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:
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) 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;
(3) Absence of unprofessional conduct;
(4) Professional liability insurance coverage pursuant to § 36-35-21; and
(5) Passing score on a nationally recognized competency examination approved by the board
in rules promulgated pursuant to chapter 1-26.
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 36-35-13(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
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 (4), inclusive, pending completion and results of the
examination required pursuant to subdivision 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:
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.
An Act to revise certain provisions regarding the regulation of licensing massage therapists.
An Act to revise certain provisions regarding the regulation of licensing massage therapists.
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I certify that the attached Act originated in the
HOUSE as Bill No. 1102
____________________________
Chief Clerk ____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
____________________________
Attest:
____________________________
Secretary of the Senate
House Bill No. 1102 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
