36-35-25. Application of chapter.
The provisions of this chapter do not apply to any person performing massage for compensation if the massage is done under one of the following circumstances:
(1)As part of a licensed practice as a physician, physician assistant, chiropractor, nurse, physical therapist, athletic trainer, or other health care profession licensed or certified under title 36;
(2)As part of a licensed practice pursuant to chapter 36-14 or 36-15, if the licensee is performing within the scope of the licensed practice and the licensee does not hold himself or herself out to be a massage therapist or to be engaged in the practice of massage therapy;
(3)In furtherance of duties as an employee of the United States;
(4)As part of a course of study with a facility or instructor recognized and approved by the board to provide training in massage or the provision of such instruction;
(5)As part of providing a course of instruction or continuing education by a licensed massage therapist from another state or provider preapproved by the board, in the practice of massage therapy on a temporary basis not in excess of ten days per calendar year; or
(6)Manipulation of the soft tissues of the human body is restricted to the hands, feet, or ears and the person does not hold himself or herself out to be a massage therapist or to be engaged in the practice of massage therapy.
Source: SL 2005, ch 206, §25; SL 2016, ch 197, §18.
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.