Title 36 — PROFESSIONS AND OCCUPATIONS
68 chapters · 2,167 sections in this title.
SDCL § 36-31-1 Definition of terms
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Terms used in this chapter mean: (1) "Board," the State Board of Medical and Osteopathic Examiners; (2) "Occupational therapist," any person licensed to practice occupational therapy as defined in this chapter and whose license is in good standing; (3) "Occupational therapy," the…
SDCL § 36-31-10 Issuance of license upon payment of fee
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The board shall issue a license to any person who meets the requirements of this chapter upon payment of the prescribed license fee. Source: SL 1986, ch 323 , § 10.
SDCL § 36-31-11 Expiration of license--Renewal--Fee--Restoration of forfeited license--Time limit--Continuing competency requirements
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Any license issued by the board, pursuant to the provisions of this chapter, shall expire on the first day of January of the year next succeeding the issuance thereof. A license may be renewed upon the payment of a fee to be fixed annually by the board. Failure of a licensee to r…
SDCL § 36-31-12 Fees
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The board shall prescribe and promulgate the following fees by rule pursuant to chapter 1-26 : (1) Initial license fee; (2) Renewal of license fee; (3) Late renewal fee; and (4) Limited permit fee. These fees shall be sufficient to cover the activities and responsibilities of the…
SDCL § 36-31-13 Promulgation of rules
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The board may promulgate rules pertaining to licensure, fees, discipline, supervision, and continuing competency for licensed occupational therapists and licensed occupational therapy assistants. All rules made by the board pursuant to this chapter shall be adopted and amended in…
SDCL § 36-31-14 Grounds for revocation, suspension, or cancellation of license
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The license of an occupational therapist or occupational therapy assistant may be revoked, suspended, or canceled upon any one of these grounds: (1) The licensee is guilty of fraud in the practice of occupational therapy or fraud or deceit in his admission to the practice of occu…
SDCL § 36-31-15 Initiation of license cancellation, revocation, or suspension proceedings
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A proceeding for cancellation, revocation, or suspension of a license may be initiated if the board has written information that any person may have been guilty of any misconduct pursuant to § 36-31-14 , or is guilty of incompetence or unprofessional or dishonorable conduct. Sour…
SDCL § 36-31-16 Majority of board members to be present at license cancellation, revocation, suspension, or reissuance proceedings--When majority vote required
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Any proceeding relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license which has been canceled, revoked, or suspended shall only be held when a majority of the members of the board are present at the hearings. The decision of the b…
SDCL § 36-31-17 Applicability of chapter 1-26
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Any proceeding relative to the cancellation, revocation, or suspension of a license shall conform to the procedure set forth in chapter 1-26 . Source: SL 1986, ch 323 , § 17.
SDCL § 36-31-18 Appeal from decision of board
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Any party feeling aggrieved by any acts, rulings or decisions of the board relating to refusal to grant or to cancellation, revocation, or suspension of a license may appeal pursuant to chapter 1-26 . Source: SL 1986, ch 323 , § 18.
SDCL § 36-31-19 When license may be reissued or reinstated--Provision for automatic reinstatement
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Upon written application establishing compliance with existing licensing requirements and for reasons the board deems sufficient, the board, for good cause shown, by majority vote, may, under the conditions it may impose, reinstate or reissue a license to any person whose license…
SDCL § 36-31-2 Occupational therapy council--Appointment--Terms--Meetings--Duties--Board communication
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The board shall appoint an occupational therapy council composed of two occupational therapists and one occupational therapy assistant. The term of office for each member is three years. No member may serve more than three consecutive, full terms. If a vacancy occurs, the board m…
SDCL § 36-31-20 Maintenance of record book--Admissibility of records and licenses in evidence--Copies of records to be furnished on request--Fee
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The secretary of the board shall keep a record book in which are entered the names of all persons to whom licenses have been granted under this chapter, the license number of each, and the date of granting the license and its renewal and other matters of record. This book is a bo…
SDCL § 36-31-21 Additional duties of board--Criminal prosecutions--Civil actions
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In addition to the duties set forth elsewhere in this chapter, the board shall: (1) Recommend prosecutions for violations of this chapter to the appropriate state's attorneys; and (2) Recommend to the attorney general the bringing of civil actions to seek injunctions and other re…
SDCL § 36-31-22 Investigation and report of violations
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The board 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 same to the proper law enforcement officials wherein the violation is comm…
SDCL § 36-31-23 Action for injunction--Injunction as alternative to criminal proceedings--Election
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Any person violating the provisions of this chapter may be enjoined from further violations by a suit brought by the state's attorney of the county wherein the violations occurred or suit may be brought by any citizen of this state. An action for injunction is an alternate to cri…
SDCL § 36-31-24 Violation of chapter as misdemeanor
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Any person who violates any provision of this chapter is, upon conviction, guilty of a Class 2 misdemeanor. Source: SL 1986, ch 323 , § 24.
SDCL § 36-31-25 Limit on board expenditures
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The total expense incurred by the Board of Medical and Osteopathic Examiners may not exceed the total money collected by the board under the provisions of this chapter. Source: SL 1986, ch 323 , § 25.
SDCL § 36-31-3 Practice or representation as occupational therapist by unlicensed person as misdemeanor
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It is a Class 2 misdemeanor for any person to practice occupational therapy or represent himself as an occupational therapist or use in connection with his name the words or letters "OTR"; "OTR/L"; "Occupational Therapist, Registered"; "Occupational Therapist, Registered/Licensed…
SDCL § 36-31-4 Certain activities not proscribed or restricted
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Nothing in this chapter may be construed as preventing or restricting the practice, services or activities of: (1) Any person licensed in this state by any other law from engaging in the profession or occupation for which he is licensed; or (2) Any person employed as an occupatio…
SDCL § 36-31-5 Limited permit--Duration--Renewal
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The board may grant a limited permit to any person who has completed the education and experience requirements of this chapter. This permit allows the person to practice occupational therapy under the supervision of or in consultation with a licensed occupational therapist. This …
SDCL § 36-31-6 Application for licensure--Requirements
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Any applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file a written application provided by the board, showing to the satisfaction of the board that he meets the following requirements: (1) Residence: Applicant need not b…
SDCL § 36-31-6.1 Application for licensure--Criminal background check requirement
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In addition to the requirements in § 36-31-6 , an applicant for licensure as an occupational therapist or an occupational therapy assistant shall submit to the board of examiners a full set of the applicant's fingerprints in a form and manner prescribed by the board. The board of…
SDCL § 36-31-7 Waiver of education requirements
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The education requirements of subsection 36-31-6(3)(a) are waived if the applicant: (1) Has practiced as an occupational therapy assistant for four years; (2) Has completed the requirements of subsection 36-31-6(4)(a) before January 1, 1988; and (3) Has passed the examination for…
SDCL § 36-31-8 Additional waiver provisions
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The board shall grant a license to any person certified prior to July 1, 1986, as an occupational therapist, registered or a certified occupational therapy assistant by the American occupational therapy association. The board may waive the examination, education or experience req…
SDCL § 36-31-9 Requirements for foreign - trained occupational therapists or assistants
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Any foreign - trained occupational therapist or occupational therapy assistant shall satisfy the examination requirements of subdivision 36-31-6(5). The board shall require foreign - trained applicants to furnish proof of good moral character and completion of educational and sup…