CHAPTER 20:76:01
APPLICATIONS
Section
20:76:01:01 Definitions.
20:76:01:02 Application.
20:76:01:03 Notification.
20:76:01:04 Denial.
20:76:01:05 Repealed.
20:76:01:06 Required training.
20:76:01:01. Definitions. Terms defined in SDCL chapter 36-35 have the same meaning when used in this article. In addition, terms used in this article mean:
(1) "Applicant," any person seeking initial licensure or renewal of a license with the boardboard;
(2) "Completed application," an application which has all the required documentation necessary to prove an applicant's qualifications for licensure.
Source: 33 SDR 50, effective September 21, 2006; 43 SDR 181, effective July 10, 2017.
General Authority: SDCL 36-35-24(1).
Law Implemented: SDCL 36-35-24.
20:76:01:02. Application. An application for licensure, temporary permit, or renewal of a license must be made in writing on a form prescribed by the board. The applicable application fee must be submitted with the application. The application fee is non-refundable. The applicable license fee must also accompany the application. The license fee is refundable if the application is denied or withdrawn.
An application is not complete until all required documentation is received by the board. The executive secretary may return an application for initial licensure or temporary permit that remains uncomplete one year after the date of initial submission of the application. Materials received by the board from a third party may not be returned to the applicant. A returned application shall be considered withdrawn.
An applicant shall verify under the penalties of perjury that all the information submitted on an application by the applicant is true and correct. An applicant who submits an application by use of the internet agrees that submission of the application serves as the applicant's signature and verification of the information of the application. An applicant must notify the board if another state has disciplined the applicant with a reprimand, censure, suspension, temporary suspension, probation, revocation, or refusal to renew a license. The applicant may be required to clarify, expand, or provide additional information to fully evaluate all qualifications. If the applicant does not meet the requirements for licensure, a temporary permit, or renwal of a license, the executive secretary shall write a letter of explanation. The applicant may return the application and ask that it be submitted for board action.
Source: 33 SDR 50, effective September 21, 2006; 37 SDR 29, effective August 30, 2010; 43 SDR 181, effective July 10, 2017.
General Authority: SDCL 36-35-24(1).
Law Implemented: SDCL 36-35-12.
20:76:01:03. Notification. The board shall take final action upon any application no later than six months after submission of a completed application to the board. The board shall notify the applicant of its determination in writing. If the application is denied, the board shall notify the applicant of the reason for denial.
Source: 33 SDR 50, effective September 21, 2006; 37 SDR 29, effective August 30, 2010; 43 SDR 181, effective July 10, 2017.
General Authority: SDCL 36-35-24(1).
Law Implemented: SDCL 36-35-24.
20:76:01:04. Denial. An application for initial licensure, temporary permit or renewal of a license may be denied for failure to meet the applicable requirements of such license or permit or based on the grounds stated in SDCL 36-35-13. An applicant whose application has been denied is entitled to a contested case hearing pursuant to SDCL chapter 1-26.
Source: 33 SDR 50, effective September 21, 2006; 43 SDR 181, effective July 10, 2017.
General Authority: SDCL 36-35-24(1).
Law Implemented: SDCL 36-35-12, 36-35-13
20:76:01:05. Expiration.
Repealed.
Source:
33 SDR 50, effective September 21, 2006; repealed, 37 SDR 29, effective August
30, 2010.
20:76:01:06. Required training. An applicant for licensure as a massage therapist shall provide proof of required training on a form prescribed by the board and completed by the recognized facility where the training was received. Official transcripts evidencing that the applicant has completed the required training shall be provided by the recognized facility. The board may consider other evidence of training if the recognized facility has ceased operations. The required training for licensure includes:
(1) One hundred twenty-five hours of training in the body's systems and anatomy, physiology, and kinesiology;
(2) Two hundred hours of training in massage and bodywork assessment, theory, and application;
(3) Forty hours of training in pathology;
(4) Ten hours total of training in business and ethics, with a minimum of six hours in ethics; and
(5) One hundred twenty-five hours of additional training in an area or related field that theoretically completes a massage program of study.
Fifty minutes of supervised classroom instruction is equal to one hour of training.
The board may approve an application from an applicant with required training from a combination of two or more recognized facilities. Online training is acceptable to meet the training requirements for licensure. At least 200 hours of hands-on training from a recognized facility must be completed.
The board may recognize qualifying continuing education to fulfill required training for licensure.
Source: 34 SDR 332, effective July 9, 2008; 37 SDR 29, effective August 30, 2010; 43 SDR 181, effective July 10, 2017.
General Authority: SDCL 36-35-12(4), 36-35-24(2).
Law Implemented: SDCL 36-35-12.
CHAPTER 20:76:02
FEES
Section
20:76:02:01 Remittance of fees, Repealed.
20:76:02:02 License fee schedule.
20:76:02:01. Remittance of fees. Repealed.
Source: 33 SDR 50, effective September 21, 2006; 34 SDR 101, effective October 22, 2007; 43 SDR 181, effective July 10, 2017; 49 SDR 130, effective July 6, 2023.
20:76:02:02. License fee schedule. The license fee schedule is as follows:
(1) Temporary permit fee, $50;
(2) Annual license renewal fee, $65;
(3) Inactive license fee, $25;
(4) Application fee, $100.
Source: 33 SDR 50, effective September 21, 2006; 34 SDR 101, effective October 22, 2007; 38 SDR 105, effective December 8, 2011; SL 2013, ch 184, § 17, effective July 1, 2013; 45 SDR 83, effective December 18, 2018.
General Authority: SDCL 36-35-17, 36-35-18.1, 36-35-24(3).
Law Implemented: SDCL 36-35-17, 36-35-18.1, 36-35-24(3).
CHAPTER 20:76:03
CONTINUING EDUCATION REQUIREMENTS
Section
20:76:03:01 Definitions.
20:76:03:02 Repealed.
20:76:03:03 Verification.
20:76:03:04 Qualifying activities.
20:76:03:05 Record keeping.
20:76:03:06 Repealed.
20:76:03:07 Continuing education compliance.
20:76:03:08 Prior approval of qualifying activities.
20:76:03:01. Definitions. Terms used in this chapter mean:
(1) "Contact hour," a minimum of 50 minutes of presentation or participation;
(2) "Continuing education cycle," a two year period that begins on October 1 of an even-numbered year and ends on September 30 of the next even-numbered year;
(3) "Electronic means," educational activities obtained via the internet, such as self-study courses and audio/video tapes, with formal testing and passing scores recorded.
Source: 33 SDR 50, effective September 21, 2006; 37 SDR 29, effective August 30, 2010; 43 SDR 181, effective July 10, 2017.
General Authority: SDCL 36-35-24(2).
Law Implemented: SDCL 36-35-19.
20:76:03:02. Requirements. Repealed.
Source:
33 SDR 50, effective September 21, 2006; repealed, 34 SDR 101, effective
October 22, 2007.
20:76:03:03. Verification. A licensee shall complete eight hours of qualifying continuing education in each continuing education cycle. Continuing education reguired for renewal of a license shall be prorated in six month increments for a licensee granted an initial license during a continuing education cycle. Upon application for license renewal, a licensee shall verify under the penalties of perjury that all continuing education information provided with the application is true and correct. The licensee must supply sufficient detail to permit audit verification if notified by the board of an audit.
Source: 33 SDR 50, effective September 21, 2006; 34 SDR 101, effective October 22, 2007; 43 SDR 181, effective July 10, 2017.
General Authority: SDCL 36-35-24(2).
Law Implemented: SDCL 36-35-19.
20:76:03:04. Qualifying activities. Qualifying continuing eduation is any course with a clear purpose and objective which maintains, improves, or expands the skills and knowledge relevant to massage therapy of the human body. Qualifying continuing education must meet the definition of massage therapy pursuant to § 36-35-1(3) or be education presented by an approved provider of the National Certification Board for Therapeutic Massage and Bodywork, American Medical Massage Association, or Federation of State Massage Therapy Boards. College courses used to meet continuing education requirements must not replicate courses submitted by the licensee to meet the required licensing coursework. An academic semester credit equals 15 continuing education hours and a quarter credit equals 10 continuing education hours.
Cardiopulmonary resuscitation (CPR) certification from the American Heart Association, the American Red Cross or another course deemed equivalent by the board is qualifying continuing education for up to four hours in each continuing education cycle. In person attendance of a board meeting is qualifying continuing education for up to two hours in each continuing education cycle. No other qualifying continuing education may be repeated in consecutive continuing education cycles.
Source: 33 SDR 50, effective September 21, 2006; 37 SDR 29, effective August 30, 2010; 38 SDR 105, effective December 8, 2011; 43 SDR 181, effective July 10, 2017.
General Authority: SDCL 36-35-24(2).
Law Implemented: SDCL 36-35-19.
20:76:03:05. Record keeping. The licensee shall maintain records to support continuing education claimed to renew a license. These records must be maintained for five years after the date of renewal of the license. A licensee shall keep the following records:
(1) A brochure or flyer showing the type of activity, sponsoring organization, location, duration, instructor's or speaker's name, and continuing education hours earned; and
(2) Attendance verification records in the form of completion certificates or other documents supporting evidence of attendance.
Source: 33 SDR 50, effective September 21, 2006; 34 SDR 101, effective October 22, 2007; 43 SDR 181, effective July 10, 2017.
General Authority: SDCL 36-35-24(2).
Law Implemented: SDCL 36-35-19.
20:76:03:06. Audits. Repealed.
Source:
33 SDR 50, effective September 21, 2006; repealed, 34 SDR 101, effective
October 22, 2007.
20:76:03:07. Continuing education compliance. The board may take into consideration hardship or extenuating circumstances in allowing a licensee to correct deficiencies in continuing education, but the deadline may not be extended more than one year. A licensee's request for an extension to correct deficiencies in continuing education must be made to the board, in writing, before the end of the current continuing education cycle.
Source: 33 SDR 50, effective September 21, 2006; 34 SDR 101, effective October 22, 2007; 43 SDR 181, effective July 10, 2017.
General Authority: SDCL 36-35-24(2).
Law Implemented: SDCL 36-35-19.
20:76:03:08. Prior approval of qualifying activities. The board will accept continuing education that meets the definition of massage pursuant to SDCL 36-35-1(3), if presented by:
(1) An approved provider of the National Certification Board for Therapeutic Massage and Bodywork;
(2) An approved provider of the American Medical Massage Association;
(3) An approved provider of the Federation of State Massage Therapy Boards; or
(4) A facility recognized by the board pursuant to § 20:76:08:01 or § 20:76:08:02.
An organization or presenter other than those listed above may apply for preapproval of a continuing education program. Such application shall be made on a form prescribed by the board. If the proposed continuing education program meets the requirements of 20:76:03:04, the board may issue the organization or presenter an approval number which shall be included on any certificates of completion issued by the organization or presenter. An approved organization or presenter shall provide the board with a list of attendees of an approved program within 30 days of the approved program.
Source: 43 SDR 181, effective July 10, 2017.
General Authority: SDCL 36-35-24(2).
Law Implemented: SDCL 36-35-19.
CHAPTER 20:76:04
DISCIPLINARY PROCEEDINGS
Section
20:76:04:01 Complaints.
20:76:04:02 Complaint procedure.
20:76:04:03 Informal proceedings.
20:76:04:04 Formal proceedings.
20:76:04:05 Contents of a formal board complaint.
20:76:04:06 Repealed.
20:76:04:07 Disqualification.
20:76:04:08 Procedure for formal hearing.
20:76:04:09 Final action by board.
20:76:04:10 Petition for hearing by an aggrieved person.
20:76:04:01. Complaints. Any person, including a board
member or the executive secretary, claiming that a holder of a license, or an
applicant for licensure under SDCL chapter 36-35, has engaged in or is engaged in conduct constituting grounds for disciplinary action as enumerated in SDCL chapter 36-35 may file a written complaint with the board. The board may require the complaining party to file a complaint verified on oath stating the name of the applicant or licensee against whom the complaint is made and setting out full details of the conduct which is alleged to be a violation. Failure to file a written complaint, verified under oath, in the form satisfactory to the board, is a basis to dismiss the complaint. On receipt of a complaint deemed to be in proper form by the board or the executive secretary, the complaint shall be served by mail upon the applicant or licensee complained against and upon any other affected parties, together with a copy of SDCL chapters 36-35 and 1-26.
The applicant or licensee complained
against shall respond to the complaint within 20 calendar days after service of
the complaint on the applicant or licensee. The response of the applicant or
licensee shall be sent to the executive secretary of the board at the board's
office. Upon receipt of the response of the applicant or licensee, or upon
expiration of the time for the applicant or licensee complained against to
respond, the president of the board, considering only the complaint and any
response, shall appoint one member of the board who, along with the executive
secretary and such other individuals as may be appointed by the president of
the board, to act as an investigative committee to determine if the complaint
has merit and constitutes grounds for disciplinary action, or is frivolous and
should be dismissed. Licensees must notify the board within 30 days if another
state has disciplined them with a reprimand, censure, suspension, temporary
suspension, probation, revocation, or refusal to renew a license.
Source:
33 SDR 50, effective September 21, 2006.
General
Authority: SDCL 36-35-24(4).
Law
Implemented: SDCL 36-35-22.
20:76:04:02. Complaint procedure. Upon completion of the
investigation, the investigating committee shall recommend to the board whether
the charges should be dismissed for lack of merit or whether based upon the
investigation of the committee there is sufficient basis to proceed with either
a formal or an informal hearing or other disposition. The failure of a licensee
to comply with the investigation request administered by the board may result
in disciplinary action. The board may also petition the court of the county in
which the individual licensee resides, and the court may enter an order
compelling the compliance or imposing such terms and conditions as the court
may deem necessary.
Source:
33 SDR 50, effective September 21, 2006.
General
Authority: SDCL 36-35-24(4).
Law
Implemented: SDCL 36-35-22.
20:76:04:03. Informal proceedings. If the board considers
an alleged violation to have merit constituting grounds for disciplinary
action, the board, at its sole discretion, with the consent of the licensee,
may proceed with informal proceedings and stay formal proceedings pending the
outcome of the informal proceedings. The board may conduct informal proceedings
with the affected parties to resolve the matter without a formal hearing.
Informal proceedings do not preclude
the board from reinstating formal proceedings. An applicant or licensee, prior
to accepting a final disposition through an informal proceeding,
can reject or decline informal proceedings and elect to proceed with a formal
hearing. An applicant or licensee consenting to an informal proceeding waives
all rights to disqualify a board member from participating in a subsequent
formal hearing by reason of the board member's participation in the informal
proceeding consented to by the applicant or licensee.
The board may accept an assurance of
voluntary compliance or a consent order regarding a violation of SDCL chapter 36-35. The assurance or consent order shall be in writing and is subject to the approval of the board. The assurance or consent order may include a statement that the applicant or licensee will not engage in such act or practice in the future and one of the following:
(1) Stipulation for voluntary payment
of any fine or cost, or both, of the investigation; and
(2) Stipulation for the
voluntary payment necessary to restore to any person money or property which
may have been acquired by the alleged violator.
The assurance of voluntary compliance
may not be considered an admission to a violation for any purpose. The consent
of the licensee to a consent order in informal proceedings constitutes an
admission of a violation for any purpose. Proof of the failure to comply with
an assurance of voluntary compliance or a consent order entitles the board to
institute or reinstitute formal proceedings.
The board shall notify in writing any
complaining party, the applicant or licensee complained against, and any other
affected parties of the results of the informal proceedings and the action
taken, if any. The final disposition of an informal proceeding is a public
record.
Source:
33 SDR 50, effective September 21, 2006.
General
Authority: SDCL 36-35-24(4).
Law
Implemented: SDCL 36-35-22.
20:76:04:04. Formal proceedings. If an alleged violation
has merit constituting grounds for disciplinary action, the board may commence
formal proceedings. Formal proceedings shall be instituted by a formal board
complaint and service of a notice of hearing by mail upon the applicant or
licensee complained against.
Source:
33 SDR 50, effective September 21, 2006.
General
Authority: SDCL 36-35-24(4).
Law
Implemented: SDCL 36-35-22.
20:76:04:05. Contents of a formal board complaint. The
formal board complaint shall include the name of the applicant or licensee
complained against, and a statement setting forth the nature of the violations
being charged that constitute grounds for disciplinary action.
Source:
33 SDR 50, effective September 21, 2006.
General
Authority: SDCL 36-35-24(4).
Law
Implemented: SDCL 36-35-22.
20:76:04:06. Answer
to formal board complaint. Repealed.
Source:
33 SDR 50, effective September 21, 2006; repealed, 38 SDR 177, effective April
26, 2012.
20:76:04:07. Disqualification. If an alleged violation
against a licensee is filed by a board member, or if a board member
participates in the investigation of a violation by the licensee, that board
member is disqualified from sitting at the hearing as a board member and from
participating in the decision rendered by the board.
Source:
33 SDR 50, effective September 21, 2006.
General
Authority: SDCL 36-35-24(4).
Law
Implemented: SDCL 36-35-22.
20:76:04:08. Procedure for formal hearing. The following
procedure shall be used by the board in conducting formal hearings:
(1) The board shall provide
written notice to the applicant or licensee by mail stating the time, place,
and date of the formal hearing. The notice shall require the attendance of the
applicant or licensee at the hearing. The notice shall be given at least ten
days prior to the formal hearing;
(2) A transcript shall be
kept of all formal hearings and proceedings;
(3) The board president may
conduct the formal proceeding or the board may have a hearing examiner conduct
the proceedings in part or in full;
(4) The applicant or
licensee appearing before the board at a formal hearing shall appear in person,
unless otherwise waived by the board. The applicant or licensee, and legal
counsel, may be present during the giving of all evidence, may have reasonable
opportunity to inspect all documentary evidence, may examine and cross-examine
witnesses, may prevent evidence in support of the party's interest, and may
have subpoenas issued to compel attendance of witnesses and production of
evidence on the party's behalf.
Source:
33 SDR 50, effective September 21, 2006.
General
Authority: SDCL 36-35-24(4).
Law
Implemented: SDCL 36-35-22.
20:76:04:09. Final action by board. After a formal
hearing, the board may decide to dismiss the formal complaint, revoke the
registration license of the licensee, suspend the registration license of the
licensee, place the licensee on probation, or issue a letter of reprimand to be
placed in the file of the applicant or licensee. The board's decision shall be
made and entered with notice of the decision given in accordance with the
provisions of SDCL 1-26-23 to 1-26-25, inclusive.
Source:
33 SDR 50, effective September 21, 2006.
General
Authority: SDCL 36-35-24(4).
Law
Implemented: SDCL 36-35-22.
20:76:04:10. Petition for hearing by an aggrieved person.
In a contested case, as it is defined in SDCL 1-26-1(2), including disciplinary proceedings, a person aggrieved by an action of the board taken without a hearing may, within 30 days following the date of the board action, petition the board for a hearing. The hearing shall be held not later than 60 days following receipt of the petition. Twenty (20) days before the date set by the board for hearing, the board shall serve by mail upon the petitioner and other interested or affected parties a copy of the notice of hearing and a copy of the aggrieved person's petition.
Source:
33 SDR 50, effective September 21, 2006.
General
Authority: SDCL 36-35-24(4).
Law
Implemented: SDCL 36-35-22.
CHAPTER 20:76:05
MALPRACTICE OR PROFESSIONAL LIABILITY INSURANCE
Section
20:76:05:01 Minimum limits.
20:76:05:02 Recordkeeping.
20:76:05:01. Minimum limits. A licensee shall carry malpractice or professional liability insurance, with a company with a certificate of authority from the South Dakota Division of Insurance, with limits of no less than $250,000 per occurrence. A licensee shall notify the board of any change of carrier occurring after a license or renewal is granted.
An applicant shall submit the declarations page issued by the applicant's malpractice insurance carrier with any application for licensure, temporary permit or license renewal.
Source: 33 SDR 50, effective September 21, 2006; 43 SDR 181, effective July 10, 2017.
General Authority: SDCL 36-35-21.
Law Implemented: SDCL 36-35-12, 36-35-21.
20:76:05:02. Recordkeeping. A licensee shall maintain records to verify compliance with malpractice insurance requirements. These records must prove the minimum coverage was in effect during the period the licensee held a license. These records must be maintained for at least five years after the date of the issuance of an initial license or renewal of a license.
Source: 43 SDR 181, effective July 10, 2017.
General Authority: SDCL 36-35-21.
Law Implemented: SDCL 36-35-12(4), 36-35-21.
20:76:06:01. Inactive license. An active license may be placed on inactive status upon submission of an application and payment of the required fee. An inactive license has no expiration date and can be activated by paying the current license fee and providing proof of at least eight hours of compliant continuing education in the two-year period immediately preceding the activation request.
Source: 34 SDR 101, effective October 22, 2007; 37 SDR 29, effective August 30, 2010; 38 SDR 105, effective December 8, 2011; 43 SDR 181, effective July 10, 2017.
General Authority: SDCL 36-35-18.1, 36-35-24(3).
Law Implemented: SDCL 36-35-18.1, 36-35-24(3).
20:76:07:01. Examination.
An applicant for licensure shall provide official evidence of passing an
examination provided by one of the following organizations:
(1) National Certification
Board for Therapeutic Massage and Bodywork;
(2) American Medical
Massage Association; or
(3) Federation of State
Massage Therapy Boards.
Source:
37 SDR 29, effective August 30, 2010.
General
Authority: SDCL 36-35-12(7).
Law
Implemented: SDCL 36-35-12(7).
CHAPTER 20:76:08
LICENSING
Section
20:76:08:01 Recognized facilities.
20:76:08:02 Facilities that may be recognized by the board.
20:76:08:03 Repealed.
20:76:08:01. Recognized facilities. The board may license an applicant who has completed the training required by § 20:76:01:06 from the following South Dakota facilities:
(1) Black Hills Health & Education Center;
(2) Headlines Academy;
(3) National American University;
(4) Pam's Massage School;
(5) South Dakota School of Massage Therapy;
(6) Sioux Falls Therapeutic Massage & Education Center; and
(7) Springs Bath House School of Massage Therapy.
Source: 38 SDR 177, effective April 26, 2012; SL 2013, ch 184, § 18, effective July 1, 2013; 43 SDR 181, effective July 10, 2017.
General Authority: SDCL 36-35-12, 36-35-24(2).
Law Implemented: SDCL 36-35-12(3), 36-35-24(2).
20:76:08:02. Facilities that may be recognized by the board. The board may accept an applicant's training required by § 20:76:01:06 from a facility not recognized pursuant to § 20:76:08:01 if the facility provides official evidence it meets at least one of the following criteria:
(1) The facility is licensed or approved by the state board of massage therapy where that training facility is located; or
(2) The facility is accredited by an accrediting body recognized by the United States Department of Education.
The training that allows an applicant to take a national examination does not require the board to recognize the facility.
Source: 38 SDR 177, effective April 26, 2012; 43 SDR 181, effective July 10, 2017.
General Authority: SDCL 36-35-12, 36-35-24.
Law Implemented: SDCL 36-35-12(3), 36-35-24(2).
20:76:08:03. Foreign-trained applicants. Repealed.
Source: 38 SDR 177, effective April 26, 2012; 43 SDR 181, effective July 10, 2017.
