Changes to Existing Law

Terms used in §§ 36-10-18 36-10-18.1 through 36-10-52 mean: (1) "Board of Examiners," or "board," the South Dakota State Board of Medical and Osteopathic Examiners; (2) "Physical therapist," a person who is licensed, or who has obtained a compact privilege, to practice physical therapy under this chapter; (3) "Physical therapy," the practice of physical therapy as defined in § 36-10-18.1; (4)(2) "Physical therapist assistant," a person who is licensed, or who has obtained a compact privilege, to assist in providing physical therapy services under the supervision of a physical therapist under this chapter; (5) "Committee," the physical therapy advisory committee established in § 36-10-19; and (3) "Supervision," the responsibility of a physical therapist to observe, direct, and review the work, records, and practice of a physical therapist assistant permitted by § 36-10-35.7, to ensure that the physical therapist assistant renders good and safe treatment to the patient.

For the purposes of §§ 36-10-18 through 36-10-52, theThe practice of physical therapy is the examination and evaluation of patients a patient with a mechanical, physiological, and or developmental impairmentsimpairment, a functional limitation, and a disability, or other similar conditions in order to determine condition to: 24 (1) Determine a diagnosis, prognosis, and therapeutic intervention;alleviation of impairments and functional limitations (2) Alleviate any impairment or functional limitation by designing, implementing, and modifying therapeutic interventions that include therapeutic exercise, functional training in community or work reintegration, manual therapy techniques including soft tissue and joint mobilization, assistive and adaptive devices and equipment, bronchopulmonary hygiene, debridement and wound care, physical agents and mechanical modalities, therapeutic massage, electrotherapeutic modalities, and patient-related instruction;prevention of (3) Prevent injury, impairmentsimpairment, functional limitationslimitation, and disability including through the promotion and maintenance of fitness, health, and quality of life, in all age populations; and (4) Provide consultation, education, and research.

29 -10-25. Persons licensed under the provisions of this title, while practicing within the limits of their licensure, shall are not be prohibited therefrom from doing so by the provisions of this chapter.

A person desiring seeking licensure to practice physical therapy in South Dakotathis state shall file: (1) File a written application with the State Board of Examiners on forms provided by the board, together with Physical Therapy; (2) Submit an application fee, set by in an amount established by the board, in rule pursuant to chapter 1-26, but not to exceed sixty exceeding three hundred dollars. The applicant shall present; (3) Present evidence satisfactory to the board that the applicant is of good moral character; and (4) Present evidence satisfactory to the board that the applicant has graduated from a physical therapy curriculum program accredited by an accrediting body recognized by the United States Department of Education or by the Commission on Recognition of Postsecondary Accreditation. If the applicant has graduated from a physical therapy curriculum that is not accredited by an accrediting body, the applicant shall or present evidence satisfactory to the board that: (1)(a) The applicant has completed a course of professional instruction equivalent to an approved program accredited by an accrediting body recognized by the United States Department of Education or the Commission on Recognition of Postsecondary Accreditation; and (2)(b) The applicant has achieved a score ofscored at least five hundred fifty on the Test of English as a Foreign Language (TOEFL) examination, or, obtained a passing score on a comparative nationally recognized examination approved by the board, or has completed two years of secondary or postsecondary education in any educational institution in which the instruction is conducted in English.

In addition to the requirements in § § 36-10-27 and 36-10-35.1, an applicant for licensure shall submit to the board State Board of Physical Therapy a full set of the applicant’s fingerprints in a form and manner prescribed by the board. The board 33 shall deliver the fingerprints to the Division of Criminal Investigation to conduct a state and federal criminal history record background check by the division and the Federal Bureau of Investigation. The applicant shall sign a release of information to the board and pay any fees for the background check, including fingerprinting. Upon completion of the background check, the division shall deliver to the board all criminal history recordthe applicant's criminal background informationregarding the applicant, and the. The board shall consider this information in determining whether to issue a license to the applicant. The board may not issue a license to the applicant before receiving this information. The board may not disseminate an applicant’s criminal history recordbackground information to any person outside the board. The board may require any licensee who is the subject of a disciplinary investigation by the board to submit to a state and federal criminal history record background check. The board may deny the issuance of a license or suspend or revoke a license for failure to submit to or cooperate with a criminal background check.

The board State Board of Physical Therapy shall issue a license to each applicant who has : (1) Has passed a national examination, recognized by the board, with a grade acceptable to the board; and who otherwise meets (2) Meets the qualifications requirements for licensure under this chapter and the rules promulgated by the board.

The State Board of Examiners Physical Therapy may in its discretion, without examination, issue a license to any applicant who: (1) Is registered by the Federation of State Boards of Physical Therapy; or (2) Has passed a national examination recognized by the board, with a grade acceptable to the board, and meets the qualifications requirements for licensure under this chapter and the rules promulgated by the board.

31 -10-31. The State Board of Examiners Physical Therapy may in its discretion, without examination, issue a license to any applicant holding who holds a license or certificate issued to the applicant by a board empowered by law to issue licenses a license to practice physical therapy in the District of Columbia or any state or territory in the United States, if the requirements for licensure of physical therapists in the that state or territory in which the applicant was licensed were, at the date of his licensingissuance, substantially equal to the requirements set forth in this chapter.

Applications for A person seeking licensure by reciprocity shall be on forms: (1) Apply to the State Board of Physical Therapy, using a form provided by the board, and such applicant shall provide; (2) Provide the evidence required by this chapter and the rules of the board. The; and (3) Submit an application fee which shall accompany the application, shall be a sum, set by, in an amount established by the board, in rule, not to exceed sixty pursuant to chapter 1-26, but not exceeding three hundred dollars.

Any A license issued by the boardState Board of Physical Therapy, pursuant to the provisions of this chapter, expires on the first day of January first of the second year next succeeding the following its issuance thereof. A license may be renewed upon the payment of an annual a fee set, in an amount established by the board, by in rule promulgated pursuant to chapter 1-26, but not exceeding the sum of fiftythree hundred dollars. Failure of a licensee to renew the license on or before the first day of July of each first of the second year following issuance constitutes a forfeiture of the license.

A person desiring seeking licensure as a physical therapist assistant shall file written application with: (1) Apply to the State Board of Examiners, together withPhysical Therapy; 29 (2) Submit an application fee of not more than sixty dollars, to bein an amount established by the board, in rule promulgated pursuant to chapter 1-26. The applicant shall present, but not exceeding three hundred dollars; and (3) Present evidence satisfactory to the board that: (1) The applicant is a graduate of: (a) Graduation from an accredited physical therapist assistant's education program recognized by the board; and (2)(b) The applicant has passedPassage of a written examination, approved by the board, which tests the applicant's knowledge on subjects relating to physical therapy.

The State Board of Examiners Physical Therapy shall issue a license to an applicant for licensure as a physical therapist assistant license to a person who fulfills meets the requirements set forth in § 36-10-35.1. The license shall expire and may be renewed at the same time and in the same manner as provided in for physical therapy licenses under § 36-10-33 for the expiration and annual renewal of a license to practice physical therapy.

A physical therapist may not supervise, at any one time, supervise more than the equivalent of two full-time physical therapist assistants. The supervising physical therapist shall register, with the State Board of Examiners Physical Therapy, the name and address of each physical therapist assistant who whom the physical therapist is responsible for supervising. The registration shall must be submitted on a form provided by the board, and submitted at least fifteen days prior to the date when on which supervision is to commence. The supervising physical therapist shall notify, within ten days of termination, provide written notification to the board in writing of the termination of, if the supervision of a physical therapist assistant within ten days after the terminationis terminated. The supervising physical therapist may delegate responsibility for the supervision of a physical therapist assistant to another physical therapist, for a period not to exceedexceeding thirty days. 32

The State Board of Examiners mayPhysical Therapy shall promulgate rules, pursuant to chapter 1-26, pertaining to licensure, fees, discipline, supervision, and the continuing education which promote the health and safety of persons utilizing the services of physical therapists and physical therapist assistants licensed under this chapter.

The State Board of Examiners Physical Therapy may, in compliance with chapter 1-26, refuse to grant a license under this chapter for unprofessional, immoral, or dishonorable conduct on the part of the applicant.

The State Board of Examiners Physical Therapy may cancel, revoke, or suspend the license of any physical therapist or physical therapist assistant, issued under this chapter, upon satisfactory proof of such a evidence of the licensee's incompetence, or unprofessional or dishonorable conduct, or proof of a violation of this chapter in any respect.

The phrase " term, unprofessional or dishonorable conduct" as used in this chapter shall be construed to include, includes: (1) Employing what is known as cappers or steerers; (2) Willfully betraying a professional confidence; (3) All advertising of physical therapy business, in which untruthful or improbable statements are made, or which are calculated or to mislead or deceive the public; (4) Conviction of any criminal offense of the grade of felony, or any conviction of a criminal offense arising out of the practice of physical therapy, or one in connection with anyconviction of a criminal offense involving moral turpitude; (5) Habits of intemperance, or drug addiction, calculated which in the opinion of the board to State Board of Physical Therapy, affect the licensee's practice of his profession; (6) Sustaining any physical or mental disability which that renders the further practice of a licensee's profession dangerous; 31 (7) Presenting Presentation to the board of any license, certificate, or diploma, which was obtained by fraud, or by deception practiced in passing a required examination, or which was obtained by the giving of false statements or information on applying for said licenselicensure; and (8) Illegally or , fraudulently, or wrongfully obtaining a license required by this chapter, by the: (a) The use of any means, devices, or deceptions, or helps help in passing any examination, ; or by making (b) Making false statements or misrepresentations in any applications for information presentedapplication. Unprofessional or dishonorable conduct, as defined in this section, shall may not be the basis for criminal prosecution unless the conduct is otherwise declared unlawful.

The State Board of Physical Therapy may initiate proceedings for the cancellation, revocation, or suspension of a license may be initiated when the Board of Examinersif the board has information that any a person, persons, firms, or corporation may have been guilty of any misconduct as provided in § 36-10-40 or is be guilty of incompetence, or unprofessional or dishonorable conduct as provided in § 36-10-40.

All proceedings relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license which that has been revoked or suspended shall onlymay be held only when a majority of the members of the State Board of Examiners are Physical Therapy is present at such hearings.

The A decision of the State Board of Examiners Physical Therapy to suspend, revoke, or cancel a license requires a majority vote of the board members.

Any party feeling aggrieved by any acts, rulings, or decisions of the State Board of Examiners Physical Therapy, relating to the refusal to grant a license or to 29 the cancellation, revocation, or suspension of a license shall have the right to may appeal the decision, pursuant to chapter 1-26.

Upon written application establishing compliance with existing licensing requirements and for reasons the board State Board of Physical Therapy deems sufficient, the board, for good cause shown, by majority vote, may, under such conditions as it may impose, reinstate or reissue a license to any person, persons, firm, or corporation whose license has been suspended or revoked, provided, however, that upon. Upon suspension of a license, the board in such order may provide for an automatic reinstatement thereof after a fixed period of time as provided in the order.

Any person violating the provisions of this chapter may be enjoined from further violations at the suit of the state's attorney of the county wherein in which the violations occurred, or suit may be brought by any citizen resident of this state. An action for injunction shall be is an alternate alternative to criminal proceedings, and the commencement of one proceeding by the board State Board of Physical Therapy constitutes an election.

The State Board of Examiners or the physical therapy committee, or both,Physical Therapy 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 violation to the proper law enforcement officials wherein the act is committed. The board may employ special counsel, subject to the supervision, control and direction of the attorney general, assist in the prosecution of violations of this chapter, and expend the necessary funds for such purposethose purposes.

An applicant for license renewalIn order to renew a license, a person shall submit evidence, satisfactory to the State Board of Examiners that the applicant has complied Physical Therapy, indicating compliance with the continuing education 30 requirements established by the board. The board may waive the continuing education requirement requirements if the applicant submits evidence satisfactory to the board that the applicant was unable to comply with the continuing education requirements because of illness, disability, military service, or financial hardship.

A physical therapist may perform dry needling, if the physical therapist has acquired the knowledge and skills required for the competent performance of dry needling by successfully completing a course of study in dry needling approved by the board State Board of Physical Therapy, pursuant to rules promulgated pursuant toin accordance with chapter 1-26. The board may require a physical therapist who performs dry needling to provide proof of completion ofhaving completed an approved course of study in dry needling. For purposes of this chapter, dry needling is a skilled technique, performed by a physical therapist, using filiform needles to penetrate the skin and underlying tissues, to affect change in body structures and physical function capability, for the evaluation and management of neuromusculoskeletal conditions, pain, movement impairments, and disability.