Title 36 — PROFESSIONS AND OCCUPATIONS

The Physical Therapy Licensure Compact is enacted into law and entered into with all other jurisdictions that legally join the compact, which is substantially as follows: PHYSICAL THERAPY LICENSURE COMPACT SECTION 1. PURPOSE The purpose of this Compact is to facilitate interstate…

Terms used in §§ 36-10-18.1 through 36-10-52 mean: (1) "Physical therapist," a person who is licensed or has obtained a compact privilege to practice physical therapy; (2) "Physical therapist assistant," a person who is licensed or has obtained a compact privilege to assist in pr…

The practice of physical therapy is the examination and evaluation of a patient with a mechanical, physiological, or developmental impairment, a functional limitation, a disability, or other similar condition to: (1) Determine a diagnosis, prognosis, and therapeutic intervention;…

Source: SL 1996, ch 231 , § 3; SL 2023, ch 136 , § 35.

The State Board of Physical Therapy is created within the Department of Health. The board shall: (1) Exercise all statutorily prescribed functions and administrative functions; and (2) Provide records, information, and reports to the secretary of the department, at the time and i…

The State Board of Physical Therapy consists of: (1) Four persons who are licensed to practice physical therapy in this state and have practiced physical therapy in this state for a period of five years immediately preceding the appointment; (2) One person who is licensed as a ph…

The term of office for each member of the State Board of Physical Therapy is four years and begins on July first. The Governor shall stagger the initial terms so that no more than two terms expire each year. If a member's office is vacant, the Governor shall appoint a new member …

The Governor may remove a member of the State Board of Physical Therapy for misconduct, incompetence, or neglect of duty. The Governor shall remove a member who ceases to possess the qualifications required by §

Annually, the State Board of Physical Therapy shall elect one member to serve as the chair and one member to serve as the vice-chair. The annual meeting and any other meetings of the board must be at a time and place designated by the chair or by a majority of the members. Source…

Each member of the State Board of Physical Therapy is entitled to receive per diem compensation and reimbursement for expenses, as provided for in § 4-7-10.4 , if the member is performing duties as directed by the board. Source: SL 2023, ch 136 , § 8.

Each member of the State Board of Physical Therapy is immune from personal liability for any act or omission in the discharge of the member's responsibilities. The state shall hold the board, its members, and its agents harmless from all costs, damages, and attorney fees arising …

Source: SL 1955, ch 96 , § 6; SDC Supp 1960, § 27.09A06; SDCL § 36-10-7; SL 1972, ch 205 , § 6; SL 2005, ch 199 , § 25; SL 2017, ch 173 , § 2; SL 2020, ch 167 , § 5; SL 2023, ch 136 , § 36. 36-10-20. Repealed by SL 2005, ch 199 , § 26.

36-10-21 Repealed. 36-10-22

Source: SL 1972, ch 205 , § 8; SL 2023, ch 136 , § 37. 36-10-22. Repealed by SL 2005, ch 199 , § 27. 36-10-23. Omitted.

36-10-23

36-10-24 Unlicensed practice or use of title as misdemeanor. 36-10-25 Other practitioners--Scope of practice. 36-10-26 Prior licensees deemed licensed. 36-10-27 Application for licensure--Fee--Promulgation of rules. 36-10-27.1 Criminal background check. 36-10-28

It is a Class 2 misdemeanor for any person not licensed under this chapter as a physical therapist or as a physical therapist assistant, or whose license has been suspended or revoked, or whose licensure has lapsed, to engage in the practice of physical therapy, unless exempt und…

Persons licensed under this title, while practicing within the limits of their licensure, are not prohibited from doing so by this chapter. Source: SL 1955, ch 96 , § 10; SDC Supp 1960, § 27.9956; SDCL, § 36-10-3; SL 1972, ch 205 , § 25; SL 2023, ch 136 , § 10.

Persons holding licenses to practice physical therapy in South Dakota on July 1, 1972 shall be deemed licensed under this chapter, and entitled to renew the same. Source: SL 1972, ch 205 , § 11.

A person seeking licensure to practice physical therapy in this state shall: (1) File an application with the State Board of Physical Therapy; (2) Submit an application fee in an amount established by the board, in rule pursuant to chapter 1-26 , but not exceeding three hundred d…

In addition to the requirements in §§ 36-10-27 and 36-10-35.1 , an applicant for licensure shall submit to the State Board of Physical Therapy a full set of the applicant’s fingerprints in a form and manner prescribed by the board. The board shall deliver the fingerprints to the …

36-10-29 Issuance of license. 36-10-30 Licensure without examination--Requirements. 36-10-31 Licensure by reciprocity--Authorization. 36-10-32 Licensure by reciprocity--Application--Fee--Promulgation of rules. 36-10-33 Licensure expiration--Renewal--Fee--Promulgation of rules--Fo…

The State Board of Physical Therapy shall issue a license to each applicant who meets the requirements for licensure under this chapter and rules promulgated by the board. Source: SL 1955, ch 96 , § 7; SDC Supp 1960, § 27.09A07; SDCL § 36-10-11; SL 1972, ch 205 , § 4; SL 2017, ch…

The State Board of Physical Therapy may, without examination, issue a license to any applicant who: (1) Is registered by the Federation of State Boards of Physical Therapy; or (2) Has passed a national examination recognized by the board, with a grade acceptable to the board, and…

The State Board of Physical Therapy may, without examination, issue a license to any applicant who holds a license or certificate issued by a board empowered by law to issue a license to practice physical therapy in the District of Columbia or any state or territory in the United…

A person seeking licensure by reciprocity shall: (1) Apply to the State Board of Physical Therapy, using a form provided by the board; (2) Provide the evidence required by this chapter and rules of the board; and (3) Submit an application fee, in an amount established by the boar…

A license issued by the State Board of Physical Therapy, pursuant to this chapter, expires on January first of the second year following its issuance. A license may be renewed upon payment of a fee, in an amount established by the board, in rule pursuant to chapter 1-26 , but not…

36-10-35

36-10-35.1 Physical therapist assistant--Licensure--Fee--Promulgation of rules. 36-10-35.2 Physical therapist assistant--Licensure expiration and renewal. 36-10-35.3

A person seeking licensure as a physical therapist assistant shall: (1) File an application with the State Board of Physical Therapy; (2) Submit an application fee in an amount established by the board, in rule pursuant to chapter 1-26 , but not exceeding three hundred dollars; (…

The State Board of Physical Therapy shall issue a physical therapist assistant license to a person who meets the requirements set forth in §

36-10-35.4 36-10-35.4 to 36-10-35.6. Repealed by SL 1996, ch 231 , §§ 11 to 13. 36-10-35.7 Approved tasks for physical therapist assistant--Exclusions. 36-10-35.8 Physical therapist assistant--Supervision--Limits, delegation. 36-10-35.9 Physical therapist assistant--Supervision--…

A physical therapist assistant may perform, under the direction and supervision of a physical therapist, selected physical therapy procedures and related tasks. The following physical therapy services, however, shall only be performed by a physical therapist: (1) Interpretation o…

A physical therapist may not, at any one time, supervise more than the equivalent of two full-time physical therapist assistants. The supervising physical therapist may delegate responsibility for the supervision of a physical therapist assistant to another physical therapist. So…

When supervising a physical therapist assistant's care of a patient in any setting, the supervising physical therapist shall comply with the following standards of supervision: (1) Before assigning the physical therapist assistant to the patient for physical therapy procedures an…

The State Board of Physical Therapy shall promulgate rules, pursuant to chapter 1-26 , pertaining to licensure, fees, discipline, supervision, and the continuing education of physical therapists and physical therapist assistants. Source: SL 1955, ch 96 , § 13; SDC Supp 1960, § 27…

Source: SL 1972, ch 205 , § 13; revised pursuant to SL 1972, ch 15 , § 4; SL 2020, ch 157 , § 5.

The State Board of Physical Therapy may, in compliance with chapter 1-26 , refuse to grant a license under this chapter for unprofessional, immoral, or dishonorable conduct on the part of the applicant. Source: SL 1955, ch 96 , § 9; SDC Supp 1960, § 27.09A09; SDCL § 36-10-14; SL …

The State Board of Physical Therapy may cancel, revoke, or suspend the license of any physical therapist or physical therapist assistant, issued under this chapter, upon satisfactory evidence of the licensee's incompetence, unprofessional or dishonorable conduct, or violation of …

The term, unprofessional or dishonorable conduct, includes: (1) Employing what is known as cappers or steerers; (2) Willfully betraying a professional confidence; (3) All advertising of physical therapy business, in which untruthful or improbable statements are made, or which are…

The State Board of Physical Therapy may initiate proceedings for the cancellation, revocation, or suspension of a license if the board has information that a person may be guilty of incompetence, or unprofessional or dishonorable conduct as provided in §

36-10-43 Action on license--Quorum requirement. 36-10-44 Procedure on cancellation, revocation or suspension. 36-10-45 Action on license--Vote requirement. 36-10-46 Appeal from decision of board. 36-10-47 Licensure reinstatement. 36-10-48 Injunction--Election of remedy. 36-10-49 …

All proceedings relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license that has been revoked or suspended may be held only when a majority of the State Board of Physical Therapy is present. Source: SL 1972, ch 205 , § 21; SL 2023,…

All proceedings relative to the cancellation, revocation, or suspension of a license shall otherwise conform to the procedure set forth in chapter 1-26 . Source: SL 1972, ch 205 , § 20; revised pursuant to SL 1972, ch 15 , § 4.

A decision of the State Board of Physical Therapy to suspend, revoke, or cancel a license requires a majority vote of the board members. Source: SL 1972, ch 205 , § 22; SL 2023, ch 136 , § 27.

Any party feeling aggrieved by any acts, rulings, or decisions of the State Board of Physical Therapy, relating to the refusal to grant a license or to the cancellation, revocation, or suspension of a license may appeal the decision, pursuant to chapter 1-26 . Source: SL 1972, ch…

Upon written application establishing compliance with licensing requirements and for reasons the State Board of Physical Therapy deems sufficient, the board may, under such conditions as it may impose, reinstate or reissue a license to any person whose license has been suspended …

Any person violating this chapter may be enjoined from further violations at the suit of the state's attorney of the county in which the violations occurred, or suit may be brought by any resident of this state. An action for injunction is an alternative to criminal proceedings, …

The State Board of Physical Therapy shall investigate every alleged violation of this chapter, pursuant to the procedures set forth in chapter 36-1C . If the alleged violation is committed by a nonlicensee, the board shall report the violation to the proper law enforcement offici…

Any person licensed as a physical therapist assistant on July 1, 1996, is deemed licensed under this chapter and is entitled to renew licensure. Source: SL 1996, ch 231 , § 8; SL 2017, ch 173 , § 16.