TITLE 36
PROFESSIONS AND OCCUPATIONS
Chapter
01 Restoration Of Professional And Occupational Licenses After Military Service
01A Review Of Applications For Regulation [Repealed]
01B Expedited License Procedure For Military Personnel And Spouses
01C Uniform Complaint And Declaratory Ruling Procedures
01D Licensure By Endorsement
02 Practitioners Of Healing Arts In General
02A Health Professionals Assistance Program
03 Basic Science Certificates [Repealed]
04 Physicians And Surgeons
04A Physician Assistants
04B Advanced Life Support Personnel
04C Respiratory Care Practitioners
05 Chiropractors
06 Dentists And Dental Hygienists [Transferred]
06A Dentists, Dental Hygienists And Dental Auxiliaries
07 Optometrists
08 Podiatrists
09 Registered And Practical Nurses
09A Certified Nurse Practitioners And Certified Nurse Midwives
09B Medical Assistants [Repealed]
09C Certified Professional Midwives
09D Advanced Practice Registered Nurse Compact
10 Physical Therapists
10A Massage And Massage Establishments [Repealed]
10B Dietetics And Nutrition
11 Pharmacies And Pharmacists
11A Wholesale Drug Distributors
12 Veterinarians
13 Abstracters Of Title
14 Barbers And Barbershops
15 Cosmetologists, Estheticians, Nail Technicians, And Salons
16 Electricians And Electrical Contractors
17 Employment Agencies [Repealed And Transferred]
18 Engineers, Architects And Land Surveyors [Repealed]
18A Technical Professions
19 Funeral Directors And Establishments
20 Public Accountants [Repealed]
20A Public Accountants [Repealed]
20B Public Accountants
21 Real Estate Brokers And Salesmen [Repealed]
21A Real Estate Licensing
21B Real Estate Appraisers
21C Home Inspectors
21D Appraisal Management Companies
22 Registered Sanitarians [Repealed]
22A Water Supply And Treatment System Operators [Repealed And Transferred]
23 Sanitary Licensees [Transferred]
24 Hearing Aid Dispensers And Audiologists
25 Plumbers
26 Social Workers
26A Social Work Licensure Compact
27 Psychologists [Repealed]
27A Psychologists
27B Psychology Interjurisdictional Compact
28 Nursing Facility Administrators
29 Athletic Trainers
30 Polygraph Examiners
31 Occupational Therapists
31A Interstate Compact On Occupational Therapy Licensure
32 Professional Counselors
32A Counseling Licensure Compact
33 Marriage And Family Therapists
34 Addiction And Prevention Professionals
35 Massage Therapists
36 Genetic Counselors
37 Speech-Language Pathologists
38 Behavior Analysts
CHAPTER 36-1
RESTORATION OF PROFESSIONAL AND OCCUPATIONAL LICENSES AFTER MILITARY SERVICE
36-1-1 Veterans entitled to reinstatement of professional or occupational status after discharge--Compliance with current requirements--Written evidence of authority.
36-1-2 Components of armed forces in which qualifying service rendered.
36-1-3 Retroactive operation of chapter.
36-1A-1
Repealed.
36-1A-2 to 36-1A-4. Repealed.
36-1A-5
Repealed.
36-1A-6 to 36-1A-12. Repealed.
36-1B-1
Expedited issuance of license, certificate, registration, or permit for active duty
military personnel and spouses--Requirements.
36-1B-2
Repealed.
36-1B-2.1
Renewal of license, certificate, registration, or permit.
36-1B-3
Repealed.
36-1B-4
Fees.
36-1B-5
Promulgation of rules.
36-1B-6
Application of chapter.
CHAPTER 36-1C
UNIFORM COMPLAINT AND DECLARATORY RULING PROCEDURES
36-1C-1 Definitions.
36-1C-2 Complaints--Jurisdiction.
36-1C-3 Receipt of complaint--Time to respond--Failure to respond.
36-1C-4 Investigation--Dismissal permitted.
36-1C-5 Option to authorize limited administrative fines for specified violations.
36-1C-6 Informal disposition--Notice.
36-1C-7 Formal complaint.
36-1C-8 Response to formal complaint.
36-1C-9 Notice of hearing.
36-1C-10 Appearance required of applicant or licensee.
36-1C-11 Board or commission member disqualified.
36-1C-12 Written waiver of procedures.
36-1C-13 Promulgation of rules.
36-1C-14 Petition for declaratory ruling.
36-1C-15 Action on petition.
36-1C-16 Appeal of declaratory ruling.
36-1C-17 Criminal history--Adverse action limited--Related convictions--Rehabilitation considered.
36-1C-18 Criminal history--Prohibited agency actions.
36-1C-19 Criminal history--Disclosure--Documentation--Adverse action permitted.
36-1C-20 Criminal history--Notice of adverse action--Hearing.
36-1C-21 Criminal history--Declaratory ruling permitted.
36-1C-22 Prior compact or agreement valid--Adverse action permitted--Background checks required.
CHAPTER 36-1D
LICENSURE BY ENDORSEMENT
36-1D-1 Eligibility--Licensure by endorsement.
36-1D-2 Provisional license--Duration.
36-1D-3 Application of chapter.
36-1D-4 Affected professions.
CHAPTER 36-2
PRACTITIONERS OF HEALING ARTS IN GENERAL
36-2-1 Definition of terms.
36-2-1.1 36-2-1.1. Repealed by SL 1978, ch 4, § 2 (5).
36-2-2 License required to diagnose or treat human ills--Practice subject to statutory limitations--Violation as misdemeanor.
36-2-3 Use of word "doctor" as evidence of practice--Basic science certificate required.
36-2-4 Legally qualified persons exempt.
36-2-5 Persons holding academic degrees exempt.
36-2-6 Psychoanalysts exempt.
36-2-7 Psychologists exempt.
36-2-8 Officers of armed forces and federal service exempt.
36-2-9 Consulting practitioners from other states exempt.
36-2-10 Religious practitioners exempt.
36-2-11 36-2-11. Repealed by SL 1992, ch 158, § 68.
36-2-12 Injunction to prevent violations--Election of remedies.
36-2-13 Practice statutes not repealed.
36-2-14 36-2-14. Transferred to §§ 36-2-1.1 and 36-3-1.1 and repealed by SL 1975, ch 230, § 1; SL 1978, ch 4, § 2(5).
36-2-15 Discrimination between practitioners of vision services prohibited to public employees.
36-2-16 Repealed.
36-2-16.1 Medical record--Definitions.
36-2-16.2 Medical record--Provision upon request.
36-2-16.3 Medical record--Patient portal access fee prohibited.
36-2-16.4 Medical record--Copy fees--Other costs.
36-2-16.5 Medical record--Search fee--Designees or third parties.
36-2-16.6 Medical record--Certification fee.
36-2-16.7 Medical record--Fees authorized for subpoena response.
36-2-17 Medical record--Immunity from liability.
36-2-18 Unaffiliated health care facility.
36-2-19 Practitioner prohibited from referring patient to certain unaffiliated health care facilities.
36-2-20 Assistance in birth if occurs other than in hospital or medical clinic.
36-2-21 Department authorized to process waiver requests for international medical graduates.
36-2-22 Department authorized to issue rules for processing waiver requests--Scope--Fee.
CHAPTER 36-2A
HEALTH PROFESSIONALS ASSISTANCE PROGRAM
36-2A-1 Definitions.
36-2A-1.1 Health professional assistance program--Relation to sanctions.
36-2A-2 Health professional assistance program--Standards.
36-2A-3 Repealed
36-2A-4 Repealed
36-2A-5 Repealed
36-2A-6 Application to program--Admission evaluation.
36-2A-7 Eligibility.
36-2A-8 Denial of admission.
36-2A-9 Participation components.
36-2A-10 Repealed
36-2A-11 Repealed
36-2A-12 Confidentiality of participants' records.
36-2A-13 Immunity for reports and actions related to duties.
36-2A-14 Promulgation of rules.
36-2A-15 Repealed
36-2A-16 Physician wellness program defined--Students eligible.
36-2A-17 Physician wellness program--Confidentiality--Exemption.
36-2A-18 Physician wellness program--Statewide association.
36-2A-19 Physician wellness program--Civil liability.
CHAPTER 36-4
PHYSICIANS AND SURGEONS
36-4-1 State Board of Medical Examiners--Appointment and terms of members--Vacancies.
36-4-1.1 Member presence and participation--Physician matters.
36-4-2 Repealed.
36-4-2.1 Repealed.
36-4-3 Officers of board--Executive secretary--Seal.
36-4-4 Meetings of board--Communication with appointed councils.
36-4-4.1 Board continued within Department of Health--Records and reports.
36-4-5 Compensation and expenses of board members--Fees held in special fund--Bond--Payments from fund.
36-4-6 Equipment, supplies, and services for board--Expenses restricted to revenue.
36-4-7 Annual report to Governor.
36-4-8 Practice of medicine or medical abortion--Severity of crimes.
36-4-8.1 Corporation prohibited from practice of medicine or osteopathy.
36-4-8.2 Surgery constituting practice of medicine.
36-4-9 Use of title and other acts constituting practice of medicine.
36-4-10 Practitioners and officers exempt from chapter--Application to previously licensed physicians.
36-4-11 Application for license--Qualifications of licensee--Examination--Educational requirements.
36-4-11.1 Criminal background investigation of applicants for licensure and expedited licensure and licensees under disciplinary investigation.
36-4-12 36-4-12. Repealed by SL 1985, ch 297, § 7.
36-4-12.1 Application of medical or osteopathic college for approval--Inspection.
36-4-12.2 List of approved colleges.
36-4-12.3 Hearing on refusal to approve college.
36-4-12.4 Information furnished by approved colleges.
36-4-12.5 Hearing on refusal to renew approval of college.
36-4-13 Hospitals recognized for internship--Inspection by board.
36-4-14 36-4-14. Repealed by SL 1973, ch 241, § 15.
36-4-15 False or fraudulent diploma or affidavit as misdemeanor.
36-4-16 Return of fee on withdrawal of application or failure to examine.
36-4-17 Written examination required--Discrimination between systems of medicine prohibited--Minimum grade--Reexamination--Fee--Preservation of grades.
36-4-17.1 Examination of applicant with dual MD-PhD degree.
36-4-18 Grant of license to practice--Type of practice stated on license.
36-4-19 License based on certificate from national board or another state--Fee.
36-4-19.1 Contents of application for license based on certificate from national board or another jurisdiction--Consideration by board.
36-4-20 Temporary permits for supervised practice in state institution--Qualifications of applicants--Duration and renewal.
36-4-20.1 Locum tenens certificate defined.
36-4-20.2 Petition and application for locum tenens certificate--Fee--Personal appearance required.
36-4-20.3 Issuance of locum tenens certificate by single member of board--Notice to other members--Objections and cancellation.
36-4-20.4 Duration of locum tenens certificates--Privileges of certificate holder.
36-4-20.5 36-4-20.5. Repealed by SL 1986, ch 27, § 41.
36-4-20.6 Resident license defined.
36-4-20.7 Issuance of resident license--Application--Fee.
36-4-20.8 Term of resident license.
36-4-20.9 36-4-20.9 to 36-4-20.11. Repealed by SL 2013, ch 172, §§ 4 to 6.
36-4-20.12 Renewal of resident license.
36-4-20.13 Time for renewal.
36-4-21 36-4-21. Repealed by SL 1977, ch 190, § 142.
36-4-22 36-4-22. Repealed by SL 1981, ch 273.
36-4-22.1 Board access to premises where medicine practiced--Inspection of drug records and inventories--Refusal as misdemeanor--Confidentiality.
36-4-22.2 Report of facility suspending or revoking licensee's privilege to practice medicine therein--Immunity.
36-4-23 Advertising and printed material to show type of practice for which licensed--Violation as misdemeanor.
36-4-24 36-4-24. Repealed by omission from SL 1969, ch 105, § 5.
36-4-24.1 Renewal of license--Form--Fee.
36-4-24.2 Forfeiture of license for failure to renew--Renewal on application.
36-4-24.3 Practice without license, certificate, or permit and renewal prohibited--Violation as misdemeanor.
36-4-25 Immunity from liability for acts of members of professional committees or hospital officials.
36-4-26 Hospital and society liability not affected by immunity.
36-4-26.1 Proceedings of peer review committees confidential and privileged--Availability to physician subject of proceedings.
36-4-26.2 Patient records available to patient--Expert opinion as to care of patient--Restrictions on use of expert testimony.
36-4-27 Violation of chapter as misdemeanor.
36-4-28 Grounds for refusal of license, resident license, or certificate.
36-4-29 Grounds for cancellation, revocation, suspension or limitation of license, resident license, or certificate.
36-4-29.1 Summary suspension of license, resident license, or certificate--Hearing.
36-4-30 Acts considered unprofessional conduct--Criminal prosecution.
36-4-30.1 Report of unprofessional conduct and certain changes.
36-4-31 Proceedings for cancellation, revocation, or suspension of license, resident license, or certificate.
36-4-31.1 36-4-31.1 to 36-4-31.3. Omitted.
36-4-31.4 Reissuance of canceled, suspended, or revoked license, resident license, or certificate.
36-4-31.5 Evidence in cancellation, revocation, suspension, or limitation proceedings confidential.
36-4-31.6 Application of contested case procedure.
36-4-32 Suspension of license, resident license, or certificate for mental incompetence.
36-4-33 Appeal from acts, rulings or decisions of Board of Examiners.
36-4-34 Injunction to restrain practice for statutory violation, unprofessional conduct, or incompetence--Election of remedies.
36-4-35 Promulgation of rules by board.
36-4-36 Previously licensed physicians not affected.
36-4-37 Transfer of active patient records--Destruction--Notice.
36-4-38 Destruction of inactive patient records.
36-4-39 Physicians licensed in other jurisdictions permitted to provide certain services without state license.
36-4-40 Supervision and discipline of holder of permanent, unrestricted license to practice medicine or osteopathy.
36-4-41 Practice of medicine or osteopathy in South Dakota while located outside of state.
36-4-42 Peer review committee defined.
36-4-43 Peer review activities defined.
36-4-44 Interstate Medical Licensure Compact adopted.
36-4-45 Use of general funds to support Interstate Medical Licensure Compact prohibited.
36-4-46 Practice of certified professional midwife.
36-4-47 Medical abortion--Procedure.
36-4-48 Medical abortion--Definition of term.
CHAPTER 36-4A
PHYSICIAN ASSISTANTS
36-4A-1 Definition of terms.
36-4A-1.1 Practice agreement defined.
36-4A-2 36-4A-2, 36-4A-3. Repealed by SL 2007, ch 207, §§ 28, 29.
36-4A-3.1 Physician assistant council--Appointment--Terms--Duties--Board communication.
36-4A-4 Unlawful practice as misdemeanor--Each violation as separate offense.
36-4A-5 Student activities not limited.
36-4A-6 Federal employees' activities not limited--Christian Scientists.
36-4A-7 36-4A-7. Repealed by SL 2007, ch 207, § 30.
36-4A-8 Issuance of license--Qualifications.
36-4A-8.1 Temporary license--Expiration.
36-4A-8.2 Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees.
36-4A-9 36-4A-9. Repealed by SL 2007, ch 207, § 31.
36-4A-10 Assistants practicing when chapter enacted.
36-4A-11 36-4A-11 to 36-4A-19. Repealed by SL 2007, ch 207, §§ 32 to 41.
36-4A-19.1 36-4A-19.1. Repealed by SL 1994, ch 292, § 1.
36-4A-20 36-4A-20. Repealed by SL 2007, ch 207, § 42.
36-4A-20.1 Practice agreement not to include abortion.
36-4A-21 36-4A-21 to 36-4A-26. Repealed by SL 2007, ch 207, §§ 43 to 48.
36-4A-26.1 Physician assistant as agent of supervising physician--Provision of services delegated in practice agreement.
36-4A-26.2 Emergency or disaster services--Physician supervision.
36-4A-26.3 Civil liability for voluntary or gratuitous emergency medical assistance.
36-4A-27 Practice of auxiliary professions not authorized.
36-4A-28 Hospital rules applicable.
36-4A-29 Physician supervision--Methods.
36-4A-29.1 Modification of method and frequency of supervision--Number of physician assistants--Application.
36-4A-29.2 Conditions for physician supervision.
36-4A-30 Physician not relieved of professional responsibility.
36-4A-30.1 Employment arrangement of physician and physician assistant not limited.
36-4A-31 Renewal of physician assistant's license--Form.
36-4A-32 Continuing education required for renewal.
36-4A-33 Suspension of license not renewed--Reinstatement.
36-4A-34 Fees.
36-4A-35 36-4A-35. Repealed by SL 2007, ch 207, § 49.
36-4A-36 Collection and disposition of fees--Refunds not permitted.
36-4A-37 Nonrenewal, suspension, or revocation of license--Other disciplinary action.
36-4A-38 Unprofessional or dishonorable conduct defined.
36-4A-39 Right of appeal from board.
36-4A-40 Suspension of license for mental incompetence.
36-4A-41 Reissuance of canceled, revoked, or suspended license.
36-4A-42 Promulgation of rules by board.
36-4A-43 36-4A-43 to 36-4A-49. Repealed by SL 2007, ch 207, §§ 50 to 56.
CHAPTER 36-4B
ADVANCED LIFE SUPPORT PERSONNEL
36-4B-1 Definition of terms.
36-4B-2 Emergency medical services program.
36-4B-3 Emergency medical services personnel--License required--Penalty.
36-4B-4 Repealed
36-4B-5 Federal personnel not restricted--Religious groups not practicing medicine.
36-4B-6 Repealed
36-4B-7 Educational programs--Emergency medical personnel--Standards--Board approval.
36-4B-8 36-4B-8, 36-4B-9. Repealed by SL 1992, ch 268, §§ 5, 6.
36-4B-10 Repealed.
36-4B-11 Repealed.
36-4B-12 Educational programs--Emergency medical personnel--Approval withdrawal or denial.
36-4B-13 Issuance of emergency medical services personnel licenses--Qualifications of applicants.
36-4B-13.1 Background check--Applicants--Information confidential.
36-4B-13.2 Background check--Disciplinary investigation--Failure to submit.
36-4B-14 License issuance.
36-4B-15 Medical supervision--Direct and indirect control--Hardship exemption.
36-4B-16 Permitted practice--Emergency medical technician-intermediate/99.
36-4B-16.1 Permitted practice--Emergency medical technician-intermediate/85.
36-4B-16.2 Permitted practice--Advanced emergency medical technician.
36-4B-16.3 Permitted practice--Emergency medical responders.
36-4B-16.4 Permitted practice--Emergency medical technician.
36-4B-17 Permitted practice--Paramedics.
36-4B-18 Repealed.
36-4B-18.1 Critical care endorsement.
36-4B-18.2 Community paramedic endorsement.
36-4B-18.3 Community paramedic--Protocols and supervisory standards--Patient care plan.
36-4B-19 Functions delegated to other professions not authorized for advanced life support personnel.
36-4B-20 Emergency medical services personnel--Healthcare facility policies.
36-4B-21 Immunity from liability of licensees--Exceptions.
36-4B-22 Sponsoring organization--Immunity--Exceptions.
36-4B-23 Sponsoring organization individuals--Immunity--Exceptions.
36-4B-24 Supervising physician--Immunity--Exception.
36-4B-25 Immunity from liability of physician transferring patient--Conditions for immunity.
36-4B-26 License renewal--Requirements.
36-4B-27 Repealed.
36-4B-28 Suspension on failure to renew license--Reinstatement.
36-4B-29 Licensure fees--Promulgation of rules.
36-4B-30 Monthly payment of receipts into treasury--Credit to fund--Appropriation for expenses.
36-4B-31 Denial, suspension or revocation--Grounds.
36-4B-32 Appeal of board decisions.
36-4B-33 Repealed.
36-4B-34 Repealed.
36-4B-34.1 Peer review committee--Activities--Liability of members.
36-4B-34.2 Data of peer review committee--Disclosure--Discovery--Admissibility--Testimony.
36-4B-34.3 Application of § 36-4B-34.2 to observations made and records prepared during treatment--Testimony as witness.
36-4B-34.4 Peer review activity defined.
36-4B-35 Emergency medical services personnel program--Promulgation of rules.
36-4B-36 Repealed.
36-4B-37 Emergency medical services personnel council--Appointment--Terms--Meetings--Duties--Board communication.
36-4B-38 Repealed.
36-4B-39 Repealed.
36-4B-40 Repealed.
36-4B-41 Driver certification--Requirements.
36-4B-42 Reporting requirements.
CHAPTER 36-4C
RESPIRATORY CARE PRACTITIONERS
36-4C-1 Definition of terms.
36-4C-2 Respiratory care defined.
36-4C-3 Respiratory care authorized.
36-4C-4 Respiratory care practitioner's council--Appointment--Terms--Meetings--Duties--Board communication.
36-4C-5 Use of title and abbreviation.
36-4C-6 Medical practice not authorized.
36-4C-7 Construction of chapter.
36-4C-8 Temporary permit.
36-4C-9 Written application--Requirements.
36-4C-10 Qualification for license.
36-4C-11 Fee required for license or temporary permit.
36-4C-12 Renewal of license.
36-4C-13 Prescription and publication of fees.
36-4C-14 Promulgation of rules to set standards of practice.
36-4C-15 Revocation, suspension or cancellation of license or permit--Grounds.
36-4C-16 Initiation of revocation, suspension, or cancellation proceeding.
36-4C-17 Majority of board required for revocation, suspension or cancellation proceedings.
36-4C-18 Procedures for revocation, suspension or cancellation of license.
36-4C-19 Appeal by aggrieved party.
36-4C-20 Reinstatement of license or permit.
36-4C-21 Record keeping responsibilities of secretary of board.
36-4C-22 Recommendation of prosecution and civil actions.
36-4C-23 Investigation of violations.
36-4C-24 Injunction as alternative to criminal proceedings.
CHAPTER 36-5
CHIROPRACTORS
36-5-1 Scope of practice--Limitations--Inapplicability to physicians.
36-5-1.1 Definitions.
36-5-2 Advertising or practicing without license or annual license renewal--Misdemeanor.
36-5-2.1 Injunction for violation authorized.
36-5-2.2 Liability of violators for enforcement expenses.
36-5-3 Composition of board--Appointment and terms--Vacancies.
36-5-3.1 Repealed
36-5-4 Officers of board--Rules and regulations--Examination of candidates.
36-5-4.1 Records and reports.
36-5-5 Repealed
36-5-6 Acceptance of funds by the board--Separate fund--Payments from fund--Expense limited by revenue.
36-5-7 36-5-7. Repealed by SL 1982, ch 16, § 27.
36-5-8 Educational requirements for license.
36-5-9 Repealed
36-5-10 Repealed
36-5-11 Application for license--Fee.
36-5-12 Scope of examinations.
36-5-13 License without examination on certification from another state or national board--Fee.
36-5-14 Display of license.
36-5-14.1 Annual renewal of license--Fee.
36-5-14.2 Additional requirements for annual license.
36-5-14.3 Certain healing arts practitioners to participate in alternate health care delivery systems.
36-5-15 Rules of practice governing chiropractors--Privileges.
36-5-15.1 Chiropractic physician preceptor program.
36-5-15.2 Regulation and licensing of practice of chiropractic and chiropractic radiography--Enforcement--Hearing officers.
36-5-15.3 Education and experience requirement rules for practice of chiropractic radiography.
36-5-15.4 Repealed
36-5-15.5 Unlicensed practice of chiropractic radiography as misdemeanor.
36-5-16 Grounds for refusal or revocation of license--Procedure.
36-5-16.1 Suspension, reprimand, or probation in lieu of revocation--Hearing.
36-5-17 Appeal from board.
36-5-18 Repealed
36-5-19 Peer review committee--Immunity from liability--Conditions--Official immunity unaffected--Fee.
36-5-20 Disciplinary committee--Immunity from liability--Conditions--Official immunity unaffected.
36-5-21 Ethics committee--Immunity from liability--Conditions--Official immunity unaffected--Promulgation of rules.
36-5-22 Criminal background investigation of applicants for licensure.
36-5-23 Repealed
36-5-24 Application for certification as chiropractic assistant.
36-5-25 Minimum educational and training requirements--Continuing education requirements.
36-5-26 Out-of-state applicants.
36-5-27 Additional requirements for certification.
36-5-28 Revocation or suspension of registration.
36-5-29 Unauthorized practice as chiropractic assistant--Misdemeanor.
CHAPTER 36-6A
DENTISTS, DENTAL HYGIENISTS AND DENTAL AUXILIARIES
36-6A-1 Definitions.
36-6A-1.1 State Board of Dentistry--Members.
36-6A-2 36-6A-2. Repealed by SL 2005, ch 199, § 16.
36-6A-3 Appointment and term of lay member.
36-6A-4 Terms of office--Vacancies.
36-6A-5 Officers of board.
36-6A-6 Board continued within Department of Health--Records and reports.
36-6A-7 Acceptance of funds by board--Separate fund--Payments from fund--Expense limited by revenue.
36-6A-8 Compensation of board members and secretary-treasurer--Expenditures.
36-6A-9 Affiliation with American Association of Dental Boards and testing agency--Dues--Meetings.
36-6A-10 Board meetings.
36-6A-11 Quorum.
36-6A-12 Removal of member.
36-6A-13 Immunity from liability.
36-6A-14 Powers and duties of board.
36-6A-15 Restrictions on rule-making power of board.
36-6A-16 36-6A-16. Repealed by SL 2015, ch 199, § 14.
36-6A-17 Enforcement of chapter.
36-6A-18 Assistance in enforcement--Expenditures--Employment of attorney.
36-6A-19 Subpoena power of board--Administration of oaths.
36-6A-20 Depositions.
36-6A-21 36-6A-21. Repealed by SL 2015, ch 199, § 17.
36-6A-21.1 Inspection of premises--Confidentiality of records.
36-6A-22 Complaints--Records--Investigation--Dismissal--Hearing--Appeal.
36-6A-22.1 Report of suspension or revocation of practice privilege by facility.
36-6A-22.2 Discovery--Evidence in contested case--Personal injury or wrongful death actions.
36-6A-23 Sanctions authorized for violation of chapter.
36-6A-24 Summary suspension of license or registration--Grounds--Hearing--Appeal.
36-6A-25 Reinstatement of suspended or revoked license or registration.
36-6A-26 36-6A-26. Repealed by SL 2015, ch 199, § 25.
36-6A-27 Immunity from liability for acts of members of professional committees--Confidentiality of committee communications.
36-6A-28 Unauthorized practice or representation as dentist or dental hygienist, radiographer, registered assistant, or specialist--Misdemeanor.
36-6A-29 Fraudulent or misleading advertising--Misdemeanor.
36-6A-30 Sale, offer, or advertising of dental services by unlicensed or unregistered person prohibited--Misdemeanor.
36-6A-31 License required to practice dentistry--Exclusive responsibility of dentists.
36-6A-32 36-6A-32 to 36-6A-32.2. Repealed by SL 2015, ch 199, §§ 31 to 33.
36-6A-32.3 Prescription or administration of drugs.
36-6A-32.4 Performance of dental services outside scope of education, training, or experience prohibited.
36-6A-33 Persons excluded from unauthorized practice or prohibited services provisions.
36-6A-34 36-6A-34 to 36-6A-38. Repealed by SL 2015, ch 199, §§ 37 to 41.
36-6A-39 Fee-splitting as misdemeanor--Partnerships and employment excepted.
36-6A-40 License required to practice dental hygiene--Supervision of preventive and therapeutic services.
36-6A-40.1 Hygienist preventative and therapeutic services--Collaborative supervision--Requirements.
36-6A-40.2 Hygienist preventative and therapeutic services--Evidence of requirements--Fee--Promulgation of rules.
36-6A-41 Dentist responsible for dental hygienist or dental auxiliary--Differing levels of assistance based upon education.
36-6A-42 36-6A-42. Repealed by SL 2015, ch 199, § 46.
36-6A-43 Dental technicians.
36-6A-44 Criteria for license to practice dentistry.
36-6A-44.1 Criminal background investigation of applicants for licensure as dentist and licensees under disciplinary investigation--Fees.
36-6A-44.2 Criteria for license to practice as dental hygienist.
36-6A-45 36-6A-45, 36-6A-46. Repealed by SL 2015, ch 199, §§ 49, 51.
36-6A-47 Criteria for license to practice dentistry for person licensed in another state.
36-6A-47.1 Criteria for license to practice as dental hygienist for person licensed in another state.
36-6A-47.2 Certified translation of document.
36-6A-47.3 Refusal to grant license or registration due to incompetence or unprofessional or dishonorable conduct.
36-6A-48 Issuance or renewal of license.
36-6A-49 Temporary registration for dentist or dental hygienist licensed in another state.
36-6A-49.1 Temporary registration for applicant for license to practice as dentist or dental hygienist.
36-6A-49.2 Person practicing under temporary registration subject to board supervision and discipline.
36-6A-49.3 Teledentistry services to patient located in state is practice of dentistry in state.
36-6A-49.4 Teledentistry services to comply with chapter as if services provided in person.
36-6A-49.5 Chapter not applicable to dentist outside of state in consultation with in-state dentist.
36-6A-50 Fees.
36-6A-51 36-6A-51. Repealed by SL 2015, ch 199, § 64.
36-6A-52 Annual renewal of license or registration--Information and fee--Notice.
36-6A-53 36-6A-53. Repealed by SL 2015, ch 199, § 66.
36-6A-54 Display of certificates.
36-6A-55 Proof of continuing education or continuing competency.
36-6A-56 36-6A-56. Repealed by SL 2015, ch 199, § 69.
36-6A-57 Reexamination on failure to comply with continuing education or competency requirements--Suspension of license.
36-6A-58 Notice to board of change of name or address.
36-6A-59 Disciplinary sanctions for professional incompetence, unprofessional or dishonorable conduct, or violation of chapter--Physical or mental examination.
36-6A-59.1 Unprofessional or dishonorable conduct.
36-6A-59.2 Prohibited contracts.
36-6A-60 Proof of licensure or registration in prosecution for violation.
CHAPTER 36-7
OPTOMETRISTS
36-7-1 Optometry--Scope of practice.
36-7-1.1 Repealed.
36-7-1.2 Repealed.
36-7-1.3 Definition--Board.
36-7-1.4 Expanded scope of practice--Prerequisites.
36-7-1.5 Expanded scope of practice--Competency demonstration.
36-7-2 36-7-2, 36-7-2.1. Repealed by SL 1985, ch 299, §§ 4, 5.
36-7-3 Composition of Board of Examiners--Qualifications of members--Terms of office.
36-7-3.1 Repealed.
36-7-3.2 Board continued within Department of Health.
36-7-4 Repealed.
36-7-5 Repealed.
36-7-6 Repealed.
36-7-7 36-7-7. Repealed by SL 1985, ch 299, § 7.
36-7-8 Repealed.
36-7-9 36-7-9. Repealed by SL 1985, ch 299, § 9.
36-7-10 Practice of optometry without license--Violation.
36-7-11 Requirements for licensure.
36-7-12 Repealed.
36-7-12.1 Pharmacology studies and clinical experience to be completed--Passing grade on pharmacology portion of national board examination to be attained.
36-7-12.2 Criminal background check of new applicants and licensees under disciplinary investigation.
36-7-13 Licensure through endorsement from another United States jurisdiction--Fee--Promulgation of rules.
36-7-14 Repealed.
36-7-15 Powers of the board--Promulgation of rules.
36-7-15.1 Repealed.
36-7-15.2 Repealed.
36-7-15.3 Repealed.
36-7-16 36-7-16. Repealed by SL 1986, ch 306, § 1.
36-7-17 Practice as individual or partner required--Exception for authorized corporate practice--Violation--Optometrist not precluded from serving as officer or director of health maintenance organization.
36-7-17.1 Certain healing arts practitioners to participate in alternate health care delivery systems.
36-7-18 Display of license in office--Violation.
36-7-19 Repealed.
36-7-20 Annual renewal of license--Revocation on default--Restoration of license.
36-7-20.1 Repealed.
36-7-20.2 Courses of continuing education specified by board--Certification of attendance--Waiver.
36-7-20.3 Repealed.
36-7-20.4 Repealed.
36-7-21 Remission of annual fee while in military service.
36-7-22 36-7-22. Repealed by SL 1992, ch 158, § 79.
36-7-24 Disciplinary action--Grounds.
36-7-25 Unprofessional conduct defined--No basis for criminal prosecution.
36-7-25.1 Prohibited acts.
36-7-26 Appeal from Board of Examiners.
36-7-27 Reinstatement of license after revocation.
36-7-28 Injunction to prevent violation of chapter--Election of remedies.
36-7-29 Repealed.
36-7-30 Entry and inspection by board--Purpose--Drug records and inventories.
36-7-31 Repealed.
36-7-32 36-7-32. Repealed by SL 1994, ch 296, § 8.
36-7-33 36-7-33. Repealed by SL 2003, ch 201, § 2.
36-7-34 Sale of contact lenses without prescription prohibited--Violation as misdemeanor.
36-8-1
Podiatric medicine defined.
36-8-2
State Board of Podiatry Examiners--Terms of office--Vacancies.
36-8-2.1
Lay member of board--Appointment and term of office.
36-8-3
Officers of board--Promulgation of rules by board--Seal.
36-8-4
Monthly payment of receipts into treasury--Special account--Continuous
appropriation--Expense not to exceed collections.
36-8-4.1
Board continued within Department of Health--Records and reports.
36-8-5
Repealed.
36-8-6
Advertising or practice of podiatric medicine without license as misdemeanor.
36-8-7
Practices exempt from requirement of license.
36-8-8
Qualifications of applicants for license.
36-8-9
Application fee.
36-8-10, 36-8-11.
Repealed
.
36-8-12
Licensing of podiatrists from other states.
36-8-13
Display of licenses.
36-8-13.1
Certain healing arts practitioners to participate in alternate health care delivery
systems.
36-8-14
Licensee not to mislead as to qualifications.
36-8-15
Fee for annual renewal--Duration of renewal.
36-8-16
Grounds for suspension or revocation of certificate.
36-8-17
Acts constituting unprofessional or dishonorable conduct--No basis for criminal
prosecution.
36-8-18
Procedure for suspension or revocation of license.
36-8-19
Appeal from Board of Examiners.
36-8-20
Reinstatement of suspended or revoked license--Costs and fee.
36-8-21
Repealed.
36-8-22
Actions for injunction--Election of remedies.
36-8-23
Continuing education.
36-8-24
Repealed.
36-8-25
Regulation of the use of laser or ionizing radiation.
CHAPTER 36-9
REGISTERED AND PRACTICAL NURSES
36-9-1 Definitions.
36-9-1.1 Legislative findings, policy and intent.
36-9-2 Evidence of qualification and license required to practice nursing.
36-9-3 Practice of registered nurse.
36-9-3.1 Practice of certified registered nurse anesthetist--Promulgation of rules.
36-9-3.2 Repealed.
36-9-4 Practice of licensed practical nurse.
36-9-4.1 Additional functions after special training of licensed practical nurse.
36-9-5 Appointment and composition of board.
36-9-6 Citizenship and residence requirements of board members.
36-9-7 Qualifications of registered nurse members of board.
36-9-8 Qualifications of licensed practical nurse members of board.
36-9-8.1 Qualifications of public members of board.
36-9-9 Terms of office of board members--Appointment.
36-9-9.1 36-9-9.1. Repealed by SL 1976, ch 228, § 57.
36-9-10 36-9-10. Repealed by SL 1971, ch 23, § 2.
36-9-11 Removal of board members.
36-9-11.1 Board continued within Department of Health--Records and reports.
36-9-12 Employment of executive director--Qualifications.
36-9-13 36-9-13. Repealed by SL 1976, ch 228, § 57.
36-9-14 Duties and compensation of executive director.
36-9-15 Delegation of activities to executive director.
36-9-16 Employment of other persons by board.
36-9-17 Meetings of board--Election of officers.
36-9-18 Quorum of board.
36-9-19 36-9-19, 36-9-20. Repealed by SL 1976, ch 228, § 57.
36-9-21 Promulgation of rules.
36-9-22 36-9-22, 36-9-23. Repealed by SL 1986, ch 302, §§ 63, 64.
36-9-24 Deposit and withdrawal of money received.
36-9-25 Balance of fees held by board--Use of fees.
36-9-26 36-9-26. Repealed by SL 1982, ch 16, § 30.
36-9-27 36-9-27. Repealed by SL 1979, ch 255, § 15.
36-9-28 Practices not prohibited by chapter.
36-9-28.1 36-9-28.1. Repealed by SL 1998, ch 225, § 2.
36-9-29 Board to examine, license, and renew licenses.
36-9-30 Proof of education required--Registered nurse.
36-9-30.1 Qualifications of registered nurse anesthetist.
36-9-31 Examination required for registered nursing license--Issuance of license.
36-9-31.1 Temporary permit for applicant pending examination--Practice under supervision required.
36-9-31.2 Temporary anesthetist permit pending examination results.
36-9-32 Licensing of registered nurse from another state or country.
36-9-32.1 Temporary permit for applicant holding license from another state.
36-9-32.2 Temporary anesthetist permit issued to applicant from another state.
36-9-33 36-9-33. Repealed by SL 1976, ch 228, § 57.
36-9-34 36-9-34, 36-9-34.1. Repealed by SL 1986, ch 307, §§ 23, 24.
36-9-35 Fees required of registered nurses.
36-9-36 Title used by licensed registered nurse or certified registered nurse anesthetist.
36-9-37 Proof of education required--Licensed practical nurse.
36-9-38 Examination required for licensed practical nursing license--Issuance of license.
36-9-38.1 Temporary permit for licensed practical nursing pending examination--Practice under supervision required.
36-9-39 Licensing of licensed practical or vocational nurse from another state or country.
36-9-39.1 Temporary permit for licensed practical nurse from out of state.
36-9-40 36-9-40. Repealed by SL 1976, ch 228, § 57.
36-9-42 36-9-42. Repealed by SL 1986, ch 307, § 27.
36-9-43 Fees required of licensed practical nurses.
36-9-44 Title used by licensed practical nurse.
36-9-45 Biennial renewal of license--Expiration date--Notice by board--Fee--Period of renewal.
36-9-45.1 36-9-45.1. Repealed by SL 2016, ch 194, § 25.
36-9-46 Application for inactive status--Fee.
36-9-47 Reinstatement of lapsed license.
36-9-47.1 Evidence of completion of reentry requirements.
36-9-47.2 Issuance of limited license to nurse enrolled in reentry program--Application for license or renewal on completion of program.
36-9-48 36-9-48. Repealed by SL 1979, ch 255, § 43.
36-9-49 Grounds for denial, revocation, or suspension of license or application.
36-9-49.1 Physical or mental condition as ground for denial, revocation or suspension--Examination--Immediate suspension upon failure to submit.
36-9-50 36-9-50. Repealed by SL 1976, ch 228, § 57.
36-9-51 36-9-51. Repealed by SL 1979, ch 255, § 46.
36-9-51.1 Hearing required for license revocation, suspension, or reissuance.
36-9-51.2 Revocation or suspension proceedings to conform to administrative procedure.
36-9-51.3 Majority of board required to suspend, revoke, or reissue license.
36-9-51.4 Appeal by aggrieved party from board actions.
36-9-52 36-9-52 to 36-9-56. Repealed by SL 1976, ch 228, § 57.
36-9-57 Reissuance of revoked or suspended license.
36-9-58 Approval by board of curricula and educational standards.
36-9-58.1 36-9-58.1. Repealed by SL 1976, ch 228, § 57.
36-9-58.2 Application by institution to provide educational program.
36-9-58.3 Survey of educational program of applicant institution--Interim approval.
36-9-58.4 Denial of approval of educational program.
36-9-59 36-9-59 to 36-9-63. Repealed by SL 1979, ch 255, §§ 55 to 60.
36-9-64 Survey of approved programs in state--Report to board.
36-9-64.1 Fee and expenses for survey of educational institution.
36-9-65 36-9-65. Repealed by SL 1979, ch 255, § 62.
36-9-66 Notice to institution of failure to maintain educational standards.
36-9-67 Withdrawal of board approval on failure to correct deficiencies.
36-9-67.1 Educational programs conducted or sponsored by board.
36-9-68 Prohibited acts--Misdemeanor.
36-9-69 Single act as proof of violation.
36-9-70 Board to prosecute violations.
36-9-71 Unlicensed practice of nursing as public nuisance.
36-9-72 Injunction to prevent unlawful practice--Election of remedies.
36-9-73 36-9-73, 36-9-74. Omitted.
36-9-75 36-9-75. Repealed by SL 1986, ch 307, § 37.
36-9-76 Nurses' education assistance scholarship.
36-9-77 Funding for education assistance scholarship program.
36-9-78 Qualification criteria for education assistance scholarship.
36-9-79 Number and distribution of scholarships from education assistance program.
36-9-80 Restrictions on distributions from education assistance program.
36-9-81 36-9-81 to 36-9-83. Repealed by SL 2014, ch 180, §§ 10 to 12.
36-9-84 Definition of durable medical equipment or therapeutic device.
36-9-85 Evidence of qualifications required for license as clinical nurse specialist.
36-9-86 Requirements for license as clinical nurse specialist.
36-9-87 Practice of a licensed clinical nurse specialist.
36-9-88 Title used by clinical nurse specialist.
36-9-89 Temporary permit for clinical nurse specialist awaiting exam results.
36-9-90 Temporary permit for out of state licensed clinical nurse specialist applicant--Issuance date and termination date.
36-9-91 Fees required of clinical nurse specialists.
36-9-92 Superseded eff. Jan 19, 2018.
36-9-93 Head of nurse licensing board defined.
36-9-94 Practice privileges--Power of board to limit or revoke.
36-9-95 Nursing workforce center established--Funding.
36-9-96 Powers of nursing workforce center.
36-9-97 Criminal background investigation of applicants and licensees subject to disciplinary investigation--Cooperation required--Fees.
36-9-98 Nurse Licensure Compact.
36-9-99 General funds not to be used to support compact.
CHAPTER 36-9A
CERTIFIED NURSE PRACTITIONERS AND CERTIFIED NURSE MIDWIVES
36-9A-1 Definition of terms.
36-9A-2 License required to practice as certified nurse practitioner or certified nurse midwife.
36-9A-2.1 Temporary permit to practice.
36-9A-2.2 License to practice of person licensed under laws of other state.
36-9A-2.3 Temporary permit issued to person licensed under laws of other state.
36-9A-3 Unlicensed practice permitted in certain situations.
36-9A-4 Licensing requirements.
36-9A-5 Practice regulated by Board of Nursing.
36-9A-5.1 Advanced practice nurse advisory committee--Appointment--Terms--Duties.
36-9A-6 36-9A-6. Repealed by SL 2017, ch 171, § 10.
36-9A-7 Inspection of premises by board--Refusal as misdemeanor.
36-9A-8 36-9A-8. Repealed by SL 2017, ch 171, § 12.
36-9A-9 Filing of application for licensure--Form--Fee--Issuance of license.
36-9A-9.1 Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees .
36-9A-10 36-9A-10. Repealed by SL 1995, ch 218, § 10.
36-9A-11 Title used by certified nurse practitioner and certified nurse midwife.
36-9A-12 Scope of certified nurse practitioner practice.
36-9A-13 Scope of certified nurse midwife practice.
36-9A-13.1 Collaboration with other health care providers.
36-9A-14 Practice of pharmacy prohibited.
36-9A-15 36-9A-15. Repealed by SL 2017, ch 171, § 19.
36-9A-16 36-9A-16. Repealed by SL 1999, ch 192, § 17.
36-9A-17 36-9A-17, 36-9A-17.1. Repealed by SL 2017, ch 171, §§ 20, 21.
36-9A-17.2 Performance of abortions not authorized.
36-9A-17.3 36-9A-17.3. Repealed by SL 2017, ch 171, § 23.
36-9A-18 36-9A-18. Repealed by SL 1995, ch 218, § 13.
36-9A-19 Hospital services--Rules and regulations.
36-9A-20 36-9A-20. Repealed by SL 2017, ch 171, § 25.
36-9A-21 36-9A-21. Repealed by SL 1982, ch 274, § 6.
36-9A-21.1 Curricula and standards for educational programs.
36-9A-22 Renewal of license.
36-9A-23 Notice of renewal--Issuance of renewal license.
36-9A-24 Reinstatement of lapsed license.
36-9A-25 Inactive status.
36-9A-26 Fees.
36-9A-27 36-9A-27, 36-9A-28. Repealed by SL 2017, ch 171, §§ 32, 33.
36-9A-29 Denial, revocation, or suspension of license--Grounds.
36-9A-30 36-9A-30. Repealed by SL 2017, ch 171, § 35.
36-9A-31 Revocation or suspension of license--Procedure.
36-9A-32 Physical or mental examination of license holder or applicant.
36-9A-33 Appeal of revocation or suspension.
36-9A-34 Reissuance of revoked or suspended license.
36-9A-35 Prohibited acts--Violation as misdemeanor.
36-9A-36 Proof of single act only required.
36-9A-37 Prosecution of violations.
36-9A-38 Enjoining violations.
36-9A-39 Temporary injunction--Grounds.
36-9A-40 Injunction an alternative to criminal proceedings.
36-9A-41 Promulgation of rules.
36-9A-42 36-9A-42 to 36-9A-46. Repealed by SL 2017, ch 171, §§ 45 to 49.
36-9A-47 Practice of certified professional midwife.
CHAPTER 36-9B
MEDICAL ASSISTANTS [REPEALED]
36-9B-1 Repealed
36-9B-2 Repealed
36-9B-3 Repealed
36-9B-4 Repealed
36-9B-5 Repealed
36-9B-6 Repealed
36-9B-7 Repealed
36-9B-8 Repealed
36-9B-9 Repealed
CHAPTER 36-9C
CERTIFIED PROFESSIONAL MIDWIVES
36-9C-1 Definitions.
36-9C-2 License required to practice as certified professional midwife.
36-9C-3 Functions exempt from chapter.
36-9C-4 Qualifications for certified professional midwife.
36-9C-5 Practice controlled by Board of Certified Professional Midwives.
36-9C-6 Board of Certified Professional Midwives established.
36-9C-7 Members of board.
36-9C-8 Qualifications of board members--Initial appointments.
36-9C-9 Terms of office.
36-9C-10 Removal of member.
36-9C-11 Application for licensure--Issuance.
36-9C-12 Criminal background check.
36-9C-13 Practice in out-of-hospital setting.
36-9C-14 Actions excluded from practice of certified professional midwife.
36-9C-15 Duration of license--Renewal.
36-9C-16 Requirements for license renewal.
36-9C-17 Reinstatement of lapsed license.
36-9C-18 Inactive status.
36-9C-19 Fees.
36-9C-20 Midwife regulation fund.
36-9C-21 Initial minimum balance in midwife regulation account.
36-9C-22 Denial, revocation, or suspension for misconduct.
36-9C-23 Procedures for revocation or suspension.
36-9C-24 Examination of license holder or applicant by medical examiner.
36-9C-25 Appeal.
36-9C-26 Reissuance of revoked or suspended license.
36-9C-27 Prohibited conduct--Violation as misdemeanor.
36-9C-28 Violation by single act.
36-9C-29 Injunction.
36-9C-30 Temporary injunction.
36-9C-31 Injunction as alternative to criminal proceedings.
36-9C-32 Promulgation of rules.
36-9C-33 Informed consent document.
36-9C-34 Limitation of liability.
36-9C-35 Newborn screenings.
36-9C-36 Consultation with physician or facility.
36-9C-37 Review of birth registration and reportable information--Report of neonatal or maternal mortality.
CHAPTER 36-9D
ADVANCED PRACTICE REGISTERED NURSE COMPACT
36-9D-1 Compact--Advanced practice registered nurse.
CHAPTER 36-10
PHYSICAL THERAPISTS
36-10-1 36-10-1 to 36-10-17. Repealed by SL 1972, ch 205, § 31.
36-10-17.1 Physical Therapist Licensure Compact.
36-10-18 Definitions.
36-10-18.1 Practice of physical therapy--Description.
36-10-18.2 Repealed.
36-10-18.3 State Board of Physical Therapy--Creation.
36-10-18.4 State Board of Physical Therapy--Membership.
36-10-18.5 State Board of Physical Therapy--Terms--Vacancy.
36-10-18.6 State Board of Physical Therapy--Member removal.
36-10-18.7 State Board of Physical Therapy--Officers--Meetings.
36-10-18.8 State Board of Physical Therapy--Compensation--Reimbursement for expenses.
36-10-18.9 State Board of Physical Therapy--Board member immunity.
36-10-19 Repealed.
36-10-20 36-10-20. Repealed by SL 2005, ch 199, § 26.
36-10-21 Repealed.
36-10-22 36-10-22. Repealed by SL 2005, ch 199, § 27.
36-10-24 Unlicensed practice or use of title as misdemeanor.
36-10-25 Other practitioners--Scope of practice.
36-10-26 Prior licensees deemed licensed.
36-10-27 Application for licensure--Fee--Promulgation of rules.
36-10-27.1 Criminal background check.
36-10-28 36-10-28. Repealed by SL 2017, ch 173, § 5.
36-10-29 Issuance of license.
36-10-30 Licensure without examination--Requirements.
36-10-31 Licensure by reciprocity--Authorization.
36-10-32 Licensure by reciprocity--Application--Fee--Promulgation of rules.
36-10-33 Licensure expiration--Renewal--Fee--Promulgation of rules--Forfeiture.
36-10-34 36-10-34. Repealed by SL 1986, ch 27, § 42.
36-10-35 36-10-35. Repealed by SL 1986, ch 308.
36-10-35.1 Physical therapist assistant--Licensure--Fee--Promulgation of rules.
36-10-35.2 Physical therapist assistant--Licensure expiration and renewal.
36-10-35.3 36-10-35.3. Repealed by SL 1996, ch 231, § 9.
36-10-35.4 36-10-35.4 to 36-10-35.6. Repealed by SL 1996, ch 231, §§ 11 to 13.
36-10-35.7 Approved tasks for physical therapist assistant--Exclusions.
36-10-35.8 Supervision of physical therapist assistant.
36-10-35.9 Standards of supervision.
36-10-36 Promulgation of rules--Licensure--Fees--Discipline--Supervision--Continuing education.
36-10-37 Repealed.
36-10-38 Licensure denial--Grounds.
36-10-39 Licensure suspension or revocation--Grounds.
36-10-40 Unprofessional or dishonorable conduct.
36-10-41 Action on license--Initiation of proceedings.
36-10-43 Action on license--Quorum requirement.
36-10-44 Procedure on cancellation, revocation or suspension.
36-10-45 Action on license--Vote requirement.
36-10-46 Appeal from decision of board.
36-10-47 Licensure reinstatement.
36-10-48 Injunction--Election of remedy.
36-10-49 Investigation of violations.
36-10-50 Prior license accepted.
36-10-51 Continuing education--Requirements--Waiver.
36-10-52 Dry needling authorized--Description--Promulgation of rules.
36-10-53 State Board of Physical Therapy licensure fund--Continuous appropriation.
CHAPTER 36-10B
DIETETICS AND NUTRITION
36-10B-1 Definition of terms.
36-10B-2 Licensing and designation.
36-10B-3 Board authority.
36-10B-4 Nutrition and dietetics council--Appointment--Terms--Meetings--Duties--Board communication.
36-10B-5 Nutrition or dietetics practice--Nutrition care services.
36-10B-6 Qualifications for dietetics and nutrition licensure.
36-10B-7 Application process--Fees.
36-10B-8 Fee classifications.
36-10B-9 License renewal.
36-10B-10 Issuance of temporary permit.
36-10B-11 License by reciprocity--Qualifications.
36-10B-12 Waiver of examination--Requirements of licensure.
36-10B-13 Restricting licensure.
36-10B-14 Review of restriction on licensure.
36-10B-15 Related activities not requiring licensure as nutritionist or dietitian.
CHAPTER 36-11
PHARMACIES AND PHARMACISTS
36-11-1 Public interest in regulation of practice.
36-11-2 Definition of terms.
36-11-2.1 Drugs defined.
36-11-2.2 Practice of pharmacy defined.
36-11-3 South Dakota Pharmacists Association--Purpose--Annual meeting.
36-11-4 Composition of State Board of Pharmacy--Terms and appointment of members--Removal of member.
36-11-4.1 Lay member of board--Appointment and term of office.
36-11-5 Meetings of board--Quorum.
36-11-5.1 Board continued within Department of Health--Records and reports.
36-11-6 Use of funds by Pharmacists Association--Approval of expenditures--Filing statement.
36-11-7 Salary and expenses of secretary.
36-11-8 Compensation of personnel from fees received.
36-11-9 Annual report to Governor--Contents.
36-11-10 Residual and implied powers of board.
36-11-11 Promulgation of rules.
36-11-12 36-11-12. Repealed by SL 1986, ch 302, § 112.
36-11-13 Unregistered practice of pharmacy as misdemeanor.
36-11-14 Physicians and veterinarians unaffected by chapter.
36-11-15 Unregistered dispensing of drugs or operation of pharmacy as misdemeanor.
36-11-16 Requirements for registration as pharmacist.
36-11-16.1 Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees.
36-11-17 Registration fee.
36-11-18 Examination of applicants for registration--Grant of certificates to qualified persons.
36-11-19 Registration of applicants registered in other states--Fee.
36-11-19.1 Authority of registered pharmacists.
36-11-19.2 Nonresident pharmacy defined.
36-11-19.3 Requirements for licensure of nonresident pharmacy.
36-11-19.4 Denial of nonresident pharmacy's application--Appeal.
36-11-19.5 Expiration and renewal of nonresident pharmacy license.
36-11-19.6 Conduct causing denial, revocation, or suspension of nonresident pharmacy license--Contested case.
36-11-19.7 Nonresident pharmacy dispensing equivalent drug product or interchangeable biological product.
36-11-19.8 Recording patient information--Toll-free telephone service--Written information on new or changed prescriptions.
36-11-19.9 Designation of resident agent for nonresident pharmacy.
36-11-20 Suspension, revocation, or refusal of license--Grounds--Fraudulent registration void.
36-11-20.1 36-11-20.1, 36-11-20.2. Repealed by SL 1996, ch 227, § 17.
36-11-20.3 36-11-20.3 to 36-11-20.10. Repealed by SL 1996, ch 227, §§ 18 to 25.
36-11-21 Continuing validity of prior certificates.
36-11-22 Registration record maintained by board--Contents.
36-11-23 Annual registry fee and renewal--Suspension of certificate for failure to renew--Reinstatement after suspension.
36-11-23.1 Continuing education program established.
36-11-23.2 Rules relating to continuing education--Maximum annual requirement.
36-11-23.3 Continuing education required for relicensure.
36-11-23.4 Advisory council on continuing education.
36-11-24 36-11-24. Repealed by SL 1970, ch 212, § 1.
36-11-25 Pharmacy intern certificates--Restrictions on practice.
36-11-26 Board power to discipline registrant.
36-11-27 36-11-27. Repealed by SL 1982, ch 275, § 3.
36-11-28 Procedure for revocation or suspension of certificate.
36-11-29 Appeal from revocation or suspension of certificate.
36-11-30 Registration and permit required for operation of pharmacy--Violation as misdemeanor.
36-11-31 Business name or advertising implying pharmacy prohibited unless registered--Violation as misdemeanor.
36-11-32 Pharmacy permit issued by board--Fee.
36-11-33 Institutional pharmacy permits--Scope of services provided--Minimum standards.
36-11-34 Ownership or control by pharmacist required for pharmacy permit.
36-11-35 Pharmacy permit as legal registration--Expiration date.
36-11-36 Permit and certificate displayed in pharmacy.
36-11-37 Transfer of pharmacy permit to another pharmacist.
36-11-38 Permit void after death of pharmacist--Time allowed for transfer.
36-11-39 Report to board of changes in location or ownership of pharmacy.
36-11-40 Permit void on unreported transfer, change of location or change in management.
36-11-41 Equipment, supplies and publications required for pharmacy permit.
36-11-42 Sanitary conditions required in pharmacy.
36-11-43 Code of professional ethics--Association recommendations considered--Employment rights not regulated--No basis for criminal prosecution.
36-11-44 Permitting unauthorized practice or false representation to secure registration as misdemeanor.
36-11-45 36-11-45. Repealed by SL 1985, ch 300.
36-11-46 Dispensing of substandard drugs prohibited--Violation as misdemeanor.
36-11-46.1 Dispensing equivalent drug products.
36-11-46.2 Prescription prohibiting substitution--Requirements.
36-11-46.3 Notification to person receiving equivalent drug product or interchangeable biological product--Right of refusal.
36-11-46.4 Standards for selecting prescription drug.
36-11-46.5 Liability for dispensing equivalent drug product or interchangeable biological product.
36-11-46.6 Label to contain drug name--Form when generic equivalent selected--Contents of prescription files--Label information.
36-11-46.7 Equivalent drug and biological product requirements not applicable to hospital patients.
36-11-46.8 Cause of action for selection of equivalent drug product or interchangeable biological product.
36-11-46.9 Dispensing interchangeable biological products.
36-11-46.10 Notice to practitioner of biological product dispensed.
36-11-46.11 Labeling of prescription container for biological product.
36-11-47 36-11-47. Repealed by SL 1977, ch 190, § 170.
36-11-47.1 Posting of prescription drug prices authorized--Rules and regulations.
36-11-47.2 Refusal to quote prescription price as misdemeanor.
36-11-48 Grounds for suspension or revocation of pharmacy permit.
36-11-49 Procedure for revocation of pharmacy permit.
36-11-50 Appeal from cancellation of pharmacy permit.
36-11-51 Repealed by SL 2012, ch 194, §§ 11, 12.
36-11-53 36-11-53 to 36-11-59. Repealed by SL 1997, ch 216, §§ 5 to 11.
36-11-60 Repealed by SL 2012, ch 194, §§ 13, 14.
36-11-62 36-11-62. Repealed by SL 1992, ch 158, § 88.
36-11-63 Fees paid to secretary of board--Employment of personnel and payment of expenses from funds collected.
36-11-64 Employment of inspectors--Inspection of licensed establishments.
36-11-65 Injunction proceedings to prevent violations of chapter--Election of remedies.
36-11-66 Severability of provisions.
36-11-67 Participants in drug utilization review program immune from liability.
36-11-68 Counseling patients and caregivers--Maintenance of patient records.
36-11-69 Release of patient information--Good faith required.
36-11-70 Refusal to dispense medication.
36-11-71 Central pharmacy, remote pharmacy, and telepharmacy practice defined.
36-11-72 Telepharmacy--Promulgation of rules.
CHAPTER 36-11A
WHOLESALE DRUG DISTRIBUTORS
36-11A-1 Definitions.
36-11A-1.1 Trading partner defined.
36-11A-1.2 Transaction defined.
36-11A-1.3 Transaction information defined.
36-11A-1.4 Transaction statement defined.
36-11A-2 Distribution defined.
36-11A-3 36-11A-3. Repealed by SL 2007, ch 215, § 29.
36-11A-4 Pharmacy distributor defined.
36-11A-4.1 License required for wholesale distributors, outsourcing facilities, and third-party logistics providers.
36-11A-4.2 Prior registration and inspection by FDA required for certain outsourcing facilities.
36-11A-5 Purchase of drug from other source restricted--Penalty.
36-11A-6 Drug sample or drug coupon--Sale, purchase, trade or counterfeit prohibited--Distribution restricted--Penalty.
36-11A-7 Wholesale distribution without license prohibited--License unnecessary for agent or employee of licensed distributor--Violation as felony.
36-11A-8 Application for license.
36-11A-9 Separate license required for each facility owned or operated by same business entity.
36-11A-10 Temporary licenses.
36-11A-11 Out-of-state distributor--License--Application--Violation as felony.
36-11A-12 Approval or denial of application or renewal--Appeal.
36-11A-13 Expiration and renewal of license.
36-11A-14 Promulgation of rules.
36-11A-15 36-11A-15. Repealed by SL 2017, ch 174, § 13.
36-11A-16 Inspection--Exemption--Penalty.
36-11A-17 Records--Availability.
36-11A-18 Limitations on state board of pharmacy.
36-11A-19 Complaints--Procedure.
36-11A-20 Authorized distributor of record defined.
36-11A-21 Drop shipment defined.
36-11A-22 Manufacturer's exclusive distributor defined.
36-11A-23 Normal distribution channel defined.
36-11A-24 Third party logistics provider defined.
36-11A-25 Wholesale distributor defined.
36-11A-26 36-11A-26. Repealed by SL 2017, ch 174, § 18.
36-11A-27 Wholesale distributor license required--Exemptions.
36-11A-28 Information to be provided by applicants.
36-11A-29 Inspection of facility--Qualifications of designated representative.
36-11A-30 Criminal record check.
36-11A-31 Bond or other security required--Purpose--Exemption--License required for each facility.
36-11A-32 Changes or corrections to required information--Suspension or revocation of license.
36-11A-33 Continuing training of designated representative--Confidentiality of information.
36-11A-34 Returns or exchanges of prescription drugs.
36-11A-35 Verification that entity to which prescription drugs are to be furnished is licensed.
36-11A-36 Delivery of prescription drugs only to licensed premises--Exception.
36-11A-37 Receipt to be signed by authorized hospital pharmacy receiving personnel--Reporting of discrepancies.
36-11A-38 Accounts for purchase of prescription drugs.
36-11A-39 36-11A-39, 36-11A-40. Repealed by SL 2017, ch 174, §§ 21, 22.
36-11A-41 Confirmation of receipt of transaction information, transaction history, and transaction statement.
36-11A-42 36-11A-42, 36-11A-43. Repealed by SL 2017, ch 174, §§ 24, 25.
36-11A-44 Retention of transaction files--Inspection.
36-11A-45 Cease and desist order for violation--Hearing.
36-11A-46 Prohibited acts--Misdemeanor or felony.
CHAPTER 36-12
VETERINARIANS
36-12-1 Acts constituting practice of veterinary medicine.
36-12-2 Persons not considered engaged in practice of veterinary medicine.
36-12-2.1 36-12-2.1. Repealed by SL 1993, ch 280, § 1.
36-12-3 Board of examiners appointed--Qualifications of members--Terms of office.
36-12-4 Period of practice required for appointment to board.
36-12-5 36-12-5. Repealed by SL 2005, ch 199, § 37.
36-12-5.1 Lay member of board--Appointment and term of office.
36-12-6 Removal of board member.
36-12-7 Filling of vacancies on board.
36-12-8 Annual meeting and election of officers.
36-12-8.1 Executive secretary--Duties--Bond--Limitation on board's expenditures.
36-12-9 Quorum of board.
36-12-9.1 Board continued within Department of Agriculture and Natural Resources--Records and reports.
36-12-10 Records kept by secretary of board.
36-12-11 Fees used to pay expenses.
36-12-12 Application for license as veterinarian--Education requirement--Fee--Promulgation of rules.
36-12-13 Notice and scope of examination of applicants.
36-12-14 Issuance of licenses to qualified applicants.
36-12-15 Licensing on certification from another state--Fee.
36-12-16 Continuing validity of previously issued certificates--Recording of names.
36-12-17 Temporary student permits.
36-12-18 Temporary permits to applicants awaiting examination.
36-12-18.1 Temporary permits to certain graduates of nonaccredited colleges--Practice under supervision--Duration of permit.
36-12-19 Registration certificate required--Fee.
36-12-19.1 Continuing education requirement--Waiver--Promulgation of rules.
36-12-19.2 Maximum length of study--Attendance at course of study certified.
36-12-20 Forfeiture of license for failure to secure certificate--Restoration after forfeiture.
36-12-21 Display of license and annual certificate in office.
36-12-21.1 Employment of technicians authorized--Registration required.
36-12-21.2 Qualifications of technicians provided by rules and regulations.
36-12-21.3 Application for registry of technician--Contents--Fee.
36-12-21.4 Issuance of certificate for technician--Posting.
36-12-21.5 Annual renewal of technician's certificate--Fee--Default as forfeiture of certificate.
36-12-21.6 Supervision of technician by veterinarian--Promulgation of rules.
36-12-21.7 Maintenance of separate office by technician prohibited.
36-12-21.8 Veterinarian's responsibility for technician's acts.
36-12-22 Grounds for refusal, suspension, or revocation of license and certificate.
36-12-22.1 Revocation of technician's registration.
36-12-23 Statement preferring charges against licensee.
36-12-24 Procedure on revocation or suspension of license.
36-12-25 Judicial review on revocation of license.
36-12-26 Reinstatement after revocation of license.
36-12-27 Unauthorized practice of veterinary medicine as misdemeanor.
36-12-28 Injunction to prevent unauthorized practice--Employment of counsel--Election of remedies.
36-12-29 Severability of provisions.
36-13-1
Abstracters' Board of Examiners--Professional members.
36-13-1.1
Lay member of board.
36-13-1.2
Definition of terms.
36-13-1.3
Chain of title defined.
36-13-2
Election of officers--Bond required of secretary-treasurer.
36-13-2.1
Board continued within Department of Labor and Regulation--Records and
reports.
36-13-3
Informational budget reviewed by Legislature--Deposit of funds with state
treasurer--Abstracters' board of examiners account created.
36-13-4
Records and accounts of board--Inspection.
36-13-5
Repealed.
36-13-6
Enforcement of chapter by board--Seal.
36-13-6.1
Promulgation of rules.
36-13-7
Subpoena power of board officers--Administration of oaths--Depositions.
36-13-8
Certificate of registration required for business of abstracting.
36-13-9
Unauthorized business prohibited--Violation as misdemeanor.
36-13-9.1
Injunctions--Election of remedies.
36-13-10
Title plant required to engage in business.
36-13-11
Application for certificate of registration--Examination--Fees.
36-13-11.1
Criminal background investigation of applicants.
36-13-12
Scope of examination for certificate of registration.
36-13-13
Separate applications and examinations for different counties.
36-13-14
Repealed.
36-13-15
Bond required for certificate of registration--Amount and conditions.
36-13-16
Financial standing of personal sureties on bond--Investigation and property
statements.
36-13-17
Filing and registration of bond.
36-13-18
Additional bond required for certificate--Insufficient bond.
36-13-19
Parties to action on abstracter's bond.
36-13-20
Recitals in certificate of registration--Authority to engage in business--Access
to public offices and records.
36-13-21
Fee for certificate of registration--Duration and renewal--Contents of
application for renewal.
36-13-21.1
Inspection costs collected from applicant.
36-13-22
Temporary certificate to engage in business.
36-13-23
Register of applicants and certificates.
36-13-24
Seal of abstracter--Impression deposited with board--Affixing to abstracts.
36-13-25
Schedule of fees for doing business established by board--Exceeding schedule
as misdemeanor.
36-13-26
Certified abstract as prima facie evidence in judicial proceedings.
36-13-26.1
Abstracter's countersignature on title policy.
36-13-27
Destroyed public records replaced from abstracter's records--Expense.
36-13-28
Suspension or revocation of certificate of registration.
36-13-29
Procedure for suspension or revocation.
36-13-30
Omitted.
36-13-31
Appeal.
36-13-32, 36-13-33. Omitted.
CHAPTER 36-14
BARBERS AND BARBERSHOPS
36-14-1 Acts constituting practice of barbering.
36-14-2 Board of Barber Examiners--Members--Terms of office--Qualifications--Removal--Vacancies.
36-14-2.1 Lay member of board--Appointment and term of office.
36-14-3 Quorum of board.
36-14-4 Officers of board--Seal--Duties and bond of secretary-treasurer.
36-14-4.1 Board continued within Department of Labor and Regulation--Records and reports.
36-14-5 Employment of personnel by board.
36-14-6 Inspection of shops and schools by board.
36-14-7 Monthly deposit of money into treasury--Special account--Continuous appropriation--Limit on expense.
36-14-7.1 General Coursework--Credit--Promulgation of Rules.
36-14-8 36-14-8. Repealed by SL 2015, ch 259, § 1.
36-14-9 Promulgation of rules.
36-14-10 36-14-10. Repealed by SL 1995, ch 220, § 7.
36-14-11 Certificate of registration required.
36-14-12 Persons exempt from requirements of chapter.
36-14-13 Registration and licensing of barbers--Qualification.
36-14-13.1 36-14-13.1, 36-14-13.2. Repealed by SL 2017, ch 175, §§ 4, 5.
36-14-14 Qualifications for transfer of license or registration from another state or country.
36-14-15 36-14-15, 36-14-16. Repealed by SL 2017, ch 175, §§ 7, 8.
36-14-17 Curriculum required for approval of barber school.
36-14-18 Contents of application for examination or registration--Photographs.
36-14-19 Time, place, and scope of examinations--Issuance of certificates--Employment pending examination.
36-14-20 Display of certificates.
36-14-21 36-14-21. Repealed by SL 2017, ch 175, § 9.
36-14-22 Annual renewal of certificates--Expiration.
36-14-23 36-14-23. Repealed by SL 1986, ch 314, § 3.
36-14-24 Fees required of barbers and barber schools.
36-14-25 Restoration of lapsed certificate.
36-14-26 Record of proceedings relative to certificates--Contents--Public inspection.
36-14-27 License required for shop--Supervision by registered barber--Petty offense--Application--Fee.
36-14-28 Inspection before issuance of shop license--Fee.
36-14-29 Display of shop license--Transfer prohibited--Expiration.
36-14-30 Annual inspection of shops.
36-14-31 Mobile shop license fee--Annual inspection--Place of operation.
36-14-32 Grounds for refusal, suspension, or revocation of certificates.
36-14-33 Procedure for refusal, suspension, or revocation of certificate.
36-14-35 Appeal from Board of Examiners.
36-14-36 Acts declared petty offenses.
36-14-37 Violation of chapter as petty offense.
36-14-37.1 Injunction for enforcement of chapter--Election of remedies.
36-14-38 36-14-38 to 36-14-51. Repealed by SL 1977, ch 190, § 179A.
CHAPTER 36-15
COSMETOLOGISTS, ESTHETICIANS, NAIL TECHNICIANS, AND SALONS
36-15-1 Definition of terms.
36-15-1.1 Natural hair braiding defined.
36-15-2 License required to practice cosmetology--Acts constituting practice of cosmetology.
36-15-2.1 Acts not constituting practice of cosmetology.
36-15-2.2 License required for practice of esthetics--Practices constituting esthetics.
36-15-2.3 Application for esthetics examination--Information required.
36-15-2.4 Terms of licenses--Renewal dates.
36-15-3 Cosmetology Commission--Appointment and terms of members--Oath of office.
36-15-4 Qualifications of professional commission members--School affiliation prohibited.
36-15-4.1 Lay members of commission--Appointment and terms of office.
36-15-5 Annual election of officers of commission--Meetings--Quorum.
36-15-5.1 Commission continued within Department of Labor and Regulation--Records and reports.
36-15-6 Employment of personnel by commission--Expenses--School affiliation prohibited.
36-15-7 36-15-7. Repealed by SL 1972, ch 206, § 59.
36-15-9 Fees paid in advance--Use by commission.
36-15-10 36-15-10. Repealed by SL 1972, ch 206, § 59.
36-15-11 General duties of commission members.
36-15-12 36-15-12, 36-15-12.1. Repealed by SL 2003, ch 202, §§ 10, 11.
36-15-13 Scope of rules.
36-15-13.1 36-15-13.1. Repealed by SL 2003, ch 202, § 13.
36-15-13.2 Continuing education for licensees--Commission authorized to adopt rules--Scope.
36-15-14 Access of authorities to salons or schools for inspection and enforcement purposes.
36-15-15 Application for license or permit--Evidence of qualifications.
36-15-16 Persons exempt from chapter.
36-15-16.1 Natural hair braiding exempt from chapter.
36-15-17 Application for cosmetologist examination--Information required.
36-15-17.1 Application for nail technician examination--Information required.
36-15-17.2 License required to practice nail technology--Practices constituting nail technology.
36-15-18 36-15-18. Repealed by SL 1972, ch 206, § 59.
36-15-19 Number, time, and place of examinations.
36-15-19.1 Cosmetologist's examination--Issuance of license--Annual expiration and renewal.
36-15-19.2 Licensure by reciprocity--Requirements.
36-15-19.3 Nail technician's examination--Issuance of license--Annual expiration and renewal.
36-15-19.4 36-15-19.4. Repealed by SL 2003, ch 202, § 27.
36-15-19.5 Esthetician's examination--Issuance of license--Annual expiration and renewal.
36-15-20 Fees for licenses, permits, and renewals.
36-15-20.1 Reinstatement of lapsed licenses and renewals--Fee.
36-15-21 36-15-21 to 36-15-21.3. Repealed by SL 2007, ch 217, §§ 2 to 5.
36-15-22 Temporary permit for out-of-state cosmetologist, nail technician or esthetician--Duration of permit.
36-15-23 36-15-23, 36-15-24. Repealed by SL 1972, ch 206, § 59.
36-15-25 Instructor license to teach--Application--Conditional license--Areas of instruction--Promulgation of rules.
36-15-25.1 Annual expiration and renewal.
36-15-25.2 36-15-25.2 to 36-15-26.1. Repealed by SL 2018, ch 232, §§ 10 to 12.
36-15-26.2 Education for instructors.
36-15-27 36-15-27, 36-15-28. Repealed by SL 1972, ch 206, § 59.
36-15-29 License required for school of cosmetology, nail technology or esthetics--Requirements for license.
36-15-29.1 School license restricted to premises--Exceptions--Transfer prohibited.
36-15-29.2 36-15-29.2. Repealed by SL 2018, ch 232, § 13.
36-15-29.3 Branch school--Requirements for license.
36-15-30 School license--Annual expiration and renewal.
36-15-31 36-15-31, 36-15-32. Repealed by SL 1972, ch 206, § 59.
36-15-33 Student license application--Requirements and issuance of license--Withdrawal or transfer.
36-15-34 Students transferring from out-of-state school--Credit allowed.
36-15-35 36-15-35, 36-15-36. Repealed by SL 1972, ch 206, § 59.
36-15-37 Separation of salon and school required.
36-15-38 School to indicate status in advertising and on school premises.
36-15-39 36-15-39 to 36-15-41. Repealed by SL 1972, ch 206, § 59.
36-15-42 Apprentice license required for apprenticeship--Requirements and term of license.
36-15-42.1 Apprentice salon license to offer apprenticeship education--Requirements and term of license.
36-15-43 36-15-43. Repealed by SL 1972, ch 206, § 59.
36-15-44 Maximum number of apprentices in salon.
36-15-45 Required period of apprenticeship--Transfer to another salon--Break in apprenticeship period--Promulgation of rules.
36-15-46 Textbooks and course of study for schools and apprenticeship training.
36-15-46.1 General Coursework--Credit--Promulgation of rules.
36-15-47 Apprentice to practice in licensed salon--Supervision and time required for study and practice.
36-15-47.1 Licensed instructors to teach apprentices--Fee for education prohibited.
36-15-48 Instructor's report on apprentice--Promulgation of rules.
36-15-48.1 Curriculum hours applicable to other apprentice program.
36-15-48.2 Hours completed transferrable between apprenticeship or school.
36-15-49 36-15-49. Repealed by SL 1972, ch 206, § 59.
36-15-50 Temporary license issued on completion of apprenticeship--Duration of license.
36-15-50.1 Temporary license to school graduate--Duration of license.
36-15-51 License required to operate salon or booth--Types of licenses--Annual expiration and renewal--Violation as misdemeanor.
36-15-51.1 Changing location or ownership of salon or booth--New license required--Temporary permit authorized--Notice to commission.
36-15-51.2 Licensed nursing facilities and assisted living centers.
36-15-52 36-15-52, 36-15-53. Repealed by SL 1972, ch 206, § 59.
36-15-53.1 36-15-53.1. Repealed by SL 2007, ch 217, § 9.
36-15-54 Practice outside licensed salon or booth prohibited--Exceptions.
36-15-55 36-15-55. Repealed by SL 1972, ch 206, § 59.
36-15-55.1 36-15-55.1. Repealed by SL 2003, ch 202, § 62.
36-15-55.2 Ground for disciplinary action as basis for refusal, revocation or suspension of license.
36-15-56 Grounds for disciplinary action.
36-15-57 Subpoena power of commission--Administration of oaths--Depositions.
36-15-58 Initiation of proceedings for cancellation, revocation or suspension of license.
36-15-58.1 36-15-58.1, 36-15-58.2. Omitted.
36-15-58.3 Quorum of commission at hearing on cancellation, revocation or suspension.
36-15-58.4 Majority vote required to suspend, revoke or cancel license.
36-15-58.5 Reinstatement of suspended or revoked license--Procedure--Conditions.
36-15-59 Appeal from commission decision.
36-15-60 Certain acts prohibited--Misdemeanor.
36-15-61 Injunction against violations--Expenditure of moneys authorized.
36-15-62 Citation of chapter.
CHAPTER 36-16
ELECTRICIANS AND ELECTRICAL CONTRACTORS
36-16-1 License required to engage in electrical contracting--Purpose of regulation--Noncompliance as misdemeanor.
36-16-2 Definition of terms.
36-16-3 State Electrical Commission--Number and terms of members.
36-16-4 Commission member involved in education of electrical engineers or electricians.
36-16-4.1 Lay members of commission--Appointment and term of office.
36-16-5 Oath of office--Tenure.
36-16-6 Quorum of commission.
36-16-7 Officers of commission--Expenses of members.
36-16-8 Meetings of commission--Notice.
36-16-8.1 Commission continued within Department of Labor and Regulation--Records and reports.
36-16-9 Electrical commission fund--Collections and disbursements.
36-16-10 Expense of commission.
36-16-11 36-16-11. Repealed by SL 1982, ch 16, § 32.
36-16-12 Seal of commission--Scope of rules.
36-16-13 License required--Examination--Application--Fees.
36-16-13.1 36-16-13.1. Repealed by SL 2019, ch 169, § 6.
36-16-13.2 Issuance of license to public entities.
36-16-13.3 Inactive license--Performance of job requiring license prohibited--Exemption--Change of inactive license.
36-16-14 Contractor license required for installation of wiring or parts--Farm and residential wiring by Class B electrician.
36-16-15 Electrical wiring--Personal residence or farmstead--Inspection and fee--Report--Violation as misdemeanor--Promulgation of rules--"Residence" defined.
36-16-16 Persons exempt from license requirement.
36-16-17 Licenses--Biennial fees.
36-16-18 Repealed
36-16-19 Experience required for contractor's license.
36-16-20 Undertaking and insurance required of contractor or Class B electrician--Initial and renewal deposit--Disbursement from fund--Waiver.
36-16-21 Apprentice registration--Fee--Supervision of work.
36-16-22 Evidence of experience required for license--Partnership or corporate license.
36-16-23 Reciprocal licenses to electricians from other states.
36-16-24 36-16-24. Repealed by SL 1986, ch 315, § 10.
36-16-25 Approval of license--Emergency farm and residential repairs exempt--Expiration and renewal of licenses.
36-16-26 Contractor's license terminated on death--Continuation of business.
36-16-27 Electrical work to comply with rules--Wiring permit required before connection--Fees.
36-16-28 Report to commission of electrical work done.
36-16-29 State commission inspectors and inspections--Report of inspection.
36-16-30 Installation inspection fees--Number of inspections--Promulgation of rules.
36-16-31 Condemnation of hazardous installations--Notice--Appeal to commission and circuit court.
36-16-32 Correction of condemned installation required before reconnection.
36-16-33 Grounds for refusal to issue license, revocation, or suspension.
36-16-34 Failure to register, obtain license or report wiring as misdemeanor.
36-16-34.1 Action for injunction--Election of remedies.
36-16-35 More stringent local and utility requirements permitted.
36-16-36 Civil liability for damages and injuries unaffected--Public liability not created.
36-16-37 Severability of provisions.
36-16-38 Promulgation of rules for reinstatement of expired license.
36-17-1 to 36-17-9. Transferred.
36-17-10
Repealed.
36-17-11 to 36-17-19. Transferred.
36-17-20, 36-17-21. Omitted.
36-18-1 to 36-18-4. Repealed.
36-18-4.1 to 36-18-7.2. Repealed.
36-18-8
Repealed.
36-18-9 to 36-18-11. Repealed.
36-18-12
Repealed.
36-18-13 to 36-18-16.2. Repealed.
36-18-16.3
Repealed.
36-18-17 to 36-18-17.5. Repealed.
36-18-18
Repealed.
36-18-19 to 36-18-20. Repealed.
36-18-21
Repealed.
36-18-22, 36-18-23. Repealed.
36-18-24
Repealed.
36-18-25 to 36-18-73. Repealed.
CHAPTER 36-18A
TECHNICAL PROFESSIONS
36-18A-1 Definition of terms.
36-18A-1.1 Inactive licensee defined.
36-18A-2 Practice of architecture defined.
36-18A-3 Practice of engineering, design coordination, and engineering studies defined.
36-18A-4 Practice of land surveying defined.
36-18A-5 Practice of landscape architecture defined.
36-18A-6 Practice of petroleum release assessment defined.
36-18A-7 Practice of petroleum release remediation defined.
36-18A-8 License required to practice professions enumerated in chapter.
36-18A-9 Certain persons exempt from provisions of chapter.
36-18A-10 Building consisting of more than one type of occupancy--Limitations for each type.
36-18A-11 Design-build services by contractor.
36-18A-12 Certain services performed by authorized petroleum release business exempt.
36-18A-13 Incidental cross-practice by architects and engineers.
36-18A-14 Board of Technical Professions created--Certificate of appointment--Oath of office--Number and terms of members--Composition.
36-18A-15 Board member qualifications.
36-18A-16 Immunity of board members--Attorney general to represent board.
36-18A-17 Removal of board member--Filling of vacancies.
36-18A-18 Board to elect officers--Meetings--Quorum--Inclusion in blanket bond.
36-18A-19 Accounting for moneys received--Disbursement of funds--Vouchers and warrants.
36-18A-20 Employment of counsel and assistance in enforcement.
36-18A-21 Employment of executive director and staff--Offices.
36-18A-22 Board to promulgate rules--Scope of rules--Existing rules remain in effect.
36-18A-23 Board continued within Department of Labor and Regulation--Retains functions of previous commission.
36-18A-24 Record and report policy.
36-18A-25 Engineering intern--Qualifications.
36-18A-26 Professional engineer licensure qualifications--Board to establish criteria.
36-18A-27 Architect licensure qualifications--Certification by National Council of Architectural Registration Boards in lieu of qualifications--Board to establish criteria.
36-18A-28 Land surveying intern qualifications--Board to establish criteria.
36-18A-29 Land surveyor qualifications--Board to establish criteria.
36-18A-30 Landscape architect qualifications--Certification by Council of Landscape Architectural Registration Boards in lieu of qualifications--Board to establish criteria.
36-18A-31 Petroleum release assessor or remediator--Qualifications--Board to establish criteria.
36-18A-32 Oral interview--Failure to provide information as grounds for disciplinary action--Interpretation of experience and education.
36-18A-33 Examination requirements--Fees.
36-18A-34 Notice of results--Reexamination--Fees.
36-18A-35 Licensure--Comity consideration--Promulgation of Rules--Fee.
36-18A-36 License issued to successful applicant.
36-18A-37 Display of license in place of business--Replacement license.
36-18A-38 Practice permitted recipient of license--Use of titles--License as evidence.
36-18A-39 Expiration and biennial renewal of licenses--Continuing professional education.
36-18A-40 Failure to complete continuing professional development requirements as grounds for nonrenewal--Inactive or retired status.
36-18A-41 Advance notice by board of expiration of license, professional development requirements, and fees.
36-18A-42 Reinstatement of expired license or request for inactive status--Time limits--Requirements for reinstatement.
36-18A-43 Request for inactive or retired status--Fee.
36-18A-44 Seal of licensees--Contents--Signature--Certain persons prohibited from using seal.
36-18A-45 Seal, signature, and date as certification that work done by licensee--Documents on which seal required.
36-18A-45.1 Digital signatures.
36-18A-46 Construction administration services to be provided by architect or engineer.
36-18A-46.1 Completion of work--Successor licensee--Nonprofessional services.
36-18A-47 Firm or office to have appropriately licensed person in charge.
36-18A-48 Business entity must obtain certificate of authorization--Responsibility for acts of individuals.
36-18A-49 Application for certificate of authorization--Contents.
36-18A-50 Issuance of certificate of authorization--Certificate not transferable--Exempt business.
36-18A-51 Business to report changes in information supplied on application--Time limit.
36-18A-52 General provisions applicable to business entities.
36-18A-53 Employee not responsible for corporate violations--Exception.
36-18A-54 Board inquiries and investigation of violations--Report and prosecution.
36-18A-55 Board authorized to administer oaths, subpoena witnesses--Court order to compel compliance.
36-18A-56 Proof of injury not necessary for board action on certain violations.
36-18A-57 Disciplinary remedies available to board.
36-18A-58 Additional remedies.
36-18A-59 Proceedings for revocation or suspension of license.
36-18A-60 Findings and actions of board subject to appeal.
36-18A-61 Civil remedies available to board.
36-18A-62 Service of cease and desist order.
36-18A-63 Report issued after hearing--Further order.
36-18A-64 Order becomes final if no hearing requested--Other remedies not precluded.
36-18A-65 Prohibited acts--Violation as Class 2 misdemeanor.
36-18A-66 Prohibited acts--Repeated violation as Class 1 misdemeanor.
36-18A-67 Fee to reimburse board for costs.
36-18A-68 Limitation on liability of licensed professionals--Exception.
36-18A-69 Contracts in violation unenforceable.
36-18A-70 Plans, specifications, plats and submissions in violation unacceptable.
36-18A-71 Register of deeds not to record land survey documents which do not contain signature, seal and date.
36-18A-72 Board to establish procedures and standards for certification of environmental technical services.
36-18A-73 Certification required for environmental technical services--Violation as misdemeanor.
36-18A-74 Continuation of licenses and enrollments issued under chapter 36-18.
36-18A-75 Certain activities of golf course designers authorized--"Golf course designer" defined.
36-18A-76 Limitation on liability of architects and engineers related to services provided upon request of official following disaster or catastrophic event.
CHAPTER 36-19
FUNERAL DIRECTORS AND ESTABLISHMENTS
36-19-1 Definitions.
36-19-2 State Board of Funeral Service--Terms--Vacancies.
36-19-3 Repealed.
36-19-3.1 36-19-3.1. Repealed by SL 1976, ch 234, § 3.
36-19-4 Repealed.
36-19-5 Repealed.
36-19-6 State Board of Funeral Service--Meetings.
36-19-6.1 State Board of Funeral Service--Administration.
36-19-7 State Board of Funeral Service--Compensation--Reimbursement for expenses.
36-19-8 36-19-8. Repealed by SL 1982, ch 16, § 34.
36-19-9 State Board of Funeral Service--Officers.
36-19-10 Repealed.
36-19-11 Fees paid to treasurer--Use of fees.
36-19-12 State Board of Funeral Service--Powers.
36-19-12.1 State Board of Funeral Service--Promulgation of rules.
36-19-13 Repealed.
36-19-14 Required licensure.
36-19-15 36-19-15, 36-19-16. Omitted.
36-19-17 Repealed.
36-19-18 Funeral service--Trainee licensure--Promulgation of rules--Fee.
36-19-20 Repealed.
36-19-21 Funeral service--License requirements.
36-19-22 Repealed.
36-19-23 Repealed.
36-19-24 Repealed.
36-19-25 Licensure renewal--Promulgation of rules--Fee.
36-19-25.1 Repealed.
36-19-26 36-19-26. Repealed by SL 1977, ch 300, § 8.
36-19-27 Funeral establishment--Licensure requirement--Fee--Inspection--Application.
36-19-28 Repealed.
36-19-29 36-19-29. Repealed by SL 1991, ch 311, § 5.
36-19-30 Funeral establishment--Management.
36-19-31 Funeral establishment--Inspection.
36-19-32 Funeral establishment--Transfer or cessation.
36-19-33 Repealed.
36-19-34 Repealed.
36-19-35 Repealed.
36-19-36 License--Limitations on transferability.
36-19-37 License expiration--Promulgation of rules--Renewal.
36-19-38 Grounds for action on license.
36-19-40 Repealed.
36-19-41 Violation of chapter as misdemeanor.
36-19-41.1 Injunction to prevent violations--Election of remedies.
36-19-42 Repealed.
36-19-43 Repealed.
36-20A-1 to 36-20A-8.2. Repealed.
36-20A-9
Repealed.
36-20A-10 to 36-20A-30. Repealed.
36-20A-31
Repealed.
36-20A-32 to 36-20A-36. Repealed.
CHAPTER 36-20B
PUBLIC ACCOUNTANTS
36-20B-1 Definitions.
36-20B-2 Attest defined--Statements on standards to be adopted.
36-20B-3 Report defined.
36-20B-4 South Dakota Board of Accountancy--Members--Auditor General as ex officio member--Terms--Vacancies--Removal.
36-20B-5 Officers elected annually--Quorum--Meetings--Registry of licenses--Records certified by board admissible in evidence.
36-20B-6 Board within Department of Labor and Regulation--Reports to secretary.
36-20B-7 Moneys paid to state treasurer--Credit to Board of Accountancy fund--Appropriation and expenditure of funds.
36-20B-8 Compensation and expenses of board members.
36-20B-9 Employment of personnel--Appointment of committees--Legal counsel.
36-20B-10 Authority of South Dakota Board of Accountancy.
36-20B-11 Immunity from liability of board members and agents.
36-20B-12 Promulgation of rules.
36-20B-13 Certification as certified public accountant--Fees.
36-20B-14 Good moral character defined.
36-20B-15 Education requirements.
36-20B-16 Applicant to pass examination on rules of ethics.
36-20B-17 Fee for examination.
36-20B-18 Examination--Subjects--Time, application and grading method to be determined by board--Contracts for administrative services.
36-20B-19 Successful completion of examination--Reexamination.
36-20B-20 Reciprocity of examination credits--Waiver of examination requirements.
36-20B-21 One year's experience required for initial issuance of certificate--Certificate issued prior to July 1, 2002.
36-20B-22 Eligibility to apply for a certificate.
36-20B-23 Issuance and renewal of certificate--Expiration--Application--Provisional certificates.
36-20B-24 Relinquishment of certificate or registration following suspension or revocation.
36-20B-25 Issuance of certificate without reciprocity--Requirements.
36-20B-26 Issuance of certificate to applicant licensed by another state--Qualifications substantially equivalent.
36-20B-27 Renewal of certificate--Continuing education requirement--Exception.
36-20B-28 Fee for issuance or renewal of certificate.
36-20B-29 Information to be provided concerning status of certificate or permit in another state--Personal and criminal information.
36-20B-30 Certificate issued to holder of substantially equivalent foreign designation--Conditions.
36-20B-31 Peer review of certificate holder performing compilation services.
36-20B-32 Firm permits--Duration--Provisional permits.
36-20B-32.1 Firms required to hold permit.
36-20B-32.2 Out-of-state firms performing services for in-state clients.
36-20B-32.3 Out-of-state firms performing other in-state services.
36-20B-33 Compliance with certain standards required.
36-20B-34 Information to be provided concerning status of permit in another state.
36-20B-35 Notice to be given of certain changes--Failure to comply.
36-20B-36 Peer review as condition of renewal of firm permit--Confidentiality.
36-20B-37 Fee for application or renewal of permit.
36-20B-38 Holders of permits and licenses issued under prior law--Renewal.
36-20B-39 Secretary of state as agent for service of process on nonresident applicants.
36-20B-40 Disciplinary action--Remedies available to board--Grounds.
36-20B-41 Investigations--Probable cause determination--Subpoena power of board.
36-20B-42 Investigating officer--Confidentiality of information.
36-20B-43 Findings of investigation--Effect.
36-20B-44 Random review of licensee's work.
36-20B-45 Issuance of complaint--Administrative hearing--Service of complaint and notice of hearing.
36-20B-46 Respondent to have access to investigatory report and evidence.
36-20B-47 Appearance at hearing--Examination and presentation of witnesses and evidence--Subpoenas.
36-20B-48 Presentation of evidence supporting complaint--Certain board members disqualified from decision-making--Board counsel--Record--Recorded vote of majority required to impose penalty.
36-20B-49 Failure to appear at hearing--Order--Setting aside order upon showing of good cause.
36-20B-50 Judicial review of board order.
36-20B-51 Notice to other states of disciplinary action--Information furnished to authorities--Exception when petition for review filed.
36-20B-52 Modification of prior disciplinary action--Reissuance of certificate, license, or permit--Procedure.
36-20B-53 Continuing professional education or peer review as condition for reissuance of certificate, license or permit.
36-20B-54 Certain services restricted to licensees and individuals granted practice privileges--Exceptions--Standards.
36-20B-55 Certified public accountant--Restrictions on use of title and designations.
36-20B-56 Public accountant--Restrictions on use of title and designations.
36-20B-57 Certified, chartered, enrolled, licensed, registered, or accredited accountant--Restrictions on use of title and designation--Restrictions on use of certain language.
36-20B-58 Accountant or auditor--Restrictions on use of title, designation, and language--Exceptions--Violation as misdemeanor.
36-20B-59 Chapter not applicable to certain persons holding foreign certifications or designations.
36-20B-60 Attest services to be performed through business holding valid permit.
36-20B-61 Compilation report to be issued through business holding valid permit--Exceptions.
36-20B-62 Attorney's records, documents customarily prepared in law practice not affected.
36-20B-63 Board may seek injunction.
36-20B-64 Board may institute criminal proceedings--Violation of chapter as misdemeanor.
36-20B-65 Commission of single prohibited act justifies penalty.
36-20B-66 CPA licensed in state with substantially equivalent requirements--Privileges.
36-20B-67 CPA with equivalent qualifications licensed in state not verified to have substantially equivalent requirements--Privileges.
36-20B-68 Licensee of another state who exercises practice privilege and employer consent to board's jurisdiction--Agent for service of process.
36-20B-69 Liability of licensee for act committed in another state.
36-20B-70 Firm permit required for CPA licensed in another state to exercise practice privileges.
CHAPTER 36-21A
REAL ESTATE LICENSING
36-21A-1 Definitions.
36-21A-2 Advertisement and advertising defined.
36-21A-3 Appraisal or evaluation defined.
36-21A-4 36-21A-4. Repealed by SL 2013, ch 177, § 4.
36-21A-5 Association defined.
36-21A-6 Real estate broker and broker defined.
36-21A-7 Moral turpitude defined.
36-21A-8 36-21A-8. Repealed by SL 1997, ch 275, § 3.
36-21A-9 Inactive license defined.
36-21A-10 Property manager defined.
36-21A-11 Real estate and realty defined.
36-21A-12 Real estate salesperson defined.
36-21A-12.1 Residential rental agent defined--Promulgation of rules for licensing requirements.
36-21A-12.2 Broker price opinion and comparative market analysis defined.
36-21A-13 Real estate commission created--Composition.
36-21A-14 Terms of commission members--Vacancies.
36-21A-15 Quorum of commission.
36-21A-16 Commission continued within Department of Labor and Regulation--Records and reports.
36-21A-17 Seal of commission.
36-21A-18 Executive director--Duties.
36-21A-19 Employment of personnel.
36-21A-20 Office of executive director--Records and property maintained.
36-21A-21 Meetings of commission.
36-21A-22 Filing or notice to the commission--Date of filing or notice.
36-21A-23 Compensation and expenses of commission members.
36-21A-24 Real estate courses and institutes conducted by commission.
36-21A-25 Assistance provided to libraries, licensees, institutes and foundations.
36-21A-26 List of licensees and other information to be available.
36-21A-27 Licensees not qualified for exceptions.
36-21A-28 Active license required for certain acts.
36-21A-29 Persons and entities exempt from licensure.
36-21A-30 Reputation, age, competence, and citizenship required for license--Prior rejection or revocation of license.
36-21A-30.1 Education requirement for broker associate license applicants.
36-21A-30.2 Education requirements for initial licensure as broker associate.
36-21A-31 Responsible broker's license--Experience and education required.
36-21A-32 Waiver of experience requirement on responsible broker applicant's refusal to associate--Relocation or acceptance of unfair contract not required.
36-21A-33 Denial of application--Reasons.
36-21A-34 36-21A-34. Repealed by SL 2002, ch 180, § 5.
36-21A-34.1 Requirements for upgrade to broker associate license.
36-21A-34.2 36-21A-34.2. Repealed by SL 2013, ch 177, § 13.
36-21A-35 Application for license--Contents--Oath or affirmation.
36-21A-36 Written examination--Time and place--Contents.
36-21A-36.1 Application for license--Time limit.
36-21A-37 License required for real estate firm.
36-21A-38 Responsible broker to represent corporation, limited liability company, partnership or association and sign application--Termination of affiliation--Fee.
36-21A-39 Dissolution of corporation, partnership, limited liability company, or association--Notification.
36-21A-40 36-21A-40. Repealed by SL 2011, ch 180, § 5.
36-21A-41 Qualification by examination required.
36-21A-42 36-21A-42. Repealed by SL 2001, ch 208, § 1.
36-21A-43 Examination reciprocity with other states.
36-21A-44 Issuance of license to successful applicant--Association with broker--Authority to conduct business.
36-21A-45 36-21A-45. Repealed by SL 2013, ch 177, § 16.
36-21A-46 36-21A-46. Repealed by SL 2011, ch 180, § 6.
36-21A-46.1 Responsible broker, salesperson, or broker associate permitted to form certain business entities--Conditions.
36-21A-47 Restricted broker's license--Issuance--Termination and prosecution--Promulgation of rules.
36-21A-48 Exemption from property manager's license for operators of state and federal housing units.
36-21A-49 Application fee for individual licensure.
36-21A-50 Conditions for issuing of license or reinstatement after revocation or suspension.
36-21A-51 36-21A-51. Repealed by SL 2013, ch 177, § 20.
36-21A-52 Registration of place of business--Change of location.
36-21A-53 Branch office name.
36-21A-54 Reciprocal privileges extended to nonresident licensees--Licensees from states not granting full reciprocity.
36-21A-55 Transaction of business subjects nonresidents to personal jurisdiction--Service of process--Delivery of copy of process or pleading to executive director.
36-21A-56 Written notice of change of association--Statement of registration--Salesman placed on inactive status.
36-21A-57 36-21A-57. Repealed by SL 2013, ch 177, § 21.
36-21A-58 Renewal of license by salesperson or broker associate not associated with responsible broker--Restrictions on inactive salesperson or broker associate.
36-21A-59 36-21A-59. Repealed by SL 2013, ch 177, § 22.
36-21A-60 Additional fees.
36-21A-61 Biennial registration--Cancellation upon failure to register.
36-21A-62 Biennial proof by licensees of continuing education--Persons exempt.
36-21A-63 Approved courses for continuing education--List maintained--Standards.
36-21A-64 License inactive until proof of continuing education provided.
36-21A-65 Exceptions to continuing education requirements.
36-21A-66 Late renewal application--Fee.
36-21A-67 Licensees entering United States armed forces--Application for reinstatement--Timing and requirements--Waiver of continuing education.
36-21A-68 Grounds for revocation of license--Criminal prosecution--Setting minimum fees not impaired--Suspension, reprimand, and monetary penalties.
36-21A-69 36-21A-69. Repealed by SL 2013, ch 177, § 27.
36-21A-69.1 Responsible broker to surrender associate licenses.
36-21A-70 Revocation or suspension of firm license following discipline of responsible broker.
36-21A-71 Acts constituting unprofessional conduct.
36-21A-72 Restrictions on licensee advertising.
36-21A-73 36-21A-73. Repealed by SL 1998, ch 229, § 28.
36-21A-74 Preservation of records.
36-21A-75 Closing statements to be furnished by brokers.
36-21A-76 Co-brokerage transaction--Money held in broker's trust account.
36-21A-77 Purchaser deposits in unconsummated transactions.
36-21A-78 Substantiation of information in listing agreement--Latent defects.
36-21A-79 Broker's responsibility for activities of affiliated licensees.
36-21A-80 Handling of money received by broker for principal.
36-21A-81 Disbursement pursuant to written agreement of trust funds where purchase agreement does not close.
36-21A-82 Deposit slip and ledger sheet for special trust account--Records maintained--Notice to commission as to financial institution and name of account.
36-21A-83 Records kept by broker remitting immediately to principal.
36-21A-84 Completed transaction required for compensation of broker--Promulgation of rules for exceptions.
36-21A-85 36-21A-85. Repealed by SL 1998, ch 229, § 29.
36-21A-86 Procedure on revocation of license--Appeal.
36-21A-87 Violation of chapter as misdemeanor.
36-21A-88 Action for compensation of unlicensed persons prohibited.
36-21A-89 Administration and enforcement of chapter--Promulgation of rules.
36-21A-89.1 36-21A-89.1. Repealed by SL 2005, ch 230, § 3.
36-21A-90 Promulgation of rules establishing uniform standards of professional appraisal practice.
36-21A-91 Actions for injunction--Attorney fees and costs.
36-21A-92 36-21A-92. Repealed by SL 2013, ch 177, § 33.
36-21A-93 Application for subdivision certificate--Fee--Contents--Additional information.
36-21A-94 Proof by subdivider of ability to provide promised public improvements--Security.
36-21A-95 Investigation of application and inspection of out-of-state real estate--Expenses borne by applicant.
36-21A-96 Designation of executive director of commission as agent for service of process.
36-21A-97 Issuance of certificate--Annual fee--Cancellation or renewal of certificate--Investigation.
36-21A-98 Recording of instrument conveying interest in subdivision.
36-21A-99 Cease and desist orders to prevent subdivision sales provisions violations.
36-21A-100 Contracts violating subdivision sale provisions void and unenforceable--Recovery of money paid plus interest.
36-21A-101 Establishment of real estate recovery fund--Purpose.
36-21A-102 Minimum balance in recovery fund--Separate fee payable to restore minimum balance.
36-21A-103 Notice to commission of claims against recovery fund--Intervention by commission.
36-21A-104 Application by unsatisfied judgment creditor for payment of loss from recovery fund--Maximum payment--Service on commission and judgment debtor--Hearing on application for payment--Continuances.
36-21A-105 Facts to be shown at hearing by applicant for payment from recovery fund.
36-21A-106 False statement in proceedings against recovery fund as perjury.
36-21A-107 Burden of proof as to fraud or conversion--Presumption when original action was contested by debtor.
36-21A-108 Defense by commission of action against recovery fund--Motion for dismissal--Compromise.
36-21A-109 Defense by judgment debtor in action against recovery fund.
36-21A-110 Payment from recovery fund ordered only on valid cause of action--Prior judgment only prima facie evidence.
36-21A-111 Order for payment from recovery fund.
36-21A-112 Maximum liability of fund for acts of one licensee.
36-21A-113 Deferred payment of authorized claim--Interest.
36-21A-114 Suspension of license when payment from fund authorized--Repayment to fund required for reinstatement.
36-21A-115 Subrogation of fund to rights under judgment paid--Assignment.
36-21A-116 Other disciplinary powers unimpaired--Effect of repayment to fund.
36-21A-117 36-21A-117, 36-21A-118. Transferred to §§ 36-21B-3, 36-21B-7.
36-21A-119 Errors and omissions insurance required of salesmen and brokers.
36-21A-120 Group insurance coverage authorized--Independent errors and omissions coverage.
36-21A-121 Commission to determine conditions of errors and omissions coverage.
36-21A-122 Notice of terms and conditions of errors and omissions--Certificate of coverage.
36-21A-123 36-21A-123. Repealed by SL 2001, ch 209, § 1.
36-21A-124 Employment status--Independent contractor.
36-21A-125 Adverse material fact defined.
36-21A-126 Brokerage defined.
36-21A-127 Confidential information defined.
36-21A-128 Informative acts that do not constitute representation.
36-21A-129 Substantive contact defined.
36-21A-130 Agency agreements--Requirements.
36-21A-131 Licensee--Limited relationships.
36-21A-132 Duties and obligations of licensee representing seller or landlord.
36-21A-133 Disclosure of client information by seller's or landlord's agent.
36-21A-134 Seller's agent has no fiduciary duty to customer.
36-21A-134.1 No duty to disclose sex offender information.
36-21A-135 Seller's agent may show other properties.
36-21A-136 Duties and obligations of licensee representing buyer or tenant.
36-21A-137 Buyer's or tenant's agent not to disclose certain information without written authority--Exceptions.
36-21A-138 Buyer's agent has no fiduciary duty to customer.
36-21A-138.1 No duty to volunteer sex offender information--Actual knowledge must be disclosed upon inquiry.
36-21A-139 Buyer's agent may show property to competing clients.
36-21A-140 Licensee as limited agent--Written consent of all parties required--Duties and obligations.
36-21A-141 Certain information not to be disclosed by limited agent without written consent.
36-21A-141.1 Appointment of licensee to act as appointed agent of client to exclusion of other licensees--Limited agent--Information--Rules.
36-21A-142 Limited agent not to disclose certain information about one client to another without written authority--Exceptions.
36-21A-143 Subagency defined.
36-21A-144 Transaction broker--Duties and obligations.
36-21A-145 Transaction broker not responsible for--Independent inspections--Statements by seller--Finances.
36-21A-146 Certain information not to be disclosed by transaction broker without written consent.
36-21A-147 Office policies--Relationships--Written disclosure.
36-21A-148 Client, licensee not liable for misrepresentation made by the other--Exception.
36-21A-149 Duties under common law.
36-21A-150 Duties of broker or licensee after transaction finished.
36-21A-151 Applicants and licensees under disciplinary investigation--Criminal background check.
CHAPTER 36-21B
REAL ESTATE APPRAISERS
36-21B-1 Appraisers to be certified, licensed, or registered--Injunction for violation.
36-21B-2 Definitions.
36-21B-2.1 Repealed.
36-21B-2.2 Criminal background checks.
36-21B-2.3 Grounds for denying issuance of certificate.
36-21B-3 Promulgation of rules.
36-21B-4 Promulgation of rules to establish fees for certification of appraisers.
36-21B-5 Fees credited to Real Estate Appraisers Fund.
36-21B-6 Legislative appropriations of Real Estate Appraiser Fund.
36-21B-7 Penalty for violation of statute or rule.
36-21B-8 Application of chapter.
36-21B-9 36-21B-9. Repealed by SL 2001, ch 210, § 2.
36-21B-10 Contested cases--Assessment of expenses.
36-21B-11 Improper influence on real estate appraisals prohibited--Grounds for discipline.
36-21B-12 Conduct not constituting improper influence on real estate appraisals.
36-21B-13 Evaluation for federally insured depository institution.
CHAPTER 36-21C
HOME INSPECTORS
36-21C-1 Definition of terms.
36-21C-2 Commission to license or register home inspectors.
36-21C-3 Home inspectors to be licensed or registered--Violation as misdemeanor.
36-21C-4 Application for license--Requirements.
36-21C-5 Application for registration--Requirements.
36-21C-6 Promulgation of rules for licensing and registration.
36-21C-7 Exceptions to home inspector licensing requirements.
36-21C-8 Issuing of license to persons licensed elsewhere.
36-21C-9 Initial provisions for licensing experienced home inspectors.
36-21C-10 Expiration and renewal of license or registration--Applications--Penalty for late filing.
36-21C-11 Suspension, revocation, reprimand, or fine for violation of chapter.
36-21C-12 Fees and fines paid to commission fund.
36-21C-13 Grounds for refusing, suspending or revoking license or registration.
36-21C-14 Applicants and licensees under disciplinary investigation--Criminal background check.
CHAPTER 36-21D
APPRAISAL MANAGEMENT COMPANIES
36-21D-1 Registration of appraisal management companies required--Injunction for violation.
36-21D-2 Appraisal management company defined.
36-21D-3 Appraisal defined.
36-21D-4 Promulgation of rules regarding companies and services.
36-21D-5 Promulgation of rules regarding fees.
36-21D-6 South Dakota appraisal management companies fund.
36-21D-7 Expenditure from fund only upon appropriation.
36-21D-8 Monetary penalty for violation.
36-21D-9 Assessment of expenses of contested case proceeding.
36-21D-10 Prohibited conduct--Grounds for discipline.
36-21D-11 Permissible conduct.
36-21D-12 Surety bond or irrevocable letter of credit to be filed with application for registration or renewal--Conditions.
36-21D-13 Maintenance of surety bond or irrevocable letter of credit.
36-21D-14 Action against surety bond or irrevocable letter of credit.
CHAPTER 36-24
HEARING AID DISPENSERS AND AUDIOLOGISTS
36-24-1 Definition of terms.
36-24-1.1 Repealed.
36-24-1.2 Repealed.
36-24-1.3 Repealed.
36-24-1.4 Repealed.
36-24-1.5 Repealed.
36-24-1.6 Scope of audiology.
36-24-1.7 Scope of hearing aid dispensing.
36-24-2 Board of hearing aid dispensers and audiologists created.
36-24-3 Repealed.
36-24-4 Repealed.
36-24-4.1 Repealed.
36-24-5 Terms of office of board members.
36-24-6 Repealed.
36-24-7 Repealed.
36-24-8 Election of president and vice-president.
36-24-9 Meetings of the board.
36-24-9.1 Per diem and expenses of board.
36-24-10 36-24-10. Repealed by SL 1997, ch 221, § 56.
36-24-10.1 Board continued within Department of Health--Records and reports.
36-24-11 Disposition of money received by board--Board of hearing aid dispensers and audiologists account of general fund.
36-24-12 36-24-12. Repealed by SL 1997, ch 221, § 57.
36-24-12.1 Authority of Board of Hearing Aid Dispensers and Audiologists.
36-24-13 36-24-13. Repealed by SL 1997, ch 221, § 58.
36-24-13.1 36-24-13.1 to 36-24-13.3. Repealed by SL 2003, ch 205, §§ 1 to 3.
36-24-13.4 Repealed.
36-24-14 Repealed.
36-24-15 36-24-15. Repealed by SL 1997, ch 221, § 59.
36-24-16 License required for practice.
36-24-17 36-24-17. Repealed by SL 1997, ch 221, § 60.
36-24-17.1 Repealed.
36-24-17.2 Qualifications for licensure--Hearing aid dispenser.
36-24-17.3 Qualifications for licensure--Audiologist.
36-24-17.4 Repealed.
36-24-18 Repealed.
36-24-19 Repealed.
36-24-20 Scope of qualifying examinations.
36-24-21 36-24-21. Repealed by SL 1997, ch 221, § 61.
36-24-21.1 Repealed.
36-24-22 36-24-22. Repealed by SL 1997, ch 221, § 62.
36-24-24 36-24-24. Repealed by SL 1997, ch 221, § 63.
36-24-24.1 Certain activities not prevented or restricted.
36-24-24.2 Provisional hearing aid dispensing license--Scope of provisional license.
36-24-24.3 Repealed.
36-24-25 36-24-25. Repealed by SL 1997, ch 221, § 64.
36-24-25.1 Issuance of license to out-of-state licensee--Promulgation of rule.
36-24-25.2 Foreign educated applicant.
36-24-26 36-24-26, 36-24-27. Repealed by SL 1975, ch 238, § 5.
36-24-28 36-24-28. Repealed by SL 1997, ch 221, § 65.
36-24-28.1 Expiration of license--Renewal.
36-24-29 36-24-29. Repealed by SL 1997, ch 221, § 66.
36-24-29.1 Failure to renew--Reinstatement--New license--Promulgation of rule.
36-24-29.2 Suspended license--Revoked license--Probation--Promulgation of rule.
36-24-30 Posting of certificate of license--Violation a misdemeanor.
36-24-31 Change of business information--Board notice.
36-24-32 Notices to licensees by board--Mailing to business address.
36-24-33 Receipt for sale of hearing aid--Contents--Refund--Violation as misdemeanor.
36-24-34 Repealed.
36-24-35 Repealed.
36-24-36 Repealed.
36-24-37 Repealed.
36-24-38 Repealed.
36-24-39 36-24-39. Repealed by SL 1997, ch 221, § 67.
36-24-39.1 Grounds for disciplinary action.
36-24-39.2 Disciplinary actions.
36-24-40 36-24-40. Repealed by SL 1997, ch 221, § 68.
36-24-41 Procedure for suspension, revocation or denial of license.
36-24-42 Enforcement of chapter by board--Election of remedies.
36-24-43 36-24-43. Repealed by SL 1997, ch 221, § 69.
36-24-44 Injunctive relief.
36-24-45 Repealed.
36-24-46 Repealed.
36-24-47 Promulgation of rules.
36-24-48 Telehealth services.
CHAPTER 36-25
PLUMBERS
36-25-1 Definition of terms.
36-25-2 State Plumbing Commission created--Appointment and qualifications of members.
36-25-3 Terms of commission members.
36-25-4 Oath of office of commission members--Tenure.
36-25-5 Vacancies on commission.
36-25-6 Meetings of commission--Quorum.
36-25-6.1 Commission continued within Department of Labor and Regulation--Records and reports.
36-25-7 Seal and record of proceedings--Register.
36-25-8 Officers of commission--Terms of office.
36-25-9 36-25-9. Repealed by SL 2015, ch 259, § 2.
36-25-10 Employment of inspectors and assistants.
36-25-11 36-25-11. Repealed by SL 1971, ch 23, § 2.
36-25-12 Compensation of secretary-treasurer and employees--Other expenses.
36-25-13 36-25-13. Repealed by SL 1978, ch 277, § 2.
36-25-13.1 Payment of income to state treasurer--Account in treasury--Appropriation for expenses.
36-25-14 Administration of chapter--Promulgation of rules by commission.
36-25-15 Standards adopted for plumbing--Conformity to Uniform Plumbing Code.
36-25-15.1 Scope and objectives of plumbing standards and rules.
36-25-16 Local regulations permitted--Minimum standards--Plumbing by registrant pending municipal permit.
36-25-17 License required for plumbing work on property connected to public water or sewer system--Exceptions.
36-25-17.1 Waiver of licensing requirements for applicants in rural areas and small municipalities--Examination.
36-25-17.2 Training to be provided--Scope and contents--Exception.
36-25-17.3 License required--Small on-site wastewater system work.
36-25-18 Commission as committee of examiners--Duties of committee.
36-25-19 Application for license--Examination--Fees.
36-25-19.1 Plumbing inspection fee--Permit fee--Installation certificate fee.
36-25-19.2 Plumbing permit not required in certain situations.
36-25-19.3 Fees for plumbing code training courses.
36-25-19.4 Expiration of licenses issued under § 36-25-19--Renewal.
36-25-21 Reciprocity with other states.
36-25-22 36-25-22. Repealed by SL 2019, ch 169, § 7.
36-25-22.1 Repealed by SL 2012, ch 252, § 3.
36-25-23 Temporary permits.
36-25-24 Initial apprentice license fees--Temporary license fees.
36-25-24.1 Underground irrigation defined.
36-25-25 36-25-25. Repealed by SL 1971, ch 216, § 2.
36-25-26 Notice to commission of change of address.
36-25-27 Grounds for refusal to issue license, revocation, or suspension.
36-25-28 36-25-28. Repealed by SL 2019, ch 169, § 8.
36-25-30 Violation of chapter as misdemeanor.
36-25-31 Injunction to prevent violations--Election of remedies.
36-25-32 Continuing education.
CHAPTER 36-26
SOCIAL WORKERS
36-26-1 Definition of terms.
36-26-2 Purpose and application of chapter.
36-26-3 Board of Social Work Examiners--Composition--Appointment and qualifications of members.
36-26-4 36-26-4. Repealed by SL 2005, ch 199, § 61.
36-26-5 Terms of appointment.
36-26-6 Removal by Governor for cause--Filling of vacancies.
36-26-7 Annual meeting and election of officers--Secretary-treasurer included in blanket bond.
36-26-8 Per diem and expenses of board members--Compensation of secretary-treasurer--Employment of office personnel.
36-26-9 Board of examiners within Department of Social Services--Exercise of functions--Records and reports.
36-26-10 Unlicensed practice as misdemeanor--Associates to be supervised by social workers.
36-26-11 Titles and designations prohibited to unlicensed persons.
36-26-12 Practice of other professions not prohibited--Students to practice under licensee.
36-26-13 Board to issue licenses.
36-26-14 Qualifications of certified social worker.
36-26-15 Qualifications for social worker's license.
36-26-15.1 Licensure of persons graduating from social work programs in candidacy status.
36-26-16 Qualifications for social work associate.
36-26-17 Independent practice requirements.
36-26-17.1 Certain healing arts practitioners to participate in alternate health care delivery systems.
36-26-18 Exemption from examination for out-of-state licensees.
36-26-18.1 National or multi-state licensing compact.
36-26-19 Application fees.
36-26-20 36-26-20. Repealed by SL 2010, ch 195, § 2.
36-26-21 Times and places of examinations.
36-26-22 Re-examinations allowed--Fee.
36-26-23 Expiration and renewal of licenses--Renewal fee.
36-26-24 Display of license.
36-26-25 Annual publication of names of licensees and private practitioners.
36-26-26 Continuing education required--Waiver.
36-26-27 Failure to renew as forfeiture of license--Restoration upon application and payment of fee.
36-26-28 Re-examination required after lapse of license.
36-26-29 Promulgation of rules by board.
36-26-30 Social worker-client privilege--Exceptions.
36-26-31 Examination and inspection of private establishments--Access to premises.
36-26-32 Grounds for denial, revocation, suspension, or cancellation of license.
36-26-33 Initiation of cancellation, revocation, or suspension proceedings.
36-26-34 Quorum for proceedings on cancellation, revocation, suspension or reissuance of license--Majority vote required.
36-26-35 Proceedings to conform to administrative procedure.
36-26-36 Appeal from board rulings or decisions.
36-26-37 Reinstatement or reissue of license after cancellation, suspension or revocation--Automatic reinstatement after suspension.
36-26-38 Record of license data kept by secretary-treasurer--Evidence--Certified copies.
36-26-39 Violation of chapter as misdemeanor.
36-26-40 Board to recommend prosecutions and civil actions for violations.
36-26-41 Investigation and report of violations--Employment of special counsel--Expenses.
36-26-42 Action to enjoin violations--Alternate to criminal proceedings--Election.
36-26-43 Disposition of moneys received by board--Credit to Board of Examiners account--Continuous appropriation for expenses.
36-26-44 Issuance of temporary licenses--Validity--Expiration.
36-26-45 Clinical social work defined.
CHAPTER 36-27A
PSYCHOLOGISTS
36-27A-1 Definitions.
36-27A-2 Exempt persons.
36-27A-3 Board of examiners-Number of members--Qualifications--Appointment.
36-27A-4 36-27A-4, 36-27A-5. Repealed by SL 2005, ch 199, §§ 64, 65.
36-27A-6 Terms of board members.
36-27A-7 Removal of board members--Vacancies--Limitation of successive terms.
36-27A-8 Meetings of board--Election of officers--Records of meetings.
36-27A-9 Board within Department of Social Services--Department providing administrative functions--Expenses--Reports.
36-27A-10 Representations as psychologist restricted.
36-27A-11 License of another state.
36-27A-12 Qualifications for license.
36-27A-12.1 Provisional license.
36-27A-13 Exemption from doctoral degree requirement.
36-27A-14 Exemption from examination requirement.
36-27A-15 Exemption from internship requirement.
36-27A-16 Residence requirement for exemptions.
36-27A-17 American Board of Professional Psychology diploma--Exemption from license requirement.
36-27A-18 Demonstration of competence required--Variation by board.
36-27A-19 Fee for application.
36-27A-20 Reexamination after failure to pass--Additional fee.
36-27A-21 Application for license--Forms--Verification--Fee--Supporting evidence.
36-27A-22 Examinations--Time and place--Type.
36-27A-22.1 Fee for initial licensure.
36-27A-23 License contents--Signature--Seal--Display.
36-27A-23.1 Certain healing arts practitioners to participate in alternate health care delivery systems.
36-27A-24 Renewal of license--Fee--Forfeiture--Restoration.
36-27A-25 Code of ethics.
36-27A-26 Continuing education required--Records--Reports.
36-27A-27 Recommendations of civil action against violations.
36-27A-28 Revocation or suspension of license--Grounds.
36-27A-29 Proceedings for suspension or revocation--Reissuance.
36-27A-29.1 Special fee to pay for cost of disciplinary actions.
36-27A-30 Majority vote required for suspension or revocation.
36-27A-31 Appeals from board action.
36-27A-32 Reinstatement of license--Procedure.
36-27A-33 Enjoining or restraining violations.
36-27A-34 Investigation and prosecution of violations.
36-27A-34.1 Dismissal of frivolous or unfounded complaint--Complaint may be expunged from licensee's record.
36-27A-35 Record of licensees maintained--Certified copies as evidence--Fee for copies.
36-27A-36 Compensation of board members.
36-27A-37 Disposition of receipts by board--Special account--Appropriation--Limitation of expenses.
36-27A-38 Confidentiality of psychologist-patient relationship and communications.
36-27A-39 Immunity from liability of board members, agents and witnesses.
36-27A-40 Limited liability of members of board or professional society for actions taken to maintain standards--Professional society defined--Official immunity unaffected.
CHAPTER 36-27B
PSYCHOLOGY INTERJURISDICTIONAL COMPACT
36-27B-1 Psychology Interjurisdictional Compact.
36-28-1
Definition of terms.
36-28-2
Board--Appointment--Qualifications--Terms of members.
36-28-3
Vacancies on board--Removal of members.
36-28-4
Officers of board--Rules--Terms--Services.
36-28-4.1
Meetings--Quorum.
36-28-5
Board continued within Department of Health--Records and reports.
36-28-5.1
Immunity of board, members, and agents.
36-28-6
Unlicensed acting as administrator as misdemeanor.
36-28-7
Injunction to prevent violation.
36-28-8
Exemption from medical educational qualifications for applicants certified by church
or religious denomination.
36-28-9
Adoption of rules by board for determining qualifications and competence of
administrators--License holders deemed qualified.
36-28-10
Adoption of rules by board to develop, impose, and enforce licensing standards.
36-28-11
Examination and investigation techniques--Fees.
36-28-12
Age, character, training and examination requirements for administrator's license.
36-28-12.1
Criminal background investigation of applicants for licensure and licensees under
disciplinary investigation--Fees.
36-28-13
Emergency permit--Duration of permit--Rules--Fee.
36-28-14
Issuance of license to license holder from another jurisdiction.
36-28-15
Initial fee for license.
36-28-16
Transfer of license not authorized--Period of validity of license.
36-28-17
Repealed.
36-28-18
Expiration and renewal of license--Fee.
36-28-18.1
Duplicate licenses.
36-28-18.2
Application for inactive status--Reactivation--Fee.
36-28-19 to 36-28-21. Repealed.
36-28-21.1
Promulgation of rules.
36-28-22
Repealed.
36-28-23
Action by board for license violation--Revocation or suspension of license.
36-28-24
Repealed.
36-28-25
Disposition of fees.
36-28-26, 36-28-27. Repealed.
36-28-28
Severability of provisions.
CHAPTER 36-29
ATHLETIC TRAINERS
36-29-1 Definitions.
36-29-1.1 Practice of athletic training--Description.
36-29-2 Unlicensed practice as misdemeanor--Exemptions.
36-29-3 Qualifications for license.
36-29-3.1 Repealed.
36-29-4 Practice of medicine not authorized--Licensees exempt.
36-29-5 Repealed.
36-29-6 License fees--Promulgation of rules.
36-29-7 Repealed.
36-29-8 Athletic training council--Appointment--Terms--Meetings--Duties--Board communication.
36-29-9 Repealed.
36-29-10 Repealed.
36-29-11 Expiration of license--Renewal.
36-29-12 Repealed.
36-29-13 Repealed.
36-29-14 License renewal--Continuing education requirements--Promulgation of rules.
36-29-15 Expired license renewal--Continuing education requirements--Limitation.
36-29-16 36-29-16. Repealed by SL 2005, ch 204, § 4.
36-29-17 Promulgation of rules--Practice standards, ethics, administration.
36-29-18 Grounds for license revocation, suspension, or cancellation.
36-29-19 Initiation of proceedings to cancel, suspend, or revoke license.
36-29-20 Board majority to cancel, suspend, revoke, or reissue license.
36-29-21 Procedure to cancel, suspend, or revoke license.
36-29-22 Repealed.
36-29-23 Repealed.
36-29-24 Repealed.
36-29-25 Enforcement duties of board.
36-29-26 Investigation and report of violations.
36-29-27 Injunction against violation--Alternative to criminal prosecution.
36-29-28 Violation as misdemeanor.
36-29-29 Repealed.
36-29-30 Repealed.
36-30-1
Definitions.
36-30-2
License required--Violation as misdemeanor.
36-30-3
Qualifications for license--Application--Fee.
CHAPTER 36-31
OCCUPATIONAL THERAPISTS
36-31-1 Definition of terms.
36-31-2 Occupational therapy council--Appointment--Terms--Meetings--Duties--Board communication.
36-31-3 Practice or representation as occupational therapist by unlicensed person as misdemeanor.
36-31-4 Certain activities not proscribed or restricted.
36-31-5 Limited permit--Duration--Renewal.
36-31-6 Application for licensure--Requirements.
36-31-6.1 Application for licensure--Criminal background check requirement.
36-31-7 Waiver of education requirements.
36-31-8 Additional waiver provisions.
36-31-9 Requirements for foreign-trained occupational therapists or assistants.
36-31-10 Issuance of license upon payment of fee.
36-31-11 Expiration of license--Renewal--Fee--Restoration of forfeited license--Time limit--Continuing competency requirements.
36-31-12 Fees.
36-31-13 Promulgation of rules.
36-31-14 Grounds for revocation, suspension, or cancellation of license.
36-31-15 Initiation of license cancellation, revocation, or suspension proceedings.
36-31-16 Majority of board members to be present at license cancellation, revocation, suspension, or reissuance proceedings--When majority vote required.
36-31-17 Applicability of chapter 1-26.
36-31-18 Appeal from decision of board.
36-31-19 When license may be reissued or reinstated--Provision for automatic reinstatement.
36-31-20 Maintenance of record book--Admissibility of records and licenses in evidence--Copies of records to be furnished on request--Fee.
36-31-21 Additional duties of board--Criminal prosecutions--Civil actions.
36-31-22 Investigation and report of violations.
36-31-23 Action for injunction--Injunction as alternative to criminal proceedings--Election.
36-31-24 Violation of chapter as misdemeanor.
36-31-25 Limit on board expenditures.
CHAPTER 36-31A
INTERSTATE COMPACT ON OCCUPATIONAL THERAPY LICENSURE
36-31A-1 Participation in compact--Authorization.
36-31A-2 Purpose.
36-31A-3 Definitions.
36-31A-4 State participation in compact--Single-state license not affected.
36-31A-5 Compact privilege.
36-31A-6 New home state license--Compact privilege.
36-31A-7 Active duty military personnel and spouses.
36-31A-8 Adverse actions.
36-31A-9 Occupational therapy compact commission--Establishment--Authorities--Duties--Procedure--Limited liability.
36-31A-10 Data system.
36-31A-11 Rulemaking authority--Member state rejection--Procedure--Notice and public comment--Hearing.
36-31A-12 Compact as law--Commission standing--Oversight--Dispute resolution--Enforcement.
36-31A-13 Implementation date--Withdrawal--Other cooperation permitted--Amendment.
36-31A-14 Construction and severability.
36-31A-15 Binding effect of compact.
CHAPTER 36-32
PROFESSIONAL COUNSELORS
36-32-1 Repealed
36-32-2 Repealed
36-32-3 Repealed
36-32-4 Repealed
36-32-5 Repealed
36-32-6 Repealed
36-32-7 Repealed
36-32-8 Repealed
36-32-9 Repealed
36-32-10 Repealed
36-32-11 36-32-11. Repealed by SL 2008, ch 199, § 1.
36-32-12 Repealed
36-32-13 Repealed
36-32-13.1 36-32-13.1, 36-32-13.2. Repealed by SL 2014, ch 187, § 1, 2.
36-32-14 36-32-14, 36-32-15. Repealed by SL 1998, ch 240, §§ 2, 3.
36-32-16 Repealed
36-32-17 Repealed
36-32-18 Repealed
36-32-19 Repealed
36-32-19.1 36-32-19.1. Repealed by SL 2014, ch 187, § 5.
36-32-20 Repealed
36-32-21 Repealed
36-32-22 Repealed
36-32-23 Repealed
36-32-24 Repealed
36-32-25 Repealed
36-32-26 Repealed
36-32-27 Repealed
36-32-28 Repealed
36-32-29 Repealed
36-32-30 Repealed
36-32-31 Repealed
36-32-32 Repealed
36-32-33 Repealed
36-32-34 Repealed
36-32-35 36-32-35. Repealed by SL 1998, ch 240, § 11.
36-32-36 Repealed
36-32-37 Repealed
36-32-38 Repealed
36-32-39 Repealed
36-32-40 Repealed
36-32-41 Repealed
36-32-42 Repealed
36-32-43 Repealed
36-32-44 Repealed
36-32-45 36-32-45. Repealed by SL 2014, ch 187, § 10.
36-32-46 Repealed
36-32-47 Definitions.
36-32-48 Board of Examiners for Counselors and Marriage and Family Therapists--Membership--Appointment and qualifications.
36-32-49 Term of office--Compensation.
36-32-50 Removal for cause--Vacancy.
36-32-51 Meetings--Election of officers.
36-32-52 Immunity from liability.
36-32-53 Board within Department of Social Services.
36-32-54 Moneys received by board--Fund--Deposit--Continuous appropriation.
36-32-55 Duties of board.
36-32-56 Standards and procedures--Promulgation of rules.
36-32-57 Display of license.
36-32-58 Unlicensed practice--Violation as misdemeanor.
36-32-59 Use of certain titles by unlicensed persons--Prohibition.
36-32-60 Fraudulent or misleading advertising--Violation as misdemeanor.
36-32-61 Performing services outside of scope--Prohibition.
36-32-62 Enforcement of chapter.
36-32-63 Assistance in enforcement--Expenditures--Employment of attorney.
36-32-64 Licensed professional counselor--Application--Requirements--Appeal.
36-32-64.1 Licensed professional counselor--Exception to minimum-hour degree requirement--Compact eligibility.
36-32-65 Licensed professional counselor-mental health--Application--Requirements--Appeal.
36-32-65.1 Licensed professional counselor-mental health--Exception to minimum hour degree requirement--Compact eligibility.
36-32-66 Examination of applicant's physical or mental health.
36-32-67 Applicants licensed out-of-state--Licensure requirements.
36-32-68 Applicants licensed out-of-state--Temporary license.
36-32-69 Person practicing under temporary license--Board supervision and discipline.
36-32-70 Change of name or address--Notice to board.
36-32-71 Term of license.
36-32-72 Renewal of license.
36-32-73 Continuing education for license renewal.
36-32-74 Inactive license--Reactivation.
36-32-75 Expired license--Reactivation.
36-32-76 Inapplicability of chapter to certain activities and services.
36-32-77 Client's violent behavior--Duty to warn.
36-32-78 Privileged information--Exceptions.
36-32-79 Testimony by counselor--Alimony or divorce action.
36-32-80 Complaints--Investigation--Dismissal--Hearing--Appeal.
36-32-81 Inspection of premises--Purposes.
36-32-82 Discovery--Evidence in contested cases--Civil actions.
36-32-83 Revocation of license--Grounds.
36-32-84 Revocation proceedings--Initiation.
36-32-85 Violation of chapter--Sanctions.
36-32-86 Suspension of license or registration--Grounds--Hearing--Appeal.
36-32-87 Conformity of revocation proceedings--Appeal.
36-32-88 Reinstatement of license.
36-32-89 Violations reported to law enforcement officials--Prosecution of violations.
36-32-90 Action for injunction.
36-32-91 Counseling services through electronic means--Requirements.
36-32-92 Fees--Promulgation of rules.
36-32-93 Professional counselors--Continuation of licenses.
36-32-94 Professional counselor--mental health--Continuation of licenses.
36-32-95 Background check--Compact participants--Costs.
CHAPTER 36-32A
COUNSELING LICENSURE COMPACT
36-32A-1 Current licensees and individuals practicing under plan of supervision--Eligible for compact privilege.
36-32A-2 Counseling--Licensure--Interstate compact.
CHAPTER 36-33
MARRIAGE AND FAMILY THERAPISTS
36-33-1 Repealed
36-33-2 Repealed
36-33-3 36-33-3. Repealed by SL 2005, ch 199, § 75.
36-33-4 Repealed
36-33-5 Repealed
36-33-6 Repealed
36-33-7 Repealed
36-33-8 Repealed
36-33-9 Repealed
36-33-10 36-33-10. Repealed by SL 1998, 241, § 2.
36-33-11 Repealed
36-33-12 Repealed
36-33-13 Repealed
36-33-14 Repealed
36-33-15 Repealed
36-33-16 Repealed
36-33-17 Repealed
36-33-18 Repealed
36-33-19 Repealed
36-33-20 Repealed
36-33-21 Repealed
36-33-22 Repealed
36-33-23 Repealed
36-33-24 Repealed
36-33-25 Repealed
36-33-26 Repealed
36-33-27 Repealed
36-33-28 Repealed
36-33-29 Repealed
36-33-30 Repealed
36-33-31 Repealed
36-33-32 Repealed
36-33-33 Repealed
36-33-34 Definitions.
36-33-35 Display of license.
36-33-36 Unlicensed practice--Violation as misdemeanor.
36-33-37 Use of certain titles by unlicensed persons--Prohibition.
36-33-38 Fraudulent or misleading advertising--Violation as misdemeanor.
36-33-39 Performing services outside of scope--Prohibition.
36-33-40 Inapplicability of chapter to certain professionals.
36-33-41 Enforcement of chapter.
36-33-42 Assistance in enforcement--Expenditures--Employment of attorney.
36-33-43 Marriage and family therapist--Application--Requirements.
36-33-44 Examination of applicant's physical or mental health.
36-33-45 Applicants licensed out-of-state--Licensure requirements.
36-33-46 Applicant licensed out-of-state--Temporary license.
36-33-47 Person practicing under temporary license--Board supervision and discipline.
36-33-48 Change of name or address--Notice to board.
36-33-49 Term of license.
36-33-50 Renewal of license.
36-33-51 Continuing education for license renewal.
36-33-52 Inactive license--Reactivation.
36-33-53 Expired license--Reactivation.
36-33-54 Inapplicability of chapter to certain activities and services.
36-33-55 Client's violent behavior--Duty to warn.
36-33-56 Privileged information--Exceptions.
36-33-57 Testimony by therapist--Alimony or divorce action.
36-33-58 Complaints--Investigation--Dismissal--Hearing--Appeal.
36-33-59 Inspection of premises.
36-33-60 Evidence in contested cases--Civil actions.
36-33-61 Revocation of license--Grounds.
36-33-62 Revocation proceedings--Initiation.
36-33-63 Violation of chapter--Sanctions.
36-33-64 Suspension of license or registration--Grounds--Hearing--Appeal.
36-33-65 Conformity of revocation proceedings--Appeal.
36-33-66 Reinstatement of license.
36-33-67 Violations reported to law enforcement officials--Prosecution of violations.
36-33-68 Action for injunction.
36-33-69 Therapy through electronic means--Requirements.
36-33-70 Fees--Promulgation of rules.
36-33-71 Standards and procedures--Promulgation of rules.
36-33-72 Marriage and family therapist--Continuation of licenses.
CHAPTER 36-34
ADDICTION AND PREVENTION PROFESSIONALS
36-34-1 Definitions.
36-34-2 Board of Addiction and Prevention Professionals--Membership.
36-34-3 Appointment of board members--Terms.
36-34-4 Removal of member by Governor--Vacancy.
36-34-5 Meetings of board--Election of officers.
36-34-6 Minutes of board meetings.
36-34-7 Quorum--Majority vote.
36-34-8 Board within Department of Social Services--Functions--Report.
36-34-9 Acceptance, deposit, and use of funds--Continuous appropriation.
36-34-10 Compensation of board members.
36-34-11 Immunity of board and agents from personal liability.
36-34-12 Duties of board.
36-34-13 Promulgation of rules--Fees--Maximums.
36-34-13.1 Certification and licensure requirements.
36-34-13.2 Disclosure of information--Felony or certain crimes--Conviction or plea--Grant of license notwithstanding.
36-34-13.3 Renewal of certificate or license.
36-34-13.4 Display of certificate or license.
36-34-13.5 Certification in another state.
36-34-13.6 Physical or mental examination--Hearing--Application denial.
36-34-13.7 Inactive certificate or license--Reactivation--Expiration--Retired status.
36-34-13.8 Expired license--Reactivation by board.
36-34-13.9 Counseling by electronic means--Compliance.
36-34-14 36-34-14, 36-34-15. Repealed by SL 2013, ch 183, §§ 12, 13.
36-34-16 Enforcement--Injunction--Hearing.
36-34-17 Employment of attorney.
36-34-18 Complaints--Investigation--Disciplinary proceedings--Evidence not subject to discovery or disclosure--Testimony.
36-34-19 Repealed.
36-34-20 Repealed.
36-34-21 Grounds for disciplinary sanctions--Hearing--Notice.
36-34-22 Physical or mental examination--Summary revocation procedures on failure to comply.
36-34-23 Sanctions--Withdrawal of probation--Certification or licensure during appeal.
36-34-24 Summary suspension--Hearing--Appeal.
36-34-25 Reinstatement or new recognition, certification, or license--Costs of suspension or revocation.
36-34-26 Allegations--Burden of proof.
36-34-27 Application of chapter to ongoing recognition, certification, or licensure.
CHAPTER 36-35
MASSAGE THERAPISTS
36-35-1 Definitions.
36-35-2 Appointment of board members--Terms--Vacancy.
36-35-3 Resignation of board members--Effective date.
36-35-4 Selection of officers.
36-35-5 Meetings of board.
36-35-6 Quorum--Majority vote.
36-35-6.1 Powers of board.
36-35-7 Compensation of board members.
36-35-8 Display of license--Proof of licensure.
36-35-9 Use of fees.
36-35-10 Practice of massage without license or employment of unlicensed person as misdemeanor.
36-35-11 36-35-11. Repealed by SL 2013, ch 184, § 4.
36-35-12 Application for license--Qualifications--Appeal of denial.
36-35-12.1 Temporary permit.
36-35-12.2 36-35-12.2. Repealed by SL 2016, ch 197, § 8.
36-35-12.3 Expiration of license.
36-35-13 Unprofessional conduct.
36-35-14 36-35-14. Repealed by SL 2016, ch 197, § 11.
36-35-15 Applicants licensed in other states.
36-35-16 Renewal of license.
36-35-17 Application and license fees.
36-35-18 Duplicate license.
36-35-18.1 Inactive status.
36-35-19 Continuing education requirements.
36-35-20 Investigation of complaints--Inspections.
36-35-21 Professional liability insurance coverage.
36-35-22 Grounds for cancellation, suspension, or revocation of license--Hearing--Appeal.
36-35-23 Reapplication for cancelled, suspended, or revoked license.
36-35-24 Promulgation of rules.
36-35-25 Application of chapter.
CHAPTER 36-36
GENETIC COUNSELORS
36-36-1 Definitions.
36-36-2 Genetic counseling defined.
36-36-3 Practice of genetic counseling defined.
36-36-4 Unlicensed practice of genetic counseling or use of title prohibited--Violation as misdemeanor.
36-36-5 Application for license--Fee--Qualifications.
36-36-6 Grounds for refusal of license.
36-36-7 Documented referral required--Supervision of patient--Reports--Genetic testing.
36-36-8 Seminars.
36-36-9 Temporary license--Fee--Examination--Expiration.
36-36-10 Supervision of temporary licensee.
36-36-11 Renewal of license--Application--Fee--Continuing education.
36-36-12 Promulgation of rules.
36-36-13 Cancellation, revocation, suspension, or limitation of license for incompetence, unprofessional conduct, or statutory violation.
36-36-14 Reinstatement and renewal of license.
36-36-15 Genetic counselor advisory council--Appointment--Terms--Duties--Board communication.
CHAPTER 36-37
SPEECH-LANGUAGE PATHOLOGISTS
36-37-1 Definitions.
36-37-2 Practice of speech-language pathology defined.
36-37-3 License to practice speech-language pathology required--Violation as misdemeanor.
36-37-4 Persons holding speech-language pathologist certificate from Department of Education before July 1, 2012.
36-37-5 Activities not restricted by chapter.
36-37-6 Nonmedical endoscopy.
36-37-7 Telehealth authorized.
36-37-8 Board of Examiners for Speech-Language Pathology.
36-37-9 Terms of board members--Vacancy--Removal.
36-37-10 Meetings of board.
36-37-11 Compensation of members.
36-37-12 Powers and duties of board.
36-37-13 Moneys collected and payments by board.
36-37-14 Speech-language pathologist--Requirements for licensure.
36-37-15 Speech language pathologists--Requirements for licensure--Form--Promulgation of rules.
36-37-16 Waiver of certain requirements for foreign applicants meeting examination requirements.
36-37-17 Speech language pathologist--Provisional licenses--Promulgation of rules.
36-37-18 Speech-language pathology assistants--Requirements for licensure.
36-37-18.1 Speech-language pathology assistants--Requirements for licensure--Out-of-state license--Association certificate.
36-37-19 Paraprofessionals holding speech-language pathologist certificate from Department of Education as of July 1, 2012.
36-37-20 Supervision of speech-language pathology assistant.
36-37-21 Disciplinary actions.
36-37-22 Reinstatement of suspended or revoked license.
36-37-23 Actions constituting misconduct.
36-37-24 Disciplinary hearing--Procedure--Appeal.
36-37-25 Injunction for violation.
36-37-26 Change of name, employment, or place of business--Information furnished to board.
CHAPTER 36-38
BEHAVIOR ANALYSTS
36-38-1 Definitions.
36-38-2 Conduct included within practice of applied behavior analysis.
36-38-3 Conduct not included within practice of applied behavior analysis.
36-38-4 Applied behavior analyst advisory committee--Appointment--Terms--Duties.
36-38-5 Persons to whom chapter does not apply.
36-38-6 License required to practice as behavior analyst.
36-38-7 Qualifications for licensure.
36-38-8 Application fee.
36-38-9 Application for license.
36-38-10 Fee for initial licensure.
36-38-11 Code of ethics.
36-38-12 Grounds for denial, revocation, suspension, or cancellation of license.
36-38-13 Commencement of proceedings for cancellation or revocation of license.
36-38-14 Hearing on cancellation or revocation of license--Decision.
36-38-15 Administrative procedure for cancellation or revocation of license.
36-38-16 Appeal.
36-38-17 Reinstatement of license.
36-38-18 Record of licensees.
36-38-19 Practice without license--Misdemeanor.
36-38-20 Duties of board.
36-38-21 Repealed.
36-38-22 Injunction--Election of injunction or criminal action.
36-38-23 Money credited to board of social work examiners fund.
36-38-24 Confidentiality of consultation with behavior analyst.
36-38-25 Criminal background checks of assistant behavior analysts and paraprofessionals.
36-38-26 Certain assistant behavior analysts and paraprofessionals ineligible.
36-38-27 Promulgation of rules.
