Title 36 — PROFESSIONS AND OCCUPATIONS

All money coming into the custody of the Board of Examiners of Psychologists each calendar month shall be paid to the state treasurer on or before the tenth day of the next month. The state treasurer shall keep the money in a separate account for the South Dakota Board of Examine…

The confidential relations and communications between a licensed psychologist and a person consulting him in his professional capacity are confidential. Nothing in this chapter may be construed as to require those privileged communications to be disclosed; nor may a psychologist'…

The members of the Board of Examiners of Psychologists, and those acting in the name of the board, when carrying out their duties under this chapter, and those testifying before the board in good faith, may not be held personally liable and the board may insure itself against lia…

There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a duly appointed committee of the Board of Examiners of Psychologists created pursuant to § 36-27A-3 or of a state professional society, comprised of psychol…

Initial appointments to the Board of Examiners of Psychologists shall be for terms of one, two, and three years, respectively, with one member appointed for one year, two members appointed for two years and two members appointed for three years. Thereafter, appointments shall be …

The Governor may remove a member of the Board of Examiners of Psychologists for cause. If there is a vacancy on the board caused by the death, resignation, or removal from the state of a member or for any other reason, the Governor shall appoint a new member to serve the unexpire…

The board shall elect officers annually. The board shall meet at least once a year at a place and time determined by the president of the board. The board secretary is responsible for taking and keeping the minutes of all board meetings. Source: SL 1976, ch 235 , § 9; SDCL Supp, …

The Board of Examiners of Psychologists is within the Department of Social Services and shall exercise all its prescribed functions. The department shall provide all administrative functions other than those of the board member serving as secretary. The expenses of the department…

PSYCHOLOGY INTERJURISDICTIONAL COMPACT (PSYPACT) ARTICLE I PURPOSE Whereas, states license psychologists, in order to protect the public through verification of education, training and experience and ensure accountability for professional practice; and Whereas, this Compact is in…

Terms used in this chapter mean: (1) "Board," the South Dakota Board of Nursing Facility Administrators; (2) "Nursing facility," any institution or facility defined as such for licensing purposes under South Dakota law or pursuant to the rules for nursing facilities and homes for…

The board shall adopt rules pursuant to chapter 1-26 to develop, impose, and enforce standards which shall be met by persons in order to receive a license as a nursing facility administrator. The standards shall ensure that nursing facility administrators are persons who, by trai…

The board may develop and apply appropriate techniques, including examination and investigation, for determining whether an individual meets the requirements of §

The board may issue a license to a qualified person and may establish qualification criteria pursuant to chapter 1-26 . No license may be issued to a person as a nursing facility administrator unless the applicant: (1) Is at least eighteen years of age, of good moral character, a…

Each applicant for licensure as a nursing facility administrator 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 may issue an emergency permit to practice as a nursing facility administrator for a period not to exceed one year to a qualified person filing a written application with the board. The board may adopt rules pursuant to chapter 1-26 regarding application procedures, rene…

The board may issue a nursing facility administrator license to any person who holds a current license as a nursing facility administrator or equivalent license from another jurisdiction, if the board finds that the standards for licensure in such other jurisdiction are at least …

Any person applying to be licensed as a nursing facility administrator shall pay a nonrefundable initial license fee in an amount set by rule promulgated by the board pursuant to chapter 1-26 , which may not exceed five hundred dollars. The initial license fee shall be prorated t…

The board may license nursing facility administrators in accordance with this chapter and rules promulgated by the board pursuant to chapter 1-26 . A nursing facility administrator license is not transferable and is valid until surrendered for cancellation or suspended or revoked…

Each nursing facility administrator license expires on December thirty-first of even-numbered years and is renewable biennially thereafter upon application to the board and payment of a renewal fee set in rule promulgated by the board pursuant to chapter 1-26 . The renewal fee ma…

The board may issue a duplicate license and may promulgate rules pursuant to chapter 1-26 and set a fee, which may not exceed one hundred dollars. Source: SL 1986, ch 302 , § 109; SL 2000, ch 199 , § 5; SL 2008, ch 191 , § 68; SL 2014, ch 186 , § 15.

A licensed nursing facility administrator may file for inactive status and pay a fee of not more than three hundred dollars. The administrator may reactivate the license within five years of the date of inactivation by completing an application, paying the required fee, completin…

The board consists of five members. The members of the board shall be appointed by the Governor and shall include four members who are licensed nursing facility administrators who are actively practicing in South Dakota and one member of the general public who is not an administr…

The board may promulgate rules pursuant to chapter 1-26 to establish continuing education requirements for renewal of a license. Source: SL 1986, ch 302 , § 110; SL 2014, ch 186 , § 20. 36-28-22. Repealed by SL 2014, ch 186 , § 21.

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…

Source: SL 1984, ch 255 , § 10; SL 2024, ch 162 , § 18.

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…

Source: SL 1984, ch 255 , § 12; SL 2024, ch 162 , § 19.

Source: SL 1984, ch 255 , § 13; SL 2024, ch 162 , § 20.

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…

36-29-17 Promulgation of rules--Practice standards, ethics, administration. 36-29-18 Grounds for license revocation, suspension, or cancellation. 36-29-19 Initiation of proceedings to cancel, suspend, or revoke license. 36-29-20 Board majority to cancel, suspend, revoke, or reiss…

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.