reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-17.2 - License required to practice nail technology--Practices constituting nail technology.

36-15-17.2. License required to practice nail technology--Practices constituting nail technology.
No person may engage in the practice of nail technology unless the person is licensed by the commission. A person is engaged in the practice of nail technology if that person, for compensation, a fee, or any valuable consideration, engages in any of the following practices with hands, chemicals, or any mechanical or electrical apparatus or appliance for beautifying or cosmetic purposes:
(1)Cutting, filing, trimming, shaping, polishing, coloring, removing polish, tinting, air-brushing, decorating, cleansing, or otherwise beautifying a person's fingernails or toenails;
(2)Applying and removing artificial nails; or
(3)Massaging, cleansing, and exfoliating a person's hands, arms, feet, and legs.
Nail technology does not include hair removal, cutting nail beds, treating corns or calluses, or any medical treatment involving the feet, hands, or nails.
Source:
SL 2003, ch 202, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-19 - Number, time, and place of examinations.

36-15-19. Number, time, and place of examinations.
The commission shall conduct at least six examinations in the practice of cosmetology, at least two examinations in the practice of nail technology, and at least two examinations in the practice of esthetics each year. The commission shall set the times and places for the conduct of the examination.
Source:
SDC 1939, §27.1510; SL 1943, ch 106, §2; SL 1957, ch 118, §1; SL 1972, ch 206, §19; SL 1997, ch 218, §5; SL 2003, ch 202, §23.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-19.1 - Cosmetologist's examination--Issuance of license--Annual expiration and renewal.

36-15-19.1. Cosmetologist's examination--Issuance of license--Annual expiration and renewal.
Each applicant for a cosmetologist license who has complied with §36-15-17, shall take the prescribed examination in the practice of cosmetology. The commission shall determine the contents of the examination. Upon successful completion of the required education, passing the examination to the satisfaction of the commission and the receipt of the fee required in this chapter, the applicant shall be licensed as a cosmetologist in the practice of cosmetology. Any cosmetologist license issued by the commission pursuant to this chapter expires annually on a date set by the commission in rules promulgated pursuant to chapter 1-26, and is renewable annually.
Source:
SDC 1939, §27.1508; SL 1947, ch 125, §2; SL 1957, ch 118, §1; SDC Supp 1960, §27.1508 (3); SL 1965, ch 128; SL 1967, ch 105, §3; SDCL §36-15-17; SL 1972, ch 206, §18; SL 2003, ch 202, §24; SL 2018, ch 233, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-19.2 - Licensure by reciprocity--Requirements.

36-15-19.2. Licensure by reciprocity--Requirements.
The commission may waive the examination required in §36-15-19.1, 36-15-19.3, or in 36-15-19.5 upon application made to the commission that the applicant possesses the qualifications required pursuant to §36-15-15, and that:
(1)The applicant holds a currently valid license issued by another state, district, or foreign country and the requirements of that state, district, or foreign country at the time of the examination were equal to or not less than those required by this state;
(2)The applicant has passed an examination acceptable to the commission in cosmetology, nail technology, or esthetics, as applicable;
(3)The applicant shall take the prescribed written examination on the provisions of this chapter and rules adopted pursuant to this chapter. The commission shall determine the contents of the examination; and
(4)The application is accompanied by the fee provided for in this chapter.
Source:
SL 1972, ch 206, §20; SL 1997, ch 218, §7; SL 2003, ch 202, §25.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-19.3 - Nail technician's examination--Issuance of license--Annual expiration and renewal.

36-15-19.3. Nail technician's examination--Issuance of license--Annual expiration and renewal.
Each applicant for a nail technician license who has complied with §36-15-17.1 shall take the prescribed examination in the practice of nail technology. The commission shall determine the contents of the examination. Upon successful completion of the required education, passing the examination to the satisfaction of the commission and the receipt of the fee required in this chapter, the applicant shall be licensed as a nail technician. Any nail technician license issued by the commission pursuant to this chapter expires annually on a date set by the commission in rules promulgated pursuant to chapter 1-26, and is renewable annually.
Source:
SL 1997, ch 218, §6; SL 2003, ch 202, §26; SL 2018, ch 233, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-19.5 - Esthetician's examination--Issuance of license--Annual expiration and renewal.

36-15-19.5. Esthetician's examination--Issuance of license--Annual expiration and renewal.
Each applicant for an esthetician license who has complied with §36-15-2.3 shall take the prescribed examination in the practice of esthetics. The commission shall determine the contents of the examination. Upon successful completion of the required education, passing the examination to the satisfaction of the commission and the receipt of the fee required in this chapter, the applicant shall be licensed as an esthetician in the practice of esthetics. Any esthetician license issued by the commission pursuant to this chapter expires annually on a date set by the commission in rules promulgated pursuant to chapter 1-26, and is renewable annually.
Source:
SL 2003, ch 202, §28; SL 2018, ch 233, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-20 - Fees for licenses, permits, and renewals.

36-15-20. Fees for licenses, permits, and renewals.
The fees promulgated in rules by the commission pursuant to chapter 1-26 for all examinations, licenses, permits, and renewals required by this chapter may not exceed the following maximums:
(1)Examination fee which includes the initial license, one hundred dollars;
(2)Examination retake fee, one test, sixty dollars; two tests, seventy dollars; three tests, eighty dollars;
(3)Cosmetologist, nail technician, or esthetician license renewal fee, twenty-five dollars;
(4)Temporary cosmetologist, nail technician, or esthetician license fee, six dollars;
(5)Instructor initial license fee and license renewal fee, thirty-five dollars;
(6)Reciprocity, initial license, and waiver of examination fee, one hundred dollars;
(7)For certification of a license issued under this chapter for a South Dakota licensee to obtain licensure in another state, or furnishing of other papers to another state or school, twenty dollars;
(8)Apprentice license fee, twenty-five dollars;
(9)Apprentice salon initial license and renewal fee, two hundred fifty dollars;
(10)School initial license fee and renewal fee, three hundred dollars;
(11)Student license fee, six dollars;
(12)Salon or booth initial permit license fee, sixty dollars;
(13)Salon or booth license renewal fee, forty dollars;
(14)Reinspection fee for failed salon, fifty dollars for each reinspection;
(15)License duplicate or replacement fee, five dollars.
Any license, permit, or renewal fee which is collected by the commission shall be the same for each respective license, permit, or renewal regardless of the time remaining before the expiration date.
Source:
SDC 1939, §27.1510 as enacted by SL 1957, ch 118, §1; SL 1972, ch 206, §21; SL 1986, ch 302, §4; SL 1997, ch 218, §8; SL 2001, ch 206, §1; SL 2003, ch 202, §29; SL 2007, ch 218, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-20.1 - Reinstatement of lapsed licenses and renewals--Fee.

36-15-20.1. Reinstatement of lapsed licenses and renewals--Fee.
The commission shall promulgate reasonable rules pursuant to chapter 1-26 concerning the reinstatement of lapsed licenses and lapsed renewals required by this chapter. The commission shall by rules promulgated pursuant to chapter 1-26 establish the fee, which may not be greater than twenty-five dollars for each year that the license or renewal has lapsed. The commission shall also collect the fee for the license and renewal as otherwise required by this chapter.
Source:
SDC 1939, §27.1509 as enacted by SL 1957, ch 118, §1; SDCL §36-15-55; SL 1972, ch 206, §22; SL 1986, ch 302, §5; SL 2001, ch 206, §2; SL 2007, ch 218, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-22 - Temporary permit for out-of-state cosmetologist, nail technician or esthetician--Duration of permit.

36-15-22. Temporary permit for out-of-state cosmetologist, nail technician or esthetician--Duration of permit.
Any person who holds a current valid license from another state or foreign country in the practices of cosmetology, nail technology, or esthetics may apply to the commission for a temporary permit to practice cosmetology, nail technology, or esthetics, as applicable. The application shall be accompanied with evidence satisfactory to the commission that the applicant possesses those qualifications required pursuant to §§36-15-15 and 36-15-19.2. The application shall be accompanied by the fee required in this chapter. A temporary permit is valid until the date of the next regular scheduled examination in cosmetology, nail technology, or esthetics, as applicable. If the holder of a temporary permit takes the examination at the scheduled time, the commission shall extend the temporary permit until the result of the examination is mailed to the applicant. If an applicant is not excused from the examination by the commission or fails the examination, the temporary permit is invalid and may not be extended or reissued.
Source:
SDC 1939, §27.1510 as enacted by SL 1957, ch 118, §1; SL 1972, ch 206, §24; SL 1997, ch 218, §11; SL 2000, ch 195, §1; SL 2003, ch 202, §34.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-25 - Instructor license required to teach--Application--Conditional license--Areas of instruction.

36-15-25. Instructor license required to teach--Application--Conditional license--Areas of instruction.
No person may teach in a school unless that person is licensed by the commission as an instructor. Any person may qualify and be licensed by the commission as an instructor for cosmetology, nail technology, or esthetics, as applicable, upon application made to the commission. The application shall be accompanied by satisfactory evidence that the applicant:
(1)Possesses the qualifications required by §36-15-15;
(2)Currently holds a valid cosmetologist, nail technician, or esthetician license, as applicable;
(3)Has complied with any instructor education as prescribed by §36-15-26.2 or has at least one year of teaching experience as a licensed instructor from another state in cosmetology, nail technology, or esthetics, as applicable; and
(4)Has passed an examination prescribed by the commission.
However, the applicant may receive the license conditionally, dependent on completing instructor education and passing the examination as prescribed by the commission in rules adopted pursuant to chapter 1-26.
An instructor with a cosmetologist license may instruct in any practice of cosmetology. An instructor with a nail technician license may only instruct in the practice of nail technology. An instructor with an esthetician license may only instruct in the practice of esthetics.
The commission may promulgate rules, pursuant to chapter 1-26, to establish education and experience requirements for a person to serve as a substitute instructor.
Source:
SDC 1939, §27.1508 (5) as enacted by SL 1957, ch 118, §1; SL 1972, ch 206, §25; SL 2003, ch 202, §35; SL 2007, ch 217, §6; SL 2018, ch 232, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-25.1 - Annual expiration and renewal.

36-15-25.1. Annual expiration and renewal.
Any instructor license issued by the commission pursuant to this chapter expires annually on a date set by the commission in rules promulgated pursuant to chapter 1-26, and is renewable annually. The application shall be accompanied by the fee required in this chapter and proof of completion of any required commission-approved instructor education pursuant to §36-15-26.2.
Source:
SDCL §36-15-25 as added by SL 1972, ch 206, §25; SL 2003, ch 202, §36; SL 2018, ch 232, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-26.2 - Education for instructors.

36-15-26.2. Education for instructors.
The commission may adopt rules pursuant to chapter 1-26 pertaining to educational requirements for instructor licenses and the renewal of instructor licenses including the kinds and subjects of education and the number of hours of education required. The commission may also substitute experience in addition to or in lieu of educational requirements. The commission may set a fee through rules adopted pursuant to chapter 1-26 to cover the cost of verifying the required continuing education. The commission may offer a course and charge a registration fee to cover the costs.
Source:
SL 2003, ch 202, §16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-29 - License required for school of cosmetology, nail technology or esthetics--Requirements for license.

36-15-29. License required for school of cosmetology, nail technology or esthetics--Requirements for license.
No person may conduct a cosmetology, nail technology, or esthetics school for any of the practices of cosmetology, as applicable, unless that person is licensed as a school by the commission. The commission shall issue the license if the applicant meets the following requirements:
(1)The applicant completes the application and provides any required documentation;
(2)The application is accompanied by the fee required in this chapter;
(3)The applicant has no violations with another cosmetology board;
(4)The education offered is a complete program of not less than fifteen hundred hours for a cosmetology program or a complete program of not less than four hundred hours for a nail technician program or a complete program of not less than the hours established by rules pursuant to §36-15-13 for an esthetician license or the respective equivalent credit hours; and
(5)The applicant meets all requirements established by rules adopted pursuant to this chapter.
Source:
SDC 1939, §27.1506; SL 1947, ch 125, §1; SL 1957, ch 118, §1; SL 1972, ch 206, §27; SL 1997, ch 218, §12; SL 2003, ch 202, §40; SL 2005, ch 201, §3; SL 2009, ch 182, §2; SL 2018, ch 232, §5, eff. Jan. 1, 2019.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-29.1 - School license restricted to premises--Exceptions--Transfer prohibited.

36-15-29.1. School license restricted to premises--Exceptions--Transfer prohibited.
The license issued pursuant to §36-15-29 authorizes the cosmetology, nail technology, or esthetics school holding a license to transact a school in this state only on the premises approved by the commission, subject to the rules of the commission. The license is not transferable to any other person. If the holder of the school license proposes to conduct a complete or partial education program on premises other than those licensed by the commission, the licensee shall obtain an additional license for the newly proposed premises as a school pursuant to §36-15-29 or pursuant to §36-15-29.3 as applicable. However, the commission may approve limited field trips supervised by instructors.
Source:
SL 1972, ch 206, §28; SL 2003, ch 202, §41; SL 2009, ch 182, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-29.3 - Branch school--Requirements for license.

36-15-29.3. Branch school--Requirements for license.
No school may conduct an education program at a separate school premises unless the school premises is licensed by the commission as a branch school. The commission shall issue a license for a branch school if the applicant meets the following requirements:
(1)The applicant holds a school license under §36-15-29 that is accredited by a nationally recognized accrediting agency approved by the commission;
(2)The applicant completes the application and provides any required documentation;
(3)The application is accompanied by the fee required in this chapter;
(4)The applicant has no violations with another cosmetology board;
(5)The branch school offers at least twenty-five percent of the required hours for cosmetology education, nail technology education, or esthetics education or equivalent credit hours; and
(6)The applicant meets all requirements established by rules adopted pursuant to this chapter.
Source:
SL 2009, ch 182, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-30 - School license--Annual expiration and renewal.

36-15-30. School license--Annual expiration and renewal.
A school license issued pursuant to §36-15-29 or pursuant to §36-15-29.3 expires one year from date of issuance and is renewable annually. The renewal application shall be accompanied by the fee required in this chapter.
Source:
SDC 1939, §27.1509 (4) as enacted by SL 1957, ch 118, §1; SL 1972, ch 206, §27; SL 2003, ch 202, §43; SL 2009, ch 182, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-33 - Student license application--Requirements and issuance of license--Withdrawal or transfer.

36-15-33. Student license application--Requirements and issuance of license--Withdrawal or transfer.
Any person entering or enrolling in a licensed school for education in the practice of cosmetology, nail technology, or esthetics shall apply to the commission for a student license within ten days after the date of enrollment. The applicant for a student license shall be at least seventeen years of age. The application shall contain the information required pursuant to §36-15-15 and the name and location of the school being attended. Upon receipt of the application and the fee provided for in this chapter, the commission shall issue to the applicant a student license which entitles the student to complete the course of education in which the student is enrolled without additional license fees. If the student withdraws from the school or course in cosmetology, nail technology, or esthetics for which the fee was paid and later enrolls in the same or a different school or course, the student shall pay the student license fee again. If at any time a student transfers schools, the student shall submit an application, and pay the applicable license fee, for a student license.
Source:
SDC 1939, §27.1506 (1) as enacted by SL 1957, ch 118, §1; SL 1965, ch 126, §2; SL 1967, ch 105, §1; SL 1972, ch 206, §30; SL 1997, ch 218, §13; SL 2003, ch 202, §44; SL 2009, ch 182, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-34 - Students transferring from out-of-state school--Credit allowed.

36-15-34. Students transferring from out-of-state school--Credit allowed.
Any person who wishes to transfer from an out-of-state school of cosmetology to a licensed school in this state for the purpose of meeting the requirements of the state for commission examination in cosmetology, nail technology, or esthetics shall apply for a student license pursuant to §36-15-33. The commission may adopt rules pursuant to chapter 1-26, establishing requirements relating to courses and education received by such transfer students. Transfer students shall be given South Dakota credit hours for their out-of-state education as determined and allowed by the commission.
Source:
SDC 1939, §27.1506 (5) as enacted by SL 1957, ch 118, §1; SL 1963, ch 156; SL 1972, ch 206, §31; SL 1997, ch 218, §14; SL 2003, ch 202, §45.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-37 - Separation of salon and school required.

36-15-37. Separation of salon and school required.
No owner, employer, manager, or any other person may conduct simultaneously a salon and a school, unless the salon is conducted separately from the school so as not to be construed by the public as one enterprise.
Source:
SDC 1939, §27.1506 (6) as enacted by SL 1957, ch 118, §1; SL 1963, ch 156; SL 1972, ch 206, §32; SL 1997, ch 218, §15; SL 2003, ch 202, §46.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-38 - School to indicate status in advertising and on school premises.

36-15-38. School to indicate status in advertising and on school premises.
Any school shall use the word "school" or words indicating an institution of learning in any advertisement, sign, display, or directory. Each school shall clearly indicate in a location conspicuous to the general public that cosmetological services and practices performed in the school and premises are by students.
Source:
SDC 1939, §27.1506 (6) as enacted by SL 1957, ch 118, §1; SL 1963, ch 156; SL 1972, ch 206, §33; SL 2003, ch 202, §47.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-42 - Apprentice license required for apprenticeship--Requirements and term of license.

36-15-42. Apprentice license required for apprenticeship--Requirements and term of license.
A person may receive apprenticeship education in cosmetology, esthetics, and nail technology. However, no person may receive apprenticeship education unless that person is licensed as an apprentice. Any person may apply to the commission to be licensed as an apprentice if the applicant:
(1)Submits evidence satisfactory to the commission that the applicant possesses those qualifications, except for age, required pursuant to §36-15-15;
(2)Is at least seventeen years of age or older; and
(3)The cosmetology, esthetics, or nail salon in which the apprentice will receive education is currently licensed as an apprentice salon and is adequately equipped to teach the profession of cosmetology, esthetics, or nail technology, as applicable.
Any apprentice license issued pursuant to this chapter is valid for the full period of the apprenticeship as defined in §36-15-45 and is not renewable. The application shall be accompanied by the fee required in this chapter.
Source: SDC 1939, §27.1507 (1), (5) as enacted by SL 1957, ch 118, §1; SL 1965, ch 127, §1; SL 1967, ch 105, §2; SDCL, §§
36-15-42
,
36-15-43
; SL 1972, ch 206, §34; SL 1997, ch 218, §16; SL 2003, ch 202, §48; SL 2021, ch 176, § 2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-42.1 - Apprentice salon license required to offer apprenticeship education--Requirements and term of license.

36-15-42.1. Apprentice salon license required to offer apprenticeship education--Requirements and term of license.
No salon may offer apprenticeship education without obtaining an apprentice salon license. The owner of the salon may apply to the commission to be licensed as an apprentice salon if:
(1)The salon meets the applicable requirements of this chapter and rules promulgated pursuant to this chapter;
(2)The salon has passed the annual inspection for the current year; and
(3)The application is accompanied by the fee required in this chapter.
The apprentice salon license is valid for the length of the apprenticeship as stated in §36-15-45. If the apprenticeship period extends longer than the length of hours in §36-15-45, as applicable, then the apprentice salon license shall be renewed. The commission may grant an extension of the license for good cause. The commission shall define good cause by rules promulgated pursuant to chapter 1-26.
Source:
SL 2003, ch 202, §49.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-44 - Maximum number of apprentices in salon.

36-15-44. Maximum number of apprentices in salon.
An apprentice salon may have up to eight apprentices not to exceed two apprentices per instructor during any one period of time.
Source:
SDC 1939, §27.1507 (5) as enacted by SL 1957, ch 118, §1; SL 2003, ch 202, §50; SL 2018, ch 234, §1; SL 2021, ch 176, § 3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-45 - Required period of apprenticeship--Transfer to another salon--Break in apprenticeship period--Promulgation of rules.

36-15-45. Required period of apprenticeship--Transfer to another salon--Break in apprenticeship period--Promulgation of rules.
A licensed apprentice in cosmetology shall receive education in the practice of cosmetology as required by this chapter in the same cosmetology salon for fifteen hundred consecutive hours. A licensed apprentice in esthetics shall receive education in the practice of esthetics as required by this chapter for six hundred consecutive hours. A licensed apprentice in nail technology shall receive education in the practice of nail technology as required by this chapter for four hundred consecutive hours in the same cosmetology salon or nail salon. The commission may permit an apprentice to transfer to another cosmetology, esthetics, or nail salon, as applicable, for completion of the apprenticeship if the apprentice applies for the transfer in writing to the commission and shows good cause for the request. The commission may permit a break in the consecutive period of the apprenticeship if the apprentice applies for the break in writing to the commission and shows good cause for the request. The commission shall define good cause by rules promulgated pursuant to chapter 1-26.
Source:
SDC 1939, §27.1507 (6) as enacted by SL 1957, ch 118, §1; SL 1965, ch 127, §2; SL 1972, ch 206, §35; SL 1997, ch 218, §17; SL 2003, ch 202, §51; SL 2018, ch 232, §6, eff. Jan. 1, 2019; SL 2021, ch 176, § 4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-46 - Textbooks and course of study for schools and apprenticeship training.

36-15-46. Textbooks and course of study for schools and apprenticeship training.
The commission may prescribe textbooks, educational material, and the general course of study required for schools and for salons having one or more apprentices. Such textbooks and educational material shall be furnished without charge for use by apprentices.
Source:
SDC 1939, §27.1507 (2) as enacted by SL 1957, ch 118, §1; SL 1972, ch 206, §36; SL 1997, ch 218, §18; SL 2003, ch 202, §52.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-46.1 - General Coursework--Credit--Promulgation of rules

36-15-46.1  .  General Coursework--Credit--Promulgation of rules
.
Notwithstanding any other provision of this chapter, the commission shall allow credit for general coursework in areas not specific to the practice of cosmetology, nail technology, or esthetics, that is completed in other programs or institutions, to be applied to any course of study required for licensure under this chapter.
The commission may promulgate rules, pursuant to chapter   1-26  , establishing criteria for accepting and applying the credit allowable under this section.
Source:  SL 2020, ch 159, § 1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-47 - Apprentice to practice in licensed salon--Supervision and time required for study and practice.

36-15-47. Apprentice to practice in licensed salon--Supervision and time required for study and practice.
Any apprentice licensed pursuant to this chapter may practice cosmetology if the practice is performed only in a cosmetology, esthetics, or nail salon, as applicable, licensed pursuant to this chapter; the apprentice is under the constant supervision, control, and direction of a licensed instructor at all times; and the apprentice is actually engaged in the study and practice of cosmetology, esthetics, or nail technology at least forty hours a week.
Source:
SDC 1939, §27.1507 (3) as enacted by SL 1957, ch 118, §1; SL 1972, ch 206, §37; SL 1997, ch 218, §19; SL 2003, ch 202, §53; SL 2018, ch 232, §7; SL 2021, ch 176, § 5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-47.1 - Licensed instructors to teach apprentices--Fee for education prohibited.

36-15-47.1. Licensed instructors to teach apprentices--Fee for education prohibited.
Only an instructor licensed under this chapter may teach an apprentice in any of the practices of cosmetology. The instructor, the salon, or anyone connected with the apprenticeship may not charge, receive, or accept any fee or anything of value except services for the education.
Source:
SL 1972, ch 206, §38; SL 2003, ch 202, §54; SL 2018, ch 232, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-48 - Instructor's report on apprentice.

36-15-48. Instructor's report on apprentice.
The commission may adopt reasonable rules pursuant to chapter 1-26 pertaining to a report on the progress and education received by any apprentice required of the licensed instructor under whom the apprentice is being supervised.
Source:
SDC 1939, §27.1507 (4) as enacted by SL 1957, ch 118, §1; SL 1972, ch 206, §39; SL 2003, ch 202, §55; SL 2018, ch 232, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-50 - Temporary license issued on completion of apprenticeship--Duration of license.

36-15-50. Temporary license issued on completion of apprenticeship--Duration of license.
Any person who successfully completes the term of apprenticeship pursuant to this chapter may apply to the commission for a temporary license which will authorize the applicant to perform all the practices of a regularly licensed cosmetologist, esthetician, or nail technician, as applicable. The temporary license application shall be accompanied with:
(1)Evidence satisfactory to the commission that the applicant possesses the qualifications required pursuant to §36-15-15;
(2)Evidence satisfactory to the commission that the apprenticeship period has been completed;
(3)The fee for a temporary license as provided in this chapter; and
(4)The application and fee for the cosmetologist or nail technician examination, as applicable.
A temporary license issued by the commission is valid until the date of the next scheduled examination in cosmetology, esthetics, or nail technology, as applicable. If the holder of a temporary license takes the applicable examination at that time, the commission shall extend the temporary license until the result of the examination is mailed to the person. If a person is not excused from the examination by the commission or fails the examination, the temporary license is invalid and may not be extended or reissued.
Source:
SDC 1939, §27.1507 (8) as enacted by SL 1957, ch 118, §1; SL 1972, ch 206, §40; SL 1997, ch 218, §20; SL 2003, ch 202, §56; SL 2021, ch 176, § 6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-50.1 - Temporary license to school graduate--Duration of license.

36-15-50.1. Temporary license to school graduate--Duration of license.
Any person who successfully completes a course of education in an approved and licensed school in this state, or in any other licensed cosmetology, nail technology, or esthetics school, as applicable, not located within this state that is shown to the satisfaction of the commission to be comparable, may apply to the commission for a temporary license which will authorize the applicant to perform all the practices of a regularly licensed cosmetologist, nail technician, or esthetician, as applicable. The application shall be accompanied by:
(1)Evidence satisfactory to the commission that the course of education has been successfully completed;
(2)The fee for a temporary license as provided in this chapter; and
(3)The application and fee for a cosmetologist, nail technician, or esthetician examination, as applicable.
A temporary license issued by the commission is valid until the date of the next scheduled examination in cosmetology, nail technology, or esthetics, as applicable. If the holder of a temporary license takes the applicable examination at that time, the commission shall extend the temporary license until the result of the examination is mailed to the person. If a person is not excused from the examination by the commission or fails the examination, the temporary license is invalid and may not be extended or reissued.
Source:
SL 1972, ch 206, §41; SL 1997, ch 218, §21; SL 2003, ch 202, §57.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-51 - License required to operate salon or booth--Types of licenses--Annual expiration and renewal--Violation as misdemeanor.

36-15-51. License required to operate salon or booth--Types of licenses--Annual expiration and renewal--Violation as misdemeanor.
No person may operate a salon or booth without a license. Any person who desires to operate a salon or booth where:
(1)All of the practices of cosmetology are provided shall apply to the commission for a cosmetology salon or booth license, as applicable;
(2)Only nail technology is practiced, shall apply to the commission for a nail salon or booth license, as applicable;
(3)Only esthetics is practiced, shall apply to the commission for an esthetics salon or booth license, as applicable;
(4)Cosmetology is limited to one or a few of the practices specified in §36-15-2, shall apply to the commission for a limited salon or booth license. The application for a limited license shall state the practices of cosmetology desired to be provided.
The application shall be accompanied by the license fee provided for in this chapter. Any salon or booth license expires annually on a date set by the commission in rules promulgated pursuant to chapter 1-26, and is renewable annually. No person may practice cosmetology, nail technology, or esthetics beyond the limits specified in the license. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §27.1512 as enacted by SL 1957, ch 118, §1; SL 1972, ch 206, §42; SL 1977, ch 190, §180; SL 1997, ch 218, §22; SL 2003, ch 202, §58.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-51.1 - Changing location or ownership of salon or booth--New license required--Temporary permit authorized--Notice to commission.

36-15-51.1. Changing location or ownership of salon or booth--New license required--Temporary permit authorized--Notice to commission.
The owner of a salon or booth shall apply to the commission for a new license pursuant to §36-15-51 if:
(1)A salon or booth address is changed;
(2)Sole ownership is changed;
(3)A partnership has a change in any partner; or
(4)The controlling ownership in a corporation is transferred or a corporation is reorganized.
The application shall be accompanied by the license fee provided for in this chapter. The commission may issue a temporary permit to the applicant which is valid for ninety days. During that time, the commission shall inspect the premises. The owner or manager of a salon or booth that changes location or ownership or is closed shall immediately notify the commission of that fact.
Source:
SDC 1939, §27.1512 as enacted by SL 1957, ch 118, §1; SDCL §36-15-51; SL 1972, ch 206, §43; SL 1997, ch 218, §23; SL 2003, ch 202, §59; SL 2007, ch 217, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-51.2 - Licensed nursing facilities and assisted living centers.

36-15-51.2. Licensed nursing facilities and assisted living centers.
Any licensed nursing facility or licensed assisted living center that permits cosmetology services only to its residents and does not advertise as a salon is not required to have a salon license.
Source:
SL 2014, ch 181, §2; SL 2018, ch 235, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-54 - Practice outside licensed salon or booth prohibited--Exceptions.

36-15-54. Practice outside licensed salon or booth prohibited--Exceptions.
Cosmetology, nail technology, and esthetics may only be practiced in a licensed salon or booth, notwithstanding the following exceptions:
(1)Demonstrations: a demonstrator may perform a demonstration of cosmetology services for compensation, fee, or any other remuneration;
(2)Limited mobility clients: a licensee may practice cosmetology services on persons unable to come to the salon because of imprisonment, disabling sickness, or other disability so long as the licensee documents the service through a salon or booth; and
(3)Special events: a licensee may practice limited services within the scope of the license for special events, such as weddings, fashion shows, school dances, professional photography sessions, or other events approved by the commission, so long as the licensee documents the service through a salon or booth. The limited services that may be performed at such special events are the following: the nonpermanent manipulation of the hair, such as styling, wrapping, arranging, braiding, twisting, weaving, extending, fusing, dressing, curling, setting, and straightening; the application of nail polish to the nails; and the application of makeup to the skin.
Source:
SDC 1939, §27.1513; SL 1957, ch 118, §1; SL 1972, ch 206, §45; SL 1997, ch 218, §25; SL 2003, ch 202, §61; SL 2014, ch 181, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-55.2 - Ground for disciplinary action as basis for refusal, revocation or suspension of license.

36-15-55.2. Ground for disciplinary action as basis for refusal, revocation or suspension of license.
The commission may, in compliance with chapter 1-26, either refuse to issue, revoke, or suspend a license which is required by this chapter on any of the grounds for disciplinary action provided in this chapter.
Source:
SL 1972, ch 206, §47; revised pursuant to SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-56 - Grounds for disciplinary action.

36-15-56. Grounds for disciplinary action.
The grounds for disciplinary action are:
(1)Fraud or deception in procuring a license required by this chapter;
(2)Failure of any person to comply with any of the requirements of this chapter or rules adopted pursuant to this chapter;
(3)Publication or use of any untruthful or improper statement or representation, with a view of deceiving the public, or any patron or customer in connection with the practice or education in cosmetology;
(4)Habitual drunkenness or drug addiction affecting the licensee's practice of the profession, or conviction of a violation of any federal or state law relating to narcotic drugs;
(5)Failure to furnish to the commission, any report or information which is required by this chapter or rules adopted pursuant to this chapter;
(6)The employment of any unlicensed person to perform work which under this chapter can lawfully be done only by licensed persons;
(7)Failure to publicly display any license required by this chapter;
(8)Willfully making any false oath or affirmation whenever any oath or affirmation is required in this chapter or by rules adopted pursuant to this chapter;
(9)Conviction of a felony affecting the licensee's practice of the profession, as shown by a certified copy of the record of the court of conviction;
(10)Continued practice by persons knowingly having an infectious or contagious disease; and
(11)Practice of any cosmetology services for which the commission requires additional continuing education when the education has not been completed.
Source:
SDC 1939, §27.1511; SL 1943, ch 106, §3; SL 1957, ch 118, §1; SL 1972, ch 206, §48; SL 2003, ch 202, §63.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-57 - Subpoena power of commission--Administration of oaths--Depositions.

36-15-57. Subpoena power of commission--Administration of oaths--Depositions.
The Cosmetology Commission shall have the powers granted by §§1-26-19.1 and 1-26-19.2 at any hearing of any matter over which the commission has jurisdiction.
Source:
SDC 1939, §27.1511; SL 1943, ch 106, §3; SL 1957, ch 118, §1; revised pursuant to SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-58 - Initiation of proceedings for cancellation, revocation or suspension of license.

36-15-58. Initiation of proceedings for cancellation, revocation or suspension of license.
The proceedings for cancellation, revocation, or suspension of a license may be initiated when the cosmetology commission has information that any person may have been guilty of any misconduct as provided in §36-15-56, or is guilty of incompetence, negligence, or unprofessional or dishonorable conduct.
Source:
SDC 1939, §27.1511; SL 1943, ch 106, §3; SL 1957, ch 118, §1; SL 1972, ch 206, §52; SL 2005, ch 199, §46.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-58.3 - Quorum of commission at hearing on cancellation, revocation or suspension.

36-15-58.3. Quorum of commission at hearing on cancellation, revocation or suspension.
All proceedings relative to the cancellation, revocation or suspension of a license, or relative to reissuing a license which has been revoked or suspended shall only be held when a majority of the members of the commission are present at such hearings.
Source:
SL 1972, ch 206, §49.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-58.4 - Majority vote required to suspend, revoke or cancel license.

36-15-58.4. Majority vote required to suspend, revoke or cancel license.
The decision of the commission to suspend, revoke or cancel a license requires a majority vote of the commission members.
Source:
SL 1972, ch 206, §50.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-58.5 - Reinstatement of suspended or revoked license--Procedure--Conditions.

36-15-58.5. Reinstatement of suspended or revoked license--Procedure--Conditions.
By majority vote, the commission may reinstate or reissue a suspended or revoked license upon:
(1)Written application establishing compliance with existing licensing requirements; or
(2)Testimony by witnesses.
The commission may impose conditions for the reinstatement of a license. One of the conditions may provide for an automatic reinstatement of the license after a fixed period of time.
Source:
SDC 1939, §27.1511; SL 1943, ch 106, §3; SL 1957, ch 118, §1; SDCL, §36-15-58; SL 1972, ch 206, §51; SL 2003, ch 202, §64.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-59 - Appeal from commission decision.

36-15-59. Appeal from commission decision.
An appeal may be taken from orders or decisions of the Cosmetology Commission acting pursuant to this chapter as provided by chapter 1-26.
Source:
SDC 1939, §27.1511; SL 1943, ch 106, §3; SL 1957, ch 118, §1; SL 1972, ch 206, §55.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons › Section 36-15-60 - Certain acts prohibited--Misdemeanor.

36-15-60. Certain acts prohibited--Misdemeanor.
No person may:
(1)Practice cosmetology, nail technology, or esthetics without a license;
(2)Intentionally make any false oath or affirmation whenever an oath or affirmation is required by this chapter or rules promulgated to this chapter;
(3)Fail to display any license in a conspicuous place in the salon, booth, or school;
(4)Fail to comply with the plumbing, electrical, physical, or sanitary requirements as stated in the rules promulgated by the commission;
(5)Charge or receive compensation for teaching an apprentice any of the practices of cosmetology;
(6)Operate a school without a license as provided for in this chapter;
(7)Employ or allow any unlicensed person to perform work which under this chapter may lawfully be done only by licensed persons;
(8)Operate a salon, booth, or school for any of the practices of cosmetology without having first obtained the applicable license as provided in this chapter;
(9)Practice any cosmetology services for which the commission requires additional continuing education in which the education has not been completed; and
(10)Do any act prohibited by this chapter.
A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §§27.1516, 27.9930; SL 1943, ch 106, §4; SL 1947, ch 125, §4; SL 1957, ch 118, §1; SL 1972, ch 206, §56; SL 1977, ch 190, §182; SL 1986, ch 302, §6; SL 1997, ch 218, §§26, 27; SL 2003, ch 202, §65; SL 2007, ch 217, §10.