South Dakota Administrative Code

Rule 20:64:02:02 Application for licensure by reciprocity. 20:64:02:02. Application for licensure by reciprocity. An applicant for licensure by reciprocity as provided in SDCL 36-31-8 must file an application with the board on forms provided by the board. The applicant must submi…

Rule 20:64:02:03 Limited permit. 20:64:02:03. Limited permit. An applicant for a limited permit to practice occupational therapy must file an application with the board on forms provided by the board and must submit written evidence that the applicant has completed the education …

Rule 20:64:02:04 Renewal of license. 20:64:02:04. Renewal of license. A notice for renewal of license shall be sent by the board to the last known address of each current licensee prior to the date of expiration of the license as provided by SDCL 36-31-11. Failure to receive the …

Rule 20:64:02:05 Fees. 20:64:02:05. Fees. The following fees for licensure as an occupational therapist shall be charged: (1) An applicant applying for the initial license shall pay a fee of $50; (2) An applicant applying for annual renewal of a license shall pay a fee of $50; (3…

Rule 20:64:03:01 Direct supervision of occupational therapy aide. 20:64:03:01. Direct supervision of occupational therapy aide. An occupational therapy aide may only perform selected routine tasks which are neither evaluative, assessive, nor recommendative and for which the aide …

Rule 20:64:03:02 Supervision of occupational therapy assistant. 20:64:03:02. Supervision of occupational therapy assistant. An occupational therapy assistant with less than one year of experience in the assistant's present area of practice must receive a minimum of 10 hours of su…

Rule 20:64:03:03 Consultation. 20:64:03:03. Consultation. Consultation, as used in SDCL 36-31-1(4), means periodic, on-site meetings to review cases and to provide recommendations or resource information, or both, regarding delivery of occupational therapy services to patients or…

Rule 20:64:04:01 Continuing competency requirements. 20:64:04:01. Continuing competency requirements. To qualify for renewal of a license upon its expiration as prescribed in SDCL 36-31-11, an applicant for renewal must complete 12 continuing competency points in a one-year perio…

Rule 20:64:04:02 Activities for continuing competency requirements. 20:64:04:02. Activities for continuing competency requirements. The following activities qualify for credit toward completion of continuing competency points: (1) Attendance at workshops, seminars, conferences, o…

Rule 20:64:04:03 Reporting continuing education. 20:64:04:03. Reporting continuing education. To demonstrate compliance with the continuing education requirements, each occupational therapist and occupational therapy assistant shall sign a statement to confirm completion of the r…

Rule 20:64:04:04 Waiver of continuing competency requirements. 20:64:04:04. Waiver of continuing competency requirements. The board may excuse an applicant from the annual continuing competency requirements if the applicant submits an affidavit to the board that the applicant was…

Rule 20:64:05:01 Ethics. 20:64:05:01. Ethics. A licensee under SDCL chapter 36-31 shall comply with the following code of ethics: Principle 1. Occupational therapy personnel shall demonstrate a concern for the well-being and safety of the recipients of their services. Principal 2…

Rule 20:64:05:02 Violations. 20:64:05:02. Violations. A violation of any of the ethical standards and conduct is considered unprofessional conduct as defined by SDCL 36-31-14. Source: 41 SDR 180, effective May 21, 2015. General Authority: SDCL 36-31-13. Law Implemented: SDCL 36-3…

Rule 20:64:05:03 Ethical considerations. 20:64:05:03. Ethical considerations. The board may utilize the American Occupational Therapy Association Occupational Therapy Code of Ethics and Standards, 2010 edition as guidance in determining whether a licensee has violated professiona…

20:66:01:01. Fee amounts. The fees associated with physical therapist and physical therapist assistant licensing are: (1) Application for an initial license, one hundred twenty dollars; and (2) Biennial renewal of a license, one hundred twenty dollars. Source: 15 SDR 40, effectiv…

Rule 20:66:01:02 Repealed. 20:66:01:02. Reciprocity fee. Repealed. Source: 15 SDR 40, effective September 13, 1988; repealed, 34 SDR 93, effective October 17, 2007.

Rule 20:66:01:03 Repealed. 20:66:01:03. Annual license renewal fee. Repealed. Source: 15 SDR 40, effective September 13, 1988; repealed, 34 SDR 93, effective October 17, 2007.

Rule 20:66:01:04 Repealed. 20:66:01:04. Physical therapy assistant fee. Repealed. Source: 15 SDR 40, effective September 13, 1988; repealed, 34 SDR 93, effective October 17, 2007.

20:66:02:01. Code of ethics -- Physical therapists. A physical therapist licensed in accordance with SDCL chapter 36-10 shall comply with the ethical standards in the American Physical Therapy Association, Code of Ethics for the Physical Therapist, 2020. Source: 41 SDR 180, effec…

20:66:02:01.01. Code of ethics -- Physical therapist assistants. A physical therapist assistant licensed in accordance with SDCL chapter 36-10 shall comply with the ethical standards in the American Physical Therapy Association, Standards of Ethical Conduct for the Physical Thera…

20:66:02:02. Violation of ethical code of conduct. The State Board of Physical Therapy may take disciplinary action if an ethical violation constitutes unprofessional conduct under SDCL 36-10-39 or 36-10-40. Source: 41 SDR 180, effective May 21, 2015; 50 SDR 66, effective Decembe…

20:66:02:03. Ethical considerations. Repealed. Source: 41 SDR 180, effective May 21, 2015; 50 SDR 66, effective December 3, 2023.

20:66:03:01. Continuing education hours. To renew a license, a physical therapist and physical therapist assistant shall complete thirty continuing education hours during the two-year license period. Source: 44 SDR 168, effective May 7, 2018; 50 SDR 66, effective December 3, 2023…

20:66:03:02. Activities for continuing education requirements. To meet the continuing education hours required in § 20:66:03:01, an activity must: (1) Directly relate to the practice of physical therapy; (2) Be planned, organized, and designed to maintain, improve, or expand a ph…

20:66:03:03. Reporting continuing education. Each physical therapist and physical therapist assistant must sign a statement to confirm completion of the continuing education hours required in § 20:66:03:01 on the license renewal application, and must present proof of completion i…

20:66:03:04. Waiver of continuing education requirements. The State Board of Physical Therapy may grant a full or partial waiver of the continuing education requirements in this chapter if the physical therapist or physical therapist assistant submits an affidavit to the board st…

20:66:04:01. Definitions. Words defined in SDCL chapter 36-10 have the same meaning when used in this chapter. Source: 45 SDR 9, effective August 1, 2018; 50 SDR 66, effective December 3, 2023. General Authority: SDCL 36-10-52. Law Implemented: SDCL 36-10-18, 36-10-52.

20:66:04:02. Dry needling course of study. The State Board of Physical Therapy may approve a course of study in dry needling that meets the following criteria: (1) The course of study covers: (a) Surface anatomy as it relates to underlying tissues, organs, and other structures, i…

20:66:04:03. Proof of course completion. Prior to performing dry needling, a physical therapist must, on a form approved by the State Board of Physical Therapy, provide proof of successful completion of a board-approved course of study in dry needling. Source: 45 SDR 9, effective…

20:66:04:04. Dry needling delegation. A physical therapist may not delegate dry needling to a physical therapist assistant. Source: 45 SDR 9, effective August 1, 2018; 50 SDR 66, effective December 3, 2023. General Authority: SDCL 36-10-36, 36-10-52. Law Implemented: SDCL 36-10-5…

20:67:01:01. Definitions. Words defined in SDCL 36-11A have the same meaning when used in this article. In addition, terms used in this article mean: (1) "Applicant," a wholesale or other drug distributor, as provided in SDCL 36-11A-1.1, represented by a person, including a propr…

20:67:02:01. Application and fee. A wholesale or other distributor must apply each year to the board, electronically or on a form supplied by the board, for a license to engage in the distribution of prescription drugs. Each application must be accompanied by a license fee of fiv…

Rule 20:67:02:02 Required application information. 20:67:02:02. Required application information. Applicants must complete the following information as part of the application form: (1) The name, full business address, and telephone number of the applicant; (2) All trade or busin…

Rule 20:67:02:03 Licensure required for each location. 20:67:02:03. Licensure required for each location. Separate licensure is required where separate operations are conducted at more than one location within this state by a single wholesale distributor. Out-of-state wholesale o…

Rule 20:67:02:04 Supplemental application information. 20:67:02:04. Supplemental application information. In order to more fully consider qualifications of an applicant, the board may request supplemental information on records that are not a part of the application form. Source:…

Rule 20:67:02:05 Controlled substance registration required. 20:67:02:05. Controlled substance registration required. Wholesale or other drug distributors that deal in controlled substances shall register with the South Dakota department of health and with the DEA and shall compl…

20:67:02:06. Personnel requirements. As a condition for receiving and retaining a license, wholesale or other drug distributors shall employ sufficient numbers of personnel with education, training, and experience, or any combination thereof, so that all assigned functions are pe…

Rule 20:67:02:07 Denial of licensure when not in public interest. 20:67:02:07. Denial of licensure when not in public interest. The board may deny a license to an applicant if it determines that the granting of such a license would not be in the public interest based on health, s…

Rule 20:67:02:08 Information on changes to be reported. 20:67:02:08. Information on changes to be reported. Changes in any information required in this chapter shall be submitted to the secretary of the board within 60 days with the exception of routine changes in the names and t…

Rule 20:67:02:09 Temporary license valid for 90 days -- No refund. 20:67:02:09. Temporary license valid for 90 days -- No refund. Upon the request of the applicant and receipt of a completed application and the license fee as provided in § 20:67:02:01, the secretary of the board …

20:67:02:10. Out-of-state wholesale or other drug distributor application -- Other state license required. Any out-of-state wholesale or other drug distributor must meet the application and fee requirements of this chapter and must also submit a copy of their wholesale or other d…

Rule 20:67:02:11 Reciprocal cooperation extended. 20:67:02:11. Reciprocal cooperation extended. The board shall cooperate with other states that license and regulate wholesale or other drug or pharmacy distributors to verify information contained on license applications and for t…

Rule 20:67:02:12 Exemption allowed. 20:67:02:12. Exemption allowed. An exemption to licensure is allowed when an out-of-state wholesale or other drug distributor supplies a drug to another drug distributor licensed in this state in an emergency. The amount of the distribution all…

Rule 20:67:03:01 Facilities. 20:67:03:01. Facilities. All facilities at which prescription drugs are stored, warehoused, handled, held, offered, marketed, or displayed shall meet the following conditions: (1) Be of suitable size and construction to facilitate cleaning, maintenanc…

Rule 20:67:03:02 Storage conditions. 20:67:03:02. Storage conditions. All prescription drugs shall be stored as required by the labeling of the drugs. If no storage requirements are established for a prescription drug, the drug may be held at controlled room temperature to help e…

Rule 20:67:03:03 Examination upon receipt required. 20:67:03:03. Examination upon receipt required. Upon receipt, each outside shipping container shall be visually examined for identity and to prevent the acceptance of contaminated prescription drugs or prescription drugs that ar…

Rule 20:67:03:04 Outgoing shipments to be inspected. 20:67:03:04. Outgoing shipments to be inspected. Each outgoing shipment shall be carefully inspected for identity of the prescription drug products and to ensure that there is no delivery of prescription drugs that have been da…

Rule 20:67:03:05 Quarantine required. 20:67:03:05. Quarantine required. Prescription drugs that are outdated, damaged, deteriorated, recalled, misbranded, or adulterated shall be quarantined and physically separated from other prescription drugs until they are destroyed or return…

Rule 20:67:03:06 Opened containers to be identified. 20:67:03:06. Opened containers to be identified. Any prescription drugs whose immediate or sealed outer or sealed secondary containers have been opened or used shall be identified as such and shall be quarantined and physically…

Rule 20:67:03:07 Standards for returned drugs to be met. 20:67:03:07. Standards for returned drugs to be met. If the conditions under which a prescription drug has been returned cast doubt on the drug's safety, identity, strength, quality, or purity, the drug shall be destroyed o…