Title 36 — PROFESSIONS AND OCCUPATIONS

Terms used in this chapter mean: (1) "Affiliate," the South Dakota affiliate of the American Association for Respiratory Care; (2) "Board," the State Board of Medical and Osteopathic Examiners; (3) "Certified respiratory therapist," a respiratory care practitioner who has success…

The board shall grant a license to any applicant who, through written evidence, verified by oath, demonstrates: (1) That he has been performing respiratory care services in the State of South Dakota prior to November 1, 1993; or (2) That he is actively certified or registered by …

The board shall issue a license or temporary permit to any applicant who meets the requirements of this chapter upon payment of the prescribed fee. Source: SL 1993, ch 273 , § 11.

The license of every person licensed under the provisions of this chapter shall be renewed biennially. The expiration date shall be established by the board. The board shall mail a notice for renewal of license to the last known address of each licensee currently licensed, at lea…

The board shall prescribe and publish annual fees for the following by promulgating rules pursuant to chapter 1-26 : (1) Initial license fee, not to exceed seventy-five dollars; (2) Renewal of license fee, not to exceed sixty dollars; (3) Late renewal fee, not to exceed ninety-fi…

The board may promulgate rules pursuant to chapter 1-26 to set standards of professional practice for licensed respiratory care practitioners and other rules as may be reasonably necessary to implement licensing fees and continuing education requirements. Source: SL 1993, ch 273 …

The license or temporary permit of a respiratory care practitioner may be revoked, suspended or cancelled upon any one of the following grounds: (1) The licensee or temporary permit holder is guilty of fraud in the practice of respiratory care; (2) The licensee or temporary permi…

A proceeding for cancellation, revocation, or suspension of a license or temporary permit may be initiated if the board has written information that any person may have been guilty of any misconduct pursuant to § 36-4C-15 or is guilty of incompetence or unprofessional or dishonor…

Any proceedings relative to the cancellation, revocation, or suspension of a license or temporary permit or relative to reissuance of a license or temporary permit which has been cancelled, revoked, or suspended shall be held only when a majority of the members of the board are p…

Any proceeding relative to the cancellation, revocation or suspension of a license shall conform to the procedures set forth in chapter 1-26 . Source: SL 1993, ch 273 , § 18.

Any party who is aggrieved by an act, ruling or decision of the board relating to refusal to grant a license or temporary permit or cancellation, revocation or suspension of a license or temporary permit may appeal pursuant to chapter 1-26 . Source: SL 1993, ch 273 , § 19.

Respiratory care is the treatment, management, diagnostic testing, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system and associated aspects of other systems. Respiratory care includes observing, assessing, and monitoring signs, sy…

Upon written application establishing compliance with existing licensing or temporary permit 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 or temp…

The secretary of the board shall keep a record book in which are entered the names of all persons to whom licenses or temporary permits have been granted under this chapter, the identification number of the license or temporary permit, the date of granting the license or temporar…

The board shall recommend prosecutions for violations of this chapter to the appropriate state's attorney and recommend to the attorney general the commencement of civil actions to seek injunctions and other relief for violations of this chapter. Source: SL 1993, ch 273 , § 22.

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 it to the proper law enforcement officials of the county wherein the alleged v…

Any person violating any provision of this section may be enjoined from further violations by a suit brought by the state's attorney of the county wherein the violation occurred or suit may be brought by any citizen of this state. An action for injunction is an alternative to cri…

Respiratory care may be performed in any clinic, hospital, skilled nursing facility, private dwelling, or other place deemed appropriate by the board, in accordance with the prescription or verbal order of a physician and shall be performed under a qualified medical director wher…

The board shall appoint a respiratory care practitioners council composed of five members: (1) Two registered respiratory therapists; (2) Two certified respiratory therapists; and (3) A physician licensed pursuant to chapter 36-4 who practices as a pulmonologist. The term of offi…

A person who does not hold a license or temporary permit under this chapter as a respiratory care practitioner or whose license or temporary permit has been suspended or revoked may not use in connection with the person's practice the words, respiratory care, respiratory therapis…

Nothing in this chapter may be construed to permit the practice of medicine. Source: SL 1993, ch 273 , § 6.

Nothing in this chapter may be construed to prevent or restrict the practice, services, or activities of: (1) Any person licensed or certified in this state by any other law from engaging in the profession or occupation for which he is licensed or certified who is performing serv…

The board may grant a temporary permit to practice respiratory care to a graduate respiratory care practitioner. The board may also grant a temporary permit to a student respiratory care practitioner, but the permit may only allow the student to perform those respiratory care ser…

Any applicant for a license as a respiratory care practitioner shall file a written application, on a form provided by the board, containing evidence satisfactory to the board for showing that the applicant: (1) Is of good moral character; (2) Has successfully completed an educat…