Title 36 — PROFESSIONS AND OCCUPATIONS

Persons licensed under this title, while practicing within the limits of their licensure, are not prohibited from doing so by this chapter. Source: SL 1955, ch 96 , § 10; SDC Supp 1960, § 27.9956; SDCL, § 36-10-3; SL 1972, ch 205 , § 25; SL 2023, ch 136 , § 10.

Persons holding licenses to practice physical therapy in South Dakota on July 1, 1972 shall be deemed licensed under this chapter, and entitled to renew the same. Source: SL 1972, ch 205 , § 11.

A person seeking licensure to practice physical therapy in this state shall: (1) File an application with the State Board of Physical Therapy; (2) Submit an application fee in an amount established by the board, in rule pursuant to chapter 1-26 , but not exceeding three hundred d…

In addition to the requirements in §§ 36-10-27 and 36-10-35.1 , an applicant for licensure shall submit to the State Board of Physical Therapy a full set of the applicant’s fingerprints in a form and manner prescribed by the board. The board shall deliver the fingerprints to the …

36-10-29 Issuance of license. 36-10-30 Licensure without examination--Requirements. 36-10-31 Licensure by reciprocity--Authorization. 36-10-32 Licensure by reciprocity--Application--Fee--Promulgation of rules. 36-10-33 Licensure expiration--Renewal--Fee--Promulgation of rules--Fo…

The State Board of Physical Therapy shall issue a license to each applicant who meets the requirements for licensure under this chapter and rules promulgated by the board. Source: SL 1955, ch 96 , § 7; SDC Supp 1960, § 27.09A07; SDCL § 36-10-11; SL 1972, ch 205 , § 4; SL 2017, ch…

The State Board of Physical Therapy may, without examination, issue a license to any applicant who: (1) Is registered by the Federation of State Boards of Physical Therapy; or (2) Has passed a national examination recognized by the board, with a grade acceptable to the board, and…

The State Board of Physical Therapy may, without examination, issue a license to any applicant who holds a license or certificate issued by a board empowered by law to issue a license to practice physical therapy in the District of Columbia or any state or territory in the United…

A person seeking licensure by reciprocity shall: (1) Apply to the State Board of Physical Therapy, using a form provided by the board; (2) Provide the evidence required by this chapter and rules of the board; and (3) Submit an application fee, in an amount established by the boar…

A license issued by the State Board of Physical Therapy, pursuant to this chapter, expires on January first of the second year following its issuance. A license may be renewed upon payment of a fee, in an amount established by the board, in rule pursuant to chapter 1-26 , but not…

36-10-35

36-10-35.1 Physical therapist assistant--Licensure--Fee--Promulgation of rules. 36-10-35.2 Physical therapist assistant--Licensure expiration and renewal. 36-10-35.3

A person seeking licensure as a physical therapist assistant shall: (1) File an application with the State Board of Physical Therapy; (2) Submit an application fee in an amount established by the board, in rule pursuant to chapter 1-26 , but not exceeding three hundred dollars; (…

The State Board of Physical Therapy shall issue a physical therapist assistant license to a person who meets the requirements set forth in §

36-10-35.4 36-10-35.4 to 36-10-35.6. Repealed by SL 1996, ch 231 , §§ 11 to 13. 36-10-35.7 Approved tasks for physical therapist assistant--Exclusions. 36-10-35.8 Physical therapist assistant--Supervision--Limits, delegation. 36-10-35.9 Physical therapist assistant--Supervision--…

A physical therapist assistant may perform, under the direction and supervision of a physical therapist, selected physical therapy procedures and related tasks. The following physical therapy services, however, shall only be performed by a physical therapist: (1) Interpretation o…

A physical therapist may not, at any one time, supervise more than the equivalent of two full-time physical therapist assistants. The supervising physical therapist may delegate responsibility for the supervision of a physical therapist assistant to another physical therapist. So…

When supervising a physical therapist assistant's care of a patient in any setting, the supervising physical therapist shall comply with the following standards of supervision: (1) Before assigning the physical therapist assistant to the patient for physical therapy procedures an…

The State Board of Physical Therapy shall promulgate rules, pursuant to chapter 1-26 , pertaining to licensure, fees, discipline, supervision, and the continuing education of physical therapists and physical therapist assistants. Source: SL 1955, ch 96 , § 13; SDC Supp 1960, § 27…

Source: SL 1972, ch 205 , § 13; revised pursuant to SL 1972, ch 15 , § 4; SL 2020, ch 157 , § 5.

The State Board of Physical Therapy may, in compliance with chapter 1-26 , refuse to grant a license under this chapter for unprofessional, immoral, or dishonorable conduct on the part of the applicant. Source: SL 1955, ch 96 , § 9; SDC Supp 1960, § 27.09A09; SDCL § 36-10-14; SL …

The State Board of Physical Therapy may cancel, revoke, or suspend the license of any physical therapist or physical therapist assistant, issued under this chapter, upon satisfactory evidence of the licensee's incompetence, unprofessional or dishonorable conduct, or violation of …

The term, unprofessional or dishonorable conduct, includes: (1) Employing what is known as cappers or steerers; (2) Willfully betraying a professional confidence; (3) All advertising of physical therapy business, in which untruthful or improbable statements are made, or which are…

The State Board of Physical Therapy may initiate proceedings for the cancellation, revocation, or suspension of a license if the board has information that a person may be guilty of incompetence, or unprofessional or dishonorable conduct as provided in §

36-10-43 Action on license--Quorum requirement. 36-10-44 Procedure on cancellation, revocation or suspension. 36-10-45 Action on license--Vote requirement. 36-10-46 Appeal from decision of board. 36-10-47 Licensure reinstatement. 36-10-48 Injunction--Election of remedy. 36-10-49 …

All proceedings relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license that has been revoked or suspended may be held only when a majority of the State Board of Physical Therapy is present. Source: SL 1972, ch 205 , § 21; SL 2023,…

All proceedings relative to the cancellation, revocation, or suspension of a license shall otherwise conform to the procedure set forth in chapter 1-26 . Source: SL 1972, ch 205 , § 20; revised pursuant to SL 1972, ch 15 , § 4.

A decision of the State Board of Physical Therapy to suspend, revoke, or cancel a license requires a majority vote of the board members. Source: SL 1972, ch 205 , § 22; SL 2023, ch 136 , § 27.

Any party feeling aggrieved by any acts, rulings, or decisions of the State Board of Physical Therapy, relating to the refusal to grant a license or to the cancellation, revocation, or suspension of a license may appeal the decision, pursuant to chapter 1-26 . Source: SL 1972, ch…

Upon written application establishing compliance with licensing requirements and for reasons the State Board of Physical Therapy deems sufficient, the board may, under such conditions as it may impose, reinstate or reissue a license to any person whose license has been suspended …

Any person violating this chapter may be enjoined from further violations at the suit of the state's attorney of the county in which the violations occurred, or suit may be brought by any resident of this state. An action for injunction is an alternative to criminal proceedings, …

The State Board of Physical Therapy 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 violation to the proper law enforcement offici…

Any person licensed as a physical therapist assistant on July 1, 1996, is deemed licensed under this chapter and is entitled to renew licensure. Source: SL 1996, ch 231 , § 8; SL 2017, ch 173 , § 16.

In order to renew a license, a person shall submit evidence, satisfactory to the State Board of Physical Therapy, indicating compliance with the continuing education requirements established by the board. The board may waive the continuing education requirements if the applicant …

A physical therapist may perform dry needling, if the physical therapist has acquired the knowledge and skills required for the competent performance of dry needling by successfully completing a course of study in dry needling approved by the State Board of Physical Therapy, purs…

The State Board of Physical Therapy licensure fund is created in the state treasury. Any money received by the board under this chapter must be deposited in the fund. Money in the fund is continuously appropriated to the State Board of Physical Therapy for use in administering §§…

Terms used in this chapter mean: (1) "Accredited college or university," a college or university accredited by the United States regional accrediting agencies recognized by the Council on Postsecondary Accreditation and the United States Department of Education; (2) "Board," the …

The board may grant a temporary permit to any applicant who has completed the education and experience requirements of this chapter. The temporary permit confers all the privileges of a license to practice dietetics or nutrition. The temporary permit is nonrenewable and expires o…

The board may issue a license to an applicant who is licensed as a dietitian or nutritionist in another state or territory of the United States if, the standards for licensure in that state are not less stringent than the requirements set forth in this chapter. Source: SL 1996, c…

For one year beginning on July 1, 1996, the board shall waive the examination requirement and grant a nutritionist license to any person who meets the following requirements: (1) Is a dietitian registered with the commission; or (2) Meets the educational requirements specified in…

The board may refuse to renew or grant a license or suspend, revoke, or restrict the license of a person, if under the procedures of chapter 1-26 the board determines the applicant: (1) Is engaged in nutrition or dietetic practice in a manner harmful or dangerous to a client or t…

At the request of the applicant, the board shall review the suspension, revocation, or restriction of a license against whom the disciplinary action was taken. The board may grant a license previously refused, restore a license that has been revoked, or reduce a period of suspens…

This chapter does not prohibit: (1) A dietetic student enrolled in an approved academic program in nutrition and dietetics from engaging in the practice of nutrition and dietetics under the supervision of a licensed nutritionist if the person clearly uses the appropriate student …

The board shall implement procedures for the completion of a state and federal fingerprint-based criminal background check for a dietitian seeking to participate in the dietitian licensure compact adopted by §

Except as provided in § 36-10B-15 , no person may practice nutrition and dietetics or provide nutrition care services unless licensed or otherwise authorized to practice under this chapter. No person may practice as a licensed nutritionist, use the title nutritionist, dietitian, …

The board may: (1) Examine qualified applicants for a license to practice nutrition and dietetics, issue licenses to applicants who meet the requirements established by this chapter, and renew licenses as recommended by the nutrition and dietetics council; and (2) Adopt rules pur…

The board shall appoint a nutrition and dietetics council composed of five members. Each member must be a registered dietitian or licensed nutritionist. The term of office for each member is three years. No member may be appointed to more than three consecutive, full terms. If a …

A practice in nutrition or dietetics involves the integration and application of scientific principles of food, nutrition, biochemistry, physiology, management, and behavioral and social science to achieve and maintain the health of people. The primary function of a nutrition and…

The board shall recognize two educational tracks as equivalent qualifications required to obtain licensure. (1) Dietetics. The board shall issue a license as a nutritionist to an applicant who files a completed application, pays all required fees, and provides satisfactory eviden…

Any person requesting a license under this chapter shall apply to the board through a written application process as promulgated by rules pursuant to chapter 1-26 . The application shall be accompanied by an application fee in an amount determined by the board by rules promulgate…