Title 36, PROFESSIONS AND OCCUPATIONS

Any veteran as defined in § 33A-2-1 who, at the time of induction, enlistment, or engagement in the armed forces of the United States, was regularly licensed, registered or certified in good standing and was lawfully engaged in this state in the profession, trade, science or busi…

The term, armed forces, as used in this chapter means all components of the United States Army, Army of the United States, United States Navy, United States Naval Reserve, United States Air Force, United States Marine Corps, United States Marine Corps Reserve, United States Space…

This chapter shall operate retroactively and any person within the class named herein practicing or engaged in any profession, trade, science or business on July 1, 1947, shall be deemed to have been fully restored and reinstated to the status existing on the date of induction or…

Notwithstanding any other provision in law and unless an applicant is found by the board to have engaged in any act that may constitute grounds for disciplinary action, any licensing body under the provisions of this title shall, within thirty days of receiving a completed applic…

Any license, certificate, registration, or permit issued pursuant to § 36-1B-1 may be renewed until any of the following events occur: (1) Active duty orders transfer the applicant out of South Dakota; (2) The applicant no longer holds in good standing the same or similar valid l…

No licensing body under this title may charge an application fee or any other fee payable to the licensing body for a license, certificate, registration, or permit issued pursuant to § 36-1B-1 . For the purposes of this section, the term, permit, does not include any permit refer…

Each licensing body under the provisions of this title may promulgate rules pursuant to chapter 1-26 to establish procedures to provide for the expedited issuance of a license, certificate, registration, or permit pursuant to § 36-1B-1 . Source: SL 2013, ch 170 , § 5; SL 2019, ch…

Nothing in this chapter or in § 13-42-67 or 13-42-69 may be construed to override, supersede, or invalidate any compact or agreement already in place within any profession regulated under titles 13 or 36. Nothing in this chapter or in § 13-42-67 or 13-42-69 prohibits any active d…

Terms used in this chapter mean: (1) "Administrator," the executive director, executive secretary, or other person designated as being responsible for a professional or occupational licensing's board, commission, or agency operation; (2) "Adverse action," a final decision by an a…

The applicant or licensee appearing before the agency at a formal hearing shall appear in person unless otherwise waived by the agency. If an applicant or licensee fails to appear, the hearing may proceed without the applicant or licensee. Source: SL 2021, ch 168 , § 10.

If an alleged violation against an applicant or licensee is filed by a member of the agency's board or commission, or if a member of the agency's board or commission participates in the investigation of a violation by an applicant or licensee, that agency's board or commission me…

An applicant for a license or licensee may, in writing, waive any procedure granted to the applicant or licensee under this chapter. Notwithstanding any other provision of law, nothing in this chapter shall be construed to limit an agency's authority for emergency action under § …

The Departments of Agriculture and Natural Resources, Health, Labor and Regulation, and Social Services shall promulgate rules, pursuant to chapter 1-26 , to make any consistent addition to the procedures in this chapter in order to comply with any federal statutes, rules, and re…

A person seeking a ruling as to the applicability to that person of a law, rule, or order of an agency under title 36 may file with the agency a petition for declaratory ruling in substantially the following form: Pursuant to the provisions of SDCL 1-26-15 , I, (name of petitione…

Upon receipt of the petition, the administrator may request from the petitioner any information that may be required for the issuance of its ruling. At the agency's next regularly scheduled meeting following the receipt of the petition or following receipt of requested informatio…

Any person seeking a declaratory ruling hereunder, is considered aggrieved if, within thirty days of the agency's declaratory ruling, a request is made for the agency to conduct a formal hearing. The hearing must be held at the earliest convenience of the agency following the rec…

An agency or administrator may not take adverse action against an applicant or licensee, with regard to a license as defined in § 36-1C-1 , based on the individual's criminal history, except as provided in this chapter. Except as provided in § 36-1C-22 , §§ 36-1C-1 and 36-1C-17 t…

An agency or administrator may not take adverse action against an applicant or licensee based on arrest or court records which have been sealed, expunged, or pardoned. An agency or administrator may not require an applicant or licensee to disclose arrest or court records which ha…

An agency or administrator may require an applicant to disclose on an application for licensure whether the applicant has been convicted of certain types of crimes which directly relate to the profession or occupation. An agency or administrator may require a licensee to disclose…

Any person claiming that a licensee or an applicant for a license under title 36 has engaged in or is engaging in conduct constituting grounds for disciplinary action, as enumerated in the laws or rules of the agency, may file with the agency a written complaint. The agency shall…

If an agency or administrator intends to take an adverse action against an applicant based on an applicant's criminal history, as provided in this chapter, the agency or administrator must provide written notice to the applicant of the agency's or administrator's intent to take a…

Any prospective applicant for a license may petition an agency for a declaratory ruling, as provided in §§ 36-1C-14 to 36-1C-16 , inclusive, seeking a ruling on whether the applicant's criminal history would result in an adverse action against a prospective license application by…

Nothing in this chapter may be construed to override, supersede, or invalidate any compact or agreement already in place with regard to the regulation of any profession or occupation. Nothing in this chapter may be construed to limit or change any basis for an agency or administr…

Upon receipt of a properly submitted complaint within the agency's jurisdiction, the administrator shall serve a copy of the complaint by mail or electronic mail upon the applicant or licensee complained against. The applicant or licensee complained against shall send a response …

Upon completion of the investigation, the investigating committee shall recommend to the agency whether the complaint should be dismissed for lack of probable cause, resolved by informal disposition, or settled by a formal hearing. The failure of an applicant or licensee to compl…

The agency may authorize the administrator to impose an administrative fine upon proof of a violation of specified statutes or rules without additional prior approval. Any action taken pursuant to this section shall be reported to the agency at its next scheduled meeting or withi…

The agency may accept an informal disposition regarding a violation of the laws or rules under the agency's jurisdiction. The agreed upon disposition must be in writing and is subject to the approval of the agency. Failure to comply with the terms of an informal disposition is gr…

If an alleged violation has probable cause constituting grounds for disciplinary action, the legal counsel for the agency may commence formal proceedings by serving a formal complaint by mail or electronic mail upon the applicant or licensee complained against. The formal complai…

The applicant or licensee shall file an answer with the administrator within twenty calendar days after service of the complaint admitting, denying, qualifying, or explaining all facts alleged in the formal complaint and all defenses of the applicant or licensee or mitigating fac…

After the receipt of the response in § 36-1C-8 , the agency's counsel shall file a notice of hearing pursuant to § 1-26-17 . The notice of hearing must be served no later than twenty calendar days prior to the hearing date. The agency may continue the date of the hearing as neces…

Notwithstanding any existing provisions related to licensure by endorsement or licensure by reciprocity in any applicable licensing statute, a licensing board or a department secretary, if the secretary is responsible for issuing the license, shall issue a license, certificate, r…

A licensing board or a department secretary, if the secretary is responsible for issuing the license, may issue a provisional license, certificate, registration, or permit to an applicant for licensure by endorsement while the applicant is satisfying remaining requirements for th…

Nothing in this chapter may be construed to override, supersede, or invalidate any compact or agreement already in place with regard to the regulation of any profession listed under § 36-1D-4 . Source: SL 2021, ch 169 , § 3; SL 2023, ch 133 , § 3.

The provisions of this chapter apply to any of the following: (1) Any occupation licensed pursuant to title 36; (2) Water and wastewater operators licensed pursuant to chapter 34A-3 ; (3) Teachers, administrators, and other educational professionals licensed pursuant to chapter 1…

Terms used in this chapter, unless the context otherwise requires, mean: (1) "Basic science," anatomy, physiology, bacteriology, pathology and chemistry, so far as same relates to the human system or mind as generally treated in each or all of said subjects; (2) "Diagnosis," the …

Nothing contained in this chapter shall be construed to interfere with the practice of those who endeavor to prevent or cure disease or suffering by spiritual means or prayer. Source: SL 1953, ch 130 , § 3; SDC Supp 1960, § 27.0319 (6).

Any person violating the provisions of this chapter may be enjoined from further violations in the circuit courts of this state under the rules of civil procedure at the suit of the state's attorney of the county wherein the violations occurred or suit may be brought by any citiz…

This chapter shall not be construed as repealing any existing statute prohibiting the practice of the healing arts or the penalties prescribed for violation thereof. Source: SL 1953, ch 130 , § 5; SDC Supp 1960, § 27.0320. 36-2-14. Transferred to §§ 36-2-1.1 and 36-3-1.1 and repe…

No official or employee of any department, board, commission, or agency of this state, or of any of its political subdivisions, shall in the performance of official duties interfere with any person's freedom of choice in the selection of practitioners licensed to perform vision s…

Terms used in this §§ 36-2-16.1 to 36-2-17 , inclusive, mean: (1) “Electronic health information,” an electronic record of information about a patient’s health, which is: (a) Created, gathered, consulted, and managed by the patient’s health care provider; and (b) Made available t…

Upon receiving a written request or an authorization for release of a medical record, signed by a patient, a health care provider or medical records company shall provide a copy of the patient’s medical record, if available, to the patient or to any person duly authorized by the …

A health care provider may not charge a patient a fee for access to the patient’s electronic health information through a patient portal. Source: SL 2023, ch 134 , § 3.

A health care provider or a medical records company may charge the following fees: (1) For a paper copy of a medical record not specified below, the fee may not exceed ten dollars for the first ten pages and thirty-three cents for each additional page; (2) For an electronic copy …

If a patient directs a health care provider or a medical records company to provide a copy of the patient’s medical record directly to another person designated by the patient, or if a third party requests a copy of a patient’s medical record pursuant to an authorization signed b…

A health care provider or medical records company may charge a fee for providing a signed certification, attesting that the copy of the medical record is an accurate and complete copy of the patient's original medical record on file for the time period specified in the request. T…

Sections 36-2-16.1 to 36-2-16.6 , inclusive, apply to any medical record produced by a health care provider or medical records company pursuant to a subpoena issued under the authority of a court, an administrative body, or other tribunal. Source: SL 2023, ch 134 , § 7.

A health care provider may not restrict or deny, to a parent or guardian who has authority to make health care decisions on behalf of a minor, access to the minor's: (1) Electronic health information; (2) Medical record; or (3) Patient portal. Any agreement between a health care …

A licensee, complying in good faith with §§ 36-2-16.1 to 36-2-16.7 , inclusive, may not be held liable for any injury or damage proximately resulting from that compliance. Source: SL 1981, ch 258 , § 4; SL 2023, ch 134 , § 8.

As used in § 36-2-19 , unaffiliated health care facility is both a health care facility licensed pursuant to chapter 34-12 and any imaging center, pharmacy, surgical center, laboratory, supplier of durable medical equipment, home health agency, rehabilitation facility, or similar…

It is unprofessional for a practitioner of the healing arts to refer a patient to an unaffiliated health care facility in which the practitioner, the practitioner's immediate family, or a corporation or limited liability company owned in whole or in part by the practitioner has a…