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State of South Dakota
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EIGHTIETH SESSION LEGISLATIVE ASSEMBLY, 2005 |
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HOUSE STATE AFFAIRS COMMITTEE ENGROSSED
NO.
HB 1212
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02/07/2005
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Introduced by:
The Committee on State Affairs at the request of the Governor
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FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to professional and
occupational licensing boards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-4-1 be amended to read as follows:
36-4-1.
There is hereby created a
The
State Board of Medical and Osteopathic Examiners,
hereinafter called the Board of Examiners,
which board shall consist of six
consists of nine
members to be appointed by the Governor for terms of
five
three
years.
No member may serve
more than three consecutive full terms. However, appointment to an unexpired term is not
considered a full term for this purpose.
Each member shall hold office until
his
a
successor is
appointed and qualified.
All vacancies
Any vacancy
on the board shall be filled by appointment
by the Governor
, but the board must
. The board shall
at all times include
four
six
doctors of
medicine and one doctor of osteopathy.
The Governor may stagger terms to enable the board
to have different terms expire each year. Any member appointed to the board prior to July 1,
2005, shall serve the five-year term to which the member was originally appointed. Any member
appointed to the board after July 1, 2005, shall serve a three-year term.
Section 2. That § 36-4-2 be amended to read as follows:
36-4-2. The Board of Examiners shall include
four
six
doctors of medicine holding a degree
of M.D., and one doctor of osteopathy holding the degree of D.O.
Such
The
members of the
board
must
shall
be licensed in the State of South Dakota, and
must
shall
be skilled and capable
physicians in good standing.
Section 3. That § 36-4-2.1 be amended to read as follows:
36-4-2.1. The membership of the Board of Examiners shall include
one lay member who is
a user
two lay members who are users
of the services regulated by the board.
The term lay
member who is a user refers to a person who is not licensed by the board but where practical
uses the service licensed, and the meaning shall be liberally construed to implement the purpose
of this section. The lay member shall be appointed by the Governor and
One lay member may
be a nonphysician health care professional licensed by the board. The Governor shall appoint
the lay members. The lay members
shall have the same term of office as other members of the
board.
Section 4. That § 36-4-34 be amended to read as follows:
36-4-34.
Whenever it shall appear
If it appears
from evidence satisfactory to the Board of
Examiners that any person has violated the provisions of this chapter or that any licensee under
this chapter has been guilty of unprofessional or dishonorable conduct or is
grossly
incompetent,
the board
shall have the right to
may
apply for an injunction in any court of competent
jurisdiction to restrain
such
the
person or licensee from continuing to practice medicine,
osteopathy, surgery, or obstetrics in any of their branches in this state. Application for an
injunction is an alternate to criminal proceedings, and the commencement of one proceeding by
the board constitutes an election.
Section 5. That § 36-4A-3.1 be amended to read as follows:
36-4A-3.1. The board shall appoint a physician assistant advisory committee composed of three physician assistants. Each committee member shall serve a term of three years
, except
initial appointees whose terms
. However, the terms of initial appointees
shall be staggered so
that no more than one member's term expires in one year.
A
No
committee member may
not
be
appointed to more than
two
three
consecutive
full
terms. If a vacancy occurs, the board shall
appoint a person to fill the unexpired term.
The appointment of a member to an unexpired term
is not considered a full term.
The committee shall meet at least annually or as deemed necessary
to conduct business. The advisory committee shall assist the board in evaluating standards of
physician assistant care and the regulation of physician assistants pursuant to this chapter. The
committee shall also make recommendations to the board regarding rules promulgated pursuant
to this chapter.
Section 6. That § 36-4A-37 be amended to read as follows:
36-4A-37. The South Dakota State Board of Medical and Osteopathic Examiners
shall have
the right to
may
deny the issuance or renewal of a license or suspend or revoke the license of
any physician assistant issued under this chapter upon satisfactory proof, in compliance with
chapter 1-26, of such person's:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-4-1 be amended to read as follows:
36-4-1.
Section 2. That § 36-4-2 be amended to read as follows:
36-4-2. The Board of Examiners shall include
Section 3. That § 36-4-2.1 be amended to read as follows:
36-4-2.1. The membership of the Board of Examiners shall include
Section 4. That § 36-4-34 be amended to read as follows:
36-4-34.
Section 5. That § 36-4A-3.1 be amended to read as follows:
36-4A-3.1. The board shall appoint a physician assistant advisory committee composed of three physician assistants. Each committee member shall serve a term of three years
Section 6. That § 36-4A-37 be amended to read as follows:
36-4A-37. The South Dakota State Board of Medical and Osteopathic Examiners
(1)
Gross incompetence
Incompetence
or unprofessional or dishonorable conduct as
defined in § 36-4-30;
(2)
Violation of this chapter in any respect;
(3)
Failure to notify the board, in writing, of the termination of the contract with
his
the
person's
supervising physician within seven days after
such
the
termination;
(4)
Rendering medical services beyond the specific tasks allowed to the physician
assistant; or
(5)
Rendering medical services without supervision of a physician as required by law and
the rules
and regulations
of the board.
Section 7. That chapter 36-4B be amended by adding thereto a NEW SECTION to read as follows:
Section 7. That chapter 36-4B be amended by adding thereto a NEW SECTION to read as follows:
The board shall appoint an advanced life support personnel advisory committee composed
of four members as follows:
(1) One emergency medical technician-intermediate/85;
(2) One emergency medical technician-intermediate/99;
(3) One emergency medical technician-paramedic; and
(4) One emergency room physician.
Each committee member shall serve a term of three years. However, the terms of initial
appointees shall be staggered so that no more than two members' terms expire in one year. No
committee member may be appointed to more than three consecutive full terms. If a vacancy
occurs, the board shall appoint a person to fill the unexpired term. The appointment of a person
to an unexpired term is not considered a full term. The committee shall meet at least annually
or as deemed necessary to conduct business. The advisory committee shall assist the board in
evaluating standards of care for advanced life support personnel and the regulation of advanced
life support personnel pursuant to this chapter. The committee shall also make recommendations
to the board regarding rules promulgated pursuant to this chapter.
Section 8. That § 36-4B-31 be amended to read as follows:
36-4B-31. The board may deny the issuance or renewal of a license or suspend or revoke the license of any advanced life support personnel issued under this chapter upon satisfactory proof of
such individual's gross
the person's
incompetence, or unprofessional or dishonorable conduct
as defined in § 36-4-30 or proof of a violation of this chapter.
Section 9. That § 36-4C-4 be amended to read as follows:
36-4C-4. The board shall appoint a Respiratory Care Practitioners' Advisory Committee composed of five members as follows:
Section 8. That § 36-4B-31 be amended to read as follows:
36-4B-31. The board may deny the issuance or renewal of a license or suspend or revoke the license of any advanced life support personnel issued under this chapter upon satisfactory proof of
Section 9. That § 36-4C-4 be amended to read as follows:
36-4C-4. The board shall appoint a Respiratory Care Practitioners' Advisory Committee composed of five members as follows:
(1)
Two registered respiratory therapists;
(2)
Two certified respiratory therapists; and
(3)
A physician licensed pursuant to chapter 36-4 who practices as a pulmonologist.
The advisory committee shall assist the board in evaluating the qualifications of applicants
for licensure and reviewing the examination results of applicants. The committee shall also
make recommendations to the board regarding rules promulgated pursuant to this chapter.
Section 10. That § 36-4C-16 be amended to read as follows:
36-4C-16. A proceeding for cancellation, revocation, or suspension of a license or temporary permit may be initiated if the board has written information that any person may have been guilty of any misconduct pursuant to § 36-4C-15 or is guilty of
gross
incompetence or
unprofessional or dishonorable conduct.
Section 11. That § 36-5-2 be amended to read as follows:
36-5-2. Any person who
shall practice or attempt
practices or attempts
to practice
chiropractic or who
shall use
uses
the title chiropractor or any word or title having a tendency
to induce any person to believe that
he
the person
is a chiropractor without first having secured
a license from the Board of Chiropractic Examiners
and secured an annual certificate of
registration from the South Dakota Chiropractors Association and
or
an annual license renewal
from the Board of Chiropractic Examiners is guilty of a Class 1 misdemeanor. The state's
attorneys shall enforce the provisions of this chapter within their respective counties.
Section 12. That § 36-5-3 be amended to read as follows:
36-5-3. The Board of Chiropractic Examiners shall be composed of one lay person and four members who are chiropractors, and appointed by the Governor for terms of three calendar years.
Any
No member may serve more than three consecutive full terms. The Governor shall,
by appointment, fill any
vacancy occurring in
such board shall be filled by appointment by the
Governor
the board. The appointment to an unexpired term is not considered a full term. The
Governor may stagger terms to enable the board to have different terms expire each year
.
Section 13. That § 36-5-14.1 be amended to read as follows:
36-5-14.1. Each person receiving a license under the provisions of this chapter shall procure from the secretary-treasurer of the board on or before the thirty-first day of December of each year, a renewal of license. The renewal shall be issued by the secretary-treasurer upon payment of the fee to be fixed in a rule, promulgated by the board pursuant to chapter 1-26, not exceeding the sum of three hundred dollars. The renewal license shall be in the form of a receipt acknowledging payment of the required fee and signed by the secretary-treasurer
and shall be
issued only to persons certified by the South Dakota Chiropractors Association as members in
good standing as defined in § 36-5-18
.
Section 14. That § 36-5-16 be amended to read as follows:
36-5-16. The board may, in compliance with chapter 1-26, refuse to grant a license to any person otherwise qualified, and may revoke the license of any chiropractor who is not of good moral character
, or
;
who solicits professional patronage by agents
, or
;
who is guilty of
gross
unprofessional conduct,
or
incompetency,
or
habitual intoxication
or
,
the use of narcotics,
or of
fraud
,
or deception
, or
;
who shall be convicted of a felony
,
;
or who
shall practice
practices
contrary to the provisions of this chapter or the rules
and regulations
of the board. The board
shall define by rule the foregoing grounds for revocation and refusal.
Section 15. That § 36-5-18 be amended to read as follows:
36-5-18. The South Dakota Chiropractors Association, composed of
all
the
licensed
chiropractors in this state
, hereby reconstituted to
electing to participate, shall
improve, promote,
and further
,
by educational work, the qualifications of its members and the art, science, and
practice of chiropractic
, shall issue an annual certificate of registration upon such terms as it
shall provide to each member, and make a report to the secretary of the Department of
Commerce and Consumer Affairs. The association shall certify to the Board of Chiropractic
Examiners annually on January fifteenth, the names of all chiropractors who are current on
payment of dues.
Section 10. That § 36-4C-16 be amended to read as follows:
36-4C-16. A proceeding for cancellation, revocation, or suspension of a license or temporary permit may be initiated if the board has written information that any person may have been guilty of any misconduct pursuant to § 36-4C-15 or is guilty of
Section 11. That § 36-5-2 be amended to read as follows:
36-5-2. Any person who
Section 12. That § 36-5-3 be amended to read as follows:
36-5-3. The Board of Chiropractic Examiners shall be composed of one lay person and four members who are chiropractors, and appointed by the Governor for terms of three calendar years.
Section 13. That § 36-5-14.1 be amended to read as follows:
36-5-14.1. Each person receiving a license under the provisions of this chapter shall procure from the secretary-treasurer of the board on or before the thirty-first day of December of each year, a renewal of license. The renewal shall be issued by the secretary-treasurer upon payment of the fee to be fixed in a rule, promulgated by the board pursuant to chapter 1-26, not exceeding the sum of three hundred dollars. The renewal license shall be in the form of a receipt acknowledging payment of the required fee and signed by the secretary-treasurer
Section 14. That § 36-5-16 be amended to read as follows:
36-5-16. The board may, in compliance with chapter 1-26, refuse to grant a license to any person otherwise qualified, and may revoke the license of any chiropractor who is not of good moral character
Section 15. That § 36-5-18 be amended to read as follows:
36-5-18. The South Dakota Chiropractors Association, composed of
The association may enact bylaws to regulate its affairs
.
Section 16. That § 36-6A-2 be repealed.
36-6A-2.
Any appointment for a full term under § 36-6A-1 or to fill any vacancy among the
professional members on the Board of Dentistry shall be made by the Governor. A list of
dentists and dental hygienists recommended by the South Dakota State Dental Association and
South Dakota Dental Hygienists Association, respectively, shall be furnished to the Governor
at least ninety days prior to the expiration of an applicable term, or, in cases of vacancies, within
sixty days after the occurrence of such vacancy. Such list shall contain not less than two
professional members for each membership to be filled.
Section 17. That § 36-6A-4 be amended to read as follows:
36-6A-4. No member of the board may serve more than
two
three
consecutive
full
terms.
Appointments to such board shall be made by the Governor
However, appointment of a person
to an unexpired term is not considered a full term for this purpose. The Governor shall make
appointments to the board
for terms of
five
three
years. Each member shall hold office until a
successor is appointed and qualified.
Any vacancy shall be filled by appointment of the
Governor
The Governor shall, by appointment, fill any vacancy
for the balance of the unexpired
term.
The Governor may stagger terms to enable the board to have different terms expire each
year. Any member appointed to the board prior to July 1, 2005, shall serve the five-year term
to which the member was originally appointed. Any member appointed to the board after July 1,
2005, shall serve a three-year term.
Section 18. That § 36-7-3 be amended to read as follows:
36-7-3. The State Board of Examiners in Optometry
shall consist
consists
of four members
appointed by the Governor, three of whom shall be fully qualified and licensed to prescribe and
administer diagnostic and therapeutic pharmaceutical agents under this chapter. Each member
must
shall
have been a resident of this state actually engaged in the practice of optometry at least
five years preceding the appointment. The term of each member is three years commencing on
July first
, and all vacancies shall be filled by appointment of the Governor
. The Governor shall,
by appointment, fill any vacancy. No member may serve more than three consecutive full terms.
The appointment of a person to an unexpired term is not considered a full term
. No member of
any optical school or college, or instructor in optometry, or person connected therewith, or any
jobber or jobber's representative, is eligible for the board.
Section 19. That § 36-7-24 be amended to read as follows:
36-7-24. The Board of Examiners, in compliance with chapter 1-26, may revoke the certificate of any registrant for any one, or any combination, of the following causes:
Section 16. That § 36-6A-2 be repealed.
Section 17. That § 36-6A-4 be amended to read as follows:
36-6A-4. No member of the board may serve more than
Section 18. That § 36-7-3 be amended to read as follows:
36-7-3. The State Board of Examiners in Optometry
Section 19. That § 36-7-24 be amended to read as follows:
36-7-24. The Board of Examiners, in compliance with chapter 1-26, may revoke the certificate of any registrant for any one, or any combination, of the following causes:
(1)
Conviction of a felony, as shown by a certified copy of the record of the court of
conviction;
(2)
Obtaining of, or an attempt to obtain, a certificate of registration by fraudulent
misrepresentation;
(3)
Gross malpractice
Malpractice
;
(4)
Continued practice by a person knowingly having an infectious or contagious disease;
(5)
Habitual drunkenness or habitual addiction to the use of morphine, cocaine, or other
habit-forming drugs;
(6)
Being guilty of
"
unprofessional conduct.
"
Section 20. That § 36-8-2 be amended to read as follows:
36-8-2. The State Board of Podiatry Examiners shall include three professional members appointed by the Governor, each of whom shall be a resident podiatrist of this state
; the
. The
term of each shall be three years, commencing on the first day of July.
All vacancies shall be
filled by appointment by the Governor.
No member may serve more than three consecutive full
terms. The Governor shall, by appointment, fill any vacancy. The appointment of a person to
an unexpired term is not considered a full term.
Section 21. That § 36-9-9 be amended to read as follows:
36-9-9. The term of office for the members of the Board of Nursing is
four
three
years and
expires on July first. Each member shall serve until
the member's
a
successor has been
appointed and qualified.
A
No
member may
not
be appointed to more than
two
three
consecutive
full
terms.
However, appointment of a person to an unexpired term is not
considered a full term for this purpose.
Section 20. That § 36-8-2 be amended to read as follows:
36-8-2. The State Board of Podiatry Examiners shall include three professional members appointed by the Governor, each of whom shall be a resident podiatrist of this state
Section 21. That § 36-9-9 be amended to read as follows:
36-9-9. The term of office for the members of the Board of Nursing is
At the expiration of a term, or if a vacancy occurs, the Governor shall appoint a new board
member.
The Governor may stagger terms to enable the board to have different terms expire
each year. Any member appointed to the board prior to July 1, 2005, shall serve the four-year
term to which the member was originally appointed. Any member appointed to the board after
July 1, 2005, shall serve a three-year term.
Section 22. That § 36-9-49 be amended to read as follows:
36-9-49. In compliance with chapter 1-26, the Board of Nursing may deny an application for licensure or certification or may deny, revoke, or suspend a license or certificate and may take other disciplinary or corrective action it considers appropriate in addition to or in lieu of such an action upon proof that the applicant, licensee, or certificate holder has:
Section 22. That § 36-9-49 be amended to read as follows:
36-9-49. In compliance with chapter 1-26, the Board of Nursing may deny an application for licensure or certification or may deny, revoke, or suspend a license or certificate and may take other disciplinary or corrective action it considers appropriate in addition to or in lieu of such an action upon proof that the applicant, licensee, or certificate holder has:
(1)
Committed fraud, deceit, or misrepresentation in procuring or attempting to procure
licensure or certification;
(2)
Been convicted of a felony. The conviction of a felony means the conviction of any
offense which, if committed within the State of South Dakota, would constitute a
felony under its laws;
(3)
Engaged in the practice of nursing under a false or incorrect name or under a
fictitious or assumed business name which has not been registered pursuant to
chapter 37-11 or impersonated another licensee or certificate holder of a like or
different name;
(4)
Become addicted to the habitual use of intoxicating liquors or controlled drugs as
defined by chapter 34-20B to such an extent as to result in incapacitation from the
performance of professional duties;
(5)
Negligently, willfully, or intentionally acted in a manner inconsistent with the health
or safety of persons entrusted to his or her care;
(6)
Had a license, certificate, or privilege to practice as a registered nurse, licensed
practical nurse, certified registered nurse anesthetist, or clinical nurse specialist
denied, revoked, or suspended or had other disciplinary action taken in another state,
territory, or foreign country;
(7)
Violated any provisions of this chapter or the rules promulgated under it;
(8)
Aided or abetted an unlicensed or uncertified person to practice nursing;
(9)
Engaged in the practice of nursing during a time his or her license or certificate is
lapsed, on inactive status, suspended, or revoked;
(10)
Been guilty of
gross
incompetence or unprofessional or dishonorable conduct;
(11)
Exercised influence within the nurse-patient relationship for the purpose of engaging
a patient in sexual activity. For the purpose of this subdivision, the patient is
presumed incapable of giving free, full, and informed consent to sexual activity with
the nurse; or
(12)
Engaged in gross sexual harassment or sexual contact.
Section 23. That § 36-9A-5.1 be amended to read as follows:
36-9A-5.1. The Board of Nursing shall appoint an advanced practice nurse advisory committee composed of two certified nurse midwives and four certified nurse practitioners. Committee members shall be selected from a list of nominees by the Board of Nursing. Each committee member shall serve a term of three years
, except
. However, the terms of
initial
appointees
whose terms
shall be staggered so that no more than two members' terms expire in
one year.
A
No
committee member may
not
be appointed to more than
two
three
consecutive
terms. If a vacancy occurs
,
the board shall appoint a person to fill the unexpired term.
The
appointment of a person to an unexpired term is not considered a full term.
The committee shall
meet at least annually, or as deemed necessary, to conduct business. The advisory committee
shall assist the boards in evaluating standards of advanced practice nursing care and the
regulation of nurse practitioners and nurse midwives pursuant to this chapter. The committee
shall also make recommendations to the boards regarding rules promulgated pursuant to this
chapter.
Section 24. That § 36-9A-30 be amended to read as follows:
36-9A-30. The proceedings for revocation or suspension of a license may be initiated if the boards have information that any person may have been guilty of any misconduct as provided in § 36-9A-29, or is guilty of
gross
incompetence or unprofessional or dishonorable conduct.
Section 25. That § 36-10-19 be amended to read as follows:
36-10-19.
There is hereby established
The board shall appoint
a physical therapy committee
,
composed of three physical therapists,
which shall assist the Board of Examiners in conducting
examinations of persons applying for a license to practice physical therapy
and
. The committee
shall assist the Board of Examiners on all matters pertaining to the licensure, practice, and
discipline of all persons licensed to practice physical therapy in the State of South Dakota, or
the making or abolishing of rules
and regulations
pertaining to physical therapy.
Each committee
member shall serve a term of three years. No member may serve more than three consecutive
full terms. If a vacancy occurs, the board shall appoint a person to fill the unexpired term. The
appointment of a person to an unexpired term is not considered a full term. The committee shall
meet at least annually or as deemed necessary to conduct business.
Section 26. That § 36-10-20 be repealed.
36-10-20.
The South Dakota Physical Therapy Association shall at any regular or special
meeting held within six months prior to the existence of any vacancy on the committee,
nominate two persons for each vacancy, on the committee. All persons appointed to such board
after the first members shall serve for a period of three years. The Board of Examiners shall
select from the list of nominees presented to it, as certified by the secretary of the South Dakota
Physical Therapy Association, persons to serve on such committee.
Section 27. That § 36-10-22 be repealed.
36-10-22.
In the event any vacancy shall arise on such committee by reason of death,
retirement, removal from this state, or otherwise of any member serving on such committee,
such vacancy shall be filled in the same manner as original appointments thereto are made and
the term of the member chosen to fill a vacancy shall be for the remainder of the unexpired term
of the committee member he is replacing.
Section 28. That § 36-10-39 be amended to read as follows:
36-10-39. The Board of Examiners may cancel, revoke, or suspend the license of any physical therapist or the certificate of any physical therapist assistant issued under this chapter upon satisfactory proof of such a licensee's or certificate holder's
gross
incompetence, or
unprofessional or dishonorable conduct, or proof of a violation of this chapter in any respect.
Section 29. That § 36-10-41 be amended to read as follows:
36-10-41. The proceedings for cancellation, revocation, or suspension of a license may be initiated when the Board of Examiners has information that any person, persons, firms, or corporation may have been guilty of any misconduct as provided in § 36-10-40 or is guilty of
gross
incompetence or unprofessional or dishonorable conduct.
Section 30. That § 36-10B-4 be amended to read as follows:
36-10B-4. The board shall appoint a nutrition and dietetics advisory committee composed of five members. The members shall be registered dietitians or qualified nutritionists.
The
committee members shall be selected from a list of nominees provided by the South Dakota
Dietetic Association.
Each committee member shall serve a term of three years
, except
.
However, the terms of
initial appointees
whose terms
shall be staggered so that no more than
two members' terms expire in any one year.
No committee member may be appointed to more
than three consecutive full terms.
If a vacancy occurs, the board shall appoint a person to fill the
unexpired term.
The appointment of a person to an unexpired term is not considered a full term.
Section 23. That § 36-9A-5.1 be amended to read as follows:
36-9A-5.1. The Board of Nursing shall appoint an advanced practice nurse advisory committee composed of two certified nurse midwives and four certified nurse practitioners. Committee members shall be selected from a list of nominees by the Board of Nursing. Each committee member shall serve a term of three years
Section 24. That § 36-9A-30 be amended to read as follows:
36-9A-30. The proceedings for revocation or suspension of a license may be initiated if the boards have information that any person may have been guilty of any misconduct as provided in § 36-9A-29, or is guilty of
Section 25. That § 36-10-19 be amended to read as follows:
36-10-19.
Section 26. That § 36-10-20 be repealed.
Section 27. That § 36-10-22 be repealed.
Section 28. That § 36-10-39 be amended to read as follows:
36-10-39. The Board of Examiners may cancel, revoke, or suspend the license of any physical therapist or the certificate of any physical therapist assistant issued under this chapter upon satisfactory proof of such a licensee's or certificate holder's
Section 29. That § 36-10-41 be amended to read as follows:
36-10-41. The proceedings for cancellation, revocation, or suspension of a license may be initiated when the Board of Examiners has information that any person, persons, firms, or corporation may have been guilty of any misconduct as provided in § 36-10-40 or is guilty of
Section 30. That § 36-10B-4 be amended to read as follows:
36-10B-4. The board shall appoint a nutrition and dietetics advisory committee composed of five members. The members shall be registered dietitians or qualified nutritionists.
The committee may assist the board in evaluating the qualifications of applicants for
licensure. The committee may make recommendations to the board regarding rules promulgated
pursuant to this chapter.
Section 31. That § 36-11-3 be amended to read as follows:
36-11-3.
The
Those
registered pharmacists of this state
electing to participate
shall constitute
an association under the name and title of the South Dakota Pharmacists Association
, the
. The
purpose of
which shall be
the association is
to serve as the state professional society of
pharmacists which represents the profession of pharmacy, enhances the public's awareness of
pharmacy, and serves the best interest of public health and pharmacy. The South Dakota
Pharmacists Association shall be conducted as a nonprofit corporation pursuant to the terms of
its articles of incorporation. The members of the association who have secured a current annual
certificate of registration to practice pharmacy in this state
and who have elected to participate
in the association
are entitled to all of the rights and privileges of the association and may vote,
serve as an officer or director of the association, and participate in all of the meetings of the
association. The association shall hold an annual meeting at such time and place as it
determines.
It shall report annually to the Governor, recommending the names of at least three
members who are practicing pharmacists rendering pharmaceutical services to the general public
in this state and otherwise qualified to be appointed as members of the State Board of Pharmacy.
Section 32. That § 36-11-4 be amended to read as follows:
36-11-4. The State Board of Pharmacy shall include three professional members who shall hold their offices for terms of three years or until their successors are appointed and qualified.
On or before the first day of October of each year, or whenever a vacancy shall occur among the
professional members of such board, the Governor shall appoint a licentiate in pharmacy who
shall be a member of the South Dakota Pharmacists Association as a member of such board or
to fill a vacancy therein. The Governor shall have the authority to
No member may serve more
than three consecutive full terms. The appointment of a person to an unexpired term is not
considered a full term. The Governor may
remove any member of the board for just cause.
Section 33. That § 36-11-6 be amended to read as follows:
36-11-6.
The association shall annually
receive all fees received for renewal of certificates
of registration as a pharmacist in this state.
Each pharmacist in the state electing to participate
shall annually, by October first of each year, pay to the South Dakota Pharmacists Association
dues for membership. The association shall establish the dues. The dues may not exceed one
hundred twenty-five dollars.
The association may use the funds for payment of expenses of the
association, including continuing education, matters related to registration standards for
pharmacists, professional service standards, and general operating expenses. The association
shall use funds received to pay any legislated assessment to support a diversion program for
chemically impaired pharmacists. Expenditures of funds shall be approved by the president and
treasurer of the association. The association shall annually file in the office of the board an
itemized statement of the receipts of the association and disbursements from the receipts.
Section 34. That § 36-11-9 be amended to read as follows:
36-11-9.
It shall be the duty of the
The
Board of Pharmacy
to
shall
report annually to the
Governor as provided by law for state officers and boards
, and to the South Dakota
Pharmaceutical Association
.
Section 35. That § 36-11-23 be amended to read as follows:
36-11-23. Each pharmacist shall annually by October first each year, pay to the
South
Dakota Pharmacists Association
board
a registry fee to be fixed by
the association and adopted
by
the board in compliance with chapter 1-26, not to exceed
one hundred fifty
twenty-five
dollars
, for which the pharmacist shall receive from
. Upon payment of the fee by a pharmacist,
the Board of Pharmacy
a renewal
of the
shall renew the pharmacist's
certificate of registration.
Any pharmacist who fails to pay the renewal fee by the due date is subject to suspension of
certificate by the board in compliance with chapter 1-26. Any suspended certificate may be
reinstated if all delinquent fees have been paid, plus a penalty of twenty-five dollars, and the
Board of Pharmacy has approved the application for reinstatement.
Section 36. That § 36-12-3 be amended to read as follows:
36-12-3.
There is hereby created
The Governor shall appoint
a State Board of Veterinary
Medical Examiners
to be appointed by the Governor of the State of South Dakota,
which shall
include three
reputable
veterinarians
who
. Each veterinarian
shall be
graduated
a graduate
from
a college authorized by law to confer degrees of veterinary medicine
, and having
with
educational standards equal to those approved by the American Veterinary Medical Association,
and each
of whom
veterinarian
shall be licensed and registered under this chapter
and actively
engaged in the practice of veterinary medicine in the state for a period of five years preceding
the appointment
. Appointments shall be made for the term of three years. No member of this
board
shall
may
serve more than
six consecutive years
three full terms. The appointment of a
person to an unexpired term is not considered a full term
.
Section 37. That § 36-12-5 be repealed.
36-12-5.
The South Dakota State Veterinary Medical Society shall at each annual meeting
nominate twice the number of veterinarians to be appointed that year on the Board of Veterinary
Medical Examiners. Such names shall be certified to the Governor by the secretary of such
society, and the appointment shall be made from the nominees so submitted. If the society fails
to provide nominees as provided herein then the Governor may appoint from licensed and
registered members of the veterinary profession in good standing in South Dakota without
restriction.
Section 38. That § 36-12-6 be amended to read as follows:
36-12-6. The Governor shall remove any member of the Board of Veterinary Examiners upon proper showing of
gross
neglect of duty or for corrupt conduct in office or any other
misfeasance
,
or malfeasance
therein
in office
.
Section 39. That § 36-12-22 be amended to read as follows:
36-12-22. The State Board of Veterinary Medical Examiners may, in compliance with chapter 1-26, either refuse to issue a license or refuse to issue a certificate of registration or suspend or revoke a license and certificate of registration upon any of the following grounds:
Section 31. That § 36-11-3 be amended to read as follows:
36-11-3.
Section 32. That § 36-11-4 be amended to read as follows:
36-11-4. The State Board of Pharmacy shall include three professional members who shall hold their offices for terms of three years or until their successors are appointed and qualified.
Section 33. That § 36-11-6 be amended to read as follows:
36-11-6.
Section 34. That § 36-11-9 be amended to read as follows:
36-11-9.
Section 35. That § 36-11-23 be amended to read as follows:
36-11-23. Each pharmacist shall annually by October first each year, pay to the
Section 36. That § 36-12-3 be amended to read as follows:
36-12-3.
Section 37. That § 36-12-5 be repealed.
Section 38. That § 36-12-6 be amended to read as follows:
36-12-6. The Governor shall remove any member of the Board of Veterinary Examiners upon proper showing of
Section 39. That § 36-12-22 be amended to read as follows:
36-12-22. The State Board of Veterinary Medical Examiners may, in compliance with chapter 1-26, either refuse to issue a license or refuse to issue a certificate of registration or suspend or revoke a license and certificate of registration upon any of the following grounds:
(1)
Fraud or deception in procuring the license;
(2)
The publication or use of any untruthful or improper statement, or representation,
with a view of deceiving the public, or any client or customer in connection with the
practice of veterinary medicine;
(3)
Habitual intemperance in the use of intoxicating liquors, or habitual addiction to the
use of morphine, cocaine, or other habit-forming drugs; or entry of a plea of guilty
to, or nolo contendere to, or conviction of a violation of any federal or state law
relating to controlled drugs or substances;
(4)
Immoral, unprofessional, or dishonorable conduct manifestly disqualifying the
licensee from practicing veterinary medicine;
(5)
Gross malpractice
Malpractice
, including failure to furnish to the board, upon written
application by it, any report or information relating thereto;
(6)
The employment of an unlicensed person to perform work which under this chapter
can lawfully be done only by persons licensed to practice veterinary medicine;
(7)
Fraud or dishonest conduct in applying or reporting diagnostic biological tests or in
issuing health certificates;
(8)
Failure to keep one's premises in a reasonably clean and sanitary condition and failure
to use reasonably sanitary methods in the practice of veterinary medicine;
(9)
The use, prescription, or sale of any veterinary prescription drug in the absence of a
valid veterinary client-patient relationship
;
(10) Professional incompetence which constitutes a deviation from the statewide standard
of competence, which is that minimum degree of skill and knowledge necessary for
the performance of characteristic tasks of a veterinarian in at least a reasonably
effective way
.
Section 40. That § 36-13-1 be amended to read as follows:
36-13-1. The Abstracters' Board of Examiners shall be composed of five members appointed by the Governor. Four members of the board shall be abstracters who have been qualified to do the business of abstracting under § 36-13-8 for five years prior to the date of their appointment. Four of these abstracter members shall be members of the South Dakota Land Title Association. The members may not be all of the same political party, and their terms shall be for
four
three
years.
Any member appointed to the board prior to July 1, 2005, shall serve the four-year term
to which the member was originally appointed. Any member appointed to the board after July 1,
2005, shall serve a three-year term. No board member may serve more than three consecutive
full terms.
Members of the board shall qualify by taking the oath of office provided by law for
public officers.
Section 40. That § 36-13-1 be amended to read as follows:
36-13-1. The Abstracters' Board of Examiners shall be composed of five members appointed by the Governor. Four members of the board shall be abstracters who have been qualified to do the business of abstracting under § 36-13-8 for five years prior to the date of their appointment. Four of these abstracter members shall be members of the South Dakota Land Title Association. The members may not be all of the same political party, and their terms shall be for
Section 41. That § 36-13-1.1 be amended to read as follows:
36-13-1.1. The membership of the Abstracters' Board of Examiners shall include one lay member who is a user of the services regulated by the board. The term , lay member who is a user , refers to a person who is not licensed by the board but , where practical , uses the service licensed
Section 42. That § 36-14-2 be amended to read as follows:
36-14-2. The Governor shall appoint a Board of Barber Examiners
Section 43. That § 36-14-2.1 be amended to read as follows:
36-14-2.1. The membership of the Board of Barber Examiners shall include one lay member who is a user of the services regulated by the board. The term , lay member who is a user , refers to a person who is not licensed by the board but , where practical , uses the service licensed
Section 44. That § 36-14-32 be amended to read as follows:
36-14-32. The Board of Barber Examiners may refuse to issue or renew, or may suspend or revoke, any certificate of registration for any of the following causes:
(1)
Conviction of a felony;
(2)
Gross malpractice
Malpractice
or
gross
incompetency;
(3)
Continued practice by a person knowingly having an infectious or contagious disease;
(4)
Advertising by means of knowingly false or deceptive statements;
(5)
Advertising, practicing, or attempting to practice under a trade name other than one's
own;
(6)
Drunkenness, or addiction to the use of habit-forming drugs;
(7)
Immoral or unprofessional conduct;
(8)
The commission of any of the offenses described in § 36-14-36.
Section 45. That § 36-15-3 be amended to read as follows:
36-15-3.
There is created a
The
Cosmetology Commission
which
shall perform all functions
exercised by the former State Board of Cosmetology. The Cosmetology Commission
shall
consist
consists
of five members to be appointed by the Governor for a term of
four
three
years
,
not all of whom shall
. No member may serve more than three consecutive full terms. However,
appointment to fill an unexpired term is not considered a complete term for this purpose. Not
all of the members may
be of the same political party. Three members
must
shall
be currently
licensed as cosmetologists in this state at the time of their appointment. Two members shall be
lay people.
The terms of members who are first appointed after the effective date of this order
shall be: two appointed for a term of one year; two appointed for a term of two years; and one
for a term of four years, and such initial terms shall be designated by the Governor. Any member
appointed to fill a vacancy arising from other than the natural expiration of a term shall serve
for only the unexpired portion of the term.
The Governor may stagger the terms to enable the
commission to have different terms expire each year. Any member appointed to the commission
prior to July 1, 2005, shall serve the four-year term to which the member was originally
appointed. Any member appointed to the commission after July 1, 2005, shall serve a three-year
term.
Each member of the commission shall
be required to
take the oath of office as provided
by law for public officials.
Section 46. That § 36-15-58 be amended to read as follows:
36-15-58. The proceedings for cancellation, revocation , or suspension of a license may be initiated when the cosmetology commission has information that any person may have been guilty of any misconduct as provided in § 36-15-56, or is guilty of
gross
incompetence
,
negligence,
or unprofessional or dishonorable conduct.
Section 47. That § 36-16-3 be amended to read as follows:
36-16-3.
There is created a
The
State Electrical Commission
which
shall perform all
functions exercised by the former State Electrical Board. The State Electrical Commission
shall
consist
consists
of seven members to be appointed by the Governor for a term of
four
three
years
, not all of whom
. No member may serve more than three consecutive full terms. However,
appointment to fill an unexpired term is not considered a complete term for this purpose. Not
all of the members
shall be of the same political party.
The terms of members who are first
appointed after the effective date of this order shall be: one appointed for a term of one year; one
appointed for a term of two years; two appointed for a term of three years; and one for a term
of four years, and such initial terms shall be designated by the Governor. Any member appointed
to fill a vacancy arising from other than the natural expiration of a term shall serve for only the
unexpired portion of the term. Three of the members appointed shall, where possible, be
selected from names submitted by private utility companies, rural electrical cooperatives,
electrical inspectors, electrical contractors, and journeymen electricians.
The Governor may
stagger the terms to enable the commission to have different terms expire each year. Any
member appointed to the commission prior to July 1, 2005, shall serve the four-year term to
which the member was originally appointed. Any member appointed to the commission after
July 1, 2005, shall serve a three-year term. One member shall represent an electric utility, one
member shall be a licensed electrical contractor, one member shall be a licensed electrician with
at least a journeyman level license and one member shall have fire safety expertise.
Section 48. That § 36-16-4 be amended to read as follows:
36-16-4. The Governor shall appoint one member of the State Electrical Commission who shall be involved in the education of electrical engineers. This member shall serve without compensation
and be appointed biennially
.
Section 49. That § 36-18A-14 be amended to read as follows:
36-18A-14. The Board of Technical Professions is
hereby
created to administer the
provisions of this chapter. Each member of the board shall receive a certificate of appointment
from the Governor
,
and shall file with the secretary of state a written oath for the faithful
discharge of the member's official duties. The board shall consist of seven members to be
appointed by the Governor for a term of
four
three
years.
In implementing the four-year terms,
the Governor shall vary the terms to enable the board to have no more than two terms expire in
any one year.
No member may serve more than three consecutive full terms. However,
appointment to fill an unexpired term is not considered a complete term for this purpose.
The
board shall be composed of two professional engineers, two architects, two land surveyors, and
one member from the public.
Members may be reappointed to succeed themselves. A member
shall hold over the expiration of a term until a successor is duly appointed and qualified.
The
Governor may stagger the terms to enable the board to have different terms expire each year.
Any member appointed to the board prior to July 1, 2005, shall serve the four-year term to
which the member was originally appointed. Any member appointed to the board after July 1,
2005, shall serve a three-year term.
Section 50. That § 36-18A-56 be amended to read as follows:
36-18A-56. The board may take action without proof of actual injury on the following violations:
Section 45. That § 36-15-3 be amended to read as follows:
36-15-3.
Section 46. That § 36-15-58 be amended to read as follows:
36-15-58. The proceedings for cancellation, revocation , or suspension of a license may be initiated when the cosmetology commission has information that any person may have been guilty of any misconduct as provided in § 36-15-56, or is guilty of
Section 47. That § 36-16-3 be amended to read as follows:
36-16-3.
Section 48. That § 36-16-4 be amended to read as follows:
36-16-4. The Governor shall appoint one member of the State Electrical Commission who shall be involved in the education of electrical engineers. This member shall serve without compensation
Section 49. That § 36-18A-14 be amended to read as follows:
36-18A-14. The Board of Technical Professions is
Section 50. That § 36-18A-56 be amended to read as follows:
36-18A-56. The board may take action without proof of actual injury on the following violations:
(1)
Has violated any statute, rule, or order that the board has issued or is empowered to
enforce;
(2)
Has engaged in conduct or acts that are fraudulent, deceptive, or dishonest whether
or not the conduct or acts relate to professional practice;
(3)
Has engaged in conduct or acts that are
grossly
negligent, incompetent, reckless, or
otherwise in violation of established standards related to that person's professional
practice;
(4)
Has been convicted of or has pleaded guilty or nolo contendere to a felony, whether
or not the person admits guilt, or has been shown to have engaged in acts or practices
tending to show that the applicant or licensee is incompetent or has engaged in
conduct reflecting adversely on the person's ability or fitness to engage in that
person's professional practice. A copy of the record of conviction or plea of guilty or
nolo contendere is conclusive evidence;
(5)
Has employed fraud or deception in obtaining a license or renewal of a license or in
passing all or a portion of the examination;
(6)
Has had that person's professional license, registration, certificate, right to
examination, or other similar rights to practice revoked, suspended, canceled, given
probation, limited, censured, reprimanded, or not renewed for cause in any state or
territory of the United States, the District of Columbia, or in any foreign country;
(7)
Failed to meet any requirement for issuance or renewal of the person's license or
certificate;
(8)
Has used or attempted to use as that person's own the certificate or seal of another;
(9)
Has used or attempted to use an expired, suspended, or revoked license;
(10)
Has placed that person's seal or signature to a plan, specification, report, plat, or other
technical submission or document not prepared by that person or under that person's
responsible charge;
(11)
Aided or assisted another person in violating any provision of this chapter or the rules
pertaining to this chapter;
(12)
Failed to promptly and appropriately provide information requested by the board as
a result of a formal or informal complaint to the board which would indicate a
violation of this chapter;
(13)
Has provided false testimony or information to the board;
(14)
Failed to report known violations of this chapter;
(15)
Has engaged in the use of untruthful or improbable statements in advertisements;
(16)
Failed to complete continuing professional development requirements set by the
board;
(17)
Made misleading or untruthful representations in advertisements or published
materials;
(18)
Falsely used any title, figures, letters, or descriptions to imply licensure;
(19)
Is habitually intoxicated or is addicted to the use of alcohol or illegal drugs;
(20)
Has committed an act, engaged in conduct, or committed practices that may result in
an immediate threat to the public; or
(21)
Has provided professional services in technical areas not covered by that person's
license or competency.
Section 51. That § 36-19-2 be amended to read as follows:
36-19-2. The State Board of Funeral Service shall include the secretary of health or
his
the
secretary's
designee and five professional members who shall be licensed to practice funeral
service
, appointed by the Governor, provided that no person shall
. The Governor shall appoint
the professional members of the board. However, no person may
be appointed as a professional
member of
said
the
board who has not been licensed in this state, as an embalmer and funeral
director, or to practice funeral service, for at least five years prior to
his
appointment. The term
of office of appointed members shall be
five
three
years.
All vacancies shall be filled by
appointment by the Governor. Nominations of three or more qualified candidates for each
appointive term of a professional member, or part thereof, shall be filed with the Governor by
the South Dakota Embalmers and Funeral Directors Association. The terms of office shall be
so arranged that only one professional member's term will expire each year on June thirtieth.
The Governor shall, by appointment, fill any vacancy.
Section 51. That § 36-19-2 be amended to read as follows:
36-19-2. The State Board of Funeral Service shall include the secretary of health or
The State Board of Funeral Service shall also include two lay members who are users of the
services regulated by the board. The term
,
lay member who is a user
,
refers to a person who is
not licensed by the board but
,
where practical
,
uses the service licensed
, and the meaning
. The
term
shall be liberally construed to implement the purpose of this section.
The lay members
shall be appointed by the Governor and, after the initial appointments, both such
The Governor
shall appoint the lay members. The
lay members shall have the same term of office as other
members of the board.
No board member
shall
may
serve more than
two
three
consecutive
full
terms
on said board;
any person serving more than three years under an original appointment or to fill a vacancy shall
be deemed to have served a full term
.
However, appointment to fill an unexpired term is not
considered a complete term for this purpose. The Governor may stagger the terms to enable the
board to have different terms expire each year. Any member appointed to the board prior to
July 1, 2005, shall serve the five-year term to which the member was originally appointed. Any
member appointed to the board after July 1, 2005, shall serve a three-year term.
Section 52. That § 36-19-38 be amended to read as follows:
36-19-38. The State Board of Funeral Service, acting in compliance with chapter 1-26, may refuse to grant, may suspend, or revoke any license if the license holder
thereof
or the
license
applicant
therefor
:
Section 52. That § 36-19-38 be amended to read as follows:
36-19-38. The State Board of Funeral Service, acting in compliance with chapter 1-26, may refuse to grant, may suspend, or revoke any license if the license holder
(1)
Obtained
said
the
license by fraud or misrepresentation either in applying for
said
the
license or in passing the examination for
said
the
license;
(2)
Uses intoxicants or drugs to such a degree as to render
him
the person
unfit to
practice funeral service or funeral directing;
(3)
Has been convicted of a felony or crime involving moral turpitude
; provided,
however, that
. However,
upon the conviction of a holder of a valid license, of a
felony or crime involving moral turpitude,
such
the
conviction shall immediately and
automatically revoke
such
the
license;
(4)
Is not a person of good moral character;
(5)
Shall be
Is
guilty of
gross or willful
malpractice in the business of funeral service or
funeral directing;
(6)
Shall be
Is
guilty of willful violation of any section of this chapter, or any rule
or
regulation
of the board, or any rule
or regulation
of the state or any municipal board
or department of health governing the disposition, shipment, or transportation of dead
human bodies; or
shall
willfully
fail
fails
to make any report required by law or by
the rules
or regulations
of the board;
(7)
Shall sign
Signs
a certificate stating that
he
the person
embalmed or prepared a dead
human body for shipment or burial, whereas in fact, someone, other than the person
signing
said
the
certificate, embalmed or prepared
such
the
dead human body for
shipment or burial;
(8)
Shall pay or cause
Pays or causes
to be paid, directly or indirectly, a commission for
the securing of business; or, directly or indirectly
solicit
solicits
such business
;
provided, however, that
. However
the soliciting of members or the selling of stock
in any cooperative burial association
shall not be construed as
is not
a violation of
this subdivision.
Section 53. That § 36-20B-4 be amended to read as follows:
36-20B-4.
Section 54. That § 36-20B-40 be amended to read as follows:
36-20B-40. The board may, in accordance with chapter 1-26, revoke any certificate, license, or permit issued pursuant to this chapter or corresponding provisions of prior law or revoke or limit privileges under this chapter; suspend any such certificate, license, or permit, or refuse to renew any such certificate, license, or permit for a period of not more than five years; reprimand, censure, or limit the scope of practice of any licensee; impose an administrative fine not exceeding one thousand dollars, or place any licensee on probation, all with or without terms, conditions, and limitations, for any one or more of the following reasons:
(1)
Fraud or deceit in obtaining a certificate or permit;
(2)
Cancellation, revocation, suspension, or refusal to renew a certificate, license, or
permit to engage in the practice of public accountancy in any other state for any
cause;
(3)
Failure, on the part of a holder of a certificate, license, or permit under this chapter
or registration under this chapter, or of a certificate, license or permit issued by
another state, to maintain compliance with the requirements for issuance or renewal
of such certificate, license, permit, or registration or to report changes to the board;
(4)
Revocation or suspension of the right to practice before any state or federal agency;
(5)
Dishonesty, fraud, or
gross
negligence
, or incompetence
in the performance of
services as a licensee or individual granted privileges under this chapter or in the
filing or failure to file one's own income tax returns;
(6)
Violation of any provision of this chapter or rule, promulgated by the board pursuant
to chapter 1-26, or violation of professional standards;
(7)
Violation of any rule of professional conduct promulgated by the board pursuant to
chapter 1-26;
(8)
Conviction of a felony, or of any crime an element of which is dishonesty or fraud,
under the laws of the United States, of this state, or of any other state if the acts
involved would have constituted a crime under the laws of this state;
(9)
Performance of any fraudulent act while holding a certificate, license, or permit or
privilege issued under this chapter or prior law;
(10)
Any conduct reflecting adversely upon the licensee's fitness to perform services while
a licensee, or individual granted privileges under this chapter;
(11)
Making any false or misleading statement or verification, in support of an application
for a certificate, registration, or permit filed by another; and
(12)
Dishonesty or
gross
negligence in the performance of peer reviews.
In lieu of or in addition to any remedy specifically provided in this section, the board may
require of a licensee a peer review conducted in
such
the
manner as the board may specify or
satisfactory completion of
such
the
continuing professional education programs as the board
may specify, or both.
In any proceeding in which a remedy provided by this section is imposed, the board may
also require the respondent licensee to pay the costs of the proceeding.
Section 55. That § 36-21A-14 be amended to read as follows:
36-21A-14. Each member of the commission shall be appointed for a term of
four
three
years.
Any member appointed to the commission prior to July 1, 2005, shall serve the four-year
term to which the member was originally appointed. Any member appointed to the commission
after July 1, 2005, shall serve a three-year term. No member may serve more than three
consecutive full terms.
Any member appointed to fill a vacancy arising during a commissioner's
term shall serve for the unexpired portion of the term.
The appointment to an unexpired term
is not considered a full term.
Section 56. That § 36-24-4 be amended to read as follows:
36-24-4. The members of the board enumerated in § 36-24-3 shall be appointed by the Governor
from a list of at least five audiologists submitted by the South Dakota Academy of
Audiology and a list of at least five hearing aid dispensers submitted by the South Dakota
Hearing Aid Dispenser's Association, or from a list of nominees submitted by any member of
the public
. No member of the board may concurrently serve in an elected, appointed, or
employed position in any state professional association or governmental regulatory agency
which presents a conflict of interest.
Section 57. That § 36-24-5 be amended to read as follows:
36-24-5. Board members shall be appointed for a term of three years.
However, members
who are on the board as of July 1, 1997, shall continue to serve until replaced by the Governor.
Each member shall serve until a successor has been appointed.
Section 58. That § 36-24-6 be amended to read as follows:
36-24-6. No member of the board may serve more than
two
three
consecutive
three-year
full
terms or be reappointed to the board until at least one year after the expiration of the member's
second
third
term of office.
The appointment to an unexpired term is not considered a full term.
The Governor may remove a member of the board for dishonorable conduct, incompetence, or
neglect of duty.
Section 59. That § 36-25-3 be amended to read as follows:
36-25-3. Members of the State Plumbing Commission shall be appointed for terms of
four
three
years.
The terms of the members who are first appointed after April 14, 1980, shall be: two
appointed for a term of one year; two appointed for a term of two years; and one appointed for
a term of four years, and such initial terms shall be designated by the Governor. Any member
appointed to fill a vacancy arising from other than the natural expiration of a term shall serve
for only the unexpired portion of the term.
The Governor may stagger the terms to enable the
commission to have different terms expire each year. Any member appointed to the commission
prior to July 1, 2005, shall serve the four-year term to which the member was originally
appointed. Any member appointed to the commission after July 1, 2005, shall serve a three-year
term. No member may serve more than three consecutive full terms. However, appointment to
fill an unexpired term is not considered a complete term for this purpose.
Section 60. That § 36-26-3 be amended to read as follows:
36-26-3.
There is hereby created the
The
South Dakota Board of Social Work Examiners,
which shall consist of five
consists of seven
members,
one of whom must be a lay member who
is a user of the services regulated by the board, two of whom shall be certified social workers,
one of whom shall be a social worker and one of whom shall be a social work associate, all
appointed by the Governor. The term "lay member who is a user" refers to a person who is not
licensed by the board but where practical uses the services licensed, and the meaning shall be
liberally construed to implement the purpose of this section
two of whom shall be lay members,
three of whom shall be certified social workers licensed under the provisions of this chapter to
engage in private independent practice, two of whom shall be social worker professionals
licensed under the provisions of this chapter each with a minimum of two years practice in the
State of South Dakota. The Governor shall appoint all of the members .
Section 61. That § 36-26-4 be repealed.
36-26-4.
In order to be eligible for appointment to the board, a person, other than the lay
member, shall have practiced social work in the State of South Dakota for not less than two
years, and shall be properly licensed under the provisions of this chapter.
Section 62. That § 36-26-5 be amended to read as follows:
36-26-5. Appointments to the board shall be for terms of three years, beginning on July first. No member of the board may serve for more than three successive full terms
;
. However,
appointment
of a member
to an unexpired term
shall be considered
is not considered
as a full
term.
Section 63. That § 36-27A-3 be amended to read as follows:
36-27A-3.
There is created a
The
Board of Examiners of Psychologists
which shall consist
of five
consists of seven
members,
one
two
of whom shall be
a lay member
lay members
. The
remaining
four
five
members are to be
licensed
psychologists
licensed pursuant to this chapter
at the doctoral level for a minimum of two years and
broadly representing a cross section of the
profession of psychology.
All members shall be appointed by the Governor.
The credentials of
each psychologist on the board shall be documented and shall be public record as provided in
chapter 1-27. The Governor shall appoint all of the members.
Section 64. That § 36-27A-4 be repealed.
36-27A-4.
Appointments to the Board of Examiners of Psychologists shall be of individuals
qualified under § 36-27A-5. Initial psychologist members of the board shall complete an
application for licensure required of applicants for licensure. The board shall act on the
application of each initial appointee, with the appointee involved abstaining, in order for
licensure to be granted to that appointee. The term "lay member" means a person who is not
licensed by the board but who may use the services of a licensed psychologist, and the meaning
shall be liberally construed to implement the purpose of this section.
Section 65. That § 36-27A-5 be repealed.
36-27A-5.
To be eligible for appointment to the Board of Examiners of Psychologists, a
person, other than a lay member, shall have a doctoral degree from a regionally accredited
university or college in a program in psychology and shall have had a supervised psychological
internship amounting to not less than one thousand eight hundred hours in duration over a
period of not more than two consecutive calendar years and shall have engaged in the
postdoctoral practice of psychology in the State of South Dakota for not less than two years. The
credentials of each psychologist on the board shall be documented and shall be public record
as provided in chapter 1-27.
Section 66. That § 36-27A-7 be amended to read as follows:
36-27A-7. The Governor may remove a member of the Board of Examiners of Psychologists for cause. If there is a vacancy on the board caused by the death, resignation , or removal from the state of a member or for any other reason, the Governor shall appoint a new member to serve the unexpired term. No member of the board may serve for more than
two
three
successive
full
terms. The appointment
of a member
to an unexpired term is
not
considered a full term.
Section 67. That § 36-28-2 be amended to read as follows:
36-28-2.
There is hereby created the
The
South Dakota State Board for Nursing Facility
Administrators
which shall consist
consists
of eleven members. The members of the board shall
be appointed by the Governor and shall include
:
one licensed physician and one registered
nurse, neither of whom
shall
may
be an administrator or an employee of a nursing facility nor
have any direct financial interest in nursing facilities; one practicing hospital administrator who
is also licensed as a nursing facility administrator; two practicing administrators of proprietary
nursing facilities; two practicing administrators of nonprofit nursing facilities; a designee of the
secretary of health; a designee of the
director of social welfare
secretary of social services
; and,
two members of the general public who are not administrators or employees of a nursing facility
and who have no direct financial interest in nursing facilities. The terms of all members shall
be three years.
No member may serve more than three consecutive full terms.
The designees of
the health and
welfare
social services
departments shall serve without compensation and
reimbursement as provided in § 36-28-25, except that their travel expenses shall be paid by their
respective agencies pursuant to § 3-9-2.
Appointments to the board shall be made by the
Governor after consultation with the associations appropriate to the professions representative
of the vacancies to be filled.
The appointment to an unexpired term is not considered a full term.
Section 68. That § 36-29-8 be amended to read as follows:
36-29-8.
There is created an
The board shall appoint an
athletic training committee
, which
shall be comprised
composed
of three residents of this state who are licensed to practice athletic
training in the state, one of
which
whom
shall be a registered physical therapist. This committee
shall
meet at least annually or as deemed necessary to conduct business. The committee shall
assist the Board of Medical and Osteopathic Examiners in conducting exams and shall assist the
board in all matters pertaining to the licensure, practice and discipline of those licensed to
practice athletic training in this state and the establishment of rules
and regulations
pertaining
to athletic training.
The South Dakota Athletic Trainers' Association shall nominate two people
for each vacancy at least six months prior to the vacancy.
Each person appointed to the
committee after the initial members shall serve for a period of three years.
The board shall fill
the vacancy from a list of nominees presented by the South Dakota Athletic Trainers'
Association. In the event
No committee member may be appointed to more than three
consecutive full terms. If
a vacancy arises due to death, retirement
,
or removal from the state,
such
the
vacancy shall be filled in the same manner as original appointments. The member shall
serve the remainder of the unexpired term.
The appointment to an unexpired term is not
considered a full term.
Section 69. That § 36-29-19 be amended to read as follows:
36-29-19. The proceedings for cancellation, revocation, or suspension of a license may be initiated when the Board of Medical and Osteopathic Examiners has written information that any person may have been guilty of any misconduct pursuant to § 36-29-18 or is guilty of
gross
incompetence or unprofessional or dishonorable conduct.
Section 70. That § 36-31-2 be amended to read as follows:
36-31-2.
There is hereby established an
The board shall appoint an
occupational therapy
committee
consisting
composed
of three registered occupational therapists or two registered
occupational therapists and one certified occupational therapy assistant
, who
. The committee
shall assist the Board of Examiners in approving qualifications of persons applying for a license
to practice occupational therapy in South Dakota, or the promulgation of rules pertaining to
occupational therapy, including guidelines for continuing competency.
Committee appointments
shall be made within six months of July 1, 1986.
The committee shall meet a minimum of two
times per year.
The South Dakota occupational therapy association may at a regular or special
meeting held within six months prior to the existence of any vacancy on the committee,
nominate two persons for each vacancy on the committee.
All persons appointed to
such
the
board after the first members shall serve for a period of three years.
The Board of Examiners
may select from the list of nominees presented to it, as certified by the secretary of the
association, persons to serve on such committee. Any
No member may serve more than three
consecutive full terms. Each
person nominated to serve on such committee shall have the
following qualifications:
Section 55. That § 36-21A-14 be amended to read as follows:
36-21A-14. Each member of the commission shall be appointed for a term of
Section 56. That § 36-24-4 be amended to read as follows:
36-24-4. The members of the board enumerated in § 36-24-3 shall be appointed by the Governor
Section 57. That § 36-24-5 be amended to read as follows:
36-24-5. Board members shall be appointed for a term of three years.
Section 58. That § 36-24-6 be amended to read as follows:
36-24-6. No member of the board may serve more than
Section 59. That § 36-25-3 be amended to read as follows:
36-25-3. Members of the State Plumbing Commission shall be appointed for terms of
Section 60. That § 36-26-3 be amended to read as follows:
36-26-3.
State of South Dakota. The Governor shall appoint all of the members .
Section 61. That § 36-26-4 be repealed.
Section 62. That § 36-26-5 be amended to read as follows:
36-26-5. Appointments to the board shall be for terms of three years, beginning on July first. No member of the board may serve for more than three successive full terms
Section 63. That § 36-27A-3 be amended to read as follows:
36-27A-3.
Section 64. That § 36-27A-4 be repealed.
Section 65. That § 36-27A-5 be repealed.
Section 66. That § 36-27A-7 be amended to read as follows:
36-27A-7. The Governor may remove a member of the Board of Examiners of Psychologists for cause. If there is a vacancy on the board caused by the death, resignation , or removal from the state of a member or for any other reason, the Governor shall appoint a new member to serve the unexpired term. No member of the board may serve for more than
Section 67. That § 36-28-2 be amended to read as follows:
36-28-2.
Section 68. That § 36-29-8 be amended to read as follows:
36-29-8.
Section 69. That § 36-29-19 be amended to read as follows:
36-29-19. The proceedings for cancellation, revocation, or suspension of a license may be initiated when the Board of Medical and Osteopathic Examiners has written information that any person may have been guilty of any misconduct pursuant to § 36-29-18 or is guilty of
Section 70. That § 36-31-2 be amended to read as follows:
36-31-2.
(1)
They
The person
shall be
residents
a resident
of South Dakota;
(2)
They
The person
shall be licensed to practice occupational therapy in South Dakota;
and
(3)
They
The person
shall have practiced
occupational therapy
a minimum of three years.
If any vacancy arises on
such
the
committee
by reason of death, retirement, removal from
this state, or otherwise of any member serving on such committee, such
, the
vacancy shall be
filled in the same manner as original appointments
thereto are made and the term of the
. The
member
chosen to fill a vacancy
shall
be for
serve
the remainder of the unexpired term
of the
committee member he is replacing
. The appointment to an unexpired term is not considered a
full term
.
Section 71. That § 36-31-15 be amended to read as follows:
36-31-15. A proceeding for cancellation, revocation, or suspension of a license may be initiated if the board has written information that any person may have been guilty of any misconduct pursuant to § 36-31-14, or is guilty of
gross
incompetence or unprofessional or
dishonorable conduct.
Section 72. That § 36-32-2 be amended to read as follows:
36-32-2.
There is hereby created the
The
South Dakota Board of Counselor Examiners,
which shall consist of seven
consists of nine
members,
one of whom shall be a lay member
representing consumers of the services regulated by the board, one of whom shall be a counselor
educator, one of whom shall be a licensed marriage and family therapist, one of whom shall be
a licensed professional counselor--mental health, and two of whom shall be from any
three of
whom shall be lay members and six of whom shall be professionals actively engaged in
professional counseling or marriage and family therapy and broadly representing a cross section
of the licensed disciplines governed by this board
, all appointed by the Governor. All members
with the exception of the lay member and the counselor educator shall be engaged in rendering
counseling services
. The Governor shall appoint all of the members
.
Section 73. That § 36-32-3 be amended to read as follows:
36-32-3. In order to be eligible for appointment to the board as a professional member , a person
, other than the lay member,
shall be licensed pursuant to this chapter
or chapter 36-33
.
However, the initial appointees must meet the qualifications for licensure and shall become
licensed professional counselors upon their appointment as members of the board.
Section 74. That § 36-32-4 be amended to read as follows:
36-32-4. Appointments to the board shall be for terms of three years
, beginning
and begin
on July first. No member of the board may serve for more than three successive
full
terms
;
appointment of a member
. Appointment
to an unexpired term
shall be
is not
considered
as
a full
term.
Section 75. That § 36-33-3 be repealed.
36-33-3.
The board shall appoint a Marriage and Family Therapists' Advisory Committee
composed of five members. Four of the members shall be clinical members of the American
Association for Marriage and Family Therapy and the other member shall be an individual
representing the public who is unaffiliated with the profession.
Section 71. That § 36-31-15 be amended to read as follows:
36-31-15. A proceeding for cancellation, revocation, or suspension of a license may be initiated if the board has written information that any person may have been guilty of any misconduct pursuant to § 36-31-14, or is guilty of
Section 72. That § 36-32-2 be amended to read as follows:
36-32-2.
Section 73. That § 36-32-3 be amended to read as follows:
36-32-3. In order to be eligible for appointment to the board as a professional member , a person
Section 74. That § 36-32-4 be amended to read as follows:
36-32-4. Appointments to the board shall be for terms of three years
Section 75. That § 36-33-3 be repealed.
Committee members shall be selected from a list of nominees submitted by the South
Dakota Association for Marriage and Family Therapy. Each committee member shall serve a
term of three years, except initial appointees whose terms shall be staggered so that no more
than two members' terms expire in any one year. If a vacancy occurs, the board shall appoint a
person to fill the unexpired term.
The advisory committee shall assist the board in evaluating the qualifications of applicants
for licensure and reviewing the examination results of applicants. The committee shall also
make recommendations to the board regarding rules promulgated pursuant to this chapter.
Section 76. That § 36-34-2 be amended to read as follows:
36-34-2.
There is hereby created the
The
South Dakota Certification Board for Alcohol and
Drug Professionals
that
consists of nine members
, three of whom shall be lay members and six
of whom shall be professionals certified pursuant to this chapter. Each professional member
shall be active within the chemical dependency profession and broadly represent a cross section
of the profession of chemical dependency counseling and prevention services
.
One member
shall be a lay member and resident of the state; one member shall be an educator from an
addiction studies postsecondary education program; four members shall be certified chemical
dependency counselors in active practice within the state and broadly representing a cross
section of the profession of chemical dependency counseling; one member shall be a certified
prevention specialist; one member shall be an attorney licensed to practice law in the State of
South Dakota; and one member shall be a certified practitioner who is an enrolled member of
a tribe.
This board replaces the functions previously performed by the South Dakota Chemical
Dependency Counselor Certification Board, a private nonprofit entity doing business as the
Certification Board for Alcohol and Drug Professionals.
Section 77. That § 36-34-3 be amended to read as follows:
36-34-3. The Governor shall appoint the members to the board
. Initial appointments to the
board shall be staggered for terms of one, two, and three years, with three members appointed
for one year, three members appointed for two years, and three members appointed for three
years. Thereafter, appointments shall be
for terms of three years
beginning
which shall begin
on the first day of July.
Any board member appointed prior to July 1, 2005, shall complete the
member's unexpired term. Thereafter, appointment shall be for a term of three years beginning
upon expiration of the term.
Section 78. That § 36-34-4 be amended to read as follows:
36-34-4. The Governor may remove any member of the board for cause. If there is a vacancy on the board
caused by the death, resignation, removal from the state of any member, or for any
other reason,
the Governor shall appoint a new member to serve the unexpired term. No member
of the board may serve for more than
two
three
successive full terms.
The appointment to an
unexpired term is not considered a full term.
Section 79. The effective date of sections 11 and 13 of this Act is December 30, 2006.
Section 80. The effective date of sections 31, 33, and 35 of this Act is September 30, 2006.
Section 76. That § 36-34-2 be amended to read as follows:
36-34-2.
Section 77. That § 36-34-3 be amended to read as follows:
36-34-3. The Governor shall appoint the members to the board
Section 78. That § 36-34-4 be amended to read as follows:
36-34-4. The Governor may remove any member of the board for cause. If there is a vacancy on the board
Section 79. The effective date of sections 11 and 13 of this Act is December 30, 2006.
Section 80. The effective date of sections 31, 33, and 35 of this Act is September 30, 2006.
