S.D. Codified Laws § 36-25-6.1 — SD Code / Title 36 / Chapter 25 / Section 36-25-6.1
Commission continued within Department of Labor and Regulation--Records and reports
Status: in_force

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

Source: SL 1973, ch 2 (73-1), §§ 3(d), 56(o); SL 2003, ch 272 (Ex. Ord. 03-1), § 49; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 36-25-30 — SD Code / Title 36 / Chapter 25 / Section 36-25-30
Violation of chapter as misdemeanor
Status: in_force

Any person, firm, or corporation violating any provision of this chapter is guilty of a Class 2 misdemeanor.

Source: SL 1970, ch 222, § 13; SL 1977, ch 190, § 203.
S.D. Codified Laws § 36-4-29.1 — SD Code / Title 36 / Chapter 4 / Section 36-4-29.1
Summary suspension of license, resident license, or certificate--Hearing
Status: in_force

If the Board of Examiners finds that public health, safety, or welfare imperatively require emergency action, and incorporates a finding to that effect in its order, or has information filed with the board that a holder of a license, resident license, or certificate improperly obtained a license, resident license, or certificate from the board, summary suspension of a license, resident license, or certificate may be ordered pending final action by the Board of Examiners. The Board of Examiners shall convene a hearing which shall be promptly instituted and determined and take action as provided in § 36-4-29 .

Source: SL 1983, ch 267; SL 1985, ch 297, § 19; SL 2009, ch 178, § 10; SL 2013, ch 172, § 11.
S.D. Codified Laws § 36-19-11 — SD Code / Title 36 / Chapter 19 / Section 36-19-11
Fees paid to treasurer--Use of fees
Status: in_force

All fees collected under the provisions of this chapter shall be paid to the treasurer of the State Board of Funeral Service, to be used for the purpose of defraying its necessary salaries and expenses.

Source: SDC 1939, § 27.1405; SL 1963, ch 154, § 2.
S.D. Codified Laws § 36-9A-25 — SD Code / Title 36 / Chapter 9A / Section 36-9A-25
Inactive status
Status: in_force

The holder of a current license may file with the board a written application, together with the required fee, requesting inactive status.

Source: SL 1979, ch 256, § 17; SL 1995, ch 218, § 17; SL 2017, ch 171, § 30.
S.D. Codified Laws § 36-20B-44 — SD Code / Title 36 / Chapter 20B / Section 36-20B-44
Random review of licensee's work
Status: in_force

The board may review the publicly available professional work of licensees or an individual with practice privileges under the provisions of § 36-20B-66 or 36-20B-67 on a general and random basis, without any requirement of a formal complaint or suspicion of impropriety on the part of any particular licensee. If, as a result of such review, the board discovers grounds for a more specific investigation, the board may proceed as prescribed under this chapter.

Source: SL 2002, ch 179, § 45; SL 2009, ch 185, § 11.
S.D. Codified Laws § 36-21A-140 — SD Code / Title 36 / Chapter 21A / Section 36-21A-140
Licensee as limited agent--Written consent of all parties required--Duties and obligations
Status: in_force

A licensee may act as a limited agent only with the informed written consent of all parties to the transaction. A limited agent is an agent for both the seller and the buyer and has the following duties and obligations:

(1) To perform the terms of any written agreement made with the client;

(2) To exercise reasonable skill and care for the client;

(3) To present all written offers to and from the client in a timely manner regardless of whether the client is already a party to a contract to purchase property or is already a party to a contract or a letter of intent to lease;

(4) To disclose to the client adverse material facts known by the licensee;

(5) To advise the client to obtain expert advice as to material matters about which the licensee knows but the specifics of which are beyond the expertise of the licensee;

(6) To account in a timely manner for all money and property received; and

(7) To comply with any applicable federal, state, and local laws, rules, regulations, and ordinances, including fair housing and civil rights statutes or regulations.

Source: SL 1998, ch 229, § 17.
S.D. Codified Laws § 36-14-14 — SD Code / Title 36 / Chapter 14 / Section 36-14-14
Qualifications for transfer of license or registration from another state or country
Status: in_force

Any person who is at least eighteen years of age may transfer a barber license or registration to this state if the applicant has:

(1) A license or certificate of registration as a barber from another state or country that has substantially the same requirements for licensing or registering barbers as required by this chapter; or

(2) Can prove by affidavits that the applicant has practiced as a barber in another state or country for at least five years.

After a qualified applicant pays the required fee, the Board of Barber Examiners shall issue a certificate of registration to practice barbering. If an applicant applying to transfer a barber license or registration to this state from another state or country that requires less than fifteen hundred hours of instruction as a prerequisite to licensing, the applicant shall receive an additional fifty hours of credit for each month the applicant has practiced as a licensed barber in the other state or country. This credit shall be applied toward the required fifteen hundred hours of instruction required by § 36-14-17 .

Source: SDC 1939, § 27.1613; SL 1968, ch 117, § 5; SL 1987, ch 272, § 3; SL 2017, ch 175, § 6.
S.D. Codified Laws § 36-9-94 — SD Code / Title 36 / Chapter 9 / Section 36-9-94
Practice privileges--Power of board to limit or revoke
Status: in_force

The Board of Nursing may limit, revoke, or take other action against a person's practice privilege in this state if disciplinary action has been taken on the person's practice privilege granted by another party state.

Source: SL 2000, ch 192, § 3.
S.D. Codified Laws § 36-21C-4 — SD Code / Title 36 / Chapter 21C / Section 36-21C-4
Application for license--Requirements
Status: in_force

An applicant for a license as a home inspector shall file a written application provided by the commission showing that the applicant meets the following requirements:

(1) Good moral character;

(2) Successful completion of high school or high school equivalency;

(3) Employment as a registered home inspector for no less than one year and performance of not less than one hundred home inspections for compensation; and

(4) Successful completion of a licensing examination approved by the commission.

Source: SL 2000, ch 194, § 4.
S.D. Codified Laws § 36-13-27 — SD Code / Title 36 / Chapter 13 / Section 36-13-27
Destroyed public records replaced from abstracter's records--Expense
Status: in_force

If the records of any county are destroyed or so spoiled as to be unintelligible, any of the certified abstracters in that county shall furnish to the county a copy of any of its abstracts, indexes, or other records of any instruments that the county may require by resolution of its board of county commissioners. The board of county commissioners shall pay the actual cost of copying the abstracts, indexes, or other records.

Source: SDC 1939, § 1.0113; SL 2008, ch 195, § 33.
S.D. Codified Laws § 36-21A-138 — SD Code / Title 36 / Chapter 21A / Section 36-21A-138
Buyer's agent has no fiduciary duty to customer
Status: in_force

No licensee acting as a buyer's or tenant's agent owes any fiduciary duty or obligation to a customer. A licensee shall provide disclosure of all adverse material facts known by the licensee to any customer.

No buyer's or tenant's agent owes any duty to conduct an independent investigation of the client's financial condition.

Source: SL 1998, ch 229, § 15.
S.D. Codified Laws § 36-6A-39 — SD Code / Title 36 / Chapter 6A / Section 36-6A-39
Fee-splitting as misdemeanor--Partnerships and employment excepted
Status: in_force

Except as permitted by chapter 47-12 , it is a Class 2 misdemeanor for any licensee, registrant, or dental corporation to divide fees with, or to promise to pay a part of a fee to, or to pay a commission to any dentist or any other person, who sends patients for treatment or operation. However, nothing in this section prohibits dentists from forming a bona fide partnership for the practice of dentistry, nor the actual employment of a licensee or registrant.

Source: SDC 1939, §§ 27.0615, 27.9916; SL 1971, ch 213, § 27; SL 1977, ch 190, § 150; SL 1992, ch 269, § 41; SL 2015, ch 199, § 42.
S.D. Codified Laws § 36-4B-17 — SD Code / Title 36 / Chapter 4B / Section 36-4B-17
Permitted practice--Paramedics
Status: in_force

A paramedic may:

(1) Respond to, assess, and triage nonurgent, urgent, and emergent requests for medical care;

(2) Apply basic and focused advanced knowledge and skills necessary to determine patient physiologic, psychological, and psychosocial needs;

(3) Perform interventions with the basic and advanced equipment typically found in an ambulance, including diagnostic equipment approved by an ambulance service medical director;

(4) Administer medications approved by the board;

(5) Provide specialized interfacility care during patient transport; and

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

Source: SL 1978, ch 269, § 17; SL 1987, ch 200, § 6; SL 2024, ch 153, § 14.
S.D. Codified Laws § 36-11A-1.3 — SD Code / Title 36 / Chapter 11A / Section 36-11A-1.3
Transaction information defined
Status: in_force

As used in this chapter, the term, transaction information, means the proprietary or established name or names of the product, the strength and dosage form of the product, the national drug code number of the product, the container size, the number of containers, the lot number of the product, the transaction date, the shipment date, if more than twenty-four hours after the transaction date, the business name and address of the transferring person, and the business name and address of the transferee person.

Source: SL 2017, ch 174, § 4.
S.D. Codified Laws § 36-35-4 — SD Code / Title 36 / Chapter 35 / Section 36-35-4
Selection of officers
Status: in_force

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

Source: SL 2005, ch 206, § 4; SL 2016, ch 197, § 3.
S.D. Codified Laws § 36-9-67 — SD Code / Title 36 / Chapter 9 / Section 36-9-67
Withdrawal of board approval on failure to correct deficiencies
Status: in_force

If an institution fails to correct the deficiencies for which notice is given pursuant to § 36-9-66 to the satisfaction of the Board of Nursing within a reasonable time, the board shall conduct proceedings under chapter 1-26 and may, if appropriate, withdraw its approval of an institution's program.

Source: SL 1955, ch 91, § 8; SDC Supp 1960, § 27.0908 (2); SL 1967, ch 101, § 8 (2); SL 1976, ch 228, § 48; SL 1979, ch 255, § 64.
S.D. Codified Laws § 36-11-19.4 — SD Code / Title 36 / Chapter 11 / Section 36-11-19.4
Denial of nonresident pharmacy's application--Appeal
Status: in_force

The board may approve, approve with conditions, or deny the application for licensure or renewal of licensure as a nonresident pharmacy based on information concerning the qualifications of the applicant provided in the application. An applicant may appeal the decision of the board regarding licensure or renewal of licensure pursuant to contested case procedure in chapter 1-26 .

Source: SL 1997, ch 217, § 3.
S.D. Codified Laws § 36-20B-34 — SD Code / Title 36 / Chapter 20B / Section 36-20B-34
Information to be provided concerning status of permit in another state
Status: in_force

An applicant for initial issuance or renewal of a permit under this chapter shall list in the application any state in which the applicant has applied for or holds a permit as a CPA firm and shall list any past denial, revocation, or suspension of a permit by any other state.

Source: SL 2002, ch 179, § 35.
S.D. Codified Laws § 36-12-4 — SD Code / Title 36 / Chapter 12 / Section 36-12-4
Period of practice required for appointment to board
Status: in_force

Except as provided by § 36-12-5.1 , no one shall be eligible for appointment to the State Board of Veterinary Medical Examiners who has not actively engaged in the practice of veterinary medicine in the State of South Dakota for a period of five years immediately prior to his appointment.

Source: SL 1961, ch 201, § 2; revised pursuant to SL 1973, ch 2, § 58.
S.D. Codified Laws § 36-21A-18 — SD Code / Title 36 / Chapter 21A / Section 36-21A-18
Executive director--Duties
Status: in_force

The commission shall employ an executive director who shall perform the following duties:

(1) Keep a record of all proceedings, transactions, communications and official acts of the commission;

(2) Be custodian of all moneys received;

(3) Deposit all moneys in depositories designated by the commission;

(4) Be custodian of all records of the commission; and

(5) Such other duties as the commission may require.

Source: SL 1992, ch 273, § 18; SL 2013, ch 177, § 7.
S.D. Codified Laws § 36-5-22 — SD Code / Title 36 / Chapter 5 / Section 36-5-22
Criminal background investigation of applicants for licensure
Status: in_force

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

Source: SL 2007, ch 212, § 1; SL 2021, ch 173, § 30.
S.D. Codified Laws § 36-18A-19 — SD Code / Title 36 / Chapter 18A / Section 36-18A-19
Accounting for moneys received--Disbursement of funds--Vouchers and warrants
Status: in_force

The executive director of the board shall receive and account for all money derived under the provisions of this chapter. All money shall be used by the board to administer the duties set forth under this chapter. The board may determine the manner of disbursing the money and purposes for which disbursements shall be made. Warrants for the payment of disbursements shall be issued by the state auditor and paid by the state treasurer upon presentation of itemized vouchers approved by the board. The total of the warrants may not exceed the total balance.

Source: SL 1999, ch 195, § 19.
S.D. Codified Laws § 36-9C-5 — SD Code / Title 36 / Chapter 9C / Section 36-9C-5
Practice controlled by Board of Certified Professional Midwives
Status: in_force

The practice in this state as a certified professional midwife or certified professional midwife student is subject to the control and regulation of the board established by § 36-9C-6 . The board may license, supervise the practice, and otherwise discipline any person applying for or practicing as a certified professional midwife or certified professional midwife student.

Source: SL 2017, ch 172, § 5.
S.D. Codified Laws § 36-14-30 — SD Code / Title 36 / Chapter 14 / Section 36-14-30
Barbershop license--Annual inspection--Subsequent inspection
Status: in_force

After the inspection provided for in § 36-14-28 , a barbershop must be inspected annually by the Board of Barber Examiners. The board may charge a fee for an annual inspection. If the barbershop does not pass the annual inspection and the inspector must go back to the barbershop for a subsequent inspection, the board may charge the barbershop owner for the cost of the subsequent inspection.

Source: SDC 1939, § 27.1607 as added by SL 1961, ch 132; SL 1995, ch 220, § 4; SL 2025, ch 155, § 5, eff. Mar. 10, 2025.
S.D. Codified Laws § 36-9-29 — SD Code / Title 36 / Chapter 9 / Section 36-9-29
Board to examine, license, and renew licenses
Status: in_force

The board may examine, license, and renew the licenses of qualified applicants.

Source: SL 1955, ch 91, § 3; SDC Supp 1960, § 27.0903 (3) (f); SL 1967, ch 101, § 3 (3) (f); SL 1979, ch 255, §§ 17, 18; SL 2016, ch 194, § 16.
S.D. Codified Laws § 36-21B-5 — SD Code / Title 36 / Chapter 21B / Section 36-21B-5
Fees credited to Real Estate Appraisers Fund
Status: in_force

All moneys coming into the custody of the Department of Labor and Regulation including certificate fees, renewal fees, reciprocity fees, penalty fees, and any other payments, shall be deposited by the department to the state treasurer weekly, or as prescribed by the state treasurer. The state treasurer shall credit the moneys to the South Dakota Real Estate Appraiser Fund. Expenditures from this fund shall only be paid on warrants drawn by the state auditor and approved by the department.

Source: SL 1995, ch 223, § 7; SL 2004, ch 17, § 238; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 162, eff. Apr. 12, 2011.
S.D. Codified Laws § 36-4C-23 — SD Code / Title 36 / Chapter 4C / Section 36-4C-23
Investigation of violations
Status: in_force

The board shall investigate every alleged violation of this chapter pursuant to the procedures set forth in chapter 36-1C. If the alleged violation is committed by a nonlicensee, the board shall report it to the proper law enforcement officials of the county wherein the alleged violation has occurred.

Source: SL 1993, ch 273, § 23; SL 2021, ch 168, § 18.
S.D. Codified Laws § 36-21D-11 — SD Code / Title 36 / Chapter 21D / Section 36-21D-11
Permissible conduct
Status: in_force

No appraisal management company violates § 36-21D-10 solely by asking a real estate appraiser to:

(1) Consider additional, appropriate property information;

(2) Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or

(3) Correct errors in the appraisal report.

An appraisal management company may retain a real estate appraiser from panels or lists on a rotating basis; supply an appraiser with information the appraiser is required to analyze under the appraisal standards adopted by the department, such as agreements of sale, options, and listings of the property to be valued; and withhold payment of an appraisal fee based on a bona fide dispute regarding the appraiser's compliance with the appraisal standards adopted by the Department of Labor and Regulation pursuant to this chapter.

Source: SL 2011, ch 184, § 11.
S.D. Codified Laws § 36-27A-11 — SD Code / Title 36 / Chapter 27A / Section 36-27A-11
License of another state
Status: in_force

A psychologist licensed by another state, or by a province of Canada, may practice within this state for a maximum of six months, during which time the psychologist's credentials shall be reviewed and the psychologist's application for licensing accepted or denied. Within thirty calendar days after the commencement of the psychologist's practice in this state, the psychologist shall apply to the Board of Examiners of Psychologists for licensing. The board, upon application and payment of the license fee, shall license any person who is licensed by any other country, state, territory or possession of the United States, if the license was issued under the minimum requirements of this chapter and who has practiced at least five years in such jurisdiction, and who does not have a complaint pending with such state or province, or any other jurisdiction. The application shall include a consent by the applicant for the release of information by all prior jurisdictions where licensed of all information relative to the applicant, including any disciplinary proceedings even if, by agreement or otherwise, the proceedings are confidential.

Source: SL 1976, ch 235, § 12; SDCL Supp, § 36-27-22; SL 1981, ch 281, § 11; SL 2008, ch 197, § 4.
S.D. Codified Laws § 36-2-8 — SD Code / Title 36 / Chapter 2 / Section 36-2-8
Officers of armed forces and federal service exempt
Status: in_force

Nothing contained in this chapter shall be construed to apply to any person who is qualified and authorized to practice any of the healing arts who is a commissioned officer in the United States Army, Navy, Air Force, or Marine Hospital Service, or of the United States Veterans' Administration, or of the United States Public Health Service, in the actual performance of his duties.

Source: SL 1953, ch 130, § 3; SDC Supp 1960, § 27.0319 (2).
S.D. Codified Laws § 36-20B-35 — SD Code / Title 36 / Chapter 20B / Section 36-20B-35
Notice to be given of certain changes--Failure to comply
Status: in_force

Each holder of or applicant for a permit under this chapter shall notify the board in writing, within thirty days after its occurrence, of any change in the identity of any partner, officer, shareholder, member, or manager whose principal place of business is in this state, any change in the identity of the person in charge of the firm, and any issuance, denial, revocation, or suspension of a permit by any other state.

Firms failing to comply with the provisions of this chapter due to changes in firm ownership, after receiving or renewing a permit, shall take immediate corrective action to return the firm to compliance. The board may grant a reasonable period of time for a firm to take corrective action as specified by rule promulgated pursuant to chapter 1-26 . Failure of the firm to comply within a reasonable period as defined by the board shall result in the suspension or revocation of the firm permit.

Source: SL 2002, ch 179, § 36; SL 2013, ch 175, § 5.
S.D. Codified Laws § 36-11-36 — SD Code / Title 36 / Chapter 11 / Section 36-11-36
Pharmacy license--Public display
Status: in_force

Each pharmacy license issued by the board must be posted in a place in the pharmacy that is viewable by the public.

Source: SDC 1939, § 27.1015; SL 1943, ch 105; SL 1953, ch 122; SL 1967, ch 102, § 15; SL 2025, ch 154, § 22.
S.D. Codified Laws § 36-9-86 — SD Code / Title 36 / Chapter 9 / Section 36-9-86
Requirements for license as clinical nurse specialist
Status: in_force

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

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

(2) Has completed an accredited graduate or post-graduate level advanced practice registered nurse program in the clinical nurse specialist role;

(3) Is currently certified by a national certifying body recognized by the board in the clinical nurse specialist role; and

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

Any person licensed pursuant to §§ 36-9-85 to 36-9-91 , inclusive, prior to July 1, 1996, is exempt from subdivision (3) of this section. The board may promulgate rules, pursuant to chapter 1-26 , regarding the application and examination process for licensure as a clinical nurse specialist.

Source: SL 1995, ch 217, § 9; SL 2016, ch 194, § 40.
S.D. Codified Laws § 36-37-7 — SD Code / Title 36 / Chapter 37 / Section 36-37-7
Telehealth authorized
Status: in_force

Any person who is licensed pursuant to this chapter may provide speech-language pathology services via telehealth. Services delivered via telehealth must be equivalent to the quality of services delivered face-to-face.

For the purposes of this section, the term, telehealth, has the meaning provided in § 34-52-1 .

Source: SL 2012, ch 196, § 7; SL 2023, ch 141, § 5.
S.D. Codified Laws § 36-20B-26 — SD Code / Title 36 / Chapter 20B / Section 36-20B-26
Certificate to applicant licensed by another state--Establishing principal place of business--Requirements
Status: in_force

Before establishing a principal place of business in this state, a person who is licensed by another state must request a certificate from the board. The board shall issue a certificate to any applicant who obtains, from the board of the other state, verification that the applicant's qualifications are comparable to the licensure requirements of this chapter, as determined by the board.

Source: SL 2002, ch 179, § 27; SL 2009, ch 185, § 3; SL 2026, ch 160, § 7.
S.D. Codified Laws § 36-15-58.3 — SD Code / Title 36 / Chapter 15 / Section 36-15-58.3
Quorum of commission at hearing on cancellation, revocation or suspension
Status: in_force

All proceedings relative to the cancellation, revocation or suspension of a license, or relative to reissuing a license which has been revoked or suspended shall only be held when a majority of the members of the commission are present at such hearings.

Source: SL 1972, ch 206, § 49.
S.D. Codified Laws § 36-21A-102 — SD Code / Title 36 / Chapter 21A / Section 36-21A-102
Minimum balance in recovery fund--Separate fee payable to restore minimum balance
Status: in_force

If at the end of any calendar year the amount remaining in the real estate recovery fund is less than one hundred thousand dollars, every person registering pursuant to this chapter shall pay, in addition to the biennial registration fee, a separate fee in an amount declared sufficient by the commission to restore the balance in the fund to at least one hundred thousand dollars.

Source: SL 1992, ch 273, § 102.
S.D. Codified Laws § 36-34-3 — SD Code / Title 36 / Chapter 34 / Section 36-34-3
Appointment of board members--Terms
Status: in_force

The Governor shall appoint the members to the board for terms of three years which shall begin on the thirty-first day of October. The appointee's term shall expire on October thirtieth in the third year of appointment.

Source: SL 2004, ch 253, § 4; SL 2005, ch 199, § 77; SL 2012, ch 16, § 6.
S.D. Codified Laws § 36-6A-52 — SD Code / Title 36 / Chapter 6A / Section 36-6A-52
Annual renewal of license or registration--Information and fee--Notice
Status: in_force

As a condition of annual renewal of a license or registration, each licensee or registrant shall, on or before the first day of July each year, transmit to the board, upon a form prescribed by the board, information reasonably related to the administration of a licensure or registration system in the interest of public health and safety, together with the fee established by the board. Failure of a licensee or registrant to renew a license or registration on or before the first day of July constitutes a suspension of the license or registration held by the licensee or registrant. At least thirty days before July first, the board shall cause a written notice stating the amount and due date of the fee and the information to be provided by the licensee or registrant, to be sent to each licensee and registrant. Each licensee and registrant shall report the information as a condition of the license or registration renewal.

Source: SDC 1939, §§ 27.0609, 27.0610; SL 1943, ch 103; SDCL § 36-6-41; SL 1971, ch 213, § 30; SL 1981, ch 275, § 22; SL 1992, ch 269, § 44; SL 2010, ch 188, § 1; SL 2015, ch 199, § 65.
S.D. Codified Laws § 36-4B-16.3 — SD Code / Title 36 / Chapter 4B / Section 36-4B-16.3
Permitted practice--Emergency medical responders
Status: in_force

An emergency medical responder may:

(1) Provide initial emergency care, consisting of first aid and basic life support to a patient at the scene of an emergency; and

(2) Assist an emergency medical technician or advanced life support personnel both at the scene of an emergency and during the transport of a patient to a medical facility.

An emergency medical responder may not make decisions independently regarding the appropriate disposition of a patient.

Source: SL 2024, ch 153, § 15.
S.D. Codified Laws § 36-18A-15 — SD Code / Title 36 / Chapter 18A / Section 36-18A-15
Board member qualifications
Status: in_force

Each member of the board shall be a citizen of the United States, a resident of this state, and in good standing with the board. Any member of the board whose individual license is revoked or suspended automatically ceases to be a member of the board. The public member may not be or have been engaged in any activity subject to licensure under this chapter. The members may not all be of the same political party.

Source: SL 1999, ch 195, § 15; SL 2007, ch 219, § 8.
S.D. Codified Laws § 36-2-10 — SD Code / Title 36 / Chapter 2 / Section 36-2-10
Religious practitioners exempt
Status: in_force

Nothing contained in this chapter shall be construed to interfere with the practice of those who endeavor to prevent or cure disease or suffering by spiritual means or prayer.

Source: SL 1953, ch 130, § 3; SDC Supp 1960, § 27.0319 (6).
S.D. Codified Laws § 36-26-17.1 — SD Code / Title 36 / Chapter 26 / Section 36-26-17.1
Certain healing arts practitioners to participate in alternate health care delivery systems
Status: in_force

Any licensed social worker licensed under § 36-26-17 , may organize or contract for services with a corporation organized under the laws of this state by licensed practitioners of the healing arts, for the purpose of negotiating group health care contracts and providing services within the scope of their respective licenses with alternate health care delivery systems, including, but not limited to, health maintenance organizations, preferred provider organizations, individual practices organizations or other similar forms of entity whatever.

Source: SL 1987, ch 269, § 2.
S.D. Codified Laws § 36-24-1.6 — SD Code / Title 36 / Chapter 24 / Section 36-24-1.6
Scope of audiology
Status: in_force

The scope of practice of audiology involves:

(1) Activities that identify, assess, diagnose, manage, and interpret test results related to disorders of human hearing, balance, and other neural systems;

(2) Management of cerumen in order to evaluate hearing or balance, make ear impressions, fit hearing protection or prosthetic devices, and monitor the continuous use of hearing aids;

(3) The conduct and interpretation of behavioral, electroacoustic, or electrophysiologic methods used to assess hearing, balance, and neural system function;

(4) Evaluation and treatment of children and adults with central auditory processing disorders;

(5) Supervision and conduct of newborn hearing screening programs;

(6) Measurement and interpretation of sensory and motor evoked potentials, electromyography, and other electrodiagnostic tests for purposes of neurophysiologic intraoperative monitoring and cranial nerve assessment;

(7) Provision of hearing care by selecting, evaluating, fitting, facilitating adjustment to, and dispensing prosthetic devices, hearing aids, sensory aids, hearing assistive devices, alerting and telecommunication systems, and captioning devices for hearing loss;

(8) Assessment of the candidacy of persons with hearing loss for a cochlear implant, auditory osseointegreated device, or auditory brainstem implant, the provision of fitting and programming the device or implant, and the provision of audiological rehabilitation to optimize device or implant use;

(9) Provision of audiological rehabilitation, including speech reading, communication management, language development, auditory skill development, and counseling for psychosocial adjustment to hearing loss for persons with hearing loss and their families or caregivers;

(10) Consultation to educators as members of interdisciplinary teams about communication management, educational implications of hearing loss, educational programming, classroom acoustics, and large - area amplification systems for children with hearing loss;

(11) Prevention of hearing loss and conservation of hearing function by designing, implementing, and coordinating occupational, school, and community hearing conservation and identification programs;

(12) Consultation and provision of rehabilitation to persons with balance disorders using habituation, exercise therapy, and balance retraining;

(13) Design and conduct of basic and applied audiologic research to increase the knowledge base, to develop new methods and programs, and to determine the efficacy of assessment and treatment paradigms; and the dissemination of research findings to other professionals and to the public. For the purpose of this chapter, the term "research" does not include activities that take place under the auspices of a recognized institutional review board;

(14) Education and administration in audiology graduate and professional education programs;

(15) Measurement of functional outcomes, consumer satisfaction, effectiveness, efficiency, and cost - benefit of practices and programs to maintain and improve the quality of audiological services;

(16) Administration and supervision of professional and technical personnel who provide support functions to the practice of audiology;

(17) Screening of factors affecting communication function for the purposes of an audiological evaluation or initial identification of individuals with other communication disorders;

(18) Consultation about accessibility for persons with hearing loss in public and private buildings, programs, and services;

(19) Assessment and nonmedical management of tinnitus;

(20) Consultation to individuals, public and private agencies, and governmental bodies, or as an expert witness, regarding legal interpretations of audiology findings, effects of hearing loss and balance system disorders, and relevant noise - related considerations;

(21) Case management and service as a liaison for consumers, families, and agencies in order to monitor audiologic status and management and to make recommendations about educational and vocational programming;

(22) Consultation to industry on the development of products and instrumentation related to the measurement and management of auditory or balance function; and

(23) Participation in the development of professional and technical standards.

Source: SL 1997, ch 221, § 7; SL 2024, ch 159, § 2.
S.D. Codified Laws § 36-9-77 — SD Code / Title 36 / Chapter 9 / Section 36-9-77
Funding for education assistance scholarship program
Status: in_force

Funding for the nurses' education assistance scholarship program shall be established as follows:

(1) By setting aside in a special account ten dollars of each registered nurse and licensed practical nurse biennial license renewal fee;

(2) Donations and bequests from individuals wishing to further the intent of the nurses' education assistance scholarship program; and

(3) Additional funds as may from time to time be designated by the board.

Source: SL 1989, ch 325, § 2; SL 2014, ch 180, § 6.
S.D. Codified Laws § 36-21A-11 — SD Code / Title 36 / Chapter 21A / Section 36-21A-11
Real estate and realty defined
Status: in_force

For the purposes of this chapter, real estate or realty is any interest or estate in real property or the property's improvements or fixtures whether corporeal, incorporeal, freehold or nonfreehold, and whether the real property is situated in this state or elsewhere, and includes leaseholds, condominiums, air rights and mineral rights.

Source: SL 1992, ch 273, § 11.
S.D. Codified Laws § 36-15-50 — SD Code / Title 36 / Chapter 15 / Section 36-15-50
Temporary license issued on completion of apprenticeship--Duration of license
Status: in_force

Any person who successfully completes the term of apprenticeship pursuant to this chapter may apply to the commission for a temporary license which will authorize the applicant to perform all the practices of a regularly licensed cosmetologist, esthetician, or nail technician, as applicable. The temporary license application shall be accompanied with:

(1) Evidence satisfactory to the commission that the applicant possesses the qualifications required pursuant to § 36-15-15 ;

(2) Evidence satisfactory to the commission that the apprenticeship period has been completed;

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

(4) The application and fee for the cosmetologist or nail technician examination, as applicable.

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

Source: SDC 1939, § 27.1507 (8) as enacted by SL 1957, ch 118, § 1; SL 1972, ch 206, § 40; SL 1997, ch 218, § 20; SL 2003, ch 202, § 56; SL 2021, ch 176, § 6.
S.D. Codified Laws § 36-4-20.1 — SD Code / Title 36 / Chapter 4 / Section 36-4-20.1
Locum tenens certificate defined
Status: in_force

A locum tenens certificate is a certificate allowing the holder thereof to practice medicine in this state for a limited period of time and subject to the requirements and conditions set forth in said certificate.

Source: SDC Supp 1960, § 27.0308A as enacted by SL 1969, ch 105, § 7.
S.D. Codified Laws § 36-8-7 — SD Code / Title 36 / Chapter 8 / Section 36-8-7
Practices exempt from requirement of license
Status: in_force

This chapter shall not apply to any person otherwise licensed in this state to do any of the acts defined in § 36-8-1 as constituting the practice of podiatry, and shall not include the fitting, recommending, or sale of corrective shoes, arch supports, or medical or mechanical appliances by retail stores.

Source: SDC 1939, § 27.0804; SL 1959, ch 131, § 5.
S.D. Codified Laws § 36-12-21.7 — SD Code / Title 36 / Chapter 12 / Section 36-12-21.7
Maintenance of separate office by technician prohibited
Status: in_force

A veterinary technician registered under §§ 36-12-21.3 and 36-12-21.4 may not maintain or operate any office separate from the office of the licensed veterinarian by whom the technician is employed.

Source: SL 1973, ch 245, § 6; SL 1993, ch 280, § 8; SL 2008, ch 194, § 4.
S.D. Codified Laws § 36-21A-74 — SD Code / Title 36 / Chapter 21A / Section 36-21A-74
Preservation of records
Status: in_force

A licensee shall preserve for four years all listings, offers to purchase, closing statements and other records relating to any real estate transaction.

Source: SL 1992, ch 273, § 74.
S.D. Codified Laws § 36-15-29.3 — SD Code / Title 36 / Chapter 15 / Section 36-15-29.3
Branch school--Requirements for license
Status: in_force

No school may conduct an education program at a separate school premises unless the school premises is licensed by the commission as a branch school. The commission shall issue a license for a branch school if the applicant meets the following requirements:

(1) The applicant holds a school license under § 36-15-29 that is accredited by a nationally recognized accrediting agency approved by the commission;

(2) The applicant completes the application and provides any required documentation;

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

(4) The applicant has no violations with another cosmetology board;

(5) The branch school offers at least twenty-five percent of the required hours for cosmetology education, nail technology education, or esthetics education or equivalent credit hours; and

(6) The applicant meets all requirements established by rules adopted pursuant to this chapter.

Source: SL 2009, ch 182, § 4.
S.D. Codified Laws § 36-11-7 — SD Code / Title 36 / Chapter 11 / Section 36-11-7
Salary and expenses of secretary
Status: in_force

The secretary of the Board of Pharmacy shall receive a salary which shall be fixed by the board. He shall also receive his traveling and other expenses incurred in the performance of his official duties pursuant to § 3-9-2 .

Source: SDC 1939, § 27.1005; SL 1967, ch 102, § 6; SL 1986, ch 27, § 27.
S.D. Codified Laws § 36-31-9 — SD Code / Title 36 / Chapter 31 / Section 36-31-9
Requirements for foreign-trained occupational therapists or assistants
Status: in_force

Any foreign - trained occupational therapist or occupational therapy assistant shall satisfy the examination requirements of subdivision 36-31-6(5). The board shall require foreign - trained applicants to furnish proof of good moral character and completion of educational and supervised fieldwork requirements substantially equal to those contained in § 36-31-6 before taking the examination.

Source: SL 1986, ch 323, § 9.
S.D. Codified Laws § 36-5-16.1 — SD Code / Title 36 / Chapter 5 / Section 36-5-16.1
Suspension, reprimand, or probation in lieu of revocation--Hearing
Status: in_force

The board may, in lieu of revocation, suspend a licensee, issue a formal reprimand, or place the licensee on probation under such terms and conditions as may be defined by the board after hearing.

Source: SDCL, § 36-5-16 as added by SL 1975, ch 232, § 10.
S.D. Codified Laws § 36-26-14 — SD Code / Title 36 / Chapter 26 / Section 36-26-14
Qualifications of certified social worker
Status: in_force

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

(1) Has a doctorate or master's degree from a school of social work accredited by the council on social work education;

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

Source: SL 1975, ch 22, § 13.
S.D. Codified Laws § 36-9A-21.1 — SD Code / Title 36 / Chapter 9A / Section 36-9A-21.1
Curricula and standards for educational programs
Status: in_force

The board may approve curricula and standards for educational programs preparing persons to meet licensure requirements under this chapter. An institution desiring to conduct an approved program shall apply to the board and submit evidence that it is prepared to provide a program that will meet the requirements of the board. The board may conduct a survey of an educational program of any institution in the state applying to conduct an approved program pursuant to this section. The board may deny approval of an educational program if the program fails to meet the curricula and educational program standards required in rules promulgated by the board pursuant to chapter 1-26 .

Source: SL 1982, ch 274, § 5; SL 1986, ch 302, § 58; SL 2017, ch 171, § 26.
S.D. Codified Laws § 36-13-18 — SD Code / Title 36 / Chapter 13 / Section 36-13-18
Additional bond required for certificate--Insufficient bond
Status: in_force

The board may at any time require any abstracter holding a certificate under the provisions of this chapter, upon thirty days' notice, to furnish such additional bonds as the board deems proper to meet the requirements of this chapter, and, in proceedings under chapter 1-26 , to show cause why any bond should not be held and declared insufficient and invalid or such certificates should not be recalled and annulled.

Source: SDC 1939, § 1.0107; revised pursuant to SL 1972, ch 15, § 4; SL 2008, ch 195, § 23.
S.D. Codified Laws § 36-34-7 — SD Code / Title 36 / Chapter 34 / Section 36-34-7
Quorum--Majority vote
Status: in_force

A majority of board members constitutes a quorum. A majority vote of those present constitutes a decision of the entire board.

Source: SL 2004, ch 253, § 8.
S.D. Codified Laws § 36-9C-35 — SD Code / Title 36 / Chapter 9C / Section 36-9C-35
Newborn screenings
Status: in_force

A certified professional midwife shall comply with all newborn screenings required by state law and administrative rule.

Source: SL 2017, ch 172, § 37.
S.D. Codified Laws § 36-9C-25 — SD Code / Title 36 / Chapter 9C / Section 36-9C-25
Appeal
Status: in_force

An aggrieved party may appeal a board decision pursuant to chapter 1-26 .

Source: SL 2017, ch 172, § 25.
S.D. Codified Laws § 36-4A-42 — SD Code / Title 36 / Chapter 4A / Section 36-4A-42
Promulgation of rules
Status: in_force

The board shall promulgate rules pursuant to chapter 1-26 pertaining to the licensure of physician assistants.

Source: SL 1973, ch 250, § 28; SL 1986, ch 302, § 56; SL 1999, ch 192, § 6; SL 2007, ch 207, § 27; SL 2021, ch 168, § 17; SL 2025, ch 149, § 18.
S.D. Codified Laws § 36-4C-13 — SD Code / Title 36 / Chapter 4C / Section 36-4C-13
Prescription and publication of fees
Status: in_force

The board shall prescribe and publish annual fees for the following by promulgating rules pursuant to chapter 1-26 :

(1) Initial license fee, not to exceed seventy-five dollars;

(2) Renewal of license fee, not to exceed sixty dollars;

(3) Late renewal fee, not to exceed ninety-five dollars; and

(4) Temporary permit fee, not to exceed forty dollars.

Source: SL 1993, ch 273, § 13; SL 2008, ch 191, § 8.
S.D. Codified Laws § 36-13-3 — SD Code / Title 36 / Chapter 13 / Section 36-13-3
Informational budget reviewed by Legislature--Deposit of funds with state treasurer--Abstracters' board of examiners account created
Status: in_force

Any money received by the board shall be set forth in an informational budget as described in § 4-7-7.2 and be annually reviewed by the Legislature. Any money received shall be deposited with the state treasurer. The state treasurer shall credit the money to the Abstracters' Board of Examiners account, which account is hereby created. The money in the account shall be used for the purpose of paying the expense of administering and enforcing the provisions of this chapter. The secretary-treasurer shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this chapter.

Source: SDC 1939, §§ 1.0101 to 1.0103; SDCL § 36-13-5 ; SL 1977, ch 298; SL 2008, ch 195, § 7.
S.D. Codified Laws § 36-34-13.10 — SD Code / Title 36 / Chapter 34 / Section 36-34-13.10
Renewal of recognition--Requirements--Reinstatement--Promulgation of rules
Status: in_force

The board may renew a recognition if the practitioner:

(1) Submits an application to the board for renewal before the expiration of the recognition;

(2) Pays the required renewal fee; and

(3) Provides documentation of accumulated work, supervision, or education hours, as required by the board.

Recognition is valid for one year from the date of issuance and may not be renewed more than four times. The board may establish procedures, in rules promulgated in accordance with chapter 1-26 , for the reinstatement of an expired recognition if a renewal application is received within thirty days after the expiration of the recognition.

Source: SL 2026, ch 163, § 7.
S.D. Codified Laws § 36-4A-6 — SD Code / Title 36 / Chapter 4A / Section 36-4A-6
Federal employees' activities not limited--Christian Scientists
Status: in_force

Nothing in this chapter limits the activities of a physician assistant employed by the federal government in the performance of their duties, nor to the Christian Scientists as such who do not practice medicine, surgery, or obstetrics by the use of any material remedies or agencies. Any physician assistant who is employed by the federal government and practices outside of the federal system shall be licensed and abide by the terms of this chapter.

Source: SL 1973, ch 250, § 21 (2); SL 2007, ch 207, § 5.
S.D. Codified Laws § 36-11-19 — SD Code / Title 36 / Chapter 11 / Section 36-11-19
Pharmacist license--Applicants registered in other states--Fee--Promulgation of rules
Status: in_force

The board may issue a license to practice pharmacy to an individual who applies to the board and submits satisfactory proof that the individual has been licensed by examination in another state, provided that the other state required a degree of competency at the time the individual was licensed at least equal to that required in this state at that same time.

The board may, in determining the degree of fitness required by other states' boards of pharmacy for granting licensure, join with other states' boards of pharmacy. Every individual applying for licensure pursuant to this section shall pay to the board an application fee, not to exceed one hundred fifty dollars, set by the board by rule promulgated pursuant to chapter 1-26 .

Source: SDC 1939, § 27-.1007; SL 1967, ch 102, § 9; SL 1986, ch 302, § 114; SL 2008, ch 191, § 26; SL 2025, ch 154, § 8.
S.D. Codified Laws § 36-21A-63 — SD Code / Title 36 / Chapter 21A / Section 36-21A-63
Approved courses for continuing education--List maintained--Standards
Status: in_force

The commission may accept attendance at approved lectures, seminars or courses as continuing education. The commission shall maintain a current list of approved sessions or courses of instruction. The commission shall, by rule promulgate pursuant to chapter 1-26 , set standards and fees for the approval of seminars or courses as continuing education.

Source: SL 1992, ch 273, § 63.
S.D. Codified Laws § 36-11-46.2 — SD Code / Title 36 / Chapter 11 / Section 36-11-46.2
Prescription prohibiting substitution--Requirements
Status: in_force

A practitioner may prohibit a pharmacist from selecting an equivalent drug product or interchangeable biological product by handwriting on the prescription drug order the words, brand necessary, or words of similar meaning. The prohibition may not be preprinted or stamped on the prescription drug order. This selection does not preclude a reminder of the procedure required for the practitioner to prohibit selection by a pharmacist from being preprinted on the prescription drug order. If an oral prescription is given to a pharmacist, the practitioner or practitioner's authorized agent shall instruct the pharmacist if selection of an equivalent drug product or interchangeable biological product is prohibited. The pharmacist shall note the instructions on the file copy of the prescription drug order.

Source: SL 1978, ch 271, § 4; SL 1990, ch 306, § 2; SL 1993, ch 277, § 3; SL 2018, ch 231, § 4.
S.D. Codified Laws § 36-26-8 — SD Code / Title 36 / Chapter 26 / Section 36-26-8
Per diem and expenses of board members--Compensation of secretary-treasurer--Employment of office personnel
Status: in_force

Each board member shall receive per diem set pursuant to § 4-7-10.4 and expenses at the same rate as other state employees while actually engaged in the board's official duties. The secretary-treasurer shall be paid additional compensation for the secretary-treasurer's services as shall be unanimously agreed to by the full board membership. The board, pursuant to chapter 3-6D , may hire office personnel deemed necessary by the board for carrying on the board's official duties and shall set the compensation to be paid the personnel.

Source: SL 1975, ch 22, § 39; SL 1973, ch 23; SL 2018, ch 12, § 19.
S.D. Codified Laws § 36-35-7 — SD Code / Title 36 / Chapter 35 / Section 36-35-7
Compensation of board members
Status: in_force

Board members shall receive a per diem set pursuant to § 4-7-10.4 and expenses at the same rate as other state employees while actually engaged in official duties.

Source: SL 2005, ch 206, § 7.
S.D. Codified Laws § 36-4-32 — SD Code / Title 36 / Chapter 4 / Section 36-4-32
Suspension of license, resident license, or certificate for mental incompetence
Status: in_force

In case any person holding a license, resident license, or certificate to practice allopathic or osteopathic medicine, surgery and obstetrics shall by any final order or adjudication of any court of competent jurisdiction be adjudged to be mentally incompetent or insane, the license, resident license, or certificate shall be suspended by the board after proceedings in compliance with chapter 1-26 , and anything in this chapter to the contrary notwithstanding, such suspension shall continue until the licensee, resident licensee, or certificate holder is found or adjudged by such court to be restored to reason or until the holder of the license, resident license, or certificate is duly discharged as restored to reason in any other manner provided by law and has appeared before the board at a regular or special meeting of the board to apply for such reinstatement. The board may establish such probationary conditions as it deems necessary for the best interests of licensee, resident licensee, or certificate holder.

Source: SL 1957, ch 116; SDC Supp 1960, § 27.0311 (14); SL 1963, ch 151; SDC Supp 1960, § 27.0311 (13) as enacted by SL 1969, ch 105, § 4; revised pursuant to SL 1972, ch 15, § 4; SL 2009, ch 178, § 15; SL 2013, ch 172, § 16.
S.D. Codified Laws § 36-25-5 — SD Code / Title 36 / Chapter 25 / Section 36-25-5
Vacancies on commission
Status: in_force

In the event of a vacancy on the commission for any reason, the Governor shall appoint a member to fill the unexpired term of the vacancy.

Source: SL 1970, ch 222, § 2 (2).
S.D. Codified Laws § 36-21A-150 — SD Code / Title 36 / Chapter 21A / Section 36-21A-150
Duties of broker or licensee after transaction finished
Status: in_force

Unless otherwise provided in the agreement or by law, no broker and licensee associated with that broker engaged as a seller's/landlord's or buyer's/tenant's agent, subagent, limited agent, or transaction broker owes any further duty or obligation to a client or customer after termination, expiration, completion, or performance of the agency or brokerage agreement, except for the following duties:

(1) Accounting for all moneys and property related to and received during the engagement; and

(2) Keeping confidential all information received during the course of the engagement.

Source: SL 1998, ch 229, § 27.
S.D. Codified Laws § 36-11-70 — SD Code / Title 36 / Chapter 11 / Section 36-11-70
Refusal to dispense medication
Status: in_force

No pharmacist may be required to dispense medication if there is reason to believe that the medication would be used to:

(1) Cause an abortion; or

(2) Destroy an unborn child as defined in subdivision 22-1-2(50A); or

(3) Cause the death of any person by means of an assisted suicide, euthanasia, or mercy killing.

No such refusal to dispense medication pursuant to this section may be the basis for any claim for damages against the pharmacist or the pharmacy of the pharmacist or the basis for any disciplinary, recriminatory, or discriminatory action against the pharmacist.

Source: SL 1998, ch 226, § 1.
S.D. Codified Laws § 36-21D-6 — SD Code / Title 36 / Chapter 21D / Section 36-21D-6
South Dakota appraisal management companies fund
Status: in_force

All moneys received by the Department of Labor and Regulation pursuant to this chapter shall be deposited by the department with the state treasurer. The state treasurer shall credit the moneys to the South Dakota appraisal management companies fund. Expenditure from this fund shall only be paid on warrants drawn by the state auditor and approved by the department.

Source: SL 2011, ch 184, § 6.
S.D. Codified Laws § 36-38-20 — SD Code / Title 36 / Chapter 38 / Section 36-38-20
Duties of board
Status: in_force

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

(1) Recommend prosecution for any violation of this chapter to the appropriate state's attorney; or

(2) Recommend to the attorney general the bringing of a civil action to seek injunction and other relief against any violation of this chapter.

Source: SL 2016, ch 199, § 20.
S.D. Codified Laws § 36-4A-31 — SD Code / Title 36 / Chapter 4A / Section 36-4A-31
License renewal--Requirements
Status: in_force

A physician assistant license issued by the board must be renewed annually on a date set by the board. To renew a license, a physician assistant shall:

(1) Apply on a form prescribed by the board;

(2) Submit the renewal fee established in accordance with § 36-4A-34 ; and

(3) Submit evidence satisfactory to the board of the completion, during the preceding twelve months, of at least thirty hours of post-graduate studies approved by the board.

A physician assistant may document compliance with subdivision (3) by providing proof of current certification from the National Commission on Certification of Physician Assistants.

Source: SL 1973, ch 250, § 15; SL 1982, ch 273, § 6; SL 1999, ch 192, § 6; SL 2007, ch 207, § 20; SL 2025, ch 149, § 16.
S.D. Codified Laws § 36-21A-58 — SD Code / Title 36 / Chapter 21A / Section 36-21A-58
Renewal of license by salesperson or broker associate not associated with responsible broker--Restrictions on inactive salesperson or broker associate
Status: in_force

A salesperson or broker associate who is not associated with a responsible broker may renew the license by submitting the renewal fee, together with the completed renewal application on which the licensee has noted inactive status. An inactive salesperson or broker associate whose license has been renewed may not engage in the real estate business until the licensee secures a new responsible broker.

Source: SL 1992, ch 273, § 58; SL 1998, ch 234, § 4; SL 2011, ch 180, § 7.
S.D. Codified Laws § 36-11A-7 — SD Code / Title 36 / Chapter 11A / Section 36-11A-7
Wholesale distribution without license prohibited--License unnecessary for agent or employee of licensed distributor--Violation as felony
Status: in_force

No person or distribution outlet may engage in the wholesale distribution of prescription drugs in this state unless that person or outlet is licensed by the board as a drug distributor in accordance with the minimum standards, conditions and terms set forth in this chapter and in rules adopted pursuant to chapter 1-26 .

An agent or employee of a licensed drug distributor need not seek licensure under this chapter and may lawfully possess prescription drugs when the agent or employee is acting in the usual course of business or employment.

Any person who violates this section is guilty of a Class 6 felony.

Source: SL 1991, ch 307, §§ 7, 20; SL 2017, ch 174, § 10.
S.D. Codified Laws § 36-15-11 — SD Code / Title 36 / Chapter 15 / Section 36-15-11
General duties of commission members
Status: in_force

The duties of the members of the commission include:

(1) Inspecting salons, booths, schools, nail technicians, estheticians, and cosmetologists;

(2) Conducting examinations for applicants for licenses under this chapter;

(3) Approving continuing education courses;

(4) Investigating violations and enforcing provisions of this chapter and the rules established by the commission pursuant to this chapter;

(5) Maintaining an office for the keeping of records; and

(6) Doing all things necessary for the proper administration of this chapter.

Source: SDC 1939, § 27.1504; omitted SL 1957, ch 118, § 1; re - enacted SL 1963, ch 155; SL 1972, ch 206, § 9; SL 1997, ch 218, § 2; SL 2003, ch 202, § 9.
S.D. Codified Laws § 36-21A-143 — SD Code / Title 36 / Chapter 21A / Section 36-21A-143
Subagency defined
Status: in_force

For the purposes of this chapter, a subagency is any situation in which a responsible broker or licensees associated with the broker act for another broker's client with written permission of the client. The subagent owes the same obligations and responsibilities to the client as does the client's broker.

Source: SL 1998, ch 229, § 20.
S.D. Codified Laws § 36-27A-23.1 — SD Code / Title 36 / Chapter 27A / Section 36-27A-23.1
Certain healing arts practitioners to participate in alternate health care delivery systems
Status: in_force

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

Source: SL 1987, ch 269, § 2.
S.D. Codified Laws § 36-12-13 — SD Code / Title 36 / Chapter 12 / Section 36-12-13
Notice and scope of examination of applicants
Status: in_force

The Board of Veterinary Medical Examiners shall give five days' notice of examination to all parties filing application forms as provided in § 36-12-12 by mailing to such applicants at their last known post office address the time and place of examination, and at such time and place the board shall proceed to examine by either oral, written, or practical examination each applicant, or by a combination of oral, written, or practical examination to determine and ascertain the professional qualifications for license of all applicants under this chapter, and shall examine the applicant as to his moral character and fitness to practice veterinary medicine within the State of South Dakota.

Source: SDC 1939, § 40.0207; SL 1961, ch 201, § 7.
S.D. Codified Laws § 36-9-47.1 — SD Code / Title 36 / Chapter 9 / Section 36-9-47.1
Evidence of completion of reentry requirements
Status: in_force

After a license has been lapsed or inactive for six years and the licensee has not engaged in the practice of nursing for the past six years, the board may require written evidence, verified by oath, of the licensee's successful completion of the reentry requirements as the board may establish by rules promulgated pursuant to chapter 1-26 .

Source: SL 1976, ch 228, § 35; SL 1979, ch 255, § 42; SL 1981, ch 279, § 5; SL 1986, ch 307, § 6; SL 2016, ch 194, § 28.
S.D. Codified Laws § 36-10B-8 — SD Code / Title 36 / Chapter 10B / Section 36-10B-8
Fee classifications
Status: in_force

The board may promulgate fees for the following fee classifications:

(1) Initial license fee not to exceed seventy dollars;

(2) Renewal of license fee not to exceed thirty - five dollars;

(3) Late renewal fee not to exceed one hundred dollars; and

(4) Temporary permit fee not to exceed fifty dollars.

Source: SL 1996, ch 240, § 8.
S.D. Codified Laws § 36-21A-141 — SD Code / Title 36 / Chapter 21A / Section 36-21A-141
Certain information not to be disclosed by limited agent without written consent
Status: in_force

The following information may not be disclosed by a limited agent without the informed written consent of the client to whom the information pertains:

(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 client, buying, selling, or leasing the property; and

(4) That a client will agree to financing terms other than those offered.

Source: SL 1998, ch 229, § 18.
S.D. Codified Laws § 36-6A-6 — SD Code / Title 36 / Chapter 6A / Section 36-6A-6
Board continued within Department of Health--Records and reports
Status: in_force

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

Source: SL 1973, ch 2, § 56 (h); SL 1992, ch 269, § 5; SL 2003, ch 272 (Ex. Ord. 03-1), § 35; SL 2015, ch 199, § 4.
S.D. Codified Laws § 36-24-41 — SD Code / Title 36 / Chapter 24 / Section 36-24-41
Procedure for suspension, revocation or denial of license
Status: in_force

The board may suspend, revoke, deny, or deny the renewal of a license issued pursuant to this chapter in compliance with chapter 1-26 and chapter 36-1C .

Any decision of the board to discipline a licensee, or to suspend, revoke, or reinstate a license requires a majority vote of the board membership.

Any party aggrieved by the acts, rulings, or decision of the board relating to refusal to grant, renew, or reinstate a license, or to revoke or suspend a license, has the right to appeal the same under the provisions of chapter 1-26 .

Source: SL 1968, ch 118, § 24; revised pursuant to SL 1972, ch 15, § 4; SL 1997, ch 221, § 51; SL 2024, ch 159, § 25.
S.D. Codified Laws § 36-34-10 — SD Code / Title 36 / Chapter 34 / Section 36-34-10
Compensation of board members
Status: in_force

The board members shall be paid per diem compensation and allowable expenses pursuant to § 4-7-10.4 for their services on the board.

Source: SL 2004, ch 253, § 11; SL 2013, ch 183, § 6.
S.D. Codified Laws § 36-9A-12 — SD Code / Title 36 / Chapter 9A / Section 36-9A-12
Scope of certified nurse practitioner practice
Status: in_force

In addition to the registered nurse scope of practice, as defined in § 36-9-3 , and within the certified nurse practitioner role and population focus, a certified nurse practitioner may perform the following advanced practice registered nursing scope:

(1) Conduct an advanced assessment;

(2) Order and interpret diagnostic procedures;

(3) Establish primary and differential diagnoses;

(4) Prescribe, order, administer, and furnish therapeutic measures as follows:

(a) Diagnose, prescribe, and institute therapy or referrals of patients to health care agencies, health care providers, and community resources;

(b) Prescribe, procure, administer, and furnish pharmacological agents, including over the counter, legend, and controlled drugs or substances listed on Schedule II in chapter 34-20B ;

(c) Plan and initiate a therapeutic regimen that includes ordering and prescribing nonpharmacological interventions, including durable medical equipment, medical devices, nutrition, blood and blood products, diagnostic, and supportive services including home health care, hospice, and physical and occupational therapy; and

(d) Write a chemical or physical restraint order when the patient may do personal harm or harm others;

(5) Perform a physical examination for the determination of participation in athletics or employment duties;

(6) Complete and sign official documents such as death certificates, birth certificates, and similar documents required by law; and

(7) Delegate and assign therapeutic measures to assistive personnel.

Source: SL 1979, ch 256, § 6; SL 1985, ch 219, § 3; SL 1990, ch 305; SL 1991, ch 198, § 5; SL 1994, ch 293, § 2; SL 1995, ch 213, § 2; SL 1999, ch 192, § 14; SL 2000, ch 188, § 2; SL 2006, ch 195, § 2; SL 2017, ch 171, § 16.
S.D. Codified Laws § 36-27A-12 — SD Code / Title 36 / Chapter 27A / Section 36-27A-12
Qualifications for license
Status: in_force

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

(1) Has a doctoral degree from a regionally accredited university or professional school of psychology, or is recognized by the Association of Universities and Colleges of Canada as a member in good standing;

(2) Has passed any examination specified by the board for this purpose;

(3) Has had a supervised psychology internship amounting to not less than one thousand eight hundred hours in duration over a period of not more than two consecutive calendar years. The board shall specify, by rules promulgated pursuant to chapter 1-26 , the nature of an acceptable supervised psychology internship;

(4) Has had one year of supervised postdoctoral psychology practice. The board shall specify, by rules promulgated pursuant to chapter 1-26 , the nature of an acceptable postdoctoral year of supervised psychology practice; and

(5) Has not been convicted of a felony or a misdemeanor involving moral turpitude as defined in subdivision 22-1-2(25).

Source: SL 1976, ch 235, §§ 18, 20; SDCL Supp, § 36-27-21; SL 1981, ch 281, § 12; SL 1985, ch 301; SL 2008, ch 197, § 5.
S.D. Codified Laws § 36-11A-17 — SD Code / Title 36 / Chapter 11A / Section 36-11A-17
Records--Availability
Status: in_force

A licensee may keep records at a central location apart from the principal office of the wholesale drug distributor or the location at which the drugs were stored and from which the drugs were shipped if the records are made available for inspection within two working days after a request by the board. Records may be kept in any form permissible under rules adopted by the board pursuant to chapter 1-26 . Records shall be kept at least six years.

Source: SL 1991, ch 307, § 17; SL 2017, ch 174, § 15.
S.D. Codified Laws § 36-6A-32.3 — SD Code / Title 36 / Chapter 6A / Section 36-6A-32.3
Prescription or administration of drugs
Status: in_force

A dentist may prescribe or administer drugs only in connection with dental related ailments or conditions.

Source: SL 2015, ch 199, § 34.
S.D. Codified Laws § 36-10-18 — SD Code / Title 36 / Chapter 10 / Section 36-10-18
Definitions
Status: in_force

Terms used in §§ 36-10-18.1 through 36-10-52 mean:

(1) "Physical therapist," a person who is licensed or has obtained a compact privilege to practice physical therapy;

(2) "Physical therapist assistant," a person who is licensed or has obtained a compact privilege to assist in providing physical therapy under the supervision of a physical therapist; and

(3) "Supervision," the responsibility of a physical therapist to observe, direct, and review the work, records, and practice of a physical therapist assistant permitted by § 36-10-35.7 , to ensure that the physical therapist assistant renders good and safe treatment to the patient.

Source: SL 1955, ch 96, § 1; SDC Supp 1960, § 27.09A01; SDCL § 36-10-1; SL 1972, ch 205, § 1; SL 1978, ch 270, § 1; SL 1996, ch 231, § 1; SL 2017, ch 173, § 1; SL 2020, ch 157, § 3; SL 2022, ch 148, § 1; SL 2023, ch 136, § 1.
S.D. Codified Laws § 36-21A-90 — SD Code / Title 36 / Chapter 21A / Section 36-21A-90
Promulgation of rules establishing uniform standards of professional appraisal practice
Status: in_force

The commission may promulgate rules pursuant to chapter 1-26 establishing uniform standards of professional appraisal practice.

Source: SL 1992, ch 273, § 90.
S.D. Codified Laws § 36-21A-105 — SD Code / Title 36 / Chapter 21A / Section 36-21A-105
Facts to be shown at hearing by applicant for payment from recovery fund
Status: in_force

At the hearing the applicant shall show the following:

(1) He is not a spouse of the judgment debtor, or the personal representative of such spouse;

(2) If he is licensed under this chapter, he was not acting as a principal or agent in a real estate transaction;

(3) He has complied with all the requirements of §§ 36-21A-101 to 36-21A-115 , inclusive;

(4) He has obtained a judgment stating the amount thereof and the amount owing thereon at the date of the application;

(5) He has made all reasonable searches and inquiries to ascertain whether the judgment debtor possesses real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment;

(6) If he has discovered property or other assets owned by the judgment debtor and liable to be applied in satisfaction of the debt he shall further show that he has taken all necessary action and proceedings for the realization thereof, and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized;

(7) Any amount recovered from the judgment debtor or debtors and any amount recovered in out - of - court settlements as to particular defendants, if any, have been applied to the actual and compensatory damages awarded by the court;

(8) He has diligently pursued his remedies against all the judgment debtors and all other persons liable to him in the transaction for which he seeks recovery from the real estate recovery fund; and

(9) He is making the application within one year after the judgment becomes final, or within one year after the termination of any review or appeal of the judgment.

Source: SL 1992, ch 273, § 105.
S.D. Codified Laws § 36-5-24 — SD Code / Title 36 / Chapter 5 / Section 36-5-24
Application for certification as chiropractic assistant
Status: in_force

A chiropractic assistant seeking a certification of registration under this chapter shall complete and submit an application as prescribed by the board. The board may promulgate rules pursuant to chapter 1-26 to establish an annual registration fee, not to exceed one hundred dollars, from those persons registered as chiropractic assistants.

Source: SL 2008, ch 192, § 2; SL 2021, ch 173, § 32.
S.D. Codified Laws § 36-4-35 — SD Code / Title 36 / Chapter 4 / Section 36-4-35
Promulgation of rules by board
Status: in_force

The Board of Examiners shall promulgate rules pursuant to chapter 1-26 pertaining to: licensure, fees, and inspections.

Source: SL 1949, ch 106, § 1; SDC Supp 1960, § 27.0301; SL 1969, ch 105, § 1; revised pursuant to SL 1972, ch 15, § 4; SL 1986, ch 302, § 54.
S.D. Codified Laws § 36-34-16 — SD Code / Title 36 / Chapter 34 / Section 36-34-16
Enforcement--Injunction--Hearing
Status: in_force

The board may use its own staff or employ certified or licensed addiction counselors, certified prevention specialists, agents, or investigators to assist in the enforcement of this chapter or any rule promulgated by the board. Any 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 an action brought by any citizen in the state. The attorney general, the board, 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. The board may authorize a hearing examiner to conduct the hearing required to determine a violation of this chapter.

Source: SL 2004, ch 253, § 17; SL 2013, ch 183, § 17.
S.D. Codified Laws § 36-9-36 — SD Code / Title 36 / Chapter 9 / Section 36-9-36
Title used by licensed registered nurse or certified registered nurse anesthetist
Status: in_force

A person who holds a license to practice as a registered nurse in this state may use the title registered nurse and the abbreviation, RN. A person who holds a license to practice as a certified registered nurse anesthetist in this state may use the title, certified registered nurse anesthetist abbreviated, CRNA, and the title, advanced practice registered nurse abbreviated, APRN.

Source: SDC 1939, § 27.0907; SL 1947, ch 123, § 10; SL 1955, ch 91, § 4; SDC Supp 1960, § 27.0904 (4); SL 1967, ch 101, § 4 (4); SL 1976, ch 228, § 24; SL 1979, ch 255, §§ 29, 30; SL 2014, ch 180, § 4.
S.D. Codified Laws § 36-38-27 — SD Code / Title 36 / Chapter 38 / Section 36-38-27
Promulgation of rules
Status: in_force

The board may promulgate rules, pursuant to chapter 1-26 , that delineate qualifications for licensure, specify requirements for the annual renewal of licensure, establish standards of professional conduct, specify procedures for violations of professional conduct, permit inactive licensures, establish procedures for collection and management of fees and payments, establish fees for initial applications and annual licensure not to exceed the amounts specified in this chapter, delineate activities that may or may not be delegated to an assistant behavior analyst or paraprofessional, and specify requirements for supervision of assistant behavior analysts and paraprofessionals.

Source: SL 2016, ch 199, § 27.
S.D. Codified Laws § 36-18A-30 — SD Code / Title 36 / Chapter 18A / Section 36-18A-30
Landscape architect qualifications--Certification by Council of Landscape Architectural Registration Boards in lieu of qualifications--Board to establish criteria
Status: in_force

Any applicant for licensure as a landscape architect shall provide the following evidence satisfactory to the board:

(1) Graduation from an accredited program of landscape architecture;

(2) Completion of a council record from the Council of Landscape Architectural Registration Boards; and

(3) Successful completion of examinations.

The board may qualify an applicant who holds a certification issued by the Council of Landscape Architectural Registration Boards in lieu of the qualifications listed in this section. The board shall promulgate rules, pursuant to chapter 1-26 , to establish education, experience, and examination criteria.

Source: SL 1999, ch 195, § 30.
S.D. Codified Laws § 36-4A-26.3 — SD Code / Title 36 / Chapter 4A / Section 36-4A-26.3
Limited civil liability--Emergency medical assistance--Exceptions--Collaborating physician liability limited
Status: in_force

A physician assistant licensed in this state, or licensed or authorized to practice in another state or territory of the United States, is not liable for civil damages for any personal injuries that result from the physician assistant's acts or omissions in rendering emergency care.

The immunity granted by this section does not apply to acts or omissions constituting willful or wanton negligence, and does not apply if the medical assistance is rendered at any hospital, physician's office, or other health care delivery entity, where those services are normally rendered.

A physician collaborating with a physician assistant who renders emergency care, as described in this section, is not liable for civil damages for any personal injuries that result from acts or omissions by the physician assistant rendering the emergency care.

Source: SL 2007, ch 207, § 12; SL 2025, ch 149, § 13.
S.D. Codified Laws § 36-21A-134 — SD Code / Title 36 / Chapter 21A / Section 36-21A-134
Seller's agent has no fiduciary duty to customer
Status: in_force

No licensee acting as a seller's or landlord's agent owes any fiduciary duty or obligation to a customer. A licensee shall provide disclosure of all adverse material facts known by the licensee to any customer.

No seller's or landlord's agent owes any duty to conduct an independent inspection of the property.

Source: SL 1998, ch 229, § 11.
S.D. Codified Laws § 36-21A-84 — SD Code / Title 36 / Chapter 21A / Section 36-21A-84
Completed transaction required for compensation of broker--Promulgation of rules for exceptions
Status: in_force

No responsible broker is entitled to any part of the money paid to the responsible broker in any transaction as part of the responsible broker's compensation until the transaction has been consummated or terminated. The commission may promulgate rules, pursuant to chapter 1-26 , to make reasonable exceptions to this section.

Source: SL 1992, ch 273, § 84; SL 2013, ch 177, § 32.
S.D. Codified Laws § 36-10-35.2 — SD Code / Title 36 / Chapter 10 / Section 36-10-35.2
Physical therapist assistant--Licensure expiration and renewal
Status: in_force

The State Board of Physical Therapy shall issue a physical therapist assistant license to a person who meets the requirements set forth in § 36-10-35.1 .

The license shall expire and may be renewed at the same time and in the same manner as provided for physical therapy licenses under § 36-10-33 .

Source: SL 1978, ch 270, § 7; SL 1996, ch 231, § 7; SL 2017, ch 173, § 10; SL 2023, ch 136, § 19.
S.D. Codified Laws § 36-19-9 — SD Code / Title 36 / Chapter 19 / Section 36-19-9
State Board of Funeral Service--Officers
Status: in_force

The board shall annually elect, from among its own members, a president, a vice - president, and a secretary.

Source: SDC 1939, 27.1403, 27.1405; SL 1939, ch 102, § 3; SL 1945, ch 109; SL 1947, ch 124; SL 1963, ch 154, § 2; revised pursuant to SL 1972, ch 15, § 4; SL 1986, ch 302, § 50; SL 2021, ch 168, § 26; SL 2023, ch 137, § 6.
S.D. Codified Laws § 36-21A-3 — SD Code / Title 36 / Chapter 21A / Section 36-21A-3
Appraisal or evaluation defined
Status: in_force

For the purposes of this chapter, an appraisal or an evaluation is the act or process of developing an opinion of value of real estate for another and for compensation.

Source: SL 1992, ch 273, § 3; SL 2013, ch 177, § 3; SL 2020, ch 163, § 1.
S.D. Codified Laws § 36-9C-26 — SD Code / Title 36 / Chapter 9C / Section 36-9C-26
Reissuance of revoked or suspended license
Status: in_force

A revoked or suspended license may be reissued at the discretion of the board upon a finding of good cause.

Source: SL 2017, ch 172, § 26.
S.D. Codified Laws § 36-18A-26 — SD Code / Title 36 / Chapter 18A / Section 36-18A-26
Professional engineer licensure qualifications--Board to establish criteria
Status: in_force

Any applicant for licensure as a professional engineer shall provide the following evidence satisfactory to the board:

(1) Graduation from an accredited engineering college, university, or technical program;

(2) Completion of the minimum number of years of diversified engineering experience under the supervision of a licensed professional engineer; 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, § 26; SL 2007, ch 219, § 11.
S.D. Codified Laws § 36-36-4 — SD Code / Title 36 / Chapter 36 / Section 36-36-4
Unlicensed practice of genetic counseling or use of title prohibited--Violation as misdemeanor
Status: in_force

No person may engage in the practice of genetic counseling, act or represent himself or herself to be a genetic counselor, or use such titles as genetic counselor, licensed genetic counselor, gene counselor, genetic associate, or any words, letters, abbreviations, or insignia, such as certified genetic counselor (CGC), indicating or implying that such person is a genetic counselor, unless such person holds a license or temporary license and otherwise complies with the provisions of this chapter and the rules adopted pursuant to this chapter. However, any qualified and licensed health care professional who is practicing within the professional's scope of practice may engage in the practice of genetic counseling, without being licensed pursuant to this chapter, but may not use the title, genetic counselor, or any other title indicating or implying that the person is a genetic counselor unless licensed as such in this state. A violation of this section is a Class 1 misdemeanor.

Source: SL 2009, ch 194, § 4.
S.D. Codified Laws § 36-36-2 — SD Code / Title 36 / Chapter 36 / Section 36-36-2
Genetic counseling defined
Status: in_force

For the purposes of this chapter, genetic counseling is a communication process, conducted by appropriately trained persons that includes:

(1) Assisting a person, the person's family, a health care provider, or the public with comprehending the issues inherent to genetic counseling. The assistance may include the following:

(a) Appreciating the medical, psychological, and social implications of a disorder including features, variability, usual course, and management options;

(b) Learning how genetic factors contribute to the disorder and affect the chance for recurrence of the condition in other family members;

(c) Understanding available options for coping with, preventing, or reducing the chance of occurrence or recurrence of a condition;

(d) Selecting the most appropriate, accurate, and cost-effective methods of diagnosis, including the ordering of genetic tests consistent with the referral and reporting requirements of this chapter; or

(e) Understanding genetic tests, including diagnostic genetic tests, screening tests, or predispositional genetic tests, coordinating testing for inherited disorders, and interpreting complex genetic test results;

(2) Assessing the likelihood of the occurrence or recurrence of an abnormality in the fetus in structure, function, or metabolism or of any potentially inherited or genetically influenced condition. The assessment may include the following:

(a) Obtaining and analyzing a complete health history of a person and the person's family;

(b) Reviewing pertinent medical records;

(c) Evaluating the risks from exposure to possible mutagens or teratogens; or

(d) Ordering genetic testing or other evaluations, consistent with the referral and reporting requirements of this chapter, to diagnose a condition or determine the carrier status of one or more family members; and

(3) Facilitating an individual's or family's:

(a) Exploration of the perception of risk and burden associated with a genetic disorder;

(b) Decision-making regarding testing or medical interventions consistent with the individual's or family's beliefs, goals, needs, resources, or cultural, ethical, or moral views; and

(c) Adjustment and adaptation to the condition or the genetic risk by addressing needs for psychological, social, and medical support.

Source: SL 2009, ch 194, § 2; SL 2016, ch 198, § 2.
S.D. Codified Laws § 36-10-18.1 — SD Code / Title 36 / Chapter 10 / Section 36-10-18.1
Practice of physical therapy--Description
Status: in_force

The practice of physical therapy is the examination and evaluation of a patient with a mechanical, physiological, or developmental impairment, a functional limitation, a disability, or other similar condition to:

(1) Determine a diagnosis, prognosis, and therapeutic intervention;

(2) Alleviate any impairment or functional limitation by designing, implementing, and modifying therapeutic interventions that include therapeutic exercise, functional training in community or work reintegration, manual therapy techniques including soft tissue and joint mobilization, assistive and adaptive devices and equipment, bronchopulmonary hygiene, debridement and wound care, physical agents and mechanical modalities, therapeutic massage, electrotherapeutic modalities, and patient-related instruction;

(3) Prevent injury, impairment, functional limitation, and disability through the promotion and maintenance of fitness, health, and quality of life, in all age populations; and

(4) Provide consultation, education, and research.

Source: SL 1996, ch 231, § 2; SL 2020, ch 157, § 4; SL 2023, ch 136, § 2.
S.D. Codified Laws § 36-12-21.1 — SD Code / Title 36 / Chapter 12 / Section 36-12-21.1
Employment of technicians authorized--Registration required
Status: in_force

Any veterinarian licensed to practice veterinary medicine in the State of South Dakota may use the services of one or more registered veterinary technicians. Veterinary technicians provided for in this section before being employed by a licensed veterinarian shall be registered by the board as provided by §§ 36-12-21.3 and 36-12-21.4 and while registered and employed by a licensed veterinarian are not considered to be engaged in the practice of veterinary medicine.

Source: SL 1973, ch 245, §§ 1, 3; SL 1986, ch 313, § 6; SL 1993, ch 280, § 2; SL 2008, ch 194, § 1.
S.D. Codified Laws § 36-27A-23 — SD Code / Title 36 / Chapter 27A / Section 36-27A-23
License contents--Signature--Seal--Display
Status: in_force

The license issued by the Board of Examiners of Psychologists shall contain the full name of the licensee and shall bear a serial number and the address of the person licensed. The license shall be signed by the president and the secretary of the board under the seal of the board. Licenses shall be conspicuously displayed at the licensee's primary place of practice within thirty days after issuance.

Source: SL 1976, ch 235, § 28; SDCL Supp, § 36-27-29; SL 1981, ch 281, § 23.
S.D. Codified Laws § 36-12-21.2 — SD Code / Title 36 / Chapter 12 / Section 36-12-21.2
Qualifications of technicians provided by rules and regulations
Status: in_force

Veterinary technicians provided for in § 36-12-21.1 shall possess qualifications as provided in rules promulgated pursuant to chapter 1-26 by the South Dakota State Board of Veterinary Medical Examiners. In addition to specifying the initial qualification requirements, the rules shall require that veterinary technicians complete courses of study in subjects related to veterinary technology. The rules shall govern the minimum amount and type of continuing education in veterinary technology to be completed by each veterinary technician seeking registration renewal pursuant to § 36-12-21.5 . The board may waive the continuing education requirement or a portion of it in the case of illness or undue hardship.

Source: SL 1973, ch 245, § 2; SL 1993, ch 280, § 3; SL 1998, ch 227, § 1.
S.D. Codified Laws § 36-11-20 — SD Code / Title 36 / Chapter 11 / Section 36-11-20
Pharmacist license--Suspension, revocation, or refusal--Grounds
Status: in_force

The board may, in compliance with chapter 1-26 , suspend, revoke, or refuse to issue or renew a license to practice pharmacy to any person who:

(1) Is guilty of a felony or a misdemeanor involving moral turpitude;

(2) Is addicted to the use of alcoholic liquors or narcotic drugs to such an extent as to render the person unfit to practice pharmacy with reasonable skill and safety;

(3) Procured a license by fraud or by false representation;

(4) Is permitting or engaging in the unauthorized sale of legend or controlled drugs or substances; or

(5) The board finds to be in violation of any law, rule, or regulation governing pharmacists.

Source: SL 1967, ch 102, § 5; SL 1982, ch 275, § 1; SL 2025, ch 154, § 12.
S.D. Codified Laws § 36-10B-7 — SD Code / Title 36 / Chapter 10B / Section 36-10B-7
Application process--Fees
Status: in_force

Any person requesting a license under this chapter shall apply to the board through a written application process as promulgated by rules pursuant to chapter 1-26 . The application shall be accompanied by an application fee in an amount determined by the board by rules promulgated pursuant to chapter 1-26 .

Source: SL 1996, ch 240, § 7.
S.D. Codified Laws § 36-31-8 — SD Code / Title 36 / Chapter 31 / Section 36-31-8
Additional waiver provisions
Status: in_force

The board shall grant a license to any person certified prior to July 1, 1986, as an occupational therapist, registered or a certified occupational therapy assistant by the American occupational therapy association. The board may waive the examination, education or experience requirements and grant a license to any person certified by the American Occupational Therapy Association after July 1, 1986 if the board determines the requirements for such certification are equivalent to the requirements for licensure in this chapter. The board may waive the examination, education or experience requirements and grant a license to any applicant who shall present proof of current licensure as an occupational therapist or occupational therapy assistant in another state, the District of Columbia, or territory of the United States which requires standards for licensure considered by the board to be equivalent to the requirements for licensure of this chapter.

Source: SL 1986, ch 323, § 8.
S.D. Codified Laws § 36-16-13 — SD Code / Title 36 / Chapter 16 / Section 36-16-13
License required--Examination--Application--Fees
Status: in_force

Any person, partnership, company, corporation, or association that for a fixed sum, price, fee, percentage, or other consideration, undertakes or offers to undertake with another to plan, lay out, supervise, install, make additions, make alterations, or make repairs, in the installation of wiring, apparatus, or equipment for electric lights, heat, or power, shall be licensed by the State Electrical Commission. The commission shall issue a license to a qualified person under this section in the class defined under § 36-16-2 for which the person applies after successful completion of the examination required by the commission.

The commission shall promulgate rules, pursuant to chapter 1-26 , establishing fees for the examination and the application required under this section. The commission may charge, or may authorize a third party that administers the examination to charge, each person an examination fee not to exceed one hundred fifty dollars per examination or reexamination. The application fee may not exceed one hundred dollars per occurrence.

Source: SL 1963, ch 216, § 6 (1); SL 1967, ch 128, § 3; SL 1978, ch 272, § 1; SL 1986, ch 302, § 23; SL 2009, ch 184, § 1; SL 2011, ch 179, § 3; SL 2019, ch 169, § 1; SL 2021, ch 178, § 1.
S.D. Codified Laws § 36-11A-1.1 — SD Code / Title 36 / Chapter 11A / Section 36-11A-1.1
Trading partner defined
Status: in_force

As used in this chapter, the term, trading partner, means:

(1) A manufacturer, repackager, wholesale distributor, or dispenser from whom a manufacturer, repackager, wholesale distributor, or dispenser accepts direct ownership of a product or to whom a manufacturer, repackager, wholesale distributor, or dispenser transfers direct ownership of a product; or

(2) A third-party logistics provider from whom a manufacturer, repackager, wholesale distributor, or dispenser accepts direct possession of a product or to whom a manufacturer, repackager, wholesale distributor, or dispenser transfers direct possession of a product.

Source: SL 2017, ch 174, § 2.
S.D. Codified Laws § 36-6A-11 — SD Code / Title 36 / Chapter 6A / Section 36-6A-11
Quorum
Status: in_force

A majority of board members constitutes a quorum. A majority vote of those present shall constitute a decision of the entire board.

Source: SL 1981, ch 275, § 5; SL 1992, ch 269, § 10; SL 2015, ch 199, § 9.
S.D. Codified Laws § 36-11-19.9 — SD Code / Title 36 / Chapter 11 / Section 36-11-19.9
Designation of resident agent for nonresident pharmacy
Status: in_force

A nonresident pharmacy shall designate a resident agent in this state for service of process. If an agent is not designated, the secretary of state of this state shall be considered to be its agent, upon whom may be served all legal process in any action or proceeding against the nonresident pharmacy. A copy of any service of process shall be mailed by certified mail, return receipt requested, postage prepaid, at the address the nonresident pharmacy has designated on its application for licensure. If any nonresident pharmacy is not licensed in this state, service on the secretary of state is sufficient service.

Source: SL 1997, ch 217, § 8.
S.D. Codified Laws § 36-9C-7 — SD Code / Title 36 / Chapter 9C / Section 36-9C-7
Members of board
Status: in_force

The Governor shall appoint a board consisting of two certified professional midwives who are licensed and in good standing pursuant to this chapter, one certified nurse midwife who is licensed and in good standing pursuant to chapter 36-9A , one physician with experience in maternity care who is licensed and in good standing pursuant to chapter 36-4 , and one public member who has received midwifery care in an out-of-hospital setting.

Source: SL 2017, ch 172, § 7.
S.D. Codified Laws § 36-11-33 — SD Code / Title 36 / Chapter 11 / Section 36-11-33
Institutional pharmacy license--Scope of services--Application form and fee--Pharmacist-in-charge designation--Minimum standards--Promulgation of rules
Status: in_force

The board may issue a license to operate a part - time pharmacy in a hospital, nursing facility, or related facility, provided that the pharmacy services are limited to inpatients or residents of the facility.

The board may issue a license under this section if:

(1) The owner of the proposed pharmacy submits a form prescribed by the board and pays a fee, not to exceed two hundred dollars, set by the board in rules promulgated in accordance with chapter 1-26 ; and

(2) The owner:

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

(b) Submits an affidavit, on a form prescribed by the board, delegating complete responsibility for the pharmaceutical services in the proposed pharmacy to a pharmacist-in-charge.

The pharmacist-in-charge must ensure all staff comply with the provisions of this chapter and with minimum standards, as established by the board in rules promulgated pursuant to chapter 1-26 .

Source: SL 1967, ch 121, § 15; SL 2025, ch 154, § 19; SL 2026, ch 158, § 4.
S.D. Codified Laws § 36-37-5 — SD Code / Title 36 / Chapter 37 / Section 36-37-5
Activities not restricted by chapter
Status: in_force

Nothing in this chapter may be construed as preventing or restricting:

(1) Any person licensed, certified, registered, or otherwise credentialed by this state in professions other than speech-language pathology from practicing that profession;

(2) Any person certified as a teacher of the deaf;

(3) The activities and services of any person pursuing a course of study leading to a degree in speech-language pathology or as a speech-language pathology assistant at a college or university if:

(a) The activities and services constitute a part of a planned course of study at that institution;

(b) The person is designated by a title such as intern, trainee, student, or by other such title clearly indicating the status appropriate to their level of education; and

(c) The person works under the supervision of a person licensed by this state to practice speech-language pathology;

(4) The activities of any person who is not licensed in this state from engaging in the practice of speech-language pathology for the purpose of providing training or continuous education as long as they hold an active license in another state, agree to abide by the standards of professional conduct and do not engage in such activities exceeding five days in any calendar year.

Source: SL 2012, ch 196, § 5.
S.D. Codified Laws § 36-2-16.2 — SD Code / Title 36 / Chapter 2 / Section 36-2-16.2
Medical record--Provision upon request
Status: in_force

Upon receiving a written request or an authorization for release of a medical record, signed by a patient, a health care provider or medical records company shall provide a copy of the patient’s medical record, if available, to the patient or to any person duly authorized by the patient to receive the record.

Source: SL 2023, ch 134, § 2.
S.D. Codified Laws § 36-20B-55 — SD Code / Title 36 / Chapter 20B / Section 36-20B-55
Certified public accountant--Restrictions on use of title and designations
Status: in_force

A person who does not hold a valid certificate or has not been granted practice privileges under the provisions of § 36-20B-66 or 36-20B-67 may not use or assume the title, certified public accountant, the abbreviation, CPA, or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such person is a certified public accountant.

No firm may provide attest services or assume or use the title, certified public accountants, or the abbreviation, CPAs, or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such firm is a CPA firm unless:

(1) The firm holds a valid permit issued under this chapter or is exempt from the permit requirements pursuant to § 36-20B-32.2 or 36-20B-32.3 ; and

(2) Ownership of the firm is in accordance with this chapter and rules promulgated by the board in accordance with chapter 1-26 , if applicable.

Source: SL 2002, ch 179, § 56; SL 2009, ch 185, § 20.
S.D. Codified Laws § 36-21A-113 — SD Code / Title 36 / Chapter 21A / Section 36-21A-113
Deferred payment of authorized claim--Interest
Status: in_force

If, at any time, the money deposited in the fund is insufficient to satisfy any duly authorized claim or portion thereof, the commission shall, when sufficient money has been deposited in the real estate recovery fund, satisfy those unpaid claims or portions thereof, in the order that the claims or portions thereof were originally filed, plus accumulated interest at the Category A rate of interest as established in § 54-3-16 .

Source: SL 1992, ch 273, § 113.
S.D. Codified Laws § 36-9C-2 — SD Code / Title 36 / Chapter 9C / Section 36-9C-2
License required to practice as certified professional midwife
Status: in_force

No person may practice or offer to practice as a certified professional midwife in this state unless the person is currently licensed to practice by the board.

Source: SL 2017, ch 172, § 2.
S.D. Codified Laws § 36-7-25 — SD Code / Title 36 / Chapter 7 / Section 36-7-25
Unprofessional conduct defined--No basis for criminal prosecution
Status: in_force

The term, unprofessional conduct, as used in this chapter, means:

(1) Any conduct of a character likely to deceive or defraud the public;

(2) The loaning of a license by any licensed optometrist or any person or corporation;

(3) Violating any provision of this chapter or any rule promulgated by the board;

(4) Splitting or dividing a fee or compensation with any person or corporation;

(5) The obtaining of any fee or compensation by fraud or misrepresentation;

(6) Employing, either directly or indirectly, any suspended or unlicensed optometrist to perform any work covered by this chapter;

(7) The advertising of optometric practice, treatment, advice, or costs in which untruthful, improbable, misleading, or impossible statements are made;

(8) Failure to maintain adequate safety and sanitary conditions, or meet the requirements of an optometric clinic in accordance with the standards set forth in this chapter and any rule promulgated by the board in accordance with chapter 1-26 ;

(9) Inappropriate prescribing to any person in quantities and under circumstances apparent to the board that the prescription was not made for legitimate medicinal purposes related to the practice optometry, or prescribing in a manner or in amounts that, in the opinion of the board, endanger the wellbeing of a patient or the public in general;

(10) The failure to refer a patient to a physician licensed pursuant to chapter 36-4 if examination of the eye indicates a substantial likelihood of pathology that requires the attention of a physician;

(11) Any conviction of a criminal offense related to the practice of optometry;

(12) Consistently misdiagnosing or consistently prescribing improper therapy;

(13) Failing to hold in professional confidence all information concerning a patient;

(14) Failing to comply with state and federal laws on keeping records regarding possessing and dispensing controlled substances or habit-forming drugs;

(15) Falsifying the records of a patient;

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

(17) Engaging in sexual harassment;

(18) Any practice or conduct that tends to constitute a danger to the health, welfare, or safety of patients or the public, or engaging in conduct that is unbecoming of an optometrist;

(19) Discipline by the licensing board of another state or territory under United States jurisdiction if the violation is also a violation of this chapter or any rule promulgated by the board;

(20) Not reporting discipline by a licensing board of another state or territory under United States jurisdiction to the board; and

(21) Not reporting a conviction of a criminal offense arising out of the practice of optometry to the board.

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

Source: SDC 1939, § 27.0707; SL 1951, ch 131, § 4; SL 1979, ch 253, § 6; SL 1983, ch 270, § 2; SL 2013, ch 173, § 5; SL 2022, ch 147, § 15.
S.D. Codified Laws § 36-34-2 — SD Code / Title 36 / Chapter 34 / Section 36-34-2
Board of Addiction and Prevention Professionals--Membership
Status: in_force

The South Dakota Board of Addiction and Prevention Professionals consists of nine members, three of whom shall be lay members and six of whom shall be professionals certified or licensed pursuant to this chapter. Each professional member shall be actively engaged in addiction counseling or prevention services and broadly represent a cross section of the profession.

Source: SL 2004, ch 253, § 3; SL 2005, ch 199, § 76; SL 2013, ch 183, § 2.
S.D. Codified Laws § 36-20B-18 — SD Code / Title 36 / Chapter 20B / Section 36-20B-18
Examination--Subjects--Time, application and grading method to be determined by board--Contracts for administrative services
Status: in_force

The examination required to be passed as a condition for the granting of a certificate shall be held at least annually and shall test the applicant's knowledge of the subjects of accounting, auditing, and such other related subjects as the board may specify by rule promulgated pursuant to chapter 1-26 . The time for holding such examination shall be determined by the board and may be changed from time to time. The board shall prescribe, by rule promulgated pursuant to chapter 1-26 , the methods of applying for and conducting the examination, including methods for grading and determining a passing grade required of an applicant for a certificate. However, the board shall, to the extent possible, assure that the examination, grading of the examination, and the passing grades are uniform with those applicable in other states. The board may make use of any part of the Uniform Certified Public Accountant Examination and Advisory Grading Service of the American Institute of Certified Public Accountants and may contract with third parties to perform such administrative services with respect to the examination to assist it in performing its duties.

Source: SL 2002, ch 179, § 17.
S.D. Codified Laws § 36-11-63 — SD Code / Title 36 / Chapter 11 / Section 36-11-63
Fees paid to secretary of board--Employment of personnel and payment of expenses from funds collected
Status: in_force

All fees shall be paid to the secretary of the State Board of Pharmacy. Out of the funds collected the board may, pursuant to chapter 3-6D , employ agents, inspectors, and clerical assistance and pay expenses as may be necessary for the enforcement of the provisions of this chapter.

Source: SDC 1939, § 27.1015; SL 1943, ch 105; SL 1953, ch 122; SL 1967, ch 102, § 15; SL 1973, ch 23; SL 2018, ch 12, § 15.
S.D. Codified Laws § 36-5-15.5 — SD Code / Title 36 / Chapter 5 / Section 36-5-15.5
Unlicensed practice of chiropractic radiography as misdemeanor
Status: in_force

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

Source: SL 1985, ch 298, § 4; SL 2021, ch 173, § 24.
S.D. Codified Laws § 36-27A-17 — SD Code / Title 36 / Chapter 27A / Section 36-27A-17
American Board of Professional Psychology diploma--Exemption from license requirement
Status: in_force

At the discretion of the board, an applicant for licensure as a psychologist is exempt from the requirements of § 36-27A-12 , and any other examination requirements, if the applicant holds a diploma issued by the American Board of Professional Psychology, a current license to practice psychology in another state, and is not otherwise disqualified under the provisions of this chapter.

Source: SL 1981, ch 281, § 17; SL 1995, ch 225, § 3.
S.D. Codified Laws § 36-16-38 — SD Code / Title 36 / Chapter 16 / Section 36-16-38
Promulgation of rules for reinstatement of expired license
Status: in_force

The State Electrical Commission shall promulgate rules, pursuant to chapter 1-26 , to provide for the reinstatement of an expired license and for a reinstatement fee not to exceed one hundred dollars.

Source: SL 1991, ch 308, § 5.
S.D. Codified Laws § 36-14-18 — SD Code / Title 36 / Chapter 14 / Section 36-14-18
Contents of application for examination or registration--Photographs
Status: in_force

Each applicant for an examination or initial registration as a barber pursuant to § 36-14-14 shall make application to the Board of Barber Examiners on forms prepared and furnished by the board, setting forth, under oath, the particular qualifications of the applicant. An applicant by examination shall furnish to the board two five - by - three inch photographs of the applicant, one of which shall be returned to the applicant and presented to the board when the applicant appears for examination. The application shall be accompanied by the required fee.

Source: SDC 1939, § 27.1611; SL 2022, ch 149, § 3.
S.D. Codified Laws § 36-4C-3 — SD Code / Title 36 / Chapter 4C / Section 36-4C-3
Respiratory care authorized
Status: in_force

Respiratory care may be performed in any clinic, hospital, skilled nursing facility, private dwelling, or other place deemed appropriate by the board, in accordance with the prescription or verbal order of a physician and shall be performed under a qualified medical director where mandated by institutional accrediting agencies.

Source: SL 1993, ch 273, § 3.
S.D. Codified Laws § 36-11-46 — SD Code / Title 36 / Chapter 11 / Section 36-11-46
Dispensing of substandard drugs prohibited--Violation as misdemeanor
Status: in_force

No person may compound, dispense, sell, or offer for sale, or cause to be compounded, dispensed, sold or offered for sale any medicine or preparation under or by a name recognized in the United States Pharmacopoeia or National Formulary, for internal or external use, which differs from the standard of strength, quality or purity as determined by the test laid down in the United States Pharmacopoeia or National Formulary, official at the time of such compounding, dispensing, sale, or offering for sale. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 102, § 20 (b); SL 1978, ch 271, § 1; SL 1992, ch 158, § 84.
S.D. Codified Laws § 36-9A-14 — SD Code / Title 36 / Chapter 9A / Section 36-9A-14
Practice of pharmacy prohibited
Status: in_force

Nothing in this chapter shall authorize a certified nurse practitioner or certified nurse midwife to practice pharmacy as defined in chapter 36-11 .

Source: SL 1979, ch 256, § 39; SL 2017, ch 171, § 50.
S.D. Codified Laws § 36-14-17 — SD Code / Title 36 / Chapter 14 / Section 36-14-17
Curriculum required for approval of barber school
Status: in_force

No school of barbering shall be approved by the Board of Barber Examiners unless it requires as a prerequisite to graduation a course of instruction of not less than nine months with a minimum of fifteen hundred hours, such course of instruction to include the following subjects: scientific fundamentals for barbering, hygiene, bacteriology as applied to barbering, structure of the head, face and neck, elementary chemistry relating to sterilization and antiseptics, diseases of the skin and hair, massaging and manipulating the muscles of the upper body, haircutting, shaving, and arranging, dressing, coloring, bleaching, and tinting the hair.

Source: SDC 1939, § 27.1608; SL 1968, ch 117, § 2.
S.D. Codified Laws § 36-6A-44.1 — SD Code / Title 36 / Chapter 6A / Section 36-6A-44.1
Criminal background investigation of applicants for licensure as dentist and licensees under disciplinary investigation--Fees
Status: in_force

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

Source: SL 2012, ch 193, § 3.
S.D. Codified Laws § 36-35-15 — SD Code / Title 36 / Chapter 35 / Section 36-35-15
Applicants licensed in other states
Status: in_force

Notwithstanding the provisions of § 36-35-12 , the board may issue a license to an applicant licensed to practice massage therapy in another state if the applicant demonstrates the following qualifications:

(1) Eighteen years of age or older;

(2) Absence of unprofessional conduct;

(3) Professional liability insurance pursuant to § 36-35-21 ;

(4) Verification from the authority that issued the applicant's license indicating the applicant is in good standing and currently licensed to practice; and

(5) Experience and competency in massage indicated by education that substantially complies with subdivision 36-35-12(2) or verification of an active massage therapy practice in the state of licensure in the two years immediately preceding the date of application for licensure.

For the purpose of this section, the term, active massage therapy practice, means the applicant has had at least two hundred hours of patient contact in the preceding two-year period.

Source: SL 2005, ch 206, § 15; SL 2013, ch 184, § 10; SL 2016, ch 197, § 12.
S.D. Codified Laws § 36-15-19 — SD Code / Title 36 / Chapter 15 / Section 36-15-19
Number, time, and place of examinations
Status: in_force

The commission shall conduct at least six examinations in the practice of cosmetology, at least two examinations in the practice of nail technology, and at least two examinations in the practice of esthetics each year. The commission shall set the times and places for the conduct of the examination.

Source: SDC 1939, § 27.1510; SL 1943, ch 106, § 2; SL 1957, ch 118, § 1; SL 1972, ch 206, § 19; SL 1997, ch 218, § 5; SL 2003, ch 202, § 23.
S.D. Codified Laws § 36-15-29 — SD Code / Title 36 / Chapter 15 / Section 36-15-29
License required for school of cosmetology, nail technology or esthetics--Requirements for license
Status: in_force

No person may conduct a cosmetology, nail technology, or esthetics school for any of the practices of cosmetology, as applicable, unless that person is licensed as a school by the commission. The commission shall issue the license if the applicant meets the following requirements:

(1) The applicant completes the application and provides any required documentation;

(2) The application is accompanied by the fee required in this chapter;

(3) The applicant has no violations with another cosmetology board;

(4) The education offered is a complete program of not less than fifteen hundred hours for a cosmetology program or a complete program of not less than four hundred hours for a nail technician program or a complete program of not less than the hours established by rules pursuant to § 36-15-13 for an esthetician license or the respective equivalent credit hours; and

(5) The applicant meets all requirements established by rules adopted pursuant to this chapter.

Source: SDC 1939, § 27.1506; SL 1947, ch 125, § 1; SL 1957, ch 118, § 1; SL 1972, ch 206, § 27; SL 1997, ch 218, § 12; SL 2003, ch 202, § 40; SL 2005, ch 201, § 3; SL 2009, ch 182, § 2; SL 2018, ch 232, § 5, eff. Jan. 1, 2019.
S.D. Codified Laws § 36-4-33 — SD Code / Title 36 / Chapter 4 / Section 36-4-33
Appeal from acts, rulings or decisions of Board of Examiners
Status: in_force

Any party feeling aggrieved by any acts, rulings, or decisions of the Board of Examiners acting pursuant to § 36-4-31 , shall have the right to appeal the same under the provisions of chapter 1-26 .

Source: SDC 1939, §§ 27.0114, 27.0306; SL 1949, ch 106, § 9; SL 1957, ch 116; SDC Supp 1960, § 27.0310; SL 1969, ch 105, § 3; revised pursuant to SL 1972, ch 15, § 4.
S.D. Codified Laws § 36-26-10 — SD Code / Title 36 / Chapter 26 / Section 36-26-10
Unlicensed practice as misdemeanor--Associates to be supervised by social workers
Status: in_force

It is a Class 2 misdemeanor for any person or persons to engage in the practice, or attempt to practice, social work as a certified social worker, social worker or social work associate without a license issued pursuant to the provisions of this chapter. No social work associate may practice except under the supervision of a certified social worker or social worker.

Source: SL 1975, ch 22, § 9; SL 1977, ch 190, § 204.
S.D. Codified Laws § 36-13-29 — SD Code / Title 36 / Chapter 13 / Section 36-13-29
Procedure for suspension or revocation
Status: in_force

No certificate may be suspended or revoked pursuant to § 36-13-28 except upon proceedings in compliance with chapter 1-26 .

Source: SDC 1939, § 1.0114; revised pursuant to SL 1972, ch 15, § 4; SL 2008, ch 195, § 35.
S.D. Codified Laws § 36-9-64 — SD Code / Title 36 / Chapter 9 / Section 36-9-64
Survey of approved programs in state--Report to board
Status: in_force

The board may survey all approved programs in the state.

Source: SL 1955, ch 91, § 8; SDC Supp 1960, § 27.0908 (2); SL 1967, ch 101, § 8 (2); SDCL, § 36-9-63; SL 1976, ch 228, §§ 46, 47; SL 1979, ch 255, § 61; SL 1986, ch 307, § 36.
S.D. Codified Laws § 36-6A-22.1 — SD Code / Title 36 / Chapter 6A / Section 36-6A-22.1
Report of suspension or revocation of practice privilege by facility
Status: in_force

Each facility licensed by the state where medicine or dentistry is practiced that suspends or revokes the privilege of a licensee of the board to practice dentistry therein for professional incompetence or unprofessional or dishonorable conduct as defined in this chapter shall report it in writing to the board including the factual basis of such revocation or suspension of the practice privilege. Any report made to the board pursuant to this section is confidential and subject to the same restrictions set forth in § 36-6A-22.2 . No licensed facility, complying in good faith with this section, may be held liable for any injury or damage proximately resulting from the compliance.

Source: SL 2015, ch 199, § 20.
S.D. Codified Laws § 36-11-4 — SD Code / Title 36 / Chapter 11 / Section 36-11-4
Composition of State Board of Pharmacy--Terms and appointment of members--Removal of member
Status: in_force

The State Board of Pharmacy shall include four professional members who shall hold their offices for terms of three years or until their successors are appointed and qualified. No member may serve more than three consecutive full terms. The appointment of a person to an unexpired term is not considered a full term. The Governor may remove any member of the board for just cause.

Source: SDC 1939, § 27.1003; SL 1967, ch 102, § 4; revised pursuant to SL 1973, ch 2, § 58; SL 2005, ch 199, § 32; SL 2007, ch 213, § 2.
S.D. Codified Laws § 36-21A-12 — SD Code / Title 36 / Chapter 21A / Section 36-21A-12
Real estate salesperson defined
Status: in_force

For the purposes of this chapter, a real estate salesperson is any person who for compensation or consideration is associated with a responsible broker, to sell or offer to sell, or to buy or offer to buy, or to negotiate the purchase, sale, lease, rental, or exchange of real property, or of the property's improvements, or any business opportunity or business, or its goodwill, inventory, or fixtures, or any interest therein, or to sell or offer to sell, or to buy or offer to buy, or to negotiate the purchase, sale, lease, rental, or exchange of a mobile or manufactured home which has been registered under the provisions of chapters 32-3 to 32-5B , inclusive. A salesperson may perform a broker price opinion or comparative market analysis for purposes of purchase, sale, lease, rental, or exchange of real property.

Source: SL 1992, ch 273, § 12; SL 1998, ch 231, § 1; SL 2013, ch 177, § 6.
S.D. Codified Laws § 36-8-4.1 — SD Code / Title 36 / Chapter 8 / Section 36-8-4.1
Board continued within Department of Health--Records and reports
Status: in_force

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

Source: SL 1973, ch 2, § 56 (p); SL 2003, ch 272, § 43.
S.D. Codified Laws § 36-5-26 — SD Code / Title 36 / Chapter 5 / Section 36-5-26
Out-of-state applicants
Status: in_force

The board may register an applicant from outside the state whose education and training meet the qualifications established by the board.

Source: SL 2008, ch 192, § 4; SL 2021, ch 173, § 34.
S.D. Codified Laws § 36-6A-57 — SD Code / Title 36 / Chapter 6A / Section 36-6A-57
Reexamination on failure to comply with continuing education or competency requirements--Suspension of license
Status: in_force

Any licensee or registrant who fails to comply with the continuing education or continuing competency requirements set forth in this chapter may, at the discretion of the board, be reexamined to determine his or her competency to continue licensure or registration. If, in the opinion of the board, a licensee or registrant does not qualify for further practice, the board may, in compliance with chapter 1-26 , suspend the license or registration until the time the licensee or registrant provides acceptable evidence to the board of his or her competency to practice.

Source: SL 1971, ch 213, § 31; revised pursuant to SL 1972, ch 15, § 4; SL 1992, ch 269, § 49; SL 2015, ch 199, § 70.
S.D. Codified Laws § 36-16-15 — SD Code / Title 36 / Chapter 16 / Section 36-16-15
Electrical wiring--Personal residence or farmstead--Inspection and fee--Report--Violation as misdemeanor--Promulgation of rules--"Residence" defined
Status: in_force

No license is required of a person installing electric wiring in or on:

(1) The person's own residence, including attached or unattached accessory structures and the parcel of land upon which the structures are situated;

(2) The person's own farmstead;

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

(4) The premises of any private, non-habitable property owned by the person that is not substantially used in connection with a trade or business of the person.

Entrance installations in excess of sixty amperes capacity, circuits, or the installation of electrical parts of other apparatus shall be subject to inspection and payment of an inspection fee as provided by §§ 36-16-29 and 36-16-30 . Failure to report this work as required by law is a Class 2 misdemeanor.

The commission shall promulgate rules, pursuant to chapter 1-26 , to establish criteria for authorizing persons to install electric wiring under this section.

For the purposes of this section, the term "residence" means a detached owner-occupied single-family dwelling.

Source: SL 1963, ch 216, § 6 (3) as added by SL 1967, ch 128, § 3; SL 1986, ch 315, § 4; SL 2020, ch 160, § 1; SL 2022, ch 150, § 1; SL 2024, ch 158, § 1.
S.D. Codified Laws § 36-29-31 — SD Code / Title 36 / Chapter 29 / Section 36-29-31
Background check--Compact participants--Costs
Status: in_force

The board shall implement procedures for the completion of a state and federal fingerprint-based criminal background check for an athletic trainer seeking to participate in the athletic trainer compact adopted by § 36-29A-1 . The athletic trainer must pay for the cost of fingerprinting and conducting the background check.

Source: SL 2026, ch 162, § 1.
S.D. Codified Laws § 36-9C-1 — SD Code / Title 36 / Chapter 9C / Section 36-9C-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Approved program," an educational program of study leading to eligibility for certification as a midwife that is approved or accredited by the midwifery education accreditation council (MEAC);

(2) "Board," the South Dakota Board of Certified Professional Midwives;

(3) "Certified professional midwife" or "CPM," a practitioner licensed and authorized under this chapter to manage and care for the low-risk mother-baby unit in an out-of-hospital setting during pregnancy, labor, delivery, and postpartum periods;

(4) "Client," a woman under the care of a certified professional midwife outside of a hospital;

(5) "Licensed," a written authorization by the board required to practice as a certified professional midwife or certified professional midwife student;

(6) "Low risk," a pregnancy that is anticipated to be problem free based on an assessment of the woman's past medical history and ongoing assessment of the mother-baby unit throughout the pregnancy, labor, delivery, and postpartum care;

(7) "Midwife student," a student enrolled in an approved program and licensed and authorized under this chapter;

(8) "Transporting," transferring, during the course of labor and delivery, the responsibility of providing services to a client from a certified professional midwife to a licensed health care provider.

Source: SL 2017, ch 172, § 1.
S.D. Codified Laws § 36-21A-103 — SD Code / Title 36 / Chapter 21A / Section 36-21A-103
Notice to commission of claims against recovery fund--Intervention by commission
Status: in_force

A person commencing an action that may result in the filing of a claim against the real estate recovery fund shall serve a copy of the summons and complaint upon the commission within ten days of service upon the defendant. The commission may intervene in the action pursuant to § 15-6-24(a).

Source: SL 1992, ch 273, § 103.
S.D. Codified Laws § 36-1B-2.1 — SD Code / Title 36 / Chapter 1B / Section 36-1B-2.1
Renewal of license, certificate, registration, or permit
Status: in_force

Any license, certificate, registration, or permit issued pursuant to § 36-1B-1 may be renewed until any of the following events occur:

(1) Active duty orders transfer the applicant out of South Dakota;

(2) The applicant no longer holds in good standing the same or similar valid license, certificate, registration, or permit required for the practice of any business, profession, or occupation issued by another state or the District of Columbia;

(3) The applicant fails to adhere to the requirements of the applicable South Dakota licensing body to maintain license, certificate, registration, or permit; or

(4) The full-time active duty status of the member of the armed forces stationed in South Dakota is terminated.

Source: SL 2019, ch 167, § 2.
S.D. Codified Laws § 36-9-58.3 — SD Code / Title 36 / Chapter 9 / Section 36-9-58.3
Survey of educational program of applicant institution--Interim approval
Status: in_force

A survey of the educational program of any institution applying under § 36-9-58.2 shall be made by the board. If the board finds that the curricula and standards required by it and this chapter are met, the institution's program shall receive interim approval until a survey is made following graduation of the first class.

Source: SL 1947, ch 123, § 3; SL 1949, ch 109, § 3; SL 1955, ch 91, § 3; SDC Supp 1960, § 27.0903 (3) (c), (d); SL 1967, ch 101, § 3 (3) (d); SDCL, §§ 36-9-59 , 36-9-60; SL 1976, ch 228, § 44; SL 1979, ch 255, § 53; SL 1986, ch 307, § 35.
S.D. Codified Laws § 36-35-18 — SD Code / Title 36 / Chapter 35 / Section 36-35-18
Duplicate license
Status: in_force

The board may issue a duplicate license to a licensee upon request.

Source: SL 2005, ch 206, § 18; SL 2008, ch 191, § 77; SL 2013, ch 184, § 12.
S.D. Codified Laws § 36-21A-38 — SD Code / Title 36 / Chapter 21A / Section 36-21A-38
Responsible broker to represent corporation, limited liability company, partnership or association and sign application--Termination of affiliation--Fee
Status: in_force

No license may be granted to a corporation, limited liability company, partnership or association, unless the corporation, limited liability company, partnership, or association designates a responsible broker who will represent the corporation, limited liability company, partnership, or association. A nonlicensed individual may have an ownership interest in any corporation, limited liability company, partnership, or association through which a responsible broker engages in professional real estate activity. However, no nonlicensed individual may control or supervise the professional real estate activity of any real estate licensee associated with the firm. No nonlicensed individual may have any ownership interest in a sole proprietorship that engages in professional real estate activity. The responsible broker shall sign the application for the license. Upon the termination of a responsible broker's affiliation with the firm, the firm shall name a new responsible broker and notify the commission in writing. The application fee for a firm license shall be set out by rule, promulgated by the commission pursuant to chapter 1-26 , and may not exceed one hundred dollars.

Source: SL 1992, ch 273, § 38; SL 1994, ch 351, § 80A; SL 2008, ch 191, § 44; SL 2011, ch 180, § 3.
S.D. Codified Laws § 36-18A-68 — SD Code / Title 36 / Chapter 18A / Section 36-18A-68
Limitation on liability of licensed professionals--Exception
Status: in_force

A professional engineer, architect, land surveyor, landscape architect, petroleum release assessor, or petroleum release remediator is not liable for the safety of persons or property on or about a construction project site, or for the construction techniques, procedures, sequences, and schedules, or for the conduct, action, errors, or omissions of any construction contractor, subcontractor, construction manager, or material supplier, their agents or employees, unless that person assumes responsibility therefor by contract or by that person's actual conduct. This section does not relieve a professional engineer, architect, land surveyor, landscape architect, petroleum release assessor, or petroleum release remediator from liability for that person's negligence in design work.

Source: SL 1999, ch 195, § 68.
S.D. Codified Laws § 36-21A-68 — SD Code / Title 36 / Chapter 21A / Section 36-21A-68
Grounds for revocation of license--Criminal prosecution--Setting minimum fees not impaired--Suspension, reprimand, and monetary penalties
Status: in_force

A license issued under this chapter may be revoked by the commission upon proof of unprofessional conduct on the part of the licensee. For the purposes of this chapter, the term unprofessional conduct does not impair the right of a licensee to set minimum fees chargeable for his services. Unprofessional conduct is not the basis for criminal prosecution unless otherwise declared unlawful. The commission may also impose a suspension, reprimand, or a monetary penalty not to exceed two thousand five hundred dollars, or a combination of revocation, suspension, reprimand or monetary penalty. Any moneys collected from the monetary penalty shall be deposited into the fund of the commission.

Source: SL 1992, ch 273, § 68.
S.D. Codified Laws § 36-5-14.2 — SD Code / Title 36 / Chapter 5 / Section 36-5-14.2
Additional requirements for annual license
Status: in_force

The board may provide, by rule, promulgated pursuant to chapter 1-26 , additional requirements for the obtaining of an annual license.

Source: SL 1975, ch 232, § 13; SL 2021, ch 173, § 19.
S.D. Codified Laws § 36-11A-45 — SD Code / Title 36 / Chapter 11A / Section 36-11A-45
Cease and desist order for violation--Hearing
Status: in_force

The board shall issue an order requiring the appropriate person including any distributor or retailer of the drug to immediately cease distribution of the drug within this state if the board finds that there is a reasonable probability that:

(1) A wholesale distributor, other than a manufacturer, has:

(a) Violated a provision of §§ 36-11A-20 to 36-11A-46 , inclusive; or

(b) Falsified a transaction document, or sold, distributed, transferred, manufactured, repackaged, handled, or held a counterfeit prescription drug intended for human use;

(2) The prescription drug at issue as a result of a violation in subdivision (1) could cause serious, adverse health consequences or death; and

(3) Other procedures would result in unreasonable delay.

An order under this section shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than ten days after the date of the issuance of the order, on the actions required by the order. If, after providing an opportunity for such a hearing, the board determines that inadequate grounds exist to support the actions required by the order, the board shall vacate the order.

Source: SL 2007, ch 215, § 27; SL 2017, ch 174, § 27.
S.D. Codified Laws § 36-35-2 — SD Code / Title 36 / Chapter 35 / Section 36-35-2
Appointment of board members--Terms--Vacancy
Status: in_force

The board consists of five members appointed by the Governor. The term of a board member is three years. One member of the board shall be a person not licensed by the board. Four members of the board shall be persons licensed by the board. The Governor shall fill any vacancy by appointment to complete the unexpired portion of the vacancy. No person may serve more than three consecutive full terms on the board. The appointment to an unexpired term is not considered a full term.

The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment.

Source: SL 2005, ch 206, § 2; SL 2012, ch 16, § 14; SL 2013, ch 176, § 8; SL 2016, ch 197, § 2.
S.D. Codified Laws § 36-4B-13.1 — SD Code / Title 36 / Chapter 4B / Section 36-4B-13.1
Background check--Applicants--Information confidential
Status: in_force

In addition to the requirements referenced in § 36-4B-13 , an applicant for licensure as an emergency medical technician or advanced life support personnel 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 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 2022, ch 145, § 1; SL 2024, ch 153, § 7.
S.D. Codified Laws § 36-21A-106 — SD Code / Title 36 / Chapter 21A / Section 36-21A-106
False statement in proceedings against recovery fund as perjury
Status: in_force

Any person who knowingly files with the commission any notice, statement or other document required under §§ 36-21A-101 to 36-21A-115 , inclusive, which is false or untrue or contains any material misstatement of fact is guilty of perjury.

Source: SL 1992, ch 273, § 106.
S.D. Codified Laws § 36-20B-15 — SD Code / Title 36 / Chapter 20B / Section 36-20B-15
Examination--Degree requirement
Status: in_force

In order to sit for the examination described in § 36-20B-18 , an individual must provide documentation to the board that the individual has obtained, or is scheduled to obtain within one hundred days after taking the examination, a bachelor's degree or a graduate degree from an accredited institution of higher education. The individual's degree program must include a concentration in accounting or an equivalent, as determined by the board.

Source: SL 2002, ch 179, § 16; SL 2026, ch 160, § 3.
S.D. Codified Laws § 36-21A-34.1 — SD Code / Title 36 / Chapter 21A / Section 36-21A-34.1
Requirements for upgrade to broker associate license
Status: in_force

An active licensed nonresident real estate salesperson, who establishes residency in South Dakota, shall upgrade to a broker associate license by completing the following before the current license expires: complete forty hours of prescribed education in a course approved by the commission; submit a broker associate license application; and submit the required license application fee.

A resident real estate salesperson, whose license is on inactive status and who wishes to be an active licensee, shall upgrade to a broker associate license by completing the following prior to activation: complete forty hours of prescribed education in a course approved by the commission before submitting a broker associate license application; submit a broker associate license application; and submit the required license application fee.

The commission shall promulgate rules, pursuant to chapter 1-26 , to specify requirements for the course and examination.

Source: SL 2002, ch 180, § 1; SL 2013, ch 177, § 12.
S.D. Codified Laws § 36-15-58 — SD Code / Title 36 / Chapter 15 / Section 36-15-58
Initiation of proceedings for cancellation, revocation or suspension of license
Status: in_force

The proceedings for cancellation, revocation, or suspension of a license may be initiated when the cosmetology commission has information that any person may have been guilty of any misconduct as provided in § 36-15-56 , or is guilty of incompetence, negligence, or unprofessional or dishonorable conduct.

Source: SDC 1939, § 27.1511; SL 1943, ch 106, § 3; SL 1957, ch 118, § 1; SL 1972, ch 206, § 52; SL 2005, ch 199, § 46.
S.D. Codified Laws § 36-13-11 — SD Code / Title 36 / Chapter 13 / Section 36-13-11
Application for certificate of registration--Examination--Fees
Status: in_force

A person may obtain a certificate of registration under this chapter upon the successful completion of an examination. The person shall apply to the board and pay to its secretary-treasurer an examination fee in an amount set by the board by rules promulgated pursuant to chapter 1-26 . The examination fee may not exceed seventy-five dollars for each section and the re-examination fee may not exceed fifty dollars for each section. The application shall contain such information as the board may require and be upon a form prepared by the board. The board shall fix a date and place for the examination of the applicant and send a notice to the applicant by mail.

Source: SDC 1939, § 1.0105; SL 1980, ch 257, § 1; SL 1986, ch 302, § 40; SL 2008, ch 195, § 16.
S.D. Codified Laws § 36-21D-9 — SD Code / Title 36 / Chapter 21D / Section 36-21D-9
Assessment of expenses of contested case proceeding
Status: in_force

The secretary of the Department of Labor and Regulation may assess to a registered appraisal management company, an applicant for registration as an appraisal management company, or an unregistered appraisal management company performing appraisal management services in this state, all or part of the actual expenses of a contested case proceeding resulting in the discipline or censure of the registrant, suspension or revocation of the registrant's certificate of registration, the denial of a certificate of registration to the applicant, or the discipline or censure of an unregistered appraisal management company performing appraisal management services in this state.

Source: SL 2011, ch 184, § 9.
S.D. Codified Laws § 36-9-46 — SD Code / Title 36 / Chapter 9 / Section 36-9-46
Application for inactive status--Fee
Status: in_force

A licensee may file written application with the board, accompanied by the required fee, requesting inactive status. Upon receipt of the fee, the board shall place the license on inactive status.

Source: SDC 1939, § 27.0905; SL 1947, ch 123, § 8; SL 1949, ch 109, § 9; SL 1955, ch 91, § 6; SDC Supp 1960, § 27.0906; SL 1967, ch 101, § 6; SDCL § 36-9-47 ; SL 1976, ch 228, § 33; SL 1977, ch 294, § 2; SL 1979, ch 255, § 40; SL 2016, ch 194, § 26.
S.D. Codified Laws § 36-26-28 — SD Code / Title 36 / Chapter 26 / Section 36-26-28
Re-examination required after lapse of license
Status: in_force

Any licensee who does not renew his or her license for two consecutive years because of sickness or other reason, or absence from the State of South Dakota, must take the examination as prescribed for an applicant to become a licensee and comply with all the provisions hereof, applicable to any applicant to become a licensee.

Source: SL 1975, ch 22, § 24.
S.D. Codified Laws § 36-5-1 — SD Code / Title 36 / Chapter 5 / Section 36-5-1
Scope of practice--Limitations--Inapplicability to physicians
Status: in_force

Chiropractic is the science of locating and removing the cause of any abnormal transmission of nerve energy including diagnostic and applied mechanical measures incident thereto. Integral to chiropractic is the treating of specific joints and articulations of the body and adjacent tissues, to influence joints or neurophysiological functions of the body, or both, including the use of examination and treatment by manipulation, adjustment, and mobilization of a joint. No chiropractor may practice obstetrics or treat communicable diseases. The requirements of this section do not apply to those licensed pursuant to chapter 36-4 .

Source: SDC 1939, §§ 27.0501, 27.0510; SL 1939, ch 101, § 8; SDC Supp 1960, § 27.0508; SL 2007, ch 209, § 1.
S.D. Codified Laws § 36-4B-16 — SD Code / Title 36 / Chapter 4B / Section 36-4B-16
Permitted practice--Emergency medical technician-intermediate/99
Status: in_force

An emergency medical technician - intermediate/99 may:

(1) Respond to, assess, and triage non-urgent, urgent, and emergent requests for medical care;

(2) Apply basic and focused advanced knowledge and skills necessary to provide patient care transportation;

(3) Perform interventions with the basic and advanced equipment typically found in an ambulance;

(4) Perform intravenous cannulation for shock management;

(5) Administer medications approved by the board; and

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

Source: SL 1978, ch 269, § 16; SL 1983, ch 268; SL 1987, ch 268, § 5; SL 2003, ch 198, § 4; SL 2024, ch 153, § 11.
S.D. Codified Laws § 36-9C-37 — SD Code / Title 36 / Chapter 9C / Section 36-9C-37
Review of birth registration and reportable information--Report of neonatal or maternal mortality
Status: in_force

The board shall review birth registration and reportable information for each out-of-hospital birth for evaluation and quality management purposes. The certified professional midwife shall provide additional documentation to the board upon request for review. The certified professional midwife shall report within forty-eight hours to the board any neonatal or maternal mortality in a patient for whom the certified professional midwife has cared in the perinatal period.

Source: SL 2017, ch 172, § 39.
S.D. Codified Laws § 36-7-26 — SD Code / Title 36 / Chapter 7 / Section 36-7-26
Appeal from Board of Examiners
Status: in_force

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

Source: SDC 1939, § 27.0707; SL 1951, ch 131, § 4; revised pursuant to SL 1972, ch 15, § 4.
S.D. Codified Laws § 36-4B-42 — SD Code / Title 36 / Chapter 4B / Section 36-4B-42
Reporting requirements
Status: in_force

Any individual licensed in accordance with this chapter must report any of the following occurrences to the board, within thirty days of the date of the occurrence:

(1) Conviction or discipline for unprofessional conduct or dishonorable conduct, as defined in § 36-4-30 ;

(2) Any encumbrance of the individual's National Registry of Emergency Medical Technicians or other health care certification or licensure;

(3) Hospital disciplinary action implicating the individual;

(4) Action affecting the individual's privilege to practice;

(5) Judgment or settlement related to the individual's alleged malpractice; and

(6) Change in the individual's:

(a) Home address;

(b) Business address;

(c) Home phone number;

(d) Work phone number;

(e) Email address; or

(f) Other information that is used for communicating with the board.

Failure to report may constitute a basis for disciplinary action against the individual.

Source: SL 2024, ch 153, § 29; SL 2026, ch 136, § 8.
S.D. Codified Laws § 36-6A-20 — SD Code / Title 36 / Chapter 6A / Section 36-6A-20
Depositions
Status: in_force

Any deposition may be taken as provided by § 1-26-19.2 .

Source: SDCL 1967, § 36-6-12 as added by SL 1971, ch 213, § 13; revised pursuant to SL 1972, ch 15, § 4; SL 1992, ch 269, § 21.
S.D. Codified Laws § 36-21D-1 — SD Code / Title 36 / Chapter 21D / Section 36-21D-1
Registration of appraisal management companies required--Injunction for violation
Status: in_force

Any person or entity acting as an appraisal management company or performing appraisal management services in this state, except an appraisal management company that is a subsidiary owned and controlled by a financial institution regulated by a federal financial institution regulatory agency, shall register with the Department of Labor and Regulation. Any person or entity who violates this section may be restrained by permanent injunction in any court of competent jurisdiction, at the suit of the attorney general or any citizen of the state.

Source: SL 2011, ch 184, § 1.
S.D. Codified Laws § 36-34-26 — SD Code / Title 36 / Chapter 34 / Section 36-34-26
Allegations--Burden of proof
Status: in_force

In the prosecution of any person for violation of this chapter, it is not necessary to allege or prove lack of valid recognition, certification, or licensure. Proof of recognition, certification, or licensure is a matter of defense to be established by the defendant.

Source: SL 2004, ch 253, § 27; SL 2013, ch 183, § 25.
S.D. Codified Laws § 36-31-22 — SD Code / Title 36 / Chapter 31 / Section 36-31-22
Investigation and report of violations
Status: in_force

The board shall investigate every alleged violation of this chapter pursuant to the procedures set forth in chapter 36-1C. If the alleged violation is committed by a nonlicensee, the board shall report the same to the proper law enforcement officials wherein the violation is committed.

Source: SL 1986, ch 323, § 22; SL 2021, ch 168, § 40.
S.D. Codified Laws § 36-37-2 — SD Code / Title 36 / Chapter 37 / Section 36-37-2
Practice of speech-language pathology defined
Status: in_force

For the purposes of this chapter, the practice of speech-language pathology is the application of principles, methods, and procedures related to the development, disorders, and effectiveness of human communication and related functions including providing prevention, screening, consultation, assessment, evaluation, diagnosis, treatment, intervention management, counseling, collaboration, and referral services for disorders of speech, language, feeding, and swallowing, and for cognitive aspects of communication. The practice of speech-language pathology includes:

(1) Establishing augmentative and alternative communication techniques and strategies, including developing, selecting, and prescribing of techniques, strategies, and devices, excluding the dispensing and fitting of hearing aids pursuant to chapter 36-24 ;

(2) Providing services to individuals with hearing loss and their families;

(3) Screening individuals for hearing loss or middle ear pathology using conventional pure-tone air conduction methods, otoacoustic emissions screening, or screening typanometry;

(4) Using instrumentation to observe, collect data, and measure parameters of communication and swallowing;

(5) Selecting, fitting, and establishing effective use of prosthetic or adaptive devices for communication, swallowing, or other upper aerodigestive functions; and

(6) Providing services to modify or enhance communication performance.

Source: SL 2012, ch 196, § 2; SL 2023, ch 141, § 2.
S.D. Codified Laws § 36-2-7 — SD Code / Title 36 / Chapter 2 / Section 36-2-7
Psychologists exempt
Status: in_force

Nothing contained in this chapter shall be construed to interfere in any way with a qualified psychologist in the discharge of his professional duties while employed by any state or governmental agency, or any recognized college or university.

Source: SL 1953, ch 130, § 3; SDC Supp 1960, § 27.0319 (7).
S.D. Codified Laws § 36-16-9 — SD Code / Title 36 / Chapter 16 / Section 36-16-9
Electrical commission fund--Collections and disbursements
Status: in_force

All money coming into the custody of the commission shall be paid by the commission to the state treasurer on or before the tenth day after receipt of the money. The state treasurer shall credit the money to the South Dakota electrical commission fund. The money in the South Dakota electrical commission fund is continuously appropriated to the commission for the purpose of paying the expense of administering and enforcing the provisions of this chapter. However, the total expense incurred may not exceed the total money collected by the commission under the provisions of this chapter.

Source: SL 1963, ch 216, § 4 (5); SL 1994, ch 301, § 3; SL 2011, ch 179, § 2.
S.D. Codified Laws § 36-4A-4.1 — SD Code / Title 36 / Chapter 4A / Section 36-4A-4.1
Use of title
Status: in_force

Except as provided in § 36-4A-6 , an individual who is not licensed under this chapter, but meets the qualifications for licensure under this chapter, may use the title of physician assistant, but may not practice as a physician assistant.

Source: SL 2025, ch 149, § 5.
S.D. Codified Laws § 36-11-46.4 — SD Code / Title 36 / Chapter 11 / Section 36-11-46.4
Standards for selecting prescription drug
Status: in_force

A pharmacist may not select a product unless it has been manufactured, labeled, or distributed by a manufacturer, labeler, or distributor who:

(1) Marks capsules and tablets with an identification code or monogram;

(2) Labels products with their expiration date;

(3) Provides reasonable services to accept return goods that have reached their expiration date;

(4) Maintains reasonable resources for product information;

(5) Maintains recall capabilities for unsafe or defective drugs; and

(6) Makes available therapeutic equivalency ratings.

Source: SL 1978, ch 271, § 6; SL 1990, ch 306, § 4; SL 1993, ch 277, § 5.
S.D. Codified Laws § 36-29-26 — SD Code / Title 36 / Chapter 29 / Section 36-29-26
Investigation and report of violations
Status: in_force

The Board of Medical and Osteopathic Examiners shall investigate every alleged violation of this chapter pursuant to the procedures set forth in chapter 36-1C. If the alleged violation is committed by a nonlicensee, the board shall report the same to the proper law enforcement officials wherein the violation is committed.

Source: SL 1984, ch 255, § 26; SL 2021, ch 168, § 39.
S.D. Codified Laws § 36-18A-39 — SD Code / Title 36 / Chapter 18A / Section 36-18A-39
Expiration and biennial renewal of licenses--Continuing professional education
Status: in_force

A license expires two years after the date of issuance and becomes invalid on that date unless renewed by that date. Any professional engineer, architect, land surveyor, landscape architect, or petroleum release assessor or remediator licensed under this chapter who desires to continue to practice or offer to practice the licensee's profession shall:

(1) Pay the renewal fee, not to exceed two hundred dollars, established by the board in rules promulgated pursuant to chapter 1-26 ; and

(2) Successfully complete all continuing professional development requirements established by the board or make a showing of good cause why the licensee was unable to comply with such requirements.

The board shall promulgate rules, pursuant to chapter 1-26 , to establish continuing professional education and development criteria.

Source: SL 1999, ch 195, § 39; SL 2009, ch 184, § 7.
S.D. Codified Laws § 36-18A-28 — SD Code / Title 36 / Chapter 18A / Section 36-18A-28
Land surveying intern qualifications--Board to establish criteria
Status: in_force

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

Source: SL 1999, ch 195, § 28.
S.D. Codified Laws § 36-15-4 — SD Code / Title 36 / Chapter 15 / Section 36-15-4
Qualifications of professional commission members--School affiliation prohibited
Status: in_force

Each professional member of the commission shall be:

(1) A resident of this state;

(2) At least twenty - five years of age;

(3) Actively engaged in the practice of cosmetology for the three years immediately preceding the appointment; and

(4) Currently licensed as a cosmetologist in this state at the time of the appointment and while serving on the commission.

No member of the commission may be a member of or affiliated with or have an interest in any school while in office.

Source: SDC 1939, § 27.1504 as enacted by SL 1957, ch 118, § 1; SL 1963, ch 155; SL 1972, ch 206, § 3; SL 1980, ch 379, § 19; SL 2003, ch 202, § 6; SL 2020, ch 168, § 9.
S.D. Codified Laws § 36-11-5 — SD Code / Title 36 / Chapter 11 / Section 36-11-5
Meetings of board--Quorum
Status: in_force

The board shall hold meetings for the examination of applicants for licensure and registration, and the transaction of other business that pertains to its duties. Special meetings of the board may be held whenever deemed necessary by a majority of the board. Three members of the board constitutes a quorum.

Source: SL 1967, ch 102, § 5; SL 2025, ch 154, § 4.
S.D. Codified Laws § 36-26-26 — SD Code / Title 36 / Chapter 26 / Section 36-26-26
Continuing education required--Waiver
Status: in_force

Attendance at postgraduate work as may be prescribed by the board, is a further requirement for renewal of any license. In no instance may the board require a greater number of hours of annual continuing education study than are available at courses approved by the board and held within the state. The board shall be allowed to waive the continuing education requirement in case of certified illness or undue hardship.

Source: SL 1975, ch 22, § 25.
S.D. Codified Laws § 36-7-12.2 — SD Code / Title 36 / Chapter 7 / Section 36-7-12.2
Criminal background check of new applicants and licensees under disciplinary investigation
Status: in_force

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

Source: SL 2009, ch 179, § 1.
S.D. Codified Laws § 36-21A-14 — SD Code / Title 36 / Chapter 21A / Section 36-21A-14
Terms of commission members--Vacancies
Status: in_force

Each member of the commission shall be appointed for a term of three years. Any member appointed to the commission prior to July 1, 2005, shall serve the four-year term to which the member was originally appointed. Any member appointed to the commission after July 1, 2005, shall serve a three-year term. No member may serve more than three consecutive full terms. Any member appointed to fill a vacancy arising during a commissioner's term shall serve for the unexpired portion of the term. The appointment to an unexpired term is not considered a full term.

Source: SL 1992, ch 273, § 14; SL 2005, ch 199, § 55.
S.D. Codified Laws § 36-1C-9 — SD Code / Title 36 / Chapter 1C / Section 36-1C-9
Notice of hearing
Status: in_force

After the receipt of the response in § 36-1C-8 , the agency's counsel shall file a notice of hearing pursuant to § 1-26-17 . The notice of hearing must be served no later than twenty calendar days prior to the hearing date.

The agency may continue the date of the hearing as necessary. The agency's counsel shall serve notice of any new date by electronic mail to the applicant or licensee's address on file with the agency. If the applicant or licensee does not have electronic mail, communication shall be sent to the mailing address on file with the agency.

Source: SL 2021, ch 168, § 9.
S.D. Codified Laws § 36-6A-30 — SD Code / Title 36 / Chapter 6A / Section 36-6A-30
Sale, offer, or advertising of dental services by unlicensed or unregistered person prohibited--Misdemeanor
Status: in_force

No person in this state may sell, offer, provide, or advertise any dental service including the furnishing, constructing, reproduction, relining, or repair of dentures, bridges, plates, or other appliances to be used or worn as substitutes for natural teeth unless the person holds the appropriate license, registration, or permit issued by the board. A violation of this section is a Class 1 misdemeanor.

The mere delivery of products to an ultimate consumer or person acting on behalf of the consumer for the purpose of transporting products to the dentist who provided the work order is not a violation of this section. This section does not apply to mailings, displays, and advertisements, the primary distribution of which is to the dental profession or its ancillary trades.

Source: SL 1971, ch 213, § 26; SL 1981, ch 275, § 20; SL 1992, ch 158, § 75; SL 2015, ch 199, § 29.
S.D. Codified Laws § 36-15-45 — SD Code / Title 36 / Chapter 15 / Section 36-15-45
Required period of apprenticeship--Transfer to another salon--Break in apprenticeship period--Promulgation of rules
Status: in_force

A licensed apprentice in cosmetology shall receive education in the practice of cosmetology as required by this chapter in the same cosmetology salon for fifteen hundred consecutive hours. A licensed apprentice in esthetics shall receive education in the practice of esthetics as required by this chapter for six hundred consecutive hours. A licensed apprentice in nail technology shall receive education in the practice of nail technology as required by this chapter for four hundred consecutive hours in the same cosmetology salon or nail salon. The commission may permit an apprentice to transfer to another cosmetology, esthetics, or nail salon, as applicable, for completion of the apprenticeship if the apprentice applies for the transfer in writing to the commission and shows good cause for the request. The commission may permit a break in the consecutive period of the apprenticeship if the apprentice applies for the break in writing to the commission and shows good cause for the request. The commission shall define good cause by rules promulgated pursuant to chapter 1-26 .

Source: SDC 1939, § 27.1507 (6) as enacted by SL 1957, ch 118, § 1; SL 1965, ch 127, § 2; SL 1972, ch 206, § 35; SL 1997, ch 218, § 17; SL 2003, ch 202, § 51; SL 2018, ch 232, § 6, eff. Jan. 1, 2019; SL 2021, ch 176, § 4.
S.D. Codified Laws § 36-9-51.2 — SD Code / Title 36 / Chapter 9 / Section 36-9-51.2
Revocation or suspension proceedings to conform to administrative procedure
Status: in_force

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

Source: SL 1976, ch 228, § 40; SL 1979, ch 255, § 48; SL 2016, ch 194, § 33.
S.D. Codified Laws § 36-21A-80 — SD Code / Title 36 / Chapter 21A / Section 36-21A-80
Handling of money received by broker for principal
Status: in_force

A responsible broker shall remit immediately to the responsible broker's principal all money received by the responsible broker belonging to the principal unless, by the terms of a written employment contract, the responsible broker is authorized to retain possession of the money until the final settlement and consummation of the transaction. In that event the responsible broker shall deposit the money in a federally insured financial institution in a special trust account on the first legal banking day after the acceptance of the contract. The account shall be reconciled to the bank statements, trust ledger, and check register at least monthly. The money may not be used by the responsible broker except in connection with the transaction as authorized by the principal.

Source: SL 1992, ch 273, § 80; SL 1996, ch 236, § 6; SL 2013, ch 177, § 30.
S.D. Codified Laws § 36-11-19.2 — SD Code / Title 36 / Chapter 11 / Section 36-11-19.2
Nonresident pharmacy defined
Status: in_force

For purposes of §§ 36-11-19.2 to 36-11-19.9 , inclusive, a nonresident pharmacy is any pharmacy located outside this state that:

(1) Ships, mails, or delivers any dispensed drug to a resident in this state pursuant to a legally issued prescription; and

(2) Provides to a resident of this state information on drugs or devices including advice relating to therapeutic values, potential hazards, and uses; or

(3) Counsels pharmacy patients residing in this state concerning adverse and therapeutic effects of drugs.

Source: SL 1997, ch 217, § 1.
S.D. Codified Laws § 36-14-1 — SD Code / Title 36 / Chapter 14 / Section 36-14-1
Acts constituting practice of barbering
Status: in_force

Any one or any combination of the following practices when done for compensation, or without payment for the public generally, upon the upper part of the human body for cosmetic purposes, and not for the treatment of physical or mental ailments, shall constitute the practice of barbering:

(1) Shaving or trimming the beard or cutting the hair;

(2) Giving facial and scalp massages or treatment with oils, creams, lotions, or other preparations either by hand or mechanical appliances;

(3) Singeing, shampooing, or dyeing the hair or applying hair tonics;

(4) Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to the scalp, face, neck, or upper part of the body.

Source: SDC 1939, § 27.1601.
S.D. Codified Laws § 36-10-49 — SD Code / Title 36 / Chapter 10 / Section 36-10-49
Investigation of violations
Status: in_force

The State Board of Physical Therapy shall investigate every alleged violation of this chapter, pursuant to the procedures set forth in chapter 36-1C . If the alleged violation is committed by a nonlicensee, the board shall report the violation to the proper law enforcement officials. The board may employ special counsel, subject to the supervision, control and direction of the attorney general, assist in the prosecution of violations of this chapter, and expend the necessary funds for those purposes.

Source: SL 1955, ch 96, § 14; SDC Supp 1960, § 27.09A12; SDCL, § 36-10-16; SL 1972, ch 205, § 29; SL 2021, ch 168, § 23; SL 2023, ch 136, § 31.
S.D. Codified Laws § 36-4-8.1 — SD Code / Title 36 / Chapter 4 / Section 36-4-8.1
Corporation prohibited from practice of medicine or osteopathy
Status: in_force

Except as provided in chapter 47-11 , it is the public policy of this state that a corporation may not practice medicine or osteopathy. A corporation is not engaged in the practice of medicine or osteopathy and is not in violation of § 36-4-8 by entering into an employment agreement with a physician licensed pursuant to this chapter if the agreement or the relationship it creates does not:

(1) In any manner, directly or indirectly, supplant, diminish or regulate the physician's independent judgment concerning the practice of medicine or the diagnosis and treatment of any patient;

(2) Result in profit to the corporation from the practice of medicine itself, such as by the corporation charging a greater fee for the physician's services than that which he would otherwise reasonably charge as an independent practitioner, except that the corporation may make additional charges reasonably associated with the services rendered, such as facility, equipment or administrative charges; and

(3) Remain effective for a period of more than three years, after which it may be renewed by both parties annually.

Source: SL 1993, ch 271, § 1.
S.D. Codified Laws § 36-20B-5 — SD Code / Title 36 / Chapter 20B / Section 36-20B-5
Officers elected annually--Quorum--Meetings--Registry of licenses--Records certified by board admissible in evidence
Status: in_force

The board shall elect annually from among its members a chair, vice chair, and secretary - treasurer. A quorum for the transaction of board business shall consist of a majority of the members. The board shall meet at such times and places as may be determined by the board. The board shall have a seal which shall be judicially noticed. The board shall retain or arrange for the retention of all applications and all documents under oath that are filed with the board and also records of its proceedings, and it shall maintain a registry of the names and addresses of all active licensees under this chapter. The board may maintain a registry of the names and addresses of all other licensees. In any proceeding in court, whether civil or criminal, arising out of or founded upon any provision of this chapter, copies of any records certified as true copies under the seal of the board are admissible in evidence as tending to prove the contents of the records.

Source: SL 2002, ch 179, § 6.
S.D. Codified Laws § 36-11A-20 — SD Code / Title 36 / Chapter 11A / Section 36-11A-20
Authorized distributor of record defined
Status: in_force

For the purposes of this chapter, an authorized distributor of record is a wholesale distributor with whom a manufacturer has established an ongoing relationship to distribute the manufacturer's prescription drug. An ongoing relationship is deemed to exist between such wholesale distributor and a manufacturer when the wholesale distributor, including any affiliated group of the wholesale distributor, as defined in Section 1504 of the Internal Revenue Code, complies with both of the following:

(1) The wholesale distributor has a written agreement currently in effect with the manufacturer evidencing such ongoing relationship; and

(2) The wholesale distributor is listed on the manufacturer's current list of authorized distributors of record, which is updated by the manufacturer on no less than a monthly basis.

Source: SL 2007, ch 215, § 2.
S.D. Codified Laws § 36-9-38 — SD Code / Title 36 / Chapter 9 / Section 36-9-38
Examination required for licensed practical nursing license--Issuance of license
Status: in_force

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

Source: SL 1949, ch 109, § 5; SL 1955, ch 91, § 5; SDC Supp 1960, § 27.0905 (2) (a); SL 1967, ch 101, § 5 (2) (a); SL 1976, ch 228, § 26; SL 1979, ch 255, § 32; SL 1986, ch 307, § 25; SL 2016, ch 194, § 21.
S.D. Codified Laws § 36-9C-24 — SD Code / Title 36 / Chapter 9C / Section 36-9C-24
Examination of license holder or applicant by medical examiner
Status: in_force

The board may take action authorized by § 36-9C-23 upon satisfactory showing that the physical or mental condition of the license holder or applicant is determined by a competent medical examiner to be such as to jeopardize or endanger the health of those entrusted to the license holder's or applicant's care. The board may demand an examination of a license holder or applicant by a competent medical examiner selected by the board at the board's expense. If a license holder fails to submit to the examination, the failure constitutes immediate grounds for suspension of the license holder's license.

Source: SL 2017, ch 172, § 24.
S.D. Codified Laws § 36-2A-17 — SD Code / Title 36 / Chapter 2A / Section 36-2A-17
Physician wellness program--Confidentiality--Exemption
Status: in_force

Any record of a person's participation in a physician wellness program is confidential and not subject to discovery, subpoena, or a reporting requirement to the applicable board, unless the person voluntarily provides for written release of the information or the disclosure is required to meet the licensee's obligation to report a criminal charge or action, or unprofessional or dishonorable conduct, as defined in §§ 36-4-30 , 36-4-30 .1, and 36-4A-38 .

Source: SL 2021, ch 171, § 2.
S.D. Codified Laws § 36-8-13.1 — SD Code / Title 36 / Chapter 8 / Section 36-8-13.1
Certain healing arts practitioners to participate in alternate health care delivery systems
Status: in_force

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

Source: SL 1987, ch 269, § 2.
S.D. Codified Laws § 36-20B-23 — SD Code / Title 36 / Chapter 20B / Section 36-20B-23
Issuance and renewal of certificate--Expiration--Application--Provisional certificates
Status: in_force

A certificate shall be initially issued, and renewed, for a period of one year. However, certificates shall expire on the renewal date as established by the board, by rule promulgated pursuant to chapter 1-26 . Applications for such certificates shall be made in such form, and in the case of applications for renewal, between such dates, as the board shall specify by rule promulgated pursuant to chapter 1-26 . The board shall grant or deny any such application no later than ninety days after the application is filed in proper form. If the applicant seeks the opportunity to show that issuance or renewal of a certificate was mistakenly denied, or if the board is not able to determine whether it should be granted or denied, the board may issue to the applicant a provisional certificate, which shall expire ninety days after its issuance or when the board determines whether to issue or renew the certificate for which application was made, whichever occurs first.

The failure of an applicant to renew under this chapter does not deprive the applicant of the right of renewal thereafter if the applicant is otherwise qualified.

Source: SL 2002, ch 179, § 24.
S.D. Codified Laws § 36-13-26.1 — SD Code / Title 36 / Chapter 13 / Section 36-13-26.1
Abstracter's countersignature on title policy
Status: in_force

An abstracter's countersignature on a title insurance policy is verification that the abstracter has furnished the insurer a report based on the examination of record title and any other title information and services required by the insurer and § 36-13-25 .

Source: SL 1980, ch 256, § 2.
S.D. Codified Laws § 36-21A-25 — SD Code / Title 36 / Chapter 21A / Section 36-21A-25
Assistance provided to libraries, licensees, institutes and foundations
Status: in_force

The commission may assist libraries, licensees, institutes and foundations, with financial aid or otherwise, in providing texts, sponsoring studies, surveys and programs for the benefit of the real estate business and the elevation of the real estate business.

Source: SL 1992, ch 273, § 25.
S.D. Codified Laws § 36-21C-7 — SD Code / Title 36 / Chapter 21C / Section 36-21C-7
Exceptions to home inspector licensing requirements
Status: in_force

The provisions of this chapter do not apply to any of the following persons:

(1) Any person who is employed as a code enforcement official by the state or a political subdivision of the state when acting within the scope of that governmental employment;

(2) Any person regulated by the state as an architect, professional engineer, electrical contractor, or plumber, who is acting within the scope of practice of the person's profession or occupation;

(3) Any real estate broker or salesperson licensed by the state when acting within the scope of that person's license;

(4) Any real estate appraiser certified, licensed, or registered by the state when acting within the scope of that person's license;

(5) Any person engaged as an insurance adjuster, when acting within the scope of that person's profession; or

(6) Any manufactured home dealer who is licensed by the state, when acting within the scope of that person's license.

Source: SL 2000, ch 194, § 7.
S.D. Codified Laws § 36-27A-36 — SD Code / Title 36 / Chapter 27A / Section 36-27A-36
Compensation of board members
Status: in_force

The Board of Examiners of Psychologists members shall be paid per diem and reimbursed expenses at a rate not to exceed the same rate as other state employees while engaged in their official duties.

Source: SL 1976, ch 235, § 45; SDCL Supp, § 36-27-15; SL 1981, ch 281, § 37.
S.D. Codified Laws § 36-7-20.2 — SD Code / Title 36 / Chapter 7 / Section 36-7-20.2
Courses of continuing education specified by board--Certification of attendance--Waiver
Status: in_force

The board shall establish requirements for continuing education by rules promulgated pursuant to chapter 1-26 . Any continuing education course must be certified by the Council of Optometric Practitioner Education or approved by the board. Attendance at any course must be submitted by each optometrist when renewing a license pursuant to § 36-7-20 . The board may waive any or all of this requirement in case of certified illness or undue hardship.

Source: SL 1973, ch 243, § 2; SL 1979, ch 252, § 5; SL 2022, ch 147, § 12.
S.D. Codified Laws § 36-34-13.3 — SD Code / Title 36 / Chapter 34 / Section 36-34-13.3
Renewal of certificate or license
Status: in_force

The board may renew a certificate or license if the practitioner:

(1) Submits an application to the board for renewal before the expiration of the certificate or license;

(2) Pays the required renewal fee; and

(3) Provides proof of compliance with the continuing education requirements prescribed by the board.

If a practitioner fails to renew a certificate or license on or before November thirtieth in an odd-numbered year, the certificate or license is automatically suspended.

If a practitioner does not submit a renewal application before the expiration of the certificate or license, the board shall notify the holder that a renewal application has not been received by the board and that the holder may not practice addiction counseling or prevention services. The board may renew the certificate or license if, within thirty days after the expiration date of the certificate or license, the holder submits a renewal application and provides proof of compliance with the continuing education requirements prescribed by the board.

Source: SL 2013, ch 183, § 14; SL 2023, ch 140, § 3.
S.D. Codified Laws § 36-26-15.1 — SD Code / Title 36 / Chapter 26 / Section 36-26-15.1
Licensure of persons graduating from social work programs in candidacy status
Status: in_force

The board shall issue a license as a certified social worker or social worker to any applicant who:

(1) Meets the requirements for a certified social worker or social worker except whose baccalaureate or master of social work degree is from a program in candidacy status with the Council on Social Work Education; and

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

Any license granted under this section shall automatically expire if the social work baccalaureate or masters of social work program fails to maintain candidacy status or is denied accreditation. The social worker shall inform the board of any change in the social work program candidacy status.

Source: SL 2011, ch 185, § 1.
S.D. Codified Laws § 36-4B-18.1 — SD Code / Title 36 / Chapter 4B / Section 36-4B-18.1
Critical care endorsement
Status: in_force

A critical care endorsement is hereby created. The board shall issue the endorsement to any person who is licensed as a paramedic and:

(1) Completes the educational requirements and training, in critical care transport, approved by the board and promulgated in accordance with section 36-4B-35 ; or

(2) Is certified as a critical care paramedic or a flight paramedic by the International Board of Specialty Certification.

Source: SL 2022, ch 146, § 1; SL 2024, ch 153, § 17.
S.D. Codified Laws § 36-26-17 — SD Code / Title 36 / Chapter 26 / Section 36-26-17
Independent practice requirements
Status: in_force

No person may engage in the private, independent practice of social work unless he:

(1) Is licensed under this chapter as a certified social worker;

(2) Has had two years of experience under appropriate supervision in the field of specialization in which the applicant will practice (e.g., psychotherapy, community organization, or planning); and

(3) Has passed an examination prepared by the board for this purpose.

Source: SL 1975, ch 22, § 16.
S.D. Codified Laws § 36-35-21 — SD Code / Title 36 / Chapter 35 / Section 36-35-21
Professional liability insurance coverage
Status: in_force

Any person holding a valid license under this chapter and engaged in the practice of massage therapy shall carry malpractice or professional liability insurance coverage with a company with a certificate of authority from the South Dakota Division of Insurance with limits of no less than two hundred fifty thousand dollars per occurrence. A licensee shall notify the board of any change of carrier occurring after a license or renewal is granted.

Source: SL 2005, ch 206, § 21; SL 2013, ch 184, § 15.
S.D. Codified Laws § 36-35-10 — SD Code / Title 36 / Chapter 35 / Section 36-35-10
Practice of massage without license or employment of unlicensed person as misdemeanor
Status: in_force

Any person who engages in the practice of massage or holds himself or herself out to the public as engaged in the practice of massage without a license issued pursuant to this chapter, or owns, operates or manages a business which knowingly employs or contracts with any unlicensed person to offer or provide massage therapy, is guilty of a Class 1 misdemeanor. The board may bring a civil action to enjoin any violation of this chapter.

Source: SL 2005, ch 206, § 10; SL 2013, ch 184, § 3; SL 2016, ch 197, § 6.
S.D. Codified Laws § 36-7-1 — SD Code / Title 36 / Chapter 7 / Section 36-7-1
Optometry--Scope of practice
Status: in_force

The practice of optometry is declared to be a profession and is defined as:

(1) The examination of the human eye and its appendages;

(2) The employment of any means for the measurement of the powers of visions, or any visual, muscular, neurological, interpretative, or anatomical anomaly of the visual process;

(3) The prescribing or employment of lenses, prisms, frames, mountings, and visual training procedures;

(4) The prescribing or administration, except by injection unless otherwise permitted by this chapter, of any pharmaceutical agent rational to the diagnosis and treatment of the human eye and its appendages;

(5) The employment of any means or method for the correction, remedy, or relief of any insufficiency or abnormal condition of the visual process of the human eye and its appendages, provided the term "any means or method" does not include surgeries, unless otherwise permitted by this chapter;

(6) The removal of a superficial foreign body from the eye;

(7) The prescribing of contact lenses, except by a physician licensed under chapter 36-4 ;

(8) The use of intense pulsed light for the treatment of dry eye disease; and

(9) Subject to the requirements set forth in § 36-7-1.4 :

(a) The intradermal injection of a paralytic agent;

(b) The intralesional injection of a steroid to treat a chalazion;

(c) The use of a local anesthetic in conjunction with the primary removal of a pedunculated skin tag;

(d) The performance of a selective laser trabeculoplasty; and

(e) The performance of a posterior capsulotomy using an yttrium aluminum garnet laser.

Any procedure referenced in this section, when performed by a licensed optometrist, in accordance with this chapter, does not constitute the practice of medicine, for purposes of chapter 36-4 .

Source: SDC 1939, § 27.0701; SL 1941, ch 125, § 1; SL 1951, ch 131, § 1; SL 1976, ch 232; SL 1979, ch 253, § 1; SL 1986, ch 306, § 7; SL 1991, ch 303, § 1; SL 1994, ch 296, § 1; SL 2003, ch 201, § 1; SL 2024, ch 155, § 1.
S.D. Codified Laws § 36-29-27 — SD Code / Title 36 / Chapter 29 / Section 36-29-27
Injunction against violation--Alternative to criminal prosecution
Status: in_force

If it appears, from evidence satisfactory to the board, that an individual has violated the provisions of this chapter, or that an athletic trainer has committed unprofessional or dishonorable conduct or is incompetent, the board may apply for an injunction in any court of competent jurisdiction to restrain the individual or athletic trainer from continuing to practice.

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

Source: SL 1984, ch 255, § 27; SL 2024, ch 162, § 13.
S.D. Codified Laws § 36-15-62 — SD Code / Title 36 / Chapter 15 / Section 36-15-62
Citation of chapter
Status: in_force

This chapter shall be known and cited as the Cosmetology Act.

Source: SL 1972, ch 206, § 58.
S.D. Codified Laws § 36-25-17.2 — SD Code / Title 36 / Chapter 25 / Section 36-25-17.2
Training to be provided--Scope and contents--Exception
Status: in_force

The commission shall provide or arrange for training programs on the plumbing code and applicable laws and rules governing plumbing for persons licensed under § 36-25-17.1 , except for those persons showing competency by passing a state administered plumbing examination. Each person licensed as a plumbing contractor or journeyman plumber shall receive a minimum of four hours training of potable water distribution systems and four hours training of drainage, waste, and vent systems during the first year of licensure.

Source: SL 2003, ch 206, § 4.
S.D. Codified Laws § 36-24-24.1 — SD Code / Title 36 / Chapter 24 / Section 36-24-24.1
Certain activities not prevented or restricted
Status: in_force

Nothing in this chapter may be construed as preventing or restricting:

(1) A person licensed, certified, registered, or otherwise credentialed by this state in another profession from practicing within the scope of the profession for which the person is licensed, certified, registered, or otherwise credentialed;

(2) A person credentialed by this state as a teacher of deaf or hard of hearing students from:

(a) Providing audiology services or teaching in an infant or toddler program, a preschool, an elementary school, a secondary school, or a developmental disability program; or

(b) Teaching students in institutions of higher education;

(3) A physician or surgeon licensed by this state from performing tasks directly related to a disorder being treated;

(4) Any person possessing a valid certificate as a certified industrial audiometric technician or occupational hearing conservationist recognized by the board as meeting Council for Accreditation in Occupational Hearing Conservation standards if the service is performed in cooperation with either an audiologist licensed under this chapter or a licensed physician of this state;

(5) The activities and services of a person pursuing a course of study leading to a degree in speech-language pathology or audiology at a college or university if:

(a) The activities and services constitute a part of a planned course of study at that institution;

(b) The person is designated by the title of intern, trainee, student, volunteer, or other title clearly indicating the status appropriate to the person's level of education; and

(c) The person works under the supervision of an audiologist;

(6) The provision of over-the-counter hearing aids or devices available without the supervision, prescription, or other order, involvement, or intervention of a licensed person, to consumers through in-person transactions, by mail, or online; or

(7) Any commercial activity involving over-the-counter hearing aids or devices, including servicing, marketing, sale, dispensing, use, customer support, or distribution of over-the-counter hearing aids or devices through in-person transactions, by-mail, or online.

Source: SL 1997, ch 221, § 32; SL 2019, ch 8, § 5; SL 2024, ch 159, § 15.
S.D. Codified Laws § 36-9C-34 — SD Code / Title 36 / Chapter 9C / Section 36-9C-34
Limitation of liability
Status: in_force

No other licensed health care provider or hospital or agent thereof is liable for an injury resulting from an act or omission by a certified professional midwife, even if the health care provider has consulted with or accepted a referral from the certified professional midwife.

Source: SL 2017, ch 172, § 34.
S.D. Codified Laws § 36-28-28 — SD Code / Title 36 / Chapter 28 / Section 36-28-28
Severability of provisions
Status: in_force

If any provisions of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

Source: SL 1969, ch 113, § 18; SDCL Supp, § 34-12A-28.
S.D. Codified Laws § 36-10-35.9 — SD Code / Title 36 / Chapter 10 / Section 36-10-35.9
Physical therapist assistant--Supervision--Requirements
Status: in_force

When supervising a physical therapist assistant's care of a patient in any setting, the supervising physical therapist shall comply with the following standards of supervision:

(1) Before assigning the physical therapist assistant to the patient for physical therapy procedures and related tasks, the supervising physical therapist must perform a comprehensive assessment of the patient and establish a plan of care;

(2) The supervising physical therapist must be present at least one of every ten patient visits or one patient visit every thirty calendar days, whichever occurs sooner. The supervising physical therapist may be present through the use of interactive audio and visual communications technology. During each visit at which the supervising physical therapist is required to be present, the supervising physical therapist shall reassess the patient, review the plan of care, and if appropriate, make changes to or terminate the plan of care; and

(3) During any other patient visit at which the supervising physical therapist is not required to be present, the supervising physical therapist must be immediately available for consultation and direction, either in person or by telecommunications technology, while the physical therapist assistant is performing physical therapy procedures and related tasks.

Source: SL 1996, ch 231, § 15; SL 2017, ch 173, § 12; SL 2025, ch 152, § 5.
S.D. Codified Laws § 36-2-13 — SD Code / Title 36 / Chapter 2 / Section 36-2-13
Practice statutes not repealed
Status: repealed

This chapter shall not be construed as repealing any existing statute prohibiting the practice of the healing arts or the penalties prescribed for violation thereof.

Source: SL 1953, ch 130, § 5; SDC Supp 1960, § 27.0320.
S.D. Codified Laws § 36-4-19.1 — SD Code / Title 36 / Chapter 4 / Section 36-4-19.1
Contents of application for license based on certificate from national board or another jurisdiction--Consideration by board
Status: in_force

Applicants for license under the provisions of § 36-4-19 shall subscribe to an oath in writing before an officer authorized by law to administer oaths, which shall be a part of such application, and the oath shall be made on statements in the application which shall state the following:

(1) That the license, certificate, or authority under which the applicant practiced medicine in the state, territory or province of Canada from which the applicant removed was at the time of such removal in full force and not canceled, suspended or revoked.

(2) That the applicant is the identical person to whom the said certificate, license or commission and the said medical diploma was issued.

(3) Whether proceedings have ever been instituted against the applicant for a cancellation, suspension or revocation of said certificate, license or authority to practice medicine in any state, territory or province of Canada.

(4) Whether the applicant has ever applied for and been refused a certificate, license, authority or commission to practice medicine by any state, territory or province of Canada and if so the reason for said refusal.

(5) That no prosecution is pending against the applicant in any state or federal court or court in Canada for any offense which under the law of the state of South Dakota would constitute a felony or would be a crime involving moral turpitude.

The application shall also be accompanied by such other information as the board by its rules and regulations require.

In determining whether a South Dakota license should be issued to the applicant, the board shall take into consideration the nature, circumstances or results of any action for cancellation, suspension, revocation or refusal of the license.

Source: SDC Supp 1960, § 27.0307 as enacted by SL 1969, ch 105, § 2; SL 1973, ch 241, § 9.
S.D. Codified Laws § 36-29-18 — SD Code / Title 36 / Chapter 29 / Section 36-29-18
Grounds for license revocation, suspension, or cancellation
Status: in_force

The board may revoke, suspend, or cancel the license of an athletic trainer upon any one of these grounds:

(1) The athletic trainer is guilty of fraud in the practice of athletic training or fraud or deceit in the athletic trainer's admission to the practice of athletic training;

(2) The athletic trainer has been convicted of a felony during the past five years. The conviction of a felony is the conviction of any offense, which if committed within this state would constitute a felony under its laws;

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

(4) The athletic trainer is addicted to the habitual use of intoxicating liquors, narcotics, or stimulants to the extent as to incapacitate the athletic trainer from the performance of the athletic trainer's professional duties;

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

(6) The athletic trainer obtains or attempts to obtain a license or renewal thereof by bribery or fraudulent representation; or

(7) The athletic trainer has violated any provision of this chapter or the rules promulgated pursuant to this chapter.

Source: SL 1984, ch 255, § 18; SL 2009, ch 193, § 1; SL 2024, ch 162, § 11.
S.D. Codified Laws § 36-4-13 — SD Code / Title 36 / Chapter 4 / Section 36-4-13
Hospitals recognized for internship--Inspection by board
Status: in_force

"Hospital approved by the board" means a hospital approved by the Board of Examiners pursuant to § 36-4-22.1 , but a hospital shall not be denied approval without a hearing by the board in compliance with chapter 1-26 , and the board may for the purpose of such hearing inspect said hospital; provided such hearing and inspection shall be held within ninety days after a request therefor.

Source: SL 1949, ch 106, § 2; SDC Supp 1960, § 27.0302; SL 1973, ch 241, § 5.
S.D. Codified Laws § 36-5-6 — SD Code / Title 36 / Chapter 5 / Section 36-5-6
Acceptance of funds by the board--Separate fund--Payments from fund--Expense limited by revenue
Status: in_force

The board shall deposit all funds it receives or collects under the provisions of this chapter in the bank that is authorized by the board. The board may expend funds for administrative, consultative, and other necessary services for the board in an amount set by the board. The funds may be withdrawn by the executive director as authorized by the board. All compensation and other expenses of the board must be paid from the funds received under the provisions of this chapter. No expenses may be incurred by the board in excess of the board's revenue.

Source: SDC 1939, § 27.0504; SL 1939, ch 101, § 6; SDC Supp 1960, § 27.0506; SL 2021, ch 173, § 10.
S.D. Codified Laws § 36-24-1 — SD Code / Title 36 / Chapter 24 / Section 36-24-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Audiogram," a graphic summary of the measurements of hearing loss showing number of decibels loss at each frequency tested;

(2) "Audiologist," any person who is engaged in the practice of audiology and licensed pursuant to this chapter;

(3) "Audiology," the application of principles, methods, and procedures related to hearing and the disorders of hearing and to related language and speech disorders;

(4) "Auditory brain stem implant," a surgically implanted device that provides perception of sound via stimulation to the brainstem to a person who has significant sensorineural hearing loss in which stimulation at the auditory nerve is no longer a viable option;

(5) "Auditory osseointegrated device," a device, including surgical and non-surgical wearing options, that delivers sound to the inner ear by bypassing the outer and middle ear via bone conduction;

(6) "Board," the Board of Licensed Hearing Aid Dispensers and Audiologists;

(7) "Cochlear implant," a surgically implanted device that provides perception of sound via stimulation to the cochlea to a person who has sensorineural hearing loss and to whom benefits from a hearing aid are limited;

(8) "Disorders of human hearing, balance, and other neural systems," any condition or auditory sensitivity, acuity, function, or processing disorder, whether of organic or nonorganic origin, peripheral or central, that impedes the normal function of balance or normal process of human communication;

(9) "Dispense," any transfer of title, possession, or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with a distributor or dealer;

(10) "Hearing aid," a wearable instrument, device, or ear mold, and any of its parts, attachments, or accessories, designed for, offered for the purpose of, or represented as aiding a person with, or compensating for, impaired hearing. The term does not include:

(a) Batteries or cords; or

(b) Cochlear implants or cochlear prosthesis;

(11) "Licensed hearing aid dispenser," any person, other than an audiologist, who is engaged in the practice of hearing aid dispensing and who is licensed pursuant to this chapter; and

(12) "Provisional license," any license issued to a person who is training to be a licensed hearing aid dispenser and who is supervised by a person who holds a valid hearing aid dispensing license or audiology license.

Source: SL 1968, ch 118, § 2; SL 1997, ch 221, § 1; SL 2024, ch 159, § 1.
S.D. Codified Laws § 36-5-12 — SD Code / Title 36 / Chapter 5 / Section 36-5-12
Scope of examinations
Status: in_force

An applicant shall pass all parts of the National Board of Chiropractic Examiners exams that are available at the time of graduation.

Source: SDC 1939, § 27.0507; SL 1939, ch 101, § 3; SDC Supp 1960, § 27.0503; SL 1975, ch 232, § 8; SL 1986, ch 303; SL 1993, ch 274, § 3; SL 2021, ch 173, § 15.
S.D. Codified Laws § 36-35-3 — SD Code / Title 36 / Chapter 35 / Section 36-35-3
Resignation of board members--Effective date
Status: in_force

Any member of the board may resign by giving written notice to the board and to the Governor. Resignations are effective when delivered to the Governor and the board.

Source: SL 2005, ch 206, § 3.
S.D. Codified Laws § 36-15-33 — SD Code / Title 36 / Chapter 15 / Section 36-15-33
Student license application--Requirements and issuance of license--Withdrawal or transfer
Status: in_force

Any person entering or enrolling in a licensed school for education in the practice of cosmetology, nail technology, or esthetics shall apply to the commission for a student license within ten days after the date of enrollment. The applicant for a student license shall be at least seventeen years of age. The application shall contain the information required pursuant to § 36-15-15 and the name and location of the school being attended. Upon receipt of the application and the fee provided for in this chapter, the commission shall issue to the applicant a student license which entitles the student to complete the course of education in which the student is enrolled without additional license fees. If the student withdraws from the school or course in cosmetology, nail technology, or esthetics for which the fee was paid and later enrolls in the same or a different school or course, the student shall pay the student license fee again. If at any time a student transfers schools, the student shall submit an application, and pay the applicable license fee, for a student license.

Source: SDC 1939, § 27.1506 (1) as enacted by SL 1957, ch 118, § 1; SL 1965, ch 126, § 2; SL 1967, ch 105, § 1; SL 1972, ch 206, § 30; SL 1997, ch 218, § 13; SL 2003, ch 202, § 44; SL 2009, ch 182, § 6.