Title 36 — PROFESSIONS AND OCCUPATIONS

The practice of optometry is declared to be a profession and is defined as: (1) The examination of the human eye and its appendages; (2) The employment of any means for the measurement of the powers of visions, or any visual, muscular, neurological, interpretative, or anatomical …

Source: SL 1986, ch 306 , § 8; SL 1991, ch 303 , § 2; SL 1994, ch 296 , § 2; SL 2024, ch 155 , § 6.

Source: SL 2003, ch 201 , § 3; SL 2024, ch 155 , § 7.

As used in this chapter, the term, board, means the South Dakota Board of Examiners in Optometry. Source: SL 2022, ch 147 , § 1.

Before an optometrist may perform any one or more of the procedures set forth in subdivision 36-7-1 (9), the optometrist must provide to the board, at the time and in the manner directed by the board, verifiable evidence that: (1) The optometrist: (a) Received a passing score on …

The demonstration of competency required in accordance with subdivision 36-7-1 .4(3), must occur in the presence and under the direct supervision of an ophthalmologist licensed in this state, or in the presence and under the direct supervision of an optometrist licensed in this s…

It is a Class 2 misdemeanor for any person who is not the holder of a certificate of registration or exemption, issued and recorded as provided in this chapter, to practice or offer to practice optometry within the state. Source: SDC 1939, § 27.0708; SL 1977, ch 190 , § 153; SL 2…

The board may issue a license to an applicant that: (1) Submits an application on a form prescribed by the board; (2) Pays the application fee set by rules promulgated by the board pursuant to chapter 1-26 , not to exceed one hundred seventy-five dollars; (3) Is eighteen years or…

Source: SDC 1939, § 27.0704 (5); SL 1941, ch 125 , § 2; SL 1947, ch 122 , § 1; SL 1977, ch 292 , § 2; SL 1985, ch 299 , § 1; SL 1986, ch 302 , § 67; SL 2008, ch 191 , § 14; SL 2022, ch 147 , § 22.

Any applicant for licensure as an optometrist after July 1, 1986, shall satisfactorily complete all pharmacology studies and clinical experience required by this chapter and the board, and attain a passing grade on the pharmacology portion of a national board examination approved…

Each new applicant for licensure as an optometrist, in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the Board of…

The board may issue a license to practice as an optometrist by endorsement to a person who has been licensed as an optometrist under the laws of another state or territory under United States jurisdiction if: (1) The person submits an application and pays the required fee set by …

Source: SDC 1939, § 27.0705; revised pursuant to SL 1972, ch 15 , § 3; SL 2022, ch 147 , § 23.

The board may: (1) Promote the safe and qualified practice of optometry; (2) Promulgate rules pursuant to chapter 1-26 to govern standards for the safe and qualified practice of optometry, to adopt a code of ethics or professional conduct, and to establish criteria for advertisin…

Source: SL 1979, ch 253 , § 2; SL 1986, ch 306 , § 9; SL 1994, ch 296 , § 4; SL 2022, ch 147 , § 24.

Source: SL 1979, ch 253 , §§ 3, 5; SL 1985, ch 299 , § 2; SL 1994, ch 296 , § 5; SL 2008, ch 191 , § 16; SL 2013, ch 173 , § 1; SL 2022, ch 147 , § 25.

Source: SL 1986, ch 306 , § 10; SL 1994, ch 296 , § 6; SL 2013, ch 173 , § 2; SL 2022, ch 147 , § 26. 36-7-16. Repealed by SL 1986, ch 306 , § 1.

36-7-17 Practice as individual or partner required--Exception for authorized corporate practice--Violation--Optometrist not precluded from serving as officer or director of health maintenance organization. 36-7-17.1 Certain healing arts practitioners to participate in alternate h…

Every optometrist in this state shall furnish the board satisfactory evidence that the licensee practices optometry as a profession, in an individual personal capacity under the optometrist's own name or as a partner of another licensed optometrist and not as a corporation, limit…

Any licensed optometrist may organize or contract for services with a corporation organized under the laws of this state by licensed practitioners of the healing arts, for the purpose of negotiating group health care contracts and providing services within the scope of their resp…

Each optometrist shall conspicuously display any license, and subsequent proof of renewal, issued by the board under this chapter at the optometrist's primary place of practice. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 27.0706; SL 1947, ch 122 , §…

Source: SDC 1939, § 27.0703 (3) as added by SL 1951, ch 131 , § 2; revised pursuant to SL 1972, ch 15 , § 4; SL 2022, ch 147 , § 27.

Each optometrist licensed pursuant to this chapter shall apply, on a form approved by the board, for a renewal of the license. The renewal must be issued by the board upon payment of a fee set by the board by rule promulgated pursuant to chapter 1-26 , not to exceed three hundred…

Source: SL 1973, ch 243 , § 2; SL 1979, ch 252 , § 4; SL 2022, ch 147 , § 28.

Failure to renew the license on or before October first of each year constitutes a forfeiture of the optometrist's license. The license may be renewed at the discretion of the board upon application and payment of the fee required by § 36-7-11 , and a late fee set by the board by…

Source: SL 1973, ch 243 , § 2; SL 1985, ch 299 , § 10; SL 2022, ch 147 , § 29.

Source: SL 1979, ch 252 , § 3; SL 2022, ch 147 , § 30.

The board may remit the license fee of any optometrist on active duty in the armed forces of the United States. For the purposes of this section, the term, active duty in the armed forces, means full-time duty in the active military services and reserve components of the United S…

36-7-23

36-7-24 Disciplinary action--Grounds. 36-7-25 Unprofessional conduct defined--No basis for criminal prosecution. 36-7-25.1 Prohibited acts. 36-7-26 Appeal from Board of Examiners. 36-7-27 Reinstatement of license after revocation. 36-7-28 Injunction to prevent violation of chapte…

The board may, in compliance with chapter 1-26 , impose disciplinary sanctions on an optometrist for: (1) Conviction of a felony; (2) Obtaining, or attempting to obtain, a license by fraudulent misrepresentation; (3) Malpractice; (4) Continued practice when knowingly having an in…

The term, unprofessional conduct, as used in this chapter, means: (1) Any conduct of a character likely to deceive or defraud the public; (2) The loaning of a license by any licensed optometrist or any person or corporation; (3) Violating any provision of this chapter or any rule…

Nothing in this chapter may be construed to allow the performance, by an optometrist, of: (1) Intraocular injections; (2) Intraocular surgery; or (3) Refractive surgery. Source: SL 2024, ch 155 , § 5.

An appeal from the decision of the Board of Examiners may be taken as provided by chapter 1-26 . Source: SDC 1939, § 27.0707; SL 1951, ch 131 , § 4; revised pursuant to SL 1972, ch 15 , § 4.

After one year, and upon application and proof that the disqualification has ceased, the board may reinstate a person whose license has been revoked, if no other basis for denial of the license exists. Source: SDC 1939, § 27.0707; SL 1951, ch 131 , § 4; SL 2013, ch 173 , § 6; SL …

Any person violating the provisions of this chapter may be enjoined from further violations in the circuit courts of this state in actions to be brought by the State Board of Examiners in Optometry. Such suits may also be brought by any citizen of the state. An action for injunct…

Source: SL 1976, ch 231 ; SL 2022, ch 147 , § 31.

The Governor shall appoint five members to the board. Four members must be optometrists in active practice in this state for at least five years preceding the appointment. One member must be a representative of the public who is a resident of this state and who is not associated …

Source: SL 1973, ch 2 , § 58; SL 1977, ch 292 , § 1; SL 2022, ch 147 , § 17.

The board shall continue within the Department of Health. Source: SL 1973, ch 2 , § 56 (q); SL 2003, ch 272 , § 41; SL 2022, ch 147 , § 3.

The Board of Examiners, or any of its officers or employees so authorized, may, during business hours, enter and inspect any place where optometry is practiced for the purpose of enforcing this chapter and rules adopted pursuant hereto. Such inspection may include any records and…

Source: SL 1994, ch 296 , § 7; SL 2022, ch 147 , § 32. 36-7-32. Repealed by SL 1994, ch 296 , § 8. 36-7-33. Repealed by SL 2003, ch 201 , § 2.

36-7-33

36-7-34 Sale of contact lenses without prescription prohibited--Violation as misdemeanor.

No person may sell contact lenses without a valid prescription signed by a licensed optometrist or practitioner licensed pursuant to chapter 36-4 . For purposes of this section, the term, contact lenses, includes any contact lens, with or without visual correction. A violation of…

Source: SDC 1939, § 27.0712; SL 2022, ch 147 , § 18.

Source: SDC 1939, § 27.0703; SL 1951, ch 131 , § 2; revised pursuant to SL 1972, ch 15 , § 4; SL 2022, ch 147 , § 19.

Source: SDC 1939, § 27.0711; SL 1985, ch 299 , § 6; SL 2022, ch 147 , § 20. 36-7-7. Repealed by SL 1985, ch 299 , § 7.

36-7-8 Repealed. 36-7-9

Source: SDC 1939, § 27.0709; SL 1947, ch 122 , § 3; SL 1951, ch 131 , § 5; SL 1967, ch 99 ; SL 1985, ch 299 , § 8; SL 2022, ch 147 , § 21. 36-7-9. Repealed by SL 1985, ch 299 , § 9.