Repealed by SL 2016, ch 197, § 8.
36-35-13. Unprofessional conduct.
For the purposes of this chapter, any of the following acts constitute unprofessional conduct:
(1) Conviction of or a plea of guilty to any felony, any crime involving or relating to the practice of massage, or any crime involving dishonesty or moral turpitude;
(2) Providing the board false or misleading information on any application for a license or renewal of a license;
(3) Willful misconduct or negligence in the practice of massage;
(4) Exceeding the scope of practice of massage as defined in § 36-35-1;
(5) Engaging in any lewd or immoral conduct;
(6) Making fraudulent charges for services;
(7) Engaging in conduct which endangers the health or welfare of clients or other persons;
(8) Failure to comply with any provision of this chapter; or
(9) Engaging in any act that aids, abets, facilitates, or promotes a violation of this chapter.
Source: SL 2005, ch 206, § 13; SL 2013, ch 184, § 9; SL 2015, ch 201, § 3; SL 2016, ch 197, § 10.
Repealed by SL 2016, ch 197, § 11.
36-35-15. Applicants licensed in other states.
Notwithstanding the provisions of § 36-35-12, the board may issue a license to an applicant licensed to practice massage therapy in another state if the applicant demonstrates the following qualifications:
(1) Eighteen years of age or older;
(2) Absence of unprofessional conduct;
(3) Professional liability insurance pursuant to § 36-35-21;
(4) Verification from the authority that issued the applicant's license indicating the applicant is in good standing and currently licensed to practice; and
(5) Experience and competency in massage indicated by education that substantially complies with subdivision 36-35-12(2) or verification of an active massage therapy practice in the state of licensure in the two years immediately preceding the date of application for licensure.
For the purpose of this section, the term, active massage therapy practice, means the applicant has had at least two hundred hours of patient contact in the preceding two-year period.
Source: SL 2005, ch 206, § 15; SL 2013, ch 184, § 10; SL 2016, ch 197, § 12.
36-35-16. Renewal of license.
Any licensee holding a valid license under this chapter may renew that license by making application for renewal, paying the required renewal fee, and providing proof of compliance with the continuing education requirements set by the board. If the board has not received a license renewal application by the expiration date, the board shall notify the licensee within five days that the renewal application has not been received and that the licensee may not practice until the license is renewed. Any person who submits a license renewal application and provides proof of compliance with the continuing education requirements set by the board within thirty days after the expiration date may be granted a license renewal.
Source: SL 2005, ch 206, § 16; SL 2011, ch 187, § 2; SL 2013, ch 184, § 11; SL 2016, ch 197, § 13.
36-35-17. Application and license fees.
Any applicant for a license under this chapter shall submit a nonrefundable application fee not to exceed one hundred dollars. Any person who has a license issued or renewed by the board shall submit a license fee in an amount not to exceed sixty-five dollars. Fees shall be set by the board by rule promulgated pursuant to chapter 1-26.
Source: SL 2005, ch 206, § 17; SL 2007, ch 223, § 3; SL 2008, ch 191, § 76.
36-35-18. Duplicate license.
The board may issue a duplicate license to a licensee upon request.
Source: SL 2005, ch 206, § 18; SL 2008, ch 191, § 77; SL 2013, ch 184, § 12.
36-35-18.1. Inactive status.
The board may place a massage therapy license on inactive status upon submission of an application and payment of the application fee.
Source: SL 2007, ch 223, § 5; SL 2016, ch 197, § 14.
36-35-19. Continuing education requirements.
Any person licensed under this chapter shall complete eight hours of continuing education relating to competence in the practice of massage on a biennial basis of a type and from a facility or instructor approved by the board. The required continuing education hours may be obtained by electronic means. The board may waive the continuing education requirement upon proof of illness or hardship.
Source: SL 2005, ch 206, § 19; SL 2007, ch 223, § 4; SL 2013, ch 184, § 13.
36-35-20. Investigation of complaints--Inspections.
The board may receive and investigate any complaint filed with the board alleging a violation of this chapter. The board may inspect the place of business of the licensee named in a complaint during normal business hours or upon written notice.
Source: SL 2005, ch 206, § 20; SL 2013, ch 184, § 14; SL 2016, ch 197, § 15.
36-35-21. Professional liability insurance coverage.
Any person holding a valid license under this chapter and engaged in the practice of massage therapy shall carry malpractice or professional liability insurance coverage with a company with a certificate of authority from the South Dakota Division of Insurance with limits of no less than two hundred fifty thousand dollars per occurrence. A licensee shall notify the board of any change of carrier occurring after a license or renewal is granted.
Source: SL 2005, ch 206, § 21; SL 2013, ch 184, § 15.
36-35-22. Grounds for cancellation, suspension, or revocation of license--Hearing--Appeal.
The board may cancel, suspend, or revoke a license following a contested case hearing in compliance with chapter 1-26 upon satisfactory proof of incompetence, unprofessional conduct, or a violation of any provision of this chapter. The board may waive the requirement of prior notice and an informal meeting set forth in § 1-26-29 if the licensee presents an immediate threat to the public or has engaged in willful misconduct. Any licensee may appeal the cancellation, suspension, or revocation of a license in compliance with chapter 1-26.
Source: SL 2005, ch 206, § 22; SL 2016, ch 197, § 16.
36-35-23. Reapplication for cancelled, suspended, or revoked license.
Any person whose license has been cancelled, suspended, or revoked by the board may not reapply for a license until one year after it was cancelled, suspended, or revoked unless a different time has been set by the board.
Source: SL 2005, ch 206, § 23.
36-35-24. Promulgation of rules.
The board may promulgate rules pursuant to chapter 1-26 to establish:
(1) The form and information required for any license application;
(2) A list of recognized facilities or instructors who may provide training or instruction required for licensure or continuing education requirements;
(3) The amount of license fees;
(4) The procedures for placing a license on inactive status and the procedures to regain active licensure; and
(5) Approval of national competency examinations.
Source: SL 2005, ch 206, § 24; SL 2007, ch 223, § 6; SL 2013, ch 184, § 16; SL 2016, ch 197, § 17.
36-35-25. Application of chapter.
The provisions of this chapter do not apply to any person performing massage for compensation if the massage is done under one of the following circumstances:
(1) As part of a licensed practice as a physician, physician assistant, chiropractor, nurse, physical therapist, athletic trainer, or other health care profession licensed or certified under title 36;
(2) As part of a licensed practice pursuant to chapter 36-14 or 36-15, if the licensee is performing within the scope of the licensed practice and the licensee does not hold himself or herself out to be a massage therapist or to be engaged in the practice of massage therapy;
(3) In furtherance of duties as an employee of the United States;
(4) As part of a course of study with a facility or instructor recognized and approved by the board to provide training in massage or the provision of such instruction;
(5) As part of providing a course of instruction or continuing education by a licensed massage therapist from another state or provider preapproved by the board, in the practice of massage therapy on a temporary basis not in excess of ten days per calendar year; or
(6) Manipulation of the soft tissues of the human body is restricted to the hands, feet, or ears and the person does not hold himself or herself out to be a massage therapist or to be engaged in the practice of massage therapy.
Source: SL 2005, ch 206, § 25; SL 2016, ch 197, § 18.