reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-4 - Officers of board--Seal--Duties and bond of secretary-treasurer.

36-14-4. Officers of board--Seal--Duties and bond of secretary-treasurer.
The Board of Barber Examiners shall elect a president and a secretary-treasurer. It shall adopt and use a common seal. The secretary-treasurer shall keep a record of all proceedings of the board and shall report to the president, all moneys collected, at least once a month. The secretary-treasurer shall give such bond as the board may require, with sufficient sureties, to be approved by the board, for the faithful performance of his duties.
Source:
SDC 1939, §27.1605; SL 1964, ch 88, §1; SL 1968, ch 117, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-4.1 - Board continued within Department of Labor and Regulation--Records and reports.

36-14-4.1. Board continued within Department of Labor and Regulation--Records and reports.
The Board of Barber Examiners shall continue within the Department of Labor and Regulation, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required by the secretary of labor and regulation, except that the board shall report at least annually.
Source:
SL 1973, ch 2, §56 (d); SL 1986, ch 302, §16; SL 2003, ch 272 (Ex. Ord. 03-1), §52; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-5 - Employment of personnel by board.

36-14-5. Employment of personnel by board.
The Board of Barber Examiners may employ inspectors, clerks, and other assistants, as the board deems necessary to carry out the provisions of this chapter.
Source:
SDC 1939, §27.1605; SL 1964, ch 88, §1; SL 1968, ch 117, §1; revised pursuant to SL 1973, ch 23; SL 2015, ch 260, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-6 - Inspection of shops and schools by board.

36-14-6. Inspection of shops and schools by board.
Any member of the Board of Barber Examiners, or its agents or assistants, shall have authority to enter upon and to inspect any barbershop or barber school at any time during business hours.
Source:
SDC 1939, §27.1606.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-7 - Monthly deposit of money into treasury--Special account--Continuous appropriation--Limit on expense.

36-14-7. Monthly deposit of money into treasury--Special account--Continuous appropriation--Limit on expense.
All money coming into the custody of the Board of Barber Examiners each calendar month shall be paid by the board to the state treasurer on or before the tenth day of next month. The state treasurer shall credit the money to the Board of Barber Examiners' account in the general fund, which account is hereby created. The money in the Board of Barber Examiners' account is hereby continuously appropriated to the board for the purpose of paying the expense of administering and enforcing the provisions of this chapter. However, the total expense incurred may not exceed the total money collected by the board under the provisions of this chapter.
Source:
SDC 1939, §27.1605; SL 1964, ch 88, §1; SL 1968, ch 117, §1; SL 1979, ch 257, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-7.1 - General Coursework--Credit--Promulgation of Rules.

36-14-7.1  .  General Coursework--Credit--Promulgation of Rules.
Notwithstanding any other provision of this chapter, the board shall allow an approved school of barbering to apply credit earned by a student for general coursework in areas not limited to the practice of barbering that is completed in other programs or institutions to the course of instruction required in §  36-14-17  .
The board may promulgate rules, pursuant to chapter   1-26  , establishing criteria for accepting and applying the credit allowable under this section.
Source:  SL 2020, ch 158, § 1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-9 - Promulgation of rules.

36-14-9. Promulgation of rules.
The Board of Barber Examiners may promulgate reasonable rules, pursuant to chapter 1-26, for the administration of the provisions of this chapter and to prescribe sanitary requirements for barbershops and barber schools.
Source: SDC 1939, §27.1606; SL 1972, ch 15, §4; SL 1986, ch 302, §17; SL 2017, ch 175, §1; SL 2022, ch 149, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-11 - Certificate of registration required.

36-14-11. Certificate of registration required.
No person may practice barbering without having a certificate of registration issued by the Board of Barber Examiners.
Source:
SDC 1939, §27.1607; SL 1961, ch 132; SL 2017, ch 175, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-12 - Persons exempt from requirements of chapter.

36-14-12. Persons exempt from requirements of chapter.
The provisions of this chapter shall not apply to the following persons, while in the proper discharge of their professional duties:
(1)Persons authorized by the law of this state to practice medicine and surgery;
(2)Employees in state penal and charitable institutions;
(3)Registered nurses;
(4)Persons authorized by the law of this state to practice cosmetology.
The provisions of this section shall not be construed to authorize any of the persons exempted by subdivisions (1) to (3), inclusive, of this section to shave or trim the beard or cut the hair of any adult male person for cosmetic purposes.
Source:
SDC 1939, §27.1602; SL 1977, ch 190, §176A.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-13 - Registration and licensing of barbers--Qualification.

36-14-13. Registration and licensing of barbers--Qualification.
Any person who meets the following requirements is entitled to a license or certificate of registration as a registered barber:
(1)Is at least eighteen years old;
(2)Submits an application in compliance with §36-14-18;
(3)Completes fifteen hundred hours of education or equivalent credit hours in a barber college or school approved by the board; and
(4)Passes the written test and practical barber demonstration certified by the board.
Source: SDC 1939, §27.1609; SL 1961, ch 133; SL 1964, ch 88, §2; SL 1968, ch 117, §3; SL 1976, ch 229, §1; SL 1979, ch 257, §3; SL 1986, ch 314, §1; SL 2017, ch 175, §3; SL 2022, ch 149, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-14 - Qualifications for transfer of license or registration from another state or country.

36-14-14. Qualifications for transfer of license or registration from another state or country.
Any person who is at least eighteen years of age may transfer a barber license or registration to this state if the applicant has:
(1)A license or certificate of registration as a barber from another state or country that has substantially the same requirements for licensing or registering barbers as required by this chapter; or
(2)Can prove by affidavits that the applicant has practiced as a barber in another state or country for at least five years.
After a qualified applicant pays the required fee, the Board of Barber Examiners shall issue a certificate of registration to practice barbering. If an applicant applying to transfer a barber license or registration to this state from another state or country that requires less than fifteen hundred hours of instruction as a prerequisite to licensing, the applicant shall receive an additional fifty hours of credit for each month the applicant has practiced as a licensed barber in the other state or country. This credit shall be applied toward the required fifteen hundred hours of instruction required by §36-14-17.
Source:
SDC 1939, §27.1613; SL 1968, ch 117, §5; SL 1987, ch 272, §3; SL 2017, ch 175, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-17 - Curriculum required for approval of barber school.

36-14-17. Curriculum required for approval of barber school.
No school of barbering shall be approved by the Board of Barber Examiners unless it requires as a prerequisite to graduation a course of instruction of not less than nine months with a minimum of fifteen hundred hours, such course of instruction to include the following subjects: scientific fundamentals for barbering, hygiene, bacteriology as applied to barbering, structure of the head, face and neck, elementary chemistry relating to sterilization and antiseptics, diseases of the skin and hair, massaging and manipulating the muscles of the upper body, haircutting, shaving, and arranging, dressing, coloring, bleaching, and tinting the hair.
Source:
SDC 1939, §27.1608; SL 1968, ch 117, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-18 - Contents of application for examination or registration--Photographs.

36-14-18. Contents of application for examination or registration--Photographs.
Each applicant for an examination or initial registration as a barber pursuant to §36-14-14 shall make application to the Board of Barber Examiners on forms prepared and furnished by the board, setting forth, under oath, the particular qualifications of the applicant. An applicant by examination shall furnish to the board two five-by-three inch photographs of the applicant, one of which shall be returned to the applicant and presented to the board when the applicant appears for examination. The application shall be accompanied by the required fee.
Source: SDC 1939, §27.1611; SL 2022, ch 149, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-19 - Time, place, and scope of examinations--Issuance of certificates--Employment pending examination.

36-14-19. Time, place, and scope of examinations--Issuance of certificates--Employment pending examination.
The Board of Barber Examiners shall conduct examinations not less than two times each year at such time and place as the board may determine. The examinations shall include both a practical demonstration and a written test, which shall embrace the subjects taught in schools of barbering approved by the board. If the provisions of this chapter have been complied with, the board shall issue the proper certificate of registration to the applicant. However, the board may permit a student to be employed at the barber profession from the time the student has completed schooling until the next examination.
Source:
SDC 1939, §27.1612; SL 1976, ch 229, §2; SL 1995, ch 220, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-20 - Display of certificates.

36-14-20. Display of certificates.
Every holder of a certificate of registration shall display it in a conspicuous place adjacent to or near his work chair.
Source:
SDC 1939, §27.1614.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-22 - Annual renewal of certificates--Expiration.

36-14-22. Annual renewal of certificates--Expiration.
Each registered barber who continues in active practice or service, shall annually, on or before the first day of July, renew the barber's certificate of registration and pay the required fee. Each certificate of registration, unless renewed, annually expires on June thirtieth.
Source:
SDC 1939, §27.1615; SL 1979, ch 257, §5; SL 1982, ch 276, §4; SL 2017, ch 175, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-24 - Fees required of barbers and barber schools.

36-14-24. Fees required of barbers and barber schools.
The fee to be paid by an applicant for an examination to determine the applicant's fitness to receive a certificate of registration to practice barbering may not exceed one hundred dollars and for the issuance of the certificate, may not exceed fifty dollars. All fees shall be set by the board by rules promulgated pursuant to chapter 1-26. For the annual renewal of a certificate of registration to practice barbering, no more than eighty dollars, and for the restoration of an expired certificate, no more than twenty dollars, plus no more than fifteen dollars penalty for each expired year. The fee to be paid for a permit to operate a barber school or college shall be set by rule promulgated pursuant to chapter 1-26 and may not be more than one hundred fifty dollars annually.
Source:
SDC 1939, §27.1618; SL 1964, ch 88, §5; SL 1979, ch 257, §6; SL 1982, ch 276, §3; SL 1986, ch 302, §18; SL 1995, ch 220, §5; SL 2007, ch 216, §1; SL 2008, ch 191, §32; SL 2017, ch 175, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-25 - Restoration of lapsed certificate.

36-14-25. Restoration of lapsed certificate.
A registered barber who does not continue in active practice or service may have the barber's certificate of registration restored at any time within three years, by paying the required restoration fee.
Source:
SDC 1939, §27.1615; SL 1964, ch 88, §4; SL 2017, ch 175, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-26 - Record of proceedings relative to certificates--Contents--Public inspection.

36-14-26. Record of proceedings relative to certificates--Contents--Public inspection.
The Board of Barber Examiners shall keep a record of its proceedings relative to the issuance, refusal, renewal, suspension, and revocation of certificates of registration, which record shall contain the name, place of business, and the residence of each registered barber and the date and number of the barber's certificate of registration. This record shall be open to public inspection at all reasonable times.
Source:
SDC 1939, §27.1606; SL 2017, ch 175, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-27 - License required for shop--Supervision by registered barber--Petty offense--Application--Fee.

36-14-27. License required for shop--Supervision by registered barber--Petty offense--Application--Fee.
It is a petty offense for any person to operate a barbershop unless it has been licensed by the Board of Barber Examiners and it is at all times under the direct supervision and management of a registered barber. Application shall be made on forms prepared and furnished by the Board of Barber Examiners annually before the first day of July. The fee to accompany such license shall be set by rule promulgated pursuant to chapter 1-26 and may not be more than fifty dollars annually for each shop, plus a fee of no more than ten dollars, for each chair.
Source:
SDC 1939, §27.1607; SL 1961, ch 132; SL 1976, ch 229, §3; SL 1977, ch 190, §177; SL 1979, ch 257, §7; SL 1986, ch 302, §19; SL 1995, ch 220, §6; SL 2007, ch 216, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-28 - Inspection before issuance of shop license--Fee.

36-14-28. Inspection before issuance of shop license--Fee.
No shop license may be issued to any person for any new shop wanting to commence operation, or for any shop changing hands, or changing location, until the shop has passed an inspection of the premises and equipment. The inspection shall be made by the Board of Barber Examiners pursuant to the rules promulgated by the board pursuant to chapter 1-26. The fee for the original inspection may not exceed one hundred twenty-five dollars, as established by the board by rule promulgated pursuant to chapter 1-26, and shall be submitted along with the application for license and license fee.
Source:
SDC 1939, §27.1607 as added by SL 1961, ch 132; SL 1976, ch 229, §4; SL 1986, ch 302, §20; SL 1995, ch 220, §3; SL 2007, ch 216, §3; SL 2008, ch 191, §33.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-29 - Display of shop license--Transfer prohibited--Expiration.

36-14-29. Display of shop license--Transfer prohibited--Expiration.
The license required by §36-14-27 shall be conspicuously displayed in the barbershop and no license shall be transferable from person to person, location to location, or to a new operator at the same location. All such licenses shall expire on the last day of June in each year.
Source:
SDC 1939, §27.1607 as added by SL 1961, ch 132.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-30 - Annual inspection of shops.

36-14-30. Annual inspection of shops.
All barbershops after original inspection pursuant to §36-14-28 shall be inspected annually by the Board of Barber Examiners, but the board may not charge a fee for the annual inspection. However, if the shop does not pass the annual inspection and the inspector has to go back to the shop for a second or subsequent inspection, the Board of Barber Examiners may charge the shop owner for the cost of such inspection.
Source:
SDC 1939, §27.1607 as added by SL 1961, ch 132; SL 1995, ch 220, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-31 - Mobile shop license fee--Annual inspection--Place of operation.

36-14-31. Mobile shop license fee--Annual inspection--Place of operation.
The operator of a mobile barbershop shall pay a license fee required by §36-14-27 annually for each mobile shop operated. Such mobile barbershop after original inspection pursuant to §36-14-28 shall be inspected annually by the State Board of Barber Examiners. No mobile barbershop may be operated in a municipality or unincorporated town in which there is a licensed barbershop.
Source:
SDC 1939, §27.1607 as added by SL 1964, ch 88, §6; SL 1979, ch 257, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-32 - Grounds for refusal, suspension, or revocation of certificates.

36-14-32. Grounds for refusal, suspension, or revocation of certificates.
The Board of Barber Examiners may refuse to issue or renew, or may suspend or revoke, any certificate of registration for any of the following causes:
(1)Conviction of a felony;
(2)Malpractice or incompetency;
(3)Continued practice by a person knowingly having an infectious or contagious disease;
(4)Advertising by means of knowingly false or deceptive statements;
(5)Advertising, practicing, or attempting to practice under a trade name other than one's own;
(6)Drunkenness, or addiction to the use of habit-forming drugs;
(7)Immoral or unprofessional conduct;
(8)The commission of any of the offenses described in §36-14-36.
Source:
SDC 1939, §27.1616; SL 2005, ch 199, §44.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-33 - Procedure for refusal, suspension, or revocation of certificate.

36-14-33. Procedure for refusal, suspension, or revocation of certificate.
The Board of Barber Examiners shall not suspend or revoke, nor refuse to issue, or renew, any certificate of registration, except in compliance with chapter 1-26.
Source:
SDC 1939, §27.1617; revised pursuant to SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-35 - Appeal from Board of Examiners.

36-14-35. Appeal from Board of Examiners.
An appeal from the decision of the Board of Barber Examiners may be taken as provided by chapter 1-26.
Source:
SDC 1939, §27.1617; revised pursuant to SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-36 - Acts declared petty offenses.

36-14-36. Acts declared petty offenses.
The commission of any of the following acts is a petty offense:
(1)The practice of barbering without a certificate of registration;
(2)Permitting any person in one's employ, supervision, or control to practice as a barber, unless that person has a certificate of registration;
(3)Obtaining a certificate of registration by fraudulent misrepresentation;
(4)Failing to display the certificate of registration as required by this chapter;
(5)Using any room or place for barbering which is also used for residential or business purposes, unless a substantial partition of ceiling height separates the portion used for residential or business purposes. The practice of cosmetology or the sale of hair tonics, lotions, creams, cutlery, toilet articles, cigars, or tobacco, may not be construed to mean business purposes;
(6)Failing or refusing to use separate and clean towels for each person served or to discard or launder each towel after once being used; or
(7)Failing or refusing to supply clean hot and cold water in a quantity necessary to conduct any barbershop in a sanitary manner; failing or refusing to have water and sewerage connections with a water and sewage system, where the latter is available; or failing or refusing to maintain a receptacle for hot water of a capacity of less than five gallons.
Source:
SDC 1939, §27.1619; SL 1977, ch 190, §178; SL 1979, ch 257, §9; SL 2017, ch 175, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-37 - Violation of chapter as petty offense.

36-14-37. Violation of chapter as petty offense.
Any violation of the provisions of this chapter is a petty offense.
Source:
SDC 1939, §27.9931; SL 1977, ch 190, §179.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-37.1 - Injunction for enforcement of chapter--Election of remedies.

36-14-37.1. Injunction for enforcement of chapter--Election of remedies.
The Board of Barber Examiners may commence actions for injunction for violation of this chapter or rules promulgated hereunder as an alternate to criminal proceedings. The commencement of one proceeding by the board constitutes an election.
Source:
New section created to carry out directions to the Code Commission contained in SL 1972, ch 15, §4. Amended by SL 1986, ch 302, §21.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-1 - Definition of terms.

36-15-1. Definition of terms.
Terms used in this chapter mean:
(1)"Apprentice," any person licensed by the commission to receive education through an apprenticeship in a salon;
(2)"Apprentice salon," any salon licensed by the commission to teach apprentices;
(3)"Booth," any part within a licensed salon that is rented or leased for the purpose of rendering licensed cosmetology services as a separate, independent salon business;
(4)"Commission," the Cosmetology Commission as established and created in §36-15-3;
(5)"Cosmetologist," any person who, for compensation, engages in any of the practices of cosmetology;
(6)"Cosmetology," any one or any combination of the practices set forth in §36-15-2;
(7)"Demonstrator," any person licensed to practice cosmetology, nail technology, or esthetics in this state, in another state, or in another country, who demonstrates the various practices of cosmetology, as applicable, in order to inform or educate other licensees or the public;
(8)"Esthetician," any person who, for compensation, engages in the practice of esthetics, but not in other practices of cosmetology;
(9)"Esthetics," any one or any combination of the practices set forth in §36-15-2.2;
(10)"Instructor," any person who is licensed by the commission to instruct in a school and who meets the requirements set forth in §36-15-25;
(11)"Nail technology," any one or any combination of the practices set forth in §36-15-17.2;
(12)"Nail technician," any person who, for compensation, engages in the practice of nail technology, but not in other practices of cosmetology;
(13)"Natural hair braiding," any one or any combination of the practices set forth in §36-15-1.1;
(14)"Salon," any place, premise, or building or any part of a building operated for the purpose of engaging in the practice of cosmetology, nail technology, or esthetics, or any combination of these practices;
(15)"School," any place, premise, or building that is licensed by the commission to provide education to students in the practice of cosmetology, nail technology, or esthetics, or any combination of these practices;
(16)"School premises," any permanent building or other structures approved by the commission as a school campus under one school license;
(17)"Student," any person who is licensed by the commission to receive education in a licensed school.
Source:
SDC 1939, §27.1501; SL 1943, ch 106, §1; SL 1957, ch 118, §1; SL 1965, ch 123, §1; SL 1972, ch 206, §§1, 2; SL 1997, ch 218, §1; SL 2003, ch 202, §1; SL 2007, ch 217, §1; SL 2009, ch 182, §1; SL 2017, ch 176, §1; SL 2018, ch 232, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-1.1 - Natural hair braiding defined.

36-15-1.1. Natural hair braiding defined.
Natural hair braiding means a form of hair manipulation that results in tension on hair strands by beading, braiding, cornrowing, extending, lacing, locking, twisting, weaving, or wrapping human hair, natural fibers, synthetic fibers, or hair extensions into a variety of shapes, patterns, and textures and maintenance thereof, by hand or with clips, combs, hairpins, or thread.
Natural hair braiding includes the use of topical agents such as conditioners, gels, moisturizers, oils, pomades, and shampoos.
Natural hair braiding does not involve the use of penetrating chemical hair treatments, chemical hair coloring agents, chemical hair straightening agents, chemical hair joining agents, permanent wave styles, or chemical hair bleaching agents applied to growing human hair.
Source:
SL 2017, ch 176, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-2 - License required to practice cosmetology--Acts constituting practice of cosmetology.

36-15-2. License required to practice cosmetology--Acts constituting practice of cosmetology.
No person may engage in the practice of cosmetology unless the person is licensed by the commission. A person is engaged in the practice of cosmetology if that person, for compensation, a fee, or any valuable consideration, engages in any of the following practices with hands, chemicals, or any mechanical or electrical apparatus or appliance for beautifying or cosmetic purposes:
(1)Hair care by styling, wrapping, arranging, braiding, twisting, weaving, extending, fusing, dressing, curling, waving, permanent waving, singeing, cleansing, shampooing, cutting, bleaching, setting, coloring, straightening, relaxing, fitting, massaging, or similar work upon the hair, scalp, wigs, or hairpieces of a person;
(2)Nail technology;
(3)Esthetics; or
(4)Removal of superfluous hair by nonpermanent means.
Source:
SDC 1939, §27.1502; SL 1957, ch 118, §1; SL 1965, ch 124; SL 1977, ch 190, §179B; SL 1984, ch 252; SL 1999, ch 194, §1; SL 2003, ch 202, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-2.1 - Acts not constituting practice of cosmetology.

36-15-2.1. Acts not constituting practice of cosmetology.
None of the following constitute the practice of cosmetology:
(1)Any person practicing permanent removal of hair by the use of a galvanic or thermalytic needle known as electrolysis;
(2)Any retailer at a retail establishment who in the ordinary course of business is engaged in the demonstration of make-up if:
(a)The make-up is applied only with disposable applicators that are discarded after each customer demonstration;
(b)The demonstration is without charge to the person to whom the demonstration is given; and
(c)The retailer does not advertise or provide a cosmetology service except the sale of make-up and fragrances.
Source:
SL 2003, ch 202, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-2.2 - License required for practice of esthetics--Practices constituting esthetics.

36-15-2.2. License required for practice of esthetics--Practices constituting esthetics.
No person may engage in the practice of esthetics unless the person is licensed by the commission. A person is engaged in the practice of esthetics if that person, for compensation, a fee, or any valuable consideration, engages in any of the following practices with hands, chemicals, or any mechanical or electrical apparatus or appliance for beautifying or cosmetic purposes:
(1)Beautifying, massaging, cleansing, exfoliating, stimulating, or applying oils, creams, cosmetic preparations, make-up, facial treatments, body treatments, body wraps, antiseptics, scrubs, clays, lotions, masks, waxes, or other preparations for the noninvasive care of the skin. For purposes of this subdivision, noninvasive means confined to the nonliving cells of the stratum corneum of the epidermis. Such practices shall be in a superficial mode and not for the treatment of medical disorders, and living cells may never be altered, cut, or damaged;
(2)Grooming or applying eyebrows or eyelashes, including arching and tinting; or
(3)Removing superfluous hair by nonpermanent means, including tweezing and waxing.
Esthetics does not include scalp treatments or scalp massage.
Source:
SL 2003, ch 202, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-2.3 - Application for esthetics examination--Information required.

36-15-2.3. Application for esthetics examination--Information required.
Any person desiring to practice esthetics in this state as an esthetician shall apply to the commission to take the esthetics examination. The application shall:
(1)Contain the information required by §36-15-15;
(2)Contain proof that the applicant is enrolled in or has completed the required hours of education, as established by rules pursuant to §36-15-13, or equivalent credit hours in an approved and licensed cosmetology or esthetics school or in lieu of such education, is enrolled or has successfully completed a course of apprenticeship in a licensed cosmetology or esthetics salon as provided for in this chapter; and
(3)Be accompanied by the fee required in this chapter.
Source:
SL 2003, ch 202, §22; SL 2005, ch 201, §1; SL 2018, ch 233, §1; SL 2021, ch 176, § 1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-2.4 - Terms of licenses--Renewal dates.

36-15-2.4. Terms of licenses--Renewal dates.
Any license or permit issued under this chapter or any license issued under prior law may be renewed for periods of one year, but in any event expiring on the renewal date as established by the commission. The commission shall, by rules promulgated pursuant to chapter 1-26, establish the renewal date for any licenses or permits issued under this chapter.
Source:
SL 2003, ch 202, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-3 - Cosmetology Commission--Appointment and terms of members--Oath of office.

36-15-3. Cosmetology Commission--Appointment and terms of members--Oath of office.
The Cosmetology Commission shall perform all functions exercised by the former State Board of Cosmetology. The Cosmetology Commission consists of five members to be appointed by the Governor for a term of three years. No member may serve more than three consecutive full terms. However, appointment to fill an unexpired term is not considered a complete term for this purpose. Not all of the members may be of the same political party. Three members shall be currently licensed as cosmetologists in this state at the time of their appointment. Two members shall be lay people. The Governor may stagger the terms to enable the commission to have different terms expire each year. Any member appointed to the commission prior to July1, 2005, shall serve the four-year term to which the member was originally appointed. Any member appointed to the commission after July1, 2005, shall serve a three-year term. Each member of the commission shall take the oath of office as provided by law for public officials.
Source:
SDC 1939, §27.1504; SL 1957, ch 118, §1; SL 1963, ch 155; SL 1980, ch 379, §§17 to 20; SL 2005, ch 199, §45.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-4 - Qualifications of professional commission members--School affiliation prohibited.

36-15-4. Qualifications of professional commission members--School affiliation prohibited.
Each professional member of the commission shall be:
(1)A resident of this state;
(2)At least twenty-five years of age;
(3)Actively engaged in the practice of cosmetology for the three years immediately preceding the appointment; and
(4)Currently licensed as a cosmetologist in this state at the time of the appointment and while serving on the commission.
No member of the commission may be a member of or affiliated with or have an interest in any school while in office.
Source:
SDC 1939, §27.1504 as enacted by SL 1957, ch 118, §1; SL 1963, ch 155; SL 1972, ch 206, §3; SL 1980, ch 379, §19; SL 2003, ch 202, §6; SL 2020, ch 168, § 9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-4.1 - Lay members of commission--Appointment and terms of office.

36-15-4.1. Lay members of commission--Appointment and terms of office.
The membership of the Cosmetology Commission shall include two lay persons who are users of the services regulated by the commission. The term lay persons who are users refers to persons who are not licensed by the commission but where practical use the services licensed, and the meaning shall be liberally construed to implement the purpose of this section. The lay members shall be appointed by the Governor and shall have the same terms of office as other members of the commission.
Source:
SL 1973, ch 2, §58; SL 1980, ch 379, §19.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-5 - Annual election of officers of commission--Meetings--Quorum.

36-15-5. Annual election of officers of commission--Meetings--Quorum.
The commission shall organize at its first meeting after July first of each year by electing from its membership a president, a vice-president, and a secretary-treasurer. The commission shall meet at such times and places as shall be designated by the commission. Any three members of the commission constitute a quorum for the transaction of business.
Source:
SDC 1939, §27.1504 as enacted by SL 1957, ch 118, §1; SL 1963, ch 155; SL 1972, ch 206, §4; SL 2003, ch 202, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-5.1 - Commission continued within Department of Labor and Regulation--Records and reports.

36-15-5.1. Commission continued within Department of Labor and Regulation--Records and reports.
The Cosmetology Commission shall continue within the Department of Labor and Regulation, and shall retain all its prescribed functions, including administrative functions. The commission shall submit such records, information, and reports in the form and at such times as required by the secretary of labor and regulation, except that the commission shall report at least annually.
Source:
SL 1973, ch 2 (Ex. Ord. 73-1), §56(g); SL 2003, ch 272 (Ex. Ord. 03-1), §53; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-6 - Employment of personnel by commission--Expenses--School affiliation prohibited.

36-15-6. Employment of personnel by commission--Expenses--School affiliation prohibited.
The commission may employ personnel as it deems necessary to administer and enforce the provisions of this chapter. The commission may pay the travel and subsistence expenses of each employee pursuant to the provisions of §3-9-2. However, no employee of the commission may be connected or associated in any manner with any school.
Source:
SDC 1939, §27.1504 as enacted by SL 1957, ch 118, §1; SL 1963, ch 155; SL 1972, ch 206, §5; revised pursuant to SL 1973, ch 23; SL 1986, ch 27, §28; SL 2003, ch 202, §8; SL 2015, ch 260, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-9 - Fees paid in advance--Use by commission.

36-15-9. Fees paid in advance--Use by commission.
All fees provided for in this chapter shall be paid in advance to the secretary-treasurer of the State Cosmetology Commission, and shall be kept by the commission to pay its necessary expenses including the paying of any additional assistance required by the commission in performing its functions as set forth in this chapter.
Source:
SDC 1939, §27.1515; SL 1957, ch 118, §1; SL 1972, ch 206, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-11 - General duties of commission members.

36-15-11. General duties of commission members.
The duties of the members of the commission include:
(1)Inspecting salons, booths, schools, nail technicians, estheticians, and cosmetologists;
(2)Conducting examinations for applicants for licenses under this chapter;
(3)Approving continuing education courses;
(4)Investigating violations and enforcing provisions of this chapter and the rules established by the commission pursuant to this chapter;
(5)Maintaining an office for the keeping of records; and
(6)Doing all things necessary for the proper administration of this chapter.
Source:
SDC 1939, §27.1504; omitted SL 1957, ch 118, §1; re-enacted SL 1963, ch 155; SL 1972, ch 206, §9; SL 1997, ch 218, §2; SL 2003, ch 202, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-13 - Scope of rules.

36-15-13. Scope of rules.
The commission may adopt rules pursuant to chapter 1-26 pertaining to the following:
(1)Application requirements for any license or permit issued pursuant to this chapter;
(2)Examinations;
(3)Reports of students' education and work performed;
(4)Minimum standards and requirements for cosmetology, nail technology, and esthetics salons and schools;
(5)Minimum standards for plumbing, electrical, physical, and sanitary conditions for the health and safety of persons utilizing cosmetology, nail technology, or esthetics salons or schools;
(6)The professional conduct of licensees;
(7)The reinstatement of lapsed licenses and lapsed renewal pursuant to §36-15-20.1;
(8)The fee for a lapsed license and lapsed renewal pursuant to §36-15-20.1;
(9)The course and education requirements received by transfer students pursuant to §36-15-34;
(10)The textbooks, educational material, and the general course of study for schools and for cosmetology salons and nail salons having apprentices pursuant to §36-15-46;
(11)The progress and education received by an apprentice pursuant to §36-15-48;
(12)The fees for all licenses, permits, and renewals;
(13)Minimum standards for the use of chemicals or any mechanical or electrical apparatus or appliance;
(14)Amount of work experience of an out-of-state licensed applicant that may be used as a substitute for the education requirement pursuant to §§36-15-17, 36-15-17.1, and 36-15-2.3;
(15)Inspection and reinspection of individual licensees, salons, and schools;
(16)Administration and duties of the commission; and
(17)Minimum hours of education for esthetics licensing.
Source:
SDC 1939, §27.1505; SL 1957, ch 118, §1; SL 1972, ch 206, §12; SL 1982, ch 276, §1; SL 1986, ch 302, §3; SL 1997, ch 218, §3; SL 2003, ch 202, §12; SL 2005, ch 201, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-13.2 - Continuing education for licensees--Commission authorized to adopt rules--Scope.

36-15-13.2. Continuing education for licensees--Commission authorized to adopt rules--Scope.
The commission may adopt rules pursuant to chapter 1-26 pertaining to continuing education for licensees on health issues, safety issues, and services that require the use of chemicals or electrical or mechanical apparatus. The commission may provide, by rule promulgated pursuant to chapter 1-26, the kinds and subjects of education and the number of hours of education required. The commission may also substitute experience in addition to or in lieu of educational requirements. The commission may waive any of the education requirement in case of certified illness or undue hardship. The commission may establish a fee by rules adopted pursuant to chapter 1-26 to cover the cost of verifying the required continuing education. The commission may offer a course and charge a registration fee to cover the costs.
Source:
SL 2003, ch 202, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-14 - Access of authorities to salons or schools for inspection and enforcement purposes.

36-15-14. Access of authorities to salons or schools for inspection and enforcement purposes.
The commission, any state or local board of health, or any officer or employee thereof, may enter during the business hours, any salon or school licensed under the provisions of this chapter and any other place where the practice of cosmetology is followed, practiced, or taught for the purpose of inspection and enforcement of this chapter and the rules adopted pursuant to this chapter.
Source:
SDC 1939, §27.1505; SL 1957, ch 118, §1; SL 1972, ch 206, §14; SL 2003, ch 202, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-15 - Application for license or permit--Evidence of qualifications.

36-15-15. Application for license or permit--Evidence of qualifications.
An applicant for any license or permit shall first submit evidence, satisfactory to the commission that the applicant:
(1)Is at least eighteen years of age or older, except as otherwise provided in this chapter; and
(2)Has complied with all the rules adopted by the commission as to the qualifications, standards, and requirements required for the license and application.
Source:
SDC 1939, §§27.1503, 27.1508; SL 1947, ch 125, §2; SL 1957, ch 118, §1; SDC Supp 1960, §27.1508 (3); SL 1965, ch 128; SL 1967, ch 105, §3; SDCL, §§36-15-15, 36-15-17; SL 1972, ch 206, §15; SL 2003, ch 202, §18; SL 2020, ch 168, § 10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-16 - Persons exempt from chapter.

36-15-16. Persons exempt from chapter.
This chapter does not apply to services rendered by regularly licensed physicians, physician assistants, nurses, podiatrists, chiropractors, physical therapists, occupational therapists, morticians, barbers, or licensed demonstrators when exclusively engaged in the practice of their respective professions.
Source:
SDC 1939, §27.1514; SL 1957, ch 118, §1; SL 1972, ch 206, §16; SL 2003, ch 202, §19.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-16.1 - Natural hair braiding exempt from chapter.

36-15-16.1. Natural hair braiding exempt from chapter.
Any person engaging solely in natural hair braiding as set forth in §36-15-1.1 is exempt from the provisions of this chapter.
Source:
SL 2017, ch 176, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-17 - Application for cosmetologist examination--Information required.

36-15-17. Application for cosmetologist examination--Information required.
Any person desiring to practice cosmetology in this state as a cosmetologist shall make application to the commission to take the examination. The application shall:
(1)Contain the information required pursuant to §36-15-15;
(2)Contain information satisfactory to the commission that the applicant is enrolled in or has completed fifteen hundred hours of education or equivalent credit hours in an approved and licensed cosmetology school, or in lieu of such education, is enrolled in or has successfully completed a course of apprenticeship in a licensed cosmetology salon as provided for in this chapter; and
(3)Be accompanied by the fee required in this chapter.
Source:
SDC 1939, §27.1508; SL 1947, ch 125, §2; SL 1957, ch 118, §1; SDC Supp 1960, §27.1508 (3); SL 1965, ch 128; SL 1967, ch 105, §3; SL 1972, ch 206, §17; SL 2003, ch 202, §20; SL 2018, ch 233, §2; SL 2018, ch 232, §2, eff. Jan. 1, 2019.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-17.1 - Application for nail technician examination--Information required.

36-15-17.1. Application for nail technician examination--Information required.
Any person desiring to practice nail technology in this state as a nail technician shall apply to the commission to take the nail technician examination. The application shall:
(1)Contain the information required by §36-15-15;
(2)Contain proof that the applicant is enrolled in or has completed four hundred hours of education or equivalent credit hours in an approved and licensed cosmetology or nail school or, in lieu of such education, is enrolled in or has successfully completed a course of apprenticeship in a licensed cosmetology salon or nail salon, as provided in §36-15-45; and
(3)Be accompanied by the fee required in this chapter.
Source:
SL 1997, ch 218, §4; SL 2003, ch 202, §21; SL 2018, ch 233, §3.