reglab/housing_qa huggingface dataset:
SD Codified L § 36-34-21 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 34 - Addiction And Prevention Professionals|Section 36-34-21 - Grounds for disciplinary sanctions--Hearing--Notice.

36-34-21. Grounds for disciplinary sanctions--Hearing--Notice.Any practitioner subject to this chapter shall practice in accordance with the standards established by the board and is subject to the exercise of the disciplinary sanctions enumerated in §36-34-23 if, after a hearing in the manner provided in chapter 1-26, the board finds that:(1)A practitioner has employed or knowingly cooperated in fraud or material deception in order to obtain a certificate or license to practice the profession, or has engaged in fraud or material deception in the course of professional services or activities;(2)A practitioner has been convicted in any court of a felony;(3)A practitioner has engaged in or permitted the performance of unacceptable patient care by the practitioner or by auxiliaries working under the practitioner's supervision due to any deliberate or negligent act or failure to act;(4)A practitioner has knowingly violated any provision of this chapter or board rules;(5)A practitioner has continued to practice although the practitioner has become unfit to practice due to professional incompetence, failure to keep abreast of current professional theory or practice, physical or mental disability, or addiction or severe dependency upon or use of alcohol or other drugs which endanger the public by impairing a practitioner's ability to practice safely;(6)A practitioner has engaged in lewd or immoral conduct in connection with the delivery of addiction counseling or prevention services to consumers;(7)A practitioner has or is employing or assisting an uncertified or unlicensed person to hold himself or herself out as a certified or licensed addiction counselor or certified prevention specialist; (8)A practitioner submitted false, misleading, or inaccurate information to the board in obtaining issuance or renewal of recognition, certification, or licensure; or(9)A practitioner has failed to provide information or documents requested by the board in the investigation or prosecution of a professional or ethical complaint filed with the board.Each legally required notice shall be sent via ordinary first-class mail to the most recent address that the practitioner has reported to the board. The practitioner has the duty to maintain an accurate and current mailing address with the board. Source: SL 2004, ch 253, §22; SL 2013, ch 183, §21.
SD Codified L § 36-34-22 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 34 - Addiction And Prevention Professionals|Section 36-34-22 - Physical or mental examination--Summary revocation procedures on failure to comply.

36-34-22. Physical or mental examination--Summary revocation procedures on failure to comply.The board may, in a disciplinary proceeding, order a practitioner to submit to a reasonable physical or mental examination if the practitioner's physical or mental capacity to practice safely is at issue. Failure to comply with a board order to submit to a physical or mental examination renders a practitioner liable to the summary revocation procedures described in §36-34-24. Source: SL 2004, ch 253, §23.
SD Codified L § 36-34-23 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 34 - Addiction And Prevention Professionals|Section 36-34-23 - Sanctions--Withdrawal of probation--Certification or licensure during appeal.

36-34-23. Sanctions--Withdrawal of probation--Certification or licensure during appeal.The board may impose any of the following sanctions, singly or in combination, if the board finds that a practitioner has violated any part of §36-34-21:(1)Revoke a practitioner's certification or license to practice for an indefinite length of time;(2)Suspend a practitioner's certification or license for a specific or indefinite length of time;(3)Censure a practitioner;(4)Issue a letter of reprimand;(5)Place a practitioner on probationary status and require the practitioner to report regularly to the board on the matters which are the basis for probation;(6)Limit the practitioner's practice to areas prescribed by the board and continue to renew professional education until a satisfactory degree of skill has been attained in those areas which are the basis of the probation;(7)Require the practitioner to reimburse the board in an amount equal to the costs incurred for the investigation and disciplinary hearing including the amount paid by the board for legal expenses, attorney fees, court reporters, and any mediator or hearing officer, provided there is clear and convincing evidence of wrongdoing on the part of the practitioner.The board may withdraw the probation if the board finds the deficiencies that resulted in disciplinary action have been remedied.Certification or licensure shall remain in effect during the pendency of an appeal unless suspended under §36-34-24. Source: SL 2004, ch 253, §24; SL 2013, ch 183, §22.
SD Codified L § 36-34-24 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 34 - Addiction And Prevention Professionals|Section 36-34-24 - Summary suspension--Hearing--Appeal.

36-34-24. Summary suspension--Hearing--Appeal.The board may summarily suspend a practitioner's recognition, certification, or licensure in advance of a final adjudication or during the appeals process if the board finds that a practitioner would represent a clear and immediate danger to the public health and safety if the practitioner were allowed to continue to practice. A practitioner whose recognition, certification, or licensure is suspended under this section is entitled to a hearing before the board within twenty days after the effective date of the suspension. The practitioner may subsequently appeal the suspension to circuit court in accordance with chapter 1-26. Source: SL 2004, ch 253, §25; SL 2013, ch 183, §23.
SD Codified L § 36-34-25 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 34 - Addiction And Prevention Professionals|Section 36-34-25 - Reinstatement or new recognition, certification, or license--Costs of suspension or revocation.

36-34-25. Reinstatement or new recognition, certification, or license--Costs of suspension or revocation.Any practitioner whose recognition, certification, or license to practice has been suspended or revoked may be reinstated or a new recognition, certification, or license may be issued, as the case may be, if in the discretion of the board, such action is warranted. The board may require the applicant to pay all costs of the proceedings resulting in the applicant's suspension or revocation including the amount paid by the board for legal expenses and attorney fees. Source: SL 2004, ch 253, §26; SL 2013, ch 183, §24.
SD Codified L § 36-34-26 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 34 - Addiction And Prevention Professionals|Section 36-34-26 - Allegations--Burden of proof.

36-34-26. Allegations--Burden of proof.In the prosecution of any person for violation of this chapter, it is not necessary to allege or prove lack of valid recognition, certification, or licensure. Proof of recognition, certification, or licensure is a matter of defense to be established by the defendant. Source: SL 2004, ch 253, §27; SL 2013, ch 183, §25.
SD Codified L § 36-34-27 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 34 - Addiction And Prevention Professionals|Section 36-34-27 - Application of chapter to ongoing recognition, certification, or licensure.

36-34-27. Application of chapter to ongoing recognition, certification, or licensure.Nothing in this chapter may be construed to limit the ongoing recognition, certification, or licensure of any person at the level of recognition, certification, or licensure and for the time period established under the former South Dakota Chemical Dependency Counselor Certification Board or the Certification Board for Alcohol and Drug Professionals. Source: SL 2004, ch 253, §28; SL 2013, ch 183, §26.
SD Codified L § 36-35-1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-1 - Definitions.

36-35-1. Definitions.Terms in this chapter mean:(1)"Board," the Board of Massage Therapy;(2)"Licensee," a person who meets the qualifications for licensure pursuant to this chapter and holds a valid license to practice massage therapy;(3)"Massage," the systematic mobilization of the soft tissues of the body through the application of hands, feet, or devices for the purposes of therapy, relaxation, or education through means which include:(a)Pressure, friction, stroking, rocking, kneading, percussion, compression, or stretching;(b)External application of water, heat, cold, lubricants, or other topical agents; or(c)The use of devices that mimic or enhance the actions of human hands or feet; and(4)"Practice of massage therapy," the performance of massage for a fee or other compensation or holding oneself out to the public as performing massage. Source: SL 2005, ch 206, §1; SL 2016, ch 197, §1.
SD Codified L § 36-35-2 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-2 - Appointment of board members--Terms--Vacancy.

36-35-2. Appointment of board members--Terms--Vacancy.The board consists of five members appointed by the Governor. The term of a board member is three years. One member of the board shall be a person not licensed by the board. Four members of the board shall be persons licensed by the board. The Governor shall fill any vacancy by appointment to complete the unexpired portion of the vacancy. No person may serve more than three consecutive full terms on the board. The appointment to an unexpired term is not considered a full term.The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment. Source: SL 2005, ch 206, §2; SL 2012, ch 16, §14; SL 2013, ch 176, §8; SL 2016, ch 197, §2.
SD Codified L § 36-35-3 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-3 - Resignation of board members--Effective date.

36-35-3. Resignation of board members--Effective date.Any member of the board may resign by giving written notice to the board and to the Governor. Resignations are effective when delivered to the Governor and the board. Source: SL 2005, ch 206, §3.
SD Codified L § 36-35-4 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-4 - Selection of officers.

36-35-4. Selection of officers.The board shall annually elect from its members a president, vice-president, and secretary. Source: SL 2005, ch 206, §4; SL 2016, ch 197, §3.
SD Codified L § 36-35-5 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-5 - Meetings of board.

36-35-5. Meetings of board.The board shall hold at least two meetings per year at a place and time set by the board. The board may hold additional meetings at a time and place set by the president or a majority of the board. Source: SL 2005, ch 206, §5; SL 2016, ch 197, §4.
SD Codified L § 36-35-6 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-6 - Quorum--Majority vote.

36-35-6. Quorum--Majority vote.Three board members present at any meeting constitute a quorum. No board action may occur unless approved by a majority vote of the entire board. Source: SL 2005, ch 206, §6.
SD Codified L § 36-35-6.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-6.1 - Powers of board.

36-35-6.1. Powers of board.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.
SD Codified L § 36-35-7 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-7 - Compensation of board members.

36-35-7. Compensation of board members.Board members shall receive a per diem set pursuant to §4-7-10.4 and expenses at the same rate as other state employees while actually engaged in official duties. Source: SL 2005, ch 206, §7.
SD Codified L § 36-35-8 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-8 - Display of license--Proof of licensure.

36-35-8. Display of license--Proof of licensure.Any person engaged in the practice of massage in this state shall conspicuously display a valid license from the board in the licensee's regular place of business. If the licensee is providing massage therapy outside of the licensee's regular place of business, the licensee shall, upon request, produce photo identification and proof of licensure. Failure to comply with this section is a petty offense. Source: SL 2005, ch 206, §8; SL 2013, ch 184, §1; SL 2016, ch 197, §5.
SD Codified L § 36-35-9 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-9 - Use of fees.

36-35-9. Use of fees.Any fees collected under this chapter shall be used for the operation of the board and the implementation of this chapter. Source: SL 2005, ch 206, §9; SL 2013, ch 184, §2.
SD Codified L § 36-35-10 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-10 - Practice of massage without license or employment of unlicensed person as misdemeanor.

36-35-10. Practice of massage without license or employment of unlicensed person as misdemeanor.Any person who engages in the practice of massage or holds himself or herself out to the public as engaged in the practice of massage without a license issued pursuant to this chapter, or owns, operates or manages a business which knowingly employs or contracts with any unlicensed person to offer or provide massage therapy, is guilty of a Class 1 misdemeanor. The board may bring a civil action to enjoin any violation of this chapter. Source: SL 2005, ch 206, §10; SL 2013, ch 184, §3; SL 2016, ch 197, §6.
SD Codified L § 36-35-12 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-12 - Application for license--Qualifications--Appeal of denial.

36-35-12. Application for license--Qualifications--Appeal of denial.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.
SD Codified L § 36-35-12.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-12.1 - Temporary permit.

36-35-12.1. Temporary permit.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.
SD Codified L § 36-35-12.3 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-12.3 - Expiration of license.

36-35-12.3. Expiration of license.A license issued under this chapter is valid until September thirtieth following the date it is issued and automatically expires unless it is renewed. Source: SL 2013, ch 184, §8; SL 2016, ch 197, §9.
SD Codified L § 36-35-13 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-13 - Unprofessional conduct.

36-35-13. Unprofessional conduct.For the purposes of this chapter, any of the following acts constitute unprofessional conduct:(1)Conviction of or a plea of guilty to any felony, any crime involving or relating to the practice of massage, or any crime involving dishonesty or moral turpitude;(2)Providing the board false or misleading information on any application for a license or renewal of a license;(3)Willful misconduct or negligence in the practice of massage;(4)Exceeding the scope of practice of massage as defined in §36-35-1;(5)Engaging in any lewd or immoral conduct;(6)Making fraudulent charges for services;(7)Engaging in conduct which endangers the health or welfare of clients or other persons;(8)Failure to comply with any provision of this chapter; or(9)Engaging in any act that aids, abets, facilitates, or promotes a violation of this chapter. Source: SL 2005, ch 206, §13; SL 2013, ch 184, §9; SL 2015, ch 201, §3; SL 2016, ch 197, §10.
SD Codified L § 36-35-15 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-15 - Applicants licensed in other states.

36-35-15. Applicants licensed in other states.Notwithstanding the provisions of §36-35-12, the board may issue a license to an applicant licensed to practice massage therapy in another state if the applicant demonstrates the following qualifications:(1)Eighteen years of age or older;(2)Absence of unprofessional conduct;(3)Professional liability insurance pursuant to §36-35-21;(4)Verification from the authority that issued the applicant's license indicating the applicant is in good standing and currently licensed to practice; and(5)Experience and competency in massage indicated by education that substantially complies with subdivision 36-35-12(2) or verification of an active massage therapy practice in the state of licensure in the two years immediately preceding the date of application for licensure. For the purpose of this section, the term, active massage therapy practice, means the applicant has had at least two hundred hours of patient contact in the preceding two-year period. Source: SL 2005, ch 206, §15; SL 2013, ch 184, §10; SL 2016, ch 197, §12.
SD Codified L § 36-35-16 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-16 - Renewal of license.

36-35-16. Renewal of license.Any licensee holding a valid license under this chapter may renew that license by making application for renewal, paying the required renewal fee, and providing proof of compliance with the continuing education requirements set by the board. If the board has not received a license renewal application by the expiration date, the board shall notify the licensee within five days that the renewal application has not been received and that the licensee may not practice until the license is renewed. Any person who submits a license renewal application and provides proof of compliance with the continuing education requirements set by the board within thirty days after the expiration date may be granted a license renewal. Source: SL 2005, ch 206, §16; SL 2011, ch 187, §2; SL 2013, ch 184, §11; SL 2016, ch 197, §13.
SD Codified L § 36-35-17 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-17 - Application and license fees.

36-35-17. Application and license fees.Any applicant for a license under this chapter shall submit a nonrefundable application fee not to exceed one hundred dollars. Any person who has a license issued or renewed by the board shall submit a license fee in an amount not to exceed sixty-five dollars. Fees shall be set by the board by rule promulgated pursuant to chapter 1-26. Source: SL 2005, ch 206, §17; SL 2007, ch 223, §3; SL 2008, ch 191, §76.
SD Codified L § 36-35-18 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-18 - Duplicate license.

36-35-18. Duplicate license.The board may issue a duplicate license to a licensee upon request. Source: SL 2005, ch 206, §18; SL 2008, ch 191, §77; SL 2013, ch 184, §12.
SD Codified L § 36-35-18.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-18.1 - Inactive status.

36-35-18.1. Inactive status.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.
SD Codified L § 36-35-19 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 35 - Massage Therapists|Section 36-35-19 - Continuing education requirements.

36-35-19. Continuing education requirements.Any person licensed under this chapter shall complete eight hours of continuing education relating to competence in the practice of massage on a biennial basis of a type and from a facility or instructor approved by the board. The required continuing education hours may be obtained by electronic means. The board may waive the continuing education requirement upon proof of illness or hardship. Source: SL 2005, ch 206, §19; SL 2007, ch 223, §4; SL 2013, ch 184, §13.