Title 36 — PROFESSIONS AND OCCUPATIONS

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 Repealed by SL 1985, ch 299 , § 7.

36-7-8 Repealed. 36-7-9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 Repealed by SL 1985, ch 299 , § 9.

36-7-10 Practice of optometry without license--Violation. 36-7-11 Requirements for licensure. 36-7-12 Repealed. 36-7-12.1 Pharmacology studies and clinical experience to be completed--Passing grade on pharmacology portion of national board examination to be attained. 36-7-12.2 Cr…

Podiatric medicine is that profession of the health sciences concerned with the diagnosis and treatment of conditions affecting the human foot and their governing and related structures, and the soft tissues inserting into the foot, including the local manifestations of systemic …

The Board of Podiatry Examiners shall promulgate rules, pursuant to chapter 1-26 , to establish an application fee not to exceed five hundred dollars to license podiatrists from other states. The board may issue a license to podiatrists of other states maintaining requirements fo…

All licenses and renewal certificates for the practice of podiatry shall be conspicuously displayed at the office of the practitioner. Source: SDC 1939, § 27.0807; SL 1959, ch 131 , § 8; SL 1998, ch 224 , § 2.

Any licensed podiatrist 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 respe…

A licensee under this chapter shall be designated as a licensed podiatrist and shall not mislead the public as to his professional qualifications. Source: SDC 1939, § 27.0807; SL 1959, ch 131 , § 8.

The fee for annual license renewal of a podiatrist may not exceed five hundred dollars, as promulgated by rule, pursuant to chapter 1-26 , by the Board of Podiatry Examiners. Each license renewal shall remain in full force and effect for one year, unless a different time is fixed…

Every license heretofore or hereafter issued to any person to practice podiatry in this state shall be subject to suspension or revocation by the Board of Podiatry Examiners in the manner and form set forth in §§ 36-8-18 and 36-8-19 upon any of the following grounds: fraud or dec…

Unprofessional or dishonorable conduct as used in this chapter shall be construed to include: (1) To offer, give, or promise, either directly or indirectly, any gift in return for the procurement of a patient or patients for podiatric treatment; (2) To prescribe, dispense, or pre…

Before the Board of Podiatry Examiners shall order any suspension or revocation of a license pursuant to § 36-8-16 , it shall comply with chapter 1-26 . Source: SDC 1939, § 27.0808 as added by SL 1959, ch 131 , § 9; revised pursuant to SL 1972, ch 15 , § 4.

An appeal from the decision of the Board of Podiatry Examiners may be taken as provided by chapter 1-26 . Source: SDC 1939, § 27.0808; SL 1959, ch 131 , § 9; revised pursuant to SL 1972, ch 15 , § 4.

The State Board of Podiatry Examiners shall include four professional members appointed by the Governor, each of whom shall be a resident podiatrist of this state. The term of each shall be three years, commencing on the thirty-first day of October. The appointee's term shall exp…

The membership of the Board of Podiatry Examiners shall include one lay member who is a user of the services regulated by the board. The term lay member who is a user refers to a person who is not licensed by the board but where practical uses the service licensed, and the meanin…

Any podiatrist whose license has been suspended or revoked may be reinstated or have a new license issued if warranted at the discretion of the Board of Podiatry Examiners. The podiatrist shall pay all costs of the proceedings resulting in the suspension or revocation of license …

The Board of Podiatry Examiners is empowered to commence actions for injunction for violation of this chapter or regulations made hereunder as an alternate to criminal proceedings. The commencement of one proceeding by the board constitutes an election. Source: SL 1972, ch 15 , §…

Every two years each person licensed to practice podiatry in this state shall provide the Board of Podiatry Examiners evidence that the person has attended or participated in continuing education in podiatry and related subjects as required by the board by rule. The board shall p…

The State Board of Podiatry Examiners by rule pursuant to chapter 1-26 shall regulate the use of laser or ionizing radiation for the purpose of cutting or otherwise altering human tissue for diagnostic, palliative, or therapeutic purposes within the scope of practice defined by §

The Board of Podiatry Examiners shall elect from its members a president and a secretary-treasurer. The board shall, pursuant to chapter 1-26 , promulgate the rules consistent with the laws of this state as may be necessary for the licensure, examination, revocation, and suspensi…

All money coming into the custody of the Board of Podiatry Examiners each calendar month shall be paid by the board to the state treasurer on or before the tenth day of the next month. The state treasurer shall credit the money to the South Dakota Board of Podiatry Examiners acco…

The Board of Podiatry Examiners 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 by the secret…

It is a Class 2 misdemeanor for any person to advertise or practice podiatric medicine without first obtaining from the Board of Podiatry Examiners a license and an annual license renewal. Source: SDC 1939, § 27.0803; SL 1959, ch 131 , § 4; SL 1977, ch 190 , § 155; SL 2018, ch 22…

This chapter shall not apply to any person otherwise licensed in this state to do any of the acts defined in § 36-8-1 as constituting the practice of podiatry, and shall not include the fitting, recommending, or sale of corrective shoes, arch supports, or medical or mechanical ap…

The board may issue a license to a qualified person who is not licensed as a podiatrist in this state and who is not exempted under the provisions of § 36-8-12 , if the applicant: (1) Is at least eighteen years of age and of good moral character; (2) Possesses a doctor of podiatr…

The Board of Podiatry Examiners shall promulgate rules, pursuant to chapter 1-26 , to establish an application fee not to exceed five hundred dollars to obtain a license for the practice of podiatry in this state. Source: SDC 1939, § 27.0806; SL 1959, ch 131 , § 7; SL 1971, ch 21…

Source: SL 2017, ch 172 , § 13.

Terms as used in this chapter, unless the context otherwise requires, mean: (1) "Advanced comprehensive nursing assessment," collection, analysis, and synthesis of data performed by the certified registered nurse anesthetist used to establish a health status baseline, nursing dia…

The Legislature hereby declares it to be the responsibility of this state to safeguard life, health and the public welfare; and to protect citizens from unauthorized, unqualified and improper application of nursing education programs and nursing practices. Regulatory authority sh…

36-9-11 Removal of board members. 36-9-11.1 Board continued within Department of Health--Records and reports. 36-9-12 Employment of executive director--Qualifications. 36-9-13

The Governor may remove any member from the Board of Nursing for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct. Source: SL 1955, ch 91 , § 3; SDC Supp 1960, § 27.0903 (1); SL 1967, ch 101 , § 3 (1); SL 1979, ch 255 , § 5.

The Board of Nursing is continued within the Department of Health and retains 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 by the secretary of health. The b…

The board may determine the qualifications, and employ in accordance with chapter 3-6D , a person who is not a member of the board to serve as executive director. Source: SL 1955, ch 91 , § 3; SDC Supp 1960, § 27.0903 (3) (1), (4); SL 1967, ch 101 , § 3 (3) (1), (4); SDCL § 36-9-…

36-9-14 Duties and compensation of executive director. 36-9-15 Delegation of activities to executive director. 36-9-16 Employment of other persons by board. 36-9-17 Meetings of board--Election of officers. 36-9-18 Quorum of board. 36-9-19 36-9-19 , 36-9-20. Repealed by SL 1976, c…

The board may, in conformity with chapter 3-6D , define the duties of, and fix the compensation for, the executive director. Source: SL 1955, ch 91 , § 3; SDC Supp 1960, § 27.0903 (3) (m); SL 1967, ch 101 , § 3 (3) (m); SL 1979, ch 255 , § 7; SL 1986, ch 307 , § 15; SL 2016, ch 1…

The board may delegate to the executive director those activities that will expedite the functions of the board. Source: SL 1955, ch 91 , § 3; SDC Supp 1960, § 27.0903 (3) (o); SL 1967, ch 101 , § 3 (3) (o); SL 1979, ch 255 , § 8; SL 1986, ch 307 , § 16; SL 2016, ch 194 , § 12.

The board may employ such other persons as may be necessary to carry on the work of the board. Source: SL 1955, ch 91 , § 3; SDC Supp 1960, § 27.0903 (3) (n); SL 1967, ch 101 , § 3 (3) (n); SL 1979, ch 255 , § 9; SL 1986, ch 307 , § 17.

The board shall meet annually and as often as may be deemed necessary to transact its business. It shall elect from its members a president and a vice - president and may elect a secretary and treasurer. Source: SDC 1939, § 27.0901; SL 1947, ch 123 , § 3; SL 1955, ch 91 , § 3; SD…

A quorum of the board for the purpose of conducting business is a majority of the members appointed. The quorum shall include at least one officer. Source: SL 1947, ch 123 , § 2; SL 1949, ch 109 , § 3; SL 1955, ch 91 , § 3; SDC Supp 1960, § 27.0903 (3); SL 1967, ch 101 , § 3 (3);…

Any person practicing or offering to practice as: (1) A registered nurse; (2) A licensed practical nurse; or (3) An advanced practice registered nurse in this state shall be required to submit evidence to the Board of Nursing that she is qualified to so practice, shall be license…

The board shall promulgate rules pursuant to chapter 1-26 pertaining to: (1) Licensing and licenses; (2) The practice of nursing; (3) Scope of nursing practice; (4) Except as otherwise provided in § 36-9-28 , the delegation of nursing functions to unlicensed assistive personnel u…

All fees received by the board, and money collected under this chapter, shall be deposited in the bank as authorized by the board. However, the board may require any applicant who is taking a nationally administered examination to remit the portion of the licensing fee covering t…

Any balance of fees received by the board after payment of compensation and expenditures shall be held and used by the board only in administering this chapter. Source: SDC 1939, § 27.0902; SL 1947, ch 123 , § 3; SL 1949, ch 109 , § 3; SL 1955, ch 91 , § 7; SDC Supp 1960, § 27.09…

36-9-27

36-9-28 Practices not prohibited by chapter. 36-9-28.1

This chapter does not prohibit: (1) Any nursing assistance in an emergency; (2) The practice of nursing included in a program of study by a student enrolled in an approved prelicensure program for the preparation of registered nurses or licensed practical nurses; (3) The practice…

36-9-29 Board to examine, license, and renew licenses. 36-9-30 Proof of education required--Registered nurse. 36-9-30.1 Qualifications of registered nurse anesthetist. 36-9-31 Examination required for registered nursing license--Issuance of license. 36-9-31.1 Temporary permit for…