Title 36 — PROFESSIONS AND OCCUPATIONS

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 …

The commission may prescribe textbooks, educational material, and the general course of study required for schools and for salons having one or more apprentices. Such textbooks and educational material shall be furnished without charge for use by apprentices. Source: SDC 1939, § …

Notwithstanding any other provision of this chapter, the commission shall allow credit for general coursework in areas not specific to the practice of cosmetology, nail technology, or esthetics, that is completed in other programs or institutions, to be applied to any course of s…

Any apprentice licensed pursuant to this chapter may practice cosmetology if the practice is performed only in a cosmetology, esthetics, or nail salon, as applicable, licensed pursuant to this chapter; the apprentice is under the constant supervision, control, and direction of a …

Only an instructor licensed under this chapter may teach an apprentice in any of the practices of cosmetology. The instructor, the salon, or anyone connected with the apprenticeship may not charge, receive, or accept any fee or anything of value except services for the education.…

The commission shall adopt reasonable rules pursuant to chapter 1-26 pertaining to a report on the apprentice's progress and education received from a licensed instructor. Source: SDC 1939, § 27.1507 (4) as enacted by SL 1957, ch 118 , § 1; SL 1972, ch 206 , § 39; SL 2003, ch 202…

A licensed apprentice who has completed hours in cosmetology, esthetics, or nail technology may apply the completed hours towards meeting the curriculum requirements of another apprentice program if the completed hours meet the requirements of the other program. Source: SL 2024, …

A person who has completed hours under an apprenticeship or at a licensed school may have those completed hours be transferable between an apprenticeship, program, or school if allowed by the institution to which the person is transferring. Source: SL 2024, ch 157 , § 8. 36-15-49…

36-15-50 Temporary license issued on completion of apprenticeship--Duration of license. 36-15-50.1 Temporary license to school graduate--Duration of license. 36-15-51 License required to operate salon or booth--Types of licenses--Annual expiration and renewal--Violation as misdem…

The commission shall organize at its first meeting after July first of each year by electing from its membership a president, a vice - president, and a secretary - treasurer. The commission shall meet at such times and places as shall be designated by the commission. Any three me…

The Cosmetology Commission shall continue within the Department of Labor and Regulation, and shall retain all its prescribed functions, including administrative functions. The commission shall submit such records, information, and reports in the form and at such times as required…

Any person who successfully completes the term of apprenticeship pursuant to this chapter may apply to the commission for a temporary license which will authorize the applicant to perform all the practices of a regularly licensed cosmetologist, esthetician, or nail technician, as…

Any person who successfully completes a course of education in an approved and licensed school in this state, or in any other licensed cosmetology, nail technology, or esthetics school, as applicable, not located within this state that is shown to the satisfaction of the commissi…

No person may operate a salon or booth without a license. Any person who desires to operate a salon or booth where: (1) All of the practices of cosmetology are provided shall apply to the commission for a cosmetology salon or booth license, as applicable; (2) Only nail technology…

The owner of a salon or booth shall apply to the commission for a new license pursuant to § 36-15-51 if: (1) A salon or booth address is changed; (2) Sole ownership is changed; (3) A partnership has a change in any partner; or (4) The controlling ownership in a corporation is tra…

Any licensed nursing facility or licensed assisted living center that permits cosmetology services only to its residents and does not advertise as a salon is not required to have a salon license. Source: SL 2014, ch 181 , § 2; SL 2018, ch 235 , § 1.

A person who operates a licensed salon may allow more than one licensed cosmetologist, licensed esthetician, or licensed nail technician to share a work station or other space within the salon, provided that: (1) Each individual maintains the minimum equipment and sanitary requir…

36-15-54 Practice outside licensed salon or booth prohibited--Exceptions. 36-15-55

Cosmetology, nail technology, and esthetics may only be practiced in a licensed salon or booth, notwithstanding the following exceptions: (1) Demonstrations: a demonstrator may perform a demonstration of cosmetology services for compensation, fee, or any other remuneration; (2) L…

36-15-55.1

36-15-55.2 Ground for disciplinary action as basis for refusal, revocation or suspension of license. 36-15-56 Grounds for disciplinary action. 36-15-57 Subpoena power of commission--Administration of oaths--Depositions. 36-15-58 Initiation of proceedings for cancellation, revocat…

The commission may, in compliance with chapter 1-26 , either refuse to issue, revoke, or suspend a license which is required by this chapter on any of the grounds for disciplinary action provided in this chapter. Source: SL 1972, ch 206 , § 47; revised pursuant to SL 1972, ch 15 …

The grounds for disciplinary action are: (1) Fraud or deception in procuring a license required by this chapter; (2) Failure of any person to comply with any of the requirements of this chapter or rules adopted pursuant to this chapter; (3) Publication or use of any untruthful or…

The Cosmetology Commission shall have the powers granted by §§ 1-26-19.1 and 1-26-19.2 at any hearing of any matter over which the commission has jurisdiction. Source: SDC 1939, § 27.1511; SL 1943, ch 106 , § 3; SL 1957, ch 118 , § 1; revised pursuant to SL 1972, ch 15 , § 4.

The proceedings for cancellation, revocation, or suspension of a license may be initiated when the cosmetology commission has information that any person may have been guilty of any misconduct as provided in § 36-15-56 , or is guilty of incompetence, negligence, or unprofessional…

All proceedings relative to the cancellation, revocation or suspension of a license, or relative to reissuing a license which has been revoked or suspended shall only be held when a majority of the members of the commission are present at such hearings. Source: SL 1972, ch 206 , …

The decision of the commission to suspend, revoke or cancel a license requires a majority vote of the commission members. Source: SL 1972, ch 206 , § 50.

By majority vote, the commission may reinstate or reissue a suspended or revoked license upon: (1) Written application establishing compliance with existing licensing requirements; or (2) Testimony by witnesses. The commission may impose conditions for the reinstatement of a lice…

An appeal may be taken from orders or decisions of the Cosmetology Commission acting pursuant to this chapter as provided by chapter 1-26 . Source: SDC 1939, § 27.1511; SL 1943, ch 106 , § 3; SL 1957, ch 118 , § 1; SL 1972, ch 206 , § 55.

The commission may employ personnel as it deems necessary to administer and enforce the provisions of this chapter. The commission may pay the travel and subsistence expenses of each employee pursuant to the provisions of §

No person may: (1) Practice cosmetology, nail technology, or esthetics without a license; (2) Intentionally make any false oath or affirmation whenever an oath or affirmation is required by this chapter or rules promulgated to this chapter; (3) Fail to display any license in a co…

The commission or any resident of this state may bring an action in circuit court for an injunction to: (1) Restrain any person or corporation from the practice of or education in cosmetology without a valid license; (2) Restrain the operation of any salon or school without a val…

This chapter shall be known and cited as the Cosmetology Act. Source: SL 1972, ch 206 , § 58.

36-15-8

36-15-9 Fees paid in advance--Use by commission. 36-15-10

All fees provided for in this chapter shall be paid in advance to the secretary - treasurer of the State Cosmetology Commission, and shall be kept by the commission to pay its necessary expenses including the paying of any additional assistance required by the commission in perfo…

Any person, firm, partnership, limited liability company, or corporation engaged, or offering to engage, in business as an electrical contractor as defined in § 36-16-2 or any person performing the work as defined in this chapter, shall obtain a license from the State Electrical …