Administrative Rule 20:42:08 | South Dakota Legislature

Source: 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; 45 SDR 31, effective September 10, 2018.

Rule 20:42:08:01.01 Repealed.

20:42:08:01.01. Junior instructor education program. Repealed.

Source: 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013; 45 SDR 31, effective September 10, 2018.

Rule 20:42:08:02 Repealed.

20:42:08:02. Junior instructor continuing education for renewal. Repealed.

Rule 20:42:08:03 Instructor education for initial licensure.

20:42:08:03. Instructor education for initial licensure. To receive an instructor license, the applicant shall successfully complete:

(1) Twelve hours of new instructor training;

(2) Successfully pass the South Dakota Instructor Cosmetology Laws and Administrative Rules examination;

(3) A written theory examination approved by the commission and administered by the commission or its representatives.

The instructor applicant may be issued a conditional instructor license upon completion of twelve hours of new instructor training and successfully passing the South Dakota Instructor Cosmetology Laws and Administrative Rules examination. The instructor must pass the written theory examination within 90 days of being issued a conditional instructor license or the conditional license becomes invalid. Failure to successfully pass the instructor theory examination immediately invalidates the conditional instructor license and the instructor cannot continue to instruct students until successfully passing the theory examination and being issued an instructor license.

Source: 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; 45 SDR 31, effective September 10, 2018.

General Authority: SDCL 36-15-25, 36-15-26.2.

Law Implemented: SDCL 36-15-25, 36-15-26.2.

Rule 20:42:08:03.01 Repealed.

20:42:08:03.01. Senior instructor education exception. Repealed.

Source: 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 3, 2017.

Rule 20:42:08:03.02 Substitute instructors.

20:42:08:03.02. Substitute instructors. A cosmetology school licensed by the commission may hire a substitute instructor under the following conditions:

(1) Individual must be a licensed cosmetologist, esthetician or nail technician in the State of South Dakota. A cosmetologist may instruct in all of the education areas; an esthetician may only instruct in the area of esthetics; and a nail technician may only instructor in the area of nail technology;

(2) A substitute instructor can instruct 80 hours or less during a calendar year;

(3) The cosmetology school must notify the commission office as soon as the emergency need arises with the name of the substitute instructor and the hours the licensee will be instructing.

A substitute instructor cannot be otherwise employed by the school.

Source: 45 SDR 31, effective September 10, 2018.

General Authority: SDCL 36-15-25.

Law Implemented: SDCL 36-15-25.

Rule 20:42:08:04 Instructor continuing education for renewal.

20:42:08:04. Instructor continuing education for renewal. A licensee renewing an instructor license shall annually satisfactorily complete at least twelve hours of commission-approved education courses on teaching methods. The twelve hours shall be completed before the license is renewed.

Source: 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 3, 2017; 45 SDR 31, effective September 10, 2018.

General Authority: SDCL 36-15-25.1, 36-15-26.2.

Law Implemented: SDCL 36-15-25.1, 36-15-26.2.

Rule 20:42:08:04.01 Instructor education required to teach apprentices.

20:42:08:04.01. Instructor education required to teach apprentices. Before an instructor may train an apprentice, the instructor must complete the requirements of § 20:42:08:03, including successfully passing the instructor theory examination.

Source: 31 SDR 62, effective November 4, 2004; 45 SDR 31, effective September 10, 2018.

General Authority: SDCL 36-15-26.2.

Law Implemented: SDCL 36-15-47.1.

Rule 20:42:08:05 Verification fee for individual licensee.

20:42:08:05. Verification fee for individual licensee. The individual licensee shall pay the commission a fee of $35 to verify any required educational course not sponsored or pre-verified by the commission.

Source: 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013.

General Authority: SDCL 36-15-13.2, 36-15-26.2.

Law Implemented: SDCL 36-15-13.2, 36-15-26.2.

Rule 20:42:08:05.01 Pre-verification fee for course provider.

20:42:08:05.01. Pre-verification fee for course provider. A course provider shall pay the commission a fee of $100 to pre-verify each education course provided by the provider. The fee shall be accompanied by an application form provided by the commission. The pre-verification fee and application are valid for one year after commission approval. A course provider shall immediately notify the commission of any significant course material changes. A course provider shall seek new pre-verification if there is a significant change in the course material.

Source: 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 7, 2017.

General Authority: SDCL 36-15-13.2, 36-15-26.2.

Law Implemented: SDCL 36-15-13.2, 36-15-26.2.

Rule 20:42:08:06 Obtaining evidence of compliance.

20:42:08:06. Obtaining evidence of compliance. Each course provider shall provide evidence of attendance or completion to each licensee that attends or successfully completes the course, as applicable. The evidence shall include documentation signed by the institution or qualified individual presenting the course that shows the date of attendance or completion of the course, location of the course or the medium used for instruction, the speaker or instructor, and the hours in attendance or required for completion. This evidence shall accompany the licensee's application for renewal of license or as required under §§ 20:42:08:07 and 20:42:08:08.

Source: 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004.

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

Law Implemented: SDCL 36-15-13(1).

20:42:08:07. Education requirement to use microdermabrasion machines. A licensee shall successfully complete a minimum of 16 educational hours before operating a microdermabrasion machine. The hours must cover hands-on machine operation, knowledge of client skin types, and infection control and safety procedures specific to microdermabrasion that protect the client and licensee. A certificate of completion issued by the education provider must be submitted by the provider or licensee to the commission office and approved by the commission before any services are performed. After approval, the commission shall provide certification. The certification must be posted in a public place in the salon while the licensee is working.

Source: 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013; 48 SDR 60, effective December 6, 2021.

General Authority: SDCL 36-15-13(5), 36-15-13.2.

Law Implemented: SDCL 36-15-13.2.

20:42:08:08. Education requirement to use electric nail files. A licensee must successfully complete a minimum of eight educational hours before operating an electric nail file. The hours shall cover machine operation, types of attachments, hands-on operation, and infection control and safety procedures specific to the use of an electric nail file that protect the client and licensee. A certificate of completion issued by the education provider must be submitted by the provider or licensee to the commission office and approved by the commission before any services are performed. After approval, the commission shall provide certification of education approval. The certification shall be posted in a public place in the salon while the licensee is working.

Source: 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013; 48 SDR 60, effective December 6, 2021.

General Authority: SDCL 36-15-13(5), 36-15-13.2.

Law Implemented: SDCL 36-15-13.2.

20:42:08:09. Education requirement to perform eyelash extensions. A licensee shall successfully complete a minimum of 16 educational hours on the proper techniques to perform eyelash extensions. The hours must cover the technique of applying eyelashes using adhesive and infection control and safety procedures specific to eyelash extensions that protect the client and licensee. A certificate of completion issued by the education provider must be submitted by the provider or licensee to the commission office and approved by the commission before any services are performed. After approval, the commission shall provide certification of education approval. The certification shall be posted in a public place in the salon while the licensee is working.

Source: 43 SDR 176, effective July 3, 2017; 48 SDR 60, effective December 6, 2021.

General Authority: SDCL 36-15-13(5), 36-15-13.2.

Law Implemented: SDCL 36-15-13.2.

Online Archived History:

There are currently no online archives for this rule.