptly notify the Member State and the Commission as specified in the Rules. The Licensee may be deemed to be ineligible to exercise the Compact Privilege by any Member State until the specific time for removal has passed and all fines are paid.

E. All Member State disciplinary orders that impose Adverse Action against a Compact Qualifying License shall result in deactivation of the Licensee's Compact Privilege in all Member States during the pendency of the order. If a Compact Qualifying License is Encumbered, the Licensee shall lose the Compact Privilege in any Remote State until the following occur:

1. The Compact Qualifying License is no longer Encumbered; and

2. The Licensee has not had any Encumbrance or restriction against any License, Compact Qualifying License, or Compact Privilege within the previous two years.

F. Once an Encumbered License is restored to good standing as a Compact Qualifying License as certified by the Licensing Authority, the Licensee must meet the requirements of this section to obtain a Compact Privilege in any Remote State.

G. If a Licensee's Compact Privilege in any Remote State is removed, that Licensee may also lose the Compact Privilege in other Remote States, as each Member State shall determine in its sole authority, until the following occur:

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

2. All fines have been paid; and

3. The Licensee has not had any Encumbrance or restriction against any License or Compact Privilege within the previous two years.

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

SECTION 5: COMPACT QUALIFYING LICENSE

A. A Licensee may only designate one License as the Licensee's Compact Qualifying License at a time. The procedures for such designation may be further defined by Compact Commission Rule.

B. Nothing in this Section shall require that the State of Qualifying Licensure be the State of primary residence or State of primary practice for the Licensee.

C. Nothing in this Compact shall interfere with a Licensee's ability to hold a Single State License in multiple States.

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

SECTION 6. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES

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

SECTION 7. ADVERSE ACTIONS

A. A Member State in which a Licensee is issued a Compact Qualifying License shall have the exclusive authority to impose Adverse Action against the Compact Qualifying License issued by that Member State.

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

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

D. A Remote State shall have the authority to:

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

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

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

b. A Member State which issues a subpoena may request service of that subpoena by another Member State. The Member State receiving the request to serve a subpoena shall serve the subpoena if it is deemed enforceable by a court of competent jurisdiction according to the practice and procedure in the receiving Member State.

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

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

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

H. Joint Investigations:

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

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

3. A Remote State may issue subpoenas on behalf of a Member State for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence.

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

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

SECTION 8. ESTABLISHMENT AND OPERATION OF THE COMMISSION

A. The compact Member States hereby create and establish a joint government agency whose membership consists of all Member States that have enacted the compact known as the Athletic Trainer Licensure Compact Commission. The Compact Commission is an instrumentality of the Member States acting jointly and not an instrumentality of any one State. The Compact Commission shall come into existence on or after the effective date of the Compact as set forth in Section 12.

B. Membership, Voting, and Meetings:

1. Each Member State shall have and be limited to one Commissioner selected by that Member State's Licensing Authority within sixty days of the Member State's effective date.

2. The Commissioner shall be an administrator or the administrator's designated staff or current board member of the Licensing Authority.

3. The Compact Commission may recommend removal or suspension of any Commissioner from office.

4. A Member State's Licensing Authority shall fill any vacancy of its Commissioner occurring on the Compact Commission within sixty days of the vacancy.

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

6. The Compact Commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the Commission bylaws. A Commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for Commissioners to meet by telecommunication, videoconference, or other means of communication.

C. The Compact Commission shall have the following powers:

1. Promulgate, adopt, and amend Rules and bylaws;

2. Establish code of conduct, confidentiality, and conflict of interest policies for Commissioners;

3. Establish the fiscal year of the Compact Commission;

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

5. Purchase and maintain insurance and insurance bonds;

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

7. Conduct a financial review or audit;

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

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

10. Assess and collect fees;

11. Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the Compact Commission shall avoid any appearance of impropriety or conflict of interest;

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

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

14. Establish a budget and make expenditures;

15. Borrow and invest money;

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

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

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

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

20. Determine whether a State's adopted language is materially different from the Model Compact Language such that the State would not qualify for participation in the compact;

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

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

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

D. The Executive Committee:

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

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

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

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

d. Ensure compact administration services are appropriately provided, including by contract;

e. Prepare and recommend the budget;

f. Maintain financial records on behalf of the Compact Commission;

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

h. Establish additional committees as necessary; and

i. Other duties as provided in the Rules or bylaws of the Compact Commission.

2. The Executive Committee shall be composed of five voting members, elected by the Compact Commission:

a. The chair and vice chair of the Compact Commission shall be voting members of the Executive Committee;

b. The Compact Commission shall elect up to three additional voting members from the current membership of the Compact Commission to include the offices of treasurer, secretary, and one member-at-large; and

c. Up to four ex-officio, nonvoting members from recognized national athletic trainer organizations.

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

4. The Executive Committee shall meet at least annually:

a. Executive Committee meetings shall be open to the public, except that the Executive Committee may meet in a closed, non-public meeting as provided in this section.

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

c. The Executive Committee may hold a special meeting in accordance with this section.

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

F. Meetings of the Compact Commission:

1. All meetings shall be open to the public, except that the Compact Commission may meet in a closed, non-public meeting as provided in this section.

2. Public notice for all meetings of the full Compact Commission shall be given in the same manner as required under the rulemaking provisions in this compact, except that the Compact Commission may hold a special meeting as provided in this section.

3. The Compact Commission may hold a special meeting when it must meet to conduct emergency business by giving twenty-four hours' notice to all Commissioners, on the Compact Commission's website, and other means as provided in the Compact Commission's Rules. The Compact Commission's legal counsel shall certify that the Compact Commission's need to meet qualifies as an emergency.

4. The Compact Commission or the Executive Committee or other committees of the Compact Commission may convene in a closed, non-public meeting for the Compact Commission or Executive Committee or other committees of the Compact Commission to receive legal advice or to discuss:

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

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

c. Current or threatened discipline of a Licensee by a Member State's Licensing Authority;

d. Current, threatened, or reasonably anticipated litigation;

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

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

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

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

i. Investigative records compiled for law enforcement purposes;

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

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

l. Other matters as specified in Rules of the Compact Commission.

5. If a meeting, or portion of a meeting, is closed, the Compact Commission's legal counsel or designee shall certify that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Compact Commission or order of a court of competent jurisdiction.

G. Financing of the Compact Commission:

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

2. The Compact Commission may accept any and all appropriate revenue sources as provided in this section.

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

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

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

H. Qualified Immunity, Defense, and Indemnification:

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

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

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

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

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

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

SECTION 9. DATA SYSTEM

A. The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated Data System and reporting system containing licensure, Compact Privileges, Adverse Action, and the presence of Current Significant Investigative Information on all Licensees and applicants for a License in Member States.

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

1. Personally identifying information;

2. Licensure data;

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

4. Non-confidential information related to Alternative Program participation, the beginning and ending dates of such participation, and other information related to such participation;

5. Any denial of an application for licensure, and the reason(s) for such denial, excluding the reporting of any criminal history record information where prohibited by law;

6. A binary determination regarding the presence of Current Significant Investigative Information; and

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

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

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

E. It is the responsibility of the Member States to monitor the Data System to determine whether Adverse Action has been taken against a Licensee or License applicant. Adverse Action information pertaining to a Licensee or License applicant in any Member State will be available to any other Member State.

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

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

SECTION 10. RULEMAKING

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

B. The Rules of the Compact Commission shall have the force of law in each Member State, provided however that where the Rules conflict with the laws or regulations of a Member State that relate to the Scope of Practice a Licensed Athletic Trainer is permitted to undertake in that State and the circumstances under which they may do so, as held by a court of competent jurisdiction, the Rules of the Compact Commission shall be ineffective in that State to the extent of the conflict.

C. The Compact Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the Rules adopted thereunder. Rules of this compact shall become binding on the day following adoption or as of the date specified in the Rule or amendment, whichever is later.

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

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

F. Prior to adoption of a proposed Rule, the Compact Commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments. At least thirty days in advance of the public hearing on the proposed Rule, the Compact Commission shall provide a notice of proposed rulemaking:

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

2. To persons who have requested notice of the Compact Commission's notices of proposed rulemaking; and

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

G. The notice of proposed rulemaking shall include:

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

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

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

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

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

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

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

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

1. The Compact Commission may adopt changes to the proposed Rule provided the changes do not enlarge the original purpose of the proposed Rule.

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

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

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

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

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

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

4. Protect public health and safety.

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

M. No Member State's rulemaking requirements shall apply under this Compact.

SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A. Oversight:

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

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

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

B. Default, Technical Assistance, and Termination:

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

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

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

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

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

F. Upon the termination of a State's membership from this compact, that State shall immediately provide notice to all Licensees within that State of such termination. The terminated State shall continue to recognize all Licenses and Compact Privileges granted pursuant to this compact for a minimum of one hundred eighty days after the date of said notice of termination.

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

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

I. Dispute Resolution:

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

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

J. Enforcement:

1. By two-thirds majority vote, the Compact Commission may initiate legal action against a Member State in default in the United States District Court for the District of Columbia or the federal district where the Compact Commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the Compact Commission. The Compact Commission may pursue any other remedies available under federal or the defaulting Member State's law.

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

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

SECTION 12. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT

A. The Compact shall come into effect on the date on which the compact statute is enacted into law in the seventh Member State.

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

a. A Charter Member State whose enactment is found to be materially different from the Model Compact Language shall be entitled to the default process set forth in Section 11.

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

2. Member States enacting the compact subsequent to the seven initial Charter Member States shall be subject to the process set forth in this section to determine if their enactments are materially different from the model Compact statute and whether they qualify for participation in the Compact.

3. All actions taken for the benefit of the Compact Commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the Compact Commission coming into existence shall be considered to be actions of the Compact Commission unless specifically repudiated by the Compact Commission.

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

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

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

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

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

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

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

SECTION 13. CONSTRUCTION AND SEVERABILITY

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

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

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

SECTION 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS

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

B. Any laws, statutes, regulations, or other legal requirements in a Member State in conflict with the compact are superseded to the extent of the conflict.

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

Source: SL 2026, ch 162, § 2.
S.D. Codified Laws § 36-9C-10 — SD Code / Title 36 / Chapter 9C / Section 36-9C-10
Removal of member
Status: in_force

The Governor may remove any member from the board for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct.

Source: SL 2017, ch 172, § 10.
S.D. Codified Laws § 36-20B-33 — SD Code / Title 36 / Chapter 20B / Section 36-20B-33
Compliance with certain standards required
Status: in_force

An applicant for initial issuance or renewal of a permit to practice under this chapter shall comply with the following:

(1) Notwithstanding any other provision of law, a majority of the owners of the firm, in terms of financial interests and voting rights, are holders of a certificate and are licensed in some state, and the owners whose principal place of business is in this state and who perform professional services in this state hold a valid certificate issued under this chapter or the corresponding provision of prior law or are public accountants registered under this chapter. Firms may include nonlicensee owners. However, the firms shall be controlled by the majority vote of owners who are holders of a certificate and who are licensed in some state, and the control may not be relinquished by contract, such as through veto rights held by owners of less than a majority of the owners. The firm and its ownership shall comply with rules promulgated by the board pursuant to chapter 1-26 . For firms of public accountants, at least a majority of the owners of the firm shall be holders of registrations under this chapter. An individual who has practice privileges under the provisions of § 36-20B-66 or 36-20B-67 who performs services for which a firm permit is required pursuant to § 36-20B-70 is not required to obtain a certificate from this state pursuant to § 36-20B-13 ;

(2) Any CPA or PA firm as defined in this chapter may include nonlicensee owners if the firm designates a licensee of this state, or, in the case of a firm that is required to obtain a permit pursuant to § 36-20B-70 , a licensee of another state who meets the requirements set forth in § 36-20B-66 or 36-20B-67 , who is responsible for the proper registration of the firm and identifies non-license owners to the board;

(3) All nonlicensee owners are active individual participants in the CPA or PA firm or an affiliated entity;

(4) The firm complies with such other requirements as the board may establish by rule promulgated pursuant to chapter 1-26 ;

(5) Any individual licensee or individual with practice privileges under the provisions of § 36-20B-66 or 36-20B-67 who is responsible for supervising attest or compilation services and signs or authorizes another individual to sign the accountant's report on behalf of the firm shall meet the experience requirements set out in the professional standards for the services; and

(6) Any individual licensee or individual with practice privileges under the provisions of § 36-20B-66 or 36-20B-67 who signs or authorizes an individual to sign the accountant's report on behalf of the firm shall meet the experience requirement of this chapter.

An applicant for initial issuance or renewal of a permit to practice shall register the firm within this state with the board and show that all attest and compilation services rendered in this state are under the charge of a person holding a valid certificate issued under this chapter or the corresponding provision of prior law or some other state.

Source: SL 2002, ch 179, § 34; SL 2009, ch 185, § 8; SL 2013, ch 175, § 4; SL 2019, ch 170, § 3.
S.D. Codified Laws § 36-27A-33 — SD Code / Title 36 / Chapter 27A / Section 36-27A-33
Enjoining or restraining violations
Status: in_force

A person violating the provisions of this chapter may be enjoined from further violations by an action brought by the state's attorney of the county where the violations occurred or by action brought by any citizen in this state. The attorney general, the Board of Examiners of Psychologists or the state's attorney may apply to the circuit court for the county in which a violation of this chapter is alleged to have occurred for an order enjoining or restraining the commission or continuance of the acts.

Source: SL 1976, ch 235, § 42; SDCL Supp, § 36-27-48; SL 1981, ch 281, § 34.
S.D. Codified Laws § 36-4C-12 — SD Code / Title 36 / Chapter 4C / Section 36-4C-12
Renewal of license
Status: in_force

The license of every person licensed under the provisions of this chapter shall be renewed biennially. The expiration date shall be established by the board. The board shall mail a notice for renewal of license to the last known address of each licensee currently licensed, at least ninety days prior to the expiration date of the license. The licensee shall return the notice with the required fee to the board before the expiration date. Upon receipt of the notice and fee, the board shall issue to the licensee a certificate of renewal. Failure to receive the notice for renewal of license does not relieve the licensee of the responsibility for renewing the license and paying the renewal fee within the prescribed time. Failure of a licensee to renew the license constitutes a forfeiture of such license. However, any person who has forfeited a license under this chapter may have it restored by making written application and payment of the biennial renewal fee and the late renewal fee. Late renewal of a license may not be granted more than one year after its expiration. The board may establish, by rule, promulgated pursuant to chapter 1-26 , requirements for continuing education or retesting for any person who has not been licensed for a continuous period of time greater than one year. The board may establish additional requirements for license renewal which may include evidence of continuing competency.

Source: SL 1993, ch 273, § 12; SL 1994, ch 294, § 3.
S.D. Codified Laws § 36-18A-73 — SD Code / Title 36 / Chapter 18A / Section 36-18A-73
Certification required for environmental technical services--Violation as misdemeanor
Status: in_force

No person or business entity may perform environmental technical services without certification. A violation of this section is a Class 1 misdemeanor.

Source: SL 1999, ch 195, § 73.
S.D. Codified Laws § 36-6A-49.3 — SD Code / Title 36 / Chapter 6A / Section 36-6A-49.3
Teledentistry services to patient located in state is practice of dentistry in state
Status: in_force

Any person who, while located outside this state, practices dentistry through teledentistry and provides the dental services to a patient located in this state, is engaged in the practice of dentistry in this state.

Source: SL 2015, ch 199, § 60.
S.D. Codified Laws § 36-13-1.1 — SD Code / Title 36 / Chapter 13 / Section 36-13-1.1
Lay member of board
Status: in_force

The membership of the board shall include one lay member who is a user of the services regulated by the board. The term, lay member who is a user, refers to a person who is not licensed by the board but, if practical, uses the service licensed. The term shall be liberally construed to implement the purpose of this section. The Governor shall appoint the lay member. The lay member shall have the same term of office as other members of the board. No lay member of the board may serve more than three consecutive full terms.

Source: SL 1973, ch 2, § 58; SL 2005, ch 199, § 41; SL 2008, ch 195, § 4.
S.D. Codified Laws § 36-15-2.1 — SD Code / Title 36 / Chapter 15 / Section 36-15-2.1
Acts not constituting practice of cosmetology
Status: in_force

None of the following constitute the practice of cosmetology:

(1) Any person practicing permanent removal of hair by the use of a galvanic or thermalytic needle known as electrolysis;

(2) Any retailer at a retail establishment who in the ordinary course of business is engaged in the demonstration of make - up if:

(a) The make - up is applied only with disposable applicators that are discarded after each customer demonstration;

(b) The demonstration is without charge to the person to whom the demonstration is given; and

(c) The retailer does not advertise or provide a cosmetology service except the sale of make - up and fragrances.

Source: SL 2003, ch 202, § 3.
S.D. Codified Laws § 36-18A-29 — SD Code / Title 36 / Chapter 18A / Section 36-18A-29
Land surveyor qualifications--Board to establish criteria
Status: in_force

Any applicant for licensure as a land surveyor shall provide the following evidence satisfactory to the board:

(1) Graduation from an accredited engineering or land surveying college, university, or technical program with a minimum of twenty credit hours of surveying curriculum, or substituted experience, in whole or part, acceptable to the board;

(2) Completion of the minimum number of years of diversified surveying experience under the supervision of a licensed land surveyor; and

(3) Successful completion of examinations.

The board shall promulgate rules pursuant to chapter 1-26 to establish education, experience, and examination criteria.

Source: SL 1999, ch 195, § 29.
S.D. Codified Laws § 36-9-49 — SD Code / Title 36 / Chapter 9 / Section 36-9-49
Grounds for denial, revocation, or suspension of license or application
Status: in_force

In compliance with chapter 1-26 , the board may deny an application for licensure or may deny, revoke, or suspend a license and may take other disciplinary or corrective action the board considers appropriate in addition to or in lieu of such an action upon proof that the applicant or licensee has:

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

(2) Been convicted of a felony. The conviction of a felony means the conviction of any offense which, if committed within the State of South Dakota, would constitute a felony under its laws;

(3) Engaged in the practice of nursing under a false or incorrect name or under a fictitious or assumed business name which has not been registered pursuant to chapter 37-11 or impersonated another licensee of a like or different name;

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

(5) Negligently, willfully, or intentionally acted in a manner inconsistent with the health or safety of a person entrusted to the applicant's or licensee's care;

(6) Had a license or privilege to practice as a registered nurse, licensed practical nurse, certified registered nurse anesthetist, or clinical nurse specialist denied, revoked, or suspended or had other disciplinary action taken in another state, territory, or foreign country;

(7) Violated any provisions of this chapter or the rules promulgated under it;

(8) Aided or abetted an unlicensed or uncertified person to practice nursing;

(9) Engaged in the practice of nursing during a time the applicant's or licensee's license is lapsed, on inactive status, suspended, or revoked;

(10) Engaged in unsafe nursing practice, substandard care, or unprofessional or dishonorable conduct;

(11) Exercised influence within the nurse-patient relationship for the purpose of engaging a patient in sexual activity. For the purpose of this subdivision, the patient is presumed incapable of giving free, full, and informed consent to sexual activity with the nurse; or

(12) Engaged in gross sexual harassment or sexual contact.

Source: SDC 1939, § 27.0906; SL 1947, ch 123, § 9; SL 1949, ch 109, § 10; SL 1955, ch 91, §§ 6, 9; SDC Supp 1960, §§ 27.0906, 27.0909 (1), (2); SL 1967, ch 101, §§ 6, 9 (1), (2); SDCL §§ 36-9-48 , 36-9-51 ; SL 1976, ch 228, §§ 36 to 38; SL 1979, ch 255, § 44; SL 1993, ch 276, § 1; SL 1994, ch 299, § 1; SL 1995, ch 217, § 5; SL 2000, ch 192, § 5; SL 2005, ch 199, § 22; SL 2016, ch 194, § 30.
S.D. Codified Laws § 36-35-24 — SD Code / Title 36 / Chapter 35 / Section 36-35-24
Promulgation of rules
Status: in_force

The board may promulgate rules pursuant to chapter 1-26 to establish:

(1) The form and information required for any license application;

(2) A list of recognized facilities or instructors who may provide training or instruction required for licensure or continuing education requirements;

(3) The amount of license fees;

(4) The procedures for placing a license on inactive status and the procedures to regain active licensure; and

(5) Approval of national competency examinations.

Source: SL 2005, ch 206, § 24; SL 2007, ch 223, § 6; SL 2013, ch 184, § 16; SL 2016, ch 197, § 17.
S.D. Codified Laws § 36-4B-23 — SD Code / Title 36 / Chapter 4B / Section 36-4B-23
Sponsoring organization individuals--Immunity--Exceptions
Status: in_force

No principal, agent, contractor, employee or representative of an agency, organization, institution, corporation, or entity of state or local government that sponsors, authorizes, supports, finances or supervises the functions of emergency medical services personnel is liable for any civil damages for any act or omission in connection with the sponsorship, authorization, support, finance or supervision of the personnel, where the act or omission occurs in connection with the personnel's training, or occurs outside a hospital where the life of a patient is in immediate danger, unless the act or omission is inconsistent with the training of the personnel or the act or omission was the result of gross negligence or willful misconduct.

Source: SL 1978, ch 269, § 23; SL 2024, ch 153, § 21.
S.D. Codified Laws § 36-24-48 — SD Code / Title 36 / Chapter 24 / Section 36-24-48
Telehealth services
Status: in_force

A licensed hearing aid dispenser or audiologist may provide services via telehealth pursuant to chapter 34-52 . Any service delivered via telehealth must be equivalent to the quality of services delivered face-to-face.

Source: SL 2024, ch 159, § 28.
S.D. Codified Laws § 36-5-16 — SD Code / Title 36 / Chapter 5 / Section 36-5-16
Grounds for refusal or revocation of license--Procedure
Status: in_force

The board may, in compliance with chapter 1-26 , refuse to grant a license to any person otherwise qualified, and may revoke the license of any chiropractor who is not of good moral character; who solicits professional patronage by agents; who is guilty of unprofessional conduct, incompetency, habitual intoxication, the use of narcotics, fraud, or deception; who shall be convicted of a felony; or who practices contrary to the provisions of this chapter or the rules of the board. The board shall define by rule the foregoing grounds for revocation and refusal.

Source: SDC 1939, § 27.0509; SL 1939, ch 101, § 5; SDC Supp 1960, § 27.0505; SL 1975, ch 232, § 10; SL 2005, ch 199, § 14.
S.D. Codified Laws § 36-20B-47 — SD Code / Title 36 / Chapter 20B / Section 36-20B-47
Appearance at hearing--Examination and presentation of witnesses and evidence--Subpoenas
Status: in_force

The respondent licensee shall appear at the hearing as required by § 36-1C-10 . An individual with practice privileges granted under the provisions of § 36-20B-66 or 36-20B-67 may appear at the hearing in person or, in the case of a firm, through a partner, officer, director, shareholder, member, or manager, and by counsel, examine witnesses and evidence presented in support of the complaint, and present evidence and witnesses on the licensee's or an individual's own behalf. The licensee or an individual granted practice privileges under the provisions of § 36-20B-66 or 36-20B-67 is entitled, on application to the board, to the issuance of subpoenas to compel the attendance of witnesses and the production of documentary evidence.

Source: SL 2002, ch 179, § 48; SL 2009, ch 185, § 14; SL 2021, ch 168, § 32.
S.D. Codified Laws § 36-4-37 — SD Code / Title 36 / Chapter 4 / Section 36-4-37
Transfer of active patient records--Destruction--Notice
Status: in_force

Active patient records controlled by a physician licensed pursuant to this chapter or by his estate may not be transferred to any person not licensed under this chapter unless the records are transferred to the patient or the patient's personal representative or designee, the patient's parent in the case of a minor, a health care facility licensed under chapter 34-12 or a corporation organized for the purpose of owning and operating a health care clinic. If active patient records cannot be so transferred, they shall be retained by the physician or estate in possession of them or destroyed. Prior to any transfer or destruction of active patient records, reasonable notice of at least thirty days shall be given by mail to the patient, the patient's parent in the case of a minor or the patient's personal representative at his last known address stating the proposed disposition of the records and giving a deadline prior to which the records may be claimed.

Source: SL 1992, ch 265, § 1.
S.D. Codified Laws § 36-9A-29 — SD Code / Title 36 / Chapter 9A / Section 36-9A-29
Denial, revocation, or suspension of license--Grounds
Status: in_force

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

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

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

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

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

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

(6) Had a license or privilege to practice as a certified nurse practitioner or certified nurse midwife denied, revoked, or suspended or had other disciplinary action taken in another state, territory, or foreign country;

(7) Exercised influence within the nurse-patient relationship for the purpose of engaging a patient in sexual activity or engaging in gross sexual harassment or sexual contact. For the purpose of this subdivision, the patient is presumed incapable of giving free, full, and informed consent to sexual activity or sexual contact with the nurse;

(8) Practiced as a certified nurse practitioner or certified nurse midwife without a valid license;

(9) Engaged in unsafe practices, substandard care, or unprofessional or dishonorable conduct;

(10) Violated any provisions of this chapter or the rules promulgated hereunder; or

(11) Been convicted of a felony. The conviction of a felony means the conviction of any offense which, if committed within the State of South Dakota, would constitute a felony.

Source: SL 1979, ch 256, § 18; SL 1994, ch 299, § 2; SL 1995, ch 218, § 19; SL 1999, ch 192, § 21; SL 2017, ch 171, § 34.
S.D. Codified Laws § 36-37-10 — SD Code / Title 36 / Chapter 37 / Section 36-37-10
Meetings of board
Status: in_force

The board shall meet at least twice each year, at times and places determined by a majority of the board. The board may hold additional meetings as determined by the president or a majority of the board.

Source: SL 2012, ch 196, § 10; SL 2023, ch 141, § 8.
S.D. Codified Laws § 36-31A-2 — SD Code / Title 36 / Chapter 31A / Section 36-31A-2
Purpose
Status: in_force

The purpose of the interstate compact on occupational therapy licensure is to facilitate the interstate practice of occupational therapy, with the goal of improving public access to occupational therapy services. The practice of occupational therapy occurs in the state where the patient or client is located, at the time of the encounter. The compact preserves the authority of states to protect public health and safety through the current system of state licensure.

The compact is designed to achieve the following objectives:

A. Increase public access to occupational therapy services by providing for the mutual recognition of other member state licenses;

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

C. Encourage the cooperation of member states in regulating multi-state occupational therapy practice;

D. Support spouses of relocating military members;

E. Enhance the exchange of licensure, investigative, and disciplinary information between member states;

F. Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards; and

G. Facilitate the use of telehealth technology for the purpose of increasing access to occupational therapy services.

Source: SL 2023, ch 139, § 2.
S.D. Codified Laws § 36-25-27 — SD Code / Title 36 / Chapter 25 / Section 36-25-27
Grounds for refusal to issue license, revocation, or suspension
Status: in_force

The commission may, in accordance with chapter 1-26 , refuse to issue, revoke, or suspend a license, or limit the scope of any license for:

(1) Failure to comply with any law, or any rule or order of the commission;

(2) Failure to comply with local plumbing ordinances;

(3) Failure to notify the commission in writing within thirty days following any denial, revocation, or suspension of a certificate, license, or permit issued by any other jurisdiction, or any change of address or employment;

(4) Knowingly aiding and abetting any person who is not licensed or permitted in accordance with this chapter to engage in activity that requires a license or permit under this chapter; or

(5) Conviction of or plea of guilty or nolo contendere to a crime of violence as defined under § 22-1-2 . For purposes of this subdivision, a certified copy of the record of conviction or plea of guilty or nolo contendere is conclusive evidence.

Source: SL 1970, ch 222, § 10; SL 2019, ch 169, § 4.
S.D. Codified Laws § 36-14-25 — SD Code / Title 36 / Chapter 14 / Section 36-14-25
Restoration of lapsed certificate
Status: in_force

A registered barber who does not continue in active practice or service may have the barber's certificate of registration restored at any time within three years, by paying the required restoration fee.

Source: SDC 1939, § 27.1615; SL 1964, ch 88, § 4; SL 2017, ch 175, § 12.
S.D. Codified Laws § 36-4-28 — SD Code / Title 36 / Chapter 4 / Section 36-4-28
Grounds for refusal of license, resident license, or certificate
Status: in_force

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

Source: SDC 1939, § 27.0305; SL 1949, ch 106, § 8; SDC Supp 1960, § 27.0309; SL 2009, ch 178, § 8; SL 2013, ch 172, § 9.
S.D. Codified Laws § 36-4C-9.1 — SD Code / Title 36 / Chapter 4C / Section 36-4C-9.1
Written application--Background check--Information confidential
Status: in_force

In addition to the requirements referenced in § 36-4C-9 , an applicant for licensure as a respiratory care practitioner shall submit to a state and federal criminal background check. The applicant shall provide a full set of fingerprints to the board in the form and manner prescribed by the board. The board shall submit the fingerprints to the Division of Criminal Investigation for a criminal background check by the division and the Federal Bureau of Investigation. The applicant shall sign a release of information to the board, and pay any fee charged for the fingerprinting or the background check.

Upon completion of the background check, the division must deliver the applicant's criminal history information to the board. The board shall consider this information, in accordance with §§ 36-1C-17 to 36-1C-21 , inclusive, when determining whether to issue a license to the applicant. The board may not issue a license to an applicant before receiving this information. The board may not disseminate any information obtained under this section to a person not employed by the board.

Source: SL 2026, ch 157, § 1.
S.D. Codified Laws § 36-20B-61 — SD Code / Title 36 / Chapter 20B / Section 36-20B-61
Compilation report to be issued through business holding valid permit--Exceptions
Status: in_force

No individual licensee may issue a report in standard form upon a compilation of financial information through any form of business that does not hold a valid permit issued under this chapter unless the report discloses the name of the business through which the individual is issuing the report, and the individual:

(1) Signs the compilation report identifying the individual as a CPA or PA;

(2) Meets the competency requirement provided in applicable standards; and

(3) Undergoes no less frequently than once every three years, a peer review conducted in such manner as the board shall, by rule promulgate in accordance with chapter 1-26 , specify. Such review shall include verification that the individual has met the competency requirements set out in professional standards for such services.

Source: SL 2002, ch 179, § 62.
S.D. Codified Laws § 36-15-26.2 — SD Code / Title 36 / Chapter 15 / Section 36-15-26.2
Education for instructors
Status: in_force

The commission may adopt rules pursuant to chapter 1-26 pertaining to educational requirements for instructor licenses and the renewal of instructor licenses including the kinds and subjects of education and the number of hours of education required. The commission may also substitute experience in addition to or in lieu of educational requirements. The commission may set a fee through rules adopted pursuant to chapter 1-26 to cover the cost of verifying the required continuing education. The commission may offer a course and charge a registration fee to cover the costs.

Source: SL 2003, ch 202, § 16.
S.D. Codified Laws § 36-2-15 — SD Code / Title 36 / Chapter 2 / Section 36-2-15
Discrimination between practitioners of vision services prohibited to public employees
Status: in_force

No official or employee of any department, board, commission, or agency of this state, or of any of its political subdivisions, shall in the performance of official duties interfere with any person's freedom of choice in the selection of practitioners licensed to perform vision services pursuant to chapters 36-4 and 36-7 , nor shall any such official or employee discriminate between such licensees within the scope of their respective practices when requiring or recommending such services to be performed by such licensees under any public program.

Source: SL 1977, ch 293.
S.D. Codified Laws § 36-20B-39 — SD Code / Title 36 / Chapter 20B / Section 36-20B-39
Secretary of state as agent for service of process on nonresident applicants
Status: in_force

An application by a person or a firm not a resident of this state for a certificate or a firm permit to practice shall constitute appointment of the secretary of state as the applicant's agent upon whom process may be served in any action or proceeding against the applicant arising out of any transaction or operation connected with or incidental to services performed by the applicant while a licensee within this state.

Source: SL 2002, ch 179, § 40.
S.D. Codified Laws § 36-11A-29 — SD Code / Title 36 / Chapter 11A / Section 36-11A-29
Inspection of facility--Qualifications of designated representative
Status: in_force

The board may not issue a wholesale distributor license to an applicant, unless the board or a nationally recognized accreditation program approved by the board:

(1) Conducts a physical inspection of the facility at the address provided by the applicant as required in subdivision 36-11A-28(1); and

(2) Determines that the designated representative meets the following qualifications:

(a) Is at least twenty-one years of age;

(b) Has been employed full time for at least three years in a pharmacy or with a wholesale distributor in a capacity related to the dispensing and distribution of, and recordkeeping relating to, prescription drugs;

(c) Is employed by the applicant full time in a managerial level position;

(d) Is actively involved in and aware of the actual daily operation of the wholesale distributor;

(e) Is physically present at the facility of the applicant during regular business hours, except when the absence of the designated representative is authorized, including sick leave and vacation leave;

(f) Is serving in the capacity of a designated representative for only one applicant at a time, except where more than one licensed wholesale distributor is co-located in the same facility and such wholesale distributors are members of an affiliated group, as defined in Section 1504 of the Internal Revenue Code;

(g) Does not have any convictions under any federal, state, or local laws relating to wholesale or retail prescription drug distribution or distribution of controlled substances; and

(h) Does not have any felony convictions under federal or state laws.

Source: SL 2007, ch 215, § 11.
S.D. Codified Laws § 36-12-19.2 — SD Code / Title 36 / Chapter 12 / Section 36-12-19.2
Maximum length of study--Attendance at course of study certified
Status: in_force

The length of study required by § 36-12-19.1 may be prescribed by the Board of Veterinary Medical Examiners pursuant to § 36-12-19.1 but may not exceed twenty - four hours in any calendar year. Attendance at any course of study is to be certified by the board upon a form provided by the board. This form shall be submitted by each registered veterinarian at the time he makes application for renewal of his license pursuant to § 36-12-19 . Only attendance at courses approved by the board are certifiable. The board may not require a greater number of hours of study than are available within this state.

Source: SL 1979, ch 258, § 3.
S.D. Codified Laws § 36-4C-14 — SD Code / Title 36 / Chapter 4C / Section 36-4C-14
Promulgation of rules to set standards of practice
Status: in_force

The board may promulgate rules pursuant to chapter 1-26 to set standards of professional practice for licensed respiratory care practitioners and other rules as may be reasonably necessary to implement licensing fees and continuing education requirements.

Source: SL 1993, ch 273, § 14.
S.D. Codified Laws § 36-21A-104 — SD Code / Title 36 / Chapter 21A / Section 36-21A-104
Application by unsatisfied judgment creditor for payment of loss from recovery fund--Maximum payment--Service on commission and judgment debtor--Hearing on application for payment--Continuances
Status: in_force

If any person obtains a final judgment in any court of competent jurisdiction against a person licensed under this chapter, on grounds of fraudulent, deceptive or dishonest practices, or conversion of trust funds arising directly out of any transaction when the judgment debtor was licensed and performed acts for which a license is required under this chapter, and which cause of action accrued on or after July 1, 1977, the aggrieved person may, upon the judgment becoming final, and upon termination of all proceedings, including reviews, appeals and execution and levy, file a verified application in the circuit court, sixth circuit, Hughes county, for an order directing payment out of the real estate recovery fund of the amount of actual and direct loss in the transaction up to the sum of fifteen thousand dollars of the amount remaining unpaid upon the judgment. Nothing in this chapter may obligate the fund for more than fifteen thousand dollars for each person. A copy of the verified application shall be served upon the commission and upon the judgment debtor, and a certificate or affidavit of such service filed with the court. The court shall conduct a hearing upon the application thirty days after service of the application upon the commission. Upon petition of the commission, the court shall continue the hearing up to an additional sixty days, and upon a showing of good cause may continue the hearing for such further period as the court considers appropriate.

Source: SL 1992, ch 273, § 104.
S.D. Codified Laws § 36-21A-31 — SD Code / Title 36 / Chapter 21A / Section 36-21A-31
Responsible broker's license--Experience and education required
Status: in_force

An applicant for a responsible broker's license shall have served actively for two years as a licensed salesperson or broker associate, or a combination thereof, and shall furnish evidence of completion of twenty-four additional class hours beyond the broker associate level in a course approved by the commission and given by instructors approved by the commission, or in an independent study or distance education course approved by the commission. If the applicant for a responsible broker's license meets all requirements except the requirement for twenty-four additional class hours, the commission or executive director may approve the applicant for a responsible broker's license, conditioned on the applicant furnishing the commission with evidence of completion of the twenty-four additional class hours within six months of the date of the approval. The commission may adopt rules, pursuant to chapter 1-26 , to specify requirements for the course of study. Any person licensed as a broker associate under § 36-21A-34.1 shall, in addition to the education requirements of this section, complete the broker examination requirements to qualify as a responsible broker. Any broker licensed prior to July 1, 1996, is exempt from these requirements.

Source: SL 1992, ch 273, § 31; SL 1996, ch 235, § 2; SL 2002, ch 180, § 4; SL 2009, ch 181, § 1; SL 2022, ch 151, § 1, eff. Jan. 1, 2023.
S.D. Codified Laws § 36-6A-32.4 — SD Code / Title 36 / Chapter 6A / Section 36-6A-32.4
Performance of dental services outside scope of education, training, or experience prohibited
Status: in_force

No licensee or registrant under this chapter may perform dental services that are outside the scope of the licensee's or registrant's relevant education, training, and experience.

Source: SL 2015, ch 199, § 35.
S.D. Codified Laws § 36-13-20 — SD Code / Title 36 / Chapter 13 / Section 36-13-20
Recitals in certificate of registration--Authority to engage in business--Access to public offices and records
Status: in_force

A certificate issued by the board under the provisions of this chapter shall recite that the bond required by § 36-13-15 has been duly filed and approved. Such certificate authorizes the person named in it to engage in and carry on the business of an abstracter of real estate titles in the county in the State of South Dakota in which the person has his or her or its place of business. An abstracter with such a certificate shall, during ordinary business hours, have access to any of the offices of any of the counties of the State of South Dakota and may make such memoranda or notation from the records thereof as may be necessary for the purpose of making such abstracts of title to property in the county in which the abstracter is qualified, and for the purpose of compiling, posting, copying, and keeping up the abstracter's abstract books, indexes, or records.

Source: SDC 1939, § 1.0109; SL 2008, ch 195, § 25.
S.D. Codified Laws § 36-21A-146 — SD Code / Title 36 / Chapter 21A / Section 36-21A-146
Certain information not to be disclosed by transaction broker without written consent
Status: in_force

The following information may not be disclosed by the transaction broker without the informed written consent of the customer:

(1) That a buyer is willing to pay more than the asking price or lease rate offered for the property;

(2) That a seller is willing to accept less than the asking price or lease rate for the property;

(3) What the motivating factors are for any customer, buying, selling, or leasing the property;

(4) That a customer will agree to financing terms other than those offered; and

(5) Any confidential information about a party to the transaction to the other party unless the disclosure is required by statute or rule or failure to disclose the information would constitute misrepresentation.

Source: SL 1998, ch 229, § 23.
S.D. Codified Laws § 36-4-20 — SD Code / Title 36 / Chapter 4 / Section 36-4-20
Temporary permits for supervised practice in state institution--Qualifications of applicants--Duration and renewal
Status: in_force

If it appears to the State Board of Medical and Osteopathic Examiners by a resolution thereof duly made and adopted, that an urgent need exists in any state-owned and operated medical institution for the services of a practitioner of medicine, surgery, and obstetrics and their branches, as a state employee, which cannot be adequately and effectively served by a regularly licensed practitioner, the board may, in its discretion, grant a temporary permit to an applicant who has satisfactorily passed a special examination and paid a fee not to exceed fifty dollars for the examination, notwithstanding that the applicant has not completed the period of internship or residence training in a hospital approved by the board and has failed or has been unable to satisfactorily show that he is a graduate of an approved medical or osteopathic college. The temporary permit shall be issued and be effective for one year from the date of issuance of such permit. The temporary permit entitles the person to whom issued to engage in the practice of medicine, surgery, and obstetrics and their branches as a state employee under the supervision of a licensed physician in such state-owned and operated medical institution and not elsewhere. Such temporary permit may be renewed by the board upon application to it on an annual basis and the payment of an annual renewal fee of not to exceed fifteen dollars. Except as may otherwise be provided in this section, applications for such temporary permits shall be processed in the same manner as regular license applications under § 36-4-11 , and the holder of any such permit is subject to all restrictions, responsibilities, and privileges inuring to regular licensees under this chapter. The examination and renewal fees provided for in this section shall be set by the board by rules promulgated pursuant to chapter 1-26 .

Source: SL 1949, ch 110; SL 1955, ch 90; SDC Supp 1960, § 27.0308; SL 1963, ch 150; SL 1973, ch 241, § 10; SL 1986, ch 27, § 40; SL 2008, ch 191, § 2.
S.D. Codified Laws § 36-6A-41 — SD Code / Title 36 / Chapter 6A / Section 36-6A-41
Dentist responsible for dental hygienist or dental auxiliary--Differing levels of assistance based upon education
Status: in_force

Each dentist who uses the services of a dental hygienist or dental auxiliary to assist the dentist in the practice of dentistry is responsible for the acts of the dental hygienist or dental auxiliary while engaged in such assistance. The dentist shall permit the dental hygienist or dental auxiliary to perform only those acts which the dentist is authorized under this chapter to delegate to a dental hygienist or dental auxiliary. The acts shall be performed under supervision of a dentist. The board may permit differing levels of dental assistance based upon recognized educational standards, approved by the board, for the training of dental hygienists or dental auxiliaries.

Source: SL 1971, ch 213, § 35; SL 1981, ch 275, § 30; SL 1984, ch 250, § 7; SL 1992, ch 269, § 52; SL 2015, ch 199, § 45.
S.D. Codified Laws § 36-18A-52 — SD Code / Title 36 / Chapter 18A / Section 36-18A-52
General provisions applicable to business entities
Status: in_force

The provisions with respect to issuance, expiration, renewal, and reissuance of the certificate of licensure of persons contained in this chapter apply to certificates of authorization issued to business entities under the provisions of this chapter. A business entity is subject to disciplinary proceedings and penalties, and certificates of authorization are subject to suspension or revocation for cause, in the same manner and to the same extent as is provided with respect to individuals and their certificates of licensure in this chapter. The terms, licensee and certificate of licensure, as used in this chapter, apply to any business entity holding a certificate of authorization issued under this chapter and to such certificate of authorization.

Source: SL 1999, ch 195, § 52.
S.D. Codified Laws § 36-9A-47 — SD Code / Title 36 / Chapter 9A / Section 36-9A-47
Practice of certified professional midwife
Status: in_force

Nothing in this chapter restricts the right of a certified professional midwife to practice in accordance with chapter 36-9C .

Source: SL 2017, ch 172, § 35.
S.D. Codified Laws § 36-7-21 — SD Code / Title 36 / Chapter 7 / Section 36-7-21
Remission of annual fee while in military service
Status: in_force

The board may remit the license fee of any optometrist on active duty in the armed forces of the United States.

For the purposes of this section, the term, active duty in the armed forces, means full-time duty in the active military services and reserve components of the United States, including the National Guard and Reserve, while serving under published orders for active duty or full-time training.

Source: SDC 1939, § 27.0709 as added by SL 1951, ch 131, § 5; SL 1967, ch 99; SL 2022, ch 147, § 13.
S.D. Codified Laws § 36-2-16.8 — SD Code / Title 36 / Chapter 2 / Section 36-2-16.8
Medical record--Access by parent or guardian--Conflicting provision void--Exception
Status: in_force

A health care provider may not restrict or deny, to a parent or guardian who has authority to make health care decisions on behalf of a minor, access to the minor's:

(1) Electronic health information;

(2) Medical record; or

(3) Patient portal.

Any agreement between a health care provider and a parent or guardian that restricts or denies access to the parent or guardian in violation of this section is void and unenforceable.

This section does not apply to a minor who has lawfully obtained a health care service without the consent or notification of a parent or guardian, or as provided in 45 C.F.R. § 164.502(g)(5) (January 1, 2025).

Source: SL 2025, ch 147, § 1.
S.D. Codified Laws § 36-21A-30.1 — SD Code / Title 36 / Chapter 21A / Section 36-21A-30.1
Education requirement for broker associate license applicants
Status: in_force

An applicant for a broker associate license must have completed one hundred sixteen class hours of education in a course of study approved by the commission given by instructors approved by the commission or in an independent study or distance education course approved by the commission. The commission may adopt rules, pursuant to chapter 1-26 , to specify requirements for the course, qualifications of an instructor, and criteria for an independent study or distance education course.

Source: SL 1996, ch 235, § 1; SL 2002, ch 180, § 3; SL 2009, ch 186, § 1.
S.D. Codified Laws § 36-21A-81 — SD Code / Title 36 / Chapter 21A / Section 36-21A-81
Disbursement pursuant to written agreement of trust funds where purchase agreement does not close
Status: in_force

If an accepted offer and agreement to purchase does not close, a broker may not disburse any funds held in trust, relative to such real estate transaction, except pursuant to a written instruction of all parties to the transaction or pursuant to a court order.

Source: SL 1992, ch 273, § 81; SL 1996, ch 236, § 7.
S.D. Codified Laws § 36-28-6 — SD Code / Title 36 / Chapter 28 / Section 36-28-6
Unlicensed acting as administrator as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for any person to act or serve in the capacity of a nursing facility administrator unless he is the holder of a license issued in accordance with the provisions of this chapter.

Source: SL 1969, ch 113, § 15; SDCL Supp, § 34-12A-5; SL 1977, ch 190, § 15.
S.D. Codified Laws § 36-2-1 — SD Code / Title 36 / Chapter 2 / Section 36-2-1
Definition of terms
Status: in_force

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

(1) "Basic science," anatomy, physiology, bacteriology, pathology and chemistry, so far as same relates to the human system or mind as generally treated in each or all of said subjects;

(2) "Diagnosis," the use professionally of any means for the discovery, recognition or determination of character of any human ill;

(3) "Healing art," "healing," "art of healing," "practicing healing," "practicing of healing," any system, treatment, operation, diagnosis, prescription, or practice for the ascertainment, cure, relief, palliation, adjustment, or practice for the ascertainment, cure, relief, palliation, adjustment, or correction of any human disease, ailment, deformity, injury, unhealthy or abnormal physical or mental condition;

(4) "Human ill," any human disease, ailment, deformity, injury or unhealthy or abnormal physical or mental condition of any nature;

(5) "Person," any individual or group of individuals;

(6) "Treatment," the use of drugs, surgery, including appliances, manual or mechanical means, or any other means of any nature whatsoever, for the cure, relief, palliation, adjustment or correction of any human ill as defined herein.

Source: SL 1939, ch 104, § 1; SL 1953, ch 130, § 1; SDC Supp 1960, §§ 27.0317, 27.0401; SDCL, §§ 36-2-1 , 36-3-1; SL 1986, ch 27, § 38.
S.D. Codified Laws § 36-21A-116 — SD Code / Title 36 / Chapter 21A / Section 36-21A-116
Other disciplinary powers unimpaired--Effect of repayment to fund
Status: in_force

Nothing contained in §§ 36-21A-101 to 36-21A-115 , inclusive, limits the authority of the commission to take disciplinary action against any licensee under other provisions of this chapter. The repayment in full of all obligations to the fund by a licensee does not nullify or modify the effect of any other disciplinary proceeding brought pursuant to the provisions of §§ 36-21A-101 to 36-21A-115 , inclusive.

Source: SL 1992, ch 273, § 116.
S.D. Codified Laws § 36-21A-83 — SD Code / Title 36 / Chapter 21A / Section 36-21A-83
Records kept by broker remitting immediately to principal
Status: in_force

A responsible broker who remits immediately to the principal all money received by the responsible broker belonging to the principal without using a trust account shall maintain for at least four years the records that completely disclose all financial dealings between the principal and the responsible broker.

Source: SL 1992, ch 273, § 83; SL 2013, ch 177, § 31.
S.D. Codified Laws § 36-28-25 — SD Code / Title 36 / Chapter 28 / Section 36-28-25
Disposition of fees
Status: in_force

Any fee collected under the provisions of this chapter shall be paid to the board, who shall keep the fee in a fund, which may be used and expended by the board to pay the compensation and travel expenses, pursuant to § 3-9-2 , of members and employees of the board and other expenses necessary for the board to administer and carry out the provisions of this chapter.

Source: SL 1969, ch 113, § 8; SDCL Supp, § 34-12A-25; SL 1986, ch 27, § 31; SL 2014, ch 186, § 24.
S.D. Codified Laws § 36-4-17 — SD Code / Title 36 / Chapter 4 / Section 36-4-17
Written examination required--Discrimination between systems of medicine prohibited--Minimum grade--Reexamination--Fee--Preservation of grades
Status: in_force

The examination required by this chapter shall be in writing. The questions on all subjects shall be such as are answered alike by all schools of medicine or osteopathy. No license may be refused any applicant because of adherence to any particular school of medicine. Each applicant shall be required to attain an average percentage of at least seventy - five percent of correct answers. Any applicant failing on such examination is eligible for a maximum of two subsequent examinations upon payment of the required fee at any regular meeting of the Board of Medical and Osteopathic Examiners or at such time and place as the board may designate. Before taking the examination, the applicant shall pay to the secretary of the board a fee to be set by the board in an amount not to exceed five hundred fifty dollars. The applicant must pass all parts or steps of the examination within seven years. However, if the applicant is board - certified by a board of the American Board of Medical Specialties, the Board of Medical and Osteopathic Examiners may waive this requirement. All grades achieved shall be preserved by the secretary of the board for a period of at least three years.

Source: SDC 1939, § 27.0302; SL 1949, ch 106, § 5; SDC Supp 1960, § 27.0305; SL 1961, ch 128; SL 1973, ch 241, § 7; SL 1979, ch 249, § 2; SL 1982, ch 272; SL 1985, ch 297, § 13; SL 2004, ch 241, § 1.
S.D. Codified Laws § 36-20B-3 — SD Code / Title 36 / Chapter 20B / Section 36-20B-3
Report defined
Status: in_force

For the purposes of this chapter, the term, report, if used with reference to any attest or compilation service, means an opinion, report, or other form of language that states or implies assurance as to the reliability of the attested information or compiled financial statements or assertion. It also includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing and that the service reported upon was performed under standards for such services established by the American Institute of Certified Public Accountants. Such a statement or implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the person or firm is an accountant or auditor, or from the language of the report itself. The term includes any form of language that disclaims an opinion when the form of language is conventionally understood to imply any positive assurance as to the reliability of the attested information or compiled financial statements referred to or special competence on the part of the person or firm issuing the language or both. The term includes any other form of language that is conventionally understood to imply such assurance or such special knowledge or competence or both.

Source: SL 2002, ch 179, § 4; SL 2019, ch 170, § 2.
S.D. Codified Laws § 36-14-9 — SD Code / Title 36 / Chapter 14 / Section 36-14-9
Promulgation of rules
Status: in_force

The Board of Barber Examiners may promulgate reasonable rules, pursuant to chapter 1-26 , for the administration of the provisions of this chapter and to prescribe sanitary requirements for barbershops and barber schools.

Source: SDC 1939, § 27.1606; SL 1972, ch 15, § 4; SL 1986, ch 302, § 17; SL 2017, ch 175, § 1; SL 2022, ch 149, § 1.
S.D. Codified Laws § 36-9-44 — SD Code / Title 36 / Chapter 9 / Section 36-9-44
Title used by licensed practical nurse
Status: in_force

Any person who holds a license to practice as a licensed practical nurse in this state may use the title licensed practical nurse and the abbreviation "L.P.N."

Source: SL 1949, ch 109, § 11; SL 1955, ch 91, § 5; SDC Supp 1960, § 27.0905 (4); SL 1967, ch 101, § 5 (4); SL 1976, ch 228, § 31; SL 1979, ch 255, § 37.
S.D. Codified Laws § 36-18A-37 — SD Code / Title 36 / Chapter 18A / Section 36-18A-37
Display of license in place of business--Replacement license
Status: in_force

The license shall be displayed in a conspicuous place in the licensee's principal office, place of business, or place of employment within the state. A duplicate license to replace a lost, destroyed, or mutilated license shall be issued upon payment of a fee established by the board pursuant to chapter 1-26 .

Source: SL 1999, ch 195, § 37; SL 2016, ch 195, § 4.
S.D. Codified Laws § 36-26-15 — SD Code / Title 36 / Chapter 26 / Section 36-26-15
Qualifications for social worker's license
Status: in_force

The board shall issue a license as a social worker to an applicant who:

(1) Has a baccalaureate degree in a social work or social welfare program accredited by the council on social work education; and

(2) Has passed an examination prepared by the board for this purpose; or

(3) Has been granted licensure or applied and met qualifications under this section prior to July 1, 2015.

Source: SL 1975, ch 22, § 14; SL 2015, ch 200, § 1.
S.D. Codified Laws § 36-12-9.1 — SD Code / Title 36 / Chapter 12 / Section 36-12-9.1
Board continued within Department of Agriculture and Natural Resources--Records and reports
Status: in_force

The Board of Veterinary Medical Examiners shall continue within the Department of Agriculture and Natural Resources, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required by the secretary of agriculture and natural resources, except that the board shall report at least annually.

Source: SL 1973, ch 2, § 56 (t); SL 2003, ch 272, § 33; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 36-20B-32.3 — SD Code / Title 36 / Chapter 20B / Section 36-20B-32.3
Out-of-state firms performing other in-state services
Status: in_force

A firm that does not have an office in this state and is not subject to the requirements pursuant to subdivision 36-20B-32.1 (3) or § 36-20B-32.2 may perform other professional services while using the title CPAs, CPA firm, PAs, or PA firm in this state without a permit issued under this chapter only if:

(1) The firm performs the services through an individual with practice privileges under the provisions of § 36-20B-66 or 36-20B-67 ; and

(2) The firm can lawfully do so in the state where the individual with practice privileges has a principal place of business.

Source: SL 2009, ch 185, § 7.
S.D. Codified Laws § 36-21C-13 — SD Code / Title 36 / Chapter 21C / Section 36-21C-13
Grounds for refusing, suspending or revoking license or registration
Status: in_force

The commission may refuse to grant or may suspend or revoke a home inspector license or registration upon proof, to the satisfaction of the commission, that the holder has:

(1) Disclosed any information concerning the results of the home inspection without the approval of a client or the client's representative;

(2) Accepted compensation from more than one interested party for the same service without the written consent of all interested parties;

(3) Accepted commissions or allowances, directly or indirectly, from other parties dealing with the holder's client in connection with work for which the holder is responsible;

(4) Failed to disclose promptly to a client information about any business interest of the holder which may affect the client in connection with the home inspection; or

(5) Been convicted, or pled guilty or nolo contendere before a court of competent jurisdiction in this or any other state, or before any federal court, of a misdemeanor involving moral turpitude or a felony arising under the laws of this state or under the laws of the United States or any other state that would be a misdemeanor involving moral turpitude or a felony under the laws of this state.

Source: SL 2000, ch 194, § 13; SL 2014, ch 183, § 1.
S.D. Codified Laws § 36-12-18.1 — SD Code / Title 36 / Chapter 12 / Section 36-12-18.1
Temporary permits to certain graduates of nonaccredited colleges--Practice under supervision--Duration of permit
Status: in_force

The secretary of the Board of Veterinary Medical Examiners shall issue a temporary permit to a graduate of a nonaccredited college of veterinary medicine who has completed the fourth year of study at an accredited college, has successfully passed the national exam defined in rules promulgated by the board pursuant to chapter 1-26 , and has enrolled in the Educational Committee for Foreign Veterinary Graduates program. The holder of a temporary permit under this section shall practice under the supervision of a veterinarian licensed in South Dakota. Temporary permits issued under this section are valid until the permittee obtains Educational Committee for Foreign Veterinary Graduates certification or for a maximum of two years from the date of issue.

Source: SL 2001, ch 203, § 1.
S.D. Codified Laws § 36-36-14 — SD Code / Title 36 / Chapter 36 / Section 36-36-14
Reinstatement and renewal of license
Status: in_force

Upon application, the board may reinstate and renew a license to practice to any person whose license has been cancelled, suspended, or revoked. However, no license that has been cancelled or revoked may be reinstated and renewed prior to one year after the cancellation or revocation. The reinstatement and renewal of any license may be made in such manner and form and under such conditions as the board may require.

Source: SL 2009, ch 194, § 14.
S.D. Codified Laws § 36-31A-5 — SD Code / Title 36 / Chapter 31A / Section 36-31A-5
Compact privilege
Status: in_force

A. To exercise the compact privilege under the compact, the licensee must:

1. Hold a license in the home state;

2. Have a United States social security number or national practitioner identification number;

3. Have no encumbrance on any state license;

4. Be eligible for a compact privilege in any member state, in accordance with this section;

5. Have paid all fines and completed all requirements resulting from any adverse action against any license or compact privilege, and two years must have elapsed from the date of the completion;

6. Notify the commission that the licensee is seeking the compact privilege within a remote state;

7. Pay any applicable fees, including any state fee, for the compact privilege;

8. Complete a criminal background check in accordance with § 36-31A-4 , provided the licensee is responsible for the payment of any fee associated with the completion of a criminal background check;

9. Meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and

10. Report to the commission any adverse action taken by a non-member state within thirty days from the date the adverse action is taken.

B. The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of this section to maintain the compact privilege in the remote state.

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

D. An occupational therapy assistant practicing in a remote state must be supervised by an occupational therapist licensed or holding a compact privilege in that remote state.

E. A licensee providing occupational therapy in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, and take any other necessary action to protect the health and safety of its residents. The licensee may be ineligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.

F. If a home state license is encumbered, the licensee loses the compact privilege in any remote state until the home state license is no longer encumbered and two years have elapsed from the date on which the home state license is no longer encumbered.

G. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of this section to obtain a compact privilege in any remote state.

H. If a licensee’s compact privilege in any remote state is removed, the individual may lose the compact privilege in any other remote state until:

1. The specific period of time for which the compact privilege was removed has ended;

2. All fines have been paid and all conditions have been met;

3. Two years have elapsed from the date of completing requirements set forth in this subdivision; and

4. The compact privileges are reinstated by the commission, and the compact data system is updated to reflect the reinstatement.

I. If a licensee’s compact privilege in any remote state is removed due to an erroneous charge, privileges must be restored through the compact data system.

J. Once the requirements of subdivision H have been met, the licensee must meet the requirements of subdivision A to obtain a compact privilege in a remote state.

Source: SL 2023, ch 139, § 5.
S.D. Codified Laws § 36-26-35 — SD Code / Title 36 / Chapter 26 / Section 36-26-35
Proceedings to conform to administrative procedure
Status: in_force

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

Source: SL 1975, ch 22, § 32.
S.D. Codified Laws § 36-4-42 — SD Code / Title 36 / Chapter 4 / Section 36-4-42
Peer review committee defined
Status: in_force

For the purposes of §§ 36-4-25 , 36-4-26.1 and 36-4-43 , a peer review committee is one or more persons acting as any committee of a state or local professional association or society, any committee of a licensed health care facility or the medical staff of a licensed health care facility, or any committee comprised of physicians within a medical care foundation, health maintenance organization, preferred provider organization, independent practice association, group medical practice, provider sponsored organization, or any other organization of physicians formed pursuant to state or federal law, that engages in peer review activity. For the purposes of this section, a peer review committee is also one or more persons acting as an administrative or medical committee, department, section, board of directors, shareholder or corporate member, or audit group, including the medical audit committee, of a licensed health care facility.

Source: SL 1998, ch 172, § 1.
S.D. Codified Laws § 36-8-1 — SD Code / Title 36 / Chapter 8 / Section 36-8-1
Podiatric medicine defined
Status: in_force

Podiatric medicine is that profession of the health sciences concerned with the diagnosis and treatment of conditions affecting the human foot and their governing and related structures, and the soft tissues inserting into the foot, including the local manifestations of systemic conditions, by all appropriate systems and means. A person licensed pursuant to this chapter as a podiatrist shall be designated a podiatric physician.

Source: SDC 1939, § 27.0801; SL 1959, ch 131, § 2; SL 1967, ch 100, § 2; SL 1972, ch 203; SL 1995, ch 216, § 1.
S.D. Codified Laws § 36-34-18 — SD Code / Title 36 / Chapter 34 / Section 36-34-18
Complaints--Investigation--Disciplinary proceedings--Evidence not subject to discovery or disclosure--Testimony
Status: in_force

The board shall process a complaint regarding a practitioner as set forth in chapter 36-1C . The board shall maintain a record of each complaint.

Notwithstanding any provision of chapter 36-1C , a member, agent, or appointee of the board may investigate a complaint to determine whether the practitioner committed the alleged violation. The investigator, if a member of the board, may dismiss the complaint if it appears to the member, in consultation with the board president, that the practitioner did not commit a violation. If the investigator is an agent or appointee of the board, only the board president may dismiss the complaint. If an investigator and a practitioner agree upon a disposition of a complaint, the disposition must be approved by the board.

The board must conduct any disciplinary proceeding in accordance with chapter 1-26 . Any decision of the board entered in a contested proceeding may be appealed to the circuit court within thirty days. A certificate or license remains in effect during the pendency of an appeal, unless suspended under § 36-34-24 .

Testimony or documentary evidence of any kind obtained by the board during the investigation of a complaint is not subject to discovery or disclosure under chapter 15-6 , or any other provision of law, and is not admissible as evidence in any legal proceeding, unless the complaint becomes a contested case under chapter 1-26 . No person who has participated in the investigation of a complaint on behalf of the board may testify as an expert witness or be compelled to testify for any party in any civil action, if the subject matter of the investigated complaint is a basis for the civil action.

Source: SL 2004, ch 253, § 19; SL 2013, ch 183, § 18; SL 2021, ch 168, § 44; SL 2023, ch 140, § 8.
S.D. Codified Laws § 36-8-18 — SD Code / Title 36 / Chapter 8 / Section 36-8-18
Procedure for suspension or revocation of license
Status: in_force

Before the Board of Podiatry Examiners shall order any suspension or revocation of a license pursuant to § 36-8-16 , it shall comply with chapter 1-26 .

Source: SDC 1939, § 27.0808 as added by SL 1959, ch 131, § 9; revised pursuant to SL 1972, ch 15, § 4.
S.D. Codified Laws § 36-8-22 — SD Code / Title 36 / Chapter 8 / Section 36-8-22
Actions for injunction--Election of remedies
Status: in_force

The Board of Podiatry Examiners is empowered to commence actions for injunction for violation of this chapter or regulations made 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 § 36-12-11 — SD Code / Title 36 / Chapter 12 / Section 36-12-11
Fees used to pay expenses
Status: in_force

All fees set forth under this chapter shall be paid to the secretary of the Board of Veterinary Medical Examiners and shall be kept by the board to pay its necessary expenses, including the paying of any help required by the board in performing its functions as set forth in this chapter, and including payment to the members of the board for their compensation and reimbursement of expenses provided by law.

Source: SL 1961, ch 201, § 15.
S.D. Codified Laws § 36-37-22 — SD Code / Title 36 / Chapter 37 / Section 36-37-22
Reinstatement of suspended or revoked license
Status: in_force

If the board imposes suspension or revocation of license, application may be made to the board for reinstatement. If a licensee is placed on probation, the board may require the license holder to:

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

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

(3) Continue or review continuing education until the license holder attains and degree of skill satisfactory to the board in those areas that are the basis of the probation.

Source: SL 2012, ch 196, § 22.
S.D. Codified Laws § 36-27A-25 — SD Code / Title 36 / Chapter 27A / Section 36-27A-25
Code of ethics
Status: in_force

The Board of Examiners of Psychologists shall adopt a code of ethics for psychologists licensed under this chapter which may be the current code of ethics of the American Psychological Association.

Source: SL 1981, ch 281, § 25.
S.D. Codified Laws § 36-18A-59 — SD Code / Title 36 / Chapter 18A / Section 36-18A-59
Proceedings for revocation or suspension of license
Status: in_force

Proceedings for the revocation or suspension of a license shall be conducted pursuant to chapter 1-26 and rules promulgated pursuant to this chapter.

Source: SL 1999, ch 195, § 59.
S.D. Codified Laws § 36-20B-37 — SD Code / Title 36 / Chapter 20B / Section 36-20B-37
Application fee--Initial or renewal of permit
Status: in_force

The board may charge a fee, which may be either a flat fee or tier based, for each application for initial issuance or renewal of a permit.

Source: SL 2002, ch 179, § 38; SL 2008, ch 191, § 42; SL 2013, ch 175, § 6; SL 2025, ch 161, § 3.
S.D. Codified Laws § 36-12-6 — SD Code / Title 36 / Chapter 12 / Section 36-12-6
Removal of board member
Status: in_force

The Governor shall remove any member of the Board of Veterinary Examiners upon proper showing of neglect of duty or for corrupt conduct in office or any other misfeasance or malfeasance in office.

Source: SL 1961, ch 201, § 3; SL 2005, ch 199, § 38.
S.D. Codified Laws § 36-4B-32 — SD Code / Title 36 / Chapter 4B / Section 36-4B-32
Appeal of board decisions
Status: in_force

Any party feeling aggrieved by any act, ruling or decision of the board acting pursuant to § 36-4B-31 may appeal the same under the provisions of chapter 1-26 .

Source: SL 1978, ch 269, § 32; SL 1992, ch 268, § 20.
S.D. Codified Laws § 36-38-5 — SD Code / Title 36 / Chapter 38 / Section 36-38-5
Persons to whom chapter does not apply
Status: in_force

The provisions of this chapter do not apply to any:

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

(2) Provider who is not a resident of this state, and who has established an office in this state, who provides behavior analyst services in this state for a period which does not exceed an aggregate of more than twenty days during any one year if the provider is authorized under the laws of the state or country of residence to perform these activities and services. If the provider exceeds twenty consecutive days of practice in this state in any calendar year the provider shall report to the board, in writing, the nature and extent of the provider's practice in this state;

(3) Qualified physician, surgeon, psychologist, dentist, osteopath, optometrist, chiropractor, podiatrist, registered nurse, attorney, court employee, marriage counselor, family counselor, member of the clergy, mental health counselor, school counselor, rehabilitation counselor, employment counselor, guidance counselor, social worker, or licensed professional counselor doing work within the standards and ethics of the person's respective profession who does not hold himself or herself out to the public by any title incorporating the term behavior analyst;

(4) Matriculated college or university student whose applied behavior analysis activity is part of a defined program of study, course, practicum, internship, or postdoctoral traineeship, if the applied behavior analysis activities under this exemption are directly supervised by a behavior analyst in this state, an instructor in a course sequence approved by the certifying entity, or another qualified faculty member. The individual student may not represent himself or herself as a behavior analyst and shall use a title that clearly indicates the student's training status, such as student, intern, or trainee;

(5) Family member of a recipient of applied behavior analysis services implementing behavior analysis treatment plans with the recipient under the extended authority and direction of a behavior analyst. The family member may not represent himself or herself as a behavior analyst;

(6) Assistant behavior analyst or paraprofessional who delivers applied behavior analysis services under the extended authority and direction of a behavior analyst provided that the services are supervised in accordance with the requirements of the Behavior Analyst Certification Board, Inc. The assistant behavior analyst or paraprofessional may not represent himself or herself as a behavior analyst, and shall use a title that indicates assistant or paraprofessional status, such as an assistant behavior analyst, ABA technician, behavior technician, tutor, or line therapist. The assistant behavior analyst or paraprofessional shall submit to a criminal background check and fingerprint checks pursuant to the provisions of this chapter;

(7) Behavior analyst who practices with nonhumans, including an applied animal behaviorist and animal trainer;

(8) Professional who provides general applied behavior analysis services to an organization, so long as the services are for the benefit of the organization and do not involve direct services to any person;

(9) Unlicensed person pursuing experience in applied behavior analysis consistent with the experience requirements of the Behavior Analyst Certification Board, Inc., if the experience is supervised in accordance with the requirements of the Behavior Analyst Certification Board, Inc. The person may not represent himself or herself as a behavior analyst and shall use a title that clearly indicates the person's training status, such as student, intern, or trainee;

(10) Person employed by a school board performing the duties of a position for the school. The person may not represent himself or herself as a behavior analyst, unless the person holds a license under this chapter; or

(11) Any person who meets the requirements set out in subdivision 58-17-159 (1).

Source: SL 2016, ch 199, § 5.
S.D. Codified Laws § 36-16-30 — SD Code / Title 36 / Chapter 16 / Section 36-16-30
Installation inspection fees--Minimum fee--Number of inspections per installation--Promulgation of rules
Status: in_force

The State Electrical Commission may promulgate rules, in accordance with chapter 1-26 , to establish and collect installation inspection fees for:

(1) New residential installations, which are tiered based on ampere capacity, not to exceed three hundred ninety dollars, plus a fee for circuits;

(2) Service connections on other installations, which are tiered based on ampere capacity, not to exceed three hundred ninety dollars, plus a fee for circuits;

(3) Circuit installations or alterations, which are tiered based on ampere capacity, not to exceed sixty-five dollars;

(4) Remodeling projects involving:

(a) An opening or connection, not to exceed three dollars each and one dollar and fifty cents for each additional opening or connection;

(b) A lighting fixture, not to exceed three dollars for the first forty fixtures and not to exceed one dollar and fifty cents for each additional lighting fixture; or

(c) A motor or special equipment, not to exceed eighteen dollars;

(5) Apartment buildings, not to exceed one hundred fifty dollars per unit;

(6) Mobile home service and feeders, not to exceed one hundred dollars per unit;

(7) Recreational vehicle service, not to exceed twenty-five dollars per unit;

(8) Each late correction order or wiring permit procedure, not to exceed two hundred fifty dollars;

(9) Wiring permits, not to exceed twenty dollars; and

(10) Modular homes and structures manufactured out-of-state, not to exceed two hundred ten dollars per day plus the inspector's travel and living expenses.

A minimum fee of one hundred fifty dollars must be imposed if any inspection fee calculated under this section is less than one hundred fifty dollars.

The commission may also promulgate rules, in accordance with chapter 1-26 , to set an allotted number of inspections for each installation under this section.

Source: SL 1963, ch 216, § 5 (2); SL 1967, ch 128, § 2; SL 1986, ch 302, § 25; SL 1994, ch 303; SL 1995, ch 221, § 3; SL 2009, ch 184, § 3; SL 2011, ch 179, § 5; SL 2020, ch 160, § 2; SL 2021, ch 178, § 3; SL 2025, ch 158, § 1.
S.D. Codified Laws § 36-4B-34.4 — SD Code / Title 36 / Chapter 4B / Section 36-4B-34.4
Peer review activity defined
Status: in_force

For the purposes of §§ 36-4B-34.1 to 36-4B-34.4 , inclusive, peer review activity is the procedure by which a peer review committee monitors, evaluates, and recommends actions to improve the delivery and quality of services within its respective facility, agency, and profession, including any recommendation, consideration of recommendations, action with regard to recommendations, and implementation of actions. Peer review activity and acts or proceedings undertaken or performed within the scope of the functions of a peer review committee include:

(1) Matters affecting employment and terms of employment of an emergency medical technician at any level by a health care facility or a licensed ambulance service;

(2) Matters affecting the membership and terms of membership in a health professional association composed of emergency medical technicians at any level, including decisions to suspend membership privileges, expel from membership, reprimand, or censure a member, or other disciplinary actions;

(3) Review and evaluation of qualifications, competency, character, experience, activities, conduct, or performance of an emergency medical technician at any level by a licensed health care facility or a licensed ambulance service; and

(4) Review of the quality, type, or necessity of services provided by any emergency medical technician at any level employed by a licensed health care facility or a licensed ambulance service.

Source: SL 2004, ch 244, § 4.
S.D. Codified Laws § 36-26-5 — SD Code / Title 36 / Chapter 26 / Section 36-26-5
Terms of appointment
Status: in_force

Appointments to the board shall be for terms of three years, beginning on October thirty-first. The appointee's term shall expire on October thirtieth in the third year of appointment. No member of the board may serve for more than three successive full terms. However, appointment to an unexpired term is not considered as a full term.

Source: SL 1975, ch 22, §§ 5, 6; SL 2005, ch 199, § 62; SL 2012, ch 16, § 9.
S.D. Codified Laws § 36-20B-41 — SD Code / Title 36 / Chapter 20B / Section 36-20B-41
Investigations--Probable cause determination--Subpoena power of board
Status: in_force

The board may, upon receipt of a complaint or other information suggesting violations of this chapter or of the rules of the board, conduct investigations in accordance with chapter 36-1C to determine whether there is probable cause to institute proceedings under chapter 1-26 or of this chapter against any person or firm for such violation. However, no investigation under this section may be a prerequisite to the proceedings if a determination of probable cause can be made without investigation. In aid of such investigations, the board or the chair thereof may issue subpoenas to compel witnesses to testify and to produce evidence.

Source: SL 2002, ch 179, § 42; SL 2021, ch 168, § 27.
S.D. Codified Laws § 36-11-14 — SD Code / Title 36 / Chapter 11 / Section 36-11-14
Physicians and veterinarians unaffected by chapter
Status: in_force

Nothing in this chapter applies to or in any manner interferes with the business of any physician, as a physician, or any licensed veterinarian, as a licensed veterinarian, or an optometrist, as a licensed optometrist, or prevent him from supplying, under his supervision, to his patients such drugs and medicines as may seem to him proper.

Source: SDC 1939, § 27.1013; SL 1964, ch 86; SL 1967, ch 102, § 14; SL 1986, ch 306, § 4.
S.D. Codified Laws § 36-26-6 — SD Code / Title 36 / Chapter 26 / Section 36-26-6
Removal by Governor for cause--Filling of vacancies
Status: in_force

The Governor may remove a member of the board for cause. In the event of a vacancy on the board caused by death of a member, resignation, removal from the state, or for any other reason, the Governor shall appoint a new member to serve out the unexpired term.

Source: SL 1975, ch 22, § 6.
S.D. Codified Laws § 36-37-23 — SD Code / Title 36 / Chapter 37 / Section 36-37-23
Actions constituting misconduct
Status: in_force

The board may take disciplinary actions for the following conduct:

(1) Fraudulently or deceptively obtaining, attempting to obtain, using, or altering a license or a provisional license;

(2) Aiding or abetting unlicensed practice;

(3) Selling, bartering, or offering to sell or barter a license or provisional license;

(4) Committing fraud or deceit in the practice of speech-language pathology, including:

(a) Willfully making or filing a false report or record in the practice of speech-language pathology;

(b) Submitting a false statement to collect a fee; or

(c) Obtaining a fee through fraud or misrepresentation;

(5) Using or promoting, or causing the use of, any misleading, deceiving, improbable, or untruthful advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand insignia, or any other representation;

(6) Falsely representing the use or availability of services or advice of a physician;

(7) Misrepresenting the applicant, licensee, or holder, by using the term, doctor, or any similar word, abbreviation, or symbol if the use is not accurate or if the degree was not obtained from an accredited institution;

(8) Committing any act of dishonesty, immorality, or unprofessional conduct while engaging in the practice of speech-language pathology;

(9) Engaging in illegal, incompetent, or negligent practice;

(10) Providing services or promoting the sale of devices, appliances, or products to a person who cannot reasonably be expected to benefit from such services, devices, appliances, or products;

(11) Violating any provision of this chapter, or any lawful order given, or rule adopted, by the board;

(12) Being convicted or pleading guilty or nolo contendere to a felony or to a crime involving moral turpitude, as defined in § 22-1-2 , whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

(13) Being disciplined by a licensing or disciplinary authority of any state or country, or any nationally recognized professional organization, or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section;

(14) Exploiting a patient for financial gain or sexual favors;

(15) Failing to report suspected cases of child abuse or vulnerable adult abuse;

(16) Violating federal, state, or local laws relating to the profession;

(17) Not reporting discipline by another state or territory under federal jurisdiction to the board; or

(18) Not reporting a conviction of any felony offense, or any conviction of a criminal offense arising out of the practice of speech-language pathology.

Source: SL 2012, ch 196, § 23; SL 2023, ch 141, § 17.
S.D. Codified Laws § 36-4-19 — SD Code / Title 36 / Chapter 4 / Section 36-4-19
License based on certificate from national board or another state--Fee
Status: in_force

The Board of Medical and Osteopathic Examiners may, without examination, issue a license to any applicant holding a currently valid license or certificate issued to the applicant by the examining board of the District of Columbia, any state or territory of the United States, the National Board of Medical Examiners, the National Board of Osteopathic Physicians and Surgeons, or any province of Canada, if the legal requirements of the examining board at the time it issued the license or certificate were not less than those of this state at the time the license is presented for registration.

However, the board may require the applicant to successfully pass either an oral or written examination and personally appear before the board, a member of the board, or its staff.

Each applicant applying under the provisions of this chapter shall pay to the secretary of the board a license fee not to exceed four hundred dollars to be set by the board by rule promulgated pursuant to chapter 1-26 .

Source: SDC 1939, § 27.0304; SL 1949, ch 106, § 7; SDC Supp 1960, § 27.0307; SL 1961, ch 129; SL 1969, ch 105, § 2; SL 1973, ch 241, § 8; SL 1985, ch 297, § 14; SL 1995, ch 210, § 2; SL 2002, ch 175, § 1; SL 2008, ch 191, § 1; SL 2018, ch 227, § 1.
S.D. Codified Laws § 36-15-25.1 — SD Code / Title 36 / Chapter 15 / Section 36-15-25.1
Annual expiration and renewal
Status: in_force

Any instructor 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. The application shall be accompanied by the fee required in this chapter and proof of completion of any required commission-approved instructor education pursuant to § 36-15-26.2 .

Source: SDCL § 36-15-25 as added by SL 1972, ch 206, § 25; SL 2003, ch 202, § 36; SL 2018, ch 232, § 4.
S.D. Codified Laws § 36-26-22 — SD Code / Title 36 / Chapter 26 / Section 36-26-22
Re-examinations allowed--Fee
Status: in_force

Any applicant failing to pass the examination provided by this chapter shall be entitled within six months to a re - examination upon payment of an additional fee to be set by the board, but two such re - examinations shall exhaust the privilege under the original application.

Source: SL 1975, ch 22, § 19.
S.D. Codified Laws § 36-6A-21.1 — SD Code / Title 36 / Chapter 6A / Section 36-6A-21.1
Inspection of premises--Confidentiality of records
Status: in_force

Pursuant to a complaint concerning the health or safety of patients or the public, the board, or any of its members, officers, agents, or employees so authorized, may enter and inspect, during business hours, any place where dentistry is practiced for the purpose of enforcing this chapter. The inspection may include any dental or drug records, and the copying thereof, and inventories relating to drugs and controlled substances required to be kept under the provisions of chapter 34-20B . The board, its members, officers, agents, and employees shall maintain the confidential nature of any records obtained pursuant to this section. Refusal to allow an inspection may constitute unprofessional or dishonorable conduct.

Source: SL 2015, ch 199, § 18.
S.D. Codified Laws § 36-12-26 — SD Code / Title 36 / Chapter 12 / Section 36-12-26
Reinstatement after revocation of license
Status: in_force

Any person whose license has been revoked may apply to the Board of Veterinary Medical Examiners for reinstatement and relicense, and if the board is satisfied that such conduct will be discontinued may reissue a license to such person.

Source: SL 1961, ch 201, § 13.
S.D. Codified Laws § 36-9A-4 — SD Code / Title 36 / Chapter 9A / Section 36-9A-4
Licensing requirements
Status: in_force

No person may be licensed to practice as a certified nurse practitioner or certified nurse midwife unless the person:

(1) Is currently licensed by the Board of Nursing as a registered nurse or has a privilege to practice;

(2) Has completed an approved program for the preparation of certified nurse practitioners or certified nurse midwives;

(3) Has passed any examination, written or oral, or both, which the board may require; and

(4) Has completed a minimum of one thousand forty practice hours as a licensed certified nurse practitioner or certified nurse midwife; or

(5) Has a written collaborative agreement with a physician, licensed pursuant to chapter 36-4 , or a certified nurse practitioner or certified nurse midwife licensed under this chapter, to meet the one thousand forty hour practice requirement; and

(6) Is otherwise qualified under § 36-9A-29 .

Source: SL 1979, ch 256, § 4; SL 1995, ch 218, § 7; SL 1999, ch 192, § 12; SL 2017, ch 171, § 7.
S.D. Codified Laws § 36-11-4.1 — SD Code / Title 36 / Chapter 11 / Section 36-11-4.1
Lay member of board--Appointment and term of office
Status: in_force

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

Source: SL 1973, ch 2, § 58.
S.D. Codified Laws § 36-28-1 — SD Code / Title 36 / Chapter 28 / Section 36-28-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Board," the South Dakota Board of Nursing Facility Administrators;

(2) "Nursing facility," any institution or facility defined as such for licensing purposes under South Dakota law or pursuant to the rules for nursing facilities and homes for the aged by the State Department of Health, whether proprietary or nonprofit, including nursing facilities owned or administered by the federal or state government or an agency or political subdivision thereof;

(3) "Nursing facility administrator," a person who administers, manages, supervises, or is in general administrative charge of a nursing facility, whether the individual has an ownership interest in such facility and whether the function and duties are shared with one or more individuals. However, no person serving as a member of a nursing facility's board of directors is a nursing facility administrator unless the person is also serving in the requisite administration capacity as here defined; and

(4) "Administrator-in-training program," an internship completed under the supervision of a preceptor that meets the requirements established by the board pursuant to chapter 1-26 .

Source: SL 1969, ch 113, § 1; SDCL Supp, § 34-12A-1; SL 2014, ch 186, § 1.
S.D. Codified Laws § 36-10-24 — SD Code / Title 36 / Chapter 10 / Section 36-10-24
Unlicensed practice or use of title as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person not licensed under this chapter as a physical therapist or as a physical therapist assistant, or whose license has been suspended or revoked, or whose licensure has lapsed, to engage in the practice of physical therapy, unless exempt under the provisions of this chapter or, use in connection with their name the words or letters L.P.T., Licensed Physical Therapist; D.P.T., Doctor of Physical Therapy; L.P.T.A., Licensed Physical Therapist Assistant; Physical Therapist; Physio Therapist; or any other letters, words, or insignia indicating or implying that the person is a physical therapist or a physical therapist assistant.

Source: SL 1955, ch 96, § 10; SDC Supp 1960, § 27.9956; SDCL § 36-10-2; SL 1972, ch 205, § 28; SL 1977, ch 190, § 159; SL 1978, ch 270, § 8; SL 1996, ch 231, § 4; SL 2017, ch 173, § 3.
S.D. Codified Laws § 36-27A-7 — SD Code / Title 36 / Chapter 27A / Section 36-27A-7
Removal of board members--Vacancies--Limitation of successive terms
Status: in_force

The Governor may remove a member of the Board of Examiners of Psychologists for cause. If there is a vacancy on the board caused by the death, resignation, or removal from the state of a member or for any other reason, 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 1976, ch 235, § 8; SDCL Supp, § 36-27-13; SL 1981, ch 281, § 7; SL 2005, ch 199, § 66.
S.D. Codified Laws § 36-9-49.1 — SD Code / Title 36 / Chapter 9 / Section 36-9-49.1
Physical or mental condition as ground for denial, revocation or suspension--Examination--Immediate suspension upon failure to submit
Status: in_force

In addition to the provisions for summary suspension in § 1-26-29 , the board may take action pursuant to § 36-9-49 upon a showing that the physical or mental condition of the licensee or applicant endangers the health or safety of a person who is or will be entrusted to the licensee's or applicant's care. A majority of the board may demand an examination of the licensee or applicant by a competent medical or psychological examiner selected by the board at the board's expense. If the licensee, or applicant fails to submit to the examination, the board may immediately suspend the license or deny the application.

Source: SDCL § 36-9-49 (7) as added by SL 1976, ch 228, § 37; SL 1979, ch 255, § 45; SL 1986, ch 307, § 29; SL 1993, ch 276, § 2; SL 2016, ch 194, § 31.