CHAPTER 20:42:01

 

DEFINITIONS

 

 

Section

20:42:01:01        Definitions.

20:42:01:02        Repealed.

 

 

          20:42:01:01.  Definitions. Terms defined in SDCL 36-15-1 have the same meaning when used in this article. In addition, as used in this article:

 

          (1)  "Body wraps," means body treatments utilizing products or equipment to enhance and maintain the texture, contour, and integrity, and that promote the beauty of, the skin and body;

 

          (2)  "Chemical exfoliation," means a resurfacing procedure performed with a chemical solution or product for the purpose of removing superficial layers of the epidermis to a point no deeper than the stratum corneum;

 

          (3)  "Clean," "cleaned," or "cleaning," the rendering free of dust and foreign material by first removing the foreign material and then, as appropriate, washing with hot water and soap;

 

          (4)  "Dermaplane," means the use of a scalpel or sharp, bladed instrument to remove the upper layers of the stratum corneum;

 

          (5)  "Direct supervision," means the physical presence in the salon or school where services requiring licensure are being performed by a licensee or student, and includes on-site communication, direction, and observation on a consistent basis;

 

          (6)  "Disinfect," "disinfected," or "disinfecting," a chemical process using designated disinfectants, that destroys organisms (bacteria, virus, fungus) specified on the manufacturers label when performed in accordance with label instructions. Disinfection is exclusive to non-porous surfaces (glass, metal or plastic) and to be effective, items/surface must be cleaned prior to disinfection and contact time (as listed on label) must be strictly adhered to;

 

          (7)  "Disinfectant," an Environmental Protection Agency (EPA) registered, hospital grade chemical agent of adequate strength that destroys most bactericidal, fungicidal, and virucidal activity when mixed and used in accordance with manufacturer's label;

 

          (8)  "Epidermis," the outermost layer of skin;

 

          (9)  "Eyelash extension application," means applying individual artificial eyelashes with adhesive to the upper or lower eyelids;

 

          (10)  "Infection control," means the processes and protocols that are designed to reduce the risk of spreading pathogens in an environment, and include consideration of all possible modes of transmission within a specified environment, such as cleaning, disinfecting, sterilizing, improving air quality, laundering, and hand washing;

 

          (11)  "Manipulating," means applying a light pressure by the hands for cosmetic purposes only and not for the treatment of disease or physical or mental ailments;

 

          (12)  "Massaging," means applying massage movements by the hands or a machine for cosmetic purposes rather than for therapeutic purposes;

 

          (13)  "Microdermabrasion," means a gentle, progressive, superficial, mechanical exfoliation of the uppermost layers of the stratum corneum using a closed-loop vacuum system;

 

          (14)  "Multi-use item," means an implement or tool that can be cleaned, disinfected, and reused;

 

          (15)  "Non-invasive," means confined to the nonliving cells of the epidermis, specifically the stratum corneum layer;

 

          (16)  "Pedicure," means the cutting, trimming, polishing, coloring, tinting, cleaning, or otherwise beautifying a person's toenails, applying artificial toenails, exfoliating dead skin through non-invasive means, and massaging and cleaning a person's legs and feet;

 

          (17)  "Pedicure foot-spa station," means any basin using circulating or still water;

 

          (18)  "Single-use item," means an implement or tool that cannot be cleaned and properly disinfected and must be thrown away afer one use; and

 

          (19)  "Work station," means a work area that includes all necessary equipment for a licensee to perform services on a client.

 

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 10, effective August 12, 1979; readopted, 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 3, 2017; 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13.

          Law Implemented: SDCL 36-15-1.

 

          20:42:02:04.  Vice president's duties. In the absence or disability of the president, the vice president shall perform the duties of the president.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(16).

          Law Implemented: SDCL 36-15-5, 36-15-11.

 

          20:42:02:05.  Secretary-treasurer duties. The secretary-treasurer shall:

 

          (1)  Keep the minutes of the commission meetings;

 

          (2)  See that all notices are given as required by law;

 

          (3)  Be custodian of the commission records and of the seal of the commission and see that the seal is affixed to all documents authorized to be executed under the seal of the commission;

 

          (4)  Keep a register of the name and address of each licensee which shall be furnished to the secretary-treasurer by each licensee;

 

          (5)  Have general charge of the books of the commission;

 

          (6)  Be responsible for all funds and securities of the commission; receive and give receipts for moneys payable to the commission from any source, and deposit all moneys in the name of the commission with the state treasurer; and

 

          (7)  In general, perform all duties incident to the office of the secretary-treasurer, all duties incident to the Office of Treasurer, and any other duties assigned by the president or by the commission.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(16).

          Law Implemented: SDCL 36-15-5, 36-15-11.

 

          Cross-Reference: Public funds maintained in state treasury -- Local bank accounts as official accounts -- Signatories -- Statements required of agencies holding state funds in local bank, SDCL 4-4-3.

 

          20:42:02:06.  Secretary-treasurer -- Treasurer's duties. Repealed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 176, effective July 1, 2003; repealed, 39 SDR 129, effective January 28, 2013.

 

          20:42:02:13.  Conduct of meetings. Repealed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 176, effective July 1, 2003; repealed, 39 SDR 129, effective January 28, 2013.

 

          20:42:02:16.  Records of the commission open to public. The commission, by majority vote, may classify as confidential materials derogatory to a person, which shall be made available to the person to whom it relates. Otherwise, the records of the commission are subject to SDCL chapter 1-27.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(16).

          Law Implemented: SDCL 1-26-2, 36-15-11.

 

          Cross-Reference: Public records open to inspection and copying, SDCL 1-27-1.

 

CHAPTER 20:42:03

 

LICENSURE AND LICENSURE RENEWAL

 

 

Section

20:42:03:01               Application required.

20:42:03:02               Repealed.

20:42:03:03               Fees.

20:42:03:04               Requirements for individual licensure applicants.

20:42:03:05               Repealed.

20:42:03:06               License specific requirements for individual licensure applicants.

20:42:03:06.01          Applicant for licensure by reciprocity allowed credit for work experience.

20:42:03:06.02          Transferred.

20:42:03:06.03          Foreign-educated applicants for licensure.

20:42:03:07               Salon or booth license.

20:42:03:07.01          Repealed.

20:42:03:08               Limited cosmetology salon or booth license.

20:42:03:09               School or branch school license.

20:42:03:10               Repealed.

20:42:03:11               Repealed.

20:42:03:12               Renewal requirements and renewal dates of licenses.

20:42:03:13               Requirements for renewal of a lapsed license--overrun period.

20:42:03:14               Waiver of exam for reciprocity applicants.

 

 

          20:42:03:01.  Application required. For all licenses and permits required under SDCL chapter 36-15, an application must be made on the appropriate form, be complete, legible and accompanied by the appropriate application fee. By submitting an application, an applicant certifies, under penalty of perjury, that the information submitted by the applicant is true and correct. An applicant may be required to clarify, expand, or provide additional information as needed to fully evaluate the application. All applications shall be sent to the office of the commission.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 18, effective August 15, 1999; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(1)(16).

          Law Implemented: SDCL 36-15-13(1).

 

          20:42:03:02.  Filing of applications for licensure. Repealed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 39 SDR 129, effective January 28, 2013.

 

          20:42:03:03. Fees. The fees for licenses, permits, and license renewals are as follows:

 

          (1)  Examination fee which includes the initial license, $100;

          (2)  Examination retake fee, one test, $60; two tests, $70; three tests, $80;

          (3)  Cosmetologist, nail technician, or esthetician license renewal fee, $25;

          (4)  Temporary cosmetologist, nail technician, or esthetician license fee, $6;

          (5)  Instructor initial license fee and renewal fee, $35;

          (6)  Reciprocity, initial license, and waiver of examination fee, $100;

          (7)  For certification of a license issued pursuant to SDCL chapter 36-15 for a South Dakota licensee to obtain licensure in another state, or furnishing of other papers to another state or school, $20;

          (8)  Apprentice license fee, $25;

          (9)  Apprentice salon initial license and renewal fee, $250;

          (10)  School initial license fee and renewal fee, $300;

          (11)  Student license fee, $6;

          (12)  Salon or booth initial permit license fee, $60;

          (13)  Salon or booth license renewal fee, $40;

          (14)  Reinspection fee for failed salon, $50 for each reinspection;

          (15)  License duplicate or replacement fee, $5; and

          (16)  Lapsed license penalty, $20 for each year lapsed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 18 SDR 79, effective November 7, 1991; 23 SDR 25, effective August 26, 1996; 24 SDR 2, effective July 23, 1997; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013; 45 SDR 83, effective December 11, 2018 (effective January 1, 2020); 47 SDR 8, effective August 3, 2020.

          General Authority: SDCL 36-15-13(12), 36-15-20, 36-15-20.1.

          Law Implemented: SDCL 36-15-20, 36-15-20.1.

 

          20:42:03:04.  Requirements for individual licensure applicants. All applicants for initial individual licensure shall submit the following in English:

 

          (1)  A certified copy of the person's birth certificate, United States certificate of naturalization, current United States Permanent Resident Card, current United States passport, or a current driver license issued by a state or provincial government of the United States or Canada;

          (2)  A personal photograph of the applicant taken within the preceding year;

          (3)  Proof in writing, on forms furnished by the commission, that the person possesses the necessary qualifications for the license sought; and

          (4)  For an applicant who received an education in cosmetology, esthetics, or nail technology in another state, proof of the education by a transcript from the school attended or a certification of the education from the state's cosmetology licensing agency. The transcript or certification must be transmitted directly to the commission by the school or the state's cosmetology licensing agency. The executive director may reject an application that does not contain proof of education recognized by another state's cosmetology licensing agency.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 18, effective August 15, 1999; 29 SDR 176, effective July 1, 2003; 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 3, 2017; 46 SDR 46, effective October 3, 2019; 47 SDR 8, effective August 3, 2020.

          General Authority: SDCL 36-15-13(1).

          Law Implemented: SDCL 36-15-15.

 

          20:42:03:06.  License specific requirements for individual licensure applicants. An applicant for any of the following specific individual licenses shall submit the following additional information on forms provided by the commission:

 

          (1)  Student license: a certificate of admission by the owner or school administrator of a licensed South Dakota school;

 

          (2)  Cosmetologist or nail technician license: information relating to school and education and the number of education hours or equivalent credit hours received;

 

          (3)  Esthetician license: information relating to school and education and that the applicant has completed a minimum of six hundred hours of education or equivalent credit hours in an approved and licensed cosmetology or esthetics school;

 

          (4)  Temporary license: information required for a cosmetologist, esthetician, or nail technician license, a certificate of graduation from a licensed school, and the location where the applicant intends to practice under a temporary license;

 

          (5)  Temporary permit for reciprocity: the salon name and address where the applicant intends to practice under the temporary permit;

 

          (6)  Apprentice license: in addition to the requirements in SDCL 36-15-42, a signed, certified letter from the salon owner stating the name and address of the salon where the apprentice education will be provided and the name and license of the instructor; and

 

          (7)  Instructor license: must meet the requirements of SDCL 36-15-25 and § 20:42:08:03.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 25, effective August 26, 1996; 24 SDR 2, effective July 23, 1997; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 32 SDR 32, effective August 29, 2005; 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013; 45 SDR 31, effective September 10, 2018.

          General Authority: SDCL 36-15-2.3, 36-15-13(1), 36-15-26.2.

          Law Implemented: SDCL 36-15-2.3, 36-15-17, 36-15-17.1, 36-15-19.2, 36-15-22, 36-15-25, 36-15-33, 36-15-42, 36-15-50, 36-15-50.1.

 

          20:42:03:06.01.  Applicant for licensure by reciprocity allowed credit for work experience. An applicant for licensure by reciprocity may be allowed credit for work experience as follows:

 

          (1)  Cosmetologist license: a maximum of 750 hours of the school education hours required in § 20:42:06:09 may be earned through work experience. Two hours of work experience equals one hour of school education. If the applicant obtained the work experience more than five years before the date of the application, the applicant must take a commission-approved safety and infection control procedures course in order to receive credit for the work experience;

 

          (2)  Nail technician license: a maximum of 200 hours of the school education hours required in § 20:42:06:09.01 may be earned through work experience. Two hours of work experience equals one hour of school education. If the applicant obtained the work experience more than five years before the date of the application, the applicant must take a commission-approved safety and infection control procedures course in order to receive credit for the work experience; and

 

          (3)  Esthetician license: a maximum of 300 hours of the school education hours required in § 20:42:06:09.02 may be earned through work experience. Two hours of work experience equals one hour of school education. If the applicant obtained the work experience more than five years before the date of the application, the applicant must take a commission-approved safety and infection control procedures course in order to receive credit for the work experience.

 

          Source: 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 24 SDR 2, effective July 23, 1997; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013; 47 SDR 8, effective August 3, 2020.

          General Authority: SDCL 36-15-13(14).

          Law Implemented: SDCL 36-15-19.2.

 

          20:42:03:06.02.  Transferred to § 20:42:03:13.

 

          20:42:03:06.03.  Foreign-educated applicants for licensure. In addition to the requirements of SDCL 36-15-15 and 36-15-19.2, an applicant from a foreign country shall have successfully completed 225 cosmetology education hours, 90 esthetics education hours, or 60 nail technician education hours, as applicable, at a school approved by the commission. The education shall include federal safety requirements (OSHA and FDA) for cosmetology, South Dakota cosmetology safety and infection control procedures, and United States cosmetic products.

 

          Source: 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013; 47 SDR 8, effective August 3, 2020.

          General Authority: SDCL 36-15-13(1).

          Law Implemented: SDCL 36-15-19.2.

 

          20:42:03:07.  Salon or booth license. Any application for a salon or booth license shall state that the salon or booth complies with all rules of the commission relating to salons or booths. The premises or location must have a salon license before any booth license is issued to that premises or location. The salon or booth license is not transferable.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(1).

          Law Implemented: SDCL 36-15-51.

 

          20:42:03:08.  Limited cosmetology salon or booth license. In addition to the requirements of SDCL 36-15-51, any application for a limited salon or booth license shall state the following:

 

          (1)  A list of the facilities and equipment it will have; and

          (2)  That the salon or booth complies with all rules of the commission relating to salons or booths.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(1).

          Law Implemented: SDCL 36-15-51.

 

          20:42:03:12.  Renewal requirements and renewal dates of licenses. A license renewal application, along with the appropriate renewal fee, shall be submitted to the commission or postmarked by the annual license renewal date for all licenses and permits issued pursuant to SDCL chapter 36-15.

 

          The annual license renewal dates are as follows:

 

          (1)  Cosmetologist, nail technician, esthetician, and instructor: application for renewals shall be submitted on or before the licensee's birth date as shown as the expiration date on the face of the current license; and

 

          (2)  All salons and booths: application for renewals shall be submitted on or before the anniversary date of the initial license as shown as the expiration date on the face of the current license.

 

          A name change request must be accompanied by a legal document showing the previous name and the new legal name.

 

          If a licensee has met the requirements of this section, the licensee may continue to practice pending issuance of the renewed license. Any license that is not renewed pursuant to the requirements of this section shall lapse.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 176, effective July 1, 2003; 31 SDR 62, adopted October 15, 2004, effective January 1, 2006; 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 3, 2017; 45 SDR 31, effective September 10, 2018.

          General Authority: SDCL 36-15-2.4, 36-15-13(1).

          Law Implemented: SDCL 36-15-2.4, 36-15-13(1).

 

          20:42:03:13.  Requirements for renewal of a lapsed license--overrun period. An individual who wishes to renew a lapsed license shall meet the requirements of § 20:42:03:12 and pay the license renewal fee and lapsed license penalty fee required in § 20:42:03:03 for each lapsed year. In addition, an individual whose license has lapsed for more than five continuous years shall complete one of the following:

 

          (1)  Pass the current licensing examinations; or

          (2)  Attend at least a two-hour review course on South Dakota cosmetology laws, rules, and safety procedures. The review course must be pre-approved by the commission. After completing the course, the applicant must pass an examination given by the commission on safety and infection control procedures.

 

          Any licensee continuing to perform or offering to perform services, licensed under SDCL chapter 36-15, sixty days or more after license expiration shall be subject to disciplinary proceedings.

 

          Source: 26 SDR 18, effective August 15, 1999; 29 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 33 SDR 226, effective July 1, 2007; transferred from § 20:42:03:06.02, 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 3, 2017.

          General Authority: SDCL 36-15-13(7), 36-15-20.1.

          Law Implemented: SDCL 36-15-11(4), 36-15-20.1.

 

          20:42:03:14.  Waiver of exam for reciprocity applicants. The examination requirement under SDCL 36-15-19.1, 36-15-19.3, or 36-15-19.5 is waived for an applicant who has successfully passed a state-administered or authorized theory examination in another state.

 

          Source: 46 SDR 46, effective October 3, 2019; 47 SDR 8, effective August 3, 2020.

          General Authority: SDCL 36-15-13(1)(2), 36-15-19.2.

          Law Implemented: SDCL 36-15-19.2.

 

          20:42:04:01.  Salon and booth requirements. Any salon or booth licensed under the provisions of SDCL chapter 36-15 must meet the following minimum requirements:

 

          (1)  Provide a safe and clean place for any of the practices of cosmetology and equip it to provide service in a manner that will protect the health and safety of both employees and clients;

 

          (2)  Each item of equipment used on a client must be clean and disinfected at the time of use. After an item is soiled or used, it must be kept in a separate, closed, labeled container to prevent its reuse until cleaned and disinfected. Compliance with this subdivision requires compliance with all provisions in this chapter;

 

          (3)  Space:

 

               (a)  Salon license space: 120 square feet of working space for the first licensee and an additional 60 square feet of working space for each additional individual licensee; and

               (b)  Limited salon license space: 120 square feet. Common reception areas and common restrooms are permitted;

 

          (4)  Plumbing: shampoo bowls or sinks shall be connected to a central sewer system and a faucet or outlet for hot and cold running water shall be connected to the bowl or sink;

 

          (5)  Restroom:

 

               (a)  A restroom shall be within the structure of the building and be available for employee and customer use;

               (b)  The restroom shall contain a toilet and lavatory connected to a central sewer system, liquid soap, and disposable towels or air hand dryer; and

               (c)  The restroom shall be kept clean and in safe condition; and

 

          (6)  Ventilation:

 

               (a)  For all salons and booths: provide the free flow of air in a room in proportion to the size of the room and the capacity of room;

 

               (b)  For salons and booths where nail technology services are offered: a mechanical exhaust system to keep the area free from dangerous vapors.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; 26 SDR 18, effective August 15, 1999; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(4)(5).

          Law Implemented: SDCL 36-15-13(4)(5).

 

          20:42:04:01.01.  Salon in licensed nursing facility or assisted living center. A nursing facility or assisted living center licensed by the South Dakota Department of Health does not need a salon license under the following conditions:

 

          (1)  A staff member or volunteer of the facility washes, sets, or trims the hair of any resident; or

          (2)  A cosmetologist provides cosmetology services only to residents of the facility.

 

          Source: 29 SDR 176, effective July 1, 2003; 45 SDR 31, effective September 10, 2018.

          General Authority: SDCL 36-15-13(4).

          Law Implemented: SDCL 36-15-54.

 

          20:42:04:01.02.  Salon responsible for licensees in salon. A salon must ensure that any individual providing licensed services in the salon has the required booth or individual license, or both.

 

          Source: 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(4)(6).

          Law Implemented: SDCL 36-15-2, 36-15-2.2, 36-15-17.2, 36-15-51, 36-15-56(7).

 

          20:42:04:02.  Salon in private residence. A salon may be established in a private residence, if the following conditions are met:

 

          (1)  The salon is not to be used for any residential purposes;

 

          (2)  The salon is completely separated from the residential area with a permanent, solid partition, from floor to ceiling, between the salon and the residential area. Any door in this partition shall be kept closed at all times;

 

          (3)  Any cosmetology service offered by the salon is only available within the salon;

 

          (4)  The salon has a completely separate egress to the outside of the premises; and

 

          (5)  A clean toilet facility is available for clients to use in the structure. The facility shall have a liquid soap dispenser and disposable towels or air hand dryer.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 25, effective August 26, 1996; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(5).

          Law Implemented: SDCL 36-15-13(5).

 

          20:42:04:02.01.  Sharing premises with barbers. An individual licensee may work on the same premises as a barber so long as the separate, applicable salon license is posted during working hours.

 

          Source: 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(4).

          Law Implemented: SDCL 36-15-13(4).

 

          20:42:04:03.  Minimum requirements for premises and facilities. Repealed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 25, effective August 26, 1996; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003; repealed, 39 SDR 129, effective January 28, 2013.

 

          20:42:04:04.  Salon and booth equipment requirements. Each salon or booth must have the following equipment available at all times:

 

          (1)  A first aid kit readily accessible to all persons working in the salon. The kit must contain small adhesive bandages, disposable latex or hypo-allergenic gloves, gauze, and antiseptic;

 

          (2)  A 5-pound ABC fire extinguisher or its equivalent for each 1,500 square feet of space occupied by the salon. Extinguishers must be located in a readily accessible location and must always be in a condition for use;

 

          (3)  A sufficient number of electric outlets so that no cord or other electrical connection constitutes an obstacle or fire hazard to the clients or to persons working in the salon or booth;

 

          (4)  Clean, disinfected combs and brushes available for use on each client;

 

          (5)  A clean towel or linen available to be used on each client;

 

          (6)  Separate closed containers labeled for clean or soiled towels or linens;

 

          (7)  Separate closed containers labeled for used or contaminated implements;

 

          (8)  A station for each working licensee with its own clean, closed, and labeled container for storage of all clean and disinfected implements used in direct contact with clients;

 

          (9)  For each licensee practicing nail technology on a client:

 

               (a)  One nail table with a lamp;

               (b)  One manicure chair;

               (c)  One pedicure station with chairs for the client and licensee;

               (d)  One covered waste container that is emptied at least daily;

               (e)  A nail applicator brush; and

               (f)  Clean and disinfected buffers and files must be used on each client; and

 

          (10)  For each licensee practicing esthetics on a client:

 

               (a)  One facial chair;

               (b)  One additional chair; and

               (c)  Clean and disinfected esthetics tools and implements must be used on each client.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 23 SDR 25, effective August 26, 1996; 24 SDR 2, effective July 23, 1997; 26 SDR 18, effective August 15, 1999; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 3, 2017; 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(4)(5).

          Law Implemented: SDCL 36-15-13(4)(5).

 

          20:42:04:04.01.  Electric file or drill requirements. The requirements for an electric file or drill and the attachments utilized in any nail procedure are as follows:

 

          (1)  The instrument shall be specifically designed for use on the human nail;

          (2)  The individual utilizing the instrument and the attachments shall provide documentary proof of compliance with subsection (1) of this section upon demand; and

          (3)  Instrument attachments shall be used according to the manufacturer's recommendations.

 

          Source: 26 SDR 18, effective August 15, 1999; 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(4)(5).

          Law Implemented: SDCL 36-15-13(4)(5).

 

          20:42:04:04.02.  Microdermabrasion machine requirements. A microdermabrasion machine:

 

          (1) Must be specifically manufactured and labeled for use in esthetic services;

          (2)  May not be modified;

          (3)  That uses a crystal or corundum product shall include a closed-loop vacuum system that uses a tissue retention device or a built in cannister with filter;

          (4)  Must be kept in a clean, disinfected, and safe manner; and

          (5)  May only be used in accordance with specific manufacturer directions that do not result in the removal of the epidermis beyond the stratum corneum.

 

          Source: 29 SDR 176, effective July 1, 2003; 32 SDR 32, effective August 29, 2005; 39 SDR 129, effective January 28, 2013; 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(4)(5).

          Law Implemented: SDCL 36-15-13(4)(5).

 

          20:42:04:05.  Required equipment -- Sanitation. Repealed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 23 SDR 25, effective August 26, 1996; 24 SDR 2, effective July 23, 1997; 26 SDR 18, effective August 15, 1999; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; repealed, 39 SDR 129, effective January 28, 2013.

 

          20:42:04:05.01.  Infection control and safety procedures. Transferred to Chapter 20:42:05.

 

          20:42:04:08.01.  Prohibited products. A salon or booth may not use the following products:

 

          (1)  Liquid monomer nail products containing methyl methacrylate monomers (MMA);

          (2)  Chemicals containing bichloroacetic acid (BCA) or any acid in any concentration level that requires a prescription or acts on living tissue;

          (3)  Fumigants, formalin tablets, or formalin liquids; and

          (4)  Roll on wax.

 

          Source: 26 SDR 18, effective August 15, 1999; 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 43 SDR 176, effective July 3, 2017.

          General Authority: SDCL 36-15-13(5).

          Law Implemented: SDCL 36-15-13(5).

 

          20:42:04:09.01.  Display of educational certification. Each licensee practicing eyelash extension services or services that use microdermabrasion machines or electric files shall display the certification of approved education provided by the commission in public view of the salon or booth.

 

          Source: 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 3, 2017.

          General Authority: SDCL 36-15-13(4).

          Law Implemented: SDCL 36-15-13(4).

 

          20:42:04:10.  Display of health, safety, and infection control rules. Every salon must display in a prominent place a copy of the most current applicable health, safety, and infection control rules of the commission.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(4)(5).

          Law Implemented: SDCL 36-15-13(4).

 

          20:42:04:10.01.  Display of blood exposure rules. The blood exposure rules as outlined in § 20:42:05:06 shall be posted in or near the first aid kit in the salon.

 

          Source: 29 SDR 176, effective July 1, 2003; 43 SDR 176, effective July 3, 2017; 47 SDR 8, effective August 3, 2020.

          General Authority: SDCL 36-15-13(4)(5).

          Law Implemented: SDCL 36-15-13(4).

 

          20:42:05:01.  General infection control requirements for licensees. In addition to all other rules in this article and in SDCL chapter 36-15, individual licensees must comply with the following:

 

          (1)  Deposit all used towels, robes, or linens in a covered container;

          (2)  Use clean linens on each client;

          (3)  Use disinfected equipment, implements, or instruments on each client;

          (4)  Use the disinfectant as required in all salons, booths, and schools;

          (5)  Use clean, closed containers for storage of all clean linens and clean and disinfected implements used in direct contact with clients;

          (6) Before providing any services on a client, wash the licensee's hands with soap and water or any equally effective cleansing solution;

          (7)  All fluids, semifluids, creams, and powders:

               (a)  Must be kept in clean, closed, and properly labeled containers; and

               (b)  Must be dispensed with a disinfected spatula, shaker, pump, spray dispenser, or single-use item;

          (8)  Electrical equipment must be cleaned and disinfected after each service;

          (9)  Clean and disinfected electrical equipment must be stored in a separate, clean place such as a hook or stand. When a bucket is used, the bucket must be disinfected daily;

          (10)  When a basin or caddy is used to store electrical equipment, it must be disinfected daily;

          (11)  Clean and disinfected nonelectrical implements must be stored in a separate, clean, closed, and labeled container;

          (12)  Disinfectants must be available in the working area for immediate use at all times;

          (13)  Single-use items, such as emery boards, cosmetic sponges, and orangewood sticks, must be disposed of immediately after use in a closed waste container;

          (14)  Multi-use items must be thoroughly washed in soap and hot water, rinsed with clean warm water, and disinfected according to disinfectant manufacturer instructions. Contact points of all non-immersable equipment and metal implements must be disinfected by wiping or spraying with a commission-approved disinfectant. After being disinfected multi-use items must be stored in clean, closed, and labeled containers between use. The use of any multi-use article, tool, or product which cannot be cleaned and disinfected is prohibited;

          (15)  All waste containers must be closed and labeled and must be emptied as needed during business hours and emptied at the time of closing;

          (16)  The floors in a work station and surrounding area must be made free of hair and other debris after the completion of each service;

          (17)  For esthetics, the headrest of chairs and treatment tables must be covered with a clean sheet of examination paper or clean linen for each client;

          (18)  Only commercially-available products for the exfoliation of skin for the purpose of beautification may be used. Mixing or combining skin removal products is prohibited except as required by the manufacturer;

          (19)  Sanding bands used on electric file mandrels are for single-use purposes and must be discarded immediately after each service. Metal bits for electric files shall be properly disinfected after each service and stored in a clean, closed, and labeled container until use; and

          (20)  All nail files are single-use items unless made of metal, glass, or crystal. Ceramic nail files are single-use items unless completely sealed by a glaze.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 25, effective August 26, 1996; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013; 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(4)(5)(6).

          Law Implemented: SDCL 36-15-13(4)(5)(6).

 

          20:42:05:04.  Clothing requirements. Repealed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 29 SDR 176, effective July 1, 2003; 46 SDR 46, effective October 3, 2019.

 

          20:42:05:06.  Blood exposure. For blood exposure involving a client or licensee, the following steps must be followed:

 

          (l)  If the client is bleeding: Stop service; put gloves on; if appropriate, assist client to sink and rinse the injured area under running water; pat dry with a new, clean, disposable towel; offer or apply antiseptic and an adhesive bandage; place all single-use items in a bag and place in a trash receptacle; remove all implements from station and properly clean and disinfect the implements; clean and disinfect work area; remove and dispose of gloves; wash hands; return to service;

 

          (2)  If the licensee is bleeding: Stop service; explain the situation and excuse yourself the service; if appropriate, rinse injured area under running water; pat dry with a new, clean, disposable towel; apply antiseptic and an adhesive bandage; put gloves on; place all single-use items in a bag and place in a trash receptacle; remove all implements from the work area and properly clean and disinfect the implements; clean and disinfect work area; remove and dispose of gloves; wash hands; if necessary, cover injured area with a protective finger cot or new glove; return to service.

 

          Source: 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(5).

          Law Implemented: SDCL 36-15-13(5).

 

          20:42:05:07.  Microdermabrasion machines. For any microdermabrasion machine:

 

          (1)  Any crystals used in a microdermabrasion machine may not be recycled or reused. Crystals or approved corundum are for single-use purposes only;

          (2)  Tips must be cleaned and disinfected after each client and disposed of if any wear is shown; and

          (3)  The exterior must be kept clean of crystal dust, and the filters changed as necessary.

 

          Source: 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(5)(13).

          Law Implemented: SDCL 36-15-13(5).

 

          20:42:05:08.  Pedicure foot-spa stations. Pedicure foot-spa stations must be cleaned and disinfected after each client, including the outside surfaces of the pedicure foot-spa. The following procedures must be observed:

 

          (1)  At the end of each client service:

               (a)  Drain all water and remove all debris from the spa basin;

               (b)  Clean the spa basin with soap or detergent and water;

               (c)  Disinfect the spa basin with a disinfectant; and

               (d)  Wipe the spa basin with a clean towel until dry;

 

          (2)  At the end of each day, clean and disinfect each whirlpool foot spa basin in the following manner:

               (a)  Remove the screen, and clean all debris trapped behind the screen;

               (b)  Wash the screen with soap or detergent and water;

               (c)  Immerse the screen completely in disinfectant;

               (d)  Flush the spa system with low sudsing soap and warm water for at least 10 minutes; and

               (e)  Rinse and drain the spa;

 

          (3)  At least once each week, each whirlpool foot spa must be cleaned and disinfected in the following manner:

               (a)  Fill the spa basin completely with water and add one teaspoon of 5.25 percent bleach or recommended whirlpool disinfectant for each gallon of water. Use according to the manufacturer's instructions;

               (b)  Flush the spa or bath system with bleach or recommended whirlpool disinfectant and water solution for 10 minutes;

               (c)  Soak for at least 6 hours; and

               (d)  Drain and flush the spa with water before use for a client.

 

          Source: 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(5).

          Law Implemented: SDCL 36-15-13(5).

 

          20:42:05:09.  Waxing services. Equipment used for waxing hair removal services must be kept clean and disinfected at all times, and:

 

          (1)  A clean spatula must be used each time any wax is distributed to the client;

          (2)  Wax pots must be kept covered and the exterior must be cleaned daily;

          (3)  If debris is found in the wax pot, or if the wax has been contaminated by contact with skin, unclean applicators, or double-dipping, the wax pot must be emptied, the wax discarded, and the pot must be disinfected;

          (4)  Each end of a disposable spatula or wooden stick may be dipped in the wax only once and discarded;

          (5)  Applicators may be dipped only once into the wax unless the wax is a single-service item and unused wax is discarded after each service; and

          (6)  Any surface touched by a used wax stick must be disinfected immediately after service.

 

          Source: 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(5).

          Law Implemented: SDCL 36-15-13(5).

 

          20:42:05:10.  Paraffin wax. Equipment used for paraffin hydrating services must be kept clean and disinfected at all times:

 

          (1)  Paraffin warmers must be kept covered, the exterior cleaned daily, and the wax must be free of debris;

          (2)  A clean scoop or ladle must be used any time paraffin wax is distributed to the client;

          (3)  Paraffin wax removed from a client's skin may not be reused and must be discarded immediately; and

          (4)  Human tissue may not be dipped directly into the paraffin wax warmer at any time.

 

          Source: 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(5).

          Law Implemented: SDCL 36-15-13(5).

 

          20:42:05:11.  Chemical exfoliation. Chemical exfoliation in salons or booths must comply with the following practices:

 

          (1)  Salons or booths, within the scope of their practice, may use chemicals or products, natural or synthetic, which act on or affect the epidermis layer of the skin;

          (2)  All exfoliant products or formulations shall be of professional grade and used in accordance with the manufacturer's recommendations; and

          (3)  Any exfoliation preparation used must not remove tissue below the stratum corneum of the epidermis.

 

          Source: 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(5).

          Law Implemented: SDCL 36-15-13(5).

 

CHAPTER 20:42:06

 

SCHOOL REQUIREMENTS

 

 

Section

20:42:06:01               Required basic equipment and educational supplies for all schools.

20:42:06:01.01          Required minimum equipment and educational supplies for a cosmetology course.

20:42:06:01.02          Required minimum equipment and educational supplies for an esthetics course.

20:42:06:01.03          Required minimum equipment and educational supplies for a nail technology course.

20:42:06:01.04          Branch school exception.

20:42:06:02               Classrooms.

20:42:06:03               Repealed.

20:42:06:04               Repealed.

20:42:06:05               Approved textbooks for basic course of study.

20:42:06:06               Requirements for classroom education.

20:42:06:07               Student services to be checked.

20:42:06:08               Identification of instructors.

20:42:06:08.01          Demonstrators in a classroom.

20:42:06:09               Required minimum curriculum for cosmetology course.

20:42:06:09.01          Required minimum curriculum for nail course.

20:42:06:09.02          Required minimum curriculum for esthetics course.

20:42:06:09.03          Branch school curriculum requirement for a partial program.

20:42:06:10               Minimum number of instructors.

20:42:06:11               Restrictions on instructor's services.

20:42:06:12               Required records and reports.

20:42:06:13               Repealed.

20:42:06:14               School records.

20:42:06:15               Repealed.

20:42:06:16               Transfer of student from out-of-state.

20:42:06:17               Field trips.

20:42:06:18               Repealed.

20:42:06:19               School minimum requirements for premises and facilities.

20:42:06:20               School equipment requirements.

20:42:06:21               Electric nail file or drill requirements.

20:42:06:21.01          Microdermabrasion machine requirements.

20:42:06:22               Prohibited equipment and procedures.

20:42:06:23               Repealed.

20:42:06:24               Required school infection control and safety procedures.

20:42:06:25               Care of capes and towels in schools.

20:42:06:26               Procedure for handling wigs and hairpieces in cosmetology schools.

20:42:06:27               Storage for harmful supplies.

20:42:06:28               Prohibited products.

20:42:06:29               Display of licenses.

20:42:06:30               Display of student prices.

20:42:06:31               Display of health, safety, and infection control rules.

20:42:06:32               Display of blood exposure rules.

20:42:06:33               Display of unregulated services sign in school clinics.

20:42:06:34               School responsible for students.

20:42:06:35               Terminated students who restart education.

20:42:06:36               Credit for hours from other institutions.

 

 

          20:42:06:01.  Required basic equipment and educational supplies for all schools. Each school must have the following minimum equipment and educational supplies on hand and in good working condition at all times:

 

          (1)  One current South Dakota Cosmetology Commission law and rule book for each enrolled student;

          (2)  One textbook, as applicable, for each enrolled student;

          (3)  One closed storage area for required equipment for each enrolled student;

          (4)  One time clock or time-keeping software for student hours;

          (5)  One or more covered labeled containers for all clean and disinfected tools and implements;

          (6)  One or more covered labeled containers for all soiled tools and implements;

          (7)  One large wet disinfectant container for use by all students or separate wet disinfectant containers for each student to disinfect implements;

          (8)  A covered labeled container for soiled towels and linens; and

          (9)  A covered labeled waste receptacle for every five students.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 23 SDR 25, effective August 26, 1996; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013; 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(4)(10).

          Law Implemented: SDCL 36-15-13(4)(10), 36-15-46.

 

          20:42:06:01.01.  Required minimum equipment and educational supplies for a cosmetology course. In addition to the equipment required in § 20:42:06:01, each school that offers a cosmetology course must have the following:

 

          (1)  A work station for each student working on clients that includes:

 

               (a)  A mirror;

               (b)  A table top or counter;

               (c)  A client chair;

               (d)  A clean, covered, and labeled container to store clean tools and implements; and

               (e)  A clean, covered, and labeled container to store used or soiled tools and implements;

 

          (2)  A cosmetology student kit that includes:

 

               (a)  A simulated human head with real or synthetic hair;

               (b)  One marcel iron; and

               (c)  One hand-held hair dryer;

 

          (3)  General equipment that includes:

 

               (a)  Chemical wave rods;

               (b)  One properly functioning shampoo bowl per five working students;

               (c)  One hooded hair dryer per fifteen working students;

               (d)  Required equipment in § 20:42:06:01.02 for esthetics instruction;

               (e)  Required equipment in § 20:42:06:01.03 for nail technology instruction; and

               (f)  Combs and brushes so that clean, disinfected combs and brushes are used on each client.

 

          Source: 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013; 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(4)(10).

          Law Implemented: SDCL 36-15-13(4)(10), 36-15-46.

 

          20:42:06:01.02.  Required minimum equipment and educational supplies for an esthetics course. In addition to the basic school equipment required in § 20:42:06:01, each school that offers an esthetics course must have the following:

 

          (1)  Each work station where esthetics services are performed must include:

 

               (a)  A client chair or massage table;

               (b)  A table top or counter; and

               (c)  A mirror;

               (d)  A clean, covered, and labeled container to store soiled or used tools and implements; and

               (e)  A clean, covered, labeled container to store clean tools and implements;

 

          (2)  At least one steamer;

          (3)  At least one magnifying lamp or dermascope;

          (4)  Simulated human head forms;

          (5)  For hair removal instruction: a wax pot and supplies for waxing and chemical and physical depilatories; and

          (6)  At least one working microdermabrasion machine that meets the requirements of § 20:42:04:04.02 for each school offering microdermabrasion instruction.

 

          Source: 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013; 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(4)(10).

          Law Implemented: SDCL 36-15-13(4)(10), 36-15-46.

 

          20:42:06:01.03.  Required minimum equipment and educational supplies for a nail technology course. In addition to the equipment required in § 20:42:06:01, each school that offers a nail technology course must have the following minimum equipment:

 

          (1)  A work station for each student working on clients that includes:

 

               (a)  A nail technology table;

               (b)  A client chair;

               (c)  A chair for the student;

               (d)  An adjustable light for the table; and

               (e)  A clean, covered, and labeled container to store disinfected tools and implements; and

               (f)  A clean, covered, and labeled container to store used or soiled tools and implements;

 

          (2)  Simulated human hands;

          (3)  Pedicure foot-spas that includes a foot bath large enough to completely immerse both feet of the client; and

          (4)  At least one electric file or drill with appropriate attachments. The file or drill must meet the requirements of § 20:42:04:04.01.

 

          Source: 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 32 SDR 32, effective August 29, 2005; 39 SDR 129, effective January 28, 2013; 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(4)(10).

          Law Implemented: SDCL 36-15-13(4)(10), 36-15-46.

 

          20:42:06:01.04.  Branch school exception. If a school is teaching theory classes only, the branch school is exempt from the requirements of §§ 20:42:06:01.01 to 20:42:06:01.03, inclusive.

 

          Source: 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(4)(10).

          Law Implemented: SDCL 36-15-13(4)(10), 36-15-46.

 

          20:42:06:02.  Classrooms. In each school, classrooms for the teaching of theory and for classroom demonstrations must be separate from areas used by the general public. Each classroom must contain:

 

          (1)  An instruction board or chalkboard;

          (2)  Tables or desks and chairs to meet the instructional needs of scheduled students; and

          (3)  Lesson plans relating to the subjects taught.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 29 SDR 176, effective July 1,  2003; 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(4)(10)

          Law Implemented: SDCL 36-15-46.

 

          20:42:06:05.  Approved textbooks for basic course of study. Textbooks to be used to teach students must be listed in the school application and renewal application each year for approval by the commission.

 

          Other materials and books may be used to supplement the textbooks.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 24 SDR 2, effective July 23, 1997; 26 SDR 18, effective August 15, 1999; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 3, 2017; 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(10).

          Law Implemented: SDCL 36-15-46.

 

          20:42:06:06. Requirements for classroom education. School classroom education requirements are as follows:

 

          (1)  A school may not require a student to work, be instructed, or earn credit for more than eight hours in a day at the school. However, a school may offer students the option to earn credit for more than eight hours in a day;

 

          (2)  Cosmetology students must spend 225 hours in classrooms, demonstrations, and practice before performing service on any client of the school;

 

          (3)  Esthetic students must spend 110 hours in classrooms, demonstrations, and practice before performing service on any client of the school;

 

          (4)  Nail technology students must spend 60 hours in classrooms, demonstrations, and practice before performing service on any client of the school;

 

          (5)  A school may not deduct earned clock hours; and

 

          (6)  A student may not be required to do, or allowed to earn credit for, cleaning unrelated to normal salon duties or maintenance such as washing walls, washing windows, or shoveling snow.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003; 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013; 45 SDR 31, effective September 10, 2018.

          General Authority: SDCL 36-15-13(10).

          Law Implemented: SDCL 36-15-46.

 

          20:42:06:08.  Identification of instructors. All instructors providing instruction of students in a school must be readily identifiable at all times while instructing.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(4)(10).

          Law Implemented: SDCL 36-15-46.

 

          20:42:06:09.  Required minimum curriculum for cosmetology course. Each licensed cosmetology school offering a complete cosmetology program, totaling a minimum of 1500 hours, shall meet the following minimum curriculum requirements:

 

          (1)  General infection control and professional standards, including infection control in a licensed facility; infection control standards and guidelines; infection control for implements and equipment; first aid; blood exposure standards; professional development; effective communication; human relations; business management/ownership; and state law: 150 hours;

 

          (2)  The science of cosmetology, hair, skin and nails, including health safety and infection control; general anatomy and physiology; skin diseases, disorders and structure; properties of the hair and scalp; nail structure, growth, diseases and disorders; basics of chemistry; product chemistry; understanding the basics of electricity; and basic nutrition: 200 hours;

 

          (3)  General cosmetology, including principles of hair design, scalp care, shampooing and conditioning; haircutting; hairstyling; braiding and extensions; and wigs and hair additions: 300 hours;

 

          (4)  Chemical hair services, including chemical texture services; and hair coloring: 280 hours

 

          (5)  Esthetics and skin sciences, including physiology and histology of the skin; skin analysis; skin care products: chemistry, ingredients and selection; the treatment room; basic facial; facial massage, hair removal; advance topics and treatments; and makeup: 200 hours;

 

          (6)  Nail technology, including pre and post service procedures; performing basic manicures and pedicures; hand, lower arm, foot and lower leg massage; wraps, tips and paraffin wax treatments; polishing, light-cured gel polish and design; electric nail filing (8 hours); monomer liquid and polymer powder nail enhancement; light-cured gel enhancements; and creative design: 120 hours.

 

          A minimum of 250 hours of the curriculum set forth in this section shall be in theory classes. In addition to the hours set forth in this section, each student must receive an additional 250 hours of education. The additional hours may be in areas that the school feels are necessary to supplement the basic course requirements for an individual student.

 

          Any school curriculum in excess of 1500 hours shall satisfy the hours set forth in this section prior to providing education in other areas.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 23 SDR 25, effective August 26, 1996; 24 SDR 2, effective July 23, 1997; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 32 SDR 32, effective August 29, 2005; 39 SDR 129, effective January 28, 2013; 45 SDR 31, effective September 10, 2018.

          General Authority: SDCL 36-15-13(10).

          Law Implemented: SDCL 36-15-46.

 

          20:42:06:09.01.  Required minimum curriculum for nail course. Each licensed cosmetology or nail technology school offering a complete nail technology program, totaling a minimum of 400 hours, shall meet the following minimum curriculum requirements:

 

          (1)  Infection control and safety procedures regarding cleaning, disinfection, hygiene, infections, hazards, disorders, and diseases, including cosmetology laws and rules: 60 hours;

          (2)  Scientific concepts to include chemistry, bacteriology, anatomy, and physiology: 60 hours;

          (3)  Manicure, pedicure, and hand, lower arm, feet, and lower leg massage manipulations: 90 hours;

          (4)  Artificial nails to include electric files and attachments, sculptured nails, nail tips, nail wraps, and gel nails: 130 hours, eight of which must be education in electric files and attachments; and

          (5)  Business practices regarding salon management, booth management, communications, salesmanship, and ethics, including cosmetology laws and rules: 60 hours.

 

          A minimum of 50 hours of the curriculum set forth in this section shall be in theory classes.

 

          Source: 24 SDR 2, effective July 23, 1997; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 32 SDR 32, effective August 29, 2005; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(10).

          Law Implemented: SDCL 36-15-46.

 

          20:42:06:09.03.  Branch school curriculum requirement for a partial program. Each licensed branch school offering a partial cosmetology, nail technology, or esthetician program shall meet the following minimum curriculum requirements:

 

          (1)  At least one hour of theory curriculum for every seven hours of clinical curriculum at the branch school site; and

 

          (2)  For each program: at least 25 percent of the required hours in each curriculum area under §§ 20:42:06:09 to 20:42:06:09.02, inclusive, as applicable.

 

          A branch school may be approved to teach theory courses only.

 

          Source: 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(10.

          Law Implemented: SDCL 36-15-46.

 

          20:42:06:10.  Minimum number of instructors. All students must be under direct supervision of an instructor while earning clock hours. Each instructor may supervise a maximum of 15 students at any one time, except an instructor may teach any number of students in the theory classroom.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013; 45 SDR 31, effective September 10, 2018; 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(4).

          Law Implemented: SDCL 36-15-13(4).

 

          20:42:06:12.  Required records and reports. Schools shall submit the following records and reports to the commission office:

 

          (1)  The total clock or credit hours of education for each student. The clock hour report must be submitted no later than the 10th day of each month following the education and the credit hour report must be submitted no later than ten days after the end of the quarter or semester; and

 

          (2)  Notification of any student who leaves school before completing the education, submitted not later than 30 days from the date of termination.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 176, effective July 1, 2003; 32 SDR 32, effective August 29, 2005; 33 SDR 226, effective July 1, 2007; 45 SDR 31, effective September 10, 2018.

          General Authority: SDCL 36-15-13(3).

          Law Implemented: SDCL 36-15-13(3).

 

          20:42:06:13.  Student's workbooks. Repealed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003; repealed, 39 SDR 129, effective January 28, 2013.

 

          20:42:06:16.  Transfer of student from out-of-state. A student transferring to a school in this state from a school outside this state may transfer credits or hours earned in the foreign state to any school in this state. The transferred hours shall be credited toward the 1,500 hours for cosmetology, 600 hours for esthetics, or 400 hours for nail technology, as applicable, required to be completed in this state if the course of study in the foreign school is substantially equivalent to the course of study in this state. The school shall evaluate and determine the subjects, hours, and practice services of the transfer student's prior course of education which conforms to the curriculum requirements in chapter 20:42:06 and shall give the students credit for those subjects, hours, and practice services.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003; 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013; 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(9), 36-15-34.

          Law Implemented: SDCL 36-15-34.

 

          20:42:06:17.  Field trips. A student may receive a maximum of 32 hours credit for cosmetology educational field trips, 16 hours credit for esthetic educational field trips, or 4 hours credit for nail technology educational field trips if the trip has been approved by the commission. For approval the school must complete a field trip form and attach a lesson plan. The students shall be accompanied by an instructor. One licensed instructor shall accompany no more than 15 students.

 

          Source: 29 SDR 176, effective July 1, 2003; 32 SDR 32, effective August 29, 2005; 33 SDR 226, effective July 1, 2007; 40 SDR 39, effective September 9, 2013; 45 SDR 31, effective September 10, 2018.

          General Authority: SDCL 36-15-13(10).

          Law Implemented: SDCL 36-15-29.1.

 

          20:42:06:18.  General safety requirements for all schools. Repealed.

 

          Source: 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013; 46 SDR 46, effective October 3, 2019.

 

          20:42:06:19.  School minimum requirements for premises and facilities. All licensed schools must meet the following minimum requirements for premises and facilities:

 

          (1)  Space:

 

               (a)  Cosmetology school floor space equal to 3,000 square feet for the first 25 students and an additional 50 square feet for each additional student, which may include a locker room and office space;

 

               (b)  Cosmetology branch school floor space equal to 1,500 square feet of floor space for up to 15 students and an additional 50 square feet for each additional student;

 

               (c)  Esthetics school or course floor space of at least 900 square feet for the first 10 students and 90 square feet for each additional student, which may include a locker room and office space; and

 

               (d)  Nail school or course floor space of at least 450 square feet for the first 10 students and 45 square feet for each additional student, which may include a locker room and office space;

 

          (2)  Plumbing: shampoo bowls for cosmetology courses and sinks for all courses that are connected to a central sewer system and a faucet or outlet for hot and cold running water connected to each bowl;

 

          (3)  Restrooms: a minimum of two restrooms with a liquid soap dispenser and disposable towels or an air hand dryer. If the school has personnel or students of both sexes, the school must provide separate restrooms for each sex. The restrooms must be available to the personnel, students, and clients within the structure of the school. Each must contain at least one toilet and one sink with hot and cold running water, connected to a central sewer system;

 

          (4)  Supply dispensary: a complete supply dispensary with a sink located within easy access to the student work area; and

 

          (5)  Provide ventilation: to allow the free flow of air in a room in proportion to the size of the room and the capacity of the room.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; transferred from § 20:42:04:11, 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(4)(5).

          Law Implemented: SDCL 36-15-13(4).

 

          20:42:06:20.  School equipment requirements. All licensed schools must comply with the equipment requirements of § 20:42:04:04.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 24 SDR 2, effective July 23, 1997; 26 SDR 18, effective August 15, 1999; 28 SDR 24, effective August 28, 2001; transferred from § 20:42:04:12, 29 SDR 176, effective July 1, 2003; 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(4)(5).

          Law Implemented: SDCL 36-15-13(4).

 

          20:42:06:21.  Electric nail file or drill requirements. All licensed schools utilizing an electric file or drill and the attachments utilized in any nail procedure must comply with the requirements of § 20:42:04:04.01.

 

          Source: 26 SDR 18, effective August 15, 1999; transferred from § 20:42:04:12.01, 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(4)(5).

          Law Implemented: SDCL 36-15-13(4)(5).

 

          20:42:06:21.01.  Microdermabrasion machine requirements. All licensed schools utilizing a microdermabrasion machine must comply with the requirements of § 20:42:04:04.02.

 

          Source: 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(4)(5).

          Law Implemented: SDCL 36-15-13(4)(5).

 

          20:42:06:22.  Prohibited equipment and procedures. All licensed schools must comply with § 20:42:04:04.03.

 

          Source: 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(4)(5).

          Law Implemented: SDCL 36-15-13(4)(5).

 

          20:42:06:23.  Required school equipment -- Sanitation. Repealed.

 

          Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; transferred from § 20:42:04:13, 29 SDR 176, effective July 1, 2003; repealed, 39 SDR 129, effective January 28, 2013.

 

          20:42:06:24.  Required school infection control and safety procedures. All licensed schools must comply with the infection control and safety procedures of § 20:42:04:05.01.

 

          Source: 24 SDR 2, effective July 23, 1997; transferred from § 20:42:04:13.01, 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(4)(5).

          Law Implemented: SDCL 36-15-13(4).

 

          20:42:06:25.  Care of capes and towels in schools. All licensed schools must comply with the requirements of § 20:42:04:06.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 18, effective August 15, 1999; transferred from § 20:42:04:14, 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(4)(5).

          Law Implemented: SDCL 36-15-13(4)(5).

 

          20:42:06:26.  Procedure for handling wigs and hairpieces in cosmetology schools. All licensed schools must comply with the requirements of § 20:42:04:07.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; transferred from § 20:42:04:15, 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(4)(5).

          Law Implemented: SDCL 36-15-13(4)(5).

 

          20:42:06:27.  Storage for harmful supplies. All licensed schools must comply with the requirements of § 20:42:04:08.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; transferred from § 20:42:04:16, 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(4)(5).

          Law Implemented: SDCL 36-15-13(4)(5).

 

          20:42:06:29.  Display of licenses. The school license shall be prominently displayed in the school during all working hours. The instructor license and the cosmetologist, nail technician, or esthetician license, as applicable, of each person instructing students in the school shall be prominently displayed.

 

          Student licenses must be displayed at the student's primary work station.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:42:04:17, 29 SDR 176, effective July 1, 2003; 33 SDR 266, effective July 1, 2007; 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(4).

          Law Implemented: SDCL 36-15-13(4).

 

          20:42:06:31.  Display of health, safety, and infection control rules. Every school shall display in a prominent place in the reception area a copy of the most current applicable health, safety, and infection control rules of the commission.

 

          Source: 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(4).

          Law Implemented: SDCL 36-15-13(4).

 

          20:42:06:32.  Display of blood exposure rules. The blood exposure rules as outlined in § 20:42:05:06 shall be posted in the dispensary of the school.

 

          Source: 29 SDR 176, effective July 1, 2003; 43 SDR 176, effective July 3, 2017; 47 SDR 8, effective August 3, 2020.

          General Authority: SDCL 36-15-13(4)(5).

          Law Implemented: SDCL 36-15-13(5).

 

          20:42:06:34.  School responsible for students. A school is responsible for the conduct of the school's students.

 

          Source: 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(5).

          Law Implemented: SDCL 36-15-13(5).

 

          20:42:06:35.  Terminated students who restart eduation. A former student who wishes to reapply to complete the student's education, or a former student who completed the student's education but did not obtain a license will receive the following credit from the last date of previous enrollment as follows:

 

          (1)  100 percent credit of hours if less than three years has passed;

          (2)  50 percent credit of hours if more than three but less than seven years has passed;

          (3)  No credit for hours will be allowed if more than seven years has passed.

 

          Source: 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(1)(16).

          Law Implemented: SDCL 36-15-17, 36-15-17.1.

 

          20:42:06:36.  Credit for hours from other institutions. Any individual seeking credit for coursework completed at an institution not teaching the practices of cosmetology, nail technology, or esthetics, shall submit an official transcript from that institution.

 

          For education earned in a credit hour program, each credit hour is equal to 30 clock hours.

 

          Source: 47 SDR 8, effective August 3, 2020.

          General Authority: SDCL 36-15-46.1.

          Law Implemented: SDCL 36-15-46.1.

 

          20:42:07:02.  Facilities and equipment required for salons offering training of cosmetologist or nail technician apprentices. In addition to the equipment required in §§ 20:42:06:01 to 20:42:06:01.03, inclusive, any salon in which apprentice training is to be given must furnish a classroom separate from all rooms used by clients and staff that is equipped with whiteboards, sufficient tables and chairs, reference materials, lesson plans, and audiovisual aids for use in apprentice training.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13(5)(10).

          Law Implemented: SDCL 36-15-46.

 

          20:42:07:09.  Apprentice records and reports available for inspection by the commission. An instructor training an apprentice must have available for inspection by the commission the following records and reports relating to the apprentice:

 

          (1)  A daily record showing hours of attendance and time devoted to each curriculum subject, and the instructor giving the instruction;

          (2)  Worksheets and notebooks of the apprentice; and

          (3)  Upon completion of training, a resume of the weekly reports giving total hours of each curriculum subject, showing the theoretical and practical time.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986l; 23 SDR 25, effective August 26, 1996; 29 SDR 176, effective July 1, 2003; 45 SDR 31, effective September 10, 2018.

          General Authority: SDCL 36-15-13(11).

          Law Implemented: SDCL 36-15-47, 36-15-48.

 

          20:42:07:10.  Apprentice records and reports mailed to the commission. Any instructor training an apprentice shall send to the commission the following records and reports relating to the apprentice:

 

          (1)  Weekly reports listing the total hours of instruction and number of hours devoted to each curriculum item by the apprentice, divided into theoretical and practical hours. The report shall be certified by an instructor who shall attest that the listed hours as shown on the weekly report were in fact completed by the apprentice and that this was done under the constant supervision, control, and direction of a licensed instructor. The report shall name the instructor of the curriculum hours listed. The report shall be mailed to the commission office not later than the fourth day following any calendar week of training;

 

          (2)  If an apprentice discontinues training, it shall be reported by the instructor to the executive director of the commission at the time of discontinuance. The instructor shall submit a record of the training completed by curriculum hours divided into theoretical and practical; and

 

          (3)  The instructor in charge of an apprentice shall provide any other information requested by the commission.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 18, effective August 15, 1999; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 45 SDR 31, effective September 10, 2018.

          General Authority: SDCL 36-15-13(11).

          Law Implemented: SDCL 36-15-47, 36-15-48.

 

          20:42:08:01.  Junior instructor education for initial licensure. Repealed.

 

          Source: 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013; 45 SDR 31, effective September 10, 2018.

 

          20:42:08:01.01.  Junior instructor education program. Repealed.

 

          Source: 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013; 45 SDR 31, effective September 10, 2018.

 

          20:42:08:02.  Junior instructor continuing education for renewal. Repealed.

 

          Source: 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013; 45 SDR 31, effective September 10, 2018.

 

          20:42:08:03.  Instructor education for initial licensure. To receive an instructor license, the applicant shall successfully complete:

 

          (1)  Twelve hours of new instructor training;

          (2)  Successfully pass the South Dakota Instructor Cosmetology Laws and Administrative Rules examination;

          (3)  A written theory examination approved by the commission and administered by the commission or its representatives.

 

          The instructor applicant may be issued a conditional instructor license upon completion of twelve hours of new instructor training and successfully passing the South Dakota Instructor Cosmetology Laws and Administrative Rules examination. The instructor must pass the written theory examination within 90 days of being issued a conditional instructor license or the conditional license becomes invalid. Failure to successfully pass the instructor theory examination immediately invalidates the conditional instructor license and the instructor cannot continue to instruct students until successfully passing the theory examination and being issued an instructor license.

 

          Source: 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 3, 2017; 45 SDR 31, effective September 10, 2018.

          General Authority: SDCL 36-15-25, 36-15-26.2.

          Law Implemented: SDCL 36-15-25, 36-15-26.2.

 

          20:42:08:03.01.  Senior instructor education exception. Repealed.

 

          Source: 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 3, 2017.

 

          20:42:08:03.02.  Substitute instructors. A cosmetology school licensed by the commission may hire a substitute instructor under the following conditions:

 

          (1)  Individual must be a licensed cosmetologist, esthetician or nail technician in the State of South Dakota. A cosmetologist may instruct in all of the education areas; an esthetician may only instruct in the area of esthetics; and a nail technician may only instructor in the area of nail technology;

 

          (2)  A substitute instructor can instruct 80 hours or less during a calendar year;

 

          (3)  The cosmetology school must notify the commission office as soon as the emergency need arises with the name of the substitute instructor and the hours the licensee will be instructing.

 

          A substitute instructor cannot be otherwise employed by the school.

 

          Source: 45 SDR 31, effective September 10, 2018.

          General Authority: SDCL 36-15-25.

          Law Implemented: SDCL 36-15-25.

 

          20:42:08:04.  Instructor continuing education for renewal. A licensee renewing an instructor license shall annually satisfactorily complete at least twelve hours of commission-approved education courses on teaching methods. The twelve hours shall be completed before the license is renewed.

 

          Source: 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 3, 2017; 45 SDR 31, effective September 10, 2018.

          General Authority: SDCL 36-15-25.1, 36-15-26.2.

          Law Implemented: SDCL 36-15-25.1, 36-15-26.2.

 

          20:42:08:04.01.  Instructor education required to teach apprentices. Before an instructor may train an apprentice, the instructor must complete the requirements of § 20:42:08:03, including successfully passing the instructor theory examination.

 

          Source: 31 SDR 62, effective November 4, 2004; 45 SDR 31, effective September 10, 2018.

          General Authority: SDCL 36-15-26.2.

          Law Implemented: SDCL 36-15-47.1.

 

          20:42:08:05.  Verification fee for individual licensee. The individual licensee shall pay the commission a fee of $35 to verify any required educational course not sponsored or pre-verified by the commission.

 

          Source: 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013.

          General Authority: SDCL 36-15-13.2, 36-15-26.2.

          Law Implemented: SDCL 36-15-13.2, 36-15-26.2.

 

          20:42:08:05.01.  Pre-verification fee for course provider. A course provider shall pay the commission a fee of $100 to pre-verify each education course provided by the provider. The fee shall be accompanied by an application form provided by the commission. The pre-verification fee and application are valid for one year after commission approval. A course provider shall immediately notify the commission of any significant course material changes. A course provider shall seek new pre-verification if there is a significant change in the course material.

 

          Source: 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 7, 2017.

          General Authority: SDCL 36-15-13.2, 36-15-26.2.

          Law Implemented: SDCL 36-15-13.2, 36-15-26.2.

 

          20:42:09:01.  Salon or booth inspections. Salon or booths shall be inspected approximately once per calendar year and shall be unannounced. Re-inspections and inspections pursuant to consent agreements do not count towards the annual inspection amount.

 

          Source: 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(15).

          Law Implemented: SDCL 36-15-11(1), 36-15-13(15).

 

          20:42:09:02.  School inspections. A school shall be inspected approximately two times per calendar year and shall be unannounced.

 

          Source: 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(15).

          Law Implemented: SDCL 36-15-11(1), 36-15-13(15).

 

          20:42:09:03.  Student inspections. Student inspections will take place during an inspection of the student's school. If four or more students receive a "no" on the same task line, the school will receive a "no" on its inspection report for that line item.

 

          Source: 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(15).

          Law Implemented: SDCL 36-15-11(1), 36-15-13(15).

 

          20:42:09:04.  Failed inspections. Items bolded on the inspection report are an automatic failure if marked "no". Failing two consecutive inspections is grounds for disciplinary action.

 

          A school receiving four or more "no" marks on the school inspection report fails the inspection. Multiple violations of a law or rule are separate violations.

 

          Any student receiving four or more "no" marks on the student inspection report fails the inspection. Upon a failed inspection by a student, the inspector, a school representative, or both, shall review the inspection report with the student.

 

          A salon or booth receiving four or more "no" marks on the inspection report fails the inspection.

 

          Source: 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(15)

          Law Implemented: SDCL 36-15-11(1), 36-15-13(15).

 

          Cross Reference:  ARSD chapter 20:42:10.

 

          20:42:09:05.  Re-inspections. A school, salon, or booth that receives a failed rating on its inspection shall be re-inspected within three weeks of the failed inspection. A re-inspection does not count as a consecutive inspection under § 20:42:09:04.

 

          Failing a re-inspection is grounds for disciplinary action.

 

          Source: 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(15).

          Law Implemented: SDCL 36-15-13(15).

 

          Cross References: Fees § 20:42:03:03(14), Disciplinary Proceedings chapter 20:42:10.