reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-18.1 - Speech-language pathology assistants--Requirements for licensure--Out-of-state license--Association certificate.

36-37-18.1. Speech-language pathology assistants--Requirements for licensure--Out-of-state license--Association certificate.
The board shall issue a speech-language pathology assistant license to a person who:
(1)Submits an application on a form prescribed by the board in rules promulgated in accordance with chapter 1-26;
(2)Pays the application fee established by the board, in accordance with §36-37-12;
(3)Holds a current, unrestricted license from a state with substantially equivalent licensure standards, or a current Certification in Speech-Language Pathology Assisting from the American Speech-Language-Hearing Association; and
(4)Has not committed any act that constitutes grounds for refusal, suspension, or revocation of a license.
Source: SL 2023, ch 141, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-19 - Paraprofessionals holding speech-language pathologist certificate from Department of Education as of July 1, 2012.

36-37-19. Paraprofessionals holding speech-language pathologist certificate from Department of Education as of July 1, 2012.
Any person who is employed as a paraprofessional providing speech-language pathology services, under the direct supervision of a speech-language pathologist, who possessed a speech-language pathologist certificate from the South Dakota Department of Education as of July 1, 2012, and does not otherwise meet the qualifications set forth in this chapter may apply for a speech-language pathology assistant license. The board shall issue a speech-language pathology assistant license, and the person may continue to practice as a speech-language pathology assistant as long as the person:
(1)Submitted an initial application for an assistant license no later than July 1, 2014;
(2)Has continued to render speech-language pathology services in the school district where the person was employed at the time of initial application, with no break in employment; and
(3)Pays the renewal fee established by the board, in accordance with §36-37-12.
Source: SL 2012, ch 196, §19; SL 2019, ch 174, §1; SL 2023, ch 141, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-20 - Supervision of speech-language pathology assistant.

36-37-20. Supervision of speech-language pathology assistant.
A speech-language pathology assistant must be supervised by a speech-language pathologist, or a speech-language pathologist with a limited license, who has at least two years of experience. Any time licensed as a provisional speech-language pathologist counts toward the two-year experience requirement. The supervising speech-language pathologist:
(1)Is responsible for the extent, kind, and quality of service provided by the assistant, consistent with the board's designated standards and requirements;
(2)Shall ensure that persons receiving services from an assistant receive prior written notification that services are to be provided, in whole or in part, by a speech-language pathology assistant;
(3)May not supervise more than three speech-language pathology assistants at one time.
A speech-language pathology assistant may have more than one supervisor.
Source: SL 2012, ch 196, §20; SL 2023, ch 141, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-21 - Disciplinary actions.

36-37-21. Disciplinary actions.
The board may impose any of the following disciplinary actions on a speech-language pathologist or a speech-language-pathology assistant after formal or informal disciplinary action:
(1)Refuse to renew a license;
(2)Issue a letter of reprimand or concern;
(3)Impose probationary conditions;
(4)Require reimbursement to the board for costs of the investigation and proceeding;
(5)Suspend or revoke a license;
(6)Impose practice or supervision requirements, or both; or
(7)Require attendance at continuing education programs specified by the board as to content and hours.
Source: SL 2012, ch 196, §21; SL 2023, ch 141, §16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-22 - Reinstatement of suspended or revoked license.

36-37-22. Reinstatement of suspended or revoked license.
If the board imposes suspension or revocation of license, application may be made to the board for reinstatement. If a licensee is placed on probation, the board may require the license holder to:
(1)Report regularly to the board on matters that are the basis of probation;
(2)Limit practice to the areas prescribed by the board; or
(3)Continue or review continuing education until the license holder attains and degree of skill satisfactory to the board in those areas that are the basis of the probation.
Source:
SL 2012, ch 196, §22.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-23 - Actions constituting misconduct.

36-37-23. Actions constituting misconduct.
The board may take disciplinary actions for the following conduct:
(1)Fraudulently or deceptively obtaining, attempting to obtain, using, or altering a license or a provisional license;
(2)Aiding or abetting unlicensed practice;
(3)Selling, bartering, or offering to sell or barter a license or provisional license;
(4)Committing fraud or deceit in the practice of speech-language pathology, including:
(a)Willfully making or filing a false report or record in the practice of speech-language pathology;
(b)Submitting a false statement to collect a fee; or
(c)Obtaining a fee through fraud or misrepresentation;
(5)Using or promoting, or causing the use of, any misleading, deceiving, improbable, or untruthful advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand insignia, or any other representation;
(6)Falsely representing the use or availability of services or advice of a physician;
(7)Misrepresenting the applicant, licensee, or holder, by using the term, doctor, or any similar word, abbreviation, or symbol if the use is not accurate or if the degree was not obtained from an accredited institution;
(8)Committing any act of dishonesty, immorality, or unprofessional conduct while engaging in the practice of speech-language pathology;
(9)Engaging in illegal, incompetent, or negligent practice;
(10)Providing services or promoting the sale of devices, appliances, or products to a person who cannot reasonably be expected to benefit from such services, devices, appliances, or products;
(11)Violating any provision of this chapter, or any lawful order given, or rule adopted, by the board;
(12)Being convicted or pleading guilty or nolo contendere to a felony or to a crime involving moral turpitude, as defined in §22-1-2, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;
(13)Being disciplined by a licensing or disciplinary authority of any state or country, or any nationally recognized professional organization, or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section;
(14)Exploiting a patient for financial gain or sexual favors;
(15)Failing to report suspected cases of child abuse or vulnerable adult abuse;
(16)Violating federal, state, or local laws relating to the profession;
(17)Not reporting discipline by another state or territory under federal jurisdiction to the board; or
(18)Not reporting a conviction of any felony offense, or any conviction of a criminal offense arising out of the practice of speech-language pathology.
Source: SL 2012, ch 196, §23; SL 2023, ch 141, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-24 - Disciplinary hearing--Procedure--Appeal.

36-37-24. Disciplinary hearing--Procedure--Appeal.
The board may take disciplinary action or suspend, revoke, or reissue a license only after a hearing conducted by a hearing examiner appointed by the board or by a majority of the members of the board.
Any disciplinary proceeding or proceeding relative to the revocation or suspension of a license or certification must otherwise conform to the procedure set forth in chapter 1-26 and chapter 36-1C.
Any decision of the board to discipline, suspend, revoke, or reissue a license or certification requires a majority vote of the board.
Source: SL 2012, ch 196, §24; SL 2023, ch 141, §18.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-25 - Injunction for violation.

36-37-25. Injunction for violation.
Any person violating the provisions of this chapter may be enjoined from further violations at the suit of the state's attorney of the county where 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 constitutes an election.
Source:
SL 2012, ch 196, §25.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-26 - Change of name, employment, or place of business--Information furnished to board.

36-37-26. Change of name, employment, or place of business--Information furnished to board.
Any person licensed pursuant to this chapter shall inform the board, within ninety days, of any change in name, place of employment, or place of business. A post office box number may not be the address of a place of business.
Source: SL 2023, ch 141, §19.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-1 - Definitions.

36-38-1. Definitions.
Terms used in this chapter mean:
(1)"Applied behavior analysis," as provided in subdivision 58-17-154(1);
(2)"Behavior analyst," a person who meets the qualifications of subdivision 58-17-159(2), who is licensed as a behavior analyst by the board only for the provision of applied behavior analysis as defined in §§36-38-2 and 36-38-3, and who holds himself or herself out to the public by any title or description of services which uses the words behavior analyst or applied behavior analyst;
(3)"Board," the Board of Social Work Examiners, as established in chapter 36-26.
Source: SL 2016, ch 199, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-2 - Conduct included within practice of applied behavior analysis.

36-38-2. Conduct included within practice of applied behavior analysis.
The term, practice of applied behavior analysis, is the application of principles, methods, and procedures of the analysis of behavior including principles of operant and respondent learning. The term includes applications of those principles, methods, and procedures to:
(1)Design, supervise, evaluate, and modify treatment programs to change the behavior of individuals diagnosed with an autism spectrum disorder;
(2)Design, supervise, evaluate, and modify treatment programs to change the behavior of individuals;
(3)Design, supervise, evaluate, and modify treatment programs to change the behavior of groups; and
(4)Consult with individuals and organizations.
Source: SL 2016, ch 199, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-3 - Conduct not included within practice of applied behavior analysis.

36-38-3. Conduct not included within practice of applied behavior analysis.
The term, practice of applied behavior analysis, does not include diagnosis, counseling, psychological testing, personality assessment, intellectual assessment, neuropsychological assessment, psychotherapy, cognitive therapy, sex therapy, family therapy, coordination of care, psychoanalysis, hypnotherapy, or long-term counseling as a treatment modality.
Source: SL 2016, ch 199, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-4 - Applied behavior analyst advisory committee--Appointment--Terms--Duties.

36-38-4. Applied behavior analyst advisory committee--Appointment--Terms--Duties.
The Governor shall appoint an applied behavior analyst advisory committee composed of three members. Two of the members shall be behavior analysts licensed under this chapter and the other member shall represent the public and be unaffiliated with the profession.
Each committee member shall serve a term of three years. The terms of the initial appointees shall be staggered so that no more than one member's term expires in any one year. No committee member may be appointed to more than three consecutive full terms. If a vacancy occurs, the Governor shall appoint a person to fill the unexpired term. The appointment of a member to an unexpired term is not considered a full term. The committee shall meet at least annually or as necessary to conduct business. The committee shall assist the board in the regulation of behavior analysts pursuant to this chapter. The committee shall also make recommendations to the board regarding rules promulgated pursuant to this chapter.
The term of a member begins on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The term of a member expires on October thirtieth in the third year of appointment. The committee shall meet the requirements of chapter 1-25 regarding open meetings.
Source:
SL 2016, ch 199, §4; SL 2020, ch 167, § 10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-6 - License required to practice as behavior analyst.

36-38-6. License required to practice as behavior analyst.
No person may represent himself or herself as a behavior analyst, or engage in the practice of, or attempt to practice applied behavior analysis unless licensed pursuant to the provisions of this chapter as an applied behavior analyst or exempted under the provisions of this chapter.
Source: SL 2016, ch 199, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-7 - Qualifications for licensure.

36-38-7. Qualifications for licensure.
The board may grant a license as a behavior analyst to an applicant who:
(1)Has earned a master's degree or a doctoral degree;
(2)Holds a current certification as a board certified behavior analyst by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization;
(3)Has not been convicted of a felony or a misdemeanor involving moral turpitude as defined in subdivision 22-1-2(25) during the past five years; and
(4)Has submitted verification that the applicant is not subject to any disciplinary proceeding or pending complaint before any other licensing board unless the board considers such proceeding or complaint and agrees to licensure.
Source: SL 2016, ch 199, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-8 - Application fee.

36-38-8. Application fee.
The application fee for a license to practice applied behavior analysis shall be set by the board in rules promulgated pursuant to chapter 1-26. The fee may not exceed three hundred dollars. The applicant shall pay fees for the cost of certification directly to the Behavior Analyst Certification Board, Inc. No fee assessed on a licensed social worker may be increased to support the licensure of a behavior analyst as required under this chapter.
Source: SL 2016, ch 199, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-9 - Application for license.

36-38-9. Application for license.
In applying for licensing, an applicant shall apply on a form prescribed by the board. The application shall be witnessed and notarized by a notary public. The license fee shall accompany the application. The application and all supporting evidence shall be public record as provided in chapter 1-27.
Source: SL 2016, ch 199, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-10 - Fee for initial licensure.

36-38-10. Fee for initial licensure.
After a behavior analyst applicant presents evidence of certification, the applicant shall pay a fee for initial licensure set by the board, in rules promulgated pursuant to chapter 1-26, not to exceed three hundred fifty dollars.
Source: SL 2016, ch 199, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-12 - Grounds for denial, revocation, suspension, or cancellation of license.

36-38-12. Grounds for denial, revocation, suspension, or cancellation of license.
The board may deny, revoke, suspend, or cancel any license or application for licensure to practice as a behavior analyst and may take other disciplinary or corrective action as the board deems appropriate upon any of the following grounds:
(1)The licensee or applicant is guilty of fraud in the practice of applied behavior analysis or fraud or deceit in the licensee's admission to practice applied behavior analysis;
(2)The licensee or applicant has been convicted of a felony or misdemeanor involving moral turpitude as defined in subdivision 22-1-2(25) during the past five years;
(3)The licensee or applicant is or has been engaged in the practice of applied behavior analysis under a false or assumed name and has not registered that name pursuant to chapter 37-11, or is impersonating another practitioner of a like or different name;
(4)The licensee or applicant is addicted to the use of intoxicating liquors, narcotics, or stimulants to an extent as to incapacitate the licensee or applicant from the performance of the licensee's or applicant's professional duties;
(5)The physical or mental condition of the licensee or applicant is determined, by a competent medical examiner, to jeopardize or endanger a person who seeks relief of the licensee or applicant. A majority of the entire board may demand an examination of the licensee or applicant by a competent medical examiner selected by the board at the board's expense. If the licensee or applicant fails to submit to the examination, this constitutes immediate grounds for suspension of the licensee's license or denial of the application for licensure;
(6)The licensee or applicant for licensure has been found in violation of the code of ethics adopted by the board;
(7)The licensee or applicant has obtained or attempted to obtain a license, certificate, or renewal thereof by bribery or fraudulent representation;
(8)The licensee or applicant knowingly made a false statement in connection with any application required by this chapter;
(9)The licensee or applicant knowingly made a false statement on any form promulgated pursuant to this chapter;
(10)The licensee or applicant has violated any provision of this chapter or the rules promulgated under this chapter; or
(11)The licensee's or applicant's certificate, license, or permit has been cancelled, revoked, suspended, or rejected for renewal in any other state for any cause.
Source: SL 2016, ch 199, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-13 - Commencement of proceedings for cancellation or revocation of license.

36-38-13. Commencement of proceedings for cancellation or revocation of license.
If the board has information that any licensee may be guilty of any misconduct as provided in §36-38-12 or is guilty of gross incompetence or unprofessional or dishonorable conduct, the board may institute proceedings for cancellation or revocation of the license.
Source: SL 2016, ch 199, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-14 - Hearing on cancellation or revocation of license--Decision.

36-38-14. Hearing on cancellation or revocation of license--Decision.
Each proceeding relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license which has been cancelled, revoked, or suspended may only be held if a majority of the members of the board are present at the hearing. The decision of the board to suspend, revoke, or cancel a license requires a majority vote of all of the board members.
Source: SL 2016, ch 199, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-15 - Administrative procedure for cancellation or revocation of license.

36-38-15. Administrative procedure for cancellation or revocation of 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 2016, ch 199, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-16 - Appeal.

36-38-16. Appeal.
Any party aggrieved by any acts, rulings, or decisions of the board relating to refusal to grant or to cancellation, revocation, or suspension of a license may appeal pursuant to chapter 1-26.
Source: SL 2016, ch 199, §16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-17 - Reinstatement of license.

36-38-17. Reinstatement of license.
Upon written application establishing compliance with existing licensing requirements and for reasons the board deems sufficient, the board, for good cause by majority vote, may reinstate or reissue a license that has been canceled, suspended, or revoked. However, upon suspension of a license, the board in the order may provide for automatic reinstatement after a fixed period of time as provided in the order.
Source: SL 2016, ch 199, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-18 - Record of licensees.

36-38-18. Record of licensees.
The secretary-treasurer of the board shall keep a record of each person who has been granted a license pursuant to the provisions of this chapter, the license number, and the date the license was issued or renewed. The record may be admitted as evidence in any court.
Source: SL 2016, ch 199, §18.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-19 - Practice without license--Misdemeanor.

36-38-19. Practice without license--Misdemeanor.
Any person who practices as a behavior analyst in this state without a license issued by the board is guilty of a Class 2 misdemeanor.
Source: SL 2016, ch 199, §19.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-20 - Duties of board.

36-38-20. Duties of board.
In addition to the duties set forth elsewhere in this chapter, the board shall:
(1)Recommend prosecution for any violation of this chapter to the appropriate state's attorney; or
(2)Recommend to the attorney general the bringing of a civil action to seek injunction and other relief against any violation of this chapter.
Source: SL 2016, ch 199, §20.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-21 - Investigation of suspected violations--Prosecution of violations.

36-38-21. Investigation of suspected violations--Prosecution of violations.
The board shall investigate each suspected violation of this chapter pursuant to the procedures set forth in chapter 36-1C. If the suspected violation is committed by a nonlicensee, the board shall report the violation to the proper law enforcement official where the act is committed. The board is authorized to employ special counsel subject to the supervision, control, and direction of the attorney general to assist in the prosecution of violations of this chapter, and to expend the necessary funds for such purpose.
Source:
SL 2016, ch 199, §21; SL 2021, ch 168, § 47.
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36-38-21.Repealed.
Source: SL 2016, ch 199, §21; SL 2021, ch 168, §§ 47, 48.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-22 - Injunction--Election of injunction or criminal action.

36-38-22. Injunction--Election of injunction or criminal action.
Any person violating the provisions of this chapter may be enjoined from further violations at the suit of the state's attorney of the county where the violations occurred or suit may be brought by any citizen of this state. An action for injunction shall be an alternate to criminal proceedings, and the commencement of one proceeding by the board constitutes an election.
Source: SL 2016, ch 199, §22; SL 2023, ch 172, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-23 - Money credited to board of social work examiners fund.

36-38-23. Money credited to board of social work examiners fund.
Any money coming into the custody of the board pursuant to this chapter shall be credited to the South Dakota Board of Social Work Examiners fund established under §36-26-43.
Source: SL 2016, ch 199, §23; SL 2023, ch 172, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-24 - Confidentiality of consultation with behavior analyst.

36-38-24. Confidentiality of consultation with behavior analyst.
The relations and communications between a licensed behavior analyst and a person consulting a licensed behavior analyst in the person's professional capacity are confidential. Nothing in this chapter may be construed to require the person's confidential communications to be disclosed.
Source: SL 2016, ch 199, §24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-25 - Criminal background checks of assistant behavior analysts and paraprofessionals.

36-38-25. Criminal background checks of assistant behavior analysts and paraprofessionals.
Any assistant behavior analyst or paraprofessional who delivers applied behavior analysis services under the extended authority and direction of a behavior analyst shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation. The behavior analyst who supervises the assistant behavior analyst or paraprofessional is responsible for any fees charged for the cost of fingerprinting or the criminal background investigation as required by this section. Each criminal record provided to the board under this section is confidential. The board may use the records only in determining an assistant behavior analyst's or paraprofessional's eligibility to be supervised by an applied behavior analyst for the delivery of applied behavior analysis.
Source:
SL 2016, ch 199, §25; SL 2019, ch 175, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-26 - Certain assistant behavior analysts and paraprofessionals ineligible.

36-38-26. Certain assistant behavior analysts and paraprofessionals ineligible.
No assistant behavior analyst or paraprofessional who has been convicted of a felony or misdemeanor involving moral turpitude as defined in subdivision 22-1-2(25) during the past five years may deliver applied behavior analysis services under the direction of a behavior analyst.
Source: SL 2016, ch 199, §26.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 38 - Behavior Analysts › Section 36-38-27 - Promulgation of rules.

36-38-27. Promulgation of rules.
The board may promulgate rules, pursuant to chapter 1-26, that delineate qualifications for licensure, specify requirements for the annual renewal of licensure, establish standards of professional conduct, specify procedures for violations of professional conduct, permit inactive licensures, establish procedures for collection and management of fees and payments, establish fees for initial applications and annual licensure not to exceed the amounts specified in this chapter, delineate activities that may or may not be delegated to an assistant behavior analyst or paraprofessional, and specify requirements for supervision of assistant behavior analysts and paraprofessionals.
Source: SL 2016, ch 199, §27.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-3.1 - Combinations in restraint of trade unlawful--Entities subject to prohibition.

37-1-3.1. Combinations in restraint of trade unlawful--Entities subject to prohibition.
A contract, combination, or conspiracy between two or more persons in restraint of trade or commerce any part of which is within this state is unlawful.
A person is any natural person, partnership, limited liability company, corporation, association, or other legal entity.
Source:
SL 1977, ch 305, §1; SL 1994, ch 351, §82.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-3.2 - Monopolies and attempts to monopolize unlawful.

37-1-3.2. Monopolies and attempts to monopolize unlawful.
The monopolization by any person, or an attempt to monopolize, or combine, or conspire with any other person or persons, to monopolize any of the trade or commerce within this state shall be unlawful.
Source:
SL 1977, ch 305, §2.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-3.3 - Monopoly or restraint of trade as felony.

37-1-3.3. Monopoly or restraint of trade as felony.
Any person violating any of the provisions of §37-1-3.1 or 37-1-3.2 is guilty of a Class 6 felony.
Source:
SL 1977, ch 305, §3.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-3.4 - Labor not an article of commerce--Labor and agricultural organizations permitted.

37-1-3.4. Labor not an article of commerce--Labor and agricultural organizations permitted.
Labor of a human being shall not be considered a commodity or an article of commerce. Nothing in this chapter shall be construed to forbid the existence and operation of any labor, agricultural, or horticultural organization instituted for the purpose of mutual help, while lawfully carrying out its legitimate objects.
Source:
SL 1977, ch 305, §4.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-3.5 - Regulated utility services exempt.

37-1-3.5. Regulated utility services exempt.
The provision of gas, electric, and noncompetitive and emerging competitive telecommunications services by public utilities pursuant to tariffs or schedules approved by the South Dakota Public Utilities Commission, or pursuant to any other federal or state regulatory authority, do not constitute a violation of this chapter. The acceptance of such tariffs or schedules by the regulatory agency involved, the implementation by the public utility of any orders or directives of any such agency, or the taking of action by a public utility pursuant to an order or directive of any such regulatory agency does not constitute a violation of this chapter.
Source:
SL 1977, ch 305, §17; SL 1988, ch 375, §29.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-4 - Discriminating between localities in selling as unfair discrimination.

37-1-4. Discriminating between localities in selling as unfair discrimination.
Any person doing business in this state, and engaged in the production, manufacture, or distribution of any commodity in general use, who intentionally, for the purpose of destroying the competition of any regular established dealer in such commodity or to prevent the competition of any person who in good faith intends and attempts to become such dealer, shall discriminate between different sections, communities, or first and second class municipalities of this state by selling such commodity at a lower rate in one section, community, or municipality, or any portion thereof than such person or corporation charges for such commodity in another section, community, or municipality, after equalizing the distance from the point of production, manufacture, or distribution and freight rates therefrom, shall be deemed guilty of unfair discrimination.
Source:
SDC 1939, §13.1803; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-5 - Discriminating between localities in buying as unfair discrimination.

37-1-5. Discriminating between localities in buying as unfair discrimination.
Any person doing business in this state and engaged in the production, manufacture, or purchase of any commodity or product in general use, who, with intent and for the purpose of destroying competition by any regular established dealer in such commodity or product, shall discriminate between different sections, communities, or first and second class municipalities of this state by paying for such commodity or product a higher price in one section, community, or municipality than such person or corporation is at the same time paying for such commodity or product in another section, community, or municipality within the state, after equalizing the distance from the point of purchase and transportation charges therefrom, and the grade and quality thereof, shall be deemed guilty of unfair discrimination.
Source:
SDC 1939, §13.1804; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-6 - Price differential to meet competition in buying permitted.

37-1-6. Price differential to meet competition in buying permitted.
Notwithstanding §37-1-5, any person or corporation buying commodities described therein in more than one section, community, locality, or first or second class municipality, may raise prices in any given section, community, locality, or municipality to but not above the prices paid by other persons or corporations buying such commodities in such section, community, locality, or municipality, when necessary to meet actual legitimate competition in such section, community, locality, or municipality, without being held to have violated the provisions of this chapter.
Source:
SDC 1939, §13.1804; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-7 - Unlawful discrimination in buying or selling as felony.

37-1-7. Unlawful discrimination in buying or selling as felony.
Any person violating the statutes against discrimination in buying or selling is guilty of a Class 6 felony.
Source:
SDC 1939, §13.1805; SL 1977, ch 190, §209; SL 1977, ch 305, §14.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-8 - Fraudulent statements to affect market price as felony.

37-1-8. Fraudulent statements to affect market price as felony.
Every person who intentionally makes or publishes any false statement, spreads any false rumor, or employs any false or fraudulent means or device, with intent to affect the market price of any kind of property, is guilty of a Class 6 felony.
Source:
SDC 1939, §13.1806; SL 1977, ch 190, §210; SL 1977, ch 305, §15.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-10 - Criminal prosecution by state's attorney on violation--Assistance by attorney general.

37-1-10. Criminal prosecution by state's attorney on violation--Assistance by attorney general.
It shall be the special duty of the state's attorney, upon the affidavit of any person showing that any person has violated any provision of this chapter, or without such affidavit, when he has reason to believe that any provision of this chapter has been or is being violated, to make complaint and cause the arrest of such person and to prosecute such action in the court having jurisdiction thereof, and it shall be the duty of such state's attorney immediately upon making such complaint to notify the attorney general thereof and it shall thereupon be the duty of the attorney general to aid in such prosecution.
Source:
SDC 1939, §13.1807.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-11 - Criminal proceedings instituted by attorney general.

37-1-11. Criminal proceedings instituted by attorney general.
The provisions of §37-1-10 shall not be construed in any manner to prevent the attorney general of this state from making a complaint in any court of competent jurisdiction for any violation of the provisions of this chapter and prosecuting the same in the same manner and with the same powers as therein provided for state's attorneys.
Source:
SDC 1939, §13.1807.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-11.1 - Demand by attorney general to produce evidence relating to violations--Service--Contents.

37-1-11.1. Demand by attorney general to produce evidence relating to violations--Service--Contents.
If the attorney general has reasonable cause to believe that a person has information or is in possession, custody, or control of any document or other tangible object relevant to an investigation for violation of this chapter, he may serve upon the person, before bringing any action in circuit court, a written demand to appear and be examined under oath, to answer written interrogatories under oath, and to produce the document or object for inspection and copying. The demand shall:
(1)Be served upon the person in the manner required for service of process in this State or by registered or certified mail;
(2)Describe the nature of the conduct constituting the violation under investigation;
(3)Describe the class or classes of documents or objects with sufficient definiteness to permit it to be fairly identified;
(4)Contain a copy of the written interrogatories;
(5)Prescribe a reasonable time at which the person must appear to testify, within which to answer the written interrogatories, and within which the document or object must be produced, and advise the person that objections to or reasons for not complying with the demand may be filed with the attorney general on or before that time;
(6)Specify a place for the taking of testimony or for production and designate a person who shall be custodian of the document or object; and
(7)Contain a copy of §37-1-11.2.
Source:
SL 1977, ch 305, §6.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-11.2 - Petition for enforcement of attorney general's demand--Court order--Protective provisions.

37-1-11.2. Petition for enforcement of attorney general's demand--Court order--Protective provisions.
If a person objects to or otherwise fails to comply with the written demand served upon him under §37-1-11.1 the attorney general may file in the circuit court of the county in which the person resides or in which he maintains a principal place of business within this state petition for an order to enforce the demand. Notice of hearing the petition and a copy of the petition shall be served upon the person, who may appear in opposition to the petition. If the court finds that the demand is proper, there is reasonable cause to believe there may have been a violation of this chapter, and the information sought or document or object demanded is relevant to the violation, it shall order the person to comply with the demand subject to modification the court may prescribe. Upon motion by the person and for good cause shown, the court may make any further order in the proceedings that justice requires to protect the person from unreasonable annoyance, embarrassment, oppression, burden, or expense.
Source:
SL 1977, ch 305, §7.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-11.3 - Confidentiality of evidence produced on demand--Waiver.

37-1-11.3. Confidentiality of evidence produced on demand--Waiver.
Any procedure, testimony taken, or material produced under §§37-1-11.1 and 37-1-11.2 shall be kept confidential by the attorney general before bringing an action, and during the action, against a person under this chapter for the violation under investigation, unless confidentiality is waived in writing by the person being investigated and the person who has testified, answered interrogatories, or produced material, or disclosure is authorized by the court.
Source:
SL 1977, ch 305, §8.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-11.4 - Self-incriminating evidence required on promise of immunity.

37-1-11.4. Self-incriminating evidence required on promise of immunity.
If any person refuses to answer any question or interrogatory, produce any document or otherwise comply with the written demand served upon him under §37-1-11.1 on the ground of the privilege against self-incrimination, the testimony, answer to interrogatory or production of document may be compelled in accordance with §23A-14-29.
Source:
SL 1985, ch 196, §2.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-14.1 - Venue of actions for violation.

37-1-14.1. Venue of actions for violation.
An action for violation of this chapter shall be commenced in circuit court in Hughes County, or in the county where the person alleged to have violated this chapter has its principal place of business, or does business, or in any county where any violation has allegedly occurred.
Source:
SL 1977, ch 305, §5.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-14.2 - Actions on behalf of state for equitable relief and civil penalties--Amount of penalty.

37-1-14.2. Actions on behalf of state for equitable relief and civil penalties--Amount of penalty.
The attorney general, or a state's attorney with the permission or at the request of the attorney general, may bring an action for appropriate injunctive or other equitable relief and civil penalties in the name of the state for a violation of this chapter. The court may assess for the benefit of the state a civil penalty of not more than fifty thousand dollars for each violation of this chapter.
Source:
SL 1977, ch 305, §9.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-14.3 - Action by public or private party for equitable relief or damages--Treble damages.

37-1-14.3. Action by public or private party for equitable relief or damages--Treble damages.
The state, a political subdivision, or any public agency injured in its business or property by a violation of this chapter may bring an action for appropriate injunctive or other equitable relief, damages sustained and, as determined by the court, taxable costs and reasonable attorney's fees. The trier of facts shall increase recovery under this section to three times the damages sustained. A person injured in his business or property by a violation of this chapter may bring an action for appropriate injunctive or other equitable relief, damages sustained and, as determined by the court, taxable costs and reasonable attorney's fees. The trier of facts shall increase recovery under this section to three times the damages sustained.
Source:
SL 1977, ch 305, §10.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-14.4 - Limitation of actions for violations.

37-1-14.4. Limitation of actions for violations.
An action under §37-1-14.2 to recover a civil penalty is barred if it is not commenced within four years after the claim for relief accrues. An action under §37-1-14.3 to recover damages is barred if it is not commenced within four years after the claim for relief accrues, or within one year after the conclusion of any timely action brought by the state under §37-1-14.2 or 37-1-14.3 based in whole or in part on any matter complained of in the action for damages, whichever is later.
Source:
SL 1977, ch 305, §12.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-16.1 - Judgment in action by state as prima facie evidence in later actions.

37-1-16.1. Judgment in action by state as prima facie evidence in later actions.
A final judgment or decree determining that a person has violated this chapter in an action brought by the state under §37-1-14.2 or 37-1-14.3, other than a consent judgment or decree entered before any testimony has been taken, is prima facie evidence in any other action against him under §37-1-14.3 as to all matters with respect to which the judgment or decree would be an estoppel between the parties thereto.
Source:
SL 1977, ch 305, §11.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-18 - Failure to attend or produce evidence as contempt.

37-1-18. Failure to attend or produce evidence as contempt.
Any person, officer, or agent in the service or employment of any corporation, limited liability company, partnership, or association of persons, who neglects or refuses to make returns, attend, and testify or answer any lawful requirement provided for in this chapter, or produce records, documents, or other evidence, if in the person's custody, control, or power to do so, in obedience to the subpoenas of the courts, is guilty of contempt and shall be punished as provided by law.
Source:
SDC 1939, §13.1810; SL 1994, ch 351, §83.