reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:13 - Chiropractic radiography › Section 20:41:13:12 - Continuing education

Current through Register Vol. 51, page 10, July 15, 2024
As a condition to renewing a certificate, a chiropractic
				  radiographer must receive four hours of continuing education every two years,
				  ending on the odd year, as approved by the board as set forth in §
									20:41:13:06. Continuing education
				  hours must be submitted to the board for approval before a certificate will be
				  renewed.
General Authority:
SDCL
					 36-5-4,
					 36-5-15.3.
Law Implemented:
SDCL
					 36-5-15.3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:14 - Peer review › Section 20:41:14:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Patient," an individual who has received
				treatment from a South Dakota licensed chiropractor or who has received
				treatment under the supervision or direction of a South Dakota licensed
				chiropractor, which treatment is within the scope of practice for a
				chiropractor within the state of South Dakota;
(2) "Patient's legal representative," an
				individual who represents the interests of the patient and has the legal
				authority to act on the patient's behalf;
(3) "Individual reviewer," an individual
				member of the peer review committee who is designated by the chairman of the
				committee to conduct a peer review evaluation of any particular
				matter;
(4) "Insurer," a party
				contractually obligated to pay the medical obligations of the
				patient;
(5) "Third-party payor," a
				party not contractually obligated to pay the medical obligations of a patient
				but who may be liable for the payment of such obligations based upon other
				grounds.
General Authority:
SDCL
					 36-5-4,
					 36-5-19.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:14 - Peer review › Section 20:41:14:02 - Purpose of peer review committee

Current through Register Vol. 51, page 10, July 15, 2024
There is hereby established a peer review committee, the
				  members of which shall function at the will of the board. The purpose of the
				  peer review committee is to review those matters relative to the necessity of
				  services of a licensee, reasonableness of procedures, and reasonableness of
				  costs of chiropractic care in the state of South Dakota.
General Authority:
SDCL
					 36-5-4,
					 36-5-19.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:14 - Peer review › Section 20:41:14:03 - Composition of peer review committee

Current through Register Vol. 51, page 10, July 15, 2024
The peer review committee shall be comprised of a chairman, a
				  secretary, and a minimum of five additional members, and shall be appointed by
				  the members of the board. Peer review committee members may be removed from the
				  peer review committee by vote of the board, at any time, without
				  cause.
General Authority:
SDCL
					 36-5-4,
					 36-5-19.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:14 - Peer review › Section 20:41:14:04 - Qualifications of peer review committee

Current through Register Vol. 51, page 10, July 15, 2024
To hold a position on the peer review committee a member
				  shall hold an active license to practice chiropractic in the state of South
				  Dakota which license is in good standing with the board and have held an active
				  license to practice chiropractic in the state of South Dakota for a period of
				  ten years.
General Authority:
SDCL
					 36-5-4,
					 36-5-19.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:14 - Peer review › Section 20:41:14:05 - Requests for peer review

Current through Register Vol. 51, page 10, July 15, 2024
A request for peer review may be submitted to the peer review
				  committee by a patient, the patient's legal representative, the patient's
				  insurer or health care providers, a third-party payor, the treating
				  chiropractic physician, or a subsequent treating chiropractic physician. The
				  peer review committee may not honor a request from a third-party payor unless
				  the third-party payor submits with the request:
(1) A medical release signed by the patient
				whose records are sought for review or a court order authorizing the release of
				patient records for review; or
(2)
				The records sought to be reviewed, in which case only those records submitted
				by the third-party payor will be reviewed.
Peer review may not be allowed for any request made more than
				  one year after the date of the final bill for chiropractic services is rendered
				  in connection with the requested review or for services dating back more than
				  three years from the date of such request.
General Authority:
SDCL
					 36-5-4,
					 36-5-19.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:14 - Peer review › Section 20:41:14:06 - Procedures for peer review

Current through Register Vol. 51, page 10, July 15, 2024
Peer review may be conducted only upon request by a party as
				  authorized under the provisions of §
									20:41:14:05. Upon receipt of
				  written request, the peer review committee shall inform the party requesting
				  the review in writing and request a patient authorization if the requesting
				  party is a third-party payor. The peer review committee shall notify the
				  treating chiropractic physician of the request for review and request the
				  necessary forms and documentation. Forms and documentation must be returned to
				  the peer review committee within 15 days of receiving notice. Upon receipt of
				  any relevant material, the peer review committee's secretary shall notify each
				  individual review chosen to complete the review. Two individual reviewers are
				  chosen to complete the investigation and review. The individual reviewers may
				  not be practicing in the same geographical area of the state as the treating
				  doctor subject to the review. A completed review shall be submitted to the peer
				  review committee chairman for final approval. Upon final approval, a final
				  draft of the completed review shall be mailed to the appropriate parties
				  including the party requesting the review, the treating doctor, and the board.
				  In any case where a chiropractic physician has received three negative reviews
				  in a twelve month period, the chairman of the peer review committee shall file
				  a written complaint with the disciplinary committee so
				  stating.
General Authority:
SDCL
					 36-5-4,
					 36-5-19.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:14 - Peer review › Section 20:41:14:07 - Materials utilized for peer review

Current through Register Vol. 51, page 10, July 15, 2024
The peer review committee shall use the following
				  materials:
(1) If conducting any
				review of chiropractic services, the
Guidelines for Chiropractic
				Quality Assurance and Practice Parameters
, Proceedings of the Mercy
				Center Consensus Conference, for review of chiropractic quality assurance; and
				Richard E. Olson's
Procedural Utilization Facts for
				Chiropractic/Physical Therapy Treatment Standards
, a Reference Guide,
				5th Edition, for review of treatment
				parameters;
(2) If conducting a
				review concerning workers' compensation, the materials in subdivision (1) and
				the treatment guidelines for workers' compensation developed and adopted
				pursuant to article 47:03; and
(3)
				In reviewing any concern about the cost of chiropractic services, the one
				hundred seventy-fifth percentile of the HCFA Participating Provider Base (South
				Dakota).
General Authority:
SDCL
					 36-5-4,
					 36-5-15.2(3),
					 36-5-19.
Law Implemented:
SDCL
					 36-5-4,
					 36-5-15.2(3),
					 36-5-19.
Procedural/Utilization Facts
,
					 5th Edition, Richard Olson, D.C. Copies may be
					 obtained from the Chiropractic Board of Examiners Office, 407 Belmont Avenue,
					 Yankton, SD 57078. Cost: $89.
Guidelines For Chiropractic Quality Assurance and
					 Practice Parameters
, 1993. Copies may be obtained from Jones and
					 Bartlett Publishers
www.alliedhealth.jbpub.com
. Cost:
					 $79.95.
The HCFA Participating Provider Base may be found at
CMS, Centers for Medicare and Medicaid Services
www.cms.hhs.gov
(South
					 Dakota).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:14 - Peer review › Section 20:41:14:08 - Fees for peer review

Current through Register Vol. 51, page 10, July 15, 2024
The fee for a peer review of records and documents requested
				  by a treating doctor, a third party payor, or a party other than the patient is
				  $300. If the peer review involves rehabilitation or physical therapy services,
				  the fee is $600. Any additional review is subject to an additional fee at the
				  same rate as provided in this section. No patient may be charged for a peer
				  review.
General Authority:
SDCL
					 36-5-4,
					 36-5-19.
Law Implemented:
SDCL
					 36-5-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:15 - Chiropractic assistants › Section 20:41:15:01 - Minimum training requirements

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for registration as a chiropractic assistant
				  shall meet the following minimum requirements:
(1) Attainment of 18 years of age;
(2) Passage of an approved program or course
				of study consisting of at least 20 hours in chiropractic assisting that
				includes coursework in basic chiropractic assistant duties, introduction to
				physiotherapy, use of modalities, rehabilitation and exercise programs as
				designed by the chiropractor, evaluations, and other programs as designated by
				the board; and
(3) Certification in
				cardiopulmonary resuscitation (CPR).
General Authority:
SDCL
					 36-5-25.
Law Implemented:
SDCL
					 36-5-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:15 - Chiropractic assistants › Section 20:41:15:02 - Exemptions to requirements

Current through Register Vol. 51, page 10, July 15, 2024
An applicant may apply for certification based on
				  verification of at least two years employment as a chiropractic assistant and
				  evidence of having passed an examination approved by the
				  board.
General Authority:
SDCL
					 36-5-25,
					 36-5-27.
Law Implemented:
SDCL
					 36-5-25,
					 36-5-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:15 - Chiropractic assistants › Section 20:41:15:03 - Qualification by endorsement

Current through Register Vol. 51, page 10, July 15, 2024
A person who has a current certificate as a chiropractic
				  assistant issued by another state, jurisdiction, agency, or nationally
				  recognized professional registry or board may, upon presentation of the
				  certificate to the board, be considered to meet the requirements of this
				  chapter if the board finds that the standards and procedures for qualification
				  in the state, jurisdiction, agency, or nationally recognized professional
				  registry or board which issued the certificate are equivalent to the standards
				  in this chapter.
General Authority:
SDCL
					 36-5-25,
					 36-5-27.
Law Implemented:
SDCL
					 36-5-25,
					 36-5-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:15 - Chiropractic assistants › Section 20:41:15:04 - Information required for course approval

Current through Register Vol. 51, page 10, July 15, 2024
A chiropractic assistant education course may be considered
				  for approval based on the following information:
(1) Name, outline, and objective(s) of the
				chiropractic assistant course;
(2)
				Sponsor's name;
(3) Hours of
				study;
(4) Names, educational
				background, and experience of instructors;
(5) Name of certifying officer and method
				used;
(6) Textbooks and equipment
				used or required;
(7) Whether the
				course is approved by any accrediting agency; and
(8) A chiropractic assistant course
				outline.
General Authority:
SDCL
					 36-5-25,
					 36-5-27.
Law Implemented:
SDCL
					 36-5-25,
					 36-5-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:15 - Chiropractic assistants › Section 20:41:15:05 - Approval of courses

Current through Register Vol. 51, page 10, July 15, 2024
The board shall review the information concerning a
				  chiropractic assistant education course provided under §
									20:41:15:04 and may grant or deny
				  approval based on the following:
(1)
				Sponsorship of the course;
(2) The
				qualifications and experience of the instructor; and
(3) The applicability of the subject matter
				to the practice of chiropractic assisting.
General Authority:
SDCL
					 36-5-25,
					 36-5-27.
Law Implemented:
SDCL
					 36-5-25,
					 36-5-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:15 - Chiropractic assistants › Section 20:41:15:06 - Application for chiropractic assistant certification

Current through Register Vol. 51, page 10, July 15, 2024
An application for certification as a chiropractic assistant
				  shall be made on a form furnished by the board and shall be filled out
				  completely. The application shall contain a statement that the requirements of
				  this chapter of rules have been read and understood by the applicant and shall
				  document the training, experience, and education that qualify the applicant to
				  become a chiropractic assistant.
General Authority:
SDCL
					 36-5-24.
Law Implemented:
SDCL
					 36-5-24.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:15 - Chiropractic assistants › Section 20:41:15:06.01 - Lapse and reinstatement of certificate

Current through Register Vol. 51, page 10, July 15, 2024
If a chiropractic assistant fails to maintain an active
				  certification as provided in chapter 20:41:15, the certification lapses on the
				  date immediately following the final date of the period for which it was last
				  renewed. No person may practice as a chiropractic assistant in South Dakota
				  with a lapsed certificate. If a certificate has been in lapse status for less
				  than two years, applicant may convert to an active South Dakota certification
				  by paying the license fee, submitting a renewal application, and providing
				  continuing education as required by §
									20:41:15:09. If a certificate has
				  been in lapse status two years or more, the applicant must retake and
				  successfully pass a board approved chiropractic assistant examination and
				  reapply for certification.
General Authority:
SDCL
					 36-5-24.
Law Implemented:
SDCL
					 36-5-24.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:15 - Chiropractic assistants › Section 20:41:15:07 - Examination and proficiency evaluation

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for certification as a chiropractic assistant
				  shall present evidence of having passed an examination approved by the board
				  with a score of at least 75 percent. If the chiropractic assistant does not
				  achieve a score of 75 percent, the examiner must advise the chiropractic
				  assistant of the areas failed. The assistant may have two additional
				  opportunities to pass the evaluation, not to exceed a total of three attempts
				  in any two-year period.
General Authority:
SDCL
					 36-5-25,
					 36-5-27.
Law Implemented:
SDCL
					 36-5-25,
					 36-5-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:15 - Chiropractic assistants › Section 20:41:15:08 - Fee for certificate of registration - Renewal

Current through Register Vol. 51, page 10, July 15, 2024
The board shall issue a certificate of registration upon
				  payment of a fee of $50 for initial registration upon completion of all
				  requirements outlined in §
									20:41:15:06. After the initial
				  registration, each person registered as a chiropractic assistant shall submit
				  an annual renewal fee of $25. The registrant shall display a current
				  certificate in each office in which they work.
General Authority:
SDCL
					 36-5-24.
Law Implemented:
SDCL
					 36-5-24.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:15 - Chiropractic assistants › Section 20:41:15:09 - Continuing education

Current through Register Vol. 51, page 10, July 15, 2024
As a condition to renewing a certificate, a chiropractic
				  assistant must complete a minimum of four hours of continuing education
				  approved by the board as set forth in §
									20:41:15:06 every two years ending
				  on the odd years. CPR certification may count for only two hours of continuing
				  education in each two-year period. Continuing education hours must be submitted
				  to the executive director of the board for approval before a certificate will
				  be renewed.
General Authority:
SDCL
					 36-5-25.
Law Implemented:
SDCL
					 36-5-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:15 - Chiropractic assistants › Section 20:41:15:10 - Supervision by chiropractor

Current through Register Vol. 51, page 10, July 15, 2024
A certified chiropractic assistant shall be under the direct
				  supervision of a South Dakota licensed chiropractor at all times. Direct
				  supervision means the personal presence and availability of the supervising
				  chiropractor at the place where chiropractic healthcare services are
				  rendered.
General Authority:
SDCL
					 36-5-27.
Law Implemented:
SDCL
					 36-5-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:15 - Chiropractic assistants › Section 20:41:15:11

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-5-28.
Law Implemented:
SDCL
					 36-5-28.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:15 - Chiropractic assistants › Section 20:41:15:12

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-5-28.
Law Implemented:
SDCL
					 36-5-28.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:41 - CHIROPRACTORS › Chapter 20:41:15 - Chiropractic assistants › Section 20:41:15:13

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-5-28.
Law Implemented:
SDCL
					 36-5-28.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:02 - Organization of commission › Section 20:42:02:03 - President's duties

Current through Register Vol. 51, page 10, July 15, 2024
The president is the principal executive officer of the
				  commission and is subject to the control of the commission. The
				  president:
(1) Shall, generally,
				supervise all of the business of the commission;
(2) Shall preside, when present, at all
				meetings of the commission;
(3) May
				sign, with any other officer of the commission authorized by the commission,
				any instruments which the commission has authorized to be executed;
				and
(4) Shall perform all duties
				incident to the office of president and any other duties prescribed by the
				commission.
General Authority:
SDCL
					 36-15-13(16).
Law Implemented:
SDCL
					 36-15-5,
					 36-15-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:02 - Organization of commission › Section 20:42:02:04 - Vice president's duties

Current through Register Vol. 51, page 10, July 15, 2024
In the absence or disability of the president, the vice
				  president shall perform the duties of the president.
General Authority:
SDCL
					 36-15-13(16).
Law Implemented:
SDCL
					 36-15-5,
					 36-15-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:02 - Organization of commission › Section 20:42:02:05 - Secretary-treasurer duties

Current through Register Vol. 51, page 10, July 15, 2024
The secretary-treasurer shall:
(1) Keep the minutes of the commission
				meetings;
(2) See that all notices
				are given as required by law;
(3)
				Be custodian of the commission records and of the seal of the commission and
				see that the seal is affixed to all documents authorized to be executed under
				the seal of the commission;
(4)
				Keep a register of the name and address of each licensee which shall be
				furnished to the secretary-treasurer by each licensee;
(5) Have general charge of the books of the
				commission;
(6) Be responsible for
				all funds and securities of the commission; receive and give receipts for
				moneys payable to the commission from any source, and deposit all moneys in the
				name of the commission with the state treasurer; and
(7) In general, perform all duties incident
				to the office of the secretary-treasurer, all duties incident to the Office of
				Treasurer, and any other duties assigned by the president or by the
				commission.
General Authority:
SDCL
					 36-15-13(16).
Law Implemented:
SDCL
					 36-15-5,
					 36-15-11.
Public funds maintained in state treasury -- Local bank
					 accounts as official accounts -- Signatories -- Statements required of agencies
					 holding state funds in local bank, SDCL
					 4-4-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:02 - Organization of commission › Section 20:42:02:06 and 20:42:02:07 - Secretary-treasurer - Treasurer's duties. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:02 - Organization of commission › Section 20:42:02:08 - Employment of executive director - Duties

Current through Register Vol. 51, page 10, July 15, 2024
The commission may provide that any of the duties of the
				  secretary-treasurer be performed by an executive director hired by the
				  commission. The secretary-treasurer shall be relieved of any duties
				  specifically required of such an executive director by the commission. The
				  executive director shall maintain office hours at the office of the commission
				  and perform any other services required by the commission.
General Authority:
SDCL
					 36-15-13(16).
Law Implemented:
SDCL
					 36-15-5,
					 36-15-6,
					 36-15-9,
					 36-15-11.
Classification and pay of state employees, SDCL 3-6A-28 to
					 3-6A-30.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:02 - Organization of commission › Section 20:42:02:09 and 20:42:02:10 - Quorum for conduct of business.Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:02 - Organization of commission › Section 20:42:02:11 - Meetings - How set and place

Current through Register Vol. 51, page 10, July 15, 2024
Meetings of the commission may be called by or at the request
				  of the president or any two members of the commission. Meetings may also be set
				  by action of the commission at any regular or special meeting of the
				  commission. The notice or action of the commission shall establish the time and
				  place for the meeting.
General Authority:
SDCL
					 36-15-13(16).
Law Implemented:
SDCL
					 36-15-5,
					 36-15-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:02 - Organization of commission › Section 20:42:02:16 - Records of the commission open to public

Current through Register Vol. 51, page 10, July 15, 2024
The commission, by majority vote, may classify as
				  confidential materials derogatory to a person, which shall be made available to
				  the person to whom it relates. Otherwise, the records of the commission are
				  subject to SDCL chapter 1-27.
General Authority:
SDCL
					 36-15-13(16).
Law Implemented:
SDCL
					 1-26-2,
					 36-15-11.
Public records open to inspection and copying, SDCL
					 1-27-1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:02 - Organization of commission › Section 20:42:02:17 - Request for rules - Interested persons.Superseded

Current through Register Vol. 51, page 10, July 15, 2024
Commission Note:
SDCL
					 1-26-13 provides a statutory
					 procedure to use for petitioning an agency for amendments to its rules, thus
					 effectively superseding this
					 section.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:03 - Licensure and licensure renewal › Section 20:42:03:01 - Application required

Current through Register Vol. 51, page 10, July 15, 2024
For all licenses and permits required under SDCL chapter
				  36-15, an application must be made on the appropriate form, be complete,
				  legible and accompanied by the appropriate application fee. By submitting an
				  application, an applicant certifies, under penalty of perjury, that the
				  information submitted by the applicant is true and correct. An applicant may be
				  required to clarify, expand, or provide additional information as needed to
				  fully evaluate the application. All applications shall be sent to the office of
				  the commission.
General Authority:
SDCL
					 36-15-13(1)(16).
Law Implemented:
SDCL
					 36-15-13(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:03 - Licensure and licensure renewal › Section 20:42:03:03 - Fees

Current through Register Vol. 51, page 10, July 15, 2024
The fees for licenses, permits, and license renewals are as
				  follows:
(1) Examination fee which
				includes the initial license, $100;
(2) Examination retake fee, one test. $60;
				two tests. $70; three tests, $80;
(3) Cosmetologist, nail technician, or
				esthetician license renewal fee, $25;
(4) Temporary cosmetologist, nail technician,
				or esthetician license fee, $6:
(5)
				Instructor initial license fee and renewal fee. $35;
(6) Reciprocity, initial license, and waiver
				of examination fee, $100;
(7) For
				certification of a license issued pursuant to SDCL chapter 36-15 for a South
				Dakota licensee lo obtain licensure in another state, or furnishing of other
				papers to another state or school, $20;
(8) Apprentice license fee. $25;
(9) Apprentice salon initial license and
				renewal fee. $250;
(10) School
				initial license fee and renewal fee, $300;
(11) Student license fee, $6;
(12) Salon or booth initial permit license
				fee, $60;
(13) Salon or booth
				license renewal fee, $40;
(14)
				Reinspection fee for failed salon. $50 for each reinspection;
(15) License duplicate or replacement fee,
				$5; and
(16) Lapsed license
				penalty, $20 for each year lapsed.
General Authority:
SDCL
					 36-15-13 { 12).
					 36-15-20. 36-15-20.1.
Law Implemented:
SDCL 36-15-20.
					 36-15-20.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:03 - Licensure and licensure renewal › Section 20:42:03:04 - Requirements for individual licensure applicants

Current through Register Vol. 51, page 10, July 15, 2024
All applicants for initial individual licensure shall submit
				  the following in English:
(1) A
				certified copy of the person's birth certificate. United States certificate of
				naturalization, current United States Permanent Resident Card, current United
				States passport, or a current driver license issued by a state or provincial
				government of the United States or Canada;
(2) A personal photograph of the applicant
				taken within the preceding year;
(3) Proof in writing, on forms furnished by
				the commission, that the person possesses the necessary qualifications for the
				license sought; and
(4) For an
				applicant who received an education in cosmetology, esthetics, or nail
				technology in another state, proof of the education by a transcript from the
				school attended or a certification of the education from the state's
				cosmetology licensing agency.
The
transcript or certification
				must be transmitted directly to the commission by the school or the state's
				cosmetology licensing agency. The executive director may reject an application
				that does not contain proof of education recognized by another state's
				cosmetology licensing agency.
General Authority:
SDCL
					 36-15-13(1).
Law Implemented:
SDCL
					 36-15-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:03 - Licensure and licensure renewal › Section 20:42:03:06 - License specific requirements for individual licensure applicants

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for any of the following specific individual
				  licenses shall submit the following additional information on forms provided by
				  the commission:
(1) Student license: a
				certificate of admission by the owner or school administrator of a licensed
				South Dakota school;
(2)
				Cosmetologist or nail technician license: information relating to school and
				education and the number of education hours or equivalent credit hours
				received;
(3) Esthetician license:
				information relating to school and education and that the applicant has
				completed a minimum of six hundred hours of education or equivalent credit
				hours in an approved and licensed cosmetology or esthetics school;
(4) Temporary license: information required
				for a cosmetologist, esthetician, or nail technician license, a certificate of
				graduation from a licensed school, and the location where the applicant intends
				to practice under a temporary license;
(5) Temporary permit for reciprocity: the
				salon name and address where the applicant intends to practice under the
				temporary permit;
(6) Apprentice
				license: in addition to the requirements in SDCL
				36-15-42, a signed, certified
				letter from the salon owner stating the name and address of the salon where the
				apprentice education will be provided and the name and license of the
				instructor; and
(7) Instructor
				license: must meet the requirements of SDCL
				36-15-25 and §
									20:42:08:03.
General Authority:
SDCL
					 36-15-2.3,
					 36-15-13(1),
					 36-15-26.2.
Law Implemented:
SDCL
					 36-15-2.3,
					 36-15-17,
					 36-15-17.1,
					 36-15-19.2,
					 36-15-22,
					 36-15-25,
					 36-15-33,
					 36-15-42,
					 36-15-50,
					 36-15-50.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:03 - Licensure and licensure renewal › Section 20:42:03:06.01 - Applicant for licensure by reciprocity allowed credit for work experience

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure by reciprocity may be allowed
				  credit for work experience as follows;
(1) Cosmetologist license: a maximum of 750
				hours of the school education hours required in §
									20:42:06:09 may be earned through
				work experience. Two hours of work experience equals one hour of school
				education. If the applicant obtained the work experience more than five years
				before the date of the application, the applicant must take a
				commission-approved safety and infection control procedures course in order to
				receive credit for the work experience;
(2) Nail technician license: a maximum of 200
				hours of the school education hours required in §
									20:42:06:09.01 may be earned
				through work experience. Two hours of work experience equals one hour of school
				education. If the applicant obtained the work experience more than five years
				before the date of the application, the applicant must take a
				commission-approved safety and infection control procedures course in order to
				receive credit for the work experience; and
(3) Esthetician license: a maximum of 300
				hours of the school education hours required in §
									20:42:06:09.02 may be earned
				through work experience. Two hours of work experience equals one hour of school
				education. If the applicant obtained the work experience more than five years
				before the date of the application, the applicant must take a
				commission-approved safety and infection control procedures course in order to
				receive credit for the work experience.
General Authority:
SDCL
					 36-15-13(14).
Law Implemented:
SDCL
					 36-15-19.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:03 - Licensure and licensure renewal › Section 20:42:03:06.03 - Foreign-educated applicants for licensure

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements of SDCL
				  36-15-15 and
				  36-15-19.2, an applicant from a
				  foreign country shall have successfully completed 225 cosmetology education
				  hours, -1-50 90 esthetics education hours, or 60 nail technician education
				  hours, as applicable, at a school approved by the commission. The education
				  shall include federal safety requirements (OSIIA and FDA) for cosmetology,
				  South Dakota cosmetology safety and infection control procedures, and United
				  States cosmetic products.
General Authority:
SDCL
					 36-15-13(1).
Law Implemented:
SDCL
					 36-15-19.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:03 - Licensure and licensure renewal › Section 20:42:03:07 - Salon or booth license

Current through Register Vol. 51, page 10, July 15, 2024
Any application for a salon or booth license shall state that
				  the salon or booth complies with all rules of the commission relating to salons
				  or booths. The premises or location must have a salon license before any booth
				  license is issued to that premises or location. The salon or booth license is
				  not transferable.
General Authority:
SDCL
					 36-15-13(1).
Law Implemented:
SDCL
					 36-15-51.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:03 - Licensure and licensure renewal › Section 20:42:03:08 - Limited cosmetology salon or booth license

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements of SDCL
				  36-15-51, any application for a
				  limited salon or booth license shall state the following:
(1) A list of the facilities and equipment it
				will have; and
(2) That the salon
				or booth complies with all rules of the commission relating to salons or
				booths.
General Authority:
SDCL
					 36-15-13(1).
Law Implemented:
SDCL
					 36-15-51.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:03 - Licensure and licensure renewal › Section 20:42:03:09 - School or branch school license

Current through Register Vol. 51, page 10, July 15, 2024
Any application to operate a school or branch school shall
				  certify that the school or branch school is in compliance with all provisions
				  of SDCL chapter 36-15 relating to schools.
General Authority:
SDCL
					 36-15-13(1).
Law Implemented:
SDCL
					 36-15-13(1),
					 36-15-13(4),
					 36-15-29.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:03 - Licensure and licensure renewal › Section 20:42:03:10 and 20:42:03:11 - [Repealed]

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:03 - Licensure and licensure renewal › Section 20:42:03:12 - Renewal requirements and renewal dates of licenses

Current through Register Vol. 51, page 10, July 15, 2024
A license renewal application, along with the appropriate
				  renewal fee, shall be submitted to the commission or postmarked by the annual
				  license renewal date for all licenses and permits issued pursuant to SDCL
				  chapter 36-15.
The annual license renewal dates are as follows:
(1) Cosmetologist, nail technician,
				esthetician, and instructor: application for renewals shall be submitted on or
				before the licensee's birth date as shown as the expiration date on the face of
				the current license; and
(2) All
				salons and booths: application for renewals shall be submitted on or before the
				anniversary date of the initial license as shown as the expiration date on the
				face of the current license.
A name change request must be accompanied by a legal document
				  showing the previous name and the new legal name.
If a licensee has met the requirements of this section, the
				  licensee may continue to practice pending issuance of the renewed license. Any
				  license that is not renewed pursuant to the requirements of this section shall
				  lapse.
General Authority:
SDCL
					 36-15-2.4,
					 36-15-13(1).
Law Implemented:
SDCL
					 36-15-2.4,
					 36-15-13(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:03 - Licensure and licensure renewal › Section 20:42:03:13 - Requirements for renewal of a lapsed license-overrun period

Current through Register Vol. 51, page 10, July 15, 2024
An individual who wishes to renew a lapsed license shall
				  meet the requirements of §
									20:42:03:12 and pay the license
				  renewal fee and lapsed license penalty fee required in §
									20:42:03:03 for each lapsed year.
				  In addition, an individual whose license has lapsed for more than five
				  continuous years shall complete one of the following:
(1) Pass the current licensing examinations;
				or
(2) Attend at least a two-hour
				review course on South Dakota cosmetology laws, rules, and safety procedures.
				The review course must be pre-approved by the commission. After completing the
				course, the applicant must pass an examination given by the commission on
				safety and infection control procedures.
Any licensee continuing to perform or offering to perform
				  services, licensed under SDCL chapter 36-15, sixty days or more after license
				  expiration shall be subject to disciplinary proceedings.
General Authority:
SDCL
					 36-15-13(7),
					 36-15-20.1.
Law Implemented:
SDCL
					 36-15-11(4),
					 36-15-20.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:03 - Licensure and licensure renewal › Section 20:42:03:14 - Waiver of exam for reciprocity applicants

Current through Register Vol. 51, page 10, July 15, 2024
The examination requirement under SDCL
				  36-15-19.1,
				  36-15-19.3, or
				  36-15-19.5 is waived for an
				  applicant who has successfully passed a state-administered or authorized theory
				  examination in another state.
General Authority:
SDCL
					 36-15-13(1X2),
					 36-15-19.2.
Law Implemented:
SDCL
					 36-15-19.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:04 - Salon and booth requirements › Section 20:42:04:01 - Salon and booth requirements

Current through Register Vol. 51, page 10, July 15, 2024
Any salon or booth licensed under the provisions of SDCL
				  chapter 36-15 must meet the following minimum requirements:
(1) Provide a safe and clean place for any of
				the practices of cosmetology and equip it to provide service in a manner that
				will protect the health and safety of both employees and clients;
(2) Each item of equipment used on a client
				must be clean and disinfected at the time of use. After an item is soiled or
				used, it must be kept in a separate, closed, labeled container to prevent its
				reuse until cleaned and disinfected. Compliance with this subdivision requires
				compliance with all provisions in this chapter;
(3) Space:
(a) Salon license space: 120 square feet of
				working space for the first licensee and an additional 60 square feet of
				working space for each additional individual licensee; and
(b) Limited salon license space: 120 square
				feet. Common reception areas and common restrooms are permitted;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:04 - Salon and booth requirements › Section 20:42:04:01.01 - Salon in licensed nursing facility or assisted living center

Current through Register Vol. 51, page 10, July 15, 2024
A nursing facility or assisted living center licensed by the
				  South Dakota Department of Health does not need a salon license under the
				  following conditions:
(1) A staff
				member or volunteer of the facility washes, sets, or trims the hair of any
				resident; or
(2) A cosmetologist
				provides cosmetology services only to residents of the facility.
General Authority:
SDCL
					 36-15-13(4).
Law Implemented:
SDCL
					 36-15-54.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:04 - Salon and booth requirements › Section 20:42:04:01.02 - Salon responsible for licensees in salon

Current through Register Vol. 51, page 10, July 15, 2024
A salon must ensure that any individual providing licensed
				  services in the salon has the required booth or individual license, or
				  both.
General Authority:
SDCL
					 36-15-13(4)(6).
Law Implemented:
SDCL
					 36-15-2,
					 36-15-2.2,
					 36-15-17.2,
					 36-15-51,
					 36-15-56(7).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:04 - Salon and booth requirements › Section 20:42:04:02 - Salon in private residence

Current through Register Vol. 51, page 10, July 15, 2024
A salon may be established in a private residence, if the
				  following conditions are met:
(1) The
				salon is not to be used for any residential purposes;
(2) The salon is completely separated from
				the residential area with a permanent, solid partition, from floor to ceiling,
				between the salon and the residential area. Any door in this partition shall be
				kept closed at all times;
(3) Any
				cosmetology service offered by the salon is only available within the
				salon;
(4) The salon has a
				completely separate egress to the outside of the premises; and
(5) A clean toilet facility is available for
				clients to use in the structure. The facility shall have a liquid soap
				dispenser and disposable towels or air hand dryer.
General Authority:
SDCL
					 36-15-13(5).
Law Implemented:
SDCL
					 36-15-13(5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:04 - Salon and booth requirements › Section 20:42:04:02.01 - Sharing premises with barbers

Current through Register Vol. 51, page 10, July 15, 2024
An individual licensee may work on the same premises as a
				  barber so long as the separate, applicable salon license is posted during
				  working hours.
General Authority:
SDCL
					 36-15-13(4).
Law Implemented:
SDCL
					 36-15-13(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:04 - Salon and booth requirements › Section 20:42:04:04 - Salon and booth equipment requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each salon or booth must have the following equipment
				  available at all times:
(1) A first
				aid kit readily accessible to all persons working in the salon. The kit must
				contain small adhesive bandages, disposable latex or hypo-allergenic gloves,
				gauze, and antiseptic;
(2) A
				5-pound ABC fire extinguisher or its equivalent for each 1,500 square feet of
				space occupied by the salon. Extinguishers must be located in a readily
				accessible location and must always be in a condition for use;
(3) A sufficient number of electric outlets
				so that no cord or other electrical connection constitutes an obstacle or fire
				hazard to the clients or to persons working in the salon or booth;
(4) Clean, disinfected combs and brushes
				available for use on each client;
(5) A clean towel or linen available to be
				used on each client;
(6) Separate
				closed containers labeled for clean or soiled towels or linens;
(7) Separate closed containers labeled for
				used or contaminated implements;
(8) A station for each working licensee with
				its own clean, closed, and labeled container for storage of all clean and
				disinfected implements used in direct contact with clients;
(9) For each licensee practicing nail
				technology on a client:
(a) One nail table
				with a lamp;
(b) One manicure
				chair;
(c) One pedicure station
				with chairs for the client and licensee;
(d) One covered waste container that is
				emptied at least daily;
(e) A nail
				applicator brush; and
(f) Clean and
				disinfected buffers and files must be used on each client; and
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:42 - COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS › Chapter 20:42:04 - Salon and booth requirements › Section 20:42:04:04.01 - Electric file or drill requirements

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for an electric file or drill and the
				  attachments utilized in any nail procedure are as follows:
(1) The instrument shall be specifically
				designed for use on the human nail;
(2) The individual utilizing the instrument
				and the attachments shall provide documentary proof of compliance with
				subsection (1) of this section upon demand; and
(3) Instrument attachments shall be used
				according to the manufacturer's recommendations.
General Authority:
SDCL
					 36-15-13(4)(5).
Law Implemented:
SDCL
					 36-15-13(4)(5).