reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-22 - Denial, revocation, or suspension for misconduct.

36-9C-22. Denial, revocation, or suspension for misconduct.
The board may deny, revoke, or suspend any license or application for licensure to practice as a certified professional midwife or certified professional midwife student in this state, and may take such other disciplinary or corrective action as the board deems appropriate upon proof that the license holder or applicant has:
(1)Committed fraud, deceit, or misrepresentation in procuring or attempting to procure a license;
(2)Aided or abetted an unlicensed person to practice as a certified professional midwife;
(3)Engaged in practice as a certified professional midwife under a false or assumed name and failed to register that name pursuant to chapter 37-11, or impersonated a license holder of a like or different name;
(4)Committed an alcohol or drug related act or offense that interferes with the ability to practice midwifery safely;
(5)Negligently, willfully, or intentionally acted in a manner inconsistent with the health and safety of those entrusted to the license holder's care;
(6)Had authorization to practice as a certified professional midwife denied, revoked, or suspended or had other disciplinary action taken in another state;
(7)Practiced in this state as a certified professional midwife without a valid license;
(8)Engaged in the performance of certified professional midwifery beyond the scope of practice authorized by §36-9C-13;
(9)Violated any provision of this chapter or rule promulgated pursuant to this chapter;
(10)Been convicted of a felony. The conviction of a felony means a conviction of any offense which, if committed in this state, would constitute a felony under state law; or
(11)Engaged in substandard, unprofessional, or dishonorable conduct.
Source:
SL 2017, ch 172, §22.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-23 - Procedures for revocation or suspension.

36-9C-23. Procedures for revocation or suspension.
Any proceeding related to the revocation or suspension of a license shall conform to the procedures set forth in chapter 1-26. A license may be revoked or suspended only at a hearing conducted in accordance with chapter 1-26.
Source:
SL 2017, ch 172, §23.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-24 - Examination of license holder or applicant by medical examiner.

36-9C-24. Examination of license holder or applicant by medical examiner.
The board may take action authorized by §36-9C-23 upon satisfactory showing that the physical or mental condition of the license holder or applicant is determined by a competent medical examiner to be such as to jeopardize or endanger the health of those entrusted to the license holder's or applicant's care. The board may demand an examination of a license holder or applicant by a competent medical examiner selected by the board at the board's expense. If a license holder fails to submit to the examination, the failure constitutes immediate grounds for suspension of the license holder's license.
Source:
SL 2017, ch 172, §24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-26 - Reissuance of revoked or suspended license.

36-9C-26. Reissuance of revoked or suspended license.
A revoked or suspended license may be reissued at the discretion of the board upon a finding of good cause.
Source:
SL 2017, ch 172, §26.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-27 - Prohibited conduct--Violation as misdemeanor.

36-9C-27. Prohibited conduct--Violation as misdemeanor.
No person may:
(1)Practice or offer to practice as a certified professional midwife or certified professional midwife student without being licensed pursuant to this chapter;
(2)Sell or fraudulently obtain or furnish a diploma, license, renewal of license, or any other record necessary to practice under this chapter or aid or abet in such actions;
(3)Practice as a certified professional midwife under cover of any diploma, license, renewal of license, or other record necessary to practice under this chapter that was issued unlawfully or under fraudulent representation;
(4)Use in connection with that person's name a sign, card, device, or other designation that implies that the person is a certified professional midwife without being licensed pursuant to this chapter; or
(5)Practice as a certified professional midwife during the time that the person's license has lapsed or has been revoked or suspended.
A violation of this section is a Class 1 misdemeanor.
Source:
SL 2017, ch 172, §27.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-28 - Violation by single act.

36-9C-28. Violation by single act.
It is 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 2017, ch 172, §28.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-29 - Injunction.

36-9C-29. Injunction.
The board may apply for an injunction in the circuit court for the county of the person's residence to enjoin any person who:
(1)Is practicing as a certified professional midwife without a license issued by the board;
(2)Is practicing as a certified professional midwife under a license that has lapsed or has been suspended or revoked;
(3)Is engaging as a certified professional midwife in the performance of functions beyond the scope of practice authorized by §36-9C-13; or
(4)Is, by reason of a physical or mental condition, endangering, or threatening to endanger, the health or safety of those entrusted to that person's care as a certified professional midwife.
Source:
SL 2017, ch 172, §29.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-30 - Temporary injunction.

36-9C-30. Temporary injunction.
Upon the filing of a verified complaint, the court, if satisfied by affidavit or otherwise, that the person is or has been engaging in unlawful or dangerous practice as described in §36-9C-29, may issue a temporary injunction, without notice or bond, enjoining that person from further practice as a certified professional midwife.
Source:
SL 2017, ch 172, §30.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-31 - Injunction as alternative to criminal proceedings.

36-9C-31. Injunction as alternative to criminal proceedings.
An action for injunction is an alternative to criminal proceedings, and the commencement of either proceeding by the board constitutes an election.
Source:
SL 2017, ch 172, §31.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-32 - Promulgation of rules.

36-9C-32. Promulgation of rules.
The board shall promulgate rules pursuant to chapter 1-26 pertaining to:
(1)Licensing and licenses;
(2)The practice and scope, pursuant to §36-9C-13, of certified professional midwives and certified professional midwife students;
(3)Fees;
(4)Approval of certified professional midwife education programs; and
(5)Criteria for low-risk pregnancy and delivery.
Source:
SL 2017, ch 172, §32; SL 2021, ch 168, § 22.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-33 - Informed consent document.

36-9C-33. Informed consent document.
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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-34 - Limitation of liability.

36-9C-34. Limitation of liability.
No other licensed health care provider or hospital or agent thereof is liable for an injury resulting from an act or omission by a certified professional midwife, even if the health care provider has consulted with or accepted a referral from the certified professional midwife.
Source:
SL 2017, ch 172, §34.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-35 - Newborn screenings.

36-9C-35. Newborn screenings.
A certified professional midwife shall comply with all newborn screenings required by state law and administrative rule.
Source:
SL 2017, ch 172, §37.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-36 - Consultation with physician or facility.

36-9C-36. Consultation with physician or facility.
A certified professional midwife shall consult with the client's selected physician or facility whenever there is a significant deviation during the client's pregnancy or birth, or with the newborn.
Source:
SL 2017, ch 172, §38.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-37 - Review of birth registration and reportable information--Report of neonatal or maternal mortality.

36-9C-37. Review of birth registration and reportable information--Report of neonatal or maternal mortality.
The board shall review birth registration and reportable information for each out-of-hospital birth for evaluation and quality management purposes. The certified professional midwife shall provide additional documentation to the board upon request for review. The certified professional midwife shall report within forty-eight hours to the board any neonatal or maternal mortality in a patient for whom the certified professional midwife has cared in the perinatal period.
Source:
SL 2017, ch 172, §39.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-18 - Definitions.

36-10-18. Definitions.
Terms used in §§36-10-18.1 through 36-10-52 mean:
(1)"Physical therapist," a person who is licensed or has obtained a compact privilege to practice physical therapy;
(2)"Physical therapist assistant," a person who is licensed or has obtained a compact privilege to assist in providing physical therapy under the supervision of a physical therapist; and
(3)"Supervision," the responsibility of a physical therapist to observe, direct, and review the work, records, and practice of a physical therapist assistant permitted by §36-10-35.7, to ensure that the physical therapist assistant renders good and safe treatment to the patient.
Source: SL 1955, ch 96, §1; SDC Supp 1960, §27.09A01; SDCL §36-10-1; SL 1972, ch 205, §1; SL 1978, ch 270, §1; SL 1996, ch 231, §1; SL 2017, ch 173, §1; SL 2020, ch 157, §3; SL 2022, ch 148, §1; SL 2023, ch 136, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-18.1 - Practice of physical therapy--Description.

36-10-18.1. Practice of physical therapy--Description.
The practice of physical therapy is the examination and evaluation of a patient with a mechanical, physiological, or developmental impairment, a functional limitation, a disability, or other similar condition to:
(1)Determine a diagnosis, prognosis, and therapeutic intervention;
(2)Alleviate any impairment or functional limitation by designing, implementing, and modifying therapeutic interventions that include therapeutic exercise, functional training in community or work reintegration, manual therapy techniques including soft tissue and joint mobilization, assistive and adaptive devices and equipment, bronchopulmonary hygiene, debridement and wound care, physical agents and mechanical modalities, therapeutic massage, electrotherapeutic modalities, and patient-related instruction;
(3)Prevent injury, impairment, functional limitation, and disability through the promotion and maintenance of fitness, health, and quality of life, in all age populations; and
(4)Provide consultation, education, and research.
Source: SL 1996, ch 231, §2; SL 2020, ch 157, §4; SL 2023, ch 136, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-18.3 - State Board of Physical Therapy--Creation.

36-10-18.3. State Board of Physical Therapy--Creation.
The State Board of Physical Therapy is created within the Department of Health.
The board shall:
(1)Exercise all statutorily prescribed functions and administrative functions; and
(2)Provide records, information, and reports to the secretary of the department, at the time and in the manner requested by the secretary.
Source: SL 2023, ch 136, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-18.4 - State Board of Physical Therapy--Membership.

36-10-18.4. State Board of Physical Therapy--Membership.
The State Board of Physical Therapy consists of:
(1)Four persons who are licensed to practice physical therapy in this state and have practiced physical therapy in this state for a period of five years immediately preceding the appointment;
(2)One person who is licensed as a physical therapist assistant in this state; and
(3)Two persons who are representatives of the public and have no association with or financial interest in the provision of health care.
The Governor shall appoint each member of the board.
Source: SL 2023, ch 136, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-18.5 - State Board of Physical Therapy--Terms--Vacancy.

36-10-18.5. State Board of Physical Therapy--Terms--Vacancy.
The term of office for each member of the State Board of Physical Therapy is four years and begins on July first. The Governor shall stagger the initial terms so that no more than two terms expire each year.
If a member's office is vacant, the Governor shall appoint a new member to complete the unexpired term.
A member may not serve for more than two consecutive full terms. A member who is appointed to fill an unexpired term is not considered to have served a full term, unless the duration of that service exceeds two years.
Source: SL 2023, ch 136, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-18.6 - State Board of Physical Therapy--Member removal.

36-10-18.6. State Board of Physical Therapy--Member removal.
The Governor may remove a member of the State Board of Physical Therapy for misconduct, incompetence, or neglect of duty.
The Governor shall remove a member who ceases to possess the qualifications required by §36-10-18.4.
Source: SL 2023, ch 136, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-18.7 - State Board of Physical Therapy--Officers--Meetings.

36-10-18.7. State Board of Physical Therapy--Officers--Meetings.
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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-18.8 - State Board of Physical Therapy--Compensation--Reimbursement for expenses.

36-10-18.8. State Board of Physical Therapy--Compensation--Reimbursement for expenses.
Each member of the State Board of Physical Therapy is entitled to receive per diem compensation and reimbursement for expenses, as provided for in §4-7-10.4, if the member is performing duties as directed by the board.
Source: SL 2023, ch 136, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-18.9 - State Board of Physical Therapy--Board member immunity.

36-10-18.9. State Board of Physical Therapy--Board member immunity.
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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-24 - Unlicensed practice or use of title as misdemeanor.

36-10-24.Unlicensed practice or use of title as misdemeanor.
It is a Class 2 misdemeanor for any person not licensed under this chapter as a physical therapist or as a physical therapist assistant, or whose license has been suspended or revoked, or whose licensure has lapsed, to engage in the practice of physical therapy, unless exempt under the provisions of this chapter or, use in connection with their name the words or letters L.P.T., Licensed Physical Therapist; D.P.T., Doctor of Physical Therapy; L.P.T. A., Licensed Physical Therapist Assistant; Physical Therapist; Physio Therapist; or any other letters, words, or insignia indicating or implying that the person is a physical therapist or a physical therapist assistant.
Source:
SL 1955, ch 96, §10; SDC Supp 1960, §27.9956; SDCL §36-10-2; SL 1972, ch 205, §28; SL 1977, ch 190, §159; SL 1978, ch 270, §8; SL 1996, ch 231, §4; SL 2017, ch 173, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-25 - Other practitioners--Scope of practice.

36-10-25. Other practitioners--Scope of practice.
Persons licensed under this title, while practicing within the limits of their licensure, are not prohibited from doing so by this chapter.
Source: SL 1955, ch 96, §10; SDC Supp 1960, §27.9956; SDCL, §36-10-3; SL 1972, ch 205, §25; SL 2023, ch 136, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-26 - Prior licensees deemed licensed.

36-10-26. Prior licensees deemed licensed.
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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-27 - Application for licensure--Fee--Promulgation of rules.

36-10-27. Application for licensure--Fee--Promulgation of rules.
A person seeking licensure to practice physical therapy in this state shall:
(1)File a written 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 character; and
(4)Present evidence satisfactory to the board that the applicant has graduated from a physical therapy 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 an approved program accredited by an accrediting body recognized by the United States Department of Education or the Commission on Recognition of Postsecondary Accreditation; and
(b)The applicant has scored at least five hundred fifty on the TOEFL, obtained a passing score on a comparative nationally recognized 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.
Source: SL 1955, ch 96, §3; SDC Supp 1960, §27.09A03; SDCL §36-10-4; SL 1972, ch 205, §2; SL 1988, ch 300, §1; SL 1996, ch 231, §5; SL 2017, ch 173, §4; SL 2023, ch 136, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-27.1 - Criminal background check.

36-10-27.1. Criminal background check.
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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-29 - Issuance of license.

36-10-29. Issuance of license.
The State Board of Physical Therapy shall issue a license to each applicant who:
(1)Has passed a national examination, recognized by the board, with a grade acceptable to the board; and
(2)Meets the requirements for licensure under this chapter and rules promulgated by the board.
Source: SL 1955, ch 96, §7; SDC Supp 1960, §27.09A07; SDCL §36-10-11; SL 1972, ch 205, §4; SL 2017, ch 173, §6; SL 2023, ch 136, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-30 - Licensure without examination--Requirements.

36-10-30. Licensure without examination--Requirements.
The State Board of Physical Therapy may, without examination, issue a license to any applicant who:
(1)Is registered by the Federation of State Boards of Physical Therapy; or
(2)Has passed a national examination recognized by the board, with a grade acceptable to the board, and meets the requirements for licensure under this chapter and rules promulgated by the board.
Source: SL 1972, ch 205, §5; SL 2017, ch 173, §7; SL 2023, ch 136, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-31 - Licensure by reciprocity--Authorization.

36-10-31. Licensure by reciprocity--Authorization.
The State Board of Physical Therapy may, without examination, issue a license to any applicant who holds a license or certificate issued by a board empowered by law to issue a license to practice physical therapy in the District of Columbia or any state or territory in the United States, if the requirements for licensure of physical therapists in that state or territory were, at the date of issuance, substantially equal to the requirements set forth in this chapter.
Source: SL 1955, ch 96, §5; SDC Supp 1960, §27.09A05; SDCL, §36-10-9; SL 1972, ch 205, §5; SL 2023, ch 136, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-32 - Licensure by reciprocity--Application--Fee--Promulgation of rules.

36-10-32. Licensure by reciprocity--Application--Fee--Promulgation of rules.
A person seeking licensure by reciprocity shall:
(1)Apply to the State Board of Physical Therapy, using a form provided by the board;
(2)Provide the evidence required by this chapter and rules of the board; and
(3)Submit an application fee, in an amount established by the board, in rule pursuant to chapter 1-26, but not exceeding three hundred dollars.
Source: SL 1972, ch 205, §5; SL 1988, ch 300, §3; SL 2023, ch 136, §16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-33 - Licensure expiration--Renewal--Fee--Promulgation of rules--Forfeiture.

36-10-33. Licensure expiration--Renewal--Fee--Promulgation of rules--Forfeiture.
A license issued by the State Board of Physical Therapy, pursuant to this chapter, expires on January first of the second year following its issuance. A license may be renewed upon payment of a fee, in an amount established by the board, in rule pursuant to chapter 1-26, but not exceeding three hundred dollars.
Failure of a licensee to renew the license on or before July first of the second year following issuance constitutes a forfeiture of the license.
Source: SL 1955, ch 96, §8; SDC Supp 1960, §27.09A08; SDCL §36-10-13; SL 1972, ch 205, §14; SL 1988, ch 300, §4; SL 1999, ch 190, §3; SL 2008, ch 191, §24; SL 2017, ch 173, §8; SL 2023, ch 136, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-35.1 - Physical therapist assistant--Licensure--Fee--Promulgation of rules.

36-10-35.1. Physical therapist assistant--Licensure--Fee--Promulgation of rules.
A person seeking licensure as a physical therapist assistant shall:
(1)Apply to 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; and
(3)Present evidence satisfactory to the board of:
(a)Graduation from an accredited physical therapist assistant's education program recognized by the board; and
(b)Passage of a written examination, approved by the board, which tests the applicant's knowledge on subjects relating to physical therapy.
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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-35.2 - Physical therapist assistant--Licensure expiration and renewal.

36-10-35.2. Physical therapist assistant--Licensure expiration and renewal.
The State Board of Physical Therapy shall issue a physical therapist assistant license to a person who meets the requirements set forth in §36-10-35.1.
The license shall expire and may be renewed at the same time and in the same manner as provided for physical therapy licenses under §36-10-33.
Source: SL 1978, ch 270, §7; SL 1996, ch 231, §7; SL 2017, ch 173, §10; SL 2023, ch 136, §19.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-35.7 - Approved tasks for physical therapist assistant--Exclusions.

36-10-35.7. Approved tasks for physical therapist assistant--Exclusions.
A physical therapist assistant may perform, under the direction and supervision of a physical therapist, selected physical therapy procedures and related tasks. The following physical therapy services, however, shall only be performed by a physical therapist:
(1)Interpretation of referrals;
(2)Initial evaluation, including problem identification;
(3)Development of a plan of care which is based on the initial evaluation and which includes the physical therapy treatment goals;
(4)Interpretation of tests and measurements;
(5)Joint assessment and mobilization;
(6)Determination of the appropriate portions of the program to be delegated;
(7)Delegation and instruction of the services to be rendered by the physical therapist assistant including specific treatment program, precautions, special problems, or contraindicated procedures;
(8)Timely review of treatment documentation and reevaluation of the patient, treatment goals, and revision of the plan of care when indicated;
(9)Development of a patient's home program and discharge evaluation, and termination of care, or both; and
(10)Accountability for documentation of physical therapy treatment and dissemination of written and oral reports.
Source:
SL 1996, ch 231, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-35.8 - Supervision of physical therapist assistant.

36-10-35.8. Supervision of physical therapist assistant.
A physical therapist may not, at any one time, supervise more than the equivalent of two full-time physical therapist assistants. The supervising physical therapist shall register, with the State Board of Physical Therapy, the name and address of each physical therapist assistant whom the physical therapist is supervising. The registration must be on a form provided by the board, and submitted at least fifteen days prior to the date on which supervision is to commence.
The supervising physical therapist shall, within ten days of termination, provide written notification to the board, if the supervision of a physical therapist assistant is terminated. The supervising physical therapist may delegate responsibility for the supervision of a physical therapist assistant to another physical therapist, for a period not exceeding thirty days.
Source: SL 1996, ch 231, §14; SL 2017, ch 173, §11; SL 2023, ch 136, §20.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-35.9 - Standards of supervision.

36-10-35.9. Standards of supervision.
When supervising a physical therapist assistant's care of a patient at any setting, the supervising physical therapist shall comply with the following standards of supervision:
(1)The supervising physical therapist shall be accessible either in person or by telecommunications to the physical therapist assistant at all times while the physical therapist assistant is treating patients;
(2)The initial visit shall be made by the supervising physical therapist for evaluation of the patient and establishment of a plan of care;
(3)At least every five physical therapist assistant visits, there shall be a joint visit or a treatment rendered by the supervising physical therapist. The physical therapist assistant shall be supervised by the supervising physical therapist at least once every thirty calendar days. Every five physical therapist assistant visits or every thirty days, whichever occurs first, a documented conference with the physical therapist assistant outlining current treatment goals and program modifications shall occur. The supervising physical therapist shall make the final scheduled visit to terminate the plan of care; and
(4)Each visit by the supervising physical therapist shall include:
(a)A complete assessment of the patient;
(b)A review of the plan of care with appropriate revision or termination; and
(c)Assessment and recommendation for utilization of outside resources.
Source:
SL 1996, ch 231, §15; SL 2017, ch 173, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-36 - Promulgation of rules--Licensure--Fees--Discipline--Supervision--Continuing education.

36-10-36. Promulgation of rules--Licensure--Fees--Discipline--Supervision--Continuing education.
The State Board of Physical Therapy shall promulgate rules, pursuant to chapter 1-26, pertaining to licensure, fees, discipline, supervision, and the continuing education of physical therapists and physical therapist assistants.
Source: SL 1955, ch 96, §13; SDC Supp 1960, §27.09A11; SDCL §36-10-15; SL 1972, ch 205, §12; SL 1978, ch 270, §9; SL 1996, ch 231, §16; SL 1996, ch 232; SL 2017, ch 173, §13; SL 2023, ch 136, §21.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-38 - Licensure denial--Grounds.

36-10-38. Licensure denial--Grounds.
The State Board of Physical Therapy may, in compliance with chapter 1-26, refuse to grant a license under this chapter for unprofessional, immoral, or dishonorable conduct on the part of the applicant.
Source: SL 1955, ch 96, §9; SDC Supp 1960, §27.09A09; SDCL §36-10-14; SL 1972, ch 205, §15; SL 1972, ch 15, §4; SL 1996, ch 231, §17; SL 2017, ch 173, §14; SL 2023, ch 136, §22.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-39 - Licensure suspension or revocation--Grounds.

36-10-39. Licensure suspension or revocation--Grounds.
The State Board of Physical Therapy may cancel, revoke, or suspend the license of any physical therapist or physical therapist assistant, issued under this chapter, upon satisfactory evidence of the licensee's incompetence, unprofessional or dishonorable conduct, or violation of this chapter.
Source: SL 1955, ch 96, §9; SDC Supp 1960, §27.09A09; SDCL §36-10-14; SL 1972, ch 205, §16; SL 1978, ch 270, §10; SL 1996, ch 231, §18; SL 2005, ch 199, §28; SL 2017, ch 173, §15; SL 2023, ch 136, §23.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-40 - Unprofessional or dishonorable conduct.

36-10-40. Unprofessional or dishonorable conduct.
The term, unprofessional or dishonorable conduct, includes:
(1)Employing what is known as cappers or steerers;
(2)Willfully betraying a professional confidence;
(3)All advertising of physical therapy business, in which untruthful or improbable statements are made, or which are calculated to mislead or deceive the public;
(4)Conviction of any felony, conviction of a criminal offense arising out of the practice of physical therapy, or conviction of a criminal offense involving moral turpitude;
(5)Habits of intemperance, or drug addiction, which in the opinion of the State Board of Physical Therapy, affect the licensee's practice;
(6)Sustaining any physical or mental disability that renders the further practice of a licensee's profession dangerous;
(7)Presentation to the board of any license, certificate, or diploma, which was obtained by fraud, by deception practiced in passing a required examination, or by the giving of false statements or information on applying for licensure; and
(8)Illegally, fraudulently, or wrongfully obtaining a license required by this chapter, by:
(a)The use of any means, devices, deceptions, or help in passing any examination; or
(b)Making false statements or misrepresentations in any application.
Unprofessional or dishonorable conduct, as defined in this section, may not be the basis for criminal prosecution unless the conduct is otherwise unlawful.
Source: SL 1955, ch 96, §9; SDC Supp 1960, §27.09A09; SDCL, §36-10-14; SL 1972, ch 205, §17; revised pursuant to SL 1972, ch 15, §4; SL 2023, ch 136, §24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-41 - Action on license--Initiation of proceedings.

36-10-41. Action on license--Initiation of proceedings.
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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-43 - Action on license--Quorum requirement.

36-10-43. Action on license--Quorum requirement.
All proceedings relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license that has been revoked or suspended may be held only when a majority of the State Board of Physical Therapy is present.
Source: SL 1972, ch 205, §21; SL 2023, ch 136, §26.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-44 - Procedure on cancellation, revocation or suspension.

36-10-44. Procedure on cancellation, revocation or suspension.
All proceedings relative to the cancellation, revocation, or suspension of a license shall otherwise conform to the procedure set forth in chapter 1-26.
Source:
SL 1972, ch 205, §20; revised pursuant to SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-45 - Action on license--Vote requirement.

36-10-45. Action on license--Vote requirement.
A decision of the State Board of Physical Therapy to suspend, revoke, or cancel a license requires a majority vote of the board members.
Source: SL 1972, ch 205, §22; SL 2023, ch 136, §27.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-46 - Appeal from decision of board.

36-10-46. Appeal from decision of board.
Any party feeling aggrieved by any acts, rulings, or decisions of the State Board of Physical Therapy, relating to the refusal to grant a license or to the cancellation, revocation, or suspension of a license may appeal the decision, pursuant to chapter 1-26.
Source: SL 1972, ch 205, §24; revised pursuant to SL 1972, ch 15, §4; SL 2023, ch 136, §28.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-47 - Licensure reinstatement.

36-10-47. Licensure reinstatement.
Upon written application establishing compliance with licensing requirements and for reasons the State Board of Physical Therapy deems sufficient, the board may, under such conditions as it may impose, reinstate or reissue a license to any person whose license has been suspended or revoked.
Upon suspension of a license, the board may provide for an automatic reinstatement after a fixed period of time.
Source: SL 1972, ch 205, §23; SL 2023, ch 136, §29.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-48 - Injunction--Election of remedy.

36-10-48. Injunction--Election of remedy.
Any person violating this chapter may be enjoined from further violations at the suit of the state's attorney of the county in which the violations occurred, or suit may be brought by any resident of this state.
An action for injunction is an alternative to criminal proceedings, and the commencement of one proceeding by the State Board of Physical Therapy constitutes an election.
Source: SL 1972, ch 205, §30; revised pursuant to SL 1972, ch 15, §4; SL 2023, ch 136, §30.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-49 - Investigation of violations.

36-10-49. Investigation of violations.
The State Board of Physical Therapy shall investigate every alleged violation of this chapter, pursuant to the procedures set forth in chapter 36-1C. If the alleged violation is committed by a nonlicensee, the board shall report the violation to the proper law enforcement officials. The board may employ special counsel, subject to the supervision, control and direction of the attorney general, assist in the prosecution of violations of this chapter, and expend the necessary funds for those purposes.
Source: SL 1955, ch 96, §14; SDC Supp 1960, §27.09A12; SDCL, §36-10-16; SL 1972, ch 205, §29; SL 2021, ch 168, §23; SL 2023, ch 136, §31.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-50 - Prior license accepted.

36-10-50. Prior license accepted.
Any person licensed as a physical therapist assistant on July 1, 1996, is deemed licensed under this chapter and is entitled to renew licensure.
Source:
SL 1996, ch 231, §8; SL 2017, ch 173, §16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-51 - Continuing education--Requirements--Waiver.

36-10-51. Continuing education--Requirements--Waiver.
In order to renew a license, a person shall submit evidence, satisfactory to the State Board of Physical Therapy, indicating compliance with the continuing education requirements established by the board. The board may waive the continuing education requirements if the applicant submits evidence satisfactory to the board that the applicant was unable to comply because of illness, disability, military service, or financial hardship.
Source: SL 2017, ch 173, §17; SL 2023, ch 136, §32.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-52 - Dry needling authorized--Description--Promulgation of rules.

36-10-52. Dry needling authorized--Description--Promulgation of rules.
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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10 - Physical Therapists › Section 36-10-53 - State Board of Physical Therapy licensure fund--Continuous appropriation.

36-10-53. State Board of Physical Therapy licensure fund--Continuous appropriation.
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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10B - Dietetics And Nutrition › Section 36-10B-1 - Definition of terms.

36-10B-1. Definition of terms.
Terms used in this chapter mean:
(1)"Accredited college or university," a college or university accredited by the United States regional accrediting agencies recognized by the Council on Postsecondary Accreditation and the United States Department of Education;
(2)"Board," the South Dakota State Board of Medical and Osteopathic Examiners;
(3)"Commission," the Commission on Dietetic Registration that is a member of the National Commission for Certifying Agencies;
(4)"Committee," the Nutrition and Dietetics Advisory Committee to the board;
(5)"Dietitian," a person who engages in nutrition or dietetics practice and uses the title dietitian pursuant to §36-10B-2;
(6)"Licensed nutritionist," a person licensed under this chapter;
(7)"Nutritionist," a person who engages in nutrition or dietetics practice and uses the title of nutritionist pursuant to §36-10B-2;
(8)"Nutrition care services," any of the following:
(a)Assessment of the nutritional needs of individuals or groups;
(b)Establishment of priorities, goals, and objectives to meet nutritional needs;
(c)Provision of nutrition counseling for both normal and therapeutic needs;
(d)Development, implementation, and management of nutrition care services; or
(e)Evaluation, adjustment, and maintenance of appropriate standards of quality in nutrition care;
(9)"Nutritional assessment," the evaluation of the nutritional needs of individuals or groups based on appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend appropriate nutritional intake;
(10)"Nutrition counseling," advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status.
Source:
SL 1996, ch 240, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10B - Dietetics And Nutrition › Section 36-10B-2 - Licensing and designation.

36-10B-2. Licensing and designation.
Except as provided in §36-10B-15, no person may practice nutrition and dietetics or provide nutrition care services unless licensed or otherwise authorized to practice under this chapter. No person may practice as a licensed nutritionist, use the title nutritionist, dietitian, or licensed nutritionist, or use the abbreviation LN, unless licensed under this chapter. A licensed nutritionist may use the title licensed nutritionist and the abbreviation LN. A violation of this section is a Class 2 misdemeanor.
A dietitian registered by the Commission on Dietetic Registration may use the title registered dietitian and the designation RD.
Source:
SL 1996, ch 240, §2.