South Dakota Codified Laws
Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons
Section 36-15-1 - Definition of terms.

36-15-1. Definition of terms.
Terms used in this chapter mean:
(1)"Apprentice," any person licensed by the commission to receive education through an apprenticeship in a salon;
(2)"Apprentice salon," any salon licensed by the commission to teach apprentices;
(3)"Booth," any part within a licensed salon that is rented or leased for the purpose of rendering licensed cosmetology services as a separate, independent salon business;
(4)"Commission," the Cosmetology Commission as established and created in §36-15-3;
(5)"Cosmetologist," any person who, for compensation, engages in any of the practices of cosmetology;
(6)"Cosmetology," any one or any combination of the practices set forth in §36-15-2;
(7)"Demonstrator," any person licensed to practice cosmetology, nail technology, or esthetics in this state, in another state, or in another country, who demonstrates the various practices of cosmetology, as applicable, in order to inform or educate other licensees or the public;
(8)"Esthetician," any person who, for compensation, engages in the practice of esthetics, but not in other practices of cosmetology;
(9)"Esthetics," any one or any combination of the practices set forth in §36-15-2.2;
(10)"Instructor," any person who is licensed by the commission to instruct in a school and who meets the requirements set forth in §36-15-25;
(11)"Nail technology," any one or any combination of the practices set forth in §36-15-17.2;
(12)"Nail technician," any person who, for compensation, engages in the practice of nail technology, but not in other practices of cosmetology;
(13)"Natural hair braiding," any one or any combination of the practices set forth in §36-15-1.1;
(14)"Salon," any place, premise, or building or any part of a building operated for the purpose of engaging in the practice of cosmetology, nail technology, or esthetics, or any combination of these practices;
(15)"School," any place, premise, or building that is licensed by the commission to provide education to students in the practice of cosmetology, nail technology, or esthetics, or any combination of these practices;
(16)"School premises," any permanent building or other structures approved by the commission as a school campus under one school license;
(17)"Student," any person who is licensed by the commission to receive education in a licensed school.

Source: SDC 1939, §27.1501; SL 1943, ch 106, §1; SL 1957, ch 118, §1; SL 1965, ch 123, §1; SL 1972, ch 206, §§1, 2; SL 1997, ch 218, §1; SL 2003, ch 202, §1; SL 2007, ch 217, §1; SL 2009, ch 182, §1; SL 2017, ch 176, §1; SL 2018, ch 232, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 36 - Professions and Occupations

Chapter 15 - Cosmetologists, Estheticians, Nail Technicians, And Salons

Section 36-15-1 - Definition of terms.

Section 36-15-1.1 - Natural hair braiding defined.

Section 36-15-2 - License required to practice cosmetology--Acts constituting practice of cosmetology.

Section 36-15-2.1 - Acts not constituting practice of cosmetology.

Section 36-15-2.2 - License required for practice of esthetics--Practices constituting esthetics.

Section 36-15-2.3 - Application for esthetics examination--Information required.

Section 36-15-2.4 - Terms of licenses--Renewal dates.

Section 36-15-3 - Cosmetology Commission--Appointment and terms of members--Oath of office.

Section 36-15-4 - Qualifications of professional commission members--School affiliation prohibited.

Section 36-15-4.1 - Lay members of commission--Appointment and terms of office.

Section 36-15-5 - Annual election of officers of commission--Meetings--Quorum.

Section 36-15-5.1 - Commission continued within Department of Labor and Regulation--Records and reports.

Section 36-15-6 - Employment of personnel by commission--Expenses--School affiliation prohibited.

Section 36-15-9 - Fees paid in advance--Use by commission.

Section 36-15-11 - General duties of commission members.

Section 36-15-13 - Scope of rules.

Section 36-15-13.2 - Continuing education for licensees--Commission authorized to adopt rules--Scope.

Section 36-15-14 - Access of authorities to salons or schools for inspection and enforcement purposes.

Section 36-15-15 - Application for license or permit--Evidence of qualifications.

Section 36-15-16 - Persons exempt from chapter.

Section 36-15-16.1 - Natural hair braiding exempt from chapter.

Section 36-15-17 - Application for cosmetologist examination--Information required.

Section 36-15-17.1 - Application for nail technician examination--Information required.

Section 36-15-17.2 - License required to practice nail technology--Practices constituting nail technology.

Section 36-15-19 - Number, time, and place of examinations.

Section 36-15-19.1 - Cosmetologist's examination--Issuance of license--Annual expiration and renewal.

Section 36-15-19.2 - Licensure by reciprocity--Requirements.

Section 36-15-19.3 - Nail technician's examination--Issuance of license--Annual expiration and renewal.

Section 36-15-19.5 - Esthetician's examination--Issuance of license--Annual expiration and renewal.

Section 36-15-20 - Fees for licenses, permits, and renewals.

Section 36-15-20.1 - Reinstatement of lapsed licenses and renewals--Fee.

Section 36-15-22 - Temporary permit for out-of-state cosmetologist, nail technician or esthetician--Duration of permit.

Section 36-15-25 - Instructor license required to teach--Application--Conditional license--Areas of instruction.

Section 36-15-25.1 - Annual expiration and renewal.

Section 36-15-26.2 - Education for instructors.

Section 36-15-29 - License required for school of cosmetology, nail technology or esthetics--Requirements for license.

Section 36-15-29.1 - School license restricted to premises--Exceptions--Transfer prohibited.

Section 36-15-29.3 - Branch school--Requirements for license.

Section 36-15-30 - School license--Annual expiration and renewal.

Section 36-15-33 - Student license application--Requirements and issuance of license--Withdrawal or transfer.

Section 36-15-34 - Students transferring from out-of-state school--Credit allowed.

Section 36-15-37 - Separation of salon and school required.

Section 36-15-38 - School to indicate status in advertising and on school premises.

Section 36-15-42 - Apprentice license required for apprenticeship--Requirements and term of license.

Section 36-15-42.1 - Apprentice salon license required to offer apprenticeship education--Requirements and term of license.

Section 36-15-44 - Maximum number of apprentices in salon.

Section 36-15-45 - Required period of apprenticeship--Transfer to another salon--Break in apprenticeship period--Promulgation of rules.

Section 36-15-46 - Textbooks and course of study for schools and apprenticeship training.

Section 36-15-46.1 - General Coursework--Credit--Promulgation of rules

Section 36-15-47 - Apprentice to practice in licensed salon--Supervision and time required for study and practice.

Section 36-15-47.1 - Licensed instructors to teach apprentices--Fee for education prohibited.

Section 36-15-48 - Instructor's report on apprentice.

Section 36-15-50 - Temporary license issued on completion of apprenticeship--Duration of license.

Section 36-15-50.1 - Temporary license to school graduate--Duration of license.

Section 36-15-51 - License required to operate salon or booth--Types of licenses--Annual expiration and renewal--Violation as misdemeanor.

Section 36-15-51.1 - Changing location or ownership of salon or booth--New license required--Temporary permit authorized--Notice to commission.

Section 36-15-51.2 - Licensed nursing facilities and assisted living centers.

Section 36-15-54 - Practice outside licensed salon or booth prohibited--Exceptions.

Section 36-15-55.2 - Ground for disciplinary action as basis for refusal, revocation or suspension of license.

Section 36-15-56 - Grounds for disciplinary action.

Section 36-15-57 - Subpoena power of commission--Administration of oaths--Depositions.

Section 36-15-58 - Initiation of proceedings for cancellation, revocation or suspension of license.

Section 36-15-58.3 - Quorum of commission at hearing on cancellation, revocation or suspension.

Section 36-15-58.4 - Majority vote required to suspend, revoke or cancel license.

Section 36-15-58.5 - Reinstatement of suspended or revoked license--Procedure--Conditions.

Section 36-15-59 - Appeal from commission decision.

Section 36-15-60 - Certain acts prohibited--Misdemeanor.

Section 36-15-61 - Injunction against violations--Expenditure of moneys authorized.

Section 36-15-62 - Citation of chapter.