36-31-1. Definition of terms. Terms used in this chapter mean: (1)”Association,” the South Dakota Occupational Therapy Association; (2)”Board of examiners,” the South Dakota State Board of Medical and Osteopathic Examiners; (3)”Occupational therapists,” any person licensed to practice occupational therapy as defined in this chapter and whose license is in good standing; (4)”Occupational therapy,” the evaluation, […]
36-31-10. Issuance of license upon payment of fee. The board shall issue a license to any person who meets the requirements of this chapter upon payment of the prescribed license fee. Source: SL 1986, ch 323, §10.
36-31-11. Expiration of license–Renewal–Fee–Restoration of forfeited license–Time limit–Continuing competency requirements. Any license issued by the board, pursuant to the provisions of this chapter, shall expire on the first day of January of the year next succeeding the issuance thereof. A license may be renewed upon the payment of a fee to be fixed annually by […]
36-31-12. Fees. The board shall prescribe and promulgate the following fees by rule pursuant to chapter 1-26: (1)Initial license fee; (2)Renewal of license fee; (3)Late renewal fee; and (4)Limited permit fee. These fees shall be sufficient to cover the activities and responsibilities of the board but may not exceed the sum of fifty dollars. Source: […]
36-31-13. Promulgation of rules. The board may promulgate rules pertaining to licensure, fees, discipline, supervision, and continuing competency for licensed occupational therapists and licensed occupational therapy assistants. All rules made by the board pursuant to this chapter shall be adopted and amended in accordance with the provisions of chapter 1-26. Source: SL 1986, ch 323, […]
36-31-14. Grounds for revocation, suspension, or cancellation of license. The license of an occupational therapist or occupational therapy assistant may be revoked, suspended, or canceled upon any one of these grounds: (1)The licensee is guilty of fraud in the practice of occupational therapy or fraud or deceit in his admission to the practice of occupational […]
36-31-15. Initiation of license cancellation, revocation, or suspension proceedings. A proceeding for cancellation, revocation, or suspension of a license may be initiated if the board has written information that any person may have been guilty of any misconduct pursuant to §36-31-14, or is guilty of incompetence or unprofessional or dishonorable conduct. Source: SL 1986, ch […]
36-31-16. Majority of board members to be present at license cancellation, revocation, suspension, or reissuance proceedings–When majority vote required. Any proceeding relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license which has been canceled, revoked, or suspended shall only be held when a majority of the members of […]
36-31-17. Applicability of chapter 1-26. Any proceeding relative to the cancellation, revocation, or suspension of a license shall conform to the procedure set forth in chapter 1-26. Source: SL 1986, ch 323, §17.
36-31-18. Appeal from decision of board. Any party feeling aggrieved by any acts, rulings or decisions of the board relating to refusal to grant or to cancellation, revocation, or suspension of a license may appeal pursuant to chapter 1-26. Source: SL 1986, ch 323, §18.
36-31-19. When license may be reissued or reinstated–Provision for automatic reinstatement. Upon written application establishing compliance with existing licensing requirements and for reasons the board deems sufficient, the board, for good cause shown, by majority vote, may, under the conditions it may impose, reinstate or reissue a license to any person whose license has been […]
36-31-2. Occupational therapy committee–Appointment–Terms–Duties–Qualifications. The board shall appoint an occupational therapy committee composed of three registered occupational therapists or two registered occupational therapists and one certified occupational therapy assistant. The committee shall assist the Board of Examiners in approving qualifications of persons applying for a license to practice occupational therapy in the state and the […]
36-31-20. Maintenance of record book–Admissibility of records and licenses in evidence–Copies of records to be furnished on request–Fee. The secretary of the board shall keep a record book in which are entered the names of all persons to whom licenses have been granted under this chapter, the license number of each, and the date of […]
36-31-21. Additional duties of board–Criminal prosecutions–Civil actions. In addition to the duties set forth elsewhere in this chapter, the board shall: (1)Recommend prosecutions for violations of this chapter to the appropriate state’s attorneys; and (2)Recommend to the attorney general the bringing of civil actions to seek injunctions and other relief for violations of this chapter. […]
36-31-22. Investigation and report of violations. The board shall investigate every alleged violation of this chapter pursuant to the procedures set forth in chapter 36-1C. If the alleged violation is committed by a nonlicensee, the board shall report the same to the proper law enforcement officials wherein the violation is committed. Source: SL 1986, ch […]
36-31-23. Action for injunction–Injunction as alternative to criminal proceedings–Election. Any person violating the provisions of this chapter may be enjoined from further violations by a suit brought by the state’s attorney of the county wherein the violations occurred or suit may be brought by any citizen of this state. An action for injunction is an […]
36-31-24. Violation of chapter as misdemeanor. Any person who violates any provision of this chapter is, upon conviction, guilty of a Class 2 misdemeanor. Source: SL 1986, ch 323, §24.
36-31-25. Limit on board expenditures. The total expense incurred by the Board of Medical and Osteopathic Examiners may not exceed the total money collected by the board under the provisions of this chapter. Source: SL 1986, ch 323, §25.
36-31-3. Practice or representation as occupational therapist by unlicensed person as misdemeanor. It is a Class 2 misdemeanor for any person to practice occupational therapy or represent himself as an occupational therapist or use in connection with his name the words or letters “OTR”; “OTR/L”; “Occupational Therapist, Registered”; “Occupational Therapist, Registered/Licensed”; “Certified Occupational Therapy Assistant”; […]
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 […]
