Title 36 — PROFESSIONS AND OCCUPATIONS

Terms in this chapter mean: (1) "Board," the Board of Massage Therapy; (2) "Licensee," a person who meets the qualifications for licensure pursuant to this chapter and holds a valid license to practice massage therapy; (3) "Massage," the systematic mobilization of the soft tissue…

Any person who engages in the practice of massage or holds himself or herself out to the public as engaged in the practice of massage without a license issued pursuant to this chapter, or owns, operates or manages a business which knowingly employs or contracts with any unlicense…

36-35-12 Application for license--Qualifications--Appeal of denial. 36-35-12.1 Temporary permit. 36-35-12.2

The board shall issue a license to engage in the practice of massage to any person who submits an application form and the nonrefundable application fee as approved in § 36-35-17 and who demonstrates the following qualifications: (1) Eighteen years of age or older; (2) Completion…

Upon application and payment of an application fee not to exceed seventy-five dollars, the board may issue a temporary permit to practice massage therapy to an applicant who has met the requirements of subdivision 36-35-12(1) to (4), inclusive, pending completion and results of t…

36-35-12.3 Expiration of license. 36-35-13 Unprofessional conduct. 36-35-14

A license issued under this chapter is valid until September thirtieth following the date it is issued and automatically expires unless it is renewed. Source: SL 2013, ch 184 , § 8; SL 2016, ch 197 , § 9.

For the purposes of this chapter, any of the following acts constitute unprofessional conduct: (1) Conviction of or a plea of guilty to any felony, any crime involving or relating to the practice of massage, or any crime involving dishonesty or moral turpitude; (2) Providing the …

36-35-15 Applicants licensed in other states. 36-35-16 Renewal of license. 36-35-17 Application and license fees. 36-35-18 Duplicate license. 36-35-18.1 Inactive status. 36-35-19 Continuing education requirements. 36-35-20 Investigation of complaints--Inspections. 36-35-21 Profes…

Notwithstanding the provisions of § 36-35-12 , the board may issue a license to an applicant licensed to practice massage therapy in another state if the applicant demonstrates the following qualifications: (1) Eighteen years of age or older; (2) Absence of unprofessional conduct…

Any licensee holding a valid license under this chapter may renew that license by making application for renewal, paying the required renewal fee, and providing proof of compliance with the continuing education requirements set by the board. If the board has not received a licens…

Any applicant for a license under this chapter shall submit a nonrefundable application fee not to exceed one hundred dollars. Any person who has a license issued or renewed by the board shall submit a license fee in an amount not to exceed sixty-five dollars. Fees shall be set b…

The board may issue a duplicate license to a licensee upon request. Source: SL 2005, ch 206 , § 18; SL 2008, ch 191 , § 77; SL 2013, ch 184 , § 12.

The board may place a massage therapy license on inactive status upon submission of an application and payment of the application fee. Source: SL 2007, ch 223 , § 5; SL 2016, ch 197 , § 14.

Any person licensed under this chapter shall complete eight hours of continuing education relating to competence in the practice of massage on a biennial basis of a type and from a facility or instructor approved by the board. The required continuing education hours may be obtain…

The board consists of five members appointed by the Governor. The term of a board member is three years. One member of the board shall be a person not licensed by the board. Four members of the board shall be persons licensed by the board. The Governor shall fill any vacancy by a…

The board shall receive and investigate any complaint filed with the board alleging a violation of this chapter pursuant to the procedures set forth in chapter 36-1C. The board may inspect the place of business of the licensee named in a complaint during normal business hours or …

Any person holding a valid license under this chapter and engaged in the practice of massage therapy shall carry malpractice or professional liability insurance coverage with a company with a certificate of authority from the South Dakota Division of Insurance with limits of no l…

The board may cancel, suspend, or revoke a license following a contested case hearing in compliance with chapter 1-26 upon satisfactory proof of incompetence, unprofessional conduct, or a violation of any provision of this chapter. The board may waive the requirement of prior not…

Any person whose license has been cancelled, suspended, or revoked by the board may not reapply for a license until one year after it was cancelled, suspended, or revoked unless a different time has been set by the board. Source: SL 2005, ch 206 , § 23.

The board may promulgate rules pursuant to chapter 1-26 to establish: (1) The form and information required for any license application; (2) A list of recognized facilities or instructors who may provide training or instruction required for licensure or continuing education requi…

The provisions of this chapter do not apply to any person performing massage for compensation if the massage is done under one of the following circumstances: (1) As part of a licensed practice as a physician, physician assistant, chiropractor, nurse, physical therapist, athletic…

Any member of the board may resign by giving written notice to the board and to the Governor. Resignations are effective when delivered to the Governor and the board. Source: SL 2005, ch 206 , § 3.

The board shall annually elect from its members a president, vice-president, and secretary. Source: SL 2005, ch 206 , § 4; SL 2016, ch 197 , § 3.

The board shall hold at least two meetings per year at a place and time set by the board. The board may hold additional meetings at a time and place set by the president or a majority of the board. Source: SL 2005, ch 206 , § 5; SL 2016, ch 197 , § 4.

Three board members present at any meeting constitute a quorum. No board action may occur unless approved by a majority vote of the entire board. Source: SL 2005, ch 206 , § 6.

The board may: (1) Administer, coordinate, and enforce the provisions of this chapter; (2) Evaluate the qualifications of applicants for licensure and permits and issue and renew licenses and permits; (3) Maintain the names of persons that meet the qualifications for licensure; (…

Board members shall receive a per diem set pursuant to § 4-7-10.4 and expenses at the same rate as other state employees while actually engaged in official duties. Source: SL 2005, ch 206 , § 7.

Any person engaged in the practice of massage in this state shall conspicuously display a valid license from the board in the licensee's regular place of business. If the licensee is providing massage therapy outside of the licensee's regular place of business, the licensee shall…

Any fees collected under this chapter shall be used for the operation of the board and the implementation of this chapter. Source: SL 2005, ch 206 , § 9; SL 2013, ch 184 , § 2.