Administrative Rule 20:38:35 | South Dakota Legislature

20:38:35:01. Continuing professional development required for license renewal. Unless exempted as provided in § 20:38:35:08, a licensee must obtain a minimum of thirty PDH during the biennium preceding license renewal. PDH credit must be obtained in a qualifying professional development activity or course with clear purposes and objectives that maintain, improve, or expand the licensee's skills and knowledge relevant to the licensee's field of practice.

Of the required thirty PDH, a minimum of twenty PDH must be in technical subjects that lead to further professional development in the licensee's field of practice. Technical subjects include:

(1) Accessibility;

(2) Acoustical, electrical, mechanical, and plumbing systems;

(3) Building codes;

(4) Construction methods;

(5) Construction observation;

(6) Design;

(7) Environmental analysis;

(8) Land survey;

(9) Lateral forces;

(10) Programming and planning;

(11) Selection of building materials;

(12) Site and soils analyses and design; and

(13) Structural systems.

Of the required thirty PDH, a maximum of ten PDH may be in professional management subjects, including total quality management, professional business practice, and ethics.

A licensee submitting a renewal application must include a copy of the PDH log required by subdivision 20:38:35:07(1). The licensee shall certify, under penalty of perjury, that all information submitted by the licensee in the application is true and correct.

If notified by the board of an audit, a licensee must supply sufficient additional information within thirty calendar days to permit verification that the continuing professional development requirement has been met.

Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:23:03, 38 SDR 121, effective January 16, 2012; 47 SDR 73, effective December 21, 2020; 51 SDR 56, effective November 20, 2024.

General Authority: SDCL 36-18A-22(4), 36-18A-39.

Law Implemented: SDCL 36-18A-39(2), 36-18A-40.

20:38:35:02. Alternative continuing professional development option for architects. Repealed.

Source: 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

Rule 20:38:35:03 PDH sources.

20:38:35:03. PDH sources. PDH sources are as follows:

(1) College courses, completed with passing grades;

(2) Continuing education courses, completed with passing grades;

(3) Correspondence, televised, videotaped, audiotaped, Internet, and other short courses or tutorials if such activities include testing completed with verifiable passing scores;

(4) Qualifying professional or technical seminars, in-house courses, or workshops;

(5) Presenting, teaching, or instructing in the qualifying activities listed in subdivision (1) to (4), inclusive, of this section;

(6) Writing of published papers, articles, or books;

(7) Active participation in professional or technical societies;

(8) Patents; and

(9) Self-study activities, including Internet courses, books, or articles, or video/audio tapes, if such activities include testing or examination with formal, recorded passing scores.

Teaching credit is valid for teaching a course or seminar for the first time only. Teaching credit does not apply to part-time or full-time faculty.

Source: 26 SDR 9, effective July 29, 1999; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:23:04, 38 SDR 121, effective January 16, 2012.

General Authority: SDCL 36-18A-22(4).

Law Implemented: SDCL 36-18A-39.

Rule 20:38:35:04 Multiple licenses.

20:38:35:04. Multiple licenses. A person licensed in more than one profession regulated by the board must obtain a combined total of 30 PDH biennially, at least one-third of which must be obtained in each profession.

Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:23:11, 38 SDR 121, effective January 16, 2012.

General Authority: SDCL 36-18A-22(4).

Law Implemented: SDCL 36-18A-39.

Rule 20:38:35:05 Reactivation.

20:38:35:05. Reactivation. A former licensee seeking reactivation of an expired license within three years of expiration must obtain a minimum of all delinquent PDH for the inactive years up to a maximum of 30 PDH. A former multiple licensee must obtain a minimum of 30 PDH, at least ten of which must be obtained in each profession. For reinstatement purposes, the expiration date of licensure for additional professions shall be the same expiration date as that for the first profession. A person maintaining inactive status and seeking reactivation must earn 15 PDH for each year exempted before returning to active practice, up to a maximum of 30 PDH.

Source: 26 SDR 9, effective July 29, 1999; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:23:08, 38 SDR 121, effective January 16, 2012.

General Authority: SDCL 36-18A-22(4).

Law Implemented: SDCL 36-18A-42.

Rule 20:38:35:06 PDH credit.

20:38:35:06. PDH credit. The board is the final authority for approval of PDH credit. The board may not pre-approve courses or providers for PDH credit. PDH credit is determined as follows:

(1) One college semester hour, 45 PDH;

(2) One college quarter hour, 30 PDH;

(3) One continuing education unit (CEU), 10 PDH;

(4) Program time of professional development course work or seminars as follows:

Program Time	PDH Credit
0 to 29 minutes	no credit
30 to 49 minutes	0.5 PDH
50 to 79 minutes	1.0 PDH
80 to 109 minutes	1.5 PDH
Greater than 109 minutes	Actual time rounded to the nearest half hour;

(5) One hour of presenting, teaching, or instructing, 2 PDH;

(6) Each published paper, article, or book, 10 PDH;

(7) Active participation in each professional organization or technical society, 2 PDH per organization per biennial renewal period, maximum 6 PDH per biennial renewal period; and

(8) Each patent, 10 PDH.

Source: 26 SDR 9, effective July 29, 1999; 30 SDR 204, effective June 24, 2004; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:23:05, 38 SDR 121, effective January 16, 2012.

General Authority: SDCL 36-18A-22(4).

Law Implemented: SDCL 36-18A-22(4), 36-18A-39.

Rule 20:38:35:07 Record keeping.

20:38:35:07. Record keeping. A licensee shall maintain records to support PDH credits claimed. Records sufficient for audit purposes must be maintained for a minimum of three years after the date of renewal. A licensee shall keep the following:

(1) A log showing the date of the activity, type of activity claimed, sponsoring organization, location, duration, instructor's or speaker's name, and PDH credits claimed; and

(2) Attendance verification records in the form of completion certificates or other documents supporting evidence of attendance.

Records as maintained by the following professional record repositories may be provided in lieu of the above documents: the American Institute of Architects, the Professional Development Registry for Engineers and Surveyors, (CLARB), or NCEES.

Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:23:07, 38 SDR 121, effective January 16, 2012; 47 SDR 73, effective December 21, 2020.

General Authority: SDCL 36-18A-22(4).

Law Implemented: SDCL 36-18A-22(4), 36-18A-39.

Rule 20:38:35:08 Exemptions.

20:38:35:08. Exemptions. A licensee may be temporarily exempted from the continuing professional development requirements as follows:

(1) A licensee serving on temporary active duty in the armed forces of the United States for more than 120 consecutive days in the biennium prior to renewal is exempt from the continuing professional development requirement for that biennium. Supporting documentation must be furnished to the board;

(2) A licensee experiencing physical disability, illness, or other extenuating circumstances in the last six months of the biennium prior to renewal may be exempt from the professional development requirement for that biennium. Supporting documentation must be furnished to the board;

(3) A licensee maintaining inactive or retired status, subject to the provisions of this chapter.

Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:23:09, 38 SDR 121, effective January 16, 2012.

General Authority: SDCL 36-18A-22(4).

Law Implemented: SDCL 36-18A-39, 36-18A-40.

20:38:35:09. Audits. The executive director shall select a random sample of license renewals to audit for compliance. Each licensee selected for audit shall submit copies of the PDH records required to be kept by § 20:38:35:07 for the audit period. The board may also audit based on complaints or charges against a licensee. Audit submissions must be organized in the same manner as the PDH log. Failure to submit the required documentation within thirty calendar days of an audit notification or other request for information may result in disciplinary action. Falsification of documentation is grounds for disciplinary action.

Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:23:12, 38 SDR 121, effective January 16, 2012; 47 SDR 73, effective December 21, 2020; 51 SDR 56, effective November 20, 2024.

General Authority: SDCL 36-18A-22(4).

Law Implemented: SDCL 36-18A-39.

20:38:35:10. Compliance. If an audit indicates a failure to comply with the professional development requirements, the licensee has thirty calendar days, after receipt of written notice of the failure, to show compliance.

If the licensee is unable to show compliance, the licensee must acquire sufficient PDH credits to meet the requirements within thirty calendar days of the receipt of the written notice and may be subject to disciplinary action.

The board may take into consideration hardship or extenuating circumstances in allowing correction of deficiencies. The deadline to acquire sufficient PDH credits may not be extended more than one year.

Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:23:13, 38 SDR 121, effective January 16, 2012; 47 SDR 73, effective December 21, 2020; 51 SDR 56, effective November 20, 2024.

General Authority: SDCL 36-18A-22(4).

Law Implemented: SDCL 36-18A-39.

Rule 20:38:35:11 Carryover PDH.

20:38:35:11. Carryover PDH. If a licensee obtains more than 30 PDH in a biennium, up to 15 PDH may be carried over to the following biennium. Any PDH carried over may only be carried over from the previous biennium.

Source: 47 SDR 73, effective December 21, 2020.

General Authority: SDCL 36-18A-22(4).

Law Implemented: SDCL 36-18A-39, 36-18A-40.

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