reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-44.1 - Criminal background investigation of applicants for licensure as dentist and licensees under disciplinary investigation--Fees.

36-6A-44.1. Criminal background investigation of applicants for licensure as dentist and licensees under disciplinary investigation--Fees.
Each applicant for licensure as a dentist in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the board all information obtained as a result of the criminal background check. This information shall be obtained prior to permanent licensure of the applicant. The board may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the board. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation.
Source:
SL 2012, ch 193, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-44.2 - Criteria for license to practice as dental hygienist.

36-6A-44.2. Criteria for license to practice as dental hygienist.
Any person desiring to practice as a dental hygienist may obtain a license to practice as a dental hygienist if the applicant satisfies each of the following criteria:
(1)The application for a license to practice as a dental hygienist is in writing and signed by the applicant;
(2)The applicant has passed a standardized national comprehensive examination approved by the board;
(3)The applicant has graduated from an American Dental Association Commission on Dental Accreditation accredited United States dental hygiene school, having obtained a dental hygiene degree;
(4)Within five years preceding the date of application, the applicant has passed a clinical regional or national examination approved by the board or a state examination or examinations that the board deems equivalent;
(5)The applicant has passed an examination concerning the state laws and rules relating to dentistry;
(6)The applicant has no disciplinary proceeding or unresolved disciplinary complaint pending before a dental board at the time a license is to be issued by the board; and
(7)The applicant provides references that indicate the applicant is of good moral character.
The board may require a laboratory or clinical examination of an applicant if it has reason to believe the applicant cannot practice safely.
Any foreign-trained or any other graduate from a dental hygiene program not accredited by the American Dental Association Commission on Dental Accreditation may apply for a license to practice as a dental hygienist. The board, by rule promulgated pursuant to chapter 1-26, shall establish requirements to reasonably ensure that an applicant's training and education are sufficient for licensure.
Source:
SL 2015, ch 199, §50.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-47 - Criteria for license to practice dentistry for person licensed in another state.

36-6A-47. Criteria for license to practice dentistry for person licensed in another state.
Any person licensed in another state desiring to practice as a dentist may obtain a license to practice as a dentist if the applicant satisfies each of the following criteria:
(1)The application for a license to practice as a dentist is in writing and signed by the applicant;
(2)The applicant has graduated from an American Dental Association Commission on Dental Accreditation accredited United States dental school, having obtained a doctor of dental medicine or a doctor of dental surgery degree;
(3)The applicant is currently an active, competent practitioner, having completed a minimum of three thousand dental clinical hours within the five years immediately preceding the date of application;
(4)The applicant has passed a standardized national comprehensive examination approved by the board;
(5)The applicant has passed a clinical regional or national examination approved by the board or a state examination or examinations that the board deems equivalent;
(6)The applicant currently holds a valid license in another state;
(7)The applicant has no disciplinary proceeding or unresolved disciplinary complaint pending before a dental board at the time a license is to be issued by the board;
(8)The licensure requirements in the other state are in the judgment of the board the same as or higher than those required by this state;
(9)The applicant provides references that indicate the applicant is of good moral character; and
(10)The applicant has passed an examination concerning the state laws and rules relating to dentistry.
The board may require a laboratory or clinical examination of an applicant if it has reason to believe the applicant cannot practice safely.
Any foreign-trained or any other graduate from a dental program not accredited by the American Dental Association Commission on Dental Accreditation may apply for a license to practice as a dentist. The board, by rule promulgated pursuant to chapter 1-26, shall establish requirements to reasonably ensure that an applicant's training and education are sufficient for licensure.
Source: SDC 1939, §§27.0606, 27.0609; SDCL §36-6-40; SL 1971, ch 213, §24; SL 1981, ch 275, §18; SL 1992, ch 269, §37; SL 2015, ch 199, §52.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-47.1 - Criteria for license to practice as dental hygienist for person licensed in another state.

36-6A-47.1. Criteria for license to practice as dental hygienist for person licensed in another state.
Any person licensed in another state desiring to practice as a dental hygienist may obtain a license to practice as a dental hygienist if the applicant satisfies each of the following criteria:
(1)The application for a license to practice as a dental hygienist is in writing and signed by the applicant;
(2)The applicant has graduated from an American Dental Association Commission on Dental Accreditation accredited United States dental hygiene school, having obtained a dental hygiene degree;
(3)The applicant is currently an active, competent practitioner, having completed a minimum of three thousand dental hygiene clinical practice hours within the five years immediately preceding the date of application;
(4)The applicant has passed a standardized national comprehensive examination approved by the board;
(5)The applicant has passed a clinical regional or national examination approved by the board or a state examination or examinations that the board deems equivalent;
(6)The applicant currently holds a valid license in another state;
(7)The applicant has no disciplinary proceeding or unresolved disciplinary complaint pending before a dental board at the time a license is to be issued by the board;
(8)The licensure requirements in the other state are in the judgment of the board the same as or higher than those required by this state;
(9)The applicant provides references that indicate the applicant is of good moral character; and
(10)The applicant has passed an examination concerning the state laws and rules relating to dentistry.
The board may require a laboratory or clinical examination of an applicant if it has reason to believe the applicant cannot practice safely.
Any foreign-trained or any other graduate from a dental hygiene program not accredited by the American Dental Association Commission on Dental Accreditation may apply for a license to practice as a dental hygienist. The board, by rule promulgated pursuant to chapter 1-26, shall establish requirements to reasonably ensure that an applicant's training and education are sufficient for licensure.
Source:
SL 2015, ch 199, §53.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-47.2 - Certified translation of document.

36-6A-47.2. Certified translation of document.
An applicant, licensee, or registrant shall provide a certified translation of any document required pursuant to this chapter.
Source:
SL 2015, ch 199, §54.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-47.3 - Refusal to grant license or registration due to incompetence or unprofessional or dishonorable conduct.

36-6A-47.3. Refusal to grant license or registration due to incompetence or unprofessional or dishonorable conduct.
The board may, in compliance with chapter 1-26, refuse to grant a license or registration pursuant to this chapter because of professional incompetence, or unprofessional or dishonorable conduct on the part of the applicant.
Source:
SL 2015, ch 199, §55.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-48 - Issuance or renewal of license.

36-6A-48. Issuance or renewal of license.
The board shall, upon applicant's satisfactory completion of the educational requirements and written, laboratory and clinical examinations authorized pursuant to this chapter and upon receipt of the requisite fees, issue or renew the appropriate license to practice as a dentist or dental hygienist.
Source:
SL 1981, ch 275, §19; SL 1992, ch 269, §38; SL 2015, ch 199, §56.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-49 - Temporary registration for dentist or dental hygienist licensed in another state.

36-6A-49. Temporary registration for dentist or dental hygienist licensed in another state.
Any dentist or dental hygienist licensed in a state or territory of the United States whose licensure requirements are equivalent or higher than those of this state and who has completed a minimum of fifteen hundred clinical practice hours within the five years preceding the date of application or graduated from an American Dental Association Commission on Dental Accreditation accredited United States dental or dental hygiene school within three years preceding the date of application, with all licenses in good standing and no disciplinary proceeding or unresolved disciplinary complaint pending before a dental board, may be granted a temporary registration to practice in conjunction with a dentist or entity pursuant to subdivision 36-6A-33(9), (10), (12), or (13) only until a date set by the board and is subject to the requirements and conditions set forth in said registration.
Source:
SL 1981, ch 275, §31; SL 1992, ch 269, §39; SL 2015, ch 199, §57.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-49.1 - Temporary registration for applicant for license to practice as dentist or dental hygienist.

36-6A-49.1. Temporary registration for applicant for license to practice as dentist or dental hygienist.
Any person who has applied for a license to practice as a dentist or a dental hygienist and has met all of the requirements for the license, may be granted a temporary registration to practice as a dentist or a dental hygienist only until a date set by the board. The person is subject to the requirements and conditions set forth in the registration.
Source:
SL 2015, ch 199, §58.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-49.2 - Person practicing under temporary registration subject to board supervision and discipline.

36-6A-49.2. Person practicing under temporary registration subject to board supervision and discipline.
Any person practicing under a temporary registration is subject to supervision and discipline by the board pursuant to this chapter in the same manner as any other licensee pursuant to this chapter. A person practicing under a temporary registration submits to jurisdiction by the board.
Source:
SL 2015, ch 199, §59.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-49.3 - Teledentistry services to patient located in state is practice of dentistry in state.

36-6A-49.3. Teledentistry services to patient located in state is practice of dentistry in state.
Any person who, while located outside this state, practices dentistry through teledentistry and provides the dental services to a patient located in this state, is engaged in the practice of dentistry in this state.
Source:
SL 2015, ch 199, §60.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-49.4 - Teledentistry services to comply with chapter as if services provided in person.

36-6A-49.4. Teledentistry services to comply with chapter as if services provided in person.
Any services provided by a licensee or registrant through teledentistry or electronic means shall comply with the provisions of this chapter as if the services were provided in person by a licensee or registrant.
Source:
SL 2015, ch 199, §61.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-49.5 - Chapter not applicable to dentist outside of state in consultation with in-state dentist.

36-6A-49.5. Chapter not applicable to dentist outside of state in consultation with in-state dentist.
Nothing contained in this chapter may be construed to apply to any licensed person practicing dentistry outside of this state when in actual consultation with a dentist in this state.
Source:
SL 2015, ch 199, §62.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-50 - Fees.

36-6A-50. Fees.
The board shall promulgate nonrefundable fees, by rule pursuant to chapter 1-26, provided for in this chapter, within the following limits:
(1)Examination fee for dentists, not more than three hundred dollars;
(2)Examination fee for dental hygienists, not more than one hundred fifty dollars;
(3)Annual registration fee for dentists, not more than two hundred dollars;
(4)Annual registration fee for dental hygienists, not more than one hundred dollars;
(5)Duplicate license certificate or annual registration certificate fee, not more than fifteen dollars;
(6)Reinstatement fee, an amount equal to the examination fee;
(7)Continuing education program annual fee, not more than twenty dollars;
(8)Registration certificate for satellite offices, not more than ten dollars;
(9)Temporary registration fee, not more than three hundred fifty dollars;
(10)Annual registration fee for dental radiographers, not more than fifty dollars;
(11)Application fee for dental radiographers, not more than fifty dollars;
(12)Application fee and renewal fee for anesthesia and sedation permits, not more than fifty dollars;
(13)Application fee for dentists, not more than two hundred dollars;
(14)Application fee for dental hygienists, not more than two hundred dollars;
(15)Application fee for registered dental assistants, not more than fifty dollars;
(16)Application fee for dental radiographers, not more than fifty dollars;
(17)Annual registration fee for registered dental assistants, not more than fifty dollars; and
(18)Endorsement or credentials fee for dentists and dental hygienists, not more than six hundred dollars.
Source:
SDC 1939, §27.0610; SL 1943, ch 103; SL 1967, ch 98; SL 1971, ch 213, §28; SL 1981, ch 275, §21; SL 1984, ch 250, §5; SL 1992, ch 269, §42; SL 2003, ch 199, §1; SL 2008, ch 191, §12; SL 2015, ch 199, §63.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-52 - Annual renewal of license or registration--Information and fee--Notice.

36-6A-52. Annual renewal of license or registration--Information and fee--Notice.
As a condition of annual renewal of a license or registration, each licensee or registrant shall, on or before the first day of July each year, transmit to the board, upon a form prescribed by the board, information reasonably related to the administration of a licensure or registration system in the interest of public health and safety, together with the fee established by the board. Failure of a licensee or registrant to renew a license or registration on or before the first day of July constitutes a suspension of the license or registration held by the licensee or registrant. At least thirty days before July first, the board shall cause a written notice stating the amount and due date of the fee and the information to be provided by the licensee or registrant, to be sent to each licensee and registrant. Each licensee and registrant shall report the information as a condition of the license or registration renewal.
Source:
SDC 1939, §§27.0609, 27.0610; SL 1943, ch 103; SDCL §36-6-41; SL 1971, ch 213, §30; SL 1981, ch 275, §22; SL 1992, ch 269, §44; SL 2010, ch 188, §1; SL 2015, ch 199, §65.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-54 - Display of certificates.

36-6A-54. Display of certificates.
Each licensee or registrant shall post and keep conspicuously his or her name, annual license certificate, and annual registration certificate in each dental clinic in which he or she practices, in plain sight of the patients.
Source:
SDC 1939, §§27.0611, 27.9912; SL 1971, ch 213, §32; SL 1992, ch 269, §46; SL 2015, ch 199, §67.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-55 - Proof of continuing education or continuing competency.

36-6A-55. Proof of continuing education or continuing competency.
Every five years of licensure or registration, each licensee or registrant shall provide the board evidence, of a nature suitable to the board that a licensee or registrant has attended, or participated in an amount of board approved continuing education or continuing competency as shall be required by the board.
Source:
SL 1971, ch 213, §31; SL 1981, ch 275, §23; SL 1984, ch 250, §6; SL 1992, ch 269, §47; SL 2015, ch 199, §68.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-57 - Reexamination on failure to comply with continuing education or competency requirements--Suspension of license.

36-6A-57. Reexamination on failure to comply with continuing education or competency requirements--Suspension of license.
Any licensee or registrant who fails to comply with the continuing education or continuing competency requirements set forth in this chapter may, at the discretion of the board, be reexamined to determine his or her competency to continue licensure or registration. If, in the opinion of the board, a licensee or registrant does not qualify for further practice, the board may, in compliance with chapter 1-26, suspend the license or registration until the time the licensee or registrant provides acceptable evidence to the board of his or her competency to practice.
Source:
SL 1971, ch 213, §31; revised pursuant to SL 1972, ch 15, §4; SL 1992, ch 269, §49; SL 2015, ch 199, §70.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-58 - Notice to board of change of name or address.

36-6A-58. Notice to board of change of name or address.
Each licensee or registrant, upon changing his or her place of residence, name, place of employment, or place of business shall, within ten days thereafter, furnish the board with updated information.
Source:
SDC 1939, §27.0610; SL 1943, ch 103; SL 1971, ch 213, §33; SL 1981, ch 275, §24; SL 1992, ch 269, §50; SL 2008, ch 191, §13; SL 2015, ch 199, §71.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-59 - Disciplinary sanctions for professional incompetence, unprofessional or dishonorable conduct, or violation of chapter--Physical or mental examination.

36-6A-59. Disciplinary sanctions for professional incompetence, unprofessional or dishonorable conduct, or violation of chapter--Physical or mental examination.
Each licensee and registrant subject to this chapter shall conduct his or her practice in accordance with the standards established by the board. Each licensee or registrant is subject to the exercise of the disciplinary sanctions enumerated in this chapter upon satisfactory proof by clear and convincing evidence in compliance with chapter 1-26 of the licensee's or registrant's professional incompetence, or unprofessional or dishonorable conduct, or proof of a violation of this chapter in any respect.
For the purposes of this section, professional incompetence is a deviation from the statewide standard of competence, which is that minimum degree of skill and knowledge necessary for the performance of characteristic tasks of a licensee or registrant in at least a reasonably safe and effective way. If the services are not commonly provided by a licensee or registrant in this state, professional incompetence is a deviation from the national standard of competence, which is that minimum degree of skill and knowledge necessary for the performance of characteristic tasks of a licensee or registrant in at least a reasonable safe and effective way.
No sanctions may be authorized based solely on monetary concerns or business practices that do not violate any provision of this chapter or any rule promulgated thereunder.
The board may order a licensee or registrant to submit to a reasonable physical or mental examination if the physical or mental capacity to practice safely is at issue in a disciplinary proceeding. Failure to comply with a board order to submit to a physical or mental examination renders a licensee or registrant liable to the summary revocation procedures described in §§36-6A-23 and 36-6A-24.
Source:
SDC 1939, §27.0607; SL 1971, ch 213, §37; SL 1981, ch 275, §26; SL 1992, ch 269, §55; SL 2015, ch 199, §72.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-59.2 - Prohibited contracts.

36-6A-59.2. Prohibited contracts.
No contract entered into between a licensee or registrant and any other party under which the licensee or registrant renders dental services may require the licensee or registrant to act in a manner which violates the professional standards for dentistry set forth in this chapter.
Source:
SL 2015, ch 199, §74.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-60 - Proof of licensure or registration in prosecution for violation.

36-6A-60. Proof of licensure or registration in prosecution for violation.
In the prosecution of any person for violation of this chapter, it is not necessary to allege or prove lack of a valid license to practice as a dentist or a dental hygienist or a valid registration to practice as a dental radiographer or a registered dental assistant but such proof of licensure or registration is a matter of defense to be established by the defendant.
Source:
SDCL §36-6-48 as added by SL 1971, ch 213, §39; SL 1992, ch 269, §61; SL 2015, ch 199, §75.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-1 - Scope of practice defined.

36-7-1. Scope of practice defined.
The practice of optometry is declared to be a profession and defined as examination of the human eye and its appendages, and the employment of any means for the measurement of the powers of visions, or any visual, muscular, neurological, interpretative, or anatomical anomalies of the visual processes, and the prescribing or employment of lenses, prisms, frames, mountings, visual training procedure, the prescribing or administration, except by injection of pharmaceutical agents rational to the diagnosis and treatment of the human eye and its appendages, and any other means or method for the correction, remedy, or relief of any insufficiencies or abnormal conditions of the visual processes of the human eye and its appendages except surgery. However, an optometrist may remove superficial foreign bodies from the eye. The prescription of contact lenses, except by a practitioner licensed under chapter 36-4, constitutes the practice of optometry. An optometrist is one who practices optometry under the provisions of this chapter.
Source:
SDC 1939, §27.0701; SL 1941, ch 125, §1; SL 1951, ch 131, §1; SL 1976, ch 232; SL 1979, ch 253, §1; SL 1986, ch 306, §7; SL 1991, ch 303, §1; SL 1994, ch 296, §1; SL 2003, ch 201, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-1.1 - Restrictions on scope of practice.

36-7-1.1. Restrictions on scope of practice.
Notwithstanding anything in this chapter to the contrary, an optometrist, except an optometrist certified for diagnostic and therapeutic agents as provided by §§36-7-15.1 to 36-7-15.3, inclusive, and as provided in §36-7-31, may not treat glaucoma or ocular hypertension.
Source:
SL 1986, ch 306, §8; SL 1991, ch 303, §2; SL 1994, ch 296, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-1.2 - Prohibitions on use of oral therapeutics and oral steroids.

36-7-1.2. Prohibitions on use of oral therapeutics and oral steroids.
No optometrist may prescribe, administer, or dispense any oral therapeutic agent to any child under twelve years of age, or any oral steroid to any person, without prior consultation with a physician licensed pursuant to chapter 36-4.
Source:
SL 2003, ch 201, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-1.3 - Definition--Board.

36-7-1.3. Definition--Board.
As used in this chapter, the term, board, means the South Dakota Board of Examiners in Optometry.
Source: SL 2022, ch 147, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-3 - Composition of Board of Examiners--Qualifications of members--Terms of office.

36-7-3. Composition of Board of Examiners--Qualifications of members--Terms of office.
The Governor shall appoint five members to the board. Four members must be optometrists in active practice in this state for at least five years preceding the appointment. One member must be a representative of the public who is a resident of this state and who is not associated with, or financially interested in, the practice or business of optometry. The term of each member is three years commencing on July first. The Governor shall, by appointment, fill any vacancy. No member may serve more than three consecutive, full terms. The appointment of a person to an unexpired term is not considered a full term.
Source: SDC 1939, §27.0702; revised pursuant to SL 1973, ch 2, §58; SL 1986, ch 306, §13; SL 1989, ch 323; SL 1994, ch 296, §3; SL 2005, ch 199, §18; SL 2022, ch 147, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-3.2 - Board continued within Department of Health.

36-7-3.2. Board continued within Department of Health.
The board shall continue within the Department of Health.
Source: SL 1973, ch 2, §56 (q); SL 2003, ch 272, §41; SL 2022, ch 147, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-10 - Practice of optometry without license--Violation.

36-7-10. Practice of optometry without license--Violation.
It is a Class 2 misdemeanor for any person who is not the holder of a certificate of registration or exemption, issued and recorded as provided in this chapter, to practice or offer to practice optometry within the state.
Source: SDC 1939, §27.0708; SL 1977, ch 190, §153; SL 2022, ch 147, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-11 - Requirements for licensure.

36-7-11. Requirements for licensure.
The board may issue a license to an applicant that:
(1)Submits an application on a form prescribed by the board;
(2)Pays the application fee set by rules promulgated by the board pursuant to chapter 1-26, not to exceed one hundred seventy-five dollars;
(3)Is eighteen years or older, and a citizen of the United States or a resident of South Dakota;
(4)Is of good moral character;
(5)Is a graduate of an optometric school or college approved by the Accreditation Council on Optometric Education or the board;
(6)Has passed all required sections of a national board examination approved by the board; and
(7)Has committed no act for which disciplinary action may be justified.
Source: SDC 1939, §27.0704; SL 1941, ch 125, §2; SL 1947, ch 122, §1; SL 1983, ch 270, §1; SL 2020, ch 168, §4; SL 2022, ch 147, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-12.1 - Pharmacology studies and clinical experience to be completed--Passing grade on pharmacology portion of national board examination to be attained.

36-7-12.1. Pharmacology studies and clinical experience to be completed--Passing grade on pharmacology portion of national board examination to be attained.
Any applicant for licensure as an optometrist after July 1, 1986, shall satisfactorily complete all pharmacology studies and clinical experience required by this chapter and the board, and attain a passing grade on the pharmacology portion of a national board examination approved by the board.
Source: SL 1986, ch 306, §12; SL 2022, ch 147, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-12.2 - Criminal background check of new applicants and licensees under disciplinary investigation.

36-7-12.2. Criminal background check of new applicants and licensees under disciplinary investigation.
Each new applicant for licensure as an optometrist, in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the Board of Examiners of Optometry shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the board all information obtained as a result of the criminal background check. This information shall be obtained before permanent licensure of the applicant. The board may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the board. Failure to submit to or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation.
Source:
SL 2009, ch 179, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-13 - Licensure through endorsement from another United States jurisdiction--Fee--Promulgation of rules.

36-7-13. Licensure through endorsement from another United States jurisdiction--Fee--Promulgation of rules.
The board may issue a license to practice as an optometrist by endorsement to a person who has been licensed as an optometrist under the laws of another state or territory under United States jurisdiction if:
(1)The person submits an application and pays the required fee set by rules promulgated by the board pursuant to chapter 1-26, not to exceed one hundred seventy-five dollars;
(2)In the opinion of the board, the applicant meets the qualifications required of an optometrist in this state at the time of the applicant's original licensure; and
(3)The applicant has engaged in the practice of optometry for at least five consecutive years immediately preceding application under this section.
The board may require additional education, testing, or training before granting licensure if competency of any applicant is in question. Any applicant who has been denied a license by the board must reapply and meet all initial licensure requirements before the board may grant licensure.
Source: SDC 1939, §27.0704 (6); SL 1941, ch 125, §2; SL 1951, ch 131, §3; SL 1986, ch 306, §2; SL 2006, ch 196, §1; SL 2008, ch 191, §15; SL 2022, ch 147, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-14 - Recording of certificate of registration.

36-7-14. Repealed.
Source: SDC 1939, §27.0705; revised pursuant to SL 1972, ch 15, §3; SL 2022, ch 147, §23.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-15 - Powers of the board--Promulgation of rules.

36-7-15. Powers of the board--Promulgation of rules.
The board may:
(1)Promote the safe and qualified practice of optometry;
(2)Promulgate rules pursuant to chapter 1-26 to govern standards for the safe and qualified practice of optometry, to adopt a code of ethics or professional conduct, and to establish criteria for advertising by optometrists;
(3)Prepare an annual budget;
(4)Expend funds for administrative, legal, consultative, and other necessary services from fees received by the board;
(5)Examine, license, endorse, and renew the licenses of qualified applicants;
(6)Define what constitutes a recognized optometric school;
(7)Establish the minimum amount and type of continuing education to be required of each optometrist seeking renewal of a license; and
(8)Administer oaths and take testimony pursuant to §§1-26-19.1 and 1-26-19.2.
Source: SDC 1939, §27.0703; SL 1951, ch 131, §2; SL 1973, ch 243, §1; SL 1979, ch 252, §1; SL 2022, ch 147, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-15.2 - Educational and examination requirements for certificate to administer topical agents--Fee.

36-7-15.2. Repealed.
Source: SL 1979, ch 253, §§3, 5; SL 1985, ch 299, §2; SL 1994, ch 296, §5; SL 2008, ch 191, §16; SL 2013, ch 173, §1; SL 2022, ch 147, §25.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-17 - Practice as individual or partner required--Exception for authorized corporate practice--Violation--Optometrist not precluded from serving as officer or director of health maintenance organization.

36-7-17. Practice as individual or partner required--Exception for authorized corporate practice--Violation--Optometrist not precluded from serving as officer or director of health maintenance organization.
Every optometrist in this state shall furnish the board satisfactory evidence that the licensee practices optometry as a profession, in an individual personal capacity under the optometrist's own name or as a partner of another licensed optometrist and not as a corporation, limited liability company or agent, employee, officer, member, or partner of a corporation or limited liability company, except where a practice as an officer, employee, member, or agent of a corporation is established under the terms of chapter 47-11B. A violation of this section is a Class 2 misdemeanor.
Nothing in this section precludes a licensed optometrist from serving as a shareholder, officer, or director of a corporation established under the terms of chapter 58-41 as a health maintenance organization, a preferred provider organization, individual practices association, or other form of entity whatever established for group health care purposes.
Source: SDC 1939, §27.0704 (7); SL 1941, ch 125, §2; SL 1972, ch. 249, §24; SL 1987, ch 269, §1; SL 1992, ch 158, §77; SL 1993, ch 344, §39J; SL 2022, ch 147, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-17.1 - Certain healing arts practitioners to participate in alternate health care delivery systems.

36-7-17.1. Certain healing arts practitioners to participate in alternate health care delivery systems.
Any licensed optometrist may organize or contract for services with a corporation organized under the laws of this state by licensed practitioners of the healing arts, for the purpose of negotiating group health care contracts and providing services within the scope of their respective licenses with alternate health care delivery systems, including, but not limited to, health maintenance organizations, preferred provider organizations, individual practices organizations or other similar forms of entity whatever.
Source:
SL 1987, ch 269, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-18 - Display of license in office--Violation.

36-7-18. Display of license in office--Violation.
Each optometrist shall conspicuously display any license, and subsequent proof of renewal, issued by the board under this chapter at the optometrist's primary place of practice. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, §27.0706; SL 1947, ch 122, §2; SL 1992, ch 158, §78; SL 2013, ch 173, §3; SL 2022, ch 147, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-20 - Annual renewal of license--Revocation on default--Restoration of license.

36-7-20. Annual renewal of license--Revocation on default--Restoration of license.
Each optometrist licensed pursuant to this chapter shall apply, on a form approved by the board, for a renewal of the license. The renewal must be issued by the board upon payment of a fee set by the board by rule promulgated pursuant to chapter 1-26, not to exceed three hundred dollars, and upon verification that the optometrist has met the requirements for continuing education as provided in §36-7-20.2. The renewal must be in the form of a receipt acknowledging payment of the required fee and signed by the secretary of the board.
Failure to renew the license on or before October first of each year constitutes a forfeiture of the optometrist's license. The license may be renewed at the discretion of the board upon application and payment of the fee required by §36-7-11, and a late fee set by the board by rules promulgated pursuant to chapter 1-26, not to exceed one hundred dollars for each month the renewal is late.
Source: SDC 1939, §27.0709; SL 1947, ch 122, §3; SL 1951, ch 131, §5; SL 1967, ch 99; SL 1973, ch 243, §3; SL 1979, ch 252, §2; SL 1985, ch 299, §3; SL 1986, ch 302, §68; SL 2022, ch 147, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-20.2 - Courses of continuing education specified by board--Certification of attendance--Waiver.

36-7-20.2. Courses of continuing education specified by board--Certification of attendance--Waiver.
The board shall establish requirements for continuing education by rules promulgated pursuant to chapter 1-26. Any continuing education course must be certified by the Council of Optometric Practitioner Education or approved by the board. Attendance at any course must be submitted by each optometrist when renewing a license pursuant to §36-7-20. The board may waive any or all of this requirement in case of certified illness or undue hardship.
Source: SL 1973, ch 243, §2; SL 1979, ch 252, §5; SL 2022, ch 147, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-21 - Remission of annual fee while in military service.

36-7-21. Remission of annual fee while in military service.
The board may remit the license fee of any optometrist on active duty in the armed forces of the United States.
For the purposes of this section, the term, active duty in the armed forces, means full-time duty in the active military services and reserve components of the United States, including the National Guard and Reserve, while serving under published orders for active duty or full-time training.
Source: SDC 1939, §27.0709 as added by SL 1951, ch 131, §5; SL 1967, ch 99; SL 2022, ch 147, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-24 - Grounds for revocation of license.

36-7-24. Grounds for revocation of license.
The board, in compliance with chapter 1-26, may impose disciplinary sanctions against any optometrist for the following causes:
(1)Conviction of a felony, as shown by a certified copy of the record of the court of conviction;
(2)Obtaining, or attempting to obtain, a license by fraudulent misrepresentation;
(3)Malpractice;
(4)Continued practice when knowingly having an infectious or contagious disease, or after sustaining a physical or mental disability that renders further practice potentially harmful or dangerous;
(5)Use of alcohol or other substances that renders the optometrist unfit to practice with reasonable skill and safety;
(6)Unprofessional conduct; or
(7)Failure to submit to or cooperate with the criminal background investigation requested by the board.
Source: SDC 1939, §27.0707; SL 1951, ch 131, §4; revised pursuant to SL 1972, ch 15, §4; SL 2005, ch 199, §19; SL 2009, ch 179, §2; SL 2013, ch 173, §4; SL 2022, ch 147, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-26 - Appeal from Board of Examiners.

36-7-26. Appeal from Board of Examiners.
An appeal from the decision of the Board of Examiners may be taken as provided by chapter 1-26.
Source:
SDC 1939, §27.0707; SL 1951, ch 131, §4; revised pursuant to SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-27 - Reinstatement of license after revocation.

36-7-27. Reinstatement of license after revocation.
After one year, and upon application and proof that the disqualification has ceased, the board may reinstate a person whose license has been revoked, if no other basis for denial of the license exists.
Source: SDC 1939, §27.0707; SL 1951, ch 131, §4; SL 2013, ch 173, §6; SL 2022, ch 147, §16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-28 - Injunction to prevent violation of chapter--Election of remedies.

36-7-28. Injunction to prevent violation of chapter--Election of remedies.
Any person violating the provisions of this chapter may be enjoined from further violations in the circuit courts of this state in actions to be brought by the State Board of Examiners in Optometry. Such suits may also be brought by any citizen of the state. An action for injunction shall be an alternate to criminal proceedings, and the commencement of one proceeding by the board constitutes an election.
Source:
SDC 1939, §27.0703 (5) as added by SL 1964, ch 85; revised pursuant to SL 1972, ch 15, §§3, 4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-30 - Entry and inspection by board--Purpose--Drug records and inventories.

36-7-30. Entry and inspection by board--Purpose--Drug records and inventories.
The Board of Examiners, or any of its officers or employees so authorized, may, during business hours, enter and inspect any place where optometry is practiced for the purpose of enforcing this chapter and rules adopted pursuant hereto. Such inspection may include any records and inventories relating to drugs and controlled substances required to be kept under the provisions of chapter 34-20B.
Source:
SL 1986, ch 306, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 07 - Optometrists › Section 36-7-34 - Sale of contact lenses without prescription prohibited--Violation as misdemeanor.

36-7-34. Sale of contact lenses without prescription prohibited--Violation as misdemeanor.
No person may sell contact lenses without a valid prescription signed by a licensed optometrist or practitioner licensed pursuant to chapter 36-4. For purposes of this section, the term, contact lenses, includes any contact lens, with or without visual correction. A violation of this section is a Class 1 misdemeanor.
Source:
SL 2010, ch 189, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-1 - Podiatric medicine defined.

36-8-1. Podiatric medicine defined.
Podiatric medicine is that profession of the health sciences concerned with the diagnosis and treatment of conditions affecting the human foot and their governing and related structures, and the soft tissues inserting into the foot, including the local manifestations of systemic conditions, by all appropriate systems and means. A person licensed pursuant to this chapter as a podiatrist shall be designated a podiatric physician.
Source:
SDC 1939, §27.0801; SL 1959, ch 131, §2; SL 1967, ch 100, §2; SL 1972, ch 203; SL 1995, ch 216, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-2 - State Board of Podiatry Examiners--Terms of office--Vacancies.

36-8-2. State Board of Podiatry Examiners--Terms of office--Vacancies.
The State Board of Podiatry Examiners shall include four professional members appointed by the Governor, each of whom shall be a resident podiatrist of this state. The term of each shall be three years, commencing on the thirty-first day of October. The appointee's term shall expire on October thirtieth in the third year of appointment. No member may serve more than three consecutive full terms. The Governor shall, by appointment, fill any vacancy. The appointment of a person to an unexpired term is not considered a full term.
Source:
SDC 1939, §27.0802; SL 1959, ch 131, §3; revised pursuant to SL 1973, ch 2, §58; SL 2005, ch 199, §20; SL 2007, ch 213, §1; SL 2012, ch 16, §18.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-2.1 - Lay member of board--Appointment and term of office.

36-8-2.1. Lay member of board--Appointment and term of office.
The membership of the Board of Podiatry Examiners shall include one lay member who is a user of the services regulated by the board. The term lay member who is a user refers to a person who is not licensed by the board but where practical uses the service licensed, and the meaning shall be liberally construed to implement the purpose of this section. The lay member shall be appointed by the Governor and shall have the same term of office as other members of the board.
Source:
SL 1973, ch 2, §58.