36-18A-3. Practice of engineering, design coordination, and engineering studies defined.
For the purposes of this chapter, the term, practice of engineering, means the practice or offering to practice of any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to such services or creative work. Such service or work includes consultation; investigation; evaluation; planning; design; and design coordination of engineering works and systems; planning the use of land and water; land-use studies; teaching of advanced engineering design subjects; performing engineering studies; and the review or observation of construction for the purpose to determine whether the work is in general accordance with drawings, specifications, and other technical submissions. Any such service or work, either public or private, may be in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products, or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, insofar as they involve safeguarding life, health, or property, and including such other professional services as are necessary to the planning, progress, and completion of any engineering services.
For the purposes of this section, the term, design coordination, includes the review and coordination of those technical submissions prepared by others, including consulting engineers, architects, landscape architects, land surveyors, and other professionals working under the direction of the engineer. The term, engineering studies, includes all activities required to support the sound conception, planning, design, construction, maintenance, and operation of engineered projects, but excludes the surveying of real property for the establishment of land boundaries, rights-of-way, easement exhibits relating to land boundaries, and the dependent or independent surveys or resurveys of the public land survey system.
A person is construed to practice or offer to practice engineering if the person practices any branch of the profession of engineering, if the person, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself or herself to be a professional engineer, or if the person through the use of some other title implies that the person is a professional engineer or that the person is licensed under these provisions, or if the person holds himself or herself out as able to perform or does perform any engineering service or work or any other service designated by the practitioner which is recognized as engineering.
Source: SL 1999, ch 195, §3; SL 2007, ch 219, §5.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 18A - Technical Professions
Section 36-18A-1 - Definition of terms.
Section 36-18A-1.1 - Inactive licensee defined.
Section 36-18A-2 - Practice of architecture defined.
Section 36-18A-3 - Practice of engineering, design coordination, and engineering studies defined.
Section 36-18A-4 - Practice of land surveying defined.
Section 36-18A-5 - Practice of landscape architecture defined.
Section 36-18A-6 - Practice of petroleum release assessment defined.
Section 36-18A-7 - Practice of petroleum release remediation defined.
Section 36-18A-8 - License required to practice professions enumerated in chapter.
Section 36-18A-9 - Certain persons exempt from provisions of chapter.
Section 36-18A-11 - Design-build services by contractor.
Section 36-18A-12 - Certain services performed by authorized petroleum release business exempt.
Section 36-18A-13 - Incidental cross-practice by architects and engineers.
Section 36-18A-15 - Board member qualifications.
Section 36-18A-16 - Immunity of board members--Attorney general to represent board.
Section 36-18A-17 - Removal of board member--Filling of vacancies.
Section 36-18A-18 - Board to elect officers--Meetings--Quorum--Inclusion in blanket bond.
Section 36-18A-19 - Accounting for moneys received--Disbursement of funds--Vouchers and warrants.
Section 36-18A-20 - Employment of counsel and assistance in enforcement.
Section 36-18A-21 - Employment of executive director and staff--Offices.
Section 36-18A-22 - Board to promulgate rules--Scope of rules--Existing rules remain in effect.
Section 36-18A-24 - Record and report policy.
Section 36-18A-25 - Engineering intern--Qualifications.
Section 36-18A-26 - Professional engineer licensure qualifications--Board to establish criteria.
Section 36-18A-28 - Land surveying intern qualifications--Board to establish criteria.
Section 36-18A-29 - Land surveyor qualifications--Board to establish criteria.
Section 36-18A-33 - Examination requirements--Fees.
Section 36-18A-34 - Notice of results--Reexamination--Fees.
Section 36-18A-35 - Licensure--Comity consideration--Promulgation of Rules--Fee.
Section 36-18A-36 - License issued to successful applicant.
Section 36-18A-37 - Display of license in place of business--Replacement license.
Section 36-18A-38 - Practice permitted recipient of license--Use of titles--License as evidence.
Section 36-18A-39 - Expiration and biennial renewal of licenses--Continuing professional education.
Section 36-18A-43 - Request for inactive or retired status--Fee.
Section 36-18A-45.1 - Digital signatures.
Section 36-18A-46 - Construction administration services to be provided by architect or engineer.
Section 36-18A-46.1 - Completion of work--Successor licensee--Nonprofessional services.
Section 36-18A-47 - Firm or office to have appropriately licensed person in charge.
Section 36-18A-49 - Application for certificate of authorization--Contents.
Section 36-18A-51 - Business to report changes in information supplied on application--Time limit.
Section 36-18A-52 - General provisions applicable to business entities.
Section 36-18A-53 - Employee not responsible for corporate violations--Exception.
Section 36-18A-54 - Board inquiries and investigation of violations--Report and prosecution.
Section 36-18A-56 - Proof of injury not necessary for board action on certain violations.
Section 36-18A-57 - Disciplinary remedies available to board.
Section 36-18A-58 - Additional remedies.
Section 36-18A-59 - Proceedings for revocation or suspension of license.
Section 36-18A-60 - Findings and actions of board subject to appeal.
Section 36-18A-61 - Civil remedies available to board.
Section 36-18A-62 - Service of cease and desist order.
Section 36-18A-63 - Report issued after hearing--Further order.
Section 36-18A-64 - Order becomes final if no hearing requested--Other remedies not precluded.
Section 36-18A-65 - Prohibited acts--Violation as Class 2 misdemeanor.
Section 36-18A-66 - Prohibited acts--Repeated violation as Class 1 misdemeanor.
Section 36-18A-67 - Fee to reimburse board for costs.
Section 36-18A-68 - Limitation on liability of licensed professionals--Exception.
Section 36-18A-69 - Contracts in violation unenforceable.
Section 36-18A-70 - Plans, specifications, plats and submissions in violation unacceptable.
Section 36-18A-74 - Continuation of licenses and enrollments issued under chapter 36-18.