Title 36 — PROFESSIONS AND OCCUPATIONS

Source: SL 2004, ch 253 , § 21; SL 2013, ch 183 , § 20; SL 2023, ch 140 , § 10.

Any practitioner subject to this chapter shall practice in accordance with the standards established by the board and is subject to the exercise of the disciplinary sanctions enumerated in § 36-34-23 if, after a hearing in the manner provided in chapter 1-26 , the board finds tha…

The board may, in a disciplinary proceeding, order a practitioner to submit to a reasonable physical or mental examination if the practitioner's physical or mental capacity to practice safely is at issue. Failure to comply with a board order to submit to a physical or mental exam…

The board may impose any of the following sanctions, singly or in combination, if the board finds that a practitioner has violated any part of § 36-34-21 : (1) Revoke a practitioner's certification or license to practice for an indefinite length of time; (2) Suspend a practitione…

The board may summarily suspend a practitioner's recognition, certification, or licensure in advance of a final adjudication or during the appeals process if the board finds that a practitioner would represent a clear and immediate danger to the public health and safety if the pr…

Any practitioner whose recognition, certification, or license to practice has been suspended or revoked may be reinstated or a new recognition, certification, or license may be issued, as the case may be, if in the discretion of the board, such action is warranted. The board may …

In the prosecution of any person for violation of this chapter, it is not necessary to allege or prove lack of valid recognition, certification, or licensure. Proof of recognition, certification, or licensure is a matter of defense to be established by the defendant. Source: SL 2…

Nothing in this chapter may be construed to limit the ongoing recognition, certification, or licensure of any person at the level of recognition, certification, or licensure and for the time period established under the former South Dakota Chemical Dependency Counselor Certificat…

The Governor shall appoint the members to the board for terms of three years which shall begin on the thirty-first day of October. The appointee's term shall expire on October thirtieth in the third year of appointment. Source: SL 2004, ch 253 , § 4; SL 2005, ch 199 , § 77; SL 20…

The Governor may remove any member of the board for cause. If there is a vacancy on the board the Governor shall appoint a new member to serve the unexpired term. No member of the board may serve for more than three successive full terms. The appointment to an unexpired term is n…

The board shall annually elect a president, vice president, and a secretary-treasurer from its members. The board shall meet at least once a year at a place and time determined by the president. However, a majority of the board may call a meeting without the assent of the preside…

The secretary of the board shall provide for taking and keeping the minutes of all board meetings. Source: SL 2004, ch 253 , § 7.

A majority of board members constitutes a quorum. A majority vote of those present constitutes a decision of the entire board. Source: SL 2004, ch 253 , § 8.

The board is within the Department of Social Services. The department shall provide all administrative functions other than those of the board member serving as secretary. The board shall submit an annual report and such records, information, and reports in the form and at such t…

The board may accept any funds which may be made available to it from any source. All funds received by the board shall be paid to the state treasurer weekly or as prescribed by the state treasurer. The state treasurer shall keep the money in a separate account for the board. The…

Terms in this chapter mean: (1) "Board," the Board of Massage Therapy; (2) "Licensee," a person who meets the qualifications for licensure pursuant to this chapter and holds a valid license to practice massage therapy; (3) "Massage," the systematic mobilization of the soft tissue…

Any person who engages in the practice of massage or holds himself or herself out to the public as engaged in the practice of massage without a license issued pursuant to this chapter, or owns, operates or manages a business which knowingly employs or contracts with any unlicense…

36-35-12 Application for license--Qualifications--Appeal of denial. 36-35-12.1 Temporary permit. 36-35-12.2

The board shall issue a license to engage in the practice of massage to any person who submits an application form and the nonrefundable application fee as approved in § 36-35-17 and who demonstrates the following qualifications: (1) Eighteen years of age or older; (2) Completion…

Upon application and payment of an application fee not to exceed seventy-five dollars, the board may issue a temporary permit to practice massage therapy to an applicant who has met the requirements of subdivision 36-35-12(1) to (4), inclusive, pending completion and results of t…

36-35-12.3 Expiration of license. 36-35-13 Unprofessional conduct. 36-35-14

A license issued under this chapter is valid until September thirtieth following the date it is issued and automatically expires unless it is renewed. Source: SL 2013, ch 184 , § 8; SL 2016, ch 197 , § 9.

For the purposes of this chapter, any of the following acts constitute unprofessional conduct: (1) Conviction of or a plea of guilty to any felony, any crime involving or relating to the practice of massage, or any crime involving dishonesty or moral turpitude; (2) Providing the …

36-35-15 Applicants licensed in other states. 36-35-16 Renewal of license. 36-35-17 Application and license fees. 36-35-18 Duplicate license. 36-35-18.1 Inactive status. 36-35-19 Continuing education requirements. 36-35-20 Investigation of complaints--Inspections. 36-35-21 Profes…

Notwithstanding the provisions of § 36-35-12 , the board may issue a license to an applicant licensed to practice massage therapy in another state if the applicant demonstrates the following qualifications: (1) Eighteen years of age or older; (2) Absence of unprofessional conduct…

Any licensee holding a valid license under this chapter may renew that license by making application for renewal, paying the required renewal fee, and providing proof of compliance with the continuing education requirements set by the board. If the board has not received a licens…

Any applicant for a license under this chapter shall submit a nonrefundable application fee not to exceed one hundred dollars. Any person who has a license issued or renewed by the board shall submit a license fee in an amount not to exceed sixty-five dollars. Fees shall be set b…

The board may issue a duplicate license to a licensee upon request. Source: SL 2005, ch 206 , § 18; SL 2008, ch 191 , § 77; SL 2013, ch 184 , § 12.

The board may place a massage therapy license on inactive status upon submission of an application and payment of the application fee. Source: SL 2007, ch 223 , § 5; SL 2016, ch 197 , § 14.

Any person licensed under this chapter shall complete eight hours of continuing education relating to competence in the practice of massage on a biennial basis of a type and from a facility or instructor approved by the board. The required continuing education hours may be obtain…

The board consists of five members appointed by the Governor. The term of a board member is three years. One member of the board shall be a person not licensed by the board. Four members of the board shall be persons licensed by the board. The Governor shall fill any vacancy by a…

The board shall receive and investigate any complaint filed with the board alleging a violation of this chapter pursuant to the procedures set forth in chapter 36-1C. The board may inspect the place of business of the licensee named in a complaint during normal business hours or …

Any person holding a valid license under this chapter and engaged in the practice of massage therapy shall carry malpractice or professional liability insurance coverage with a company with a certificate of authority from the South Dakota Division of Insurance with limits of no l…

The board may cancel, suspend, or revoke a license following a contested case hearing in compliance with chapter 1-26 upon satisfactory proof of incompetence, unprofessional conduct, or a violation of any provision of this chapter. The board may waive the requirement of prior not…

Any person whose license has been cancelled, suspended, or revoked by the board may not reapply for a license until one year after it was cancelled, suspended, or revoked unless a different time has been set by the board. Source: SL 2005, ch 206 , § 23.

The board may promulgate rules pursuant to chapter 1-26 to establish: (1) The form and information required for any license application; (2) A list of recognized facilities or instructors who may provide training or instruction required for licensure or continuing education requi…

The provisions of this chapter do not apply to any person performing massage for compensation if the massage is done under one of the following circumstances: (1) As part of a licensed practice as a physician, physician assistant, chiropractor, nurse, physical therapist, athletic…

Any member of the board may resign by giving written notice to the board and to the Governor. Resignations are effective when delivered to the Governor and the board. Source: SL 2005, ch 206 , § 3.

The board shall annually elect from its members a president, vice-president, and secretary. Source: SL 2005, ch 206 , § 4; SL 2016, ch 197 , § 3.

The board shall hold at least two meetings per year at a place and time set by the board. The board may hold additional meetings at a time and place set by the president or a majority of the board. Source: SL 2005, ch 206 , § 5; SL 2016, ch 197 , § 4.

Three board members present at any meeting constitute a quorum. No board action may occur unless approved by a majority vote of the entire board. Source: SL 2005, ch 206 , § 6.

The board may: (1) Administer, coordinate, and enforce the provisions of this chapter; (2) Evaluate the qualifications of applicants for licensure and permits and issue and renew licenses and permits; (3) Maintain the names of persons that meet the qualifications for licensure; (…

Board members shall receive a per diem set pursuant to § 4-7-10.4 and expenses at the same rate as other state employees while actually engaged in official duties. Source: SL 2005, ch 206 , § 7.

Any person engaged in the practice of massage in this state shall conspicuously display a valid license from the board in the licensee's regular place of business. If the licensee is providing massage therapy outside of the licensee's regular place of business, the licensee shall…

Any fees collected under this chapter shall be used for the operation of the board and the implementation of this chapter. Source: SL 2005, ch 206 , § 9; SL 2013, ch 184 , § 2.

Terms used in this chapter mean: (1) "ABGC," the American Board of Genetic Counseling; (2) "ABMGG," the American Board of Medical Genetics and Genomics; (3) "ACGC," the Accreditation Council for Genetic Counseling; (4) "Board," The South Dakota Board of Medical and Osteopathic Ex…

Any licensee practicing pursuant to the authority of a temporary license shall practice under the supervision of a licensed genetic counselor or a physician approved by the board with current ABMGG certification in clinical genetics. Source: SL 2009, ch 194 , § 10; SL 2016, ch 19…

Each license issued pursuant to this chapter shall be renewed annually on a date set by the board. The board shall renew a license upon payment of the renewal fee, submission of a renewal application in a form approved by the board, and evidence satisfactory to the board of the a…

The board shall promulgate rules pursuant to chapter 1-26 pertaining to fees, licensure, investigations, and continuing education. Source: SL 2009, ch 194 , § 12; SL 2016, ch 198 , § 9; SL 2021, ch 168 , § 46.

The board may cancel, revoke, suspend, or limit the license of any genetic counselor issued pursuant to this chapter upon satisfactory proof by a preponderance of the evidence, in compliance with chapter 1-26 , of such licensee's professional incompetence, or unprofessional or di…