Changes to Existing Law

SB151 — revise and repeal provisions related to the licensure of athletic trainers.

25 sections modified+570-1473

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§ 36-29

New Section

+88

NEW SECTION added to Chapter 36-29

The practice of athletic training is the care, treatment, and prevention, under guidelines established by a physician licensed pursuant to chapter 36-4, of injuries, illnesses, or conditions: 23 (1) That are related to, or that limit participation in, exercise, athletic activities, recreational activities, or activities requiring physical strength, agility, flexibility, range of motion, speed, or stamina; and (2) For which an athletic trainer, as a result of the athletic trainer's education and training, is qualified to provide care and to make referrals to an appropriate health care professional.

§ 36-29-1

Amended

+15-140

Section 36-29-1 — AMENDED

Terms used in this chapter~~, unless the context otherwise requires,~~ mean: (1) "Athletic trainer," a ~~person with specific qualifications as set forth in § 36-29-3,~~ ~~whose responsibility is the prevention, evaluation, emergency care, treatment, and~~ ~~reconditioning of athletic injuries under the direction of the team or treating~~ ~~physician. The athletic trainer may use cryotherapy, which includes cold packs, ice~~ ~~packs, cold water immersion, and spray coolants; thermotherapy, which includes~~ ~~topical analgesics, moist hot packs, heating pads, infrared lamp, and paraffin bath;~~ ~~hydrotherapy, which includes whirlpool; and therapeutic exercise common to~~ ~~athletic training which includes stretching and those exercises needed to maintain~~ ~~condition; in accordance with a physician's written protocol. Any rehabilitative~~ ~~procedures recommended by a physician for the rehabilitation of athletic injuries~~ ~~which have been referred and all other physical modalities may be administered~~ ~~only following the prescription of the team or referring physician~~ health care professional who is licensed by the board to practice athletic training; and (2) "Board," the State Board of Medical and Osteopathic Examiners ~~as created by~~ ~~chapter 36-4~~.

§ 36-29-10

Repealed

-53

Section 36-29-10 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2024 bill was introduced.

~~Source: SL 1984, ch 255, § 10; SL 2024, ch 162, § 18.~~

§ 36-29-11

Amended

+36-34

Section 36-29-11 — AMENDED

~~Any~~ A license issued by the ~~Board of Medical and Osteopathic~~ ~~Examiners shall expire~~ board pursuant to this chapter expires on ~~the first day of July~~ December thirty-first of the first year following its issuance. A license may be renewed ~~every year~~ upon ~~the payment~~: (1) Payment of a the renewal fee set by the board~~, by rule promulgated pursuant to~~ ~~chapter 1-26. The fee may not exceed fifty dollars~~; and 30 (2) Submission of evidence, satisfactory to the board, that the athletic trainer has completed the requirements referenced in § 36-29-14.

§ 36-29-12

Repealed

-53

Section 36-29-12 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2024 bill was introduced.

~~Source: SL 1984, ch 255, § 12; SL 2024, ch 162, § 19.~~

§ 36-29-13

Repealed

-53

Section 36-29-13 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2024 bill was introduced.

~~Source: SL 1984, ch 255, § 13; SL 2024, ch 162, § 20.~~

§ 36-29-14

Amended

+65-71

Section 36-29-14 — AMENDED

~~Continuity education shall be prescribed pursuant to chapter 1-26 by~~ ~~the Board of Medical and Osteopathic Examiners as a further requirement for renewal of~~ ~~any license. In no instance may the board require a greater number of hours of annual~~ ~~continuing education study than are available within the state and are approved by the~~ ~~board. The board may waive the continuing education requirement in case of certified~~ ~~illness or undue hardship~~In order to renew a license, an athletic trainer must: (1) Complete the amount of continuing education hours required by the board in rules promulgated pursuant to chapter 1-26, but which may not exceed twenty-five; or (2) Have current certification from the Board of Certification for the Athletic Trainer. The board shall promulgate rules, pursuant to chapter 1-26, to establish acceptable forms of continuing education.

§ 36-29-15

Amended

+34-68

Section 36-29-15 — AMENDED

~~Failure of a licensee to renew a license on or before the first day of July~~ ~~of the year of expiration constitutes a forfeiture of the license. Any person who has~~ ~~forfeited a~~ The board may renew an expired license ~~under this chapter may have it~~ ~~restored by making~~ if the individual submits a written application ~~and by payment of~~ and pays the renewal fee for the current term.~~However, late renewal of a license may not be~~ ~~granted more than five years after its expiration~~. The board may establish~~, pursuant to~~ ~~§ 36-29-14,~~ additional continuing education requirements for late license renewals. The board may not renew an expired license under this section if the license is expired for more than five years.

§ 36-29-17

Amended

+26-42

Section 36-29-17 — AMENDED

The ~~Board of Medical and Osteopathic Examiners may adopt~~ board shall promulgate rules ~~and regulations that set~~, pursuant to chapter 1-26, to: (1) Set standards for the professional practice ~~for licensed~~ of athletic trainers; (2) Establish a code of ethics for athletic trainers; and ~~other~~ (3) Establish other rules ~~and regulations~~ as may be reasonably necessary for the administration of this chapter and to carry out its purpose. ~~All rules and regulations~~ 31 ~~made by the board pursuant to this chapter shall be adopted and amended in~~ ~~accordance with the provisions of chapter 1-26.~~

§ 36-29-18

Amended

+37-160

Section 36-29-18 — AMENDED

The board may revoke, suspend, or cancel the license of an athletic trainer ~~may be revoked, suspended, or canceled~~ upon any one of these grounds: (1) The ~~licensee~~ athletic trainer is guilty of fraud in the practice of athletic training or fraud or deceit in the ~~licensee's~~ athletic trainer's admission to the practice of athletic training; (2) The ~~licensee~~ athletic trainer has been convicted of a felony during the past five years. The conviction of a felony is the conviction of any offense, which if committed within ~~the State of South Dakota~~ this state would constitute a felony under its laws; (3) The ~~licensee~~ athletic trainer is engaged in the practice of athletic training under a false or assumed name and has not registered that name pursuant to chapter 37- 11, or is impersonating another practitioner of a like or different name; (4) The ~~licensee~~ athletic trainer is addicted to the habitual use of intoxicating liquors, narcotics, or stimulants to the extent as to incapacitate the ~~licensee~~ athletic trainer from the performance of the ~~licensee's~~ athletic trainer's professional duties; (5) The physical or mental condition of the ~~licensee~~ athletic trainer is determined by a medical examiner to be such as to jeopardize or endanger those who seek relief from the ~~licensee~~ athletic trainer. A majority of the ~~Board of Medical and~~ ~~Osteopathic Examiners~~ board may demand an examination of the ~~licensee~~ athletic trainer by a competent medical examiner selected by the board at the board's expense. If the ~~licensee~~ athletic trainer fails to submit to the examination, this constitutes immediate grounds for suspension of the ~~licensee's~~ license; (6) The ~~licensee~~ athletic trainer obtains or attempts to obtain a license~~, certificate,~~ or renewal thereof by bribery or fraudulent representation; or (7) ~~The licensee receives direct compensation from individuals or third party payees~~ ~~for services rendered. However, a licensee may receive compensation from any~~ ~~entity sponsoring an athletic event for athletic training services provided to athletes~~ ~~participating in the event. For the purposes of this subdivision, direct compensation~~ ~~is compensation other than that received by the employing institution or athletic~~ ~~organization;~~ 33 ~~(8) The licensee makes a false statement in connection with any application under this~~ ~~chapter;~~ ~~(9) The licensee makes a false statement on any form prescribed by the board~~ ~~pursuant to this chapter or the rules promulgated by the board pursuant to this~~ ~~chapter;~~ ~~(10) The licensee conducts continued treatment and rehabilitation procedures on~~ ~~individuals other than those associated with the employing institution or athletic~~ ~~organization; or~~ ~~(11)~~ The ~~licensee~~ athletic trainer has violated any provision of this chapter or the rules promulgated pursuant to this chapter.

§ 36-29-2

Amended

+78-30

Section 36-29-2 — AMENDED

It is a Class 2 misdemeanor for any ~~person~~ individual to practice or attempt to practice ~~any of the activities of an athletic trainer~~ athletic training without first obtaining a license pursuant to this chapter. Nothing in this chapter may be construed to prevent ~~any person from serving as a~~ ~~student trainer, teacher-trainer, coach, or similar position, if that service is not primarily~~ ~~for compensation~~ or restrict the: (1) Activities of a student pursuing a supervised course of study leading to a degree or licensure in athletic training; or (2) Practice of an individual: (a) Employed by or affiliated with an individual or athletic team from a different state or jurisdiction temporarily practicing or competing in this state; and (b) Who only practices on the individual or members of the athletic team that the individual is employed or affiliated with.

§ 36-29-20

Amended

+17-28

Section 36-29-20 — AMENDED

~~All~~ A majority of the members of the board must be present at proceedings relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license ~~which~~ that has been canceled, revoked, or suspended ~~shall only be~~ ~~held when a majority of the members of the Board of Medical and Osteopathic Examiners~~ ~~are present at the hearings~~. ~~The~~ A decision of the board to suspend, revoke, or cancel, or reissue a license requires a majority vote of ~~all~~ the board members.

§ 36-29-22

Repealed

-53

Section 36-29-22 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2024 bill was introduced.

~~Source: SL 1984, ch 255, § 22; SL 2024, ch 162, § 21.~~

§ 36-29-23

Repealed

-53

Section 36-29-23 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2024 bill was introduced.

~~Source: SL 1984, ch 255, § 23; SL 2024, ch 162, § 22.~~

§ 36-29-24

Repealed

-53

Section 36-29-24 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2024 bill was introduced.

~~Source: SL 1984, ch 255, § 24; SL 2024, ch 162, § 23.~~

§ 36-29-27

Amended

+57-43

Section 36-29-27 — AMENDED

~~Any person violating~~ If it appears, from evidence satisfactory to the board, that an individual has violated 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~~, or that an athletic trainer has committed unprofessional or dishonorable conduct or is incompetent, the board may apply for an injunction in any court of competent jurisdiction to restrain the individual or athletic trainer from continuing to practice. An ~~action~~ application for an injunction is an ~~alternate~~ alternative to criminal proceedings, and the commencement of one proceeding by the ~~Board of Medical and~~ ~~Osteopathic Examiners~~ board constitutes an election.

§ 36-29-29

Repealed

-53

Section 36-29-29 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2024 bill was introduced.

~~Source: SL 1984, ch 255, § 29; SL 2024, ch 162, § 24.~~

§ 36-29-3

Amended

+84-38

Section 36-29-3 — AMENDED

The ~~Board of Medical and Osteopathic Examiners~~ board shall issue an ~~athletic trainer~~ a license to ~~any applicant~~ practice athletic training to an individual who: (1) ~~Has a baccalaureate degree and has met the athletic training course requirements~~ ~~of a college or university approved by the board~~Submits an application prescribed by the board; ~~and~~ (2) ~~Has passed an examination~~Submits an application fee in an amount established by the board; and (3) Presents evidence satisfactory to the board that: (a) The individual has completed all qualifications established by the Board of Certification for the Athletic Trainer and has passed a nationally accredited exam approved by the ~~board~~ State Board of Medical and Osteopathic Examiners; or 33 (b) The individual is certified in good standing by the Board of Certification for the Athletic Trainer.

§ 36-29-3.1

Repealed

-52

Section 36-29-3.1 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2024 bill was introduced.

~~Source: SL 1998, ch 238, § 1; SL 2024, ch 162, § 14.~~

§ 36-29-30

Repealed

-180

Section 36-29-30 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2024 bill was introduced.

~~Source: SL 1984, ch 255, § 30; SL 2024, ch 162, § 25. 36-30-1 Definitions. 36-30-2 License required--Violation as misdemeanor. 36-30-3 Qualifications for license--Application--Fee.~~

§ 36-29-5

Repealed

-52

Section 36-29-5 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2024 bill was introduced.

~~Source: SL 1984, ch 255, § 5; SL 2024, ch 162, § 15.~~

§ 36-29-6

Amended

+24-34

Section 36-29-6 — AMENDED

The ~~Board of Medical and Osteopathic Examiners~~ board shall promulgate rules, pursuant to chapter 1-26, to set ~~the fees to be paid by an applicant to determine~~ ~~his fitness to receive a license to practice athletic training. The fees may not exceed one~~ ~~hundred dollars~~: (1) Application fees, not to exceed one hundred dollars; and (2) Licensure renewal fees, not to exceed fifty dollars.

§ 36-29-7

Repealed

-52

Section 36-29-7 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2024 bill was introduced.

~~Source: SL 1984, ch 255, § 7; SL 2024, ch 162, § 16.~~

§ 36-29-8

Amended

+9-26

Section 36-29-8 — AMENDED

The board shall appoint an athletic training committee composed of three athletic trainers who are residents of this state ~~who are licensed to practice athletic~~ ~~training in the state~~. ~~This~~ The committee shall meet at least annually or as necessary to conduct business. The committee shall assist the board ~~in conducting exams and shall~~ ~~assist the board~~ in all matters pertaining to the licensure, practice, and discipline ~~of those~~ ~~licensed to practice~~ athletic ~~training~~ trainers in this state and the establishment of rules pertaining to athletic training. Each committee member shall serve a term of three years. No committee member may be appointed to more than three consecutive, full terms. If a vacancy arises due to death, retirement, or removal from the state, the vacancy ~~shall~~ must be filled in the same manner as an original appointment. The member shall serve the remainder of the unexpired term. The appointment to an unexpired term is not considered a full term. The committee shall meet the requirements of chapter 1-25 regarding open meetings.

§ 36-29-9

Repealed

-52

Section 36-29-9 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2024 bill was introduced.

~~Source: SL 1984, ch 255, § 9; SL 2024, ch 162, § 17.~~

Section 36-29-18 — AMENDED