36-15-25. Instructor license to teach--Application--Conditional license--Areas of instruction--Promulgation of rules.

No person may teach in a school or an apprentice salon unless that person is licensed by the commission as an instructor. Any person may qualify and be licensed by the commission as an instructor for cosmetology, nail technology, or esthetics, as applicable, upon application made to the commission. The application must be accompanied by satisfactory evidence that the applicant:

(1)    Possesses the qualifications required by § 36-15-15;

(2)    Currently holds a valid cosmetologist, nail technician, or esthetician license, as applicable;

(3)    Has complied with any instructor education as prescribed by § 36-15-26.2 or has at least one year of teaching experience as a licensed instructor from another state in cosmetology, nail technology, or esthetics, as applicable; and

(4)    Has passed an examination prescribed by the commission.

However, the applicant may receive the license conditionally, dependent on completing instructor education and passing the examination as prescribed by the commission in rules adopted pursuant to chapter 1-26.

An instructor with a cosmetologist license may instruct in any practice of cosmetology. An instructor with a nail technician license may only instruct in the practice of nail technology. An instructor with an esthetician license may only instruct in the practice of esthetics.

The commission may promulgate rules, pursuant to chapter 1-26, to establish education and experience requirements for a person to serve as a substitute instructor.

Source: SDC 1939, § 27.1508 (5) as enacted by SL 1957, ch 118, § 1; SL 1972, ch 206, § 25; SL 2003, ch 202, § 35; SL 2007, ch 217, § 6; SL 2018, ch 232, § 3; SL 2024, ch 157, § 2.

36-15-25.1. Annual expiration and renewal.

Any instructor license issued by the commission pursuant to this chapter expires annually on a date set by the commission in rules promulgated pursuant to chapter 1-26, and is renewable annually. The application shall be accompanied by the fee required in this chapter and proof of completion of any required commission-approved instructor education pursuant to § 36-15-26.2.

Source: SDCL § 36-15-25 as added by SL 1972, ch 206, § 25; SL 2003, ch 202, § 36; SL 2018, ch 232, § 4.