Administrative Rule 20:42:06 | South Dakota Legislature

20:42:06:01. Required basic equipment and educational supplies for all schools. Each school must have the following minimum equipment and educational supplies on hand and in good working condition at all times:

(1) One current South Dakota Cosmetology Commission law and rule book for each enrolled student;

(2) One textbook, as applicable, for each enrolled student;

(3) One closed storage area for required equipment for each enrolled student;

(4) One time clock or time-keeping software for student hours;

(5) One or more covered labeled containers for all clean and disinfected tools and implements;

(6) One or more covered labeled containers for all soiled tools and implements;

(7) One large wet disinfectant container for use by all students or separate wet disinfectant containers for each student to disinfect implements;

(8) A covered labeled container for soiled towels and linens; and

(9) A covered labeled waste receptacle for every five students.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 23 SDR 25, effective August 26, 1996; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013; 46 SDR 46, effective October 3, 2019.

General Authority: SDCL 36-15-13(4)(10).

Law Implemented: SDCL 36-15-13(4)(10), 36-15-46.

Rule 20:42:06:01.01 Required minimum equipment and educational supplies for a cosmetology course.

20:42:06:01.01. Required minimum equipment and educational supplies for a cosmetology course. In addition to the equipment required in § 20:42:06:01, each school that offers a cosmetology course must have the following:

(1) A work station for each student working on clients that includes:

(a) A mirror;

(b) A table top or counter;

(d) A clean, covered, and labeled container to store clean tools and implements; and

(e) A clean, covered, and labeled container to store used or soiled tools and implements;

(2) A cosmetology student kit that includes:

(a) A simulated human head with real or synthetic hair;

(b) One marcel iron; and

(3) General equipment that includes:

(a) Chemical wave rods;

(b) One properly functioning shampoo bowl per five working students;

(d) Required equipment in § 20:42:06:01.02 for esthetics instruction;

(e) Required equipment in § 20:42:06:01.03 for nail technology instruction; and

(f) Combs and brushes so that clean, disinfected combs and brushes are used on each client.

Source: 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013; 46 SDR 46, effective October 3, 2019.

General Authority: SDCL 36-15-13(4)(10).

Law Implemented: SDCL 36-15-13(4)(10), 36-15-46.

Rule 20:42:06:01.02 Required minimum equipment and educational supplies for an esthetics course.

20:42:06:01.02. Required minimum equipment and educational supplies for an esthetics course. In addition to the basic school equipment required in § 20:42:06:01, each school that offers an esthetics course must have the following:

(1) Each work station where esthetics services are performed must include:

(a) A client chair or massage table;

(b) A table top or counter; and

(d) A clean, covered, and labeled container to store soiled or used tools and implements; and

(e) A clean, covered, labeled container to store clean tools and implements;

(2) At least one steamer;

(3) At least one magnifying lamp or dermascope;

(4) Simulated human head forms;

(5) For hair removal instruction: a wax pot and supplies for waxing and chemical and physical depilatories; and

(6) At least one working microdermabrasion machine that meets the requirements of § 20:42:04:04.02 for each school offering microdermabrasion instruction.

Source: 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013; 46 SDR 46, effective October 3, 2019.

General Authority: SDCL 36-15-13(4)(10).

Law Implemented: SDCL 36-15-13(4)(10), 36-15-46.

Rule 20:42:06:01.03 Required minimum equipment and educational supplies for a nail technology course.

20:42:06:01.03. Required minimum equipment and educational supplies for a nail technology course. In addition to the equipment required in § 20:42:06:01, each school that offers a nail technology course must have the following minimum equipment:

(1) A work station for each student working on clients that includes:

(a) A nail technology table;

(b) A client chair;

(d) An adjustable light for the table; and

(e) A clean, covered, and labeled container to store disinfected tools and implements; and

(f) A clean, covered, and labeled container to store used or soiled tools and implements;

(2) Simulated human hands;

(3) Pedicure foot-spas that includes a foot bath large enough to completely immerse both feet of the client; and

(4) At least one electric file or drill with appropriate attachments. The file or drill must meet the requirements of § 20:42:04:04.01.

Source: 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 32 SDR 32, effective August 29, 2005; 39 SDR 129, effective January 28, 2013; 46 SDR 46, effective October 3, 2019.

General Authority: SDCL 36-15-13(4)(10).

Law Implemented: SDCL 36-15-13(4)(10), 36-15-46.

Rule 20:42:06:01.04 Branch school exception.

20:42:06:01.04. Branch school exception. If a school is teaching theory classes only, the branch school is exempt from the requirements of §§ 20:42:06:01.01 to 20:42:06:01.03, inclusive.

Source: 39 SDR 129, effective January 28, 2013.

General Authority: SDCL 36-15-13(4)(10).

Law Implemented: SDCL 36-15-13(4)(10), 36-15-46.

Rule 20:42:06:02 Classrooms.

20:42:06:02. Classrooms. In each school, classrooms for the teaching of theory and for classroom demonstrations must be separate from areas used by the general public. Each classroom must contain:

(1) An instruction board or chalkboard;

(2) Tables or desks and chairs to meet the instructional needs of scheduled students; and

(3) Lesson plans relating to the subjects taught.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 29 SDR 176, effective July 1, 2003; 46 SDR 46, effective October 3, 2019.

General Authority: SDCL 36-15-13(4)(10)

Law Implemented: SDCL 36-15-46.

Rule 20:42:06:03 Repealed.

20:42:06:03. Projection equipment.Repealed.

Source: SL 1975, ch 16, § 1; repealed, 6 SDR 10, effective August 12, 1979.

Rule 20:42:06:04 Repealed.

20:42:06:04. Library.Repealed.

Source: SL 1975, ch 16, § 1; repealed, 6 SDR 10, effective August 12, 1979.

Rule 20:42:06:05 Approved textbooks for basic course of study.

20:42:06:05. Approved textbooks for basic course of study. Textbooks to be used to teach students must be listed in the school application and renewal application each year for approval by the commission.

Other materials and books may be used to supplement the textbooks.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 24 SDR 2, effective July 23, 1997; 26 SDR 18, effective August 15, 1999; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 3, 2017; 46 SDR 46, effective October 3, 2019.

General Authority: SDCL 36-15-13(10).

Law Implemented: SDCL 36-15-46.

Rule 20:42:06:06 Requirements for classroom education.

20:42:06:06. Requirements for classroom education. School classroom education requirements are as follows:

(1) A school may not require a student to work, be instructed, or earn credit for more than eight hours in a day at the school. However, a school may offer students the option to earn credit for more than eight hours in a day;

(2) Cosmetology students must spend 225 hours in classrooms, demonstrations, and practice before performing service on any client of the school;

(3) Esthetic students must spend 110 hours in classrooms, demonstrations, and practice before performing service on any client of the school;

(4) Nail technology students must spend 60 hours in classrooms, demonstrations, and practice before performing service on any client of the school;

(5) A school may not deduct earned clock hours; and

(6) A student may not be required to do, or allowed to earn credit for, cleaning unrelated to normal salon duties or maintenance such as washing walls, washing windows, or shoveling snow.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003; 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013; 45 SDR 31, effective September 10, 2018.

General Authority: SDCL 36-15-13(10).

Law Implemented: SDCL 36-15-46.

Rule 20:42:06:07 Student services to be checked.

20:42:06:07. Student services to be checked. All clients receiving services from a student must be checked by a licensed instructor before, during, and after the performance of the services.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003.

General Authority: SDCL 36-15-13(10).

Law Implemented: SDCL 36-15-46.

Rule 20:42:06:08 Identification of instructors.

20:42:06:08. Identification of instructors. All instructors providing instruction of students in a school must be readily identifiable at all times while instructing.

General Authority: SDCL 36-15-13(4)(10).

Law Implemented: SDCL 36-15-46.

Rule 20:42:06:08.01 Demonstrators in a classroom.

20:42:06:08.01. Demonstrators in a classroom. Schools may use a person qualified and trained in a particular profession for special instruction of students in the field of that person's specialty. A demonstrator shall be readily identifiable as a demonstrator at all times of the demonstration. A licensed instructor from the school shall be present during any demonstration.

Source: 29 SDR 176, effective July 1, 2003.

General Authority: SDCL 36-15-13(4)(10).

Law Implemented: SDCL 36-15-46.

Rule 20:42:06:09 Required minimum curriculum for cosmetology course.

20:42:06:09. Required minimum curriculum for cosmetology course. Each licensed cosmetology school offering a complete cosmetology program, totaling a minimum of 1500 hours, shall meet the following minimum curriculum requirements:

(1) General infection control and professional standards, including infection control in a licensed facility; infection control standards and guidelines; infection control for implements and equipment; first aid; blood exposure standards; professional development; effective communication; human relations; business management/ownership; and state law: 150 hours;

(2) The science of cosmetology, hair, skin and nails, including health safety and infection control; general anatomy and physiology; skin diseases, disorders and structure; properties of the hair and scalp; nail structure, growth, diseases and disorders; basics of chemistry; product chemistry; understanding the basics of electricity; and basic nutrition: 200 hours;

(3) General cosmetology, including principles of hair design, scalp care, shampooing and conditioning; haircutting; hairstyling; braiding and extensions; and wigs and hair additions: 300 hours;

(4) Chemical hair services, including chemical texture services; and hair coloring: 280 hours

(5) Esthetics and skin sciences, including physiology and histology of the skin; skin analysis; skin care products: chemistry, ingredients and selection; the treatment room; basic facial; facial massage, hair removal; advance topics and treatments; and makeup: 200 hours;

(6) Nail technology, including pre and post service procedures; performing basic manicures and pedicures; hand, lower arm, foot and lower leg massage; wraps, tips and paraffin wax treatments; polishing, light-cured gel polish and design; electric nail filing (8 hours); monomer liquid and polymer powder nail enhancement; light-cured gel enhancements; and creative design: 120 hours.

A minimum of 250 hours of the curriculum set forth in this section shall be in theory classes. In addition to the hours set forth in this section, each student must receive an additional 250 hours of education. The additional hours may be in areas that the school feels are necessary to supplement the basic course requirements for an individual student.

Any school curriculum in excess of 1500 hours shall satisfy the hours set forth in this section prior to providing education in other areas.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 23 SDR 25, effective August 26, 1996; 24 SDR 2, effective July 23, 1997; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 32 SDR 32, effective August 29, 2005; 39 SDR 129, effective January 28, 2013; 45 SDR 31, effective September 10, 2018.

General Authority: SDCL 36-15-13(10).

Law Implemented: SDCL 36-15-46.

Rule 20:42:06:09.01 Required minimum curriculum for nail course.

20:42:06:09.01. Required minimum curriculum for nail course. Each licensed cosmetology or nail technology school offering a complete nail technology program, totaling a minimum of 400 hours, shall meet the following minimum curriculum requirements:

(1) Infection control and safety procedures regarding cleaning, disinfection, hygiene, infections, hazards, disorders, and diseases, including cosmetology laws and rules: 60 hours;

(2) Scientific concepts to include chemistry, bacteriology, anatomy, and physiology: 60 hours;

(3) Manicure, pedicure, and hand, lower arm, feet, and lower leg massage manipulations: 90 hours;

(4) Artificial nails to include electric files and attachments, sculptured nails, nail tips, nail wraps, and gel nails: 130 hours, eight of which must be education in electric files and attachments; and

(5) Business practices regarding salon management, booth management, communications, salesmanship, and ethics, including cosmetology laws and rules: 60 hours.

A minimum of 50 hours of the curriculum set forth in this section shall be in theory classes.

Source: 24 SDR 2, effective July 23, 1997; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 32 SDR 32, effective August 29, 2005; 39 SDR 129, effective January 28, 2013.

General Authority: SDCL 36-15-13(10).

Law Implemented: SDCL 36-15-46.

20:42:06:09.02. Required minimum curriculum for esthetics course. Each licensed cosmetology or esthetic school offering a complete esthetician program, totaling a minimum of 600 hours, shall meet the following minimum curriculum requirements:

(1) Infection control and safety procedures regarding cleaning, disinfection, hygiene, infections, hazards, disorders, and diseases, including cosmetology laws and rules: 90 hours;

(2) Scientific concepts and products to include skin histology, skin dermatology (analysis), nutrition, chemistry, bacteriology, anatomy, physiology, and aromatherapy: 90 hours;

(3) Skin treatments to include consultations, analysis, chemical facial treatments, electrical and mechanical facial treatments, and body treatments: 240 hours;

(4) Massage manipulations to include facial and body: 30 hours;

(5) Make-up and eyelash applications: 30 hours;

(6) Hair removal and eyebrow shaping to include chemical and physical: 30 hours; and

(7) Business practices regarding salon management, booth management, salesmanship, and ethics, including cosmetology laws and rules: 60 hours.

A minimum of 90 hours of the curriculum set forth in this section shall be in theory classes. In addition to the hours set forth in this section, each student must receive an additional 30 hours of education. The additional hours shall be in areas that the school feels are necessary to supplement the basic course requirements for an individual student.

Source: 29 SDR 176, effective July 1, 2003; 32 SDR 32, effective August 29, 2005; 39 SDR 129, effective January 28, 2013.

General Authority: SDCL 36-15-13(10)(17).

Law Implemented: SDCL 36-15-29, 36-15-46.

Rule 20:42:06:09.03 Branch school curriculum requirement for a partial program.

20:42:06:09.03. Branch school curriculum requirement for a partial program. Each licensed branch school offering a partial cosmetology, nail technology, or esthetician program shall meet the following minimum curriculum requirements:

(1) At least one hour of theory curriculum for every seven hours of clinical curriculum at the branch school site; and

(2) For each program: at least 25 percent of the required hours in each curriculum area under §§ 20:42:06:09 to 20:42:06:09.02, inclusive, as applicable.

A branch school may be approved to teach theory courses only.

Source: 39 SDR 129, effective January 28, 2013.

General Authority: SDCL 36-15-13(10.

Law Implemented: SDCL 36-15-46.

Rule 20:42:06:10 Minimum number of instructors.

20:42:06:10. Minimum number of instructors. All students must be under direct supervision of an instructor while earning clock hours. Each instructor may supervise a maximum of 15 students at any one time, except an instructor may teach any number of students in the theory classroom.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013; 45 SDR 31, effective September 10, 2018; 46 SDR 46, effective October 3, 2019.

General Authority: SDCL 36-15-13(4).

Law Implemented: SDCL 36-15-13(4).

Rule 20:42:06:11 Restrictions on instructor's services.

20:42:06:11. Restrictions on instructor's services. A person in the capacity of an instructor in a school may not receive any form of compensation other than the compensation as an instructor for performing cosmetology, esthetics, or nail services for the purpose of class demonstrations. Demonstrations in a school may not be conducted in areas other than a classroom.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003.

General Authority: SDCL 36-15-13(4).

Law Implemented: SDCL 36-15-13(4).

Rule 20:42:06:12 Required records and reports.

20:42:06:12. Required records and reports. Schools shall submit the following records and reports to the commission office:

(1) The total clock or credit hours of education for each student. The clock hour report must be submitted no later than the 10th day of each month following the education and the credit hour report must be submitted no later than ten days after the end of the quarter or semester; and

(2) Notification of any student who leaves school before completing the education, submitted not later than 30 days from the date of termination.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 176, effective July 1, 2003; 32 SDR 32, effective August 29, 2005; 33 SDR 226, effective July 1, 2007; 45 SDR 31, effective September 10, 2018.

General Authority: SDCL 36-15-13(3).

Law Implemented: SDCL 36-15-13(3).

Rule 20:42:06:13 Repealed.

20:42:06:13. Student's workbooks. Repealed.

Rule 20:42:06:14 School records.

20:42:06:14. School records. For clock hour programs the schools shall keep a daily record of each student, showing actual number of hours of attendance and time devoted to each subject. For credit hour programs the schools shall keep a record showing daily attendance, the number of credits earned in each subject, the total number of credits earned, and the dates the credits were complete. The records shall be kept on file in the school for up to one year after the student leaves the school.

General Authority: SDCL 36-15-13(3).

Law Implemented: SDCL 36-15-13(3).

Rule 20:42:06:15 Repealed.

20:42:06:15. Failure of school to comply -- Students lose credits.Repealed.

Source: SL 1975, ch 16, § 1; repealed, 6 SDR 10, effective August 12, 1979.

Rule 20:42:06:16 Transfer of student from out-of-state.

20:42:06:16. Transfer of student from out-of-state. A student transferring to a school in this state from a school outside this state may transfer credits or hours earned in the foreign state to any school in this state. The transferred hours shall be credited toward the 1,500 hours for cosmetology, 600 hours for esthetics, or 400 hours for nail technology, as applicable, required to be completed in this state if the course of study in the foreign school is substantially equivalent to the course of study in this state. The school shall evaluate and determine the subjects, hours, and practice services of the transfer student's prior course of education which conforms to the curriculum requirements in chapter 20:42:06 and shall give the students credit for those subjects, hours, and practice services.

General Authority: SDCL 36-15-13(9), 36-15-34.

Law Implemented: SDCL 36-15-34.

Rule 20:42:06:17 Field trips.

20:42:06:17. Field trips. A student may receive a maximum of 32 hours credit for cosmetology educational field trips, 16 hours credit for esthetic educational field trips, or 4 hours credit for nail technology educational field trips if the trip has been approved by the commission. For approval the school must complete a field trip form and attach a lesson plan. The students shall be accompanied by an instructor. One licensed instructor shall accompany no more than 15 students.

Source: 29 SDR 176, effective July 1, 2003; 32 SDR 32, effective August 29, 2005; 33 SDR 226, effective July 1, 2007; 40 SDR 39, effective September 9, 2013; 45 SDR 31, effective September 10, 2018.

General Authority: SDCL 36-15-13(10).

Law Implemented: SDCL 36-15-29.1.

Rule 20:42:06:18 Repealed.

20:42:06:18. General safety requirements for all schools. Repealed.

Source: 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013; 46 SDR 46, effective October 3, 2019.

Rule 20:42:06:19 School minimum requirements for premises and facilities.

20:42:06:19. School minimum requirements for premises and facilities. All licensed schools must meet the following minimum requirements for premises and facilities:

(1) Space:

(a) Cosmetology school floor space equal to 3,000 square feet for the first 25 students and an additional 50 square feet for each additional student, which may include a locker room and office space;

(b) Cosmetology branch school floor space equal to 1,500 square feet of floor space for up to 15 students and an additional 50 square feet for each additional student;

(c) Esthetics school or course floor space of at least 900 square feet for the first 10 students and 90 square feet for each additional student, which may include a locker room and office space; and

(d) Nail school or course floor space of at least 450 square feet for the first 10 students and 45 square feet for each additional student, which may include a locker room and office space;

(2) Plumbing: shampoo bowls for cosmetology courses and sinks for all courses that are connected to a central sewer system and a faucet or outlet for hot and cold running water connected to each bowl;

(3) Restrooms: a minimum of two restrooms with a liquid soap dispenser and disposable towels or an air hand dryer. If the school has personnel or students of both sexes, the school must provide separate restrooms for each sex. The restrooms must be available to the personnel, students, and clients within the structure of the school. Each must contain at least one toilet and one sink with hot and cold running water, connected to a central sewer system;

(4) Supply dispensary: a complete supply dispensary with a sink located within easy access to the student work area; and

(5) Provide ventilation: to allow the free flow of air in a room in proportion to the size of the room and the capacity of the room.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; transferred from § 20:42:04:11, 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

General Authority: SDCL 36-15-13(4)(5).

Law Implemented: SDCL 36-15-13(4).

Rule 20:42:06:20 School equipment requirements.

20:42:06:20. School equipment requirements. All licensed schools must comply with the equipment requirements of § 20:42:04:04.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 24 SDR 2, effective July 23, 1997; 26 SDR 18, effective August 15, 1999; 28 SDR 24, effective August 28, 2001; transferred from § 20:42:04:12, 29 SDR 176, effective July 1, 2003; 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013.

General Authority: SDCL 36-15-13(4)(5).

Law Implemented: SDCL 36-15-13(4).

Rule 20:42:06:21 Electric nail file or drill requirements.

20:42:06:21. Electric nail file or drill requirements. All licensed schools utilizing an electric file or drill and the attachments utilized in any nail procedure must comply with the requirements of § 20:42:04:04.01.

Source: 26 SDR 18, effective August 15, 1999; transferred from § 20:42:04:12.01, 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013.

General Authority: SDCL 36-15-13(4)(5).

Law Implemented: SDCL 36-15-13(4)(5).

Rule 20:42:06:21.01 Microdermabrasion machine requirements.

20:42:06:21.01. Microdermabrasion machine requirements. All licensed schools utilizing a microdermabrasion machine must comply with the requirements of § 20:42:04:04.02.

Source: 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

General Authority: SDCL 36-15-13(4)(5).

Law Implemented: SDCL 36-15-13(4)(5).

Rule 20:42:06:22 Prohibited equipment and procedures.

20:42:06:22. Prohibited equipment and procedures. All licensed schools must comply with § 20:42:04:04.03.

Source: 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

General Authority: SDCL 36-15-13(4)(5).

Law Implemented: SDCL 36-15-13(4)(5).

Rule 20:42:06:23 Repealed.

20:42:06:23. Required school equipment -- Sanitation. Repealed.

Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; transferred from § 20:42:04:13, 29 SDR 176, effective July 1, 2003; repealed, 39 SDR 129, effective January 28, 2013.

Rule 20:42:06:24 Required school infection control and safety procedures.

20:42:06:24. Required school infection control and safety procedures. All licensed schools must comply with the infection control and safety procedures of § 20:42:04:05.01.

Source: 24 SDR 2, effective July 23, 1997; transferred from § 20:42:04:13.01, 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

General Authority: SDCL 36-15-13(4)(5).

Law Implemented: SDCL 36-15-13(4).

Rule 20:42:06:25 Care of capes and towels in schools.

20:42:06:25. Care of capes and towels in schools. All licensed schools must comply with the requirements of § 20:42:04:06.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 18, effective August 15, 1999; transferred from § 20:42:04:14, 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

General Authority: SDCL 36-15-13(4)(5).

Law Implemented: SDCL 36-15-13(4)(5).

Rule 20:42:06:26 Procedure for handling wigs and hairpieces in cosmetology schools.

20:42:06:26. Procedure for handling wigs and hairpieces in cosmetology schools. All licensed schools must comply with the requirements of § 20:42:04:07.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; transferred from § 20:42:04:15, 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

General Authority: SDCL 36-15-13(4)(5).

Law Implemented: SDCL 36-15-13(4)(5).

Rule 20:42:06:27 Storage for harmful supplies.

20:42:06:27. Storage for harmful supplies. All licensed schools must comply with the requirements of § 20:42:04:08.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; transferred from § 20:42:04:16, 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

General Authority: SDCL 36-15-13(4)(5).

Law Implemented: SDCL 36-15-13(4)(5).

Rule 20:42:06:28 Prohibited products.

20:42:06:28. Prohibited products. No school may use any products prohibited by § 20:42:04:08.01.

Source: 26 SDR 18, effective August 15, 1999; transferred from § 20:42:04:16.01, 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004.

General Authority: SDCL 36-15-13(4)(5).

Law Implemented: SDCL 36-15-13(5).

Rule 20:42:06:29 Display of licenses.

20:42:06:29. Display of licenses. The school license shall be prominently displayed in the school during all working hours. The instructor license and the cosmetologist, nail technician, or esthetician license, as applicable, of each person instructing students in the school shall be prominently displayed.

Student licenses must be displayed at the student's primary work station.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:42:04:17, 29 SDR 176, effective July 1, 2003; 33 SDR 266, effective July 1, 2007; 46 SDR 46, effective October 3, 2019.

General Authority: SDCL 36-15-13(4).

Law Implemented: SDCL 36-15-13(4).

Rule 20:42:06:30 Display of student prices.

20:42:06:30. Display of student prices. All charges made for cosmetology, esthetic, or nail technology services by students must be prominently displayed in a place visible to all clients using those services.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; transferred from § 20:42:04:18, 29 SDR 176, effective July 1, 2003.

General Authority: SDCL 36-15-13(4).

Law Implemented: SDCL 36-15-13(4).

Rule 20:42:06:31 Display of health, safety, and infection control rules.

20:42:06:31. Display of health, safety, and infection control rules. Every school shall display in a prominent place in the reception area a copy of the most current applicable health, safety, and infection control rules of the commission.

Source: 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

General Authority: SDCL 36-15-13(4).

Law Implemented: SDCL 36-15-13(4).

Rule 20:42:06:32 Display of blood exposure rules.

20:42:06:32. Display of blood exposure rules. The blood exposure rules as outlined in § 20:42:05:06 shall be posted in the dispensary of the school.

Source: 29 SDR 176, effective July 1, 2003; 43 SDR 176, effective July 3, 2017; 47 SDR 8, effective August 3, 2020.

General Authority: SDCL 36-15-13(4)(5).

Law Implemented: SDCL 36-15-13(5).

Rule 20:42:06:33 Display of unregulated services sign in school clinics.

20:42:06:33. Display of unregulated services sign in school clinics. Any service offered within a school clinic that is not a cosmetology practice must be clearly identified as an unregulated service and listed on a sign conspicuously posted in the reception area. The sign shall state: "Unregulated Services. The following services offered by (school name) are not regulated by the South Dakota Cosmetology Commission: ____________________."

Source: 29 SDR 176, effective July 1, 2003.

General Authority: SDCL 36-15-13(4)(5).

Law Implemented: SDCL 36-15-13(4).

Rule 20:42:06:34 School responsible for students.

20:42:06:34. School responsible for students. A school is responsible for the conduct of the school's students.

Source: 46 SDR 46, effective October 3, 2019.

General Authority: SDCL 36-15-13(5).

Law Implemented: SDCL 36-15-13(5).

Rule 20:42:06:35 Terminated students who restart eduation.

20:42:06:35. Terminated students who restart eduation. A former student who wishes to reapply to complete the student's education, or a former student who completed the student's education but did not obtain a license will receive the following credit from the last date of previous enrollment as follows:

(1) 100 percent credit of hours if less than three years has passed;

(2) 50 percent credit of hours if more than three but less than seven years has passed;

(3) No credit for hours will be allowed if more than seven years has passed.

Source: 46 SDR 46, effective October 3, 2019.

General Authority: SDCL 36-15-13(1)(16).

Law Implemented: SDCL 36-15-17, 36-15-17.1.

Rule 20:42:06:36 Credit for hours from other institutions.

20:42:06:36. Credit for hours from other institutions. Any individual seeking credit for coursework completed at an institution not teaching the practices of cosmetology, nail technology, or esthetics, shall submit an official transcript from that institution.

For education earned in a credit hour program, each credit hour is equal to 30 clock hours.

Source: 47 SDR 8, effective August 3, 2020.

General Authority: SDCL 36-15-46.1.

Law Implemented: SDCL 36-15-46.1.

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