FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of licensing massage therapists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 36-35-12 be amended to read as follows:
    36-35-12. The board shall issue a license to engage in the practice of massage to any person who submits an application form and the nonrefundable application fee as approved in § 36-35-17 and who demonstrates the following qualifications:

            (1)    Eighteen years of age or older;

            (2)    High school diploma or equivalent;

            (3)    Completion of no less than five hundred hours of training or study in the practice of massage with a facility or instructor recognized by the board;

            (4)(3)    Absence of unprofessional conduct;

            (5)(4)    Professional liability insurance coverage pursuant to § 36-35-21; and

            (6)(5)    Passing score on a nationally recognized competency examination approved by the board in rules promulgated pursuant to chapter 1-26.

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    The board may refuse to grant a license to any person based on failure to demonstrate the requirements of this section. The board may grant a license, subdivision 36-35-21(1) notwithstanding, if the applicant has been convicted of, or pled guilty to a felony, any crime involving or relating to the practice of massage, or any crime involving dishonesty or moral turpitude and the board determines that the plea or conviction is of a nature or is sufficiently remote in time that the applicant does not constitute a risk to public safety. An applicant may appeal the denial of a license in compliance with chapter 1-26.
    Section 2. That § 36-35-12.1 be amended to read as follows:
    36-35-12.1. Upon application and payment of a fee not to exceed seventy-five dollars, the board may issue a temporary permit to practice as a licensed massage therapist to an applicant who has met the requirements of subdivision 36-35-12(1) to (5)(4), inclusive, pending completion and results of the examination required pursuant to subdivision 36-35-12(6) 36-35-12(5). A temporary license may be issued no more than twice and is effective for a term of not more than one hundred eighty days. A temporary license expires on the occurrence of the following:

            (1)    Issuance of a regular license;

            (2)    Failure to pass the licensing examination; or

            (3)    Expiration of the term for which the temporary license was issued.
    Section 3. That § 36-35-13 be amended to read as follows:
    36-35-13. For the purposes of this chapter, any of the following acts constitute unprofessional conduct:

            (1)    Conviction of or a plea of guilty to any felony, any crime involving or relating to the practice of massage, or any crime involving dishonesty or moral turpitude;

            (2)    Providing the board false or misleading information on any application for a license

or renewal of a license;

            (3)    Willful misconduct or negligence in the practice of massage;

            (4)    Exceeding the scope of practice of massage as defined in § 36-35-1;

            (5)    Engaging in any lewd or immoral conduct;

            (6)    Making fraudulent charges for services;

            (7)    Engaging in conduct which endangers the health or welfare of clients or other persons; or

            (8)    Failure to comply with any provision of this chapter.