Title 36 — PROFESSIONS AND OCCUPATIONS

Source: SDC 1939, § 27.1504 as enacted by SL 1957, ch 118 , § 1; SL 1963, ch 155 ; SL 1972, ch 206 , § 5; revised pursuant to SL 1973, ch 23 ; SL 1986, ch 27 , § 28; SL 2003, ch 202 , § 8; SL 2015, ch 260 , § 4. 36-15-7. Repealed by SL 1972, ch 206 , § 59. 36-15-8. Omitted.

Terms used in this chapter mean: (1) "Apprentice," any person licensed by the commission to receive education through an apprenticeship in a salon; (2) "Apprentice salon," any salon licensed by the commission to teach apprentices; (3) "Booth," any part within a licensed salon tha…

Natural hair braiding means a form of hair manipulation that results in tension on hair strands by beading, braiding, cornrowing, extending, lacing, locking, twisting, weaving, or wrapping human hair, natural fibers, synthetic fibers, or hair extensions into a variety of shapes, …

36-15-11 General duties of commission members. 36-15-12 36-15-12 , 36-15-12 .1. Repealed by SL 2003, ch 202 , §§ 10, 11. 36-15-13 General authority--Promulgation of rules. 36-15-13.1

The duties of the members of the commission include: (1) Inspecting salons, booths, schools, nail technicians, estheticians, and cosmetologists; (2) Conducting examinations for applicants for licenses under this chapter; (3) Approving continuing education courses; (4) Investigati…

The commission may promulgate rules, in accordance with chapter 1-26 , pertaining to the following: (1) Application requirements for any license or permit, as provided for in this chapter; (2) Examination and associated fees; (3) Reports of a student's education and work performe…

36-15-13.2 Continuing education for licensees--Commission authorized to adopt rules--Scope. 36-15-14 Access of authorities to salons or schools for inspection and enforcement purposes. 36-15-15 Application for license or permit--Evidence of qualifications. 36-15-16 Persons exempt…

The commission may adopt rules pursuant to chapter 1-26 pertaining to continuing education for licensees on health issues, safety issues, and services that require the use of chemicals or electrical or mechanical apparatus. The commission may provide, by rule promulgated pursuant…

The commission, any state or local board of health, or any officer or employee thereof, may enter during the business hours, any salon or school licensed under the provisions of this chapter and any other place where the practice of cosmetology is followed, practiced, or taught f…

An applicant for any license or permit shall first submit evidence, satisfactory to the commission that the applicant: (1) Is at least eighteen years of age or older, except as otherwise provided in this chapter; and (2) Has complied with all the rules adopted by the commission a…

This chapter does not apply to services rendered by regularly licensed physicians, physician assistants, nurses, podiatrists, chiropractors, physical therapists, occupational therapists, morticians, barbers, or licensed demonstrators when exclusively engaged in the practice of th…

Any person engaging solely in natural hair braiding as set forth in § 36-15-1.1 is exempt from the provisions of this chapter. Source: SL 2017, ch 176 , § 3.

Any person desiring to practice cosmetology in this state as a cosmetologist shall make application to the commission to take the examination. The application shall: (1) Contain the information required pursuant to § 36-15-15 ; (2) Contain information satisfactory to the commissi…

Any person desiring to practice nail technology in this state as a nail technician shall apply to the commission to take the nail technician examination. The application shall: (1) Contain the information required by § 36-15-15 ; (2) Contain proof that the applicant is enrolled i…

No person may engage in the practice of nail technology unless the person is licensed by the commission. A person is engaged in the practice of nail technology if that person, for compensation, a fee, or any valuable consideration, engages in any of the following practices with h…

36-15-19 Number, time, and place of examinations. 36-15-19.1 Cosmetologist's examination--Issuance of license--Annual expiration and renewal. 36-15-19.2 Licensure by reciprocity--Requirements. 36-15-19.3 Nail technician's examination--Issuance of license--Annual expiration and re…

The commission shall conduct at least six examinations in the practice of cosmetology, at least two examinations in the practice of nail technology, and at least two examinations in the practice of esthetics each year. The commission shall set the times and places for the conduct…

Each applicant for a cosmetologist license who has complied with § 36-15-17 , shall take the prescribed examination in the practice of cosmetology. The commission shall determine the contents of the examination. Upon successful completion of the required education, passing the ex…

The commission may waive the examination required in § 36-15-19.1 , 36-15-19.3 , or in 36-15-19.5 upon application made to the commission that the applicant possesses the qualifications required pursuant to § 36-15-15 , and that: (1) The applicant holds a currently valid license …

Each applicant for a nail technician license who has complied with § 36-15-17.1 shall take the prescribed examination in the practice of nail technology. The commission shall determine the contents of the examination. Upon successful completion of the required education, passing …

36-15-19.5 Esthetician's examination--Issuance of license--Annual expiration and renewal. 36-15-20 Fees--Maximums--No proration. 36-15-20.1 Lapsed licenses and renewals--Reinstatement--Promulgation of rules--Fee. 36-15-21 36-15-21 to 36-15-21 .3. Repealed by SL 2007, ch 217 , §§ …

Each applicant for an esthetician license who has complied with § 36-15-2.3 shall take the prescribed examination in the practice of esthetics. The commission shall determine the contents of the examination. Upon successful completion of the required education, passing the examin…

No person may engage in the practice of cosmetology unless the person is licensed by the commission. A person is engaged in the practice of cosmetology if that person, for compensation, a fee, or any valuable consideration, engages in any of the following practices with hands, ch…

None of the following constitute the practice of cosmetology: (1) Any person practicing permanent removal of hair by the use of a galvanic or thermalytic needle known as electrolysis; (2) Any retailer at a retail establishment who in the ordinary course of business is engaged in …

No person may engage in the practice of esthetics unless the person is licensed by the commission. A person is engaged in the practice of esthetics if that person, for compensation, a fee, or any valuable consideration, engages in any of the following practices with hands, chemic…

Any person desiring to practice esthetics in this state as an esthetician shall apply to the commission to take the esthetics examination. The application shall: (1) Contain the information required by § 36-15-15 ; (2) Contain proof that the applicant is enrolled in or has comple…

Any license or permit issued under this chapter or any license issued under prior law may be renewed for periods of one year, but in any event expiring on the renewal date as established by the commission. The commission shall, by rules promulgated pursuant to chapter 1-26 , esta…

The following fees may not exceed the amounts specified below: (1) Examination and initial license fee, one hundred twenty-five dollars; (2) Examination retake fee, ninety dollars per examination; (3) Cosmetologist, nail technician, or esthetician license renewal fee, fifty dolla…

The commission shall promulgate rules, in accordance with chapter 1-26 , concerning the reinstatement of a lapsed license and a lapsed renewal, as provided for in this chapter. The commission shall promulgate rules, in accordance with chapter 1-26 , to establish a fee that may be…

Any person who holds a current valid license from another state or foreign country in the practices of cosmetology, nail technology, or esthetics may apply to the commission for a temporary permit to practice cosmetology, nail technology, or esthetics, as applicable. The applicat…

No person may teach in a school or an apprentice salon unless that person is licensed by the commission as an instructor. Any person may qualify and be licensed by the commission as an instructor for cosmetology, nail technology, or esthetics, as applicable, upon application made…

Any instructor license issued by the commission pursuant to this chapter expires annually on a date set by the commission in rules promulgated pursuant to chapter 1-26 , and is renewable annually. The application shall be accompanied by the fee required in this chapter and proof …

The commission may adopt rules pursuant to chapter 1-26 pertaining to educational requirements for instructor licenses and the renewal of instructor licenses including the kinds and subjects of education and the number of hours of education required. The commission may also subst…

No person may conduct a cosmetology, nail technology, or esthetics school for any of the practices of cosmetology, as applicable, unless that person is licensed as a school by the commission. The commission shall issue the license if the applicant meets the following requirements…

The license issued pursuant to § 36-15-29 authorizes the cosmetology, nail technology, or esthetics school holding a license to transact a school in this state only on the premises approved by the commission, subject to the rules of the commission. The license is not transferable…

36-15-29.3 Branch school--Requirements for license. 36-15-30 School license--Annual expiration and renewal. 36-15-31 36-15-31 , 36-15-32. Repealed by SL 1972, ch 206 , § 59. 36-15-33 Student license application--Requirements and issuance of license--Withdrawal or transfer. 36-15-…

No school may conduct an education program at a separate school premises unless the school premises is licensed by the commission as a branch school. The commission shall issue a license for a branch school if the applicant meets the following requirements: (1) The applicant hold…

The Cosmetology Commission shall perform all functions exercised by the former State Board of Cosmetology. The Cosmetology Commission consists of five members to be appointed by the Governor for a term of three years. No member may serve more than three consecutive full terms. Ho…

A school license issued pursuant to § 36-15-29 or pursuant to § 36-15-29.3 expires one year from date of issuance and is renewable annually. The renewal application shall be accompanied by the fee required in this chapter. Source: SDC 1939, § 27.1509 (4) as enacted by SL 1957, ch…

Any person entering or enrolling in a licensed school for education in the practice of cosmetology, nail technology, or esthetics shall apply to the commission for a student license within ten days after the date of enrollment. The applicant for a student license shall be at leas…

Any person who wishes to transfer from an out - of - state school of cosmetology to a licensed school in this state for the purpose of meeting the requirements of the state for commission examination in cosmetology, nail technology, or esthetics shall apply for a student license …

No owner, employer, manager, or any other person may conduct simultaneously a salon and a school, unless the salon is conducted separately from the school so as not to be construed by the public as one enterprise. Source: SDC 1939, § 27.1506 (6) as enacted by SL 1957, ch 118 , § …

Any school shall use the word "school" or words indicating an institution of learning in any advertisement, sign, display, or directory. Each school shall clearly indicate in a location conspicuous to the general public that cosmetological services and practices performed in the …

Each professional member of the commission shall be: (1) A resident of this state; (2) At least twenty - five years of age; (3) Actively engaged in the practice of cosmetology for the three years immediately preceding the appointment; and (4) Currently licensed as a cosmetologist…

The membership of the Cosmetology Commission shall include two lay persons who are users of the services regulated by the commission. The term lay persons who are users refers to persons who are not licensed by the commission but where practical use the services licensed, and the…

A person may receive apprenticeship education in cosmetology, esthetics, and nail technology. However, no person may receive apprenticeship education unless that person is licensed as an apprentice. Any person may apply to the commission to be licensed as an apprentice if the app…

A salon may not offer apprenticeship education without obtaining an apprentice salon license. The owner of the salon may apply to the commission to be licensed as an apprentice salon if: (1) The salon meets the applicable requirements of this chapter and rules promulgated pursuan…

36-15-44 Maximum number of apprentices in salon. 36-15-45 Required period of apprenticeship--Transfer to another salon--Break in apprenticeship period--Promulgation of rules. 36-15-46 Textbooks and course of study for schools and apprenticeship training. 36-15-46.1 General Course…

An apprentice salon may have up to eight apprentices not to exceed two apprentices per instructor. Source: SDC 1939, § 27.1507 (5) as enacted by SL 1957, ch 118 , § 1; SL 2003, ch 202 , § 50; SL 2018, ch 234 , § 1; SL 2021, ch 176 , § 3; SL 2024, ch 157 , § 4.

A licensed apprentice in cosmetology shall receive education in the practice of cosmetology as required by this chapter in the same cosmetology salon for fifteen hundred consecutive hours. A licensed apprentice in esthetics shall receive education in the practice of esthetics as …