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 The license fee is refundable if the application is denied or withdrawn.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 A returned application shall be considered withdrawn.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

          20:76:01:06.  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.