Title 36, PROFESSIONS AND OCCUPATIONS

Any person shall be deemed in the practice of veterinary medicine who represents himself as or is engaged in the practice of veterinary medicine in any of its branches either directly or indirectly, or uses any words, titles, or letters, to title so as to signify that he is a vet…

The secretary of the Board of Veterinary Medical Examiners shall keep a permanent record of all parties licensed to practice veterinary medicine in the State of South Dakota, the names of applicants for licensure, the minutes of all meetings held by the board, and a current list …

All fees set forth under this chapter shall be paid to the secretary of the Board of Veterinary Medical Examiners and shall be kept by the board to pay its necessary expenses, including the paying of any help required by the board in performing its functions as set forth in this …

Any person who is over the age of eighteen years desiring to begin the practice of veterinary medicine or veterinary surgery in the State of South Dakota shall make application to the Board of Veterinary Medical Examiners for license to do so. The application shall be made on a f…

The Board of Veterinary Medical Examiners shall give five days' notice of examination to all parties filing application forms as provided in § 36-12-12 by mailing to such applicants at their last known post office address the time and place of examination, and at such time and pl…

Within a reasonable time after examining applicants for licensing under this chapter, the Board of Veterinary Medical Examiners shall issue licenses to all parties found duly qualified therefor and such licenses shall be signed by the president and secretary of the board. Source:…

The Board of Veterinary Medical Examiners, without examination, may issue a license to practice veterinary medicine to a citizen of the United States or a resident of South Dakota who has been actively engaged in such profession in some other state, territory, or the District of …

All registration certificates to practice veterinary medicine issued prior to July 1, 1961, pursuant to the laws of the State of South Dakota shall be deemed to be a license issued under this chapter, and the secretary of the Board of Veterinary Medical Examiners shall record the…

The secretary of the Board of Veterinary Medical Examiners shall issue temporary permits to senior students who practice in the office of, and under the direct supervision of a veterinarian entitled to practice veterinary medicine in this state, which temporary permit shall not e…

The secretary of the Board of Veterinary Medical Examiners shall issue temporary permits to those who have graduated from and received a degree from a legally authorized veterinary medical school having educational standards equal to those approved by the American Veterinary Medi…

The secretary of the Board of Veterinary Medical Examiners shall issue a temporary permit to a graduate of a nonaccredited college of veterinary medicine who has completed the fourth year of study at an accredited college, has successfully passed the national exam defined in rule…

Each person licensed by the Board of Veterinary Medical Examiners to practice veterinary medicine in this state shall procure from the secretary of the board on or before July first, on a biennial basis, a certificate of registration. Such certificate shall be issued by the secre…

All registered veterinarians licensed pursuant to this chapter shall complete annual courses of study in subjects related to the practice of veterinary medicine. The Board of Veterinary Medical Examiners may, however, waive the continuing education requirement in the case of a ce…

The length of study required by § 36-12-19.1 may be prescribed by the Board of Veterinary Medical Examiners pursuant to § 36-12-19.1 but may not exceed twenty - four hours in any calendar year. Attendance at any course of study is to be certified by the board upon a form provided…

The following persons shall not be considered to be engaging in the practice of veterinary medicine in this state: (1) Those who administer to livestock, title of which rests in himself, or in his regular employer, or free service in any case; (2) Those who conduct experimentatio…

Failure of a person licensed by the Board of Veterinary Medical Examiners to secure a certificate of registration shall constitute a forfeiture of a license held by such person. However, any person who has forfeited his license for a period of less than four years may have the li…

No person shall practice veterinary medicine in the State of South Dakota without possessing and displaying prominently in his or her principal office a license and a current and valid certificate of registration issued pursuant to the provisions of this chapter. Source: SDC 1939…

Any veterinarian licensed to practice veterinary medicine in the State of South Dakota may use the services of one or more registered veterinary technicians. Veterinary technicians provided for in this section before being employed by a licensed veterinarian shall be registered b…

Veterinary technicians provided for in § 36-12-21.1 shall possess qualifications as provided in rules promulgated pursuant to chapter 1-26 by the South Dakota State Board of Veterinary Medical Examiners. In addition to specifying the initial qualification requirements, the rules …

An application for registry of a veterinary technician shall be filed with the board by the licensed veterinarian under whom the technician will practice. The application for registry shall set out the qualifications of the technician required by the rules of the board and the ap…

The board shall issue a registration certificate for each veterinary technician registered with the board. The certificate shall state the name of the licensed veterinarian by whom such technician is employed and the year of registration. The registration certificate shall be pos…

The registration certificate of a veterinary technician shall be renewed each year by procuring a renewal certificate from the board on or before the first day of July of each year. The fee for renewal of the certificate shall be set by the board, by rule, promulgated pursuant to…

A veterinary technician may only work under the direction or supervision of the licensed veterinarian or veterinarians by whom the technician is employed. The State Board of Veterinary Medical Examiners shall promulgate rules pursuant to chapter 1-26 to define the terms direction…

A veterinary technician registered under §§ 36-12-21.3 and 36-12-21.4 may not maintain or operate any office separate from the office of the licensed veterinarian by whom the technician is employed. Source: SL 1973, ch 245 , § 6; SL 1993, ch 280 , § 8; SL 2008, ch 194 , § 4.

The licensed veterinarian by whom a registered veterinary technician is employed is responsible for the acts of the technician, and nothing in this chapter relieves the employer of the ordinary duties and responsibilities of the acts or conduct of the employee. Source: SL 1973, c…

The State Board of Veterinary Medical Examiners may, in compliance with chapter 1-26 , either refuse to issue a license or refuse to issue a certificate of registration or suspend or revoke a license and certificate of registration upon any of the following grounds: (1) Fraud or …

The registration of any veterinary technician may be revoked for any cause set out in § 36-12-22 providing for revocation of the license of a veterinarian or for violation of any provisions of §§ 36-12-21.1 to 36-12-21.8 , inclusive, or the rules of the board, and such revocation…

Any person may prefer charges as set forth in § 36-12-22 by filing with the Board of Veterinary Medical Examiners in writing a sworn statement setting forth the specific charges upon which complaint is made. Source: SL 1961, ch 201 , § 13; revised pursuant to SL 1972, ch 15 , §§ …

All proceedings relative to the revocation or suspension of a license, or relative to reissuing a license which has been revoked shall only be held when a majority of the members of the Board of Veterinary Medical Examiners are present at such hearings. Such proceedings shall be …

Any person whose license has been revoked by the Board of Veterinary Medical Examiners is entitled to judicial review as provided by chapter 1-26 . Source: SL 1961, ch 201 , § 13; revised pursuant to SL 1972, ch 15 , § 4.

Any person whose license has been revoked may apply to the Board of Veterinary Medical Examiners for reinstatement and relicense, and if the board is satisfied that such conduct will be discontinued may reissue a license to such person. Source: SL 1961, ch 201 , § 13.

Any person engaging in the practice of veterinary medicine for which a license and registration certificate is required without such license or registration certificate, or without a temporary permit to do so, is guilty of a Class 2 misdemeanor. Source: SDC 1939, §§ 40.0202, 40.9…

Any citizen of this state may bring an action in circuit court for an injunction to restrain anyone practicing veterinary medicine without a license and registration certificate as required by this chapter. The Board of Veterinary Medical Examiners may bring action for such injun…

If any section, subsection, sentence, or word of this chapter shall be determined by a court of competent jurisdiction to be unconstitutional or inoperative, it shall not affect the remaining portions of this chapter. Source: SL 1961, ch 201 , § 21.

The Governor shall appoint a State Board of Veterinary Medical Examiners which shall include three veterinarians. Each veterinarian shall be a graduate from a college authorized by law to confer degrees of veterinary medicine with educational standards equal to those approved by …

Except as provided by § 36-12-5.1 , no one shall be eligible for appointment to the State Board of Veterinary Medical Examiners who has not actively engaged in the practice of veterinary medicine in the State of South Dakota for a period of five years immediately prior to his app…

The membership of the Board of Veterinary Medical Examiners shall include one lay member who is a user of the services regulated by the board. The term lay member who is a user refers to a person who is not licensed by the board but where practical uses the service licensed, and …

The Governor shall remove any member of the Board of Veterinary Examiners upon proper showing of neglect of duty or for corrupt conduct in office or any other misfeasance or malfeasance in office. Source: SL 1961, ch 201 , § 3; SL 2005, ch 199 , § 38.

If any vacancy occurs among the veterinarians on the State Board of Veterinary Medical Examiners due to resignation, death, removal from the state, or suspension as provided in this chapter, or for any other reason, the Governor shall fill such vacancy from the roster of licensed…

The State Board of Veterinary Medical Examiners shall by rule provide for an annual meeting. At such meeting the board shall elect a president, vice - president, and secretary, who shall have the duties hereinafter set forth in this chapter. Source: SL 1961, ch 201 , §§ 5, 15; SL…

The Board of Veterinary Medical Examiners may employ an executive secretary who shall have such duties as may be provided by resolution of the Board of Examiners. The board may expend the necessary funds for an office, furniture, fixtures, supplies, and administrative services. T…

A quorum of the Board of Veterinary Medical Examiners shall consist of three members and such quorum shall be sufficient to conduct the proceedings of the board set forth in this chapter. Source: SL 1961, ch 201 , § 5; SL 1975, ch 237 , § 2.

The Board of Veterinary Medical Examiners shall continue within the Department of Agriculture and Natural Resources, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at…