The amendment removed the emergency declaration and instead refocused the bill on requiring the Cosmetology Commission to promulgate rules governing how work experience can substitute for educational hours for out-of-state applicants, while also reorganizing and clarifying the statute's language around licensure requirements. This change NARROWS the bill from an emergency measure to a more targeted regulatory clarification that emphasizes the commission's rulemaking authority rather than imposing a direct requirement.
26.349.12 26.349.13 101st Legislative Session 1194 2026 South Dakota Legislature House Bill 1194 SENATE COMMERCE AND ENERGY ENGROSSED Introduced by: Representative Schwans Underscores indicate new language. Overstrikes indicate deleted language. An Act to require that clarify authority for the Cosmetology Commission to credit work 1 experience for 1 educational hours for certain out-of-state licensure applicants applicants, 2 and to declare 2 an emergency. require the commission to promulgate rules therefor. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 Section 1. That § 36-15-13 be AMENDED: 5 36-15-13. The commission may shall promulgate rules, in accordance with 6 chapter 1-26, 6 pertaining to the following: 7 (1) Application requirements for any license or permit, as provided for in this chapter; 8 (2) Examination and associated fees; 9 (3) Reports of a student's education and work performed; 10 (4) Minimum standards and requirements for a cosmetology, nail technology, and 11 esthetics salon and school; 12 (5) Minimum standards for plumbing, electrical, physical, and sanitary conditions for 13 the health and safety of an individual utilizing a cosmetology, nail technology, or 14 esthetics salon or school; 15 (6) The professional conduct of a licensee; 16 (7) The reinstatement of a lapsed license and lapsed renewal, as provided for in § 36-17 15-20.1; 18 (8) The fee for a lapsed license and lapsed renewal, as provided for in § 36-15-20.1; 19 (9) The course and education requirements received by a transfer student, as provided 20 for in § 36-15-34; 21 (10) The textbooks, educational material, and the general course of study for a school 22 and for a cosmetology salon and nail salon having an apprentice, as provided for 23 in § 36-15-46; 24 (11) The progress and education received by an apprentice, as provided for in § 36-15-25 48; 26 26.349.12 26.349.13 2 1194 Underscores indicate new language. Overstrikes indicate deleted language. (12) The fees for all inspections, licenses, permits, and renewals; 1 (13) Minimum standards for the use of chemicals or any mechanical or electrical 2 apparatus or appliance; 3 (14) Amount of work experience of an out-of-state licensed applicant that may be used 4 may use as a substitute for the education requirement, as provided for in §§ 36-15-2.3, 36-5 15-17, 15-2.3, 36-15-17, and 36-15-17.1; 36-15-17.1 for a cosmetology, nail technician, or esthetics 6 license; 7 (15) Inspection and reinspection of an individual licensee, salon, and school; 7 (16)(15) 8 (16) Inspection requested by a prospective salon or booth; 8 (17)(16) 9 (17) Administration and duties of the commission; and 9 (18)(17) 10 (18) Minimum hours of education for esthetics licensing. 10 11 Section 2. That § 36-15-19.2 be AMENDED: 11 12 36-15-19.2. The commission may waive the examination required in § 36-15-12 36-15-13 19.1, 36-15-19.3, or in 36-15-19.5 upon for an individual who holds a license to engage 13 14 in the practices of cosmetology, from another state, district, territory, or foreign country, 14 15 if: 15 16 (1) The individual: 16 17 (a) Submits an application made to the commission that the applicant 17 18 possesses, accompanied by the fee provided for in this chapter; 18 19 (b) Possesses the qualifications required pursuant to § 36-15-15, and that: 19 20 (1) The applicant holds a currently valid license issued by another state, district, 20 21 or foreign country and the; 21 22 (c) Has passed an examination acceptable to the commission in cosmetology, 22 23 nail technology, or esthetics, as applicable; and 23 24 (d) Has passed a written examination, prescribed by the commission, on the 24 25 provisions of this chapter and rules adopted pursuant to this chapter; and 25 26 (2) The requirements of that state, district, or foreign country, at the time of the 26 27 examination required by subsection (c) of subdivision (1), were equal to or not less 27 28 than those required by this state; 28 29 (2) The applicant has passed an examination acceptable to the commission in 29 30 cosmetology, nail technology, or esthetics, as applicable; 30 31 (3) The applicant shall take the prescribed written examination on the provisions of 31 32 this chapter and rules adopted pursuant to this chapter. The commission shall 32 33 determine the contents of the examination; and 33 26.349.12 34 26.349.13 3 1194 Underscores indicate new language. Overstrikes indicate deleted language. (4) The application is accompanied by the fee provided for in this chapter, except as 1 otherwise provided in section this section. 2 The commission may issue a license to an out-of-state applicant, who holds a 3 of this Act. 2 Section 3. That a NEW SECTION be added to chapter 36-15: 3 If an applicant licensed by another state, district, territory, or foreign country holds 4 a cosmetology-related license that is not equivalent to a cosmetology, nail technology, or 5 4 esthetics license in this state, if the commission applicant possesses sufficient work experience to 5 qualify for enough work experience credit to compensate for any deficiency in education 6 hours, as set forth in rules of the commission, and otherwise meets the requirements of 7 this section. The work experience must allow be relevant to the license sought by the applicant. 8 Section 3. No later than September 1, 2026, the Cosmetology Commission shall, pursuant 9 to chapter 1-26, provide for and file with the secretary of state, the amendment of 10 § 20:42:03:06.01, as set forth below: 11 20:42:03:06.01. Applicant for licensure by reciprocity allowed credit for relevant 12 work 6 experience. An applicant for licensure by reciprocity may be allowed credit for work 13 experience to apply toward the as follows: 14 (1) Cosmetologist license:, a maximum of 750 seven hundred fifty hours of 15 the school education hours required for the cosmetology, nail 7 technician, or esthetics license, as applicable. 8 The commission shall credit two in § 20:42:06:09 may be earned through work 16 experience. Two hours of work experience in the applicable field as 9 equals one hour of school education. Only work experience that occurred after the applicant was 10 initially licensed may be credited. The work experience hours may not be credited for more 11 than half of the hours of education required for the license. 12 The applicant shall submit documentation to the commission, in the form and 13 manner required by the commission, demonstrating the relevant work experience. The 14 commission may deny the issuance of a license, regardless of the amount of work 15 experience submitted by the applicant, if the commission determines that the applicant is 16 not competent for the applicable license. 17 If the 17 applicant obtained the work experience more than five years before the date of the 18 of application, the commission may require the applicant to must take a commission-approved safety and infection control 19 procedures course in order to receive credit for the work experience; 20 (2) Nail technician license:, a maximum of 200 two hundred hours of the 21 school education hours required in § 20:42:06:09.01 may be earned through work 22 experience. Two hours of work experience equals one hour of school education. If the 23 applicant obtained the work experience more than five years before the date of the 24 application, the applicant must take a commission-approved safety and infection control 25 procedures course in order to receive credit for the work experience; and 26 (3) Esthetician license:, a maximum of 300 three hundred hours of the school 27 education hours required in § 20:42:06:09.02 may be earned through work experience. 28 Two hours of work experience equals one hour of school education. If the applicant 29 obtained the work experience more than five years before the date of the application, the 30 applicant must take a commission-approved safety and infection control procedures course. 20 Section 4. Whereas, this Act is necessary 31 course in order to receive credit for the immediate preservation work experience. 32 If the applicant holds a cosmetology-related license that is not equivalent to a 33 cosmetology, nail technology, or esthetics license in this state, the commission may allow 34 26.349.13 4 1194 Underscores indicate new language. Overstrikes indicate deleted language. credit for relevant work experience to apply toward the hours of education in the public peace, 21 health, or safety, an emergency is hereby declared to exist, and same 1 manner as provided in this Act shall be in full force 22 and effect from and after its passage and approval. 23 section for the applicable license sought by the applicant. 2 Source: 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, 3 effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 24 SDR 2, effective July 4 23, 1997; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 31 5 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013; 47 SDR 8, 6 effective August 3, 2020. 7 General Authority: SDCL 36-15-13(14). 8 Law Implemented: SDCL 36-15-19.2. 9