reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 28 - Nursing Facility Administrators › Section 36-28-8 - Exemption from medical educational qualifications for applicants certified by church or religious denomination.

36-28-8. Exemption from medical educational qualifications for applicants certified by church or religious denomination.
Notwithstanding the provisions of §36-28-12, nothing in this chapter or the rules thereunder shall be construed to require an applicant for a license as a nursing facility administrator or a temporary license, who is certified by a recognized church or religious denomination which teaches reliance on spiritual means alone for healing as having been approved to administer institutions certified by such church or denomination for the care and treatment of the sick in accordance with its teachings, to demonstrate proficiency in any medical techniques or to meet any medical educational qualifications or medical standards not in accord with the remedial care and treatment provided in such institutions.
Source:
SL 1969, ch 113, §4; SDCL Supp, §34-12A-6; SL 1986, ch 302, §102.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 28 - Nursing Facility Administrators › Section 36-28-9 - Adoption of rules by board for determining qualifications and competence of administrators--License holders deemed qualified.

36-28-9. Adoption of rules by board for determining qualifications and competence of administrators--License holders deemed qualified.
The board shall adopt rules pursuant to chapter 1-26 to determine the qualifications and competence of any person to serve as an administrator of a nursing facility under the provisions of this chapter. The holder of a license under the provisions of this chapter may serve as the administrator of a nursing facility.
Source:
SL 1969, ch 113, §10; SDCL Supp, §34-12A-8; SL 1996, ch 239, §1; SL 2000, ch 199, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 28 - Nursing Facility Administrators › Section 36-28-10 - Adoption of rules by board to develop, impose, and enforce licensing standards.

36-28-10. Adoption of rules by board to develop, impose, and enforce licensing standards.
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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 28 - Nursing Facility Administrators › Section 36-28-11 - Examination and investigation techniques--Fees.

36-28-11. Examination and investigation techniques--Fees.
The board may develop and apply appropriate techniques, including examination and investigation, for determining whether an individual meets the requirements of §36-28-10. Examination and re-examination fees are nonrefundable and shall be fixed in rules promulgated by the board pursuant to chapter 1-26 and may not exceed two hundred dollars.
Source:
SL 1969, ch 113, §11 (2); SDCL Supp, §34-12A-10; SL 1986, ch 302, §103; SL 2014, ch 186, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 28 - Nursing Facility Administrators › Section 36-28-12 - Age, character, training and examination requirements for administrator's license.

36-28-12. Age, character, training and examination requirements for administrator's license.
The board may issue a license to a qualified person and may establish qualification criteria pursuant to chapter 1-26. No license may be issued to a person as a nursing facility administrator unless the applicant:
(1)Is at least eighteen years of age, of good moral character, and of sound physical and mental health;
(2)Has satisfactorily completed training prescribed by the board, which shall, by virtue of its content and administration, present sufficient knowledge of the needs properly to be served by nursing facilities, laws governing the operation of nursing facilities and the protection of the interests of the residents therein, and the elements of good nursing facility administration; and
(3)Has passed an examination approved by the board designed to test the applicant's knowledge and competence regarding the subject matter referred to in subdivision (2) of this section.
Source:
SL 1969, ch 113, §4; SDCL Supp, §34-12A-11; SL 1986, ch 302, §104; SL 2014, ch 186, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 28 - Nursing Facility Administrators › Section 36-28-12.1 - Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees.

36-28-12.1. Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees.
Each applicant for licensure as a nursing facility administrator in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the board all information obtained as a result of the criminal background check. This information shall be obtained prior to permanent licensure of the applicant. The board may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the board. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation.
Source:
SL 2012, ch 193, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 28 - Nursing Facility Administrators › Section 36-28-13 - Emergency permit--Duration of permit--Rules--Fee.

36-28-13. Emergency permit--Duration of permit--Rules--Fee.
The board may issue an emergency permit to practice as a nursing facility administrator for a period not to exceed one year to a qualified person filing a written application with the board. The board may adopt rules pursuant to chapter 1-26 regarding application procedures, renewal procedures, supervision, and the nonrefundable fee for an emergency permit which may not exceed four hundred dollars.
Source:
SL 1969, ch 113, §14; SDCL Supp, §34-12A-13; SL 1986, ch 302, §105; SL 1996, ch 239, §3; SL 2014, ch 186, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 28 - Nursing Facility Administrators › Section 36-28-14 - Issuance of license to license holder from another jurisdiction.

36-28-14. Issuance of license to license holder from another jurisdiction.
The board may issue a nursing facility administrator license to any person who holds a current license as a nursing facility administrator or equivalent license from another jurisdiction, if the board finds that the standards for licensure in such other jurisdiction are at least substantially equivalent to those prevailing in this state and that the applicant is otherwise qualified. The board may adopt, by rules promulgated pursuant to chapter 1-26, minimum requirements for qualification and a nonrefundable fee for reciprocal licensure which may not exceed five hundred dollars.
Source:
SL 1969, ch 113, §13; SDCL Supp, §34-12A-14; SL 1996, ch 239, §4; SL 2014, ch 186, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 28 - Nursing Facility Administrators › Section 36-28-15 - Initial fee for license.

36-28-15. Initial fee for license.
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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 28 - Nursing Facility Administrators › Section 36-28-16 - Transfer of license not authorized--Period of validity of license.

36-28-16. Transfer of license not authorized--Period of validity of license.
The board may license nursing facility administrators in accordance with this chapter and rules promulgated by the board pursuant to chapter 1-26. A nursing facility administrator license is not transferable and is valid until surrendered for cancellation or suspended or revoked for violation of this chapter or any rule promulgated pursuant to this chapter. A nursing facility administrator license that is not renewed by December thirty-first of even-numbered years expires and is no longer valid.
Source:
SL 1969, ch 113, §6; SDCL Supp, §34-12A-16; revised pursuant to SL 1972, ch 15, §4; SL 1986, ch 302, §107; SL 2014, ch 186, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 28 - Nursing Facility Administrators › Section 36-28-18 - Expiration and renewal of license--Fee.

36-28-18. Expiration and renewal of license--Fee.
Each nursing facility administrator license expires on December thirty-first of even-numbered years and is renewable biennially thereafter upon application to the board and payment of a renewal fee set in rule promulgated by the board pursuant to chapter 1-26. The renewal fee may not exceed five hundred dollars.
Source:
SL 1969, ch 113, §7; SDCL Supp, §34-12A-18; SL 1986, ch 302, §108; SL 1991, ch 315; SL 2000, ch 199, §4; SL 2008, ch 191, §67; SL 2014, ch 186, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 28 - Nursing Facility Administrators › Section 36-28-18.1 - Duplicate licenses.

36-28-18.1. Duplicate licenses.
The board may issue a duplicate license and may promulgate rules pursuant to chapter 1-26 and set a fee, which may not exceed one hundred dollars.
Source:
SL 1986, ch 302, §109; SL 2000, ch 199, §5; SL 2008, ch 191, §68; SL 2014, ch 186, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 28 - Nursing Facility Administrators › Section 36-28-18.2 - Application for inactive status--Reactivation--Fee.

36-28-18.2. Application for inactive status--Reactivation--Fee.
A licensed nursing facility administrator may file for inactive status and pay a fee of not more than three hundred dollars. The administrator may reactivate the license within five years of the date of inactivation by completing an application, paying the required fee, completing the continuing education requirement, passing the state examination, and fulfilling other requirements as determined by the length of inactive status, as prescribed by the board in rules promulgated pursuant to chapter 1-26.
Source:
SL 2000, ch 199, §8; SL 2014, ch 186, §16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 28 - Nursing Facility Administrators › Section 36-28-21.1 - Promulgation of rules.

36-28-21.1. Promulgation of rules.
The board may promulgate rules pursuant to chapter 1-26 to establish continuing education requirements for renewal of a license.
Source:
SL 1986, ch 302, §110; SL 2014, ch 186, §20.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 28 - Nursing Facility Administrators › Section 36-28-23 - Action by board for license violation--Revocation or suspension of license.

36-28-23. Action by board for license violation--Revocation or suspension of license.
The board may investigate and take appropriate action if it comes to the attention of the board that a licensee may have violated a provision of this chapter or a rule promulgated pursuant to this chapter. The board may revoke or suspend a license of any licensee violating any provision of this chapter and any rule promulgated pursuant to this chapter.
Source:
SL 1969, ch 113, §11 (5); SDCL Supp, §34-12A-23; revised pursuant to SL 1972, ch 15, §3; SL 2014, ch 186, §22.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 28 - Nursing Facility Administrators › Section 36-28-25 - Disposition of fees.

36-28-25. Disposition of fees.
Any fee collected under the provisions of this chapter shall be paid to the board, who shall keep the fee in a fund, which may be used and expended by the board to pay the compensation and travel expenses, pursuant to §3-9-2, of members and employees of the board and other expenses necessary for the board to administer and carry out the provisions of this chapter.
Source:
SL 1969, ch 113, §8; SDCL Supp, §34-12A-25; SL 1986, ch 27, §31; SL 2014, ch 186, §24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 28 - Nursing Facility Administrators › Section 36-28-28 - Severability of provisions.

36-28-28. Severability of provisions.
If any provisions of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
Source:
SL 1969, ch 113, §18; SDCL Supp, §34-12A-28.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-1 - Definitions.

36-29-1. Definitions.
Terms used in this chapter, unless the context otherwise requires, mean:
(1)"Athletic trainer," a person with specific qualifications as set forth in §36-29-3, whose responsibility is the prevention, evaluation, emergency care, treatment, and reconditioning of athletic injuries under the direction of the team or treating physician. The athletic trainer may use cryotherapy, which includes cold packs, ice packs, cold water immersion, and spray coolants; thermotherapy, which includes topical analgesics, moist hot packs, heating pads, infrared lamp, and paraffin bath; hydrotherapy, which includes whirlpool; and therapeutic exercise common to athletic training which includes stretching and those exercises needed to maintain condition; in accordance with a physician's written protocol. Any rehabilitative procedures recommended by a physician for the rehabilitation of athletic injuries which have been referred and all other physical modalities may be administered only following the prescription of the team or referring physician;
(2)"Board," the Board of Medical and Osteopathic Examiners as created by chapter 36-4.
Source:
SL 1984, ch 255, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-2 - Unlicensed practice as misdemeanor--Exemptions.

36-29-2. Unlicensed practice as misdemeanor--Exemptions.
It is a Class 2 misdemeanor for any person to practice or attempt to practice any of the activities of an athletic trainer without first obtaining a license pursuant to this chapter. Nothing in this chapter may be construed to prevent any person from serving as a student trainer, teacher-trainer, coach, or similar position, if that service is not primarily for compensation.
Source:
SL 1984, ch 255, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-3 - Qualifications for license--Issuance.

36-29-3. Qualifications for license--Issuance.
The Board of Medical and Osteopathic Examiners shall issue an athletic trainer license to any applicant who:
(1)Has a baccalaureate degree and has met the athletic training course requirements of a college or university approved by the board; and
(2)Has passed an examination approved by the board.
Source:
SL 1984, ch 255, §3; SL 2005, ch 204, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-3.1 - Temporary permit--Requirements--Restrictions.

36-29-3.1. Temporary permit--Requirements--Restrictions.
The board may grant a temporary permit to any applicant who has completed the education requirements of this chapter. Any applicant granted a temporary permit shall practice as an athletic trainer only under the supervision or oversight of a licensed physician, a licensed physical therapist, or a licensed athletic trainer. The temporary permit is valid for one hundred eighty days.
Source:
SL 1998, ch 238, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-4 - Practice of medicine not authorized--Licensees exempt.

36-29-4. Practice of medicine not authorized--Licensees exempt.
Nothing in this chapter may be construed to authorize the practice of medicine by any person. The provisions of this chapter do not apply to any person licensed pursuant to chapters 36-4 to 36-10, inclusive, while practicing pursuant to that license.
Source:
SL 1984, ch 255, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-5 - Exemptions from examination.

36-29-5. Exemptions from examination.
An applicant is exempt from the examination required by this chapter if:
(1)He satisfies the Board of Medical and Osteopathic Examiners that he is licensed or registered under the laws of a state or territory of the United States that imposes substantially the same requirements as those imposed by this chapter; and
(2)Pursuant to the laws of that state or territory, he has taken and passed an examination similar to that for which exemption is sought; and
(3)He has been certified by any national athletic trainer's organization to which the board has extended reciprocity.
Source:
SL 1984, ch 255, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-6 - Fees for determination of applicant's fitness.

36-29-6. Fees for determination of applicant's fitness.
The Board of Medical and Osteopathic Examiners shall, pursuant to chapter 1-26, set the fees to be paid by an applicant to determine his fitness to receive a license to practice athletic training. The fees may not exceed one hundred dollars.
Source:
SL 1984, ch 255, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-7 - Physical examination of applicant--Grounds for requiring--Cost--Denial of license.

36-29-7. Physical examination of applicant--Grounds for requiring--Cost--Denial of license.
If a majority of the board members have reason to suspect that the physical or mental health of any applicant will jeopardize or endanger those who seek assistance from him, the Board of Medical and Osteopathic Examiners shall require the applicant to have a physical examination by a medical examiner selected by the board. The board shall pay the cost of the examination. If the medical examiner confirms that the person's physical or mental health will jeopardize or endanger those who seek relief from the applicant, the board may deny the application for a license until the applicant furnishes satisfactory proof of being physically and mentally competent to practice athletic training.
Source:
SL 1984, ch 255, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-8 - Athletic training committee--Appointment--Terms--Duties.

36-29-8. Athletic training committee--Appointment--Terms--Duties.
The board shall appoint an athletic training committee composed of three residents of this state who are licensed to practice athletic training in the state. This committee shall meet at least annually or as necessary to conduct business. The committee shall assist the board in conducting exams and shall assist the board in all matters pertaining to the licensure, practice and discipline of those licensed to practice athletic training in this state and the establishment of rules pertaining to athletic training. Each committee member shall serve a term of three years. No committee member may be appointed to more than three consecutive full terms. If a vacancy arises due to death, retirement, or removal from the state, the vacancy shall be filled in the same manner as an original appointment. The member shall serve the remainder of the unexpired term. The appointment to an unexpired term is not considered a full term. The committee shall meet the requirements of chapter 1-25 regarding open meetings.
Source:
SL 1984, ch 255, §8; SL 2005, ch 199, §68; SL 2005, ch 204, §2; SL 2020, ch 167, § 7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-9 - Frequency of examinations--Place.

36-29-9. Frequency of examinations--Place.
The Board of Medical and Osteopathic Examiners shall hold at least one examination each year and may hold additional examinations from time to time at places designated by the board.
Source:
SL 1984, ch 255, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-10 - Reexaminations.

36-29-10. Reexaminations.
Any applicant failing to pass the examination provided by this chapter may, within one year, be reexamined upon payment of an additional fee to be set by the Board of Medical and Osteopathic Examiners. Two reexaminations shall exhaust the privilege under the original application.
Source:
SL 1984, ch 255, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-11 - Expiration of license--Renewal--Fee.

36-29-11. Expiration of license--Renewal--Fee.
Any license issued by the Board of Medical and Osteopathic Examiners shall expire on the first day of July of the first year following its issuance. A license may be renewed every year upon the payment of a fee set by the board, by rule promulgated pursuant to chapter 1-26. The fee may not exceed fifty dollars.
Source:
SL 1984, ch 255, §11; SL 2008, ch 191, §69.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-12 - Display of license.

36-29-12. Display of license.
Each athletic trainer licensee shall be conspicuously displayed at the place of practice of the licensee within thirty days after issuance of the license.
Source:
SL 1984, ch 255, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-13 - Publication of list of licensees.

36-29-13. Publication of list of licensees.
The Board of Medical and Osteopathic Examiners shall annually publish a list of names and addresses of all licensed athletic trainers.
Source:
SL 1984, ch 255, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-14 - Continuing education requirements--Waiver.

36-29-14. Continuing education requirements--Waiver.
Continuity education shall be prescribed pursuant to chapter 1-26 by the Board of Medical and Osteopathic Examiners as a further requirement for renewal of any license. In no instance may the board require a greater number of hours of annual continuing education study than are available within the state and are approved by the board. The board may waive the continuing education requirement in case of certified illness or undue hardship.
Source:
SL 1984, ch 255, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-15 - Forfeiture of license by failure to renew--Restoration--Limitation--Continuing education.

36-29-15. Forfeiture of license by failure to renew--Restoration--Limitation--Continuing education.
Failure of a licensee to renew a license on or before the first day of July of the year of expiration constitutes a forfeiture of the license. Any person who has forfeited a license under this chapter may have it restored by making written application and by payment of the renewal fee for the current term. However, late renewal of a license may not be granted more than five years after its expiration. The board may establish, pursuant to §36-29-14, additional continuing education requirements for late license renewals.
Source:
SL 1984, ch 255, §15; SL 2005, ch 204, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-17 - Rules and regulations--Practice standards.

36-29-17. Rules and regulations--Practice standards.
The Board of Medical and Osteopathic Examiners may adopt rules and regulations that set standards for professional practice for licensed athletic trainers and other rules and regulations as may be reasonably necessary for the administration of this chapter and to carry out its purpose. All rules and regulations made by the board pursuant to this chapter shall be adopted and amended in accordance with the provisions of chapter 1-26.
Source:
SL 1984, ch 255, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-18 - Grounds for revocation, suspension, or cancellation of license.

36-29-18. Grounds for revocation, suspension, or cancellation of license.
The license of an athletic trainer may be revoked, suspended, or canceled upon any one of these grounds:
(1)The licensee is guilty of fraud in the practice of athletic training or fraud or deceit in the licensee's admission to the practice of athletic training;
(2)The licensee has been convicted of a felony during the past five years. The conviction of a felony is the conviction of any offense, which if committed within the State of South Dakota would constitute a felony under its laws;
(3)The licensee is engaged in the practice of athletic training under a false or assumed name and has not registered that name pursuant to chapter 37-11, or is impersonating another practitioner of a like or different name;
(4)The licensee is addicted to the habitual use of intoxicating liquors, narcotics, or stimulants to the extent as to incapacitate the licensee from the performance of the licensee's professional duties;
(5)The physical or mental condition of the licensee is determined by a medical examiner to be such as to jeopardize or endanger those who seek relief from the licensee. A majority of the Board of Medical and Osteopathic Examiners may demand an examination of the licensee by a competent medical examiner selected by the board at the board's expense. If the licensee fails to submit to the examination, this constitutes immediate grounds for suspension of the licensee's license;
(6)The licensee obtains or attempts to obtain a license, certificate, or renewal thereof by bribery or fraudulent representation;
(7)The licensee receives direct compensation from individuals or third party payees for services rendered. However, a licensee may receive compensation from any entity sponsoring an athletic event for athletic training services provided to athletes participating in the event. For the purposes of this subdivision, direct compensation is compensation other than that received by the employing institution or athletic organization;
(8)The licensee makes a false statement in connection with any application under this chapter;
(9)The licensee makes a false statement on any form prescribed by the board pursuant to this chapter or the rules promulgated by the board pursuant to this chapter;
(10)The licensee conducts continued treatment and rehabilitation procedures on individuals other than those associated with the employing institution or athletic organization; or
(11)The licensee has violated any provision of this chapter or the rules promulgated pursuant to this chapter.
Source:
SL 1984, ch 255, §18; SL 2009, ch 193, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-19 - Initiation of proceedings to cancel, suspend, or revoke license.

36-29-19. Initiation of proceedings to cancel, suspend, or revoke license.
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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-20 - Majority of board required to cancel, suspend, revoke, or reissue license.

36-29-20. Majority of board required to cancel, suspend, revoke, or reissue license.
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 of Medical and Osteopathic Examiners are present at the hearings. The decision of the board to suspend, revoke, or cancel a license requires a majority vote of all the board members.
Source:
SL 1984, ch 255, §20.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-21 - Procedure to cancel, suspend, or revoke license.

36-29-21. Procedure to cancel, suspend, or revoke license.
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 1984, ch 255, §21.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-22 - Appeal from board action concerning refusal, cancellation, suspension, or revocation of license.

36-29-22. Appeal from board action concerning refusal, cancellation, suspension, or revocation of license.
Any party feeling aggrieved by any acts, rulings, or decisions of the Board of Medical and Osteopathic Examiners relating to refusal to grant or to cancellation, revocation, or suspension of a license may appeal pursuant to chapter 1-26.
Source:
SL 1984, ch 255, §22.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-23 - Reinstatement or reissuance of license canceled, suspended or revoked.

36-29-23. Reinstatement or reissuance of license canceled, suspended or revoked.
Upon written application establishing compliance with existing licensing requirements and for reasons the Board of Medical and Osteopathic Examiners deems sufficient, the board, for good cause shown, by majority vote, may, under the conditions it may impose, reinstate or reissue a license to any person whose license has been canceled, suspended, or revoked. Upon suspension of a license, the board may provide for automatic reinstatement thereof after a specified fixed period of time.
Source:
SL 1984, ch 255, §23.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-24 - Records of licensees maintained--Certified transcript as evidence--Copies furnished--Fee.

36-29-24. Records of licensees maintained--Certified transcript as evidence--Copies furnished--Fee.
The secretary of the Board of Medical and Osteopathic Examiners shall keep a record book in which are entered the names of all persons to whom licenses have been granted under this chapter, the license number of each, and the date of granting the license and its renewal and other matters of record. This book is a book of records, and a transcript of any record therein or a license that is not entered therein, the name and license number of the date of granting the license to a person charged with a violation of any of the provisions of this chapter, certified under the hand of the secretary, and the seal of the board, shall be admitted as evidence in any of the courts of this state. The original books, records, and papers of the board shall be kept at the office of the secretary of the board. The secretary shall furnish any person making an application a copy of any requested record, certified by him as secretary, upon payment of a fee of twenty-five cents per page.
Source:
SL 1984, ch 255, §24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-25 - Enforcement duties of board.

36-29-25. Enforcement duties of board.
In addition to the duties set forth elsewhere in this chapter, the Board of Medical and Osteopathic Examiners shall:
(1)Recommend prosecutions for violations of this chapter to the appropriate state's attorneys; and
(2)Recommend to the attorney general the bringing of civil actions to seek injunctions and other relief for violations of this chapter.
Source:
SL 1984, ch 255, §25.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-26 - Investigation and report of violations.

36-29-26. Investigation and report of violations.
The Board of Medical and Osteopathic Examiners shall investigate every alleged violation of this chapter pursuant to the procedures set forth in chapter 36-1C. If the alleged violation is committed by a nonlicensee, the board shall report the same to the proper law enforcement officials wherein the violation is committed.
Source:
SL 1984, ch 255, §26; SL 2021, ch 168, § 39.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-27 - Injunction against violation--Alternate to criminal prosecution.

36-29-27. Injunction against violation--Alternate to criminal prosecution.
Any person violating the provisions of this chapter may be enjoined from further violations by a suit brought by 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 is an alternate to criminal proceedings, and the commencement of one proceeding by the Board of Medical and Osteopathic Examiners constitutes an election.
Source:
SL 1984, ch 255, §27.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-28 - Violation as misdemeanor.

36-29-28. Violation as misdemeanor.
Any person who violates any of the provisions of this chapter is guilty of a Class 2 misdemeanor.
Source:
SL 1984, ch 255, §28.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-29 - Expenses of board limited.

36-29-29. Expenses of board limited.
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 1984, ch 255, §29.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 29 - Athletic Trainers › Section 36-29-30 - Practicing athletic trainers--Qualifications for license--Limitation on application.

36-29-30. Practicing athletic trainers--Qualifications for license--Limitation on application.
Any person actively engaged as an athletic trainer in the state on July 1, 1984, shall be issued a license if he submits proof of experience and credentials during the previous twelve months satisfactory to the initial athletic training advisory committee of this board, has a baccalaureate degree and if he pays the license fee required by this chapter. For the purpose of this section a person is actively engaged as an athletic trainer if he is employed as an athletic trainer by an educational institution for the duration of the institution's year or performs the duties of an athletic trainer as a major responsibility of his employment by a professional athletic organization or other athletic organization for the length of the athletic organization's season or meets equivalent criteria as determined by the board. No application for licensure under this section may be permitted after July 1, 1985.
Source:
SL 1984, ch 255, §30.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 30 - Polygraph Examiners › Section 36-30-1 - Definitions.

36-30-1. Definitions.
Terms as used in this chapter and §23-3-35 mean:
(1)"Polygraph," an instrument which records permanently and simultaneously a subject's cardiovascular and respiratory patterns or other physiological changes pertinent to the detection of deception;
(2)"Polygraph examiner," a person who uses a polygraph to test or question individuals for the purpose of detecting deception.
Source:
SL 1984, ch 174, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 30 - Polygraph Examiners › Section 36-30-2 - License required--Violation as misdemeanor.

36-30-2. License required--Violation as misdemeanor.
No person may question individuals using a polygraph for the purpose of detecting deception unless the person is a licensed polygraph examiner. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1984, ch 174, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 30 - Polygraph Examiners › Section 36-30-3 - Qualifications for license--Application--Fee.

36-30-3. Qualifications for license--Application--Fee.
A person may receive a license as a polygraph examiner, which is valid for three years if the person:
(1)Establishes that he or she is a person of good moral character;
(2)Has satisfactorily completed at least six weeks of study in the use of a polygraph in detection of deception or establishes that he or she is an experienced and competent polygraph examiner based upon work experience; and
(3)Submits an application to the Office of the Attorney General along with a nonrefundable seventy-five dollar license fee.
Source:
SL 1984, ch 174, §4; SL 2006, ch 201, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-2 - Occupational therapy committee--Appointment--Terms--Duties--Qualifications.

36-31-2. Occupational therapy committee--Appointment--Terms--Duties--Qualifications.
The board shall appoint an occupational therapy committee composed of three registered occupational therapists or two registered occupational therapists and one certified occupational therapy assistant. The committee shall assist the Board of Examiners in approving qualifications of persons applying for a license to practice occupational therapy in the state and the promulgation of rules pertaining to occupational therapy, including guidelines for continuing competency. The committee shall meet at least annually or as necessary to conduct business. Each committee member shall serve a term of three years. No member may serve more than three consecutive full terms. Each person nominated to serve on the committee shall have the following qualifications:
(1)The person shall be a resident of the state;
(2)The person shall be licensed to practice occupational therapy in the state; and
(3)The person shall have practiced occupational therapy a minimum of three years.
If any vacancy arises on the committee, the vacancy shall be filled in the same manner as an original appointment. The member shall serve the remainder of the unexpired term. The appointment to an unexpired term is not considered a full term. The committee shall meet the requirements of chapter 1-25 regarding open meetings.
Source:
SL 1986, ch 323, §2; SL 2005, ch 199, §70; SL 2020, ch 167, § 8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-3 - Practice or representation as occupational therapist by unlicensed person as misdemeanor.

36-31-3. Practice or representation as occupational therapist by unlicensed person as misdemeanor.
It is a Class 2 misdemeanor for any person to practice occupational therapy or represent himself as an occupational therapist or use in connection with his name the words or letters "OTR"; "OTR/L"; "Occupational Therapist, Registered"; "Occupational Therapist, Registered/Licensed"; "Certified Occupational Therapy Assistant"; "COTA"; "COTA/L"; "Certified Occupational Therapy Assistant/Licensed"; or any other letters, words or insignia indicating or implying that he is an occupational therapist or occupational therapy assistant, or as being able to practice occupational therapy, or to render occupational therapy services in this state unless he is licensed under the provisions of this chapter.
Source:
SL 1986, ch 323, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-4 - Certain activities not proscribed or restricted.

36-31-4. Certain activities not proscribed or restricted.
Nothing in this chapter may be construed as preventing or restricting the practice, services or activities of:
(1)Any person licensed in this state by any other law from engaging in the profession or occupation for which he is licensed; or
(2)Any person employed as an occupational therapist or occupational therapy assistant by the government of the United States or any agency of it, if such person provides occupational therapy solely under the direction or control of the organization by which he is employed; or
(3)Any person pursuing a supervised course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program, if the person is designated by a title which clearly indicates his status as a student or trainee; or
(4)Any person fulfilling the supervised fieldwork experience requirements of subdivision 36-31-6 (4), if the experience constitutes a part of the experience necessary to meet the requirement of that section; or
(5)Any person employed as an occupational therapy aide; or
(6)Any person performing occupational therapy services in the state if these services are performed for no more than ten days in a calendar year in association with an occupational therapist licensed under this chapter, if:
(a)The person is licensed under the law of another state which has licensure requirements at least as stringent as the requirements of this chapter, or
(b)The person meets the requirements for certification as an occupational therapist, registered or a certified occupational therapy assistant, established by the American occupational therapy association; or
(7)Any person when providing therapy as related services as defined in a student's individualized educational plan, the therapy shall not be an activity which supplants or duplicates the educational instruction program provided by the teaching profession.
Source:
SL 1986, ch 323, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-5 - Limited permit--Duration--Renewal.

36-31-5. Limited permit--Duration--Renewal.
The board may grant a limited permit to any person who has completed the education and experience requirements of this chapter. This permit allows the person to practice occupational therapy under the supervision of or in consultation with a licensed occupational therapist. This permit is valid until the person is issued a license under §36-31-10, or until the results of the examination taken by the person are available to the board. If the person fails the examination, the permit expires.
Source:
SL 1986, ch 323; SL 2004, ch 251, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-6 - Application for licensure--Requirements.

36-31-6. Application for licensure--Requirements.
Any applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file a written application provided by the board, showing to the satisfaction of the board that he meets the following requirements:
(1)Residence: Applicant need not be a resident of this state;
(2)Character: Applicant shall be of good moral character;
(3)Education: Applicant shall present evidence satisfactory to the board of having successfully completed the academic requirements of an educational program in occupational therapy recognized by the board:
(a)The occupational therapy educational program must be accredited by the committee on allied health education and accreditation/American Medical Association in collaboration with the American Occupational Therapy Association;
(b)The occupational therapy assistant educational program must be approved by the American Occupational Therapy Association.
(4)Experience: Applicant shall submit to the board evidence of having successfully completed a period of supervised fieldwork experience arranged by the recognized educational institution where he met the academic requirements or by the nationally recognized professional association:
(a)For an occupational therapist, a minimum of six months of supervised fieldwork experience is required;
(b)For an occupational therapy assistant, a minimum of two months of supervised fieldwork experience is required.
(5)Examination: An applicant for licensure as an occupational therapist or as an occupational therapy assistant shall pass an examination approved by the board upon recommendation by the occupational therapy committee;
(6)Certification: In order to apply physical agent modalities as defined in § 36-31-1, an occupational therapist or occupational therapist assistant is qualified pursuant to this subdivision, as follows:
(a)Has successfully completed twenty-five hours of American Occupational Therapy Association or American Physical Therapy Association approved education covering physical agent modalities and completed a supervised mentorship to include five case studies on each class of modality to be incorporated into patient care;
(b)Is certified as a hand therapist by the Hand Therapy Certification commission or other equivalent entity recognized by the board; or
(c)Has completed education during a basic occupational therapy educational program that included demonstration of competencies on each class of the physical agent modalities.
A supervising therapist or mentor may be a physical therapist, a certified hand therapist, or an occupational therapist who has completed a supervised mentorship and has five years of clinical experience utilizing each class of physical agent modalities; or an occupational therapist who has graduated from an occupational therapy program whose curriculum includes physical agent modality education.
Source:
SL 1986, ch 323, §6; SL 2005, ch 205, §2; SL 2021, ch 175, § 8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-7 - Waiver of education requirements.

36-31-7. Waiver of education requirements.
The education requirements of subsection 36-31-6(3)(a) are waived if the applicant:
(1)Has practiced as an occupational therapy assistant for four years;
(2)Has completed the requirements of subsection 36-31-6(4)(a) before January 1, 1988; and
(3)Has passed the examination for occupational therapists.
Source:
SL 1986, ch 323, §7.