S.D. Codified Laws § 36-9-88 — SD Code / Title 36 / Chapter 9 / Section 36-9-88
Title used by clinical nurse specialist
Status: in_force

A person who holds a license to practice as a clinical nurse specialist in this state may use the title, clinical nurse specialist and the abbreviation, CNS, and the title, advanced practice registered nurse, and the abbreviation, APRN.

Source: SL 1995, ch 217, § 11; SL 2014, ch 180, § 13.
S.D. Codified Laws § 36-10B-14 — SD Code / Title 36 / Chapter 10B / Section 36-10B-14
Review of restriction on licensure
Status: in_force

At the request of the applicant, the board shall review the suspension, revocation, or restriction of a license against whom the disciplinary action was taken. The board may grant a license previously refused, restore a license that has been revoked, or reduce a period of suspension or restriction of a license for reasons found sufficient.

Source: SL 1996, ch 240, § 14.
S.D. Codified Laws § 36-11-37 — SD Code / Title 36 / Chapter 11 / Section 36-11-37
Change of pharmacist-in-charge--Form--Fee--Deadline--Void if late--Inventory
Status: in_force

A pharmacy owner may change the designation of the pharmacist-in-charge, provided an application for the change is made upon a form prescribed by the board and upon payment of a fifty dollar fee. The application must be filed with the board not more than ten days after the change of active management is made. If the application is received by the board after ten days, the pharmacy license is void, and the owner must reapply for the license.

When a change in the designation of a pharmacist-in-charge occurs, an on-hand inventory of controlled substances, as listed in chapter 34-20B , must be completed. The inventory must be taken on the date the new pharmacist-in-charge assumes active management of the pharmacy. The inventory list must be retained in the pharmacy for two years from the date of the inventory.

Source: SDC 1939, § 27.1015 as added by SL 1943, ch 105; SL 1953, ch 122; SL 1967, ch 102, § 15; SL 2025, ch 154, § 23; SL 2026, ch 158, § 6.
S.D. Codified Laws § 36-12-21 — SD Code / Title 36 / Chapter 12 / Section 36-12-21
Display of license and annual certificate in office
Status: in_force

No person shall practice veterinary medicine in the State of South Dakota without possessing and displaying prominently in his or her principal office a license and a current and valid certificate of registration issued pursuant to the provisions of this chapter.

Source: SDC 1939, § 40.0204; SL 1961, ch 201, § 12.
S.D. Codified Laws § 36-7-34 — SD Code / Title 36 / Chapter 7 / Section 36-7-34
Sale of contact lenses without prescription prohibited--Violation as misdemeanor
Status: in_force

No person may sell contact lenses without a valid prescription signed by a licensed optometrist or practitioner licensed pursuant to chapter 36-4 . For purposes of this section, the term, contact lenses, includes any contact lens, with or without visual correction. A violation of this section is a Class 1 misdemeanor.

Source: SL 2010, ch 189, § 1.
S.D. Codified Laws § 36-9-58.2 — SD Code / Title 36 / Chapter 9 / Section 36-9-58.2
Application by institution to provide educational program
Status: in_force

An institution desiring to conduct an approved program shall apply to the Board of Nursing and submit evidence that it is prepared to provide a program that will meet the approval of the board.

Source: SL 1955, ch 91, § 8; SDC Supp 1960, § 27.0908 (1); SL 1967, ch 101, § 8 (1); SDCL, § 36-9-62; SL 1976, ch 228, § 45; SL 1979, ch 255, § 52.
S.D. Codified Laws § 36-27A-19 — SD Code / Title 36 / Chapter 27A / Section 36-27A-19
Fee for application
Status: in_force

The application fee for a license to practice psychology shall be set by the Board of Examiners of Psychologists in rules promulgated pursuant to chapter 1-26 . The fee may not exceed three hundred dollars. The application fee includes the oral examination required by this chapter. The applicant shall pay fees for the written national examination and any reexamination directly to the national examination company.

Source: SL 1976, ch 235, § 21; SDCL Supp, § 36-27-23; SL 1981, ch 281, § 19; SL 1993, ch 297, § 1; SL 2008, ch 191, § 61.
S.D. Codified Laws § 36-14-27 — SD Code / Title 36 / Chapter 14 / Section 36-14-27
Barbershop license--Supervision by registered barber--Penalty--Application--Fee--Promulgation of rules
Status: in_force

It is a petty offense for any person to operate a barbershop unless the barbershop is licensed by the Board of Barber Examiners and is at all times under the direct supervision and management of a registered barber. Application for a license to operate a barbershop must be made, on forms prepared and furnished by the board, annually before June first. The board shall promulgate rules, in accordance with chapter 1-26 , to set a fee of not more than three hundred dollars annually for each barbershop, plus a fee of not more than twenty dollars for each chair in the barbershop.

Source: SDC 1939, § 27.1607; SL 1961, ch 132; SL 1976, ch 229, § 3; SL 1977, ch 190, § 177; SL 1979, ch 257, § 7; SL 1986, ch 302, § 19; SL 1995, ch 220, § 6; SL 2007, ch 216, § 2; SL 2025, ch 155, § 3, eff. Mar. 10, 2025.
S.D. Codified Laws § 36-19-44 — SD Code / Title 36 / Chapter 19 / Section 36-19-44
Student activities exempt
Status: in_force

This chapter does not apply to a student who is:

(1) Enrolled full-time in a program accredited by the American Board of Funeral Service Education; and

(2) Engaged in an activity that:

(a) Is part of a course of that program; and

(b) Is directly supervised by a funeral director licensed by the board.

A student may not hold oneself out as a funeral director and may only use a title that clearly indicates status as a student. The supervising funeral director is responsible for the activities performed by the student.

Source: SL 2025, ch 159, § 3.
S.D. Codified Laws § 36-21A-33 — SD Code / Title 36 / Chapter 21A / Section 36-21A-33
Denial of application--Reasons
Status: in_force

An application may be denied for any one of the following reasons:

(1) The applicant has written insufficient funds checks within the calendar year before application or has written an insufficient funds check for the application;

(2) The applicant has been convicted of a felony or of a misdemeanor involving moral turpitude. If the applicant is a firm, a license may be denied if any partner, associate, director, stockholder, officer, or responsible broker has been convicted of a felony or of a misdemeanor involving moral turpitude;

(3) The applicant has been disciplined by a regulatory agency in relation to activities as a real estate salesperson or broker, broker associate, firm, appraiser, mortgage broker, auctioneer, or any other regulated licensee, including insurance, securities, law, and commodities trading;

(4) The applicant has failed to satisfy the requirements as provided by this chapter;

(5) The applicant has failed the prelicense school examination;

(6) The applicant has not met education requirements;

(7) The applicant made deliberate misstatements, deliberate omissions, misrepresentations, or untruths in the application; or

(8) The applicant has a current and unpaid judgment filed against the applicant.

Source: SL 1992, ch 273, § 33; SL 1993, ch 290; SL 2011, ch 180, § 2; SL 2020, ch 162, § 2; SL 2023, ch 138, § 2.
S.D. Codified Laws § 36-15-2.3 — SD Code / Title 36 / Chapter 15 / Section 36-15-2.3
Application for esthetics examination--Information required
Status: in_force

Any person desiring to practice esthetics in this state as an esthetician shall apply to the commission to take the esthetics examination. The application shall:

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

(2) Contain proof that the applicant is enrolled in or has completed the required hours of education, as established by rules pursuant to § 36-15-13 , or equivalent credit hours in an approved and licensed cosmetology or esthetics school or in lieu of such education, is enrolled or has successfully completed a course of apprenticeship in a licensed cosmetology or esthetics salon as provided for in this chapter; and

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

Source: SL 2003, ch 202, § 22; SL 2005, ch 201, § 1; SL 2018, ch 233, § 1; SL 2021, ch 176, § 1.
S.D. Codified Laws § 36-5-2.1 — SD Code / Title 36 / Chapter 5 / Section 36-5-2.1
Injunction for violation authorized
Status: in_force

The board may commence an action for an injunction for a violation of this chapter or regulations promulgated hereunder.

Source: Code commission insertion in 1972 revision of volume to carry out directions in SL 1972, ch 15, § 4; SL 1975, ch 232, § 2; SL 2021, ch 173, § 3.
S.D. Codified Laws § 36-14-20 — SD Code / Title 36 / Chapter 14 / Section 36-14-20
Display of certificates
Status: in_force

Every holder of a certificate of registration shall display it in a conspicuous place adjacent to or near his work chair.

Source: SDC 1939, § 27.1614.
S.D. Codified Laws § 36-29-3 — SD Code / Title 36 / Chapter 29 / Section 36-29-3
Qualifications for license
Status: in_force

The board shall issue a license to practice athletic training to an individual who:

(1) Submits an application prescribed by the board;

(2) Submits an application fee in an amount established by the board; and

(3) Presents evidence satisfactory to the board that:

(a) The individual has completed all qualifications established by the Board of Certification for the Athletic Trainer and has passed a nationally accredited exam approved by the State Board of Medical and Osteopathic Examiners; or

(b) The individual is certified in good standing by the Board of Certification for the Athletic Trainer.

Source: SL 1984, ch 255, § 3; SL 2005, ch 204, § 1; SL 2024, ch 162, § 4.
S.D. Codified Laws § 36-11-19.8 — SD Code / Title 36 / Chapter 11 / Section 36-11-19.8
Recording patient information--Toll-free telephone service--Written information on new or changed prescriptions
Status: in_force

A nonresident pharmacy shall obtain, record, and maintain pertinent patient information. The pharmacy shall provide patients a written offer to consult and access to a toll - free telephone service to facilitate communications between the patient and the pharmacist at the pharmacy. The number of the toll - free telephone service shall be printed on a label affixed to each container of a prescription drug dispensed by the pharmacy to a patient. The toll - free telephone service shall be available for a minimum of six days a week and forty hours a week.

In addition, a nonresident pharmacy shall provide the patient written information about the medication on all new or changed prescriptions. The information shall include directions for storage and use, precautions and relevant warnings about drug interactions and common side effects, and directions for patient action if the patient misses a scheduled dose of the prescription.

Source: SL 1997, ch 217, § 7.
S.D. Codified Laws § 36-5-25 — SD Code / Title 36 / Chapter 5 / Section 36-5-25
Minimum educational and training requirements--Continuing education requirements
Status: in_force

The board may promulgate rules pursuant to chapter 1-26 to establish minimum educational and training requirements and continuing education requirements to practice as a chiropractic assistant. The board may also require, or substitute, clinical experience in addition to, or in lieu of, educational and training requirements.

Source: SL 2008, ch 192, § 3; SL 2021, ch 173, § 33.
S.D. Codified Laws § 36-21C-3 — SD Code / Title 36 / Chapter 21C / Section 36-21C-3
Home inspectors to be licensed or registered--Violation as misdemeanor
Status: in_force

No person may provide, or hold oneself out as able to provide, a home inspection for compensation unless registered or licensed in accordance with the provisions of this chapter. A violation of this section is a Class 1 misdemeanor.

Source: SL 2000, ch 194, § 3.
S.D. Codified Laws § 36-27A-34 — SD Code / Title 36 / Chapter 27A / Section 36-27A-34
Investigation and prosecution of violations
Status: in_force

The Board of Examiners of Psychologists shall investigate every alleged violation of this chapter pursuant to chapter 36-1C. The board may employ special counsel, subject to approval, supervision, control, and direction by the attorney general, to assist in the prosecution of violations of this chapter, and to spend the necessary funds for that purpose.

Source: SL 1976, ch 235, § 43; SDCL Supp, § 36-27-46; SL 1981, ch 281, § 35; SL 2021, ch 168, § 38.
S.D. Codified Laws § 36-10-35.1 — SD Code / Title 36 / Chapter 10 / Section 36-10-35.1
Physical therapist assistant--Licensure--Fee--Promulgation of rules
Status: in_force

A person seeking licensure as a physical therapist assistant shall:

(1) File an application with the State Board of Physical Therapy;

(2) Submit an application fee in an amount established by the board, in rule pursuant to chapter 1-26 , but not exceeding three hundred dollars;

(3) Present evidence satisfactory to the board that the applicant is of good moral, ethical, and professional character;

(4) Present evidence satisfactory to the board that the applicant has graduated from a physical therapist assistant education program accredited by an accrediting body recognized by the United States Department of Education or by the Commission on Recognition of Postsecondary Accreditation, or present evidence satisfactory to the board that:

(a) The applicant completed a course of professional instruction equivalent to a program accredited by an accrediting body recognized by the United States Department of Education or the Commission on Recognition of Postsecondary Education; and

(b) The applicant has passed an English proficiency examination approved by the board, or completed two years of secondary or postsecondary education in any educational institution in which the instruction is conducted in English; and

(5) Pass a national examination recognized by the board, with a grade acceptable to the board.

Source: SL 1978, ch 270, § 6; SL 1988, ch 300, § 5; SL 1996, ch 231, § 6; SL 2017, ch 173, § 9; SL 2023, ch 136, § 18; SL 2025, ch 152, § 3.
S.D. Codified Laws § 36-10-53 — SD Code / Title 36 / Chapter 10 / Section 36-10-53
State Board of Physical Therapy licensure fund--Continuous appropriation
Status: in_force

The State Board of Physical Therapy licensure fund is created in the state treasury. Any money received by the board under this chapter must be deposited in the fund. Money in the fund is continuously appropriated to the State Board of Physical Therapy for use in administering §§ 36-10-18 to 36-10-18 .9, inclusive; 36-10-25 ; 36-10-27 to 36-10-35.2 , inclusive; 36-10-35.8 to 36-10-43 , inclusive; 36-10-45 to 36-10-49 , inclusive; and 36-10-51 to 36-10-53 , inclusive. Any interest earned on money in the fund must be deposited in the fund.

Source: SL 2023, ch 136, § 34.
S.D. Codified Laws § 36-10-18.7 — SD Code / Title 36 / Chapter 10 / Section 36-10-18.7
State Board of Physical Therapy--Officers--Meetings
Status: in_force

Annually, the State Board of Physical Therapy shall elect one member to serve as the chair and one member to serve as the vice-chair. The annual meeting and any other meetings of the board must be at a time and place designated by the chair or by a majority of the members.

Source: SL 2023, ch 136, § 7.
S.D. Codified Laws § 36-15-51.1 — SD Code / Title 36 / Chapter 15 / Section 36-15-51.1
Changing location or ownership of salon or booth--New license required--Temporary permit authorized--Notice to commission
Status: in_force

The owner of a salon or booth shall apply to the commission for a new license pursuant to § 36-15-51 if:

(1) A salon or booth address is changed;

(2) Sole ownership is changed;

(3) A partnership has a change in any partner; or

(4) The controlling ownership in a corporation is transferred or a corporation is reorganized.

Source: SDC 1939, § 27.1512 as enacted by SL 1957, ch 118, § 1; SDCL § 36-15-51 ; SL 1972, ch 206, § 43; SL 1997, ch 218, § 23; SL 2003, ch 202, § 59; SL 2007, ch 217, § 8.
S.D. Codified Laws § 36-21A-129 — SD Code / Title 36 / Chapter 21A / Section 36-21A-129
Substantive contact defined
Status: in_force

For the purposes of this chapter, substantive contact is any performance beyond initial acts described in § 36-21A-128 and includes discussion of:

(1) Any specific financial qualifications of the buyer; or

(2) The selling or buying motives or objectives of the seller or buyer, in which the consumer may divulge any confidential personal or financial information, which if disclosed to the other party, could harm that party's bargaining position.

Source: SL 1998, ch 229, § 6.
S.D. Codified Laws § 36-16-27 — SD Code / Title 36 / Chapter 16 / Section 36-16-27
Electrical work to comply with rules--Wiring permit required before connection--Fees
Status: in_force

All electrical wiring, apparatus, or equipment shall comply with the rules promulgated and adopted by the State Electrical Commission. The rules shall conform to approved methods of construction and promote the safety of life and property. No new electrical service entrance except for communication service may be connected for use until a wiring permit has been furnished to the person, firm, or corporation supplying electrical energy certifying that a wiring permit has been obtained in compliance with the rules promulgated by the commission. No rule specifying a wiring permit fee may exceed fifteen dollars each. No rule specifying a late wiring permit procedure fee and failure to renew permit fees may exceed seven hundred fifty dollars. However, a wiring permit for emergency temporary service may be issued by the commission in accordance with its rules promulgated pursuant to chapter 1-26 .

Source: SL 1963, ch 216, § 5 (3); SL 1986, ch 315, § 11; SL 1994, ch 302, § 2; SL 1995, ch 221, § 2; SL 2009, ch 184, § 2.
S.D. Codified Laws § 36-5-17 — SD Code / Title 36 / Chapter 5 / Section 36-5-17
Appeal from board
Status: in_force

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

Source: SDC 1939, § 27.0509; SL 1939, ch 101, § 5; SDC Supp 1960, § 27.0505; revised pursuant to SL 1972, ch 15, § 4; SL 2021, ch 173, § 25.
S.D. Codified Laws § 36-14-3 — SD Code / Title 36 / Chapter 14 / Section 36-14-3
Quorum of board
Status: in_force

A majority of the Board of Barber Examiners, in meeting duly assembled, may perform and exercise all the duties and powers devolving upon the board.

Source: SDC 1939, § 27.1605; SL 1964, ch 88, § 1; SL 1968, ch 117, § 1.
S.D. Codified Laws § 36-26-16 — SD Code / Title 36 / Chapter 26 / Section 36-26-16
Qualifications for social work associate
Status: in_force

The board shall issue a license as a "social work associate" to an applicant who:

(1) Has a baccalaureate degree in a nonsocial work field or discipline or an associate of arts degree in the human services in a program approved by the board from a junior college, college, or university approved by the board or equivalent as determined by the board;

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

Source: SL 1975, ch 22, § 15.
S.D. Codified Laws § 36-28-15 — SD Code / Title 36 / Chapter 28 / Section 36-28-15
Initial fee for license
Status: in_force

Any person applying to be licensed as a nursing facility administrator shall pay a nonrefundable initial license fee in an amount set by rule promulgated by the board pursuant to chapter 1-26 , which may not exceed five hundred dollars. The initial license fee shall be prorated to the next biennial renewal date according to rule promulgated by the board pursuant to chapter 1-26 .

Source: SL 1969, ch 113, § 7; SDCL Supp, § 34-12A-15; SL 1986, ch 302, § 106; SL 2000, ch 199, § 3; SL 2008, ch 191, § 66; SL 2014, ch 186, § 11.
S.D. Codified Laws § 36-5-14 — SD Code / Title 36 / Chapter 5 / Section 36-5-14
Display of license
Status: in_force

A practitioner shall conspicuously display the practitioner's license to practice chiropractic at the office of the practitioner.

Source: SDC 1939, § 27.0507; SL 1939, ch 101, § 3; SDC Supp 1960, § 27.0503; SL 1998, ch 224, § 1; SL 2021, ch 173, § 17.
S.D. Codified Laws § 36-18A-71 — SD Code / Title 36 / Chapter 18A / Section 36-18A-71
Register of deeds not to record land survey documents which do not contain signature, seal and date
Status: in_force

No register of deeds of any county may file or record any map, plat, survey, or other technical submissions within the definition of land surveying which does not have impressed thereon and affixed thereto the personal signature, seal, and date of a land surveyor by whom or under whose responsible charge and direct personal supervision the map, plat, survey, or other technical submissions were prepared.

Source: SL 1999, ch 195, § 71.
S.D. Codified Laws § 36-2-9 — SD Code / Title 36 / Chapter 2 / Section 36-2-9
Consulting practitioners from other states exempt
Status: in_force

Nothing contained in this chapter shall be construed to apply to any licensed person practicing any of the healing arts outside of this state when in actual consultation with a licensed practitioner of the healing arts in this state.

Source: SL 1953, ch 130, § 3; SDC Supp 1960, § 27.0319 (4).
S.D. Codified Laws § 36-18A-54 — SD Code / Title 36 / Chapter 18A / Section 36-18A-54
Board inquiries and investigation of violations--Report and prosecution
Status: in_force

The board shall inquire into the identity of any person alleged to be engaging in the unlawful practice of engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation. The board shall investigate alleged violations of the provisions of this chapter, and report to the proper state's attorney or the attorney general any person or case that in the judgment of the board warrants prosecution. The attorney general or the several state's attorneys may prosecute violations of this chapter in the name or on behalf of the board.

Source: SL 1999, ch 195, § 54.
S.D. Codified Laws § 36-27A-22 — SD Code / Title 36 / Chapter 27A / Section 36-27A-22
Examinations--Time and place--Type
Status: in_force

The board shall hold examinations at least semiannually at a place designated by the board. The type of examinations, including a national standardized examination, required shall be determined by the board.

Source: SL 1976, ch 235, § 26; SDCL Supp, § 36-27-25; SL 1981, ch 281, § 22; SL 2008, ch 197, § 7.
S.D. Codified Laws § 36-10-27.1 — SD Code / Title 36 / Chapter 10 / Section 36-10-27.1
Criminal background check
Status: in_force

In addition to the requirements in §§ 36-10-27 and 36-10-35.1 , an applicant for licensure shall submit to the State Board of Physical Therapy a full set of the applicant’s fingerprints in a form and manner prescribed by the board. The board shall deliver the fingerprints to the Division of Criminal Investigation to conduct a state and federal criminal background check by the division and the Federal Bureau of Investigation. The applicant shall sign a release of information to the board and pay any fees for the background check, including fingerprinting.

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

The board may not disseminate an applicant’s criminal background information to any person outside the board.

The board may require any licensee who is the subject of a disciplinary investigation by the board to submit to a state and federal criminal background check.

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

Source: SL 2020, ch 157, § 2; SL 2023, ch 136, § 12.
S.D. Codified Laws § 36-9-58.4 — SD Code / Title 36 / Chapter 9 / Section 36-9-58.4
Denial of approval of educational program
Status: in_force

The Board of Nursing may, pursuant to chapter 1-26 , deny approval of any educational program for failure to meet prescribed curricula or standards.

Source: SL 1955, ch 91, § 3; SDC Supp 1960, § 27.0903 (3) (e); SL 1967, ch 101, § 3 (3) (e); SDCL, § 36-9-65 ; SL 1979, ch 255, § 54.
S.D. Codified Laws § 36-4-7 — SD Code / Title 36 / Chapter 4 / Section 36-4-7
Annual report to Governor
Status: in_force

The Board of Examiners shall make an annual report to the Governor.

Source: SL 1949, ch 106, § 1; SDC Supp 1960, § 27.0301; SL 1969, ch 105, § 1; revised pursuant to SL 1971, ch 10.
S.D. Codified Laws § 36-26-29 — SD Code / Title 36 / Chapter 26 / Section 36-26-29
Promulgation of rules by board
Status: in_force

The board may promulgate rules pursuant to chapter 1-26 that set standards for professional practice, establish the procedure for the licensure, eligibility, continuing education, supervision, and examination for certified social workers, social workers, and social work associates.

Source: SL 1975, ch 22, § 26; SL 1986, ch 302, § 61.
S.D. Codified Laws § 36-7-20 — SD Code / Title 36 / Chapter 7 / Section 36-7-20
Annual renewal of license--Revocation on default--Restoration of license
Status: in_force

Each optometrist licensed pursuant to this chapter shall apply, on a form approved by the board, for a renewal of the license. The renewal must be issued by the board upon payment of a fee set by the board by rule promulgated pursuant to chapter 1-26 , not to exceed three hundred dollars, and upon verification that the optometrist has met the requirements for continuing education as provided in § 36-7-20.2 . The renewal must be in the form of a receipt acknowledging payment of the required fee and signed by the secretary of the board.

Failure to renew the license on or before October first of each year constitutes a forfeiture of the optometrist's license. The license may be renewed at the discretion of the board upon application and payment of the fee required by § 36-7-11 , and a late fee set by the board by rules promulgated pursuant to chapter 1-26 , not to exceed one hundred dollars for each month the renewal is late.

Source: SDC 1939, § 27.0709; SL 1947, ch 122, § 3; SL 1951, ch 131, § 5; SL 1967, ch 99; SL 1973, ch 243, § 3; SL 1979, ch 252, § 2; SL 1985, ch 299, § 3; SL 1986, ch 302, § 68; SL 2022, ch 147, § 11.
S.D. Codified Laws § 36-34-13.2 — SD Code / Title 36 / Chapter 34 / Section 36-34-13.2
Disclosure of information--Felony or certain crimes--Conviction or plea--Grant of license notwithstanding
Status: in_force

Any applicant seeking recognition, certification, or licensure shall disclose to the board whether the applicant has been convicted of, plead guilty to, or plead no contest to any felony, to any crime involving or relating to the practice of counseling, or to any crime involving dishonesty or moral turpitude, in any state, federal, foreign jurisdiction, tribal, or military court. An applicant's failure to disclose this information may result in denial, revocation, suspension, or refusal of recognition, certification, or licensure.

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

Source: SL 2013, ch 183, § 10; SL 2023, ch 140, § 2.
S.D. Codified Laws § 36-20B-38 — SD Code / Title 36 / Chapter 20B / Section 36-20B-38
Holders of permits and licenses issued under prior law--Renewal
Status: in_force

Any person who, on July 1, 2002, holds any license or permit as a public accountant issued under prior law of this state may have the registration renewed upon fulfillment of the continuing professional education requirements for renewal of certificates provided in this chapter, and on the renewal cycle and payment of fees therein prescribed for renewal of certificates. Any registration not so renewed expires three years after July 1, 2002. Firms of public accountants holding permits to practice issued under prior law of this state may have their permits to practice renewed pursuant to the procedures, and subject to the requirements for renewal of permits to practice for firms of certified public accountants, provided in this chapter. So long as such public accountant licensees hold valid registrations and permits to practice, they may perform attest and compilation services to the same extent as holders of certificates, and other holders of permits, and in addition they may use the title, public accountants and PA, but no other title. The holder of a registration issued under this section may only perform attest services in a firm that holds a permit issued under this chapter.

Source: SL 2002, ch 179, § 39.
S.D. Codified Laws § 36-18A-45 — SD Code / Title 36 / Chapter 18A / Section 36-18A-45
Seal, signature, and date as certification that work done by licensee--Documents on which seal required
Status: in_force

The application of the licensee's seal and signature and the date constitutes certification that the work on which it was applied was done by the licensee or under the licensee's responsible charge. The seal, signature, and date shall be placed in such a manner that can be legibly reproduced on the following:

(1) All originals, copies, tracings, electronic submittals, or other reproductions of all final drawings, specifications, reports, plats, plans, land surveys, design information, and calculations prepared by the licensee or under the licensee's responsible charge when presented to a client or any public or governmental agency. A licensee may not review or check technical submissions of another licensed professional or unlicensed person and seal the documents as the licensee's own work;

(2) Preliminary work shall contain a note that the submittal is Not for Construction, Preliminary, or other such explanation that it is not final; and

(3) In the case of documents for projects which involve multiple licensees of more than one technical profession, the title or index sheet shall be sealed, signed, and dated by the prime professional in responsible charge of coordinating the various technical professions involved in the project. In addition, each sheet shall be sealed, signed, and dated by the licensee or licensees who prepared or who are in responsible charge of that sheet.

Source: SL 1999, ch 195, § 45; SL 2007, ch 219, § 14; SL 2016, ch 196, § 2.
S.D. Codified Laws § 36-11-46.3 — SD Code / Title 36 / Chapter 11 / Section 36-11-46.3
Notification to person receiving equivalent drug product or interchangeable biological product--Right of refusal
Status: in_force

The pharmacist or the pharmacist's agent shall inform the person receiving the drug or biological product pursuant to the prescription drug order of the selection of an equivalent drug product or interchangeable biological product and of the person's right to refuse the product selected. A pharmacist shall, upon request of the prescribing practitioner, provide information regarding substitutions of equivalent drug products.

Source: SL 1978, ch 271, § 5; SL 1990, ch 306, § 3; SL 1993, ch 277, § 4; SL 2018, ch 231, § 5.
S.D. Codified Laws § 36-4A-36 — SD Code / Title 36 / Chapter 4A / Section 36-4A-36
Collection and disposition of fees--Refunds not permitted
Status: in_force

All fees received by the board and moneys collected under the provisions of this chapter shall be deposited in a bank as authorized by the board. No fee may be refunded. The funds are subject to withdrawal as authorized by the board. A report of all receipts and expenditures shall be made at the close of each fiscal year and filed with the state auditor.

Source: SL 1973, ch 250, § 18; SL 2007, ch 207, § 24.
S.D. Codified Laws § 36-16-13.2 — SD Code / Title 36 / Chapter 16 / Section 36-16-13.2
Issuance of license to public entities
Status: in_force

The State Electrical Commission may issue a maintenance electrician's license to a public entity, firm, partnership or corporation. The maintenance electrician license shall be limited to electrical maintenance work, as defined by electrical commission rules, performed at the public entity, firm, partnership or corporation property. The license shall be issued according to rules adopted by the State Electrical Commission.

Source: SL 1986, ch 315, § 6.
S.D. Codified Laws § 36-12-23 — SD Code / Title 36 / Chapter 12 / Section 36-12-23
Statement preferring charges against licensee
Status: in_force

Any person may prefer charges as set forth in § 36-12-22 by filing with the Board of Veterinary Medical Examiners in writing a sworn statement setting forth the specific charges upon which complaint is made.

Source: SL 1961, ch 201, § 13; revised pursuant to SL 1972, ch 15, §§ 3, 4.
S.D. Codified Laws § 36-27A-6 — SD Code / Title 36 / Chapter 27A / Section 36-27A-6
Terms of board members
Status: in_force

Initial appointments to the Board of Examiners of Psychologists shall be for terms of one, two, and three years, respectively, with one member appointed for one year, two members appointed for two years and two members appointed for three years. Thereafter, appointments shall be for terms of three years, beginning on the thirty-first day of October. The appointee's term shall expire on October thirtieth in the third year of appointment.

Source: SL 1976, ch 235, §§ 4, 7; SDCL § 36-27-11; SL 1981, ch 281, § 6; SL 2012, ch 16, § 7.
S.D. Codified Laws § 36-15-46 — SD Code / Title 36 / Chapter 15 / Section 36-15-46
Textbooks and course of study for schools and apprenticeship training
Status: in_force

The commission may prescribe textbooks, educational material, and the general course of study required for schools and for salons having one or more apprentices. Such textbooks and educational material shall be furnished without charge for use by apprentices.

Source: SDC 1939, § 27.1507 (2) as enacted by SL 1957, ch 118, § 1; SL 1972, ch 206, § 36; SL 1997, ch 218, § 18; SL 2003, ch 202, § 52.
S.D. Codified Laws § 36-26-42 — SD Code / Title 36 / Chapter 26 / Section 36-26-42
Action to enjoin violations--Alternate to criminal proceedings--Election
Status: in_force

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

Source: SL 1975, ch 22, § 36.
S.D. Codified Laws § 36-10B-4 — SD Code / Title 36 / Chapter 10B / Section 36-10B-4
Nutrition and dietetics council--Appointment--Terms--Meetings--Duties--Board communication
Status: in_force

The board shall appoint a nutrition and dietetics council composed of five members. Each member must be a registered dietitian or licensed nutritionist. The term of office for each member is three years. No member may be appointed to more than three consecutive, full terms. If a vacancy occurs, the board must appoint a new member to fill the unexpired term. The appointment of a member to an unexpired term is not considered a full term.

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

The council shall:

(1) Assist the board in all matters related to the licensure, practice, education, continuing education, investigation, and discipline of dieticians and nutritionists;

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

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

The board shall communicate activity on all matters relating to dieticians and licensed nutritionists with the council.

Source: SL 1996, ch 240, § 4; SL 2005, ch 199, § 30; SL 2020, ch 167, § 6; SL 2024, ch 152, § 11.
S.D. Codified Laws § 36-2A-12 — SD Code / Title 36 / Chapter 2A / Section 36-2A-12
Confidentiality of participants' records
Status: in_force

All records of program participants are confidential and are not subject to discovery or subpoena. Only authorized program personnel may have access to participant records unless the participant voluntarily provides for written release of the information. A board may only have access to records of participants who were referred by the board, who refused to cooperate with the program, or who have been terminated by the program.

Source: SL 1996, ch 227, § 12; SL 2013, ch 171, § 12; SL 2021, ch 170, § 13.
S.D. Codified Laws § 36-12-14 — SD Code / Title 36 / Chapter 12 / Section 36-12-14
Issuance of licenses to qualified applicants
Status: in_force

Within a reasonable time after examining applicants for licensing under this chapter, the Board of Veterinary Medical Examiners shall issue licenses to all parties found duly qualified therefor and such licenses shall be signed by the president and secretary of the board.

Source: SDC 1939, § 40.0207; SL 1961, ch 201, § 8.
S.D. Codified Laws § 36-20B-64 — SD Code / Title 36 / Chapter 20B / Section 36-20B-64
Board may institute criminal proceedings--Violation of chapter as misdemeanor
Status: in_force

If, by reason of an investigation under this chapter or otherwise, the board has reason to believe that any person or firm has knowingly engaged in any act or practice that constitutes a violation of this chapter, the board may bring its information to the attention of the attorney general of any state or other appropriate law enforcement officer who may cause appropriate criminal proceedings to be brought thereon.

Any person or firm who knowingly violates any provision of this chapter is guilty of a Class 1 misdemeanor.

Source: SL 2002, ch 179, § 65.
S.D. Codified Laws § 36-10B-3 — SD Code / Title 36 / Chapter 10B / Section 36-10B-3
Board authority
Status: in_force

The board may:

(1) Examine qualified applicants for a license to practice nutrition and dietetics, issue licenses to applicants who meet the requirements established by this chapter, and renew licenses as recommended by the nutrition and dietetics council; and

(2) Adopt rules pursuant to chapter 1-26 , that set professional, practice, and ethical standards for licensed nutritionists.

Source: SL 1996, ch 240, § 3; SL 2024, ch 152, § 10.
S.D. Codified Laws § 36-10-41 — SD Code / Title 36 / Chapter 10 / Section 36-10-41
Action on license--Initiation of proceedings
Status: in_force

The State Board of Physical Therapy may initiate proceedings for the cancellation, revocation, or suspension of a license if the board has information that a person may be guilty of incompetence, or unprofessional or dishonorable conduct as provided in § 36-10-40 .

Source: SL 1972, ch 205, § 18; SL 2005, ch 199, § 29; SL 2023, ch 136, § 25.
S.D. Codified Laws § 36-11-23.3 — SD Code / Title 36 / Chapter 11 / Section 36-11-23.3
Continuing education required for relicensure
Status: in_force

As of October 1, 1980, no active pharmacist shall be eligible for relicensure in this state unless the pharmacist has met the continuing education requirements established by the State Board of Pharmacy.

Source: SL 1977, ch 296, § 2.
S.D. Codified Laws § 36-25-32 — SD Code / Title 36 / Chapter 25 / Section 36-25-32
Continuing education
Status: in_force

Each applicant for renewal of a plumbing contractor, plumber, restricted plumbing contractor, restricted plumber, or third year apprentice plumber licensed as an apprentice plumber by examination shall successfully complete a minimum of four hours of continuing education relating to the plumbing trade during the previous license period. An applicant for new licensure as a plumbing contractor or plumber by reciprocity shall successfully complete four hours of continuing education relating to the plumbing trade prior to license issuance.

Source: SL 2008, ch 196, § 1; SL 2022, ch 153, § 4.
S.D. Codified Laws § 36-38-12 — SD Code / Title 36 / Chapter 38 / Section 36-38-12
Grounds for denial, revocation, suspension, or cancellation of license
Status: in_force

The board may deny, revoke, suspend, or cancel any license or application for licensure to practice as a behavior analyst and may take other disciplinary or corrective action as the board deems appropriate upon any of the following grounds:

(1) The licensee or applicant is guilty of fraud in the practice of applied behavior analysis or fraud or deceit in the licensee's admission to practice applied behavior analysis;

(2) The licensee or applicant has been convicted of a felony or misdemeanor involving moral turpitude as defined in subdivision 22-1-2 (25) during the past five years;

(3) The licensee or applicant is or has been engaged in the practice of applied behavior analysis 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 licensee or applicant is addicted to the use of intoxicating liquors, narcotics, or stimulants to an extent as to incapacitate the licensee or applicant from the performance of the licensee's or applicant's professional duties;

(5) The physical or mental condition of the licensee or applicant is determined, by a competent medical examiner, to jeopardize or endanger a person who seeks relief of the licensee or applicant. A majority of the entire board may demand an examination of the licensee or applicant by a competent medical examiner selected by the board at the board's expense. If the licensee or applicant fails to submit to the examination, this constitutes immediate grounds for suspension of the licensee's license or denial of the application for licensure;

(6) The licensee or applicant for licensure has been found in violation of the code of ethics adopted by the board;

(7) The licensee or applicant has obtained or attempted to obtain a license, certificate, or renewal thereof by bribery or fraudulent representation;

(8) The licensee or applicant knowingly made a false statement in connection with any application required by this chapter;

(9) The licensee or applicant knowingly made a false statement on any form promulgated pursuant to this chapter;

(10) The licensee or applicant has violated any provision of this chapter or the rules promulgated under this chapter; or

(11) The licensee's or applicant's certificate, license, or permit has been cancelled, revoked, suspended, or rejected for renewal in any other state for any cause.

Source: SL 2016, ch 199, § 12.
S.D. Codified Laws § 36-20B-48 — SD Code / Title 36 / Chapter 20B / Section 36-20B-48
Presentation of evidence supporting complaint--Certain board members disqualified from decision-making--Board counsel--Record--Recorded vote of majority required to impose penalty
Status: in_force

The evidence supporting the complaint shall be presented by the investigating officer, by a board member designated for that purpose, or by counsel. A board member who presents the evidence, or who has conducted the investigation of the matter under this chapter, may not participate in the board's decision of the matter.

The board shall be advised by counsel, who may be the same counsel who presents or assists in presenting the evidence supporting the complaint.

A stenographic or electronic record may be made and filed with the board. A transcript need not be prepared unless review is sought or the board determines that there is other good cause for its preparation.

A recorded vote of a majority of all members of the board, other than members disqualified by reason of this section, is required to sustain any charge and to impose any penalty with respect thereto.

Source: SL 2002, ch 179, § 49.
S.D. Codified Laws § 36-14-11 — SD Code / Title 36 / Chapter 14 / Section 36-14-11
Certificate of registration required
Status: in_force

No person may practice barbering without having a certificate of registration issued by the Board of Barber Examiners.

Source: SDC 1939, § 27.1607; SL 1961, ch 132; SL 2017, ch 175, § 2.
S.D. Codified Laws § 36-35-6.1 — SD Code / Title 36 / Chapter 35 / Section 36-35-6.1
Powers of board
Status: in_force

The board may:

(1) Administer, coordinate, and enforce the provisions of this chapter;

(2) Evaluate the qualifications of applicants for licensure and permits and issue and renew licenses and permits;

(3) Maintain the names of persons that meet the qualifications for licensure;

(4) Conduct all disciplinary proceedings under this chapter;

(5) Maintain a record of each complaint received by the board;

(6) Establish standards for the safe and qualified practice of massage therapy;

(7) Report licensing actions and status to relevant state and federal governing bodies as may be required, or as the board deems appropriate; and

(8) Employ or contract with personnel and enter into contracts pursuant to law to carry out the board's responsibilities.

Source: SL 2016, ch 197, § 19.
S.D. Codified Laws § 36-6A-33 — SD Code / Title 36 / Chapter 6A / Section 36-6A-33
Persons excluded from unauthorized practice or prohibited services provisions
Status: in_force

The provisions of §§ 36-6A-30 and 36-6A-31 do not apply to:

(1) Any dentist licensed in another state making a clinical presentation sponsored by a board approved dental society or association or an American Dental Association Commission on Dental Accreditation accredited dental educational institution;

(2) Any person enrolled in any American Dental Association Commission on Dental Accreditation accredited dental or allied dental educational program or board approved dental assisting educational program who works within a formal educational facility or at a site remote from that educational facility under the supervision of a faculty member of that program who is appropriately credentialed or licensed in a state;

(3) Any dental instructor, whether full-time or part-time, while engaged in teaching activities while employed by or contracting with any dental or allied dental educational program accredited by the American Dental Association Commission on Dental Accreditation or any dental assisting instructor, whether full-time or part-time, while engaged in teaching activities while employed by or contracting with any board approved dental assisting educational program;

(4) Any person licensed or registered as a dentist, dental hygienist, or registered dental assistant in another state who renders emergency care or assistance at the scene of the emergency to any person so in need;

(5) Any dental hygienist or dental auxiliary who is acting in accordance with this chapter;

(6) Any service, other than service performed directly upon the person of a patient, of constructing, altering, repairing, or duplicating any denture, partial denture, crown, bridge, splint, orthodontic, prosthetic, or other dental appliance, if performed pursuant to an order from a dentist in accordance with § 36-6A-43 ;

(7) The practice of dentistry by any dentist in the discharge of the dentist's official duties in any branch of the armed services of the United States, the United States Public Health Service, or the United States Veterans Administration;

(8) The practice of dentistry by any licensed dentist of another state or country while appearing as a clinician under the auspices of an American Dental Association Commission on Dental Accreditation accredited dental school or college, or a board approved dental society, or a board approved dental study club composed of dentists;

(9) The practice of dentistry provided by a community-based primary health care delivery organization, which is operating as a community health center or migrant health center, receiving funding assistance under § 329 or 330 of the United States Public Health Service Act;

(10) The practice of dentistry provided by any mobile or portable dental unit operated by any nonprofit organization affiliated with a nonprofit dental service corporation organized pursuant to chapter 58-39 ;

(11) The practice of dentistry provided by any dental or allied dental educational program accredited by the American Dental Association Commission on Dental Accreditation and any dental assisting educational program approved by the board;

(12) The practice of dentistry provided by the state in any state owned and operated institution;

(13) The practice of dentistry provided by the federal government in any institution owned and operated by the federal government;

(14) Any person who ministers or treats the sick or suffering or who treats for the purpose of preventing sickness or suffering by mental or spiritual means exclusively; or

(15) The estate or agent for a deceased or substantially disabled dentist contracting with or employing a dentist to manage the deceased or substantially disabled dentist's practice for a period not to exceed twenty-four months following the date of death or substantial disability of the dentist, until the entity can be sold or closed.

Source: SL 1981, ch 275, § 13; SL 1992, ch 269, § 25; SL 2015, ch 199, § 36.
S.D. Codified Laws § 36-4C-8 — SD Code / Title 36 / Chapter 4C / Section 36-4C-8
Temporary permit
Status: in_force

The board may grant a temporary permit to practice respiratory care to a graduate respiratory care practitioner. The board may also grant a temporary permit to a student respiratory care practitioner, but the permit may only allow the student to perform those respiratory care services for which the student has successfully completed clinical competency evaluation. A temporary permit is nonrenewable and terminates three months from the date when the applicant becomes eligible to take the licensure examination required by § 36 - 4C-9 or upon the applicant's failure to pass the examination, whichever occurs first.

Source: SL 1993, ch 273, § 8; SL 2004, ch 245, § 6.
S.D. Codified Laws § 36-21A-114 — SD Code / Title 36 / Chapter 21A / Section 36-21A-114
Suspension of license when payment from fund authorized--Repayment to fund required for reinstatement
Status: in_force

If the commission pays from the fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license shall automatically be suspended upon the effective date of an order by the court authorizing payment from the fund. No licensee may be reinstated or issued a license until he has repaid in full the amount paid from the fund on his account plus interest thereon at the Category A rate of interest as established in § 54-3-16 . A discharge in bankruptcy does not relieve a person from the penalties and disabilities provided in this section.

Source: SL 1992, ch 273, § 114.
S.D. Codified Laws § 36-9A-26 — SD Code / Title 36 / Chapter 9A / Section 36-9A-26
Fees
Status: in_force

The board, in rules promulgated pursuant to chapter 1-26 , shall establish the following nonrefundable fees within the prescribed limits as follows:

(1) For initial licensure or endorsement from another state, not more than two hundred dollars;

(2) For biennial renewal of license, not more than one hundred fifty dollars;

(3) For reinstatement of a lapsed license, the current renewal fee and not more than one hundred dollars;

(4) For providing a transcript, not more than five dollars;

(5) For effecting a name change upon the records of the license holder, not more than twenty dollars;

(6) For issuing a duplicate license, not more than thirty dollars;

(7) For issuing a temporary permit, not more than fifty dollars;

(8) For placing a license on inactive status, not more than twenty dollars; and

(9) For endorsing to another state, territory, or foreign country, not more than thirty dollars.

Source: SL 1979, ch 256, § 30; SL 1982, ch 274, § 8; SL 1995, ch 218, § 18; SL 2003, ch 200, § 4; SL 2008, ch 191, § 22; SL 2017, ch 171, § 31.
S.D. Codified Laws § 36-6A-24 — SD Code / Title 36 / Chapter 6A / Section 36-6A-24
Summary suspension of license or registration--Grounds--Hearing--Appeal
Status: in_force

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

Source: SL 1981, ch 275, § 29; SL 1992, ch 269, § 58; SL 2015, ch 199, § 23.
S.D. Codified Laws § 36-9A-37 — SD Code / Title 36 / Chapter 9A / Section 36-9A-37
Prosecution of violations
Status: in_force

The board may prosecute all persons violating this chapter and may incur the necessary expenses.

Source: SL 1979, ch 256, § 27; SL 2017, ch 171, § 40.
S.D. Codified Laws § 36-10-18.9 — SD Code / Title 36 / Chapter 10 / Section 36-10-18.9
State Board of Physical Therapy--Board member immunity
Status: in_force

Each member of the State Board of Physical Therapy is immune from personal liability for any act or omission in the discharge of the member's responsibilities. The state shall hold the board, its members, and its agents harmless from all costs, damages, and attorney fees arising out of claims and suits against them, with respect to the discharge of their responsibilities.

Source: SL 2023, ch 136, § 9.
S.D. Codified Laws § 36-9-32 — SD Code / Title 36 / Chapter 9 / Section 36-9-32
Licensing of registered nurse from another state or country
Status: in_force

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

Source: SDC 1939, § 27.0904; SL 1947, ch 123, § 5; SL 1955, ch 91, § 4; SDC Supp 1960, § 27.0904 (2) (b); SL 1967, ch 101, § 4 (2) (b); SL 1976, ch 228, § 21; SL 1979, ch 255, § 24; SL 1986, ch 307, § 2; SL 2016, ch 194, § 19.
S.D. Codified Laws § 36-12-7 — SD Code / Title 36 / Chapter 12 / Section 36-12-7
Filling of vacancies on board
Status: in_force

If any vacancy occurs among the veterinarians on the State Board of Veterinary Medical Examiners due to resignation, death, removal from the state, or suspension as provided in this chapter, or for any other reason, the Governor shall fill such vacancy from the roster of licensed veterinarians within the state until the next succeeding October thirty-first. The appointee's term expires on October thirtieth in the third year of appointment.

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

Source: SL 1961, ch 201, § 4; revised pursuant to SL 1973, ch 2, § 58; SL 2012, ch 16, § 22; SL 2013, ch 176, § 15.
S.D. Codified Laws § 36-14-7 — SD Code / Title 36 / Chapter 14 / Section 36-14-7
Monthly deposit of money into treasury--Special account--Continuous appropriation--Limit on expense
Status: in_force

All money coming into the custody of the Board of Barber Examiners each calendar month shall be paid by the board to the state treasurer on or before the tenth day of next month. The state treasurer shall credit the money to the Board of Barber Examiners' account in the general fund, which account is hereby created. The money in the Board of Barber Examiners' account is hereby continuously appropriated to the board 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 board under the provisions of this chapter.

Source: SDC 1939, § 27.1605; SL 1964, ch 88, § 1; SL 1968, ch 117, § 1; SL 1979, ch 257, § 2.
S.D. Codified Laws § 36-26-34 — SD Code / Title 36 / Chapter 26 / Section 36-26-34
Quorum for proceedings on cancellation, revocation, suspension or reissuance of license--Majority vote required
Status: in_force

All proceedings relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license which has been canceled, revoked, or suspended shall only be held when a majority of the members of the board are present at such hearings. The decision of the Board of Examiners to suspend, revoke, or cancel a license requires a majority vote of all the board members.

Source: SL 1975, ch 22, §§ 31, 33.
S.D. Codified Laws § 36-38-7 — SD Code / Title 36 / Chapter 38 / Section 36-38-7
Qualifications for licensure
Status: in_force

The board may grant a license as a behavior analyst to an applicant who:

(1) Has earned a master's degree or a doctoral degree;

(2) Holds a current certification as a board certified behavior analyst by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization;

(3) Has not been convicted of a felony or a misdemeanor involving moral turpitude as defined in subdivision 22-1-2 (25) during the past five years; and

(4) Has submitted verification that the applicant is not subject to any disciplinary proceeding or pending complaint before any other licensing board unless the board considers such proceeding or complaint and agrees to licensure.

Source: SL 2016, ch 199, § 7.
S.D. Codified Laws § 36-10-52 — SD Code / Title 36 / Chapter 10 / Section 36-10-52
Dry needling authorized--Description--Promulgation of rules
Status: in_force

A physical therapist may perform dry needling, if the physical therapist has acquired the knowledge and skills required for the competent performance of dry needling by successfully completing a course of study in dry needling approved by the State Board of Physical Therapy, pursuant to rules promulgated in accordance with chapter 1-26 . The board may require a physical therapist who performs dry needling to provide proof of having completed an approved course of study in dry needling.

For purposes of this chapter, dry needling is a skilled technique, performed by a physical therapist, using filiform needles to penetrate the skin and underlying tissues, to affect change in body structures and physical function capability, for the evaluation and management of neuromusculoskeletal conditions, pain, movement impairments, and disability.

Source: SL 2018, ch 230, § 1; SL 2023, ch 136, § 33.
S.D. Codified Laws § 36-15-17.1 — SD Code / Title 36 / Chapter 15 / Section 36-15-17.1
Application for nail technician examination--Information required
Status: in_force

Any person desiring to practice nail technology in this state as a nail technician shall apply to the commission to take the nail technician examination. The application shall:

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

(2) Contain proof that the applicant is enrolled in or has completed four hundred hours of education or equivalent credit hours in an approved and licensed cosmetology or nail school or, in lieu of such education, is enrolled in or has successfully completed a course of apprenticeship in a licensed cosmetology salon or nail salon, as provided in § 36-15-45 ; and

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

Source: SL 1997, ch 218, § 4; SL 2003, ch 202, § 21; SL 2018, ch 233, § 3.
S.D. Codified Laws § 36-14-33 — SD Code / Title 36 / Chapter 14 / Section 36-14-33
Procedure for refusal, suspension, or revocation of certificate
Status: in_force

The Board of Barber Examiners shall not suspend or revoke, nor refuse to issue, or renew, any certificate of registration, except in compliance with chapter 1-26 .

Source: SDC 1939, § 27.1617; revised pursuant to SL 1972, ch 15, § 4.
S.D. Codified Laws § 36-4-43 — SD Code / Title 36 / Chapter 4 / Section 36-4-43
Peer review activities defined
Status: in_force

For the purposes of §§ 36-4-25 , 36-4-26.1 and 36-4-42 , peer review activity is the procedure by which peer review committees monitor, evaluate, and recommend actions to improve the delivery and quality of services within their respective facilities, agencies, and professions, including recommendations, consideration of recommendations, actions with regard to recommendations, and implementation of actions. Peer review activity and acts or proceedings undertaken or performed within the scope of the functions of a peer review committee include:

(1) Matters affecting membership of a health professional on the staff of a health care facility or agency;

(2) The grant, delineation, renewal, denial, modification, limitation, or suspension of clinical privileges to provide health care services at a licensed health care facility;

(3) Matters affecting employment and terms of employment of a health professional by a health maintenance organization, preferred provider organization, independent practice association, or any other organization of physicians formed pursuant to state or federal law;

(4) Matters affecting the membership and terms of membership in a health professional association, including decisions to suspend membership privileges, expel from membership, reprimand, or censure a member, or other disciplinary actions;

(5) Review and evaluation of qualifications, competency, character, experience, activities, conduct, or performance of any health professional, including the medical residents of health care facility; and

(6) Review of the quality, type, or necessity of services provided by one or more health professionals or medical residents, individually or as a statistically significant group, or both.

Source: SL 1998, ch 172, § 2.
S.D. Codified Laws § 36-21A-70 — SD Code / Title 36 / Chapter 21A / Section 36-21A-70
Revocation or suspension of firm license following discipline of responsible broker
Status: in_force

If the commission suspends, revokes, or takes any other action against a responsible broker, the action may apply to the responsible broker's firm and the firm license may be revoked, suspended, or otherwise disciplined. Each licensee shall terminate the licensee's relationship with the disciplined firm if the firm's license has been revoked or suspended.

Source: SL 1992, ch 273, § 70; SL 2011, ch 180, § 8.
S.D. Codified Laws § 36-12-21.5 — SD Code / Title 36 / Chapter 12 / Section 36-12-21.5
Annual renewal of technician's certificate--Fee--Default as forfeiture of certificate
Status: in_force

The registration certificate of a veterinary technician shall be renewed each year by procuring a renewal certificate from the board on or before the first day of July of each year. The fee for renewal of the certificate shall be set by the board, by rule, promulgated pursuant to chapter 1-26 , and may not exceed the sum of five dollars. Failure to renew a certificate on or before July first of each year constitutes a forfeiture of the registration certificate.

Source: SL 1973, ch 245, § 4; SL 1993, ch 280, § 6; SL 2008, ch 191, § 31.
S.D. Codified Laws § 36-6A-31 — SD Code / Title 36 / Chapter 6A / Section 36-6A-31
License required to practice dentistry--Exclusive responsibility of dentists
Status: in_force

Only a dentist licensed to practice under this chapter may practice as a dentist in this state, unless otherwise stated in this chapter. Dentists have the exclusive responsibility for:

(1) The diagnosis and treatment planning of conditions within the human oral cavity and its adjacent tissues and structures;

(2) The use of a dental degree, designation, card, device, directory, sign, or other media whereby the person represents himself or herself as being able to diagnose, treat, prescribe, or operate for any disease, pain, deformity, deficiency, injury, or physical condition of the human tooth, teeth, alveolar process, gums or jaw, or adjacent or associated tissues and structures;

(3) The prescribing of drugs which are administered to patients or prescribed to patients in connection with dental related ailments or conditions;

(4) The overall quality of patient care which is rendered or performed in the practice of dentistry, regardless of whether the care is rendered personally by a dentist, dental hygienist, or dental auxiliary;

(5) The supervision of dental hygienists and dental auxiliaries and authorization of procedures to be performed by dental hygienists and dental auxiliaries;

(6) The use of radiographic imaging for dental diagnostic purposes;

(7) The delegation of procedures to a dental hygienist under general supervision;

(8) Any other specific services within the scope of dental practice;

(9) The management, ownership, or operation of a business, corporation, organization, or entity through which dentistry, as defined in this chapter, is offered or provided to the public;

(10) The performance of any dental procedure or operation of any kind gratuitously, or for a fee, gift, compensation, or reward, paid or to be paid, either to the person providing the service or to another person or entity;

(11) Offering or undertaking, by any means or method, to diagnose, treat or remove stains or accretions from or change the color or appearance of human teeth;

(12) Performing any clinical procedure or operation included in the curricula of American Dental Association Commission on Dental Accreditation accredited dental schools or colleges; and

(13) Performing any irreversible dental procedure.

Source: SL 1981, ch 275, § 11; SL 1992, ch 269, § 23; SL 2005, ch 200, § 2; SL 2015, ch 199, § 30.
S.D. Codified Laws § 36-13-19 — SD Code / Title 36 / Chapter 13 / Section 36-13-19
Parties to action on abstracter's bond
Status: in_force

Any person damaged by or on account of any error, deficiency, or mistake in any abstract or certificate of title or continuation thereof, whether or not the original purchaser, owner, or holder of the abstract, may maintain an action upon the bond required by § 36-13-15 in the person's own name and also without the necessity of joining the State of South Dakota as a party.

Source: SDC 1939, § 1.0107; SL 2008, ch 195, § 24.
S.D. Codified Laws § 36-4B-20 — SD Code / Title 36 / Chapter 4B / Section 36-4B-20
Emergency medical services personnel--Healthcare facility policies
Status: in_force

If emergency medical services personnel render services in a hospital or other healthcare facility licensed pursuant to chapter 34-12 , they are subject to the policies and protocols of that hospital or facility.

Source: SL 1978, ch 269, § 20; SL 2024, ch 153, § 19.
S.D. Codified Laws § 36-21A-50 — SD Code / Title 36 / Chapter 21A / Section 36-21A-50
Conditions for issuing of license or reinstatement after revocation or suspension
Status: in_force

The commission may require a person whose license was revoked or suspended to meet and perform certain conditions before issuing or reinstating a license to that person. Such conditions may include the following:

(1) Restitution of moneys;

(2) Restitution of property;

(3) Periodic reports to the commission;

(4) Fines, costs, and monetary penalties.

Source: SL 1992, ch 273, § 50.
S.D. Codified Laws § 36-1D-4 — SD Code / Title 36 / Chapter 1D / Section 36-1D-4
Affected professions
Status: in_force

The provisions of this chapter apply to any of the following:

(1) Any occupation licensed pursuant to title 36;

(2) Water and wastewater operators licensed pursuant to chapter 34A-3 ;

(3) Teachers, administrators, and other educational professionals licensed pursuant to chapter 13-42 ; and

(4) Commercial pesticide applicators licensed pursuant to chapter 38-21 .

Source: SL 2021, ch 169, § 4; SL 2023, ch 133, § 4; SL 2025, ch 150, § 1, eff. Feb. 18, 2025.
S.D. Codified Laws § 36-9A-33 — SD Code / Title 36 / Chapter 9A / Section 36-9A-33
Appeal of revocation or suspension
Status: in_force

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

Source: SL 1979, ch 256, § 24.
S.D. Codified Laws § 36-4-25 — SD Code / Title 36 / Chapter 4 / Section 36-4-25
Immunity from liability for acts of members of professional committees or hospital officials
Status: in_force

There is no monetary liability on the part of, and no cause of action for damages may arise against, any member of a duly appointed peer review committee engaging in peer review activity comprised of physicians licensed to practice medicine or osteopathy under this chapter, or against any duly appointed consultant to a peer review committee or to the medical staff or the governing board of a licensed health care facility for any act or proceeding undertaken or performed within the scope of the functions of the committee, if the committee member or consultant acts without malice, has made a reasonable effort to obtain the facts of the matter under consideration, and acts in reasonable belief that the action taken is warranted by those facts. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation.

Source: SL 1966, ch 151; SL 1975, ch 231; SL 1985, ch 297, § 22; SL 1998, ch 172, § 3.
S.D. Codified Laws § 36-14-36 — SD Code / Title 36 / Chapter 14 / Section 36-14-36
Acts declared petty offenses
Status: in_force

The commission of any of the following acts is a petty offense:

(1) The practice of barbering without a certificate of registration;

(2) Permitting any person in one's employ, supervision, or control to practice as a barber, unless that person has a certificate of registration;

(3) Obtaining a certificate of registration by fraudulent misrepresentation;

(4) Failing to display the certificate of registration as required by this chapter;

(5) Using any room or place for barbering which is also used for residential or business purposes, unless a substantial partition of ceiling height separates the portion used for residential or business purposes. The practice of cosmetology or the sale of hair tonics, lotions, creams, cutlery, toilet articles, cigars, or tobacco, may not be construed to mean business purposes;

(6) Failing or refusing to use separate and clean towels for each person served or to discard or launder each towel after once being used; or

(7) Failing or refusing to supply clean hot and cold water in a quantity necessary to conduct any barbershop in a sanitary manner; failing or refusing to have water and sewerage connections with a water and sewage system, where the latter is available; or failing or refusing to maintain a receptacle for hot water of a capacity of less than five gallons.

Source: SDC 1939, § 27.1619; SL 1977, ch 190, § 178; SL 1979, ch 257, § 9; SL 2017, ch 175, § 14.
S.D. Codified Laws § 36-9-47 — SD Code / Title 36 / Chapter 9 / Section 36-9-47
Reinstatement of lapsed license
Status: in_force

Any licensee who allows a license to lapse by failure to renew the license as provided in § 36-9-45 may be reinstated by the board on satisfactory explanation for such failure to renew and payment of the required fee.

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; SL 1976, ch 228, § 34; SL 1979, ch 255, § 41; SL 2016, ch 194, § 27.
S.D. Codified Laws § 36-4-27 — SD Code / Title 36 / Chapter 4 / Section 36-4-27
Violation of chapter as misdemeanor
Status: in_force

Any person who falsely personates anyone licensed pursuant to this chapter is guilty of a Class 1 misdemeanor.

Source: SL 1949, ch 106, § 16; SDC Supp 1960, § 27.9943; SL 1977, ch 190, § 144; SL 1992, ch 158, § 73.
S.D. Codified Laws § 36-12-1 — SD Code / Title 36 / Chapter 12 / Section 36-12-1
Acts constituting practice of veterinary medicine
Status: in_force

Any person shall be deemed in the practice of veterinary medicine who represents himself as or is engaged in the practice of veterinary medicine in any of its branches either directly or indirectly, or uses any words, titles, or letters, to title so as to signify that he is a veterinarian, or who for a fee diagnoses, prescribes or administers any drug, medicine, appliance, application, or treatment of whatever nature, or performs a surgical operation or manipulation, or conducts any autopsy or biopsy, for the prevention, cure, or relief of a pain, deformity, wound, fracture, or bodily injury, or physical condition or disease of animals, and the term animals as used in this section shall mean all animals other than man, except that this section shall not be applicable to the advertising or the sale of foods and medicines used in commercial feeds for the prevention of livestock diseases.

Source: SDC 1939, § 40.0201; SL 1961, ch 201, § 16.
S.D. Codified Laws § 36-4C-11 — SD Code / Title 36 / Chapter 4C / Section 36-4C-11
Fee required for license or temporary permit
Status: in_force

The board shall issue a license or temporary permit to any applicant who meets the requirements of this chapter upon payment of the prescribed fee.

Source: SL 1993, ch 273, § 11.
S.D. Codified Laws § 36-9C-33 — SD Code / Title 36 / Chapter 9C / Section 36-9C-33
Informed consent document
Status: in_force

A certified professional midwife shall, at an initial consultation with a client, provide a copy of an informed consent document to be signed by the certified professional midwife and the client that discloses all of the following in writing:

(1) The name, address, telephone number, and license number of the certified professional midwife;

(2) The certified professional midwife's experience, qualifications, and training;

(3) The certified professional midwife's fees and method of billing;

(4) The right of a client to file a complaint with the board and the procedures for filing a complaint;

(5) If the certified professional midwife has malpractice liability insurance;

(6) A plan for consultation, referral, and transport for medical emergencies specific to each client, including identification of the closest hospital with an obstetrics department and the closest hospital with an emergency department;

(7) A list of antepartum, intrapartum, and postpartum conditions that would require consultation, transfer of care, or transport to a hospital;

(8) A statement indicating that the certified professional midwife will continue to care for a client until transfer of care has been completed including the transfer of all pertinent records including allergies, medications, and obstetric risk factors;

(9) The scope of care and services the certified professional midwife can provide to the client;

(10) A statement indicating that the client's records and any transaction with the certified professional midwife are confidential, unless required by the board for review;

(11) The right of a client to refuse service unless otherwise provided by law;

(12) The client's and certified professional midwife's signature and the date of signing; and

(13) A statement indicating that no other licensed health care provider or hospital or agent thereof is liable for injury resulting from an act or omission by the certified professional midwife, even if the health care provider has consulted or accepted a referral from the certified professional midwife.

Source: SL 2017, ch 172, § 33.
S.D. Codified Laws § 36-21A-60 — SD Code / Title 36 / Chapter 21A / Section 36-21A-60
Additional fees
Status: in_force

Fees include the following:

(1) Certificate of licensee, a fee not to exceed fifteen dollars;

(2) For each additional office or place of business, a biennial fee not to exceed thirty dollars;

(3) For each change of office or place of business, a fee not to exceed fifteen dollars;

(4) For each statement of registration of change of association, a fee not to exceed fifteen dollars; and

(5) For each duplicate license, if the original license is lost or destroyed and affidavit made thereof, a fee not to exceed fifteen dollars.

Fees shall be set by the commission by rules promulgated pursuant to chapter 1-26 .

Source: SL 1992, ch 273, § 60; SL 2008, ch 191, § 45.
S.D. Codified Laws § 36-4-12.4 — SD Code / Title 36 / Chapter 4 / Section 36-4-12.4
Information furnished by approved colleges
Status: in_force

The Board of Medical and Osteopathic Examiners shall review its written list of approved medical and osteopathic colleges on or before the first day of July each year. The board may require any college on its approved list to submit, in writing, additional information requested by the board.

Source: SL 1985, ch 297, § 11.
S.D. Codified Laws § 36-11-9 — SD Code / Title 36 / Chapter 11 / Section 36-11-9
Annual report to Governor--Contents
Status: in_force

The Board of Pharmacy shall report annually to the Governor as provided by law for state officers and boards.

Source: SL 1967, ch 102, § 5; revised pursuant to SL 1971, ch 10; SL 2005, ch 199, § 34.
S.D. Codified Laws § 36-37-17 — SD Code / Title 36 / Chapter 37 / Section 36-37-17
Speech language pathologist--Provisional licenses--Promulgation of rules
Status: in_force

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

(1) Except for the postgraduate professional experience, meets the academic, practicum, and examination requirements of this chapter;

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

(3) Pays the application fee established by the board for a provisional license, in accordance with § 36-37-12 ; and

(4) Has not committed any act for which disciplinary action is justified.

A person holding a provisional license may practice speech-language pathology only while working under the supervision of a speech-language pathologist who is licensed in accordance with § 36-37-14 , 36-37-15 , or 36-37-16 . The board shall promulgate rules, in accordance with chapter 1-26 , to establish the term for a provisional license and the conditions for its renewal.

Source: SL 2012, ch 196, § 17; SL 2023, ch 141, § 11.
S.D. Codified Laws § 36-37-21 — SD Code / Title 36 / Chapter 37 / Section 36-37-21
Disciplinary actions
Status: in_force

The board may impose any of the following disciplinary actions on a speech-language pathologist or a speech-language-pathology assistant after formal or informal disciplinary action:

(1) Refuse to renew a license;

(2) Issue a letter of reprimand or concern;

(3) Impose probationary conditions;

(4) Require reimbursement to the board for costs of the investigation and proceeding;

(5) Suspend or revoke a license;

(6) Impose practice or supervision requirements, or both; or

(7) Require attendance at continuing education programs specified by the board as to content and hours.

Source: SL 2012, ch 196, § 21; SL 2023, ch 141, § 16.
S.D. Codified Laws § 36-28-7 — SD Code / Title 36 / Chapter 28 / Section 36-28-7
Injunction to prevent violation
Status: in_force

The board may commence an action for an injunction for a violation of this chapter or regulation promulgated pursuant to this chapter.

Source: SDCL Supp, § 34-12A-5.1, created as new section to carry out directions to the Code Commission contained in SL 1972, ch 15, § 4; SL 2014, ch 186, § 6.
S.D. Codified Laws § 36-8-19 — SD Code / Title 36 / Chapter 8 / Section 36-8-19
Appeal from Board of Examiners
Status: in_force

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

Source: SDC 1939, § 27.0808; SL 1959, ch 131, § 9; revised pursuant to SL 1972, ch 15, § 4.
S.D. Codified Laws § 36-20B-32.2 — SD Code / Title 36 / Chapter 20B / Section 36-20B-32.2
Out-of-state firms performing services for in-state clients
Status: in_force

A firm which does not have an office in this state may perform services described in subdivision 36-20B-1(5) or subdivision 36-20B-2(2) for a client residing in or having a home office in this state and may use the title CPAs, CPA firm, PAs, or PA firm without a permit issued under this chapter only if:

(1) The firm has the qualifications described in §§ 36-20B-33 and 36-20B-36 ; and

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

Source: SL 2009, ch 185, § 6.
S.D. Codified Laws § 36-7-17.1 — SD Code / Title 36 / Chapter 7 / Section 36-7-17.1
Certain healing arts practitioners to participate in alternate health care delivery systems
Status: in_force

Any licensed optometrist 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 § 36-18A-44 — SD Code / Title 36 / Chapter 18A / Section 36-18A-44
Seal of licensees--Contents--Signature--Certain persons prohibited from using seal
Status: in_force

Any licensed professional engineer, architect, land surveyor, and landscape architect shall use an appropriate seal. The seal shall contain the following information:

(1) The name, South Dakota;

(2) Licensee's name;

(3) License number; and

(4) The appropriate title or combination of titles: Professional Engineer, Architect, Land Surveyor, Landscape Architect.

The seal shall be legible and shall have an outer circle with a diameter measuring at least one inch and no greater than two inches and an inner circle with a diameter measuring five-eighths of the diameter of the outer circle. Titles may be prefixed with the words, Licensed or Registered. The seal may be an embossed seal, a rubber stamp, a computer-generated seal, or other facsimile found acceptable to the board. The licensee's signature and the date shall be adjacent to or across the seal. Petroleum release assessors and remediators, or interns, may not use a seal.

Source: SL 1999, ch 195, § 44; SL 2007, ch 219, § 13; SL 2016, ch 196, § 1.
S.D. Codified Laws § 36-38-15 — SD Code / Title 36 / Chapter 38 / Section 36-38-15
Administrative procedure for cancellation or revocation of license
Status: in_force

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

Source: SL 2016, ch 199, § 15.
S.D. Codified Laws § 36-11-50 — SD Code / Title 36 / Chapter 11 / Section 36-11-50
Appeal from cancellation of pharmacy permit
Status: in_force

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

Source: SDC 1939, § 27.1016; SL 1967, ch 102, § 16; revised pursuant to SL 1972, ch 15, § 4.
S.D. Codified Laws § 36-11-23.4 — SD Code / Title 36 / Chapter 11 / Section 36-11-23.4
Advisory council on continuing education
Status: in_force

There is hereby established an advisory council to the State Board of Pharmacy consisting of two pharmacists appointed by the State Board of Pharmacy, two pharmacists appointed by the state college of pharmacy and four pharmacists appointed by the South Dakota Pharmacists Association who shall serve without compensation and whose duties shall be to advise the State Board of Pharmacy in the establishment and accreditation of programs of continuing education.

Source: SL 1977, ch 296, § 4.
S.D. Codified Laws § 36-9A-1 — SD Code / Title 36 / Chapter 9A / Section 36-9A-1
Definition of terms
Status: in_force

Terms as used in this chapter mean:

(1) "Approved program," an educational program of study which meets the requirements established by this chapter and by the board;

(2) "Board," the South Dakota Board of Nursing;

(3) "License," the written authorization by the board required to practice the specialties of certified nurse practitioner or certified nurse midwife;

(4) "Certified nurse midwife," a provider duly authorized under this chapter to practice the nursing specialty of nurse midwifery as defined in § 36-9A-13 ;

(5) "Certified nurse practitioner," a provider duly authorized under this chapter to practice the specialty of nurse practitioner as defined in § 36-9A-12 ;

(6) "Collaboration," the act of communicating pertinent information or consulting with a licensed physician or other licensed health care provider with each provider contributing the provider's respective expertise to optimize the overall care delivered to the patient;

(7) "Advanced practice registered nurse," or "APRN," a person licensed by the board in the role of a certified nurse practitioner or a certified nurse midwife;

(8) A collaborative agreement, as used in this chapter, means a written mutual agreement between a licensee who has not met the required one thousand forty practice hours and a physician, licensed pursuant to SDCL 36-4 , or a certified nurse practitioner or certified nurse midwife licensed under this chapter.

Source: SL 1979, ch 256, § 1; SL 1995, ch 218, § 1; SL 1999, ch 192, § 11; SL 2014, ch 180, § 14; SL 2017, ch 171, § 1.
S.D. Codified Laws § 36-19-12.1 — SD Code / Title 36 / Chapter 19 / Section 36-19-12.1
State Board of Funeral Service--Promulgation of rules
Status: in_force

The board shall promulgate rules, in accordance with chapter 1-26 , to:

(1) Administer, coordinate, and enforce this chapter;

(2) Establish requirements for license application and renewal;

(3) Establish standards of professional conduct;

(4) Establish standards for the operation of a funeral establishment;

(5) Establish fees for licensure application and licensure renewal, as provided for in §§ 36-19-25 and 36-19-27 ; and

(6) Establish the qualifications, supervision requirements, duration, and other requirements for trainees and traineeships.

Source: SL 2023, ch 137, § 8; SL 2025, ch 159, § 1.
S.D. Codified Laws § 36-11A-30 — SD Code / Title 36 / Chapter 11A / Section 36-11A-30
Criminal record check
Status: in_force

The board may require the applicant to submit the fingerprints provided by a person with a license application for a statewide criminal record check and for forwarding to the Federal Bureau of Investigation for a national criminal record check of the person.

Source: SL 2007, ch 215, § 12.
S.D. Codified Laws § 36-35-12 — SD Code / Title 36 / Chapter 35 / Section 36-35-12
Application for license--Qualifications--Appeal of denial
Status: in_force

The board shall issue a license to engage in the practice of massage to any person who submits an application form and the nonrefundable application fee as approved in § 36-35-17 and who demonstrates the following qualifications:

(1) Eighteen years of age or older;

(2) Completion of no less than five hundred hours of training or study in the practice of massage with a facility or instructor recognized by the board;

(3) Absence of unprofessional conduct;

(4) Professional liability insurance coverage pursuant to § 36-35-21 ; and

(5) Passing score on a nationally recognized competency examination approved by the board in rules promulgated pursuant to chapter 1-26 .

The board may refuse to grant a license to any person based on failure to demonstrate the requirements of this section. The board may grant a license, subdivision 36-35-13(1) notwithstanding, if the applicant has been convicted of, or pled guilty to a felony, any crime involving or relating to the practice of massage, or any crime involving dishonesty or moral turpitude and the board determines that the plea or conviction is of a nature or is sufficiently remote in time that the applicant does not constitute a risk to public safety. An applicant may appeal the denial of a license in compliance with chapter 1-26 .

Source: SL 2005, ch 206, § 12; SL 2007, ch 223, § 1; SL 2013, ch 184, § 5; SL 2015, ch 201, § 1.
S.D. Codified Laws § 36-4A-50 — SD Code / Title 36 / Chapter 4A / Section 36-4A-50
Payment for services
Status: in_force

A physician assistant may bill for and receive direct payment for any medically necessary service delivered.

Source: SL 2025, ch 149, § 19.
S.D. Codified Laws § 36-37-9 — SD Code / Title 36 / Chapter 37 / Section 36-37-9
Terms of board members--Vacancy--Removal
Status: in_force

Each appointment to the board is for a period of three years. Each member shall serve until the expiration of the term for which the member has been appointed or until the member's successor is appointed and qualified to serve on the board. If a vacancy occurs other than by expiration of a term, the Governor shall appoint a qualified person to fill the vacancy for the unexpired term. No member may serve more than three consecutive three-year terms.

The Governor may remove any member of the board for unprofessional conduct, incompetence, or neglect of duty.

Source: SL 2012, ch 196, § 9; SL 2023, ch 141, § 7.
S.D. Codified Laws § 36-15-2 — SD Code / Title 36 / Chapter 15 / Section 36-15-2
License required to practice cosmetology--Acts constituting practice of cosmetology
Status: in_force

No person may engage in the practice of cosmetology unless the person is licensed by the commission. A person is engaged in the practice of cosmetology if that person, for compensation, a fee, or any valuable consideration, engages in any of the following practices with hands, chemicals, or any mechanical or electrical apparatus or appliance for beautifying or cosmetic purposes:

(1) Hair care by styling, wrapping, arranging, braiding, twisting, weaving, extending, fusing, dressing, curling, waving, permanent waving, singeing, cleansing, shampooing, cutting, bleaching, setting, coloring, straightening, relaxing, fitting, massaging, or similar work upon the hair, scalp, wigs, or hairpieces of a person;

(2) Nail technology;

(3) Esthetics; or

(4) Removal of superfluous hair by nonpermanent means.

Source: SDC 1939, § 27.1502; SL 1957, ch 118, § 1; SL 1965, ch 124; SL 1977, ch 190, § 179B; SL 1984, ch 252; SL 1999, ch 194, § 1; SL 2003, ch 202, § 2.
S.D. Codified Laws § 36-24-1.7 — SD Code / Title 36 / Chapter 24 / Section 36-24-1.7
Scope of hearing aid dispensing
Status: in_force

The scope of practice of licensed hearing aid dispensing involves:

(1) The evaluation or measurement of hearing in a patient eighteen years or older, by means of an audiometer, for the sole purpose of determining whether a hearing loss will be sufficiently improved by the use of a hearing aid or other hearing instrument to justify prescribing and selling the hearing aid or instrument, and whether that hearing aid or instrument will be in the best interest of the patient;

(2) The prescribing and fitting of an appropriate hearing aid or other hearing instrument based on a patient’s hearing loss, ear anatomy, and physical considerations;

(3) The removal of cerumen only as needed when cerumen is impeding the fitting, verification, or function of a hearing aid or other hearing instrument;

(4) The making of impressions or earmolds for the fitting of a hearing aid or other hearing instrument or hearing protection;

(5) The sale and professional placement of the hearing aid or other hearing instrument on a patient;

(6) Intervention necessary to ensure the optimum improvement in hearing ability when utilizing a hearing aid or other hearing instrument;

(7) The education of a patient on the use and care of the hearing aid or other hearing instrument; and

(8) Referring a patient to an appropriate medical professional for any ear-related condition that is observed beyond recognized sensorineural hearing loss.

Source: SL 2024, ch 159, § 3.
S.D. Codified Laws § 36-1C-11 — SD Code / Title 36 / Chapter 1C / Section 36-1C-11
Board or commission member disqualified
Status: in_force

If an alleged violation against an applicant or licensee is filed by a member of the agency's board or commission, or if a member of the agency's board or commission participates in the investigation of a violation by an applicant or licensee, that agency's board or commission member is disqualified from participating in the final decision rendered by the agency board or commission.

Source: SL 2021, ch 168, § 11.
S.D. Codified Laws § 36-26-19 — SD Code / Title 36 / Chapter 26 / Section 36-26-19
Application fees
Status: in_force

The fees to be paid by an applicant to determine fitness to receive a license to practice social work shall be set by the board.

The fees shall be set in rules promulgated pursuant to chapter 1-26 in the following areas: for a biennial application, for reciprocity without examination, for the biennial renewal of a license, for examination or reexamination, for a temporary license, for a duplicate license, and for a late fee assessed after a license forfeiture. No fee may exceed three hundred dollars.

Source: SL 1975, ch 22, § 18; SL 1986, ch 302, § 60; SL 1994, ch 309, § 2; SL 2008, ch 191, § 60.
S.D. Codified Laws § 36-13-12 — SD Code / Title 36 / Chapter 13 / Section 36-13-12
Scope of examination for certificate of registration
Status: in_force

At the time and place fixed pursuant to § 36-13-11 , the board shall proceed to examine the applicant under such rules as the board may promulgate with reference to the laws of this state affecting titles of property, the recording laws, and the common practices, proceedings, and mechanics of compiling abstracts of title, the take-off and abstracting of records, elements of instruments of title essential to an abstract, showing their legal effect, and such similar requirements of education and experience as may be reasonably necessary to carry on the work of abstracting in an accurate, efficient, and reliable manner.

Source: SDC 1939, § 1.0105; SL 1986, ch 302, § 41; SL 2008, ch 195, § 17.
S.D. Codified Laws § 36-9-9 — SD Code / Title 36 / Chapter 9 / Section 36-9-9
Terms of office of board members--Appointment
Status: in_force

The term of office for each member of the board is three years and expires on October thirtieth. Each member shall serve until a successor has been appointed and qualified. No member may be appointed to more than three consecutive full terms. However, appointment of a person to an unexpired term is not considered a full term for this purpose.

At the expiration of a term, or if a vacancy occurs, the Governor shall appoint a new board member. The Governor may stagger terms to enable the board to have different terms expire each year.

The appointee's term expires on October thirtieth in the third year of appointment.

Source: SDC 1939, § 27.0901; SL 1947, ch 123, § 2; SL 1949, ch 109, § 2; SDC Supp 1960, § 27.0903 (1); SL 1967, ch 101, § 3 (1); SL 1976, ch 228, § 11; SL 1981, ch 277, § 2; SL 1986, ch 307, § 12; SL 1994, ch 297, § 2; SL 2005, ch 199, § 21; SL 2012, ch 16, § 16; SL 2013, ch 176, § 10; SL 2016, ch 194, § 9.
S.D. Codified Laws § 36-9A-19 — SD Code / Title 36 / Chapter 9A / Section 36-9A-19
Hospital services--Rules and regulations
Status: in_force

If a certified nurse practitioner or certified nurse midwife renders services in a hospital or a related institution licensed pursuant to chapter 34-12 , the certified nurse practitioner or certified nurse midwife is subject to the rules and regulations of that hospital or related institution.

Source: SL 1979, ch 256, § 11; SL 2017, ch 171, § 24.
S.D. Codified Laws § 36-18A-27 — SD Code / Title 36 / Chapter 18A / Section 36-18A-27
Architect licensure qualifications--Certification by National Council of Architectural Registration Boards in lieu of qualifications--Board to establish criteria
Status: in_force

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

(1) Graduation with an accredited professional degree in architecture;

(2) Completion of the national architectural intern development program; and

(3) Successful completion of examinations.

The board may qualify an applicant who holds a certification issued by the National Council of 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, § 27.
S.D. Codified Laws § 36-18A-41 — SD Code / Title 36 / Chapter 18A / Section 36-18A-41
Advance notice by board of expiration of license, professional development requirements, and fees
Status: in_force

The board shall notify by mail any person licensed under this chapter of the date of expiration of the license, the requirement of professional development hours, and the amount of the fee required for renewal. The notice shall be mailed to the last known address of the licensee at least one month in advance of the date of expiration of the license. A licensee shall notify the board of any address changes.

Source: SL 1999, ch 195, § 41.
S.D. Codified Laws § 36-37-24 — SD Code / Title 36 / Chapter 37 / Section 36-37-24
Disciplinary hearing--Procedure--Appeal
Status: in_force

The board may take disciplinary action or suspend, revoke, or reissue a license only after a hearing conducted by a hearing examiner appointed by the board or by a majority of the members of the board.

Any disciplinary proceeding or proceeding relative to the revocation or suspension of a license or certification must otherwise conform to the procedure set forth in chapter 1-26 and chapter 36-1C .

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

Source: SL 2012, ch 196, § 24; SL 2023, ch 141, § 18.
S.D. Codified Laws § 36-15-19.1 — SD Code / Title 36 / Chapter 15 / Section 36-15-19.1
Cosmetologist's examination--Issuance of license--Annual expiration and renewal
Status: in_force

Each applicant for a cosmetologist license who has complied with § 36-15-17 , shall take the prescribed examination in the practice of cosmetology. The commission shall determine the contents of the examination. Upon successful completion of the required education, passing the examination to the satisfaction of the commission and the receipt of the fee required in this chapter, the applicant shall be licensed as a cosmetologist in the practice of cosmetology. Any cosmetologist license issued by the commission pursuant to this chapter expires annually on a date set by the commission in rules promulgated pursuant to chapter 1-26 , and is renewable annually.

Source: SDC 1939, § 27.1508; SL 1947, ch 125, § 2; SL 1957, ch 118, § 1; SDC Supp 1960, § 27.1508 (3); SL 1965, ch 128; SL 1967, ch 105, § 3; SDCL § 36-15-17 ; SL 1972, ch 206, § 18; SL 2003, ch 202, § 24; SL 2018, ch 233, § 4.
S.D. Codified Laws § 36-20B-54 — SD Code / Title 36 / Chapter 20B / Section 36-20B-54
Certain services restricted to licensees and individuals granted practice privileges--Exceptions--Standards
Status: in_force

No person other than a licensee or an individual granted practice privileges under the provisions of § 36-20B-66 or 36-20B-67 may issue a report on financial statements of any person, firm, organization, or governmental unit or offer to render or render any attest or compilation service. This restriction does not prohibit any act of a public official or public employee in the performance of that person's duties as such, or prohibit the performance by any nonlicensee of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports thereon. A nonlicensee may prepare financial statements and issue nonattest transmittals or information thereon which do not purport to be in compliance with the Statements on Standards for Accounting and Review Services (SSARS).

A licensee and an individual granted practice privileges under the provisions of § 36-20B-66 or 36-20B-67 performing attest or compilation services shall provide those services in accordance with professional standards.

Source: SL 2002, ch 179, § 55; SL 2009, ch 185, § 19.
S.D. Codified Laws § 36-28-10 — SD Code / Title 36 / Chapter 28 / Section 36-28-10
Adoption of rules by board to develop, impose, and enforce licensing standards
Status: in_force

The board shall adopt rules pursuant to chapter 1-26 to develop, impose, and enforce standards which shall be met by persons in order to receive a license as a nursing facility administrator. The standards shall ensure that nursing facility administrators are persons who, by training and experience in the field of institutional administration, are qualified to serve as nursing facility administrators.

Source: SL 1969, ch 113, § 11 (1); SDCL Supp, § 34-12A-9; SL 1996, ch 239, § 2; SL 2000, ch 199, § 2.
S.D. Codified Laws § 36-36-1 — SD Code / Title 36 / Chapter 36 / Section 36-36-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "ABGC," the American Board of Genetic Counseling;

(2) "ABMGG," the American Board of Medical Genetics and Genomics;

(3) "ACGC," the Accreditation Council for Genetic Counseling;

(4) "Board," The South Dakota Board of Medical and Osteopathic Examiners;

(5) "Genetic counselor," a person licensed under this chapter to engage in the practice of genetic counseling;

(6) "Referral," a written or telecommunicated authorization for genetic counseling services from a licensed physician or a licensed certified nurse midwife, licensed certified nurse practitioner, licensed clinical nurse specialist, or a licensed physician assistant, who has an agreement and signed protocols with a licensed physician who authorizes referrals to a genetic counselor; and

(7) "Supervision," the ongoing direct clinical review, for the purposes of training or teaching, by a supervisor approved by the board who monitors the performance or a person's supervised interaction with a client and provides regular documented face-to-face consultation, guidance, and instructions with respect to the clinical skills and competencies of the person supervised. This supervision may be by personal contact or indirect contact by telecommunication.

Source: SL 2009, ch 194, § 1; SL 2016, ch 198, § 1.
S.D. Codified Laws § 36-4A-1.2 — SD Code / Title 36 / Chapter 4A / Section 36-4A-1.2
Collaborative agreement--When not required--Documentation at board request
Status: in_force

A physician assistant may practice without a collaborative agreement if the physician assistant:

(1) Is certified by the National Commission on Certification of Physician Assistants; and

(2) Files an affidavit with the board attesting to the completion of at least six thousand practice hours.

The physician assistant shall provide documentation of national certification and the successful completion of the six thousand practice hours to the board, upon request.

Source: SL 2025, ch 149, § 3.
S.D. Codified Laws § 36-11A-34 — SD Code / Title 36 / Chapter 11A / Section 36-11A-34
Returns or exchanges of prescription drugs
Status: in_force

A wholesale distributor shall receive prescription drug returns or exchanges from a pharmacy or chain pharmacy warehouse pursuant to the terms and conditions of the agreement between the wholesale distributor and the pharmacy or chain pharmacy warehouse. Returns of expired, damaged, recalled, or otherwise nonsaleable pharmaceutical products shall be distributed by the receiving wholesale distributor only to either the original manufacturer or a third party returns processor. Wholesale distributors and pharmacies shall be held accountable for administering their returns process and ensuring that the aspects of this operation are secure and do not permit the entry of adulterated and counterfeit product.

Source: SL 2007, ch 215, § 16; SL 2017, ch 174, § 19; SL 2021, ch 175, § 7.
S.D. Codified Laws § 36-12-8 — SD Code / Title 36 / Chapter 12 / Section 36-12-8
Annual meeting and election of officers
Status: in_force

The State Board of Veterinary Medical Examiners shall by rule provide for an annual meeting. At such meeting the board shall elect a president, vice - president, and secretary, who shall have the duties hereinafter set forth in this chapter.

Source: SL 1961, ch 201, §§ 5, 15; SL 1975, ch 237, § 1; SL 1989, ch 326, § 1.
S.D. Codified Laws § 36-15-15 — SD Code / Title 36 / Chapter 15 / Section 36-15-15
Application for license or permit--Evidence of qualifications
Status: in_force

An applicant for any license or permit shall first submit evidence, satisfactory to the commission that the applicant:

(1) Is at least eighteen years of age or older, except as otherwise provided in this chapter; and

(2) Has complied with all the rules adopted by the commission as to the qualifications, standards, and requirements required for the license and application.

Source: SDC 1939, §§ 27.1503, 27.1508; SL 1947, ch 125, § 2; SL 1957, ch 118, § 1; SDC Supp 1960, § 27.1508 (3); SL 1965, ch 128; SL 1967, ch 105, § 3; SDCL, §§ 36-15-15, 36-15-17; SL 1972, ch 206, § 15; SL 2003, ch 202, § 18; SL 2020, ch 168, § 10.
S.D. Codified Laws § 36-14-31 — SD Code / Title 36 / Chapter 14 / Section 36-14-31
Mobile shop license fee--Annual inspection--Place of operation
Status: in_force

The operator of a mobile barbershop shall pay a license fee required by § 36-14-27 annually for each mobile shop operated. Such mobile barbershop after original inspection pursuant to § 36-14-28 shall be inspected annually by the State Board of Barber Examiners. No mobile barbershop may be operated in a municipality or unincorporated town in which there is a licensed barbershop.

Source: SDC 1939, § 27.1607 as added by SL 1964, ch 88, § 6; SL 1979, ch 257, § 8.
S.D. Codified Laws § 36-8-13 — SD Code / Title 36 / Chapter 8 / Section 36-8-13
Display of licenses
Status: in_force

All licenses and renewal certificates for the practice of podiatry shall be conspicuously displayed at the office of the practitioner.

Source: SDC 1939, § 27.0807; SL 1959, ch 131, § 8; SL 1998, ch 224, § 2.
S.D. Codified Laws § 36-31A-10 — SD Code / Title 36 / Chapter 31A / Section 36-31A-10
Data system
Status: in_force

A. The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.

B. A member state shall submit to the data system a uniform data set on all individuals to whom this compact is applicable, utilizing a unique identifier as required by the rules of the commission, including:

1. Identifying information;

2. Licensure data;

3. Adverse actions against a license or compact privilege;

4. Non-confidential information related to alternative program participation;

5. Any denial of application for licensure, and the reason for the denial;

6. Other information that may facilitate the administration of this compact, as determined by the rules of the commission; and

7. Current significant investigative information.

C. Current significant investigative information and other investigative information pertaining to a licensee in any member state is available only to other member states.

D. The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state is available to any other member state.

E. A member state contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

F. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information must be removed from the data system.

Source: SL 2023, ch 139, § 10.
S.D. Codified Laws § 36-25-15 — SD Code / Title 36 / Chapter 25 / Section 36-25-15
Plumbing standards--Promulgation of rules--Accord with Uniform Plumbing Code
Status: in_force

The commission shall promulgate rules, in accordance with chapter 1-26 , to adopt and publish minimum standards for the design, construction, installation, improvement, extension, and alteration of materials, piping, venting, fixtures, appliances, and appurtenances in relation to plumbing and plumbing systems. All plumbing and plumbing systems must be designed, constructed, installed, improved, extended, and altered in substantial accord with the requirements of the 2024 Uniform Plumbing Code, International Association of Plumbing and Mechanical Officials, (January 1, 2024) and any amendments or revisions, as adopted by the commission, pursuant to chapter 1-26 , to protect the health, life, safety, and welfare of persons and property in this state.

Source: SL 1970, ch 222, § 3 (2); SL 1972, ch 15, § 4; SL 1977, ch 304, § 1; SL 1993, ch 295; SL 1994, ch 308; SL 1996, ch 237; SL 2003, ch 208, § 1; SL 2010, ch 194, § 1; SL 2016, ch 192, § 1; SL 2025, ch 162, § 1.
S.D. Codified Laws § 36-38-24 — SD Code / Title 36 / Chapter 38 / Section 36-38-24
Confidentiality of consultation with behavior analyst
Status: in_force

The relations and communications between a licensed behavior analyst and a person consulting a licensed behavior analyst in the person's professional capacity are confidential. Nothing in this chapter may be construed to require the person's confidential communications to be disclosed.

Source: SL 2016, ch 199, § 24.
S.D. Codified Laws § 36-38-4 — SD Code / Title 36 / Chapter 38 / Section 36-38-4
Applied behavior analyst advisory committee--Appointment--Terms--Duties
Status: in_force

The Governor shall appoint an applied behavior analyst advisory committee composed of three members. Two of the members shall be behavior analysts licensed under this chapter and the other member shall represent the public and be unaffiliated with the profession.

Each committee member shall serve a term of three years. The terms of the initial appointees shall be staggered so that no more than one member's term expires in any one year. No committee member may be appointed to more than three consecutive full terms. If a vacancy occurs, the Governor shall appoint a person to fill the unexpired term. The appointment of a member to an unexpired term is not considered a full term. The committee shall meet at least annually or as necessary to conduct business. The committee shall assist the board in the regulation of behavior analysts pursuant to this chapter. The committee shall also make recommendations to the board regarding rules promulgated pursuant to this chapter.

The term of a member begins on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The term of a member expires on October thirtieth in the third year of appointment. The committee shall meet the requirements of chapter 1-25 regarding open meetings.

Source: SL 2016, ch 199, § 4; SL 2020, ch 167, § 10.
S.D. Codified Laws § 36-31-25 — SD Code / Title 36 / Chapter 31 / Section 36-31-25
Limit on board expenditures
Status: in_force

The total expense incurred by the Board of Medical and Osteopathic Examiners may not exceed the total money collected by the board under the provisions of this chapter.

Source: SL 1986, ch 323, § 25.
S.D. Codified Laws § 36-4A-20.1 — SD Code / Title 36 / Chapter 4A / Section 36-4A-20.1
Abortion
Status: in_force

Nothing in this chapter authorizes a physician assistant to effectuate an abortion.

Source: SL 2000, ch 189, § 1; SL 2025, ch 149, § 10.
S.D. Codified Laws § 36-35-18.1 — SD Code / Title 36 / Chapter 35 / Section 36-35-18.1
Inactive status
Status: in_force

The board may place a massage therapy license on inactive status upon submission of an application and payment of the application fee.

Source: SL 2007, ch 223, § 5; SL 2016, ch 197, § 14.
S.D. Codified Laws § 36-18A-49 — SD Code / Title 36 / Chapter 18A / Section 36-18A-49
Application for certificate of authorization--Contents
Status: in_force

A business entity or office desiring a certificate of authorization or renewal shall file a written application with the board which shall contain the following:

(1) The names, license numbers, and profession of all employees or sole proprietors of the business entity or office who are duly licensed to practice engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation in this state and who are or will be in responsible charge of any professional services in this state by the business entity or office;

(2) A statement from the business entity that the board office will be notified in writing within thirty days after the effective date of any change;

(3) A statement by a licensed person who works for the business entity or office that the business entity or office will not permit the performance of any professional service, as defined in this chapter, by any person of the business entity or office unless the person is licensed under this chapter; and

(4) All other information the board may deem necessary as promulgated by rule pursuant to chapter 1-26 .

Source: SL 1999, ch 195, § 49; SL 2007, ch 219, § 18.
S.D. Codified Laws § 36-6A-44 — SD Code / Title 36 / Chapter 6A / Section 36-6A-44
Criteria for license to practice dentistry
Status: in_force

Any person desiring to practice as a dentist may obtain a license to practice as a dentist if the applicant satisfies each of the following criteria:

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

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

(3) The applicant has graduated from an American Dental Association Commission on Dental Accreditation accredited United States dental school, having obtained a doctor of dental medicine or a doctor of dental surgery degree;

(4) Within five years preceding the date of application, the applicant has passed a clinical regional or national examination approved by the board or a state examination or examinations that the board deems equivalent;

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

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

(7) The applicant provides references that indicate the applicant is of good moral character

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

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

Source: SDC 1939, § 27.0606; SL 1965, ch 119; SL 1967, ch 97; SL 1971, ch 213, § 20; SL 1981, ch 275, § 15; SL 1992, ch 269, § 33; SL 2015, ch 199, § 48.
S.D. Codified Laws § 36-11A-41 — SD Code / Title 36 / Chapter 11A / Section 36-11A-41
Confirmation of receipt of transaction information, transaction history, and transaction statement
Status: in_force

Each trading partner who is engaged in the wholesale distribution of a prescription drug including repackagers, but excluding a third-party logistics provider and the original manufacturer of the finished form of the prescription drug, who is provided transaction information, transaction history, and a transaction statement for a prescription drug and attempts to further distribute that prescription drug, shall, before any distribution of a prescription drug occurs, confirm that it has received the transaction information, transaction history, and transaction statement.

Source: SL 2007, ch 215, § 23; SL 2017, ch 174, § 23.
S.D. Codified Laws § 36-11-46.1 — SD Code / Title 36 / Chapter 11 / Section 36-11-46.1
Dispensing equivalent drug products
Status: in_force

A pharmacist dispensing a prescription drug order for a drug product prescribed by its brand name may select any equivalent drug product, if the manufacturer or distributor of the equivalent drug product holds, if applicable, either an approved new drug application or an approved abbreviated new drug application, unless other approval by law or from the Federal Food and Drug Administration is required.

Source: SL 1978, ch 271, § 3; SL 1993, ch 277, § 2.
S.D. Codified Laws § 36-9A-40 — SD Code / Title 36 / Chapter 9A / Section 36-9A-40
Injunction an alternative to criminal proceedings
Status: in_force

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

Source: SL 1979, ch 256, § 29; SL 2017, ch 171, § 43.
S.D. Codified Laws § 36-31A-11 — SD Code / Title 36 / Chapter 31A / Section 36-31A-11
Rulemaking authority--Member state rejection--Procedure--Notice and public comment--Hearing
Status: in_force

A. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted by the commission. Rules and amendments become binding as of the date specified in each rule or amendment.

B. The commission shall promulgate rules to effectively and efficiently achieve the purposes of the compact. If the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted under the compact, such an action by the commission is invalid and has no force and effect.

C. If a majority of the member state legislatures rejects a rule, by enactment of a statute or resolution, in the same manner used to adopt the compact, within four years of the date the rule is adopted, the rule has no further force and effect in any member state.

D. A rule or an amendment to a rule must be adopted at a regular or special meeting of the commission.

E. Prior to the promulgation and adoption of a final rule by the commission, and at least thirty days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:

1. On the commission's website or on another publicly accessible platform; and

2. On the website of each member state's occupational therapy licensing board, on another publicly accessible platform, or in the publication that each state uses to publish proposed rules.

F. The notice of proposed rulemaking must include:

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

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

3. A request for comments on the proposed rule; and

4. The manner in which interested individuals may submit notice to the commission of their intention to attend the public hearing and offer written comments.

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

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

1. At least twenty-five persons;

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

3. An association or organization having at least twenty-five members.

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

1. Any person wishing to be heard at the hearing shall notify the executive director of the commission or another designated member, in writing, of the desire to appear and testify at the hearing, not less than five business days before the scheduled date of the hearing.

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

3. All hearings must be recorded. A copy of the recording must be made available upon request.

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

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

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

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

M. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures set forth in the compact and in this section must be retroactively applied to the rule as soon as reasonably possible, but no later than ninety days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

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

2. Prevent a loss of commission or member state funds;

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

4. Protect public health and safety.

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

Source: SL 2023, ch 139, § 11.
S.D. Codified Laws § 36-27A-13 — SD Code / Title 36 / Chapter 27A / Section 36-27A-13
Exemption from doctoral degree requirement
Status: in_force

An applicant for licensure as a psychologist is exempt from the requirement of a doctoral degree in a program in psychology as listed in § 36-27A-12 if, for one year immediately preceding January 1, 1982, he has formally and consistently represented himself to the public as a psychologist, has a master's degree in psychology or primarily psychological in nature, and has spent the majority of his working hours in the practice of psychology, and if the Board of Examiners of Psychologists receives the application for licensure on or before January 1, 1982.

Source: SL 1981, ch 281, § 13.
S.D. Codified Laws § 36-11-35 — SD Code / Title 36 / Chapter 11 / Section 36-11-35
Pharmacy license--Expiration date--Renewal--Reinstatement--Fees--Promulgation of rules--Transfer with new owner
Status: in_force

Each pharmacy license expires on June thirtieth following the date of issuance. To renew a pharmacy license, the owner must submit a renewal application on or before June thirtieth on a form prescribed by the board, and pay the renewal fee set by the board in rules promulgated in accordance with chapter 1-26 , but not exceeding two hundred dollars. If the renewal application and fee is submitted after the expiration of the license, the board must assess a fifty-dollar late fee and may reinstate the license.

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

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

(2) Pay the renewal fee established by the board as provided in this section.

Source: SDC 1939, § 27.1015; SL 1943, ch 105; SL 1953, ch 122; SL 1967, ch 102, § 15; SL 2025, ch 154, § 21; SL 2026, ch 158, § 5.
S.D. Codified Laws § 36-29-19 — SD Code / Title 36 / Chapter 29 / Section 36-29-19
Initiation of proceedings to cancel, suspend, or revoke license
Status: in_force

The proceedings for cancellation, revocation, or suspension of a license may be initiated when the Board of Medical and Osteopathic Examiners has written information that any person may have been guilty of any misconduct pursuant to § 36-29-18 or is guilty of incompetence or unprofessional or dishonorable conduct.

Source: SL 1984, ch 255, § 19; SL 2005, ch 199, § 69.
S.D. Codified Laws § 36-18A-24 — SD Code / Title 36 / Chapter 18A / Section 36-18A-24
Record and report policy
Status: in_force

The board shall maintain the following record and report policy:

(1) A record of its proceedings and all current applications of licensure shall be retained;

(2) The record of the board shall be prima facie evidence of the proceedings of the board, and a transcript thereof, duly certified by the executive director of the board, shall be admissible as evidence with the same force and effect as if the original were produced; and

(3) The following are of a confidential nature and are not public records: examination scores, examination material, examination problem solutions, letters of inquiry and references concerning applicants, board inquiry forms concerning applicants and licensees, and investigation files if any investigation is still pending.

Source: SL 1999, ch 195, § 24.
S.D. Codified Laws § 36-38-9 — SD Code / Title 36 / Chapter 38 / Section 36-38-9
Application for license
Status: in_force

In applying for licensing, an applicant shall apply on a form prescribed by the board. The application shall be witnessed and notarized by a notary public. The license fee shall accompany the application. The application and all supporting evidence shall be public record as provided in chapter 1-27 .

Source: SL 2016, ch 199, § 9.
S.D. Codified Laws § 36-11A-6 — SD Code / Title 36 / Chapter 11A / Section 36-11A-6
Drug sample or drug coupon--Sale, purchase, trade or counterfeit prohibited--Distribution restricted--Penalty
Status: in_force

No person may sell, purchase, or trade a prescription drug sample or offer to sell, purchase, or trade a drug sample or a drug coupon. No person may counterfeit such a coupon. No person may distribute drug samples except as provided in § 503(d) of the Federal Food, Drug and Cosmetic Act, as amended through January 1, 1991.

Any person who violates this section is guilty of a Class 1 misdemeanor for the first conviction and a Class 6 felony for any subsequent conviction.

Source: SL 1991, ch 307, §§ 6, 20.
S.D. Codified Laws § 36-5-13 — SD Code / Title 36 / Chapter 5 / Section 36-5-13
License without examination on certification from another state or national board--Fee
Status: in_force

Any person licensed to practice chiropractic under the laws of any other state having equivalent requirements of this chapter or licensed by the National Board of Chiropractic Examiners may be issued a license to practice chiropractic in this state without examination, upon payment of the fee pursuant to § 36-5-11 .

Source: SDC 1939, § 27.0508; SL 1939, ch 101, § 4; SDC Supp 1960, § 27.0504; SL 1975, ch 232, § 9; SL 1981, ch 274, § 2; SL 1986, ch 302, § 52; SL 2002, ch 177, § 2; SL 2008, ch 191, § 10; SL 2021, ch 173, § 16.
S.D. Codified Laws § 36-9C-12 — SD Code / Title 36 / Chapter 9C / Section 36-9C-12
Criminal background check
Status: in_force

Each applicant for licensure as a certified professional midwife or certified professional midwife student 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 before permanent licensure of the applicant. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation.

Source: SL 2017, ch 172, § 12.
S.D. Codified Laws § 36-20B-14 — SD Code / Title 36 / Chapter 20B / Section 36-20B-14
Good moral character defined
Status: in_force

Good moral character for purposes of § 36-20B-13 means lack of a history of dishonest or felonious acts. The board may refuse to grant a certificate on the ground of failure to satisfy this requirement only if there is a substantial connection between the lack of good moral character of the applicant and the professional responsibilities of a licensee and if the finding by the board or lack of good moral character is supported by clear and convincing evidence. If an applicant is found to be unqualified for a certificate because of a lack of good moral character, the board shall furnish the applicant a statement containing the findings of the board, a complete record of the evidence upon which the determination was based, and a notice of the applicant's right of appeal.

Source: SL 2002, ch 179, § 15.
S.D. Codified Laws § 36-21A-132 — SD Code / Title 36 / Chapter 21A / Section 36-21A-132
Duties and obligations of licensee representing seller or landlord
Status: in_force

Any licensee representing a seller or landlord has the following duties and obligations:

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

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

(3) To promote the interest of the client with the utmost good faith, loyalty, and fidelity, including:

(a) Seeking a price and terms which are acceptable to the client. However, the licensee is not obligated to seek additional offers to purchase the property while the property is subject to a contract for sale or to seek additional offers to lease the property while the property is subject to a lease or letter of intent to lease;

(b) Presenting all written offers to and from the client in a timely manner regardless of whether the property is subject to a contract for sale or lease or a letter of intent to lease;

(c) Disclosing to the client all adverse material facts actually known by the licensee; and

(d) Advising 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;

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

(5) 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, § 9.
S.D. Codified Laws § 36-21C-5 — SD Code / Title 36 / Chapter 21C / Section 36-21C-5
Application for registration--Requirements
Status: in_force

An applicant for registration 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) Successful completion of an approved course of study of not less than forty hours, as prescribed by the commission in rules promulgated pursuant to chapter 1-26 ; and

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

Source: SL 2000, ch 194, § 5.
S.D. Codified Laws § 36-5-3 — SD Code / Title 36 / Chapter 5 / Section 36-5-3
Composition of board--Appointment and terms--Vacancies
Status: in_force

The Governor shall appoint all members of the board. The board shall be composed of one lay person, who is not licensed by the board but uses the services licensed, and four members who are chiropractors in active practice in the state. The term of a member begins on January first, unless otherwise designated by the Governor. The term of a member expires on December thirty-first in the third year of the member's appointment. No member may serve more than three consecutive full terms. The Governor shall, by appointment, fill any vacancy occurring in the board. The appointment to an unexpired term is not considered a full term. The Governor may stagger terms to enable the board to have different terms expire each year.

Source: SDC 1939, § 27.0502; SL 1939, ch 101, § 1; SDC Supp 1960, § 27.0501; SL 1975, ch 232, § 3; SL 1995, ch 215; SL 2005, ch 199, § 12; SL 2021, ch 173, § 5.
S.D. Codified Laws § 36-27A-29.1 — SD Code / Title 36 / Chapter 27A / Section 36-27A-29.1
Special fee to pay for cost of disciplinary actions
Status: in_force

If payment of costs incurred in carrying out a license revocation or other disciplinary action prevents the Board of Examiners of Psychologists from meeting its other financial obligations, the board, upon the approval of a majority of its members, may assess each licensee a special fee to make up the deficit. The Board of Examiners of Psychologists shall set the special fee, not to exceed three hundred dollars a year, in rules promulgated pursuant to chapter 1-26 . If the special fee is assessed, a licensee is ineligible to renew the license until the payment of the fee.

Source: SL 1993, ch 297, § 6; SL 2008, ch 191, § 65.
S.D. Codified Laws § 36-18A-11 — SD Code / Title 36 / Chapter 18A / Section 36-18A-11
Design-build services by contractor
Status: in_force

This chapter does not prohibit a contractor from offering to provide or from providing design - build services if the architectural and engineering services offered or provided in connection with the design - build services are rendered by an architect or professional engineer licensed in accordance with this chapter.

Source: SL 1999, ch 195, § 11.
S.D. Codified Laws § 36-9A-23 — SD Code / Title 36 / Chapter 9A / Section 36-9A-23
Notice of renewal--Issuance of renewal license
Status: in_force

The board shall provide a notice for renewal of license to every license holder at least ninety days prior to the expiration date of the person's license. The license holder shall, before the expiration date, pay the required fee to the board. If the license holder meets the requirements established by the board in rules promulgated pursuant to chapter 1-26 and pays the required fee, the board shall renew the license.

Source: SL 1979, ch 256, § 15; SL 1995, ch 218, § 15; SL 2000, ch 193, § 1; SL 2017, ch 171, § 28.
S.D. Codified Laws § 36-9-57 — SD Code / Title 36 / Chapter 9 / Section 36-9-57
Reissuance of revoked or suspended license
Status: in_force

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

Source: SL 1955, ch 91, § 9; SDC Supp 1960, § 27.0909 (2); SL 1967, ch 101, § 9 (2); SL 1979, ch 255, § 51; SL 1986, ch 307, § 33; SL 2016, ch 194, § 36.
S.D. Codified Laws § 36-24-11 — SD Code / Title 36 / Chapter 24 / Section 36-24-11
Disposition of money received by board--Board of hearing aid dispensers and audiologists account of general fund
Status: in_force

All moneys coming into the custody of the board must be paid by the board to the state treasurer. The state treasurer shall credit the moneys to the Board of Licensed Hearing Aid Dispensers and Audiologists account of the general fund, which account is hereby created. The moneys in the account are hereby continuously appropriated to the board for the purpose of paying the expense of administering and enforcing the provisions of this chapter. The total expenses incurred by the board may not exceed the total moneys collected.

Source: SL 1968, ch 118, § 20; SL 1997, ch 221, § 17; SL 2024, ch 159, § 10.
S.D. Codified Laws § 36-21B-10 — SD Code / Title 36 / Chapter 21B / Section 36-21B-10
Contested cases--Assessment of expenses
Status: in_force

The secretary may assess to a licensee or applicant all or part of the actual expenses of a contested case proceeding resulting in the discipline or censure of the licensee, suspension or revocation of the licensee's license, or the denial of a license to the applicant.

Source: SL 2001, ch 210, § 1.
S.D. Codified Laws § 36-15-34 — SD Code / Title 36 / Chapter 15 / Section 36-15-34
Students transferring from out-of-state school--Credit allowed
Status: in_force

Any person who wishes to transfer from an out - of - state school of cosmetology to a licensed school in this state for the purpose of meeting the requirements of the state for commission examination in cosmetology, nail technology, or esthetics shall apply for a student license pursuant to § 36-15-33 . The commission may adopt rules pursuant to chapter 1-26 , establishing requirements relating to courses and education received by such transfer students. Transfer students shall be given South Dakota credit hours for their out - of - state education as determined and allowed by the commission.

Source: SDC 1939, § 27.1506 (5) as enacted by SL 1957, ch 118, § 1; SL 1963, ch 156; SL 1972, ch 206, § 31; SL 1997, ch 218, § 14; SL 2003, ch 202, § 45.
S.D. Codified Laws § 36-9-3.1 — SD Code / Title 36 / Chapter 9 / Section 36-9-3.1
Practice of certified registered nurse anesthetist--Promulgation of rules
Status: in_force

In addition to the practice of a registered nurse, as defined in § 36-9-3, and within the certified registered nurse anesthetist role, a certified registered nurse anesthetist may:

(1) Conduct an advanced comprehensive nursing assessment;

(2) Order and interpret diagnostic procedures;

(3) Develop and initiate a patient-specific anesthesia or pain management plan of care and therapeutic regimen;

(4) Prescribe, procure, administer, and furnish pharmacological agents in connection with anesthesia practice or pain management, including over the counter, legend, and controlled drugs or substances listed on Schedule II in chapter 34-20B ;

(5) Prescribe nonpharmacological interventions;

(6) Refer patients to health care agencies, health care providers, or community resources; and

(7) Complete and sign official documents required by law.

The certified registered nurse anesthetist shall collaborate with a physician, a dentist, a podiatrist, a certified nurse practitioner, a certified nurse midwife, or a physician assistant when providing anesthesia services.

The certified registered nurse anesthetist shall collaborate with other health care providers when engaging in chronic pain practice.

The certified registered nurse anesthetist shall refer or transfer patients, as appropriate.

The board shall promulgate rules in accordance with chapters 1-26 and 36-9 for the implementation of prescriptive authority within the role of the certified registered nurse anesthetist, the use of radiography, and the specific procedures for pain management.

Source: SL 1979, ch 255, § 3; SL 1999, ch 192, § 10; SL 2020, ch 169, § 1.
S.D. Codified Laws § 36-11-25 — SD Code / Title 36 / Chapter 11 / Section 36-11-25
Pharmacy intern--Certification--Restrictions--Promulgation of rules
Status: in_force

The board may issue a pharmacy intern certificate to an individual who is gaining experience as a qualification for licensure as a pharmacist. Any pharmacy intern issued an intern certificate shall perform the internship pursuant to rules promulgated by the board in accordance with chapter 1-26 . Nothing in this section may be construed as giving a pharmacy intern authority to fill any prescription, except under the supervision and in the presence of the pharmacist.

Source: SDC 1939, § 27.1008; SL 1955, ch 92; SL 1961, ch 130; SL 1967, ch 102, § 11; SL 1970, ch 212, § 2; SL 2025, ch 154, § 14.
S.D. Codified Laws § 36-9-4.1 — SD Code / Title 36 / Chapter 9 / Section 36-9-4.1
Additional functions after special training of licensed practical nurse
Status: in_force

The licensed practical nurse may perform any of the duties described in § 36-9-4 and with appropriate training as approved by the board rules and regulations may, under the direction of a physician licensed or exempt from licensing pursuant to chapter 36-4 , dentist or registered nurse:

(1) Perform additional specialized nursing functions; and

(2) Assist with teaching, supervision, delegating, and evaluation of health and nursing practices.

Source: SDCL, § 36-9-4 (1) as enacted by SL 1972, ch 204, § 2; SL 1976, ch 228, § 5.
S.D. Codified Laws § 36-21A-98 — SD Code / Title 36 / Chapter 21A / Section 36-21A-98
Recording of instrument conveying interest in subdivision
Status: in_force

An instrument conveying an interest in the subdivided real estate shall be in recordable form and the subdivider or buyer may record such instrument in the county where the real estate is located and in the office where deeds are recorded.

Source: SL 1992, ch 273, § 98.
S.D. Codified Laws § 36-10B-12 — SD Code / Title 36 / Chapter 10B / Section 36-10B-12
Waiver of examination--Requirements of licensure
Status: in_force

For one year beginning on July 1, 1996, the board shall waive the examination requirement and grant a nutritionist license to any person who meets the following requirements:

(1) Is a dietitian registered with the commission; or

(2) Meets the educational requirements specified in this chapter and has practiced nutrition or dietetics in good standing for the equivalent of one year during the last five years.

Source: SL 1996, ch 240, § 12.
S.D. Codified Laws § 36-15-4.1 — SD Code / Title 36 / Chapter 15 / Section 36-15-4.1
Lay members of commission--Appointment and terms of office
Status: in_force

The membership of the Cosmetology Commission shall include two lay persons who are users of the services regulated by the commission. The term lay persons who are users refers to persons who are not licensed by the commission but where practical use the services licensed, and the meaning shall be liberally construed to implement the purpose of this section. The lay members shall be appointed by the Governor and shall have the same terms of office as other members of the commission.

Source: SL 1973, ch 2, § 58; SL 1980, ch 379, § 19.
S.D. Codified Laws § 36-6A-47 — SD Code / Title 36 / Chapter 6A / Section 36-6A-47
Criteria for license to practice dentistry for person licensed in another state
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

Source: SDC 1939, §§ 27.0606, 27.0609; SDCL § 36-6-40; SL 1971, ch 213, § 24; SL 1981, ch 275, § 18; SL 1992, ch 269, § 37; SL 2015, ch 199, § 52.
S.D. Codified Laws § 36-11A-16 — SD Code / Title 36 / Chapter 11A / Section 36-11A-16
Inspection--Exemption--Penalty
Status: in_force

For the purpose of conducting an inspection, persons authorized by the board and showing identification may enter during normal business hours all premises in this state purporting or appearing to be used by a drug distributor. No person may deny the right of entry as provided in this section to an authorized person. Any licensee who provides documentation of the most recent satisfactory inspection that is less than two years old by either the United States Food and Drug Administration or a state agency, if it is determined to be comparable by the board, is exempt from further inspection for a period of time to be determined by the board. This exemption does not bar the board from initiating an investigation pursuant to a public or governmental complaint received by the board regarding a wholesale drug distributor.

Any person who violates this section is guilty of a Class 1 misdemeanor for the first conviction and a Class 6 felony for any subsequent conviction.

Source: SL 1991, ch 307, §§ 16, 20; SL 2017, ch 174, § 14.
S.D. Codified Laws § 36-8-2 — SD Code / Title 36 / Chapter 8 / Section 36-8-2
State Board of Podiatry Examiners--Terms of office--Vacancies
Status: in_force

The State Board of Podiatry Examiners shall include four professional members appointed by the Governor, each of whom shall be a resident podiatrist of this state. The term of each shall be three years, commencing on the thirty-first day of October. The appointee's term shall expire on October thirtieth in the third year of appointment. No member may serve more than three consecutive full terms. The Governor shall, by appointment, fill any vacancy. The appointment of a person to an unexpired term is not considered a full term.

Source: SDC 1939, § 27.0802; SL 1959, ch 131, § 3; revised pursuant to SL 1973, ch 2, § 58; SL 2005, ch 199, § 20; SL 2007, ch 213, § 1; SL 2012, ch 16, § 18.
S.D. Codified Laws § 36-4C-20 — SD Code / Title 36 / Chapter 4C / Section 36-4C-20
Reinstatement of license or permit
Status: in_force

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

Source: SL 1993, ch 273, § 20.
S.D. Codified Laws § 36-38-18 — SD Code / Title 36 / Chapter 38 / Section 36-38-18
Record of licensees
Status: in_force

The secretary-treasurer of the board shall keep a record of each person who has been granted a license pursuant to the provisions of this chapter, the license number, and the date the license was issued or renewed. The record may be admitted as evidence in any court.

Source: SL 2016, ch 199, § 18.
S.D. Codified Laws § 36-4-20.8 — SD Code / Title 36 / Chapter 4 / Section 36-4-20.8
Term of resident license
Status: in_force

Any resident license is valid for a period not exceeding one year from the issue date. The resident license holder shall continue in good standing in an accredited residency program or the resident license is forfeit. No holder of a resident license may engage in providing medical services outside the established residency program until the holder has successfully completed one year of residency training.

Source: SL 1987, ch 266, § 3; SL 2013, ch 172, § 3.
S.D. Codified Laws § 36-2-2 — SD Code / Title 36 / Chapter 2 / Section 36-2-2
License required to diagnose or treat human ills--Practice subject to statutory limitations--Violation as misdemeanor
Status: in_force

No person shall in any manner engage in, offer to engage in, or hold himself out as qualified to engage in the diagnosis or treatment of any human ill, unless such person is the holder of a legal and unrevoked license or certificate issued under the laws of South Dakota authorizing such person to practice the healing art covered by such license and is practicing thereunder in the manner and subject to the limitations provided by the laws of the State of South Dakota for the issuance of such license or certificate for the practice thereunder. A violation of this section is a Class 2 misdemeanor. Each day of violation is a separate offense.

Source: SL 1953, ch 130, § 2; SDC Supp 1960, § 27.0318; SL 1992, ch 158, § 67.
S.D. Codified Laws § 36-21A-62 — SD Code / Title 36 / Chapter 21A / Section 36-21A-62
Biennial proof by licensees of continuing education--Persons exempt
Status: in_force

An individual licensee shall provide to the commission proof of participation in the following required number of hours of approved continuing education in the preceding two-year period:

(1) Responsible broker, broker associate, salesperson, auctioneer, or property manager: not less than twenty-four hours; or

(2) Residential rental agent: not less than twelve hours.

Attorneys licensed in South Dakota and time-share agents are exempt from this section.

Source: SL 1992, ch 273, § 62; SL 2013, ch 177, § 24.
S.D. Codified Laws § 36-20B-32 — SD Code / Title 36 / Chapter 20B / Section 36-20B-32
Firm permits--Duration--Provisional permits
Status: in_force

The board shall grant or renew a permit to practice as a CPA firm or PA firm to an entity that makes application and demonstrates its qualifications in accordance with this chapter.

A permit shall be initially issued and renewed for periods of not more than one year. However, a permit expires on the date as established by the board, by rule promulgated pursuant to chapter 1-26 following issuance or renewal. An application for a permit shall be made in such form, and in the case of an application for renewal, between such dates as the board may, by rule promulgated pursuant to chapter 1-26 , specify. If the applicant seeks the opportunity to show that issuance or renewal of a permit 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 permit, which expires ninety days after its issuance, or when the board determines whether to issue or renew the permit for which the application was made, whichever occurs first.

Source: SL 2002, ch 179, § 33; SL 2009, ch 185, § 4; SL 2013, ch 175, § 3.
S.D. Codified Laws § 36-4B-5 — SD Code / Title 36 / Chapter 4B / Section 36-4B-5
Federal personnel not restricted--Religious groups not practicing medicine
Status: in_force

Nothing in this chapter shall limit the activities of employees of the United States Army, Air Force, Navy, or Marine Hospitals or of the United States Veterans' Administration, or the United States Public Health Service Hospitals or military medical personnel in the performance of their duties, nor to the religious groups as such who do not practice medicine, surgery, or obstetrics by the use of any material remedies or agencies.

Source: SL 1978, ch 269, § 6.
S.D. Codified Laws § 36-19-38 — SD Code / Title 36 / Chapter 19 / Section 36-19-38
Grounds for action on license
Status: in_force

The board may refuse to renew, and may suspend or revoke, any license if the license holder:

(1) Obtained the license by fraud or misrepresentation either in applying for the license or in passing the examination for the license;

(2) Alters the license;

(3) Uses intoxicants or drugs to such a degree as to render the person unfit to practice funeral service;

(4) Has been convicted of:

(a) A felony; or

(b) Any crime involving dishonesty, any conduct intended to deceive or defraud the public, or any other unprofessional conduct;

(5) Is guilty of malpractice in the business of funeral service;

(6) Is guilty of willfully violating this chapter, any rule of the board, or any ordinance or federal regulation governing the disposition, shipment, or transportation of dead human bodies;

(7) Signs a certificate stating that the person embalmed or prepared a dead human body for shipment or burial, if in fact another person, other than a trainee for whom supervision was provided, embalmed or prepared the dead human body for shipment or burial;

(8) Directly or indirectly:

(a) Pays or causes to be paid, a commission for the securing of business; or

(b) Solicits business, provided that the soliciting of members or the selling of stock in any cooperative burial association is not a violation of this subdivision;

(9) Engages in any practice or conduct that constitutes a danger to the health, safety, or welfare of the public;

(10) Engages in any conduct that is unbecoming of a licensee or applicant;

(11) Has been disciplined by the board of another state or territory for any act or omission that would be a violation of this chapter or rules adopted by the board;

(12) Fails to report to the board:

(a) Any discipline imposed by the board of another state or territory;

(b) Any felony conviction; or

(c) Any conviction for an offense arising out of the practice of funeral service;

(13) Has employed, enabled, or assisted the unlicensed practice or provision of any service, other than that authorized by this chapter or rules adopted by the board;

(14) Fails to maintain adequate safety and sanitary conditions or other requirements of funeral establishments, as set forth in this chapter or rules adopted by the board pursuant to chapter 1-26 ; or

(15) Engages in any unfair or deceptive act or practice.

If the license as funeral director is held by a firm, corporation, association, or organization, the provisions of this section apply to the members of the board of directors, officers, and employees, as well as to the firm, corporation, association, or organization.

Source: SDC 1939, § 27.1408; SL 1939, ch 102, § 6; SL 1951, ch 132, § 3; SL 1963, ch 154, § 7; SDCL, § 36-19-39; revised pursuant to SL 1972, ch 15, § 4; SL 2005, ch 199, § 52; SL 2023, ch 137, § 19.
S.D. Codified Laws § 36-4-30.1 — SD Code / Title 36 / Chapter 4 / Section 36-4-30.1
Report of unprofessional conduct and certain changes
Status: in_force

Any person licensed under chapter 36-4 shall report to the board, within thirty days of the date of the action, any of the acts included in § 36-4-30 and any of the following:

(1) Change of contact information, including any change in home address, business address, home phone number, work phone number, e-mail address, and any other information that is used for communicating with the board;

(2) Hospital disciplinary actions;

(3) Actions affecting privileges to practice; and

(4) Judgments or settlements related to malpractice.

Failure to report may constitute a basis for disciplinary action against the licensee who failed to report.

Source: SL 2018, ch 227, § 5.
S.D. Codified Laws § 36-16-26 — SD Code / Title 36 / Chapter 16 / Section 36-16-26
Contractor's license terminated on death--Continuation of business
Status: in_force

An electrical contractor's license shall terminate upon death of said contractor; however, the State Electrical Commission may authorize the carrying on of said business until arrangements can be made to complete work under contract or to otherwise comply with the provisions of this chapter.

Source: SL 1963, ch 216, § 11 (2).
S.D. Codified Laws § 36-4-46 — SD Code / Title 36 / Chapter 4 / Section 36-4-46
Practice of certified professional midwife
Status: in_force

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

Source: SL 2017, ch 172, § 36.
S.D. Codified Laws § 36-12-15 — SD Code / Title 36 / Chapter 12 / Section 36-12-15
Licensing on certification from another state--Fee
Status: in_force

The Board of Veterinary Medical Examiners, without examination, may issue a license to practice veterinary medicine to a citizen of the United States or a resident of South Dakota who has been actively engaged in such profession in some other state, territory, or the District of Columbia, upon the certificate of the proper licensing authority of that state, territory, or the District of Columbia, certifying that the applicant is duly licensed, that his license has never been suspended or revoked, and that in so far as records of that authority are concerned, the applicant is entitled to its endorsement. The state, territory, or District of Columbia from which the applicant comes shall have and maintain standards regulating the profession at least equal to those maintained in the profession in South Dakota. In order that the board may determine such standards, the secretary of the examining board shall gather information from other states bearing on this point. Such license shall only be issued to those filing application with the secretary of the board accompanied by a fee not to exceed twenty-five dollars. The fee shall be set by the board by rule promulgated pursuant to chapter 1-26 .

Source: SDC 1939, § 40.0205; SL 1961, ch 201, § 9; revised pursuant to SL 1972, ch 15, § 4; SL 2008, ch 191, § 29.
S.D. Codified Laws § 36-9-84 — SD Code / Title 36 / Chapter 9 / Section 36-9-84
Definition of durable medical equipment or therapeutic device
Status: in_force

For the purposes of § 36-9-87 , durable medical equipment or therapeutic device is an appliance, apparatus, or product intended for use in nursing diagnosis or treatment and in the prevention of disease or maintenance or restoration of health that are required to implement the overall plan of care.

Source: SL 1995, ch 217, § 2.
S.D. Codified Laws § 36-2A-7 — SD Code / Title 36 / Chapter 2A / Section 36-2A-7
Eligibility
Status: in_force

Admission to the program is available to any person who meets the admission criteria and:

(1) Holds licensure as a health care professional in this state;

(2) Is eligible for and in the process of applying for licensure as a health care professional in this state; or

(3) Is enrolled as a student in a program leading to licensure as a health care professional.

Source: SL 1996, ch 227, § 7; SL 2013, ch 171, § 7; SL 2021, ch 170, § 8.
S.D. Codified Laws § 36-9A-36 — SD Code / Title 36 / Chapter 9A / Section 36-9A-36
Proof of single act only required
Status: in_force

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

Source: SL 1979, ch 256, § 28.
S.D. Codified Laws § 36-15-5.1 — SD Code / Title 36 / Chapter 15 / Section 36-15-5.1
Commission continued within Department of Labor and Regulation--Records and reports
Status: in_force

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

Source: SL 1973, ch 2 (Ex. Ord. 73-1), § 56(g); SL 2003, ch 272 (Ex. Ord. 03-1), § 53; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 36-11A-12 — SD Code / Title 36 / Chapter 11A / Section 36-11A-12
Approval or denial of application or renewal--Appeal
Status: in_force

The board may approve, approve with conditions, or deny the application for licensure or renewal of licensure as a wholesale distributor based on information concerning the qualifications of the applicant provided in the application. No license to engage in wholesale drug distribution may be issued or renewed unless the applicant agrees to operate and satisfies the board that it operates in a manner prescribed by federal law, this chapter and the rules adopted by the board.

An applicant may appeal the decision of the board regarding licensure or renewal of licensure pursuant to contested case procedures in chapter 1-26 .

Source: SL 1991, ch 307, § 12.
S.D. Codified Laws § 36-9-8 — SD Code / Title 36 / Chapter 9 / Section 36-9-8
Qualifications of licensed practical nurse members of board
Status: in_force

Each licensed practical nurse member of the board shall be licensed in good standing as a practical nurse in this state, shall be a graduate of an approved program for the preparation of licensed practical nurses, shall have at least five years experience since graduation as a licensed practical nurse, and shall have been actively engaged in practical nursing for at least three of the last four years preceding appointment.

Source: SL 1955, ch 91, § 3; SDC Supp 1960, § 27.0903 (2); SL 1967, ch 101, § 3 (2); SL 1976, ch 228, § 9; SL 2016, ch 194, § 7.
S.D. Codified Laws § 36-7-1.5 — SD Code / Title 36 / Chapter 7 / Section 36-7-1.5
Expanded scope of practice--Competency demonstration
Status: in_force

The demonstration of competency required in accordance with subdivision 36-7-1 .4(3), must occur in the presence and under the direct supervision of an ophthalmologist licensed in this state, or in the presence and under the direct supervision of an optometrist licensed in this state and authorized by the board, pursuant to § 36-7-1 .4, to perform all of the procedures set forth in subdivision 36-7-1 (9).

The demonstration of competency with respect to the intradermal injection of a paralytic agent, the intralesional injection of a steroid to treat a chalazion, the use of a local anesthetic in conjunction with the primary removal of a pedunculated skin tag, and the performance of a selective laser trabeculoplasty, must each occur on at least five human eyes.

The demonstration of competency with respect to the performance of a posterior capsulotomy using an yttrium aluminum garnet laser must occur on at least ten human eyes.

The supervising ophthalmologist or optometrist shall notify the board when competency has been demonstrated, in accordance with this section. The notification must occur at the time and in the manner determined by the board.

Source: SL 2024, ch 155, § 3.
S.D. Codified Laws § 36-28-3 — SD Code / Title 36 / Chapter 28 / Section 36-28-3
Vacancies on board--Removal of members
Status: in_force

Vacancies on the board shall be filled by the Governor for the balance of any unexpired term from persons qualified under the provisions of this chapter. Appointive members of the board may be removed by the Governor for cause after due notice and hearing.

Source: SL 1969, ch 113, § 3; SDCL Supp, § 34-12A-3.
S.D. Codified Laws § 36-4A-26.4 — SD Code / Title 36 / Chapter 4A / Section 36-4A-26.4
Authentication of documents
Status: in_force

A physician assistant may authenticate any document with the physician assistant's signature, certification, stamp, verification, affidavit, or endorsement, if the document may be authenticated by the signature, certification, stamp, verification, affidavit, or endorsement of a physician.

Source: SL 2025, ch 149, § 14.
S.D. Codified Laws § 36-29-1.1 — SD Code / Title 36 / Chapter 29 / Section 36-29-1.1
Practice of athletic training--Description
Status: in_force

The practice of athletic training is the care, treatment, and prevention, under the direction of and under guidelines established by a physician licensed pursuant to chapter 36-4 , of athletic injuries, illnesses, or conditions:

(1) That are related to, or that limit participation in, exercise, athletic activities, recreational activities, or activities requiring physical strength, agility, flexibility, range of motion, speed, or stamina; and

(2) For which an athletic trainer, as a result of the athletic trainer's education and training, is qualified to provide care and to make referrals to an appropriate health care professional.

Source: SL 2024, ch 162, § 2.
S.D. Codified Laws § 36-11-2.2 — SD Code / Title 36 / Chapter 11 / Section 36-11-2.2
Practice of pharmacy defined
Status: in_force

The practice of pharmacy means:

(1) Interpretation and evaluation of prescription drug orders and dispensing in the patient's best interest;

(2) Provision of patient counseling and pharmaceutical care; and

(3) The responsibility for compounding, distributing, labeling, and storage of drugs and for maintaining proper records for them.

The practice of pharmacy does not authorize a pharmacist to prescribe drugs as a practitioner or to dispense drugs without a prescription drug order.

Nothing in this section may be construed to prevent or restrict the practices, services, or activities of a person licensed in this state by any other law from engaging in the profession or occupation for which he is licensed if he is performing services within his authorized scope of practice.

Source: SL 1993, ch 278, § 1.
S.D. Codified Laws § 36-10-26 — SD Code / Title 36 / Chapter 10 / Section 36-10-26
Prior licensees deemed licensed
Status: in_force

Persons holding licenses to practice physical therapy in South Dakota on July 1, 1972 shall be deemed licensed under this chapter, and entitled to renew the same.

Source: SL 1972, ch 205, § 11.
S.D. Codified Laws § 36-31-1 — SD Code / Title 36 / Chapter 31 / Section 36-31-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

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

(2) "Occupational therapist," any person licensed to practice occupational therapy as defined in this chapter and whose license is in good standing;

(3) "Occupational therapy," the evaluation, planning and implementation of a program of purposeful activities to develop or maintain adaptive skills necessary to achieve the maximal physical and mental functioning of the individual in his or her daily pursuits. The practice of occupational therapy includes consultation, evaluation, and treatment of individuals whose abilities to cope with the tasks of living are threatened or impaired by developmental deficits, the aging process, learning disabilities, poverty and cultural differences, physical injury or disease, psychological and social disabilities, or anticipated dysfunction. Occupational therapy services include such treatment techniques as task-oriented activities to prevent or correct physical or emotional deficits or to minimize the disabling effect of these deficits in the life of the individual; such evaluation techniques as assessment of sensory integration and motor abilities, assessment of development of self-care and feeding, activities and capacity for independence, assessment of the physical capacity for prevocational and work tasks, assessment of play and leisure performance, and appraisal of living areas for the handicapped; physical agent modalities limited to the upper extremities to enhance physical functional performance, if certified in accordance with § 36-31-6 ; and specific occupational therapy techniques such as activities of daily living skills, designing, fabricating, or applying selected orthotic devices or selecting adaptive equipment, sensory integration and motor activities, the use of specifically designed manual and creative activities, specific exercises to enhance functional performance, and treatment techniques for physical capabilities for work activities. Such techniques are applied in the treatment of individual patients or clients, in groups, or through social systems;

(4) "Occupational therapy aide," any person who assists in the practice of occupational therapy under the direct supervision of an occupational therapist or occupational therapy assistant;

(5) "Occupational therapy assistant," any person licensed to assist in the practice of occupational therapy, under the supervision of or with the consultation of a licensed occupational therapist and whose license is in good standing; and

(6) "Physical agent modalities," modalities that produce a biophysiological response through the use of light, water, temperature, sound, or electricity, or mechanical devices. Physical agent modalities include:

(a) Superficial thermal agents such as hydrotherapy/whirlpool, cryotherapy (cold packs/ice), fluidotherapy, hot packs, paraffin, water, infrared, and other commercially available superficial heating and cooling technologies;

(b) Deep thermal agents such as therapeutic ultrasound, phonophoresis, and other commercially available technologies;

(c) Electrotherapeutic agents such as biofeedback, neuromuscular electrical stimulation, functional electrical stimulation, transcutaneous electrical nerve stimulation, electrical stimulation for tissue repair, high-voltage galvanic stimulation, and iontophoresis and other commercially available technologies; and

(d) Mechanical devices such as vasopneumatic devices and CPM (continuous passive motion).

Source: SL 1986, ch 323, § 1; SL 2005, ch 205, § 1; SL 2024, ch 152, § 13.
S.D. Codified Laws § 36-27A-8 — SD Code / Title 36 / Chapter 27A / Section 36-27A-8
Meetings of board--Election of officers--Records of meetings
Status: in_force

The board shall elect officers annually. The board shall meet at least once a year at a place and time determined by the president of the board. The board secretary is responsible for taking and keeping the minutes of all board meetings.

Source: SL 1976, ch 235, § 9; SDCL Supp, § 36-27-14; SL 1981, ch 281, § 8; SL 2008, ch 197, § 3.
S.D. Codified Laws § 36-32-65 — SD Code / Title 36 / Chapter 32 / Section 36-32-65
Licensed professional counselor-mental health--Application--Requirements--Appeal
Status: in_force

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

(1) The applicant has obtained licensure as a professional counselor under § 36-32-64 ;

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

(a) Forty-eight credit hours in counseling, if the applicant began the program before July 1, 2024; or

(b) Sixty credit hours in counseling, if the applicant began the program on or after July 1, 2024;

(3) The applicant's master's or doctoral degree is from a counseling program approved by the Council for Accreditation of Counseling and Related Educational Programs or an equivalent program, with an emphasis on mental health counseling as demonstrated by studies in the following areas:

(a) The general principles and practices of etiology, diagnosis, treatment, and prevention of mental and emotional disorders and dysfunctional behavior;

(b) The general principles and practices for the promotion of optimal mental health;

(c) The specific models and methods for assessing mental status;

(d) The identification of mental illness or abnormal, deviant, or psychopathologic behavior by obtaining appropriate behavioral data using a variety of techniques, including nonprojective personality assessments and achievement, aptitude, and intelligence testing, and translating findings into the Diagnostic and Statistical Manual of Mental Disorders;

(e) The specific theories of psychotherapy for initiating, maintaining, and terminating therapy with a mentally and emotionally impaired client or a client with disabilities in a variety of settings using a variety of modalities, including crisis intervention, brief, intermediate, and long-term modalities;

(f) The basic classification, indications, and contraindications of the commonly prescribed psychopharmacological medications for the purpose of identifying the effects and side effects of prescribed psychotropic medications;

(g) The guidelines for conducting an intake interview and mental health history for planning and managing of client caseload; and

(h) The specific concepts and ideas related to mental health education, outreach, prevention, and mental health promotion;

(4) The applicant has passed the National Clinical Mental Health Counseling Examination administered by the National Board for Certified Counselors;

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

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

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

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

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

Notwithstanding the provisions of subdivision (5), the board may grant a license to an applicant who does not complete the required postgraduate supervision within four years of the application upon the applicant's show of good cause for exceeding the time limit.

Notwithstanding the provisions of subdivision (7), the board may grant a license to an applicant who has been convicted of or pled guilty to a felony, to any crime involving or relating to the practice of counseling, or to any crime involving dishonesty or moral turpitude if the board determines that the applicant does not constitute a risk to public safety.

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

Source: SL 2020, ch 165, § 19; SL 2024, ch 164, § 3.
S.D. Codified Laws § 36-4C-9 — SD Code / Title 36 / Chapter 4C / Section 36-4C-9
Written application--Requirements
Status: in_force

Any applicant for a license as a respiratory care practitioner shall file a written application, on a form provided by the board, containing evidence satisfactory to the board for showing that the applicant:

(1) Is of good moral character;

(2) Has successfully completed an education and training program accredited by the Commission on Accreditation of Allied Health Education Programs in collaboration with the Committee on Accreditation for Respiratory Care; and

(3) Will pass an examination recommended by the respiratory care practitioners council and approved by the board.

Source: SL 1993, ch 273, § 9; SL 2004, ch 245, § 7; SL 2024, ch 152, § 8.
S.D. Codified Laws § 36-18A-70 — SD Code / Title 36 / Chapter 18A / Section 36-18A-70
Plans, specifications, plats and submissions in violation unacceptable
Status: in_force

No public officer or employee, as defined in subdivisions 22-1-2(37) and (39), charged with the authority or responsibility of approving or accepting plans, specifications, plats, or any other technical submissions, may accept or approve such plans, specifications, plats, or technical submissions which have been prepared in violation of this chapter.

The building official shall require the owner to engage and designate an architect or professional engineer who shall act as the architect or professional engineer of record on projects that are not exempt. If the circumstances require, the owner may designate a substitute architect or professional engineer of record who shall perform all of the duties required of the original architect or professional engineer of record. The building official shall be notified in writing by the owner if the architect or professional engineer of record is changed or is unable to continue to perform the duties. The architect or professional engineer of record is responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building. A building permit issued with respect to technical submissions which do not conform with the requirements of this chapter are invalid.

Source: SL 1999, ch 195, § 70.
S.D. Codified Laws § 36-6A-3 — SD Code / Title 36 / Chapter 6A / Section 36-6A-3
Appointment and term of lay member
Status: in_force

The lay member shall be appointed by the Governor and shall have the same term of office as other members of the Board of Dentistry.

Source: SL 1973, ch 2, § 58; SL 1981, ch 275, § 1[3].
S.D. Codified Laws § 36-9C-17 — SD Code / Title 36 / Chapter 9C / Section 36-9C-17
Reinstatement of lapsed license
Status: in_force

If a licensee fails to maintain active status or secure inactive status, as provided in § 36-9C-18 , the license shall lapse on the final date of the period for which is was last renewed. A lapsed license may be reinstated by filing a satisfactory explanation for failure to renew, payment of the required fee, and by filing evidence of all requirements established by § 36-9C-16 .

Source: SL 2017, ch 172, § 17.
S.D. Codified Laws § 36-29-14 — SD Code / Title 36 / Chapter 29 / Section 36-29-14
License renewal--Continuing education requirements--Promulgation of rules
Status: in_force

In order to renew a license, an athletic trainer must:

(1) Complete the amount of continuing education hours required by the board in rules promulgated pursuant to chapter 1-26 , but which may not exceed twenty-five; or

(2) Have current certification from the Board of Certification for the Athletic Trainer.

The board shall promulgate rules, pursuant to chapter 1-26 , to establish acceptable forms of continuing education.

Source: SL 1984, ch 255, § 14; SL 2024, ch 162, § 8.
S.D. Codified Laws § 36-18A-6 — SD Code / Title 36 / Chapter 18A / Section 36-18A-6
Practice of petroleum release assessment defined
Status: in_force

For the purposes of this chapter, the term, practice of petroleum release assessment, means the practice of directing or supervising the field crew performing activities related to assessments and environmental monitoring; developing assessment plans; directing the placement of soil borings and determining where to collect samples for analytical data; determining the location of representative soil samples for contaminant analysis; identifying and classifying soil types and soil conditions; preparing soil boring logs or supervising preparation of logs; testing and reporting on the physical and chemical properties of soils; identifying and reporting on geological conditions; developing and implementing groundwater evaluation activities; directing the placement of monitoring or observation wells; evaluating aquifer characteristics; formulating input data for groundwater flow models; operating groundwater models and interpreting results; directing the performance of pump tests or dye tests and other aquifer tests; interpreting the results of aquifer testing; determining capture zones for groundwater removal systems; evaluating and reporting on physical and chemical groundwater data; or offering to provide any services pursuant to this section.

Source: SL 1999, ch 195, § 6.
S.D. Codified Laws § 36-20B-2 — SD Code / Title 36 / Chapter 20B / Section 36-20B-2
Attest defined--Statements on standards to be adopted
Status: in_force

For the purposes of this chapter, attest means providing the following services:

(1) Any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS);

(2) Any review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS);

(3) Any examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE);

(4) Any engagement to be performed in accordance with the Auditing Standards of the Public Company Auditing Oversight Board (PCAOB); and

(5) Any examination, review, or agreed upon procedures engagement to be performed in accordance with SSAE, other than an examination described in subdivision (3).

The statements on standards specified in this definition shall be adopted by reference by the board, by rule promulgated pursuant to chapter 1-26 , and shall be those developed for general application by recognized national accountancy organizations.

Source: SL 2002, ch 179, § 3; SL 2009, ch 185, § 2; SL 2019, ch 170, § 1.
S.D. Codified Laws § 36-9-80 — SD Code / Title 36 / Chapter 9 / Section 36-9-80
Restrictions on distributions from education assistance program
Status: in_force

Distributions from the nurses' education assistance scholarship program are subject to the following:

(1) The amount of each scholarship shall be determined annually by the South Dakota Board of Nursing but may not exceed the sum of one thousand dollars per full academic year; and

(2) Funds from this scholarship program shall be disbursed on an annual basis and shall be disbursed to the institution which the applicant attends and not directly to the scholarship recipient. The institution may only credit nurses' education assistance scholarship program funds to the payment of tuition, books, fees, and other direct educational expenses. Room and board may not be considered a direct educational expense.

Source: SL 1989, ch 325, § 5; SL 2014, ch 180, § 9.
S.D. Codified Laws § 36-21A-19 — SD Code / Title 36 / Chapter 21A / Section 36-21A-19
Employment of personnel
Status: in_force

The commission may employ personnel as may be necessary to carry out the provisions of this chapter.

Source: SL 1992, ch 273, § 19; SL 2018, ch 236, § 1.
S.D. Codified Laws § 36-2-16.4 — SD Code / Title 36 / Chapter 2 / Section 36-2-16.4
Medical record--Copy fees--Other costs
Status: in_force

A health care provider or a medical records company may charge the following fees:

(1) For a paper copy of a medical record not specified below, the fee may not exceed ten dollars for the first ten pages and thirty-three cents for each additional page;

(2) For an electronic copy of a medical record not specified below, the fee may not exceed twenty-five cents per page;

(3) For a printed copy of an x-ray, magnetic resonance imaging, computerized tomography scan, or any other form of medical imaging, the fee may not exceed ten dollars; and

(4) For an x-ray, magnetic resonance imaging, computerized tomography scan, or any other form of medical imaging copied onto a compact disc, digital video disc, or other transportable electronic media, the fee may not exceed fifteen dollars.

A health care provider or medical records company may also impose a charge to cover the cost of postage or shipping, together with any applicable tax.

Source: SL 2023, ch 134, § 4.
S.D. Codified Laws § 36-4-12.1 — SD Code / Title 36 / Chapter 4 / Section 36-4-12.1
Application of medical or osteopathic college for approval--Inspection
Status: in_force

A medical or osteopathic college seeking approval by the Board of Medical and Osteopathic Examiners shall file with the board an application on forms provided by the board. It shall also provide such other or further information as the board requests in writing.

Prior to issuing any approval the board may require, in its sole discretion, that such school be inspected by a member or representative of the board. The school applying for approval shall pay all expenses incurred by the board in making such an inspection.

Source: SL 1985, ch 297, § 8.
S.D. Codified Laws § 36-4C-19 — SD Code / Title 36 / Chapter 4C / Section 36-4C-19
Appeal by aggrieved party
Status: in_force

Any party who is aggrieved by an act, ruling or decision of the board relating to refusal to grant a license or temporary permit or cancellation, revocation or suspension of a license or temporary permit may appeal pursuant to chapter 1-26 .

Source: SL 1993, ch 273, § 19.
S.D. Codified Laws § 36-6A-47.3 — SD Code / Title 36 / Chapter 6A / Section 36-6A-47.3
Refusal to grant license or registration due to incompetence or unprofessional or dishonorable conduct
Status: in_force

The board may, in compliance with chapter 1-26 , refuse to grant a license or registration pursuant to this chapter because of professional incompetence, or unprofessional or dishonorable conduct on the part of the applicant.

Source: SL 2015, ch 199, § 55.
S.D. Codified Laws § 36-15-57 — SD Code / Title 36 / Chapter 15 / Section 36-15-57
Subpoena power of commission--Administration of oaths--Depositions
Status: in_force

The Cosmetology Commission shall have the powers granted by §§ 1-26-19.1 and 1-26-19.2 at any hearing of any matter over which the commission has jurisdiction.

Source: SDC 1939, § 27.1511; SL 1943, ch 106, § 3; SL 1957, ch 118, § 1; revised pursuant to SL 1972, ch 15, § 4.
S.D. Codified Laws § 36-18A-10 — SD Code / Title 36 / Chapter 18A / Section 36-18A-10
Building consisting of more than one type of occupancy--Limitations for each type
Status: in_force

For the purposes of subdivision 36-18A-9(8) of this chapter, if a building consists of more than one type of occupancy, each portion of the building shall conform to the limitations established by that subdivision for each type of occupancy. The area of the building shall be such that the sum of the ratios of the actual area for each separate occupancy divided by the total allowable area allowed by that subdivision for each separate occupancy does not exceed one.

Source: SL 1999, ch 195, § 10.
S.D. Codified Laws § 36-10B-16 — SD Code / Title 36 / Chapter 10B / Section 36-10B-16
Background check--Compact participants--Costs
Status: in_force

The board shall implement procedures for the completion of a state and federal fingerprint-based criminal background check for a dietitian seeking to participate in the dietitian licensure compact adopted by § 36-10C-1 . The dietitian must pay any fee for the cost of fingerprinting and conducting the background check.

Source: SL 2025, ch 153, § 1.
S.D. Codified Laws § 36-21A-78 — SD Code / Title 36 / Chapter 21A / Section 36-21A-78
Substantiation of information in listing agreement--Latent defects
Status: in_force

On taking a listing, a licensee shall substantiate that the information taken in the listing agreement is accurate. As far as latent defects are concerned, it is not a violation of this section if the licensee disclosed to the buyer that the listing information or parts of the listing information are solely the representations of the seller.

Source: SL 1992, ch 273, § 78.
S.D. Codified Laws § 36-13-9.1 — SD Code / Title 36 / Chapter 13 / Section 36-13-9.1
Injunctions--Election of remedies
Status: in_force

The board is empowered to commence actions for injunction for violation of this chapter or rules promulgated pursuant to this chapter as an alternate to criminal proceedings. The commencement of one proceeding by the board constitutes an election.

Source: SL 1972, ch 15, § 4; SL 1986, ch 302, § 38; SL 2008, ch 195, § 14.
S.D. Codified Laws § 36-20B-65 — SD Code / Title 36 / Chapter 20B / Section 36-20B-65
Commission of single prohibited act justifies penalty
Status: in_force

In any action brought under this chapter, evidence of the commission of a single act prohibited by this chapter is sufficient to justify a penalty, injunction, restraining order, or conviction, respectively, without evidence of a general course of conduct.

Source: SL 2002, ch 179, § 66.
S.D. Codified Laws § 36-9C-19 — SD Code / Title 36 / Chapter 9C / Section 36-9C-19
Fees
Status: in_force

The board shall promulgate by rule, pursuant to chapter 1-26 , and shall collect in advance the following nonrefundable fees from each applicant:

(1) For initial licensure or endorsement from another state, not more than one thousand dollars;

(2) For biennial renewal of license, not more than one thousand five hundred dollars;

(3) For reinstatement of a lapsed license, the current renewal fee plus not more than five hundred dollars;

(4) For providing a transcript, not more than twenty-five dollars;

(5) For effecting a name change on the records of the license holder, not more than one hundred dollars;

(6) For issuance of a duplicate license, not more than one hundred fifty dollars;

(7) For placing a license on inactive status, not more than one hundred dollars;

(8) For endorsement to another state, territory, or foreign country, not more than one hundred fifty dollars;

(9) For an initial student license, not more than five hundred dollars; and

(10) For a per birth delivery fee, not more than one hundred dollars per birth.

Source: SL 2017, ch 172, § 19.
S.D. Codified Laws § 36-21A-135 — SD Code / Title 36 / Chapter 21A / Section 36-21A-135
Seller's agent may show other properties
Status: in_force

A seller's or landlord's agent may show alternative properties not owned by the client to prospective buyers and may list competing properties for sale or lease without breaching any duty or obligation to the client.

Source: SL 1998, ch 229, § 12.
S.D. Codified Laws § 36-36-3 — SD Code / Title 36 / Chapter 36 / Section 36-36-3
Practice of genetic counseling defined
Status: in_force

For the purposes of this chapter, the practice of genetic counseling is the process of helping people understand and adapt to the medical, psychological, and familial implications of genetic contributions to disease performed pursuant to a referral. This process integrates the following:

(1) Interpretation of family and medical histories to assess the chance of disease occurrence or recurrence;

(2) Education about inheritance, testing, management, prevention, resources, and research;

(3) Ordering genetic testing consistent with the referral and reporting requirements of this chapter; and

(4) Counseling to promote informed decisions and adaptation to the risk or condition.

Source: SL 2009, ch 194, § 3; SL 2016, ch 198, § 3.
S.D. Codified Laws § 36-18A-46 — SD Code / Title 36 / Chapter 18A / Section 36-18A-46
Construction administration services to be provided by architect or engineer
Status: in_force

No person other than an architect may provide construction administration services on an architecture portion of a project that is not exempt pursuant to § 36-18A-2 . No person other than a professional engineer may provide construction administration services on an engineering portion of a project that is not exempt pursuant to § 36-18A-3 . The architect or professional engineer of record, or another designated architect or professional engineer without conflict of interest, shall provide a written report of observed deficiencies or variations from the submitted plans and specifications to the building official, owner, and builder before project completion. The board may promulgate rules pursuant to chapter 1-26 to establish construction administration services criteria including coordinating and prime professional criteria for persons licensed by the board.

Source: SL 1999, ch 195, § 46; SL 2016, ch 195, § 5.
S.D. Codified Laws § 36-21A-35 — SD Code / Title 36 / Chapter 21A / Section 36-21A-35
Application for license--Contents--Oath or affirmation
Status: in_force

An application for a license shall be in writing upon forms furnished by the commission and shall contain such data and information as the commission may require and shall be verified on oath or affirmation under penalty of perjury.

Source: SL 1992, ch 273, § 35.
S.D. Codified Laws § 36-35-12.1 — SD Code / Title 36 / Chapter 35 / Section 36-35-12.1
Temporary permit
Status: in_force

Upon application and payment of an application fee not to exceed seventy-five dollars, the board may issue a temporary permit to practice massage therapy to an applicant who has met the requirements of subdivision 36-35-12(1) to (4), inclusive, pending completion and results of the examination required pursuant to subdivision 36-35-12(5), if the applicant intends to practice massage therapy in the state during the time the permit is valid. A temporary permit may be issued no more than twice and is effective for a term of not more than ninety days. A temporary permit automatically expires on the occurrence of the following:

(1) Issuance of a regular license;

(2) Failure to pass the licensing examination; or

(3) Expiration of the term for which the temporary license was issued.

Source: SL 2013, ch 184, § 6; SL 2015, ch 201, § 2; SL 2016, ch 197, § 7.
S.D. Codified Laws § 36-4-24.1 — SD Code / Title 36 / Chapter 4 / Section 36-4-24.1
Renewal of license--Form--Fee
Status: in_force

Each person receiving a license under the provisions of this chapter shall apply, on a form approved by the Board of Medical and Osteopathic Examiners, for a renewal of the license. The renewal shall be issued by the secretary upon payment of a biennial fee set by the board, by rule promulgated pursuant to chapter 1-26 , not exceeding the sum of four hundred dollars. The renewal shall be in the form of a receipt acknowledging payment of the required fee and signed by the secretary of the board.

Source: SL 1953, ch 119; SDC Supp 1960, § 27.0312; SL 1964, ch 84; SDCL § 36-4-24 ; SDC Supp 1960, § 27.0312A as enacted by SL 1969, ch 105, § 8; SL 1973, ch 241, § 13; SL 1977, ch 290; SL 1985, ch 297, § 16; SL 1999, ch 190, § 1; SL 2001, ch 199, § 1; SL 2004, ch 242, § 1; SL 2008, ch 191, § 5; SL 2018, ch 227, § 2.
S.D. Codified Laws § 36-10B-13 — SD Code / Title 36 / Chapter 10B / Section 36-10B-13
Restricting licensure
Status: in_force

The board may refuse to renew or grant a license or suspend, revoke, or restrict the license of a person, if under the procedures of chapter 1-26 the board determines the applicant:

(1) Is engaged in nutrition or dietetic practice in a manner harmful or dangerous to a client or to the public;

(2) Is guilty of fraud or misrepresentation in the procurement of any license under this chapter;

(3) Is convicted of a felony. The record of conviction or a certified copy of it shall be conclusive evidence of the conviction;

(4) Has failed to fulfill continuing education requirements;

(5) Has engaged in unethical or unprofessional conduct as defined in rules promulgated by the board;

(6) Has obtained a license by means of fraud, misrepresentation, or concealment of material facts.

Source: SL 1996, ch 240, § 13.
S.D. Codified Laws § 36-5-15 — SD Code / Title 36 / Chapter 5 / Section 36-5-15
Rules of practice governing chiropractors--Privileges
Status: in_force

Chiropractors are subject to the same uniform rules, both public and state, that govern physicians or healers of other schools as to births and deaths and the control of contagious diseases and are entitled to all the privileges granted other physicians or healers pertaining to the public health. These include the privilege of taking a complete, detailed, and accurate history for the purposes of doing a physical examination for participation in high school or other athletics, and of certifying that the patient is healthy and able to participate.

Source: SDC 1939, § 27.0510; SL 1939, ch 101, § 8; SDC Supp 1960, § 27.0508; SL 2000, ch 191, § 1.
S.D. Codified Laws § 36-5-15.3 — SD Code / Title 36 / Chapter 5 / Section 36-5-15.3
Education and experience requirement rules for practice of chiropractic radiography
Status: in_force

The board may, by rule promulgated pursuant to chapter 1-26 , establish minimum educational and training requirements and continuing education requirements to practice chiropractic radiography. The board may also require, or substitute, clinical experience in addition to, or in lieu of, educational and training requirements.

Source: SL 1985, ch 298, § 1; SL 2021, ch 173, § 22.
S.D. Codified Laws § 36-9A-13 — SD Code / Title 36 / Chapter 9A / Section 36-9A-13
Scope of certified nurse midwife practice
Status: in_force

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

(1) Conduct an advanced assessment;

(2) Order and interpret diagnostic procedures;

(3) Manage the provision of women's health care throughout the lifespan, from adolescence through post menopause, including:

(a) Establishing primary and differential diagnoses;

(b) Managing prenatal care;

(c) Managing intrapartum care; and

(d) Managing postpartum care of the mother-baby unit;

(4) Manage sexually transmitted infections in males;

(5) 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 ; and

(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, and diagnostic and supportive services including home health care, physical and occupational therapy;

(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, § 7; SL 1995, ch 213, § 3; SL 1999, ch 192, § 15; SL 2000, ch 188, § 3; SL 2006, ch 195, § 3; SL 2017, ch 171, § 17.