BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-35-1 be amended to read:
36-35-1. Terms in this chapter mean:
Section 2. That § 36-35-2 be amended to read:
36-35-2. The board consists of five members appointed by the Governor. The term of a board member is three years. One member of the board shall be a person not licensed by the board. Four members of the board shall be persons licensed by the board. The Governor shall fill any vacancy by appointment to complete the unexpired portion of the vacancy. No person may serve more than three consecutive full terms on the board. The appointment to an unexpired term is not considered a full term.
Section 3. That § 36-35-4 be amended to read:
36-35-4. The board shall annually elect from its members a president, vice-president, and secretary.
Section 4. That § 36-35-5 be amended to read:
36-35-5. The board shall hold at least two meetings per year at a place and time set by the board. The board may hold additional meetings at a time and place set by the president or a majority of the board.
Section 5. That § 36-35-8 be amended to read:
36-35-8. Any person engaged in the practice of massage in this state shall conspicuously display a valid license from the board in the licensee's regular place of business. If the licensee is providing massage therapy outside of the licensee's regular place of business, the licensee shall, upon request, produce photo identification and proof of licensure. Failure to comply with this section is a petty offense.
Section 6. That § 36-35-10 be amended to read:
36-35-10. Any person who engages in the practice of massage or holds himself or herself out to the public as engaged in the practice of massage without a license issued pursuant to this chapter, or owns, operates or manages a business which knowingly employs or contracts with any unlicensed person to offer or provide massage therapy, is guilty of a Class 1 misdemeanor. The board may bring a civil action to enjoin any violation of this chapter.
Section 7. That § 36-35-12.1 be amended to read:
36-35-12.1. Upon application and payment of an application fee not to exceed seventy-five
dollars, the board may issue a temporary permit to practice massage therapy 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), if the applicant intends to practice
massage therapy in the state during the time the permit is valid. A temporary permit may be issued
no more than twice and is effective for a term of not more than ninety days. A temporary permit
automatically expires on the occurrence of the following:
Section 8. That § 36-35-12.2 be repealed.
Section 9. That § 36-35-12.3 be amended to read:
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.
Section 10. That § 36-35-13 be amended to read:
36-35-13. For the purposes of this chapter, any of the following acts constitute unprofessional conduct:
Section 11. That § 36-35-14 be repealed.
Section 12. That § 36-35-15 be amended to read:
36-35-15. Notwithstanding the provisions of § 36-35-12, the board may issue a license to an applicant licensed to practice massage therapy in another state if the applicant demonstrates the following qualifications:
Section 13. That § 36-35-16 be amended to read:
36-35-16. Any licensee holding a valid license under this chapter may renew that license by making 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 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. Any person who submits a license renewal application 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.
Section 14. That § 36-35-18.1 be amended to read:
36-35-18.1. The board may place a massage therapy license on inactive status upon submission
of an application and payment of the application fee.
Section 15. That § 36-35-20 be amended to read:
36-35-20. The board may receive and investigate any complaint filed with the board alleging a
violation of this chapter. The board may inspect the place of business of the licensee named in a
complaint during normal business hours or upon written notice.
Section 16. That § 36-35-22 be amended to read:
36-35-22. The board may cancel, suspend, or revoke a license following a contested case hearing
in compliance with chapter 1-26 upon satisfactory proof of incompetence, unprofessional conduct,
or a violation of any provision of this chapter. The board may waive the requirement of prior notice
and an informal meeting set forth in § 1-26-29 if the licensee presents an immediate threat to the
public or has engaged in willful misconduct. Any licensee may appeal the cancellation, suspension,
or revocation of a license in compliance with chapter 1-26.
Section 17. That § 36-35-24 be amended to read:
36-35-24. The board may promulgate rules pursuant to chapter 1-26 to establish:
Section 18. That § 36-35-25 be amended to read:
36-35-25. The provisions of this chapter do not apply to any person performing massage for compensation if the massage is done under one of the following circumstances:
Section 19. That chapter 36-35 be amended by adding a NEW SECTION to read:
An Act to revise certain provisions regarding licensure of massage therapists.
I certify that the attached Act originated in the
HOUSE as Bill No. 1027
____________________________
Chief Clerk ____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
____________________________
Attest:
____________________________
Secretary of the Senate
House Bill No. 1027 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 _________________________ |