36-15-60. Certain acts prohibited--Misdemeanor.
No person may:
(1)Practice cosmetology, nail technology, or esthetics without a license;
(2)Intentionally make any false oath or affirmation whenever an oath or affirmation is required by this chapter or rules promulgated to this chapter;
(3)Fail to display any license in a conspicuous place in the salon, booth, or school;
(4)Fail to comply with the plumbing, electrical, physical, or sanitary requirements as stated in the rules promulgated by the commission;
(5)Charge or receive compensation for teaching an apprentice any of the practices of cosmetology;
(6)Operate a school without a license as provided for in this chapter;
(7)Employ or allow any unlicensed person to perform work which under this chapter may lawfully be done only by licensed persons;
(8)Operate a salon, booth, or school for any of the practices of cosmetology without having first obtained the applicable license as provided in this chapter;
(9)Practice any cosmetology services for which the commission requires additional continuing education in which the education has not been completed; and
(10)Do any act prohibited by this chapter.
A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, §§27.1516, 27.9930; SL 1943, ch 106, §4; SL 1947, ch 125, §4; SL 1957, ch 118, §1; SL 1972, ch 206, §56; SL 1977, ch 190, §182; SL 1986, ch 302, §6; SL 1997, ch 218, §§26, 27; SL 2003, ch 202, §65; SL 2007, ch 217, §10.
Structure 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 36-15-2.1 - 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 36-15-6 - 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 36-15-15 - 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 36-15-19 - Number, time, and place of examinations.
Section 36-15-19.2 - Licensure by reciprocity--Requirements.
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 36-15-25.1 - Annual expiration and renewal.
Section 36-15-26.2 - Education for instructors.
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 36-15-34 - 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 36-15-44 - Maximum number of apprentices in salon.
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 36-15-47.1 - 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 36-15-51.2 - Licensed nursing facilities and assisted living centers.
Section 36-15-54 - Practice outside licensed salon or booth prohibited--Exceptions.
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.