Title 36, PROFESSIONS AND OCCUPATIONS

The board may investigate and take appropriate action if it comes to the attention of the board that a licensee may have violated a provision of this chapter or a rule promulgated pursuant to this chapter. The board may revoke or suspend a license of any licensee violating any pr…

Any fee collected under the provisions of this chapter shall be paid to the board, who shall keep the fee in a fund, which may be used and expended by the board to pay the compensation and travel expenses, pursuant to § 3-9-2 , of members and employees of the board and other expe…

If any provisions of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this en…

Vacancies on the board shall be filled by the Governor for the balance of any unexpired term from persons qualified under the provisions of this chapter. Appointive members of the board may be removed by the Governor for cause after due notice and hearing. Source: SL 1969, ch 113…

The board shall annually elect from its membership a president, vice president, and secretary-treasurer, and shall adopt rules pursuant to chapter 1-26 to govern its proceedings. No officer may serve more than three consecutive one-year terms. The board may expend funds for admin…

The board shall meet at least annually. A majority of the members constitute a quorum. A majority vote of those present constitutes a decision of the entire board. Source: SL 2014, ch 186 , § 4.

The Board of Nursing Facility Administrators shall continue within the Department of Health, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required …

The board, its members, and its agents are immune from personal liability for actions taken in good faith in the discharge of the board's responsibilities, and the state shall hold the board, its members, and its agents harmless from all costs, damages, and attorney fees arising …

It is a Class 1 misdemeanor for any person to act or serve in the capacity of a nursing facility administrator unless he is the holder of a license issued in accordance with the provisions of this chapter. Source: SL 1969, ch 113 , § 15; SDCL Supp, § 34-12A-5; SL 1977, ch 190 , §…

The board may commence an action for an injunction for a violation of this chapter or regulation promulgated pursuant to this chapter. Source: SDCL Supp, § 34-12A-5.1, created as new section to carry out directions to the Code Commission contained in SL 1972, ch 15 , § 4; SL 2014…

Notwithstanding the provisions of § 36-28-12 , nothing in this chapter or the rules thereunder shall be construed to require an applicant for a license as a nursing facility administrator or a temporary license, who is certified by a recognized church or religious denomination wh…

The board shall adopt rules pursuant to chapter 1-26 to determine the qualifications and competence of any person to serve as an administrator of a nursing facility under the provisions of this chapter. The holder of a license under the provisions of this chapter may serve as the…

Terms used in this chapter mean: (1) "Athletic trainer," a health care professional who is licensed by the board to practice athletic training; and (2) "Board," the State Board of Medical and Osteopathic Examiners. Source: SL 1984, ch 255 , § 1; SL 2024, ch 162 , § 1.

The practice of athletic training is the care, treatment, and prevention, under the direction of and under guidelines established by a physician licensed pursuant to chapter 36-4 , of athletic injuries, illnesses, or conditions: (1) That are related to, or that limit participatio…

A license issued by the board pursuant to this chapter expires on December thirty-first of the first year following its issuance. A license may be renewed upon: (1) Payment of the renewal fee set by the board; and (2) Submission of evidence, satisfactory to the board, that the at…

In order to renew a license, an athletic trainer must: (1) Complete the amount of continuing education hours required by the board in rules promulgated pursuant to chapter 1-26 , but which may not exceed twenty-five; or (2) Have current certification from the Board of Certificati…

The board may renew an expired license if the individual submits a written application and pays the renewal fee for the current term. The board may establish additional continuing education requirements for late license renewals. The board may not renew an expired license under t…

The board shall promulgate rules, pursuant to chapter 1-26 , to: (1) Set standards for the professional practice of athletic trainers; (2) Establish a code of ethics for athletic trainers; and (3) Establish other rules as may be reasonably necessary for the administration of this…

The board may revoke, suspend, or cancel the license of an athletic trainer upon any one of these grounds: (1) The athletic trainer is guilty of fraud in the practice of athletic training or fraud or deceit in the athletic trainer's admission to the practice of athletic training;…

The proceedings for cancellation, revocation, or suspension of a license may be initiated when the Board of Medical and Osteopathic Examiners has written information that any person may have been guilty of any misconduct pursuant to § 36-29-18 or is guilty of incompetence or unpr…

It is a Class 2 misdemeanor for any individual to practice or attempt to practice athletic training without first obtaining a license pursuant to this chapter. Nothing in this chapter may be construed to prevent or restrict the: (1) Activities of a student pursuing a supervised c…

A majority of the members of the board must be present at proceedings relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license that has been canceled, revoked, or suspended. A decision of the board to suspend, revoke, cancel, or rei…

All proceedings relative to the cancellation, revocation, or suspension of a license shall conform to the procedure set forth in chapter 1-26 . Source: SL 1984, ch 255 , § 21.

In addition to the duties set forth elsewhere in this chapter, the Board of Medical and Osteopathic Examiners 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 act…

The Board of Medical and Osteopathic Examiners 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 of…

If it appears, from evidence satisfactory to the board, that an individual has violated the provisions of this chapter, or that an athletic trainer has committed unprofessional or dishonorable conduct or is incompetent, the board may apply for an injunction in any court of compet…

Any person who violates any of the provisions of this chapter is guilty of a Class 2 misdemeanor. Source: SL 1984, ch 255 , § 28.

The board shall issue a license to practice athletic training to an individual who: (1) Submits an application prescribed by the board; (2) Submits an application fee in an amount established by the board; and (3) Presents evidence satisfactory to the board that: (a) The individu…

The board shall implement procedures for the completion of a state and federal fingerprint-based criminal background check for an athletic trainer seeking to participate in the athletic trainer compact adopted by § 36-29A-1 . The athletic trainer must pay for the cost of fingerpr…

Nothing in this chapter may be construed to authorize the practice of medicine by any person. The provisions of this chapter do not apply to any person licensed pursuant to chapters 36-4 to 36-10 , inclusive, while practicing pursuant to that license. Source: SL 1984, ch 255 , § …

The board shall promulgate rules, pursuant to chapter 1-26 , to set: (1) Application fees, not to exceed one hundred dollars; and (2) Licensure renewal fees, not to exceed fifty dollars. Source: SL 1984, ch 255 , § 6; SL 2024, ch 162 , § 5.

The board shall appoint an athletic training council composed of three athletic trainers who are residents of this state and who are licensed to practice athletic training in accordance with this chapter. The term of office for each member is three years. No member may serve more…

ATHLETIC TRAINER COMPACT SECTION 1. TITLE AND PURPOSE This statute shall be known and cited as the Athletic Trainer Compact. The purposes of this compact are to expand the mobility of Athletic Training practice and improve public access to services by providing qualified Licensed…

Terms as used in this chapter and § 23-3-35 mean: (1) "Polygraph," an instrument which records permanently and simultaneously a subject's cardiovascular and respiratory patterns or other physiological changes pertinent to the detection of deception; (2) "Polygraph examiner," a pe…

No person may question individuals using a polygraph for the purpose of detecting deception unless the person is a licensed polygraph examiner. A violation of this section is a Class 2 misdemeanor. Source: SL 1984, ch 174 , § 3.

A person may receive a license as a polygraph examiner, which is valid for three years if the person: (1) Establishes that he or she is a person of good moral character; (2) Has satisfactorily completed at least six weeks of study in the use of a polygraph in detection of decepti…

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…

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.

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…

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…

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…

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…

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…

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…

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.

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.