Title 36, PROFESSIONS AND OCCUPATIONS

All registered veterinarians licensed pursuant to this chapter shall complete annual courses of study in subjects related to the practice of veterinary medicine. The Board of Veterinary Medical Examiners may, however, waive the continuing education requirement in the case of a ce…

The length of study required by § 36-12-19.1 may be prescribed by the Board of Veterinary Medical Examiners pursuant to § 36-12-19.1 but may not exceed twenty - four hours in any calendar year. Attendance at any course of study is to be certified by the board upon a form provided…

The following persons shall not be considered to be engaging in the practice of veterinary medicine in this state: (1) Those who administer to livestock, title of which rests in himself, or in his regular employer, or free service in any case; (2) Those who conduct experimentatio…

Failure of a person licensed by the Board of Veterinary Medical Examiners to secure a certificate of registration shall constitute a forfeiture of a license held by such person. However, any person who has forfeited his license for a period of less than four years may have the li…

No person shall practice veterinary medicine in the State of South Dakota without possessing and displaying prominently in his or her principal office a license and a current and valid certificate of registration issued pursuant to the provisions of this chapter. Source: SDC 1939…

Any veterinarian licensed to practice veterinary medicine in the State of South Dakota may use the services of one or more registered veterinary technicians. Veterinary technicians provided for in this section before being employed by a licensed veterinarian shall be registered b…

Veterinary technicians provided for in § 36-12-21.1 shall possess qualifications as provided in rules promulgated pursuant to chapter 1-26 by the South Dakota State Board of Veterinary Medical Examiners. In addition to specifying the initial qualification requirements, the rules …

An application for registry of a veterinary technician shall be filed with the board by the licensed veterinarian under whom the technician will practice. The application for registry shall set out the qualifications of the technician required by the rules of the board and the ap…

The board shall issue a registration certificate for each veterinary technician registered with the board. The certificate shall state the name of the licensed veterinarian by whom such technician is employed and the year of registration. The registration certificate shall be pos…

The registration certificate of a veterinary technician shall be renewed each year by procuring a renewal certificate from the board on or before the first day of July of each year. The fee for renewal of the certificate shall be set by the board, by rule, promulgated pursuant to…

A veterinary technician may only work under the direction or supervision of the licensed veterinarian or veterinarians by whom the technician is employed. The State Board of Veterinary Medical Examiners shall promulgate rules pursuant to chapter 1-26 to define the terms direction…

A veterinary technician registered under §§ 36-12-21.3 and 36-12-21.4 may not maintain or operate any office separate from the office of the licensed veterinarian by whom the technician is employed. Source: SL 1973, ch 245 , § 6; SL 1993, ch 280 , § 8; SL 2008, ch 194 , § 4.

The licensed veterinarian by whom a registered veterinary technician is employed is responsible for the acts of the technician, and nothing in this chapter relieves the employer of the ordinary duties and responsibilities of the acts or conduct of the employee. Source: SL 1973, c…

The State Board of Veterinary Medical Examiners may, in compliance with chapter 1-26 , either refuse to issue a license or refuse to issue a certificate of registration or suspend or revoke a license and certificate of registration upon any of the following grounds: (1) Fraud or …

The registration of any veterinary technician may be revoked for any cause set out in § 36-12-22 providing for revocation of the license of a veterinarian or for violation of any provisions of §§ 36-12-21.1 to 36-12-21.8 , inclusive, or the rules of the board, and such revocation…

Any person may prefer charges as set forth in § 36-12-22 by filing with the Board of Veterinary Medical Examiners in writing a sworn statement setting forth the specific charges upon which complaint is made. Source: SL 1961, ch 201 , § 13; revised pursuant to SL 1972, ch 15 , §§ …

All proceedings relative to the revocation or suspension of a license, or relative to reissuing a license which has been revoked shall only be held when a majority of the members of the Board of Veterinary Medical Examiners are present at such hearings. Such proceedings shall be …

Any person whose license has been revoked by the Board of Veterinary Medical Examiners is entitled to judicial review as provided by chapter 1-26 . Source: SL 1961, ch 201 , § 13; revised pursuant to SL 1972, ch 15 , § 4.

Any person whose license has been revoked may apply to the Board of Veterinary Medical Examiners for reinstatement and relicense, and if the board is satisfied that such conduct will be discontinued may reissue a license to such person. Source: SL 1961, ch 201 , § 13.

Any person engaging in the practice of veterinary medicine for which a license and registration certificate is required without such license or registration certificate, or without a temporary permit to do so, is guilty of a Class 2 misdemeanor. Source: SDC 1939, §§ 40.0202, 40.9…

Any citizen of this state may bring an action in circuit court for an injunction to restrain anyone practicing veterinary medicine without a license and registration certificate as required by this chapter. The Board of Veterinary Medical Examiners may bring action for such injun…

If any section, subsection, sentence, or word of this chapter shall be determined by a court of competent jurisdiction to be unconstitutional or inoperative, it shall not affect the remaining portions of this chapter. Source: SL 1961, ch 201 , § 21.

The Governor shall appoint a State Board of Veterinary Medical Examiners which shall include three veterinarians. Each veterinarian shall be a graduate from a college authorized by law to confer degrees of veterinary medicine with educational standards equal to those approved by …

Except as provided by § 36-12-5.1 , no one shall be eligible for appointment to the State Board of Veterinary Medical Examiners who has not actively engaged in the practice of veterinary medicine in the State of South Dakota for a period of five years immediately prior to his app…

The membership of the Board of Veterinary Medical 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 Governor shall remove any member of the Board of Veterinary Examiners upon proper showing of neglect of duty or for corrupt conduct in office or any other misfeasance or malfeasance in office. Source: SL 1961, ch 201 , § 3; SL 2005, ch 199 , § 38.

If any vacancy occurs among the veterinarians on the State Board of Veterinary Medical Examiners due to resignation, death, removal from the state, or suspension as provided in this chapter, or for any other reason, the Governor shall fill such vacancy from the roster of licensed…

The State Board of Veterinary Medical Examiners shall by rule provide for an annual meeting. At such meeting the board shall elect a president, vice - president, and secretary, who shall have the duties hereinafter set forth in this chapter. Source: SL 1961, ch 201 , §§ 5, 15; SL…

The Board of Veterinary Medical Examiners may employ an executive secretary who shall have such duties as may be provided by resolution of the Board of Examiners. The board may expend the necessary funds for an office, furniture, fixtures, supplies, and administrative services. T…

A quorum of the Board of Veterinary Medical Examiners shall consist of three members and such quorum shall be sufficient to conduct the proceedings of the board set forth in this chapter. Source: SL 1961, ch 201 , § 5; SL 1975, ch 237 , § 2.

The Board of Veterinary Medical Examiners shall continue within the Department of Agriculture and Natural Resources, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at…

The board shall be composed of five members appointed by the Governor. Four members of the board shall be abstracters who have been qualified to do the business of abstracting under § 36-13-8 for five years prior to the date of their appointment. The members may not be all of the…

The membership of the board 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, if practical, uses the service licensed. The term shall be liberally constru…

Terms used in this chapter mean: (1) "Abstract," a compilation in orderly arrangement of the materials and facts of record affecting the title to a specific parcel of land, issued under a certificate certifying to the matters contained in such compilation; (2) "Abstracter," any p…

The term, chain of title, means all documents of conveyance given in a continuous succession of title: (1) With respect to unplatted lands, the smaller of: (a) Each quarter section of land; or (b) If a patent was issued for a portion of quarter section of land, then that portion …

Any person engaging in or continuing the business of abstracting of titles to property within the state shall have a title plant, which shall include a set of abstract books or set of indexes or other records showing in a sufficiently comprehensive form, all instruments affecting…

A person may obtain a certificate of registration under this chapter upon the successful completion of an examination. The person shall apply to the board and pay to its secretary-treasurer an examination fee in an amount set by the board by rules promulgated pursuant to chapter …

Each applicant for a certificate of registration 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 shall submit comple…

At the time and place fixed pursuant to § 36-13-11 , the board shall proceed to examine the applicant under such rules as the board may promulgate with reference to the laws of this state affecting titles of property, the recording laws, and the common practices, proceedings, and…

The board may require separate applications and examinations and fees for any abstracter who applies for registration in more than one county. A certificate of registration shall qualify the holder for abstracting only in the county to which it relates. Source: SDC 1939, § 1.0105…

Before the board may issue a certificate of registration, the applicant shall file with the board a bond to be approved by it running to the State of South Dakota in the penal sum of twenty-five thousand dollars for counties with a population of fifteen thousand or less and fifty…

If a personal surety bond is given under § 36-13-15 , there shall be at least three sureties, each of whom shall justify for the full amount of the bond as a resident and freeholder of this state having unencumbered property in excess of all debts, liabilities, and exemptions all…

The original bond required by § 36-13-15 shall be filed and registered by and remain in the office of the secretary-treasurer of the board as a public file and record. The secretary-treasurer shall file a certified copy of each bond filed and registered pursuant to this section i…

The board may at any time require any abstracter holding a certificate under the provisions of this chapter, upon thirty days' notice, to furnish such additional bonds as the board deems proper to meet the requirements of this chapter, and, in proceedings under chapter 1-26 , to …

Any person damaged by or on account of any error, deficiency, or mistake in any abstract or certificate of title or continuation thereof, whether or not the original purchaser, owner, or holder of the abstract, may maintain an action upon the bond required by § 36-13-15 in the pe…

The board shall organize by the election of a president and secretary-treasurer from its members. The secretary-treasurer shall furnish a bond in the sum of not less than fifteen thousand dollars. Source: SDC 1939, § 1.0102; SL 2008, ch 195 , § 5.