36-35-12. Application for license--Qualifications--Appeal of denial.
The board shall issue a license to engage in the practice of massage to any person who submits an application form and the nonrefundable application fee as approved in §36-35-17 and who demonstrates the following qualifications:
(1)Eighteen years of age or older;
(2)Completion of no less than five hundred hours of training or study in the practice of massage with a facility or instructor recognized by the board;
(3)Absence of unprofessional conduct;
(4)Professional liability insurance coverage pursuant to §36-35-21; and
(5)Passing score on a nationally recognized competency examination approved by the board in rules promulgated pursuant to chapter 1-26.
The board may refuse to grant a license to any person based on failure to demonstrate the requirements of this section. The board may grant a license, subdivision 36-35-13(1) notwithstanding, if the applicant has been convicted of, or pled guilty to a felony, any crime involving or relating to the practice of massage, or any crime involving dishonesty or moral turpitude and the board determines that the plea or conviction is of a nature or is sufficiently remote in time that the applicant does not constitute a risk to public safety. An applicant may appeal the denial of a license in compliance with chapter 1-26.
Source: SL 2005, ch 206, §12; SL 2007, ch 223, §1; SL 2013, ch 184, §5; SL 2015, ch 201, §1.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 35 - Massage Therapists
Section 36-35-1 - Definitions.
Section 36-35-2 - Appointment of board members--Terms--Vacancy.
Section 36-35-3 - Resignation of board members--Effective date.
Section 36-35-4 - Selection of officers.
Section 36-35-5 - Meetings of board.
Section 36-35-6 - Quorum--Majority vote.
Section 36-35-6.1 - Powers of board.
Section 36-35-7 - Compensation of board members.
Section 36-35-8 - Display of license--Proof of licensure.
Section 36-35-9 - Use of fees.
Section 36-35-12 - Application for license--Qualifications--Appeal of denial.
Section 36-35-12.1 - Temporary permit.
Section 36-35-12.3 - Expiration of license.
Section 36-35-13 - Unprofessional conduct.
Section 36-35-15 - Applicants licensed in other states.
Section 36-35-16 - Renewal of license.
Section 36-35-17 - Application and license fees.
Section 36-35-18 - Duplicate license.
Section 36-35-18.1 - Inactive status.
Section 36-35-19 - Continuing education requirements.
Section 36-35-20 - Investigation of complaints--Inspections.
Section 36-35-21 - Professional liability insurance coverage.
Section 36-35-22 - Grounds for cancellation, suspension, or revocation of license--Hearing--Appeal.
Section 36-35-23 - Reapplication for cancelled, suspended, or revoked license.