36-31-4. Certain activities not proscribed or restricted.
Nothing in this chapter may be construed as preventing or restricting the practice, services or activities of:
(1)Any person licensed in this state by any other law from engaging in the profession or occupation for which he is licensed; or
(2)Any person employed as an occupational therapist or occupational therapy assistant by the government of the United States or any agency of it, if such person provides occupational therapy solely under the direction or control of the organization by which he is employed; or
(3)Any person pursuing a supervised course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program, if the person is designated by a title which clearly indicates his status as a student or trainee; or
(4)Any person fulfilling the supervised fieldwork experience requirements of subdivision 36-31-6 (4), if the experience constitutes a part of the experience necessary to meet the requirement of that section; or
(5)Any person employed as an occupational therapy aide; or
(6)Any person performing occupational therapy services in the state if these services are performed for no more than ten days in a calendar year in association with an occupational therapist licensed under this chapter, if:
(a)The person is licensed under the law of another state which has licensure requirements at least as stringent as the requirements of this chapter, or
(b)The person meets the requirements for certification as an occupational therapist, registered or a certified occupational therapy assistant, established by the American occupational therapy association; or
(7)Any person when providing therapy as related services as defined in a student's individualized educational plan, the therapy shall not be an activity which supplants or duplicates the educational instruction program provided by the teaching profession.
Source: SL 1986, ch 323, ยง4.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 31 - Occupational Therapists
Section 36-31-1 - Definition of terms.
Section 36-31-2 - Occupational therapy committee--Appointment--Terms--Duties--Qualifications.
Section 36-31-4 - Certain activities not proscribed or restricted.
Section 36-31-5 - Limited permit--Duration--Renewal.
Section 36-31-6 - Application for licensure--Requirements.
Section 36-31-7 - Waiver of education requirements.
Section 36-31-8 - Additional waiver provisions.
Section 36-31-9 - Requirements for foreign-trained occupational therapists or assistants.
Section 36-31-10 - Issuance of license upon payment of fee.
Section 36-31-13 - Promulgation of rules.
Section 36-31-14 - Grounds for revocation, suspension, or cancellation of license.
Section 36-31-15 - Initiation of license cancellation, revocation, or suspension proceedings.
Section 36-31-17 - Applicability of chapter 1-26.
Section 36-31-18 - Appeal from decision of board.
Section 36-31-21 - Additional duties of board--Criminal prosecutions--Civil actions.
Section 36-31-22 - Investigation and report of violations.