reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 15 - Malt Beverage Manufacturers And Microbreweries › Section 35-15-7 - Additional locations of microbrewery--Limitation.

35-15-7. Additional locations of microbrewery--Limitation.
A licensed microbrewery may operate up to five additional locations in this state by obtaining additional licenses of the same class pursuant to this chapter. The quantity of alcoholic beverages produced under the original license and any additional licenses combined may not exceed the total production limits for the license as specified in §35-15-1. Any additional license issued pursuant to this section has the privileges of the original license as specified in §§35-15-5 and 35-15-6.
Source:
SL 2018, ch 224, §7.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 15 - Malt Beverage Manufacturers And Microbreweries › Section 35-15-8 - Permitted sales by malt beverage manufacturer.

35-15-8. Permitted sales by malt beverage manufacturer.
A licensed malt beverage manufacturer may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed malt beverage manufacturer may sell alcoholic beverages produced by the licensee to any wholesaler authorized to receive the alcoholic beverages.
Source:
SL 2018, ch 224, §8.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 15 - Malt Beverage Manufacturers And Microbreweries › Section 35-15-9 - Registration of labels.

35-15-9. Registration of labels.
The holder of any license issued under this chapter shall register labels for each type or brand produced with the department in the same manner as prescribed for alcoholic beverages in chapter 39-13, before sale. If the label or brand states or implies in a false or misleading manner a connection with an actual living or dead Native American leader, the department shall reject the registration of the label.
Source:
SL 2018, ch 224, §9.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 15 - Malt Beverage Manufacturers And Microbreweries › Section 35-15-10 - Promulgation of rules .

35-15-10. Promulgation of rules.
The secretary may promulgate rules, pursuant to chapter 1-26, establishing the criteria and procedures for obtaining a license pursuant to this chapter, and procedures for collecting the excise taxes pertaining to the licenses.
Source:
SL 2018, ch 224, §10.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 16 - Wine Manufacturers › Section 35-16-1 - Wine manufacturer defined.

35-16-1. Wine manufacturer defined.
For the purposes of this chapter the term, wine manufacturer, means any manufacturer located in this state producing, blending, filtering, clarifying, aging and bottling wine, as defined in §35-1-1, that is not a farm winery.
Source:
SL 2018, ch 225, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 16 - Wine Manufacturers › Section 35-16-3 - Application of title.

35-16-3. Application of title.
Except as provided in this chapter, all provisions of title 35 apply to the production, sale, possession, transportation, and consumption of alcoholic beverages produced by any person licensed pursuant to this chapter.
Source:
SL 2018, ch 225, §3.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 16 - Wine Manufacturers › Section 35-16-4 - Excise tax.

35-16-4. Excise tax.
There is hereby levied on all alcoholic beverages produced by any person licensed pursuant to this chapter an excise tax at the same rates and collected and administered in the same manner as the taxes imposed on alcoholic beverages in chapter 35-5. Notwithstanding any other provision of law, the taxes imposed on a wine manufacturer shall be deposited in the general fund.
Source:
SL 2018, ch 225, §4.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 16 - Wine Manufacturers › Section 35-16-5 - Permitted sales.

35-16-5. Permitted sales.
A licensed wine manufacturer may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed wine manufacturer may sell alcoholic beverages produced by the licensee to any wholesaler authorized to receive the alcoholic beverages.
Source:
SL 2018, ch 225, §5.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 16 - Wine Manufacturers › Section 35-16-6 - Registration of labels.

35-16-6. Registration of labels.
The holder of any license issued under this chapter shall register labels for each type or brand produced with the department in the same manner as prescribed for alcoholic beverages in chapter 39-13, before sale. If the label or brand states or implies in a false or misleading manner a connection with an actual living or dead Native American leader, the department shall reject the registration of the label.
Source:
SL 2018, ch 225, §6.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 16 - Wine Manufacturers › Section 35-16-7 - Promulgation of rules.

35-16-7. Promulgation of rules.
The secretary may promulgate rules, pursuant to chapter 1-26, establishing the criteria and procedures for obtaining a license pursuant to this chapter, and procedures for collecting the excise taxes pertaining to the licenses.
Source:
SL 2018, ch 225, §7.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 16 - Wine Manufacturers › Section 35-16-8 - Bulk wine.

35-16-8. Bulk wine.
The quantity of bulk wine in any wine manufacturer's annual production shall not exceed fifty percent of that winery's annual production. The bulk wine must be blended and not bottled. Bulk wine as used in this section means fermented juice from grapes and other fruit bases or honey.
Source:
SL 2018, ch 225, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01 - Restoration Of Professional And Occupational Licenses After Military Service › Section 36-1-1 - Veterans entitled to reinstatement of professional or occupational status after discharge--Compliance with current requirements--Written evidence of authority.

36-1-1. Veterans entitled to reinstatement of professional or occupational status after discharge--Compliance with current requirements--Written evidence of authority.
Any veteran as defined in §33A-2-1 who, at the time of induction, enlistment, or engagement in the armed forces of the United States, was regularly licensed, registered or certified in good standing and was lawfully engaged in this state in the profession, trade, science or business which under any statute or law of this state, or rules or regulations issued pursuant thereto, required such persons to be licensed, registered or certified in order to practice or engage in such profession, trade, science or business, and whose status may have been lost for any reason shall, notwithstanding any law, rule, or regulation, at any time within six months from date of separation from service on application to the proper licensing, registering, certifying or authorizing agency be restored and reinstated to the status held as of the date of such induction or enlistment into said armed forces without complying with or showing compliance with any statute or law, or rule or regulation, the payment of any fees, dues or charges except such as may be current in the year in which such application is made, or being required to submit to any examinations, and any law, rule or regulation to the contrary notwithstanding, shall be entitled to practice or engage in such profession, trade, science or business to all purposes and effects the same as such as existed on the date of induction or enlistment in said armed forces, and such person shall be entitled to receive from the department or state board, commission, agency or officer administering such statute, law, rule or regulation, such certificate, license or written evidence of authority to practice or engage in such profession, trade, science, or business.
Source:
SL 1947, ch 187, §2; SL 1951, ch 217; SDC Supp 1960, §41.0511; SL 2011, ch 1 (Ex. Ord. 11-1), §20, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01 - Restoration Of Professional And Occupational Licenses After Military Service › Section 36-1-2 - Components of armed forces in which qualifying service rendered.

36-1-2. Components of armed forces in which qualifying service rendered.
The term, armed forces, as used in this chapter means all components of the United States Army, Army of the United States, United States Navy, United States Naval Reserve, United States Air Force, United States Marine Corps, United States Marine Corps Reserve, United States Space Force, United States Coast Guard, United States Coast Guard Reserve which shall be construed to include the United States Coast Guard Temporary Reserve, Women's Army Corps, United States Navy Women's Reserve, United States Marine Corps Women's Reserve, United States Coast Guard Women's Reserve, Army Nurse Corps, and Navy Nurse Corps.
Source: SL 1947, ch 187, §1; SDC Supp 1960, §41.0511; SL 2023, ch 109, §22.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01 - Restoration Of Professional And Occupational Licenses After Military Service › Section 36-1-3 - Retroactive operation of chapter.

36-1-3. Retroactive operation of chapter.
This chapter shall operate retroactively and any person within the class named herein practicing or engaged in any profession, trade, science or business on July 1, 1947, shall be deemed to have been fully restored and reinstated to the status existing on the date of induction or enlistment into the armed forces and any act or thing done by any department, state board, commission, agency, or officer restoring and reinstating such person to such status is hereby validated and legalized.
Source:
SL 1947, ch 187, §3; SDC Supp 1960, §41.0511.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01B - Expedited License Procedure For Military Personnel And Spouses › Section 36-1B-1 - Expedited issuance of license, certificate, registration, or permit for active duty military personnel and spouses--Requirements.

36-1B-1. Expedited issuance of license, certificate, registration, or permit for active duty military personnel and spouses--Requirements.
Notwithstanding any other provision in law and unless an applicant is found by the board to have engaged in any act that may constitute grounds for disciplinary action, any licensing body under the provisions of this title shall, within thirty days of receiving a completed application, issue a license, certificate, registration, or permit required for the practice of any business, profession, or occupation in South Dakota to an applicant whose application has been deemed completed by the board and:
(1)Who holds in good standing the same or similar valid license, certificate, registration, or permit required for the practice of any business, profession, or occupation issued by another state or the District of Columbia;
(2)Who is an active duty member of the armed forces of the United States or the spouse of an active duty member of the armed forces of the United States; and
(3)Who is the subject of a military transfer to South Dakota.
An application is considered complete once the applicable licensing board has received all required documentation necessary to process the application.
If a licensing body denies the issuance of a license, certificate, registration, or permit to an applicant pursuant to this section, the licensing body shall report the denial and the reasons for the denial to the Department of Labor and Regulation.
Source:
SL 2013, ch 170, §1; SL 2019, ch 167, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01B - Expedited License Procedure For Military Personnel And Spouses › Section 36-1B-2.1 - Renewal of license, certificate, registration, or permit.

36-1B-2.1. Renewal of license, certificate, registration, or permit.
Any license, certificate, registration, or permit issued pursuant to §36-1B-1 may be renewed until any of the following events occur:
(1)Active duty orders transfer the applicant out of South Dakota;
(2)The applicant no longer holds in good standing the same or similar valid license, certificate, registration, or permit required for the practice of any business, profession, or occupation issued by another state or the District of Columbia;
(3)The applicant fails to adhere to the requirements of the applicable South Dakota licensing body to maintain license, certificate, registration, or permit; or
(4)The full-time active duty status of the member of the armed forces stationed in South Dakota is terminated.
Source:
SL 2019, ch 167, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01B - Expedited License Procedure For Military Personnel And Spouses › Section 36-1B-4 - Fees.

36-1B-4. Fees.
No licensing body under this title may charge an application fee or any other fee payable to the licensing body for a license, certificate, registration, or permit issued pursuant to §36-1B-1. For the purposes of this section, the term, permit, does not include any permit referenced in this title that is required to perform installation work subject to inspection.
Source:
SL 2013, ch 170, §4; SL 2019, ch 167, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01B - Expedited License Procedure For Military Personnel And Spouses › Section 36-1B-5 - Promulgation of rules.

36-1B-5. Promulgation of rules.
Each licensing body under the provisions of this title may promulgate rules pursuant to chapter 1-26 to establish procedures to provide for the expedited issuance of a license, certificate, registration, or permit pursuant to §36-1B-1.
Source:
SL 2013, ch 170, §5; SL 2019, ch 167, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01B - Expedited License Procedure For Military Personnel And Spouses › Section 36-1B-6 - Application of chapter.

36-1B-6. Application of chapter.
Nothing in this chapter or in §13-42-67 or 13-42-69 may be construed to override, supersede, or invalidate any compact or agreement already in place within any profession regulated under titles 13 or 36.
Nothing in this chapter or in §13-42-67 or 13-42-69 prohibits any active duty military member or military spouse from seeking a professional license, certification, registration, or permit as otherwise provided in law for any profession regulated under titles 13 or 36.
Source:
SL 2019, ch 167, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01C - Uniform Complaint And Declaratory Ruling Procedures › Section 36-1C-1 - Definitions.

36-1C-1. Definitions.
Terms used in this chapter mean:
(1)"Administrator," the executive director, executive secretary, or other person designated as being responsible for a professional or occupational licensing's board, commission, or agency operation;
(2)"Agency," a professional or occupational licensing board, commission, or agency set forth in title 36;
(3)"Complaint," an allegation of a violation of the laws or rules of a professional or occupational licensing board, commission, or agency set forth in title 36;
(4)"Investigative committee," one or more persons employed or contracted by a professional or occupational licensing board, commission, or agency set forth in title 36 to review and investigate complaints;
(5)"License," any certification, license, permit, or other authorization related to the practice of any profession or occupation regulated under title 36.
Source:
SL 2021, ch 168, § 1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01C - Uniform Complaint And Declaratory Ruling Procedures › Section 36-1C-2 - Complaints--Jurisdiction.

36-1C-2. Complaints--Jurisdiction.
Any person claiming that a licensee or an applicant for a license under title 36 has engaged in or is engaging in conduct constituting grounds for disciplinary action, as enumerated in the laws or rules of the agency, may file with the agency a written complaint. The agency shall require the complaining party to file a complaint stating the name of the applicant or licensee against whom the complaint is made and setting out, in full detail, the conduct that is alleged to be in violation and may prescribe the form on which a written complaint is made.
The administrator shall request the complainant provide additional information if the complaint does not state a claim within the jurisdiction of the agency.
Failure of the complainant to comply with this section is basis for the administrator to reject the complaint without further action.
Source:
SL 2021, ch 168, § 2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01C - Uniform Complaint And Declaratory Ruling Procedures › Section 36-1C-3 - Receipt of complaint--Time to respond--Failure to respond.

36-1C-3. Receipt of complaint--Time to respond--Failure to respond.
Upon receipt of a properly submitted complaint within the agency's jurisdiction, the administrator shall serve a copy of the complaint by mail or electronic mail upon the applicant or licensee complained against.
The applicant or licensee complained against shall send a response to the complaint to the administrator of the agency within twenty business days after service of the complaint on the applicant or licensee. Upon receipt of the response of the applicant or licensee, or upon expiration of the time for the applicant or licensee complained against to respond, the administrator shall assign an investigative committee to determine if the complaint has probable cause and constitutes grounds for disciplinary action or lacks probable cause and should be dismissed.
The twenty business days may be extended by the administrator for good cause.
Failure to respond to the complaint is grounds for disciplinary action.
Source:
SL 2021, ch 168, § 3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01C - Uniform Complaint And Declaratory Ruling Procedures › Section 36-1C-4 - Investigation--Dismissal permitted.

36-1C-4. Investigation--Dismissal permitted.
Upon completion of the investigation, the investigating committee shall recommend to the agency whether the complaint should be dismissed for lack of probable cause, resolved by informal disposition, or settled by a formal hearing. The failure of an applicant or licensee to comply with the investigation is grounds for denial of the application or disciplinary action.
An agency may allow the investigative committee to dismiss a complaint. Any dismissal by the investigative committee must be reported to the agency at its next scheduled meeting or within thirty days, whichever is shorter.
An investigative committee includes the agency's legal counsel.
Source:
SL 2021, ch 168, § 4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01C - Uniform Complaint And Declaratory Ruling Procedures › Section 36-1C-5 - Option to authorize limited administrative fines for specified violations.

36-1C-5. Option to authorize limited administrative fines for specified violations.
The agency may authorize the administrator to impose an administrative fine upon proof of a violation of specified statutes or rules without additional prior approval. Any action taken pursuant to this section shall be reported to the agency at its next scheduled meeting or within thirty days, whichever is shorter.
Any administrative fine issued under this section may be appealed by requesting a contested case under chapter 1-26. Notice of appeal must be submitted to the administrator within twenty calendar days of service of the fine.
Any fine issued under this section may not exceed five hundred dollars.
Source:
SL 2021, ch 168, § 5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01C - Uniform Complaint And Declaratory Ruling Procedures › Section 36-1C-6 - Informal disposition--Notice.

36-1C-6. Informal disposition--Notice.
The agency may accept an informal disposition regarding a violation of the laws or rules under the agency's jurisdiction. The agreed upon disposition must be in writing and is subject to the approval of the agency.
Failure to comply with the terms of an informal disposition is grounds for disciplinary action or allows the agency to institute or reinstitute formal proceedings.
The administrator shall notify, in writing, any complaining party of the results of the informal disposition of a complaint and the action taken, if any.
Source:
SL 2021, ch 168, § 6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01C - Uniform Complaint And Declaratory Ruling Procedures › Section 36-1C-7 - Formal complaint.

36-1C-7. Formal complaint.
If an alleged violation has probable cause constituting grounds for disciplinary action, the legal counsel for the agency may commence formal proceedings by serving a formal complaint by mail or electronic mail upon the applicant or licensee complained against.
The formal complaint must include the name of the applicant or licensee complained against, and a statement of facts setting forth the nature of the violations being charged that constitute grounds for disciplinary action.
Source:
SL 2021, ch 168, § 7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01C - Uniform Complaint And Declaratory Ruling Procedures › Section 36-1C-8 - Response to formal complaint.

36-1C-8. Response to formal complaint.
The applicant or licensee shall file an answer with the administrator within twenty calendar days after service of the complaint admitting, denying, qualifying, or explaining all facts alleged in the formal complaint and all defenses of the applicant or licensee or mitigating factors.
Source:
SL 2021, ch 168, § 8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01C - Uniform Complaint And Declaratory Ruling Procedures › Section 36-1C-9 - Notice of hearing.

36-1C-9. Notice of hearing.
After the receipt of the response in § 36-1C-8, the agency's counsel shall file a notice of hearing pursuant to § 1-26-17. The notice of hearing must be served no later than twenty calendar days prior to the hearing date.
The agency may continue the date of the hearing as necessary. The agency's counsel shall serve notice of any new date by electronic mail to the applicant or licensee's address on file with the agency. If the applicant or licensee does not have electronic mail, communication shall be sent to the mailing address on file with the agency.
Source:
SL 2021, ch 168, § 9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01C - Uniform Complaint And Declaratory Ruling Procedures › Section 36-1C-10 - Appearance required of applicant or licensee.

36-1C-10. Appearance required of applicant or licensee.
The applicant or licensee appearing before the agency at a formal hearing shall appear in person unless otherwise waived by the agency. If an applicant or licensee fails to appear, the hearing may proceed without the applicant or licensee.
Source:
SL 2021, ch 168, § 10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01C - Uniform Complaint And Declaratory Ruling Procedures › Section 36-1C-11 - Board or commission member disqualified.

36-1C-11. Board or commission member disqualified.
If an alleged violation against an applicant or licensee is filed by a member of the agency's board or commission, or if a member of the agency's board or commission participates in the investigation of a violation by an applicant or licensee, that agency's board or commission member is disqualified from participating in the final decision rendered by the agency board or commission.
Source:
SL 2021, ch 168, § 11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01C - Uniform Complaint And Declaratory Ruling Procedures › Section 36-1C-12 - Written waiver of procedures.

36-1C-12. Written waiver of procedures.
An applicant for a license or licensee may, in writing, waive any procedure granted to the applicant or licensee under this chapter.
Notwithstanding any other provision of law, nothing in this chapter shall be construed to limit an agency's authority for emergency action under § 1-26-29.
Source:
SL 2021, ch 168, § 12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01C - Uniform Complaint And Declaratory Ruling Procedures › Section 36-1C-13 - Promulgation of rules.

36-1C-13. Promulgation of rules.
The Departments of Agriculture and Natural Resources, Health, Labor and Regulation, and Social Services shall promulgate rules, pursuant to chapter 1-26, to make any consistent addition to the procedures in this chapter in order to comply with any federal statutes, rules, and regulations regarding a profession or occupation within their respective department.
Source: SL 2021, ch 168, § 13; SL 2021, ch 1, § 14
.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01C - Uniform Complaint And Declaratory Ruling Procedures › Section 36-1C-14 - Petition for declaratory ruling.

36-1C-14. Petition for declaratory ruling.
A person seeking a ruling as to the applicability to that person of a law, rule, or order of an agency under title 36 may file with the agency a petition for declaratory ruling in substantially the following form:
Pursuant to the provisions of SDCL 1-26-15, I, (name of petitioner), of (address of petitioner), am (title or capacity of petitioner), and do hereby petition the professional or occupational board or commission of (state name of body) for its declaratory ruling in regard to the following:
(1)The statutes or rules or order in question is: (here identify and quote the pertinent statute, rule, or order.):
(2)The facts and circumstances that give rise to the issue to be answered by the professional or occupational board or commission's declaratory ruling:
(3)The precise issue to be answered by the professional or occupational board or commission's declaratory ruling:
Dated at (city and state), this ________ day of _____________, _____.
___________________________
(Signature of Petitioner)
Source:
SL 2021, ch 168, § 14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01C - Uniform Complaint And Declaratory Ruling Procedures › Section 36-1C-15 - Action on petition.

36-1C-15. Action on petition.
Upon receipt of the petition, the administrator may request from the petitioner any information that may be required for the issuance of its ruling. At the agency's next regularly scheduled meeting following the receipt of the petition or following receipt of requested information, or within ninety days, whichever is shorter, the agency shall issue its declaratory ruling and serve a copy of it by mail or electronic mail upon the petitioner.
Source:
SL 2021, ch 168, § 15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01C - Uniform Complaint And Declaratory Ruling Procedures › Section 36-1C-16 - Appeal of declaratory ruling.

36-1C-16. Appeal of declaratory ruling.
Any person seeking a declaratory ruling hereunder, is considered aggrieved if, within thirty days of the agency's declaratory ruling, a request is made for the agency to conduct a formal hearing. The hearing must be held at the earliest convenience of the agency following the receipt of the request. A hearing under this section is a contested case under chapter 1-26.
Source:
SL 2021, ch 168, § 16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01D - Licensure By Endorsement › Section 36-1D-1 - Eligibility--Licensure by endorsement.

36-1D-1. Eligibility--Licensure by endorsement.
Notwithstanding any existing provisions related to licensure by endorsement or licensure by reciprocity in any applicable licensing statute, a licensing board or a department secretary, if the secretary is responsible for issuing the license, shall issue a license, certificate, registration, or permit to an applicant to allow practice in this state if, upon application to the licensing board, the applicant satisfies all of the following conditions:
(1)Holds a current license, certificate, registration, or permit from another state, territory, or country and the licensing board determines that state's, territory's, or country's requirements are substantially equivalent to or exceed the requirements established in this state;
(2)Demonstrates competency in the profession or occupation through methods determined by the licensing board or a department secretary, if the secretary is responsible for issuing the license;
(3)Has not committed any act that constitutes grounds for refusal, suspension, or revocation of a license, certificate, registration, or permit to practice that profession or occupation in this state unless the licensing board determines, in its discretion, that the act should not be an impediment to the granting of a license, certificate, registration, or permit to practice in this state;
(4)Is in good standing and has not been disciplined by the jurisdiction that issued the license, certificate, registration, or permit unless the licensing board determines, in its discretion, that the discipline should not be an impediment to the granting of a license, certificate, registration, or permit to practice in this state; and
(5)Pays any fees established by the licensing board by rules promulgated pursuant to chapter 1-26.
Source: SL 2021, ch 169, §1; SL 2023, ch 133, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01D - Licensure By Endorsement › Section 36-1D-2 - Provisional license--Duration.

36-1D-2. Provisional license--Duration.
A licensing board or a department secretary, if the secretary is responsible for issuing the license, may issue a provisional license, certificate, registration, or permit to an applicant for licensure by endorsement while the applicant is satisfying remaining requirements for the licensure by endorsement as determined by the board. The holder of a provisional endorsement license issued under this section may practice until any of the following occurs:
(1)A license, certificate, registration, or permit is denied by the licensing board under this section;
(2)The expiration of the provisional endorsement license as established by the board by regulation; or
(3)The holder of the provisional endorsement license fails to comply with the terms of the provisional license.
Source: SL 2021, ch 169, §2; SL 2023, ch 133, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01D - Licensure By Endorsement › Section 36-1D-3 - Application of chapter.

36-1D-3. Application of chapter.
Nothing in this chapter may be construed to override, supersede, or invalidate any compact or agreement already in place with regard to the regulation of any profession listed under §36-1D-4.
Source: SL 2021, ch 169, §3; SL 2023, ch 133, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 01D - Licensure By Endorsement › Section 36-1D-4 - Affected professions.

36-1D-4. Affected professions.
The provisions of this chapter apply to any of the following:
(1)Any occupation licensed pursuant to title 36;
(2)Emergency medical technicians and emergency medical responders licensed pursuant to chapter 34-11;
(3)Water and wastewater operators licensed pursuant to chapter 34A-3;
(4)Teachers, administrators, and other educational professionals licensed pursuant to chapter 13-42; and
(5)Commercial pesticide applicators licensed pursuant to chapter 38-21.
Source: SL 2021, ch 169, §4; SL 2023, ch 133, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-1 - Definition of terms.

36-2-1. Definition of terms.
Terms used in this chapter, unless the context otherwise requires, mean:
(1)"Basic science," anatomy, physiology, bacteriology, pathology and chemistry, so far as same relates to the human system or mind as generally treated in each or all of said subjects;
(2)"Diagnosis," the use professionally of any means for the discovery, recognition or determination of character of any human ill;
(3)"Healing art," "healing," "art of healing," "practicing healing," "practicing of healing," any system, treatment, operation, diagnosis, prescription, or practice for the ascertainment, cure, relief, palliation, adjustment, or practice for the ascertainment, cure, relief, palliation, adjustment, or correction of any human disease, ailment, deformity, injury, unhealthy or abnormal physical or mental condition;
(4)"Human ill," any human disease, ailment, deformity, injury or unhealthy or abnormal physical or mental condition of any nature;
(5)"Person," any individual or group of individuals;
(6)"Treatment," the use of drugs, surgery, including appliances, manual or mechanical means, or any other means of any nature whatsoever, for the cure, relief, palliation, adjustment or correction of any human ill as defined herein.
Source:
SL 1939, ch 104, §1; SL 1953, ch 130, §1; SDC Supp 1960, §§27.0317, 27.0401; SDCL, §§36-2-1, 36-3-1; SL 1986, ch 27, §38.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-2 - License required to diagnose or treat human ills--Practice subject to statutory limitations--Violation as misdemeanor.

36-2-2. License required to diagnose or treat human ills--Practice subject to statutory limitations--Violation as misdemeanor.
No person shall in any manner engage in, offer to engage in, or hold himself out as qualified to engage in the diagnosis or treatment of any human ill, unless such person is the holder of a legal and unrevoked license or certificate issued under the laws of South Dakota authorizing such person to practice the healing art covered by such license and is practicing thereunder in the manner and subject to the limitations provided by the laws of the State of South Dakota for the issuance of such license or certificate for the practice thereunder. A violation of this section is a Class 2 misdemeanor. Each day of violation is a separate offense.
Source:
SL 1953, ch 130, §2; SDC Supp 1960, §27.0318; SL 1992, ch 158, §67.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-3 - Use of word "doctor" as evidence of practice--Basic science certificate required.

36-2-3. Use of word "doctor" as evidence of practice--Basic science certificate required.
If any person appends to his name the word "doctor" or any contraction thereof, any other word, abbreviation, or designation indicating that he is qualified to make diagnosis or treatment, such shall constitute prima facie evidence that such person is holding himself out as qualified to engage in such diagnosis or treatment.
Source:
SL 1953, ch 130, §2; SDC Supp 1960, §27.0318; SL 1986, ch 27, §39.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-4 - Legally qualified persons exempt.

36-2-4. Legally qualified persons exempt.
Nothing contained in this chapter shall be construed to apply to any legally qualified person when engaged exclusively in the practice of his profession, as defined by law.
Source:
SL 1953, ch 130, §3; SDC Supp 1960, §27.0319 (3).
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-5 - Persons holding academic degrees exempt.

36-2-5. Persons holding academic degrees exempt.
Nothing contained in this chapter shall be construed to prevent a person holding the doctorate degree in philosophy, education, dentistry, optometry, podiatry, veterinary science, psychology, or any academic field, from appending to his name the word "doctor" or any contraction thereof, when such degree has been bestowed by a reputable institution.
Source:
SL 1953, ch 130, §3; SDC Supp 1960, §27.0319 (1).
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-6 - Psychoanalysts exempt.

36-2-6. Psychoanalysts exempt.
Nothing contained in this chapter shall be construed to apply to any qualified lay psychoanalyst who is practicing psychoanalysis in cooperation with a physician or doctor of medicine.
Source:
SL 1953, ch 130, §3; SDC Supp 1960, §27.0319 (5).
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-7 - Psychologists exempt.

36-2-7. Psychologists exempt.
Nothing contained in this chapter shall be construed to interfere in any way with a qualified psychologist in the discharge of his professional duties while employed by any state or governmental agency, or any recognized college or university.
Source:
SL 1953, ch 130, §3; SDC Supp 1960, §27.0319 (7).
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-8 - Officers of armed forces and federal service exempt.

36-2-8. Officers of armed forces and federal service exempt.
Nothing contained in this chapter shall be construed to apply to any person who is qualified and authorized to practice any of the healing arts who is a commissioned officer in the United States Army, Navy, Air Force, or Marine Hospital Service, or of the United States Veterans' Administration, or of the United States Public Health Service, in the actual performance of his duties.
Source:
SL 1953, ch 130, §3; SDC Supp 1960, §27.0319 (2).
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-9 - Consulting practitioners from other states exempt.

36-2-9. Consulting practitioners from other states exempt.
Nothing contained in this chapter shall be construed to apply to any licensed person practicing any of the healing arts outside of this state when in actual consultation with a licensed practitioner of the healing arts in this state.
Source:
SL 1953, ch 130, §3; SDC Supp 1960, §27.0319 (4).
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-10 - Religious practitioners exempt.

36-2-10. Religious practitioners exempt.
Nothing contained in this chapter shall be construed to interfere with the practice of those who endeavor to prevent or cure disease or suffering by spiritual means or prayer.
Source:
SL 1953, ch 130, §3; SDC Supp 1960, §27.0319 (6).
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-12 - Injunction to prevent violations--Election of remedies.

36-2-12. Injunction to prevent violations--Election of remedies.
Any person violating the provisions of this chapter may be enjoined from further violations in the circuit courts of this state under the rules of civil procedure at the suit of the state's attorney of the county wherein the violations occurred or suit may be brought by any citizen of the state. The Board of Examiners shall be empowered to commence actions for injunctions for violation of this chapter as an alternate to criminal proceedings, and the commencement of one proceeding by the board constitutes an election.
Source:
SL 1957, ch 121; SDC Supp 1960, §27.0321; revised pursuant to SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-15 - Discrimination between practitioners of vision services prohibited to public employees.

36-2-15. Discrimination between practitioners of vision services prohibited to public employees.
No official or employee of any department, board, commission, or agency of this state, or of any of its political subdivisions, shall in the performance of official duties interfere with any person's freedom of choice in the selection of practitioners licensed to perform vision services pursuant to chapters 36-4 and 36-7, nor shall any such official or employee discriminate between such licensees within the scope of their respective practices when requiring or recommending such services to be performed by such licensees under any public program.
Source:
SL 1977, ch 293.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-16.1 - Medical record--Definitions.

36-2-16.1. Medical record--Definitions.
Terms used in this §§36-2-16.1 to 36-2-17, inclusive, mean:
(1)“Electronic health information,” an electronic record of information about a patient’s health, which is:
(a)Created, gathered, consulted, and managed by the patient’s health care provider; and
(b)Made available to the patient through a patient portal;
(2)“Health care provider,” any licensed health care facility or any person licensed, certified, or otherwise authorized or permitted by law to provide health care;
(3)“Medical record,” information, in any form or medium, that pertains to a patient’s health care, including the patient's medical history, diagnosis, prognosis, medical condition or billing, and is maintained by a health care provider for purposes of caring for the patient’s health, provided the term does not include any information subject to the provisions of §62-7-8;
(4)“Medical records company,” an entity that stores, locates, or copies medical records for a health care provider;
(5)“Patient,” any of the following:
(a)An individual who receives or has received health care from a health care provider;
(b)Any person authorized to make health care decisions for an individual referenced in subsection (a), pursuant to chapter 29A-5 or 34-12C, or §§59-7-2.1 and 59-7-2.4; or
(c)If the individual referenced in subsection (a) is a minor, the minor’s parent, unless the minor lawfully obtained the health care documented in the applicable medical record without the consent or notification of the parent; and
(6)“Patient Portal,” a secure online website that:
(a)Is owned and operated by a health care provider; and
(b)Gives a patient access to the patient’s electronic health information from anywhere, using an internet connection.
Source: SL 2023, ch 134, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-16.2 - Medical record--Provision upon request.

36-2-16.2. Medical record--Provision upon request.
Upon receiving a written request or an authorization for release of a medical record, signed by a patient, a health care provider or medical records company shall provide a copy of the patient’s medical record, if available, to the patient or to any person duly authorized by the patient to receive the record.
Source: SL 2023, ch 134, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-16.3 - Medical record--Patient portal access fee prohibited.

36-2-16.3. Medical record--Patient portal access fee prohibited.
A health care provider may not charge a patient a fee for access to the patient’s electronic health information through a patient portal.
Source: SL 2023, ch 134, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-16.4 - Medical record--Copy fees--Other costs.

36-2-16.4. Medical record--Copy fees--Other costs.
A health care provider or a medical records company may charge the following fees:
(1)For a paper copy of a medical record not specified below, the fee may not exceed ten dollars for the first ten pages and thirty-three cents for each additional page;
(2)For an electronic copy of a medical record not specified below, the fee may not exceed twenty-five cents per page;
(3)For a printed copy of an x-ray, magnetic resonance imaging, computerized tomography scan, or any other form of medical imaging, the fee may not exceed ten dollars; and
(4)For an x-ray, magnetic resonance imaging, computerized tomography scan, or any other form of medical imaging copied onto a compact disc, digital video disc, or other transportable electronic media, the fee may not exceed fifteen dollars.
A health care provider or medical records company may also impose a charge to cover the cost of postage or shipping, together with any applicable tax.
Source: SL 2023, ch 134, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-16.5 - Medical record--Search fee--Designees or third parties.

36-2-16.5. Medical record--Search fee--Designees or third parties.
If a patient directs a health care provider or a medical records company to provide a copy of the patient’s medical record directly to another person designated by the patient, or if a third party requests a copy of a patient’s medical record pursuant to an authorization signed by the patient, the healthcare provider or medical records company may charge, in addition to any other fee allowed under §§32-2-16.1 to 36-2-17, inclusive, a fee to search for the medical record, regardless of whether any record is found. The search fee may not exceed eighteen dollars.
Source: SL 2023, ch 134, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-16.6 - Medical record--Certification fee.

36-2-16.6. Medical record--Certification fee.
A health care provider or medical records company may charge a fee for providing a signed certification, attesting that the copy of the medical record is an accurate and complete copy of the patient's original medical record on file for the time period specified in the request. The certification fee may not exceed ten dollars.
Source: SL 2023, ch 134, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-16.7 - Medical record--Fees authorized for subpoena response.

36-2-16.7. Medical record--Fees authorized for subpoena response.
Sections 36-2-16.1 to 36-2-16.6, inclusive, apply to any medical record produced by a health care provider or medical records company pursuant to a subpoena issued under the authority of a court, an administrative body, or other tribunal.
Source: SL 2023, ch 134, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-17 - Medical record--Immunity from liability.

36-2-17. Medical record--Immunity from liability.
A licensee, complying in good faith with §§36-2-16.1 to 36-2-16.7, inclusive, may not be held liable for any injury or damage proximately resulting from that compliance.
Source: SL 1981, ch 258, §4; SL 2023, ch 134, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 02 - Practitioners Of Healing Arts In General › Section 36-2-18 - Unaffiliated health care facility.

36-2-18. Unaffiliated health care facility.
As used in §36-2-19, unaffiliated health care facility is both a health care facility licensed pursuant to chapter 34-12 and any imaging center, pharmacy, surgical center, laboratory, supplier of durable medical equipment, home health agency, rehabilitation facility, or similar facility or business providing services or products intended for the diagnosis or treatment of any human ill.
Source:
SL 1994, ch 290, §1.