An Act to modify massage therapist licensure requirements and to create a penalty therefor.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 36-35:

An advertisement for massage therapy by a licensee must include the licensee's license number.

A violation of this section is a Class 1 misdemeanor.

Section 2. That § 36-35-10 be AMENDED:

36-35-10. Any person who engagesA person is guilty of a Class 1 misdemeanor if a person:

(1) Engages in the practice of massage or holds himself or herself oneself out to the public as engaged in the practice of massage, without a license being licensed issued pursuant to this chapter, or owns,;

(2) Owns, operates, or manages a business which that knowingly employs or contracts with any unlicensed person to offer or provide massage therapy, is guilty of a Class 1 misdemeanor; or

(3) Uses the title "massage therapist," "bodywork therapist," "Licensed Massage Therapist," or the acronym "LMT," or any other words, abbreviations, or insignia indicating or implying, directly or indirectly, that the person may provide massage therapy, without possessing a license issued in accordance with this chapter.

The board may bring a civil action to enjoin any violation of this chapter.

Section 3. That § 36-35-12.3 be AMENDED:

36-35-12.3. A license issued under this chapter is valid until September thirtieth following the date it is issued and automatically expires unless it is renewed expires two years from the date the license was issued.

Section 4. That § 36-35-16 be AMENDED:

36-35-16. Any licensee holding a valid license under this chapter may renew that license by making submitting an application for renewal, paying the required renewal fee, and providing proof of compliance with the continuing education requirements set by the board.

If the board has not received a license renewal application by the expiration date, the board shall must notify the licensee, within five days, that the renewal application has not been received and that the licensee may not practice until the license is renewed.

An application for a license renewal that is submitted within thirty days after the expiration date of the license must be accompanied by a late fee established by the board pursuant to § 36-35-24, which may be no more than thirty dollars.

Any person who submits a license renewal application, pays the license renewal fee and the late fee, and provides proof of compliance with the continuing education requirements set by the board, within thirty days after the expiration date, may be granted a license renewal.