South Dakota Statutes

Title 36 - PROFESSIONS AND OCCUPATIONS

Chapter 01 - Restoration Of Professional And Occupational Licenses After Military Service
- Section 36-1-1 - Veterans entitled to reinstatement of professional or occupational status afterdischarge--Compliance with current requirements--Written evidence of authority.
- Section 36-1-2 - Components of armed forces in which qualifying service rendered.
Chapter 01A - Review Of Applications For Regulation [Repealed]
- Section 36-1A-1 - Repealed.
- Section 36-1A-5 - Repealed.
- Sections 36-1A-2 to 36-1A-4 - Repealed
Chapter 02 - Practitioners Of Healing Arts In General
- Section 36-2-1 - Definition of terms.
- Section 36-2-1.1 - Repealed.
- Section 36-2-10 - Religious practitioners exempt.
- Section 36-2-11 - Repealed.
- Section 36-2-12 - Injunction to prevent violations--Election of remedies.
- Section 36-2-13 - Practice statutes not repealed.
- Section 36-2-14 - Transferred.
- Section 36-2-15 - Discrimination between practitioners of vision services prohibited to publicemployees.
- Section 36-2-16 - Medical records released to patient or designee on request--Expenses paid by patient--Violation as misdemeanor.
- Section 36-2-17 - Immunity from liability for furnishing records to patient.
- Section 36-2-18 - Unaffiliated health care facility.
- Section 36-2-19 - Practitioner prohibited from referring patient to certain unaffiliated health carefacilities.
- Section 36-2-2 - License required to diagnose or treat human ills--Practice subject to statutorylimitations--Violation as misdemeanor.
- Section 36-2-20 - Assistance in birth if occurs other than in hospital or medical clinic.
- Section 36-2-21 - Department authorized to process waiver requests for international medicalgraduates.
- Section 36-2-3 - Use of word "doctor" as evidence of practice--Basic science certificate required.
- Section 36-2-4 - Legally qualified persons exempt.
- Section 36-2-5 - Persons holding academic degrees exempt.
- Section 36-2-6 - Psychoanalysts exempt.
- Section 36-2-7 - Psychologists exempt.
- Section 36-2-8 - Officers of armed forces and federal service exempt.
- Section 36-2-9 - Consulting practitioners from other states exempt.
Chapter 02A - Health Professionals Diversion Program
- Section 36-2A-1 - Definitions.
- Section 36-2A-10 - Fees and costs paid by diversion program participant.
- Section 36-2A-11 - Basis for termination of, participation in diversion program--Report to disciplinaryreview board.
- Section 36-2A-12 - Confidentiality of diversion program participants' records--Statistical reports.
- Section 36-2A-13 - Liability for reports of practicing while impaired, or of diversion programparticipant's progress.
- Section 36-2A-14 - Joint promulgation of rules for diversion program by Board of Nursing and Board ofMedical and Osteopathic Examiners.
- Section 36-2A-2 - Joint diversion programs authorized.
- Section 36-2A-3 - Service committee for joint diversion programs--Duties.
- Section 36-2A-4 - Establishment of diversion evaluation committees.
- Section 36-2A-5 - Duties of diversion evaluation committees.
- Section 36-2A-6 - Application to diversion program--Admission evaluation.
- Section 36-2A-7 - Eligibility for diversion program.
- Section 36-2A-8 - Denial of admission to diversion program.
- Section 36-2A-9 - Recommendations of diversion program monitoring services.
Chapter 03 - Basic Science Certificates [Repealed]
Chapter 04 - Physicians And Surgeons
- Section 36-4-1 - Board of examiners--Appointment and terms of members--Vacancies.
- Section 36-4-10 - Practitioners and officers exempt from chapter--Application to previously licensedphysicians.
- Section 36-4-11 - Application for license--Qualifications of licensee--Examination--Educationalrequirements.
- Section 36-4-12 - Repealed.
- Section 36-4-12.1 - Application of medical or osteopathic college for approval--Inspection.
- Section 36-4-12.2 - List of approved colleges.
- Section 36-4-12.3 - Hearing on refusal to approve college.
- Section 36-4-12.4 - Information furnished by approved colleges.
- Section 36-4-12.5 - Hearing on refusal to renew approval of college.
- Section 36-4-13 - Hospitals recognized for internship--Inspection by board.
- Section 36-4-14 - Repealed.
- Section 36-4-15 - False or fraudulent diploma or affidavit as misdemeanor.
- Section 36-4-16 - Return of fee on withdrawal of application or failure to examine.
- Section 36-4-17 - Written examination required--Discrimination between systems of medicineprohibited--Minimum grade--Reexamination--Fee--Preservation of grades.
- Section 36-4-17.1 - Examination of applicant with dual MD-PhD degree.
- Section 36-4-18 - Grant of license to practice--Type of practice stated on license.
- Section 36-4-19 - License based on certificate from national board or another state--Fee.
- Section 36-4-19.1 - Contents of application for license based on certificate from national board or anotherjurisdiction--Consideration by board.
- Section 36-4-2 - Composition of board--Qualifications of members.
- Section 36-4-2.1 - Lay members of board--Appointment and term of office.
- Section 36-4-20 - Temporary permits for supervised practice in state institution--Qualifications ofapplicants--Duration and renewal.
- Section 36-4-20.1 - Locum tenens certificate defined.
- Section 36-4-20.10 - Application for resident training permit.
- Section 36-4-20.11 - Term of permit--Authorized practice of medicine--Restrictions.
- Section 36-4-20.12 - Renewal of resident certificate or resident training permit.
- Section 36-4-20.13 - Time for renewal--Forfeiture of resident certificate or resident training permit.
- Section 36-4-20.2 - Petition and application for locum tenens certificate--Fee--Personal appearancerequired.
- Section 36-4-20.3 - Issuance of locum tenens certificate by single member of board--Notice to othermembers--Objections and cancellation.
- Section 36-4-20.4 - Duration of locum tenens certificates--Privileges of certificate holder.
- Section 36-4-20.5 - Repealed.
- Section 36-4-20.6 - Resident certificate defined.
- Section 36-4-20.7 - Issuance of resident certificate--Application--Fee.
- Section 36-4-21 - Repealed.
- Section 36-4-22 - Repealed.
- Section 36-4-22.1 - Board access to premises where medicine practiced--Inspection of drug records andinventories--Refusal as misdemeanor--Confidentiality.
- Section 36-4-22.2 - Report of facility suspending or revoking licensee's privilege to practice medicinetherein--Immunity.
- Section 36-4-23 - Advertising and printed material to show type of practice for which licensed--Violation as misdemeanor.
- Section 36-4-24 - Repealed.
- Section 36-4-24.1 - Renewal of license--Form--Fee.
- Section 36-4-24.2 - Forfeiture of license for failure to renew--Renewal on application.
- Section 36-4-24.3 - Practice without license, certificate, or permit and renewal prohibited--Violation asmisdemeanor.
- Section 36-4-25 - Immunity from liability for acts of members of professional committees or hospitalofficials.
- Section 36-4-26 - Hospital and society liability not affected by immunity.
- Section 36-4-26.1 - Proceedings of peer review committees confidential and privileged--Availability tophysician subject of proceedings.
- Section 36-4-26.2 - Patient records available to patient--Expert opinion as to care of patient--Restrictionson use of expert testimony.
- Section 36-4-27 - Violation of chapter as misdemeanor.
- Section 36-4-28 - Grounds for refusal of license, certificate, or permit.
- Section 36-4-29 - Grounds for cancellation, revocation, suspension or limitation of license, certificate,or permit.
- Section 36-4-29.1 - Summary suspension of license, certificate, or permit--Hearing.
- Section 36-4-3 - Officers of board--Executive secretary--Seal.
- Section 36-4-30 - Acts considered unprofessional conduct--Criminal prosecution.
- Section 36-4-31 - Proceedings for cancellation, revocation, or suspension of license, certificate, orpermit.
- Section 36-4-31.4 - Reissuance of canceled, suspended, or revoked license, certificate, or permit.
- Section 36-4-31.5 - Evidence in cancellation, revocation, suspension, or limitation proceedingsconfidential.
- Section 36-4-31.6 - Application of contested case procedure.
- Section 36-4-32 - Suspension of license, certificate, or permit for mental incompetence.
- Section 36-4-33 - Appeal from acts, rulings or decisions of Board of Examiners.
- Section 36-4-34 - Injunction to restrain practice for statutory violation, unprofessional conduct, orincompetence--Election of remedies.
- Section 36-4-35 - Promulgation of rules by board.
- Section 36-4-36 - Previously licensed physicians not affected.
- Section 36-4-37 - Transfer of active patient records--Destruction--Notice.
- Section 36-4-38 - Destruction of inactive patient records.
- Section 36-4-39 - Practice of medicine or osteopathy by holder of permanent, unrestricted license.
- Section 36-4-4 - Meetings of board.
- Section 36-4-4.1 - Board continued within Department of Health--Records and reports.
- Section 36-4-40 - Supervision and discipline of holder of permanent, unrestricted license to practicemedicine or osteopathy.
- Section 36-4-5 - Compensation and expenses of board members--Fees held in special fund--Bond--Payments from fund.
- Section 36-4-6 - Equipment, supplies, and services for board--Expenses restricted to revenue.
- Section 36-4-7 - Annual report to Governor.
- Section 36-4-8 - Practice of medicine without a license, certificate, or permit as misdemeanor.
- Section 36-4-8.1 - Corporation prohibited from practice of medicine or osteopathy.
- Section 36-4-8.2 - Surgery constituting practice of medicine.
- Section 36-4-9 - Use of title and other acts constituting practice of medicine.
- Sections 36-4-20.8, 36-4-20.9 - Term of resident certificate--Authorized practice of medicine. Resident training permit defined
- Sections 36-4-31.1 to 36-4-31.3 - Omitted
- Sections 36-4-41, 36-4-42 - Practice of medicine or osteopathy in South Dakota while located outside of state. Peer review committee defined
Chapter 04A - Physician Assistants
- Section 36-4A-1 - Definition of terms.
- Section 36-4A-1.1 - Practice agreement defined.
- Section 36-4A-10 - Assistants practicing when chapter enacted.
- Section 36-4A-19.1 - Repealed.
- Section 36-4A-20 - Repealed.
- Section 36-4A-20.1 - Practice agreement not to include abortion.
- Section 36-4A-26.1 - Physician assistant as agent of supervising physician--Provision of services delegatedin practice agreement.
- Section 36-4A-26.2 - Emergency or disaster services--Physician supervision.
- Section 36-4A-26.3 - Civil liability for voluntary or gratuitous emergency medical assistance.
- Section 36-4A-27 - Practice of auxiliary professions not authorized.
- Section 36-4A-28 - Hospital rules applicable.
- Section 36-4A-29 - Physician supervision--Methods.
- Section 36-4A-29.1 - Modification of method and frequency of supervision--Number of physicianassistants--Application.
- Section 36-4A-29.2 - Conditions for physician supervision.
- Section 36-4A-3.1 - Board to appoint advisory committee--Terms--Duties.
- Section 36-4A-30 - Physician not relieved of professional responsibility.
- Section 36-4A-30.1 - Employment arrangement of physician and physician assistant not limited.
- Section 36-4A-31 - Renewal of physician assistant's license--Form.
- Section 36-4A-32 - Continuing education required for renewal.
- Section 36-4A-33 - Suspension of license not renewed--Reinstatement.
- Section 36-4A-34 - Fees.
- Section 36-4A-35 - Repealed.
- Section 36-4A-36 - Collection and disposition of fees--Refunds not permitted.
- Section 36-4A-37 - Nonrenewal, suspension, or revocation of license--Other disciplinary action.
- Section 36-4A-38 - Unprofessional or dishonorable conduct defined.
- Section 36-4A-39 - Right of appeal from board.
- Section 36-4A-4 - Unlawful practice as misdemeanor--Each violation as separate offense.
- Section 36-4A-40 - Suspension of license for mental incompetence.
- Section 36-4A-41 - Reissuance of canceled, revoked, or suspended license.
- Section 36-4A-42 - Promulgation of rules by board.
- Section 36-4A-5 - Student activities not limited.
- Section 36-4A-6 - Federal employees' activities not limited--Christian Scientists.
- Section 36-4A-7 - Repealed.
- Section 36-4A-8 - Issuance of license--Qualifications.
- Section 36-4A-8.1 - Temporary license--Expiration.
- Section 36-4A-9 - Repealed.
- Sections 36-4A-11 to 36-4A-19 - Repealed
- Sections 36-4A-2, 36-4A-3 - Repealed
- Sections 36-4A-21 to 36-4A-26 - Repealed
Chapter 04B - Advanced Life Support Personnel
- Section 36-4B-1 - Definition of terms.
- Section 36-4B-10 - Implementation and approval of educational programs in advanced life support--Applications for approval.
- Section 36-4B-11 - Notice to board of changes in directorship or content of educational programs.
- Section 36-4B-12 - Withdrawal of approval for failure of educational program to meet requirements.
- Section 36-4B-13 - Issuance of advanced life support licenses--Qualifications of applicants.
- Section 36-4B-14 - Licensing without examination of licensee from another state.
- Section 36-4B-15 - Medical supervision of advanced life support personnel.
- Section 36-4B-16 - Practices permitted by emergency medical technician-intermediate/99.
- Section 36-4B-16.1 - Practices permitted by emergency medical technician-intermediate/85.
- Section 36-4B-17 - Practices permitted by licensed paramedics.
- Section 36-4B-18 - Additional tasks permitted with adequate training and proficiency.
- Section 36-4B-19 - Functions delegated to other professions not authorized for advanced life supportpersonnel.
- Section 36-4B-2 - Program created--Implementing agencies.
- Section 36-4B-20 - Hospital and institutional rules applicable.
- Section 36-4B-21 - Immunity from liability of licensees--Exceptions.
- Section 36-4B-22 - Immunity from liability of sponsoring organization--Exceptions.
- Section 36-4B-23 - Immunity from liability of representatives of sponsoring organization--Exceptions.
- Section 36-4B-24 - Immunity from liability of supervising physician--Exception.
- Section 36-4B-25 - Immunity from liability of physician transferring patient--Conditions forimmunity.
- Section 36-4B-26 - Annual renewal of license required--Form.
- Section 36-4B-27 - Fee for annual renewal--Continuing education--Letters from supervisingphysician and employer--Notice to board of termination of employment.
- Section 36-4B-28 - Suspension on failure to renew license--Reinstatement.
- Section 36-4B-29 - Annual establishment of license and examination fees--Minimum and maximumamounts.
- Section 36-4B-3 - Practice or holding out as medical technician or paramedic as misdemeanorunless licensed--Each violation a separate offense.
- Section 36-4B-30 - Monthly payment of receipts into treasury--Credit to fund--Appropriation forexpenses.
- Section 36-4B-31 - Grounds for denial, suspension or revocation of license.
- Section 36-4B-32 - Appeal of board decisions.
- Section 36-4B-33 - Suspension of license for mental incompetency--Restoration to reason.
- Section 36-4B-34 - Reissuance of canceled, suspended or revoked license.
- Section 36-4B-34.1 - Peer review committee--Activities--Liability of members.
- Section 36-4B-34.2 - Data of peer review committee--Disclosure--Discovery--Admissibility--Testimony.
- Section 36-4B-35 - Rules for administration and professional conduct.
- Section 36-4B-36 - Prohibited rules.
- Section 36-4B-37 - Advanced life support personnel advisory committee--Appointment--Terms--Duties.
- Section 36-4B-38 - Training on use of auto-injector for emergency administration of epinephrine.
- Section 36-4B-4 - Authorized activities of advanced life support students--Supervision.
- Section 36-4B-5 - Federal personnel not restricted--Religious groups not practicing medicine.
- Section 36-4B-6 - Grant of student status--Qualifications of applicants.
- Section 36-4B-7 - Administrative requirements for educational programs in advanced life support.
- Sections 36-4B-34.3, 36-4B-34.4 - Application of § 36-4B-34.2 to observations made and records prepared during treatment--Testimony as witness. Peer review activity defined
- Sections 36-4B-8, 36-4B-9 - Repealed
Chapter 04C - Respiratory Care Practitioners
- Section 36-4C-1 - Definition of terms.
- Section 36-4C-10 - Qualification for license.
- Section 36-4C-11 - Fee required for license or temporary permit.
- Section 36-4C-12 - Renewal of license.
- Section 36-4C-13 - Prescription and publication of fees.
- Section 36-4C-14 - Promulgation of rules to set standards of practice.
- Section 36-4C-15 - Revocation, suspension or cancellation of license or permit--Grounds.
- Section 36-4C-16 - Initiation of revocation, suspension, or cancellation proceeding.
- Section 36-4C-17 - Majority of board required for revocation, suspension or cancellation proceedings.
- Section 36-4C-18 - Procedures for revocation, suspension or cancellation of license.
- Section 36-4C-19 - Appeal by aggrieved party.
- Section 36-4C-2 - Respiratory care defined.
- Section 36-4C-20 - Reinstatement of license or permit.
- Section 36-4C-21 - Record keeping responsibilities of secretary of board.
- Section 36-4C-22 - Recommendation of prosecution and civil actions.
- Section 36-4C-23 - Investigation of violations.
- Section 36-4C-3 - Respiratory care authorized.
- Section 36-4C-4 - Respiratory Care Practitioner's Advisory Committee--Membership--Duties.
- Section 36-4C-5 - Use of title and abbreviation.
- Section 36-4C-6 - Medical practice not authorized.
- Section 36-4C-7 - Construction of chapter.
- Section 36-4C-8 - Temporary permit.
- Section 36-4C-9 - Written application--Requirements.
Chapter 05 - Chiropractors
- Section 36-5-1 - Scope of practice--Limitations--Inapplicability to physicians.
- Section 36-5-10 - Application for examination.
- Section 36-5-11 - License fee.
- Section 36-5-12 - Scope of examinations--Waiver of examinations--Minimum grade--Reexaminations.
- Section 36-5-13 - License without examination on certification from another state or national board--Fee.
- Section 36-5-14 - Signature, seal and display of license.
- Section 36-5-14.1 - Annual renewal of license--Fee.
- Section 36-5-14.2 - Additional requirements for annual license.
- Section 36-5-14.3 - Certain healing arts practitioners to participate in alternate health care deliverysystems.
- Section 36-5-15 - Rules of practice governing chiropractors--Privileges.
- Section 36-5-15.1 - Student associate program.
- Section 36-5-15.2 - Regulation and licensing of practice of chiropractic and chiropractic radiography--Enforcement--Hearing officers.
- Section 36-5-15.3 - Education and experience requirement rules for practice of chiropractic radiography.
- Section 36-5-15.4 - Definitions.
- Section 36-5-15.5 - Unlicensed practice of chiropractic radiography as misdemeanor.
- Section 36-5-16 - Grounds for refusal or revocation of license--Procedure.
- Section 36-5-16.1 - Suspension, reprimand, or probation in lieu of revocation--Hearing.
- Section 36-5-17 - Appeal from Board of Examiners.
- Section 36-5-18 - South Dakota Chiropractors Association--Purpose.
- Section 36-5-19 - Peer review committee--Immunity from liability--Conditions--Official immunityunaffected--Fee.
- Section 36-5-2 - Advertising or practicing without license or annual license renewal--Misdemeanor.
- Section 36-5-2.1 - Injunction to prevent violations.
- Section 36-5-2.2 - Liability of violators for enforcement expenses.
- Section 36-5-20 - Disciplinary committee--Immunity from liability--Conditions--Official immunityunaffected.
- Section 36-5-21 - Ethics committee--Immunity from liability--Conditions--Official immunityunaffected--Promulgation of rules.
- Section 36-5-22 - Criminal background investigation of applicants for licensure.
- Section 36-5-23 - Chiropractic assistant defined.
- Section 36-5-24 - Application for certification as chiropractic assistant.
- Section 36-5-25 - Minimum educational and training requirements--Continuing educationrequirements.
- Section 36-5-28 - Revocation or suspension of registration.
- Section 36-5-3 - Composition of Board of Examiners--Appointment and terms--Vacancies.
- Section 36-5-3.1 - Lay member of board--Appointment and term of office.
- Section 36-5-4 - Officers of board--Rules and regulations--Examination of candidates--Bond ofsecretary-treasurer.
- Section 36-5-4.1 - Board continued within Department of Health--Records and reports.
- Section 36-5-5 - Compensation and expenses of board members.
- Section 36-5-6 - Special fund for expenses of board.
- Section 36-5-7 - Repealed.
- Section 36-5-8 - Educational requirements for license.
- Section 36-5-9 - Certifications of satisfactory course completion to be filed.
- Sections 36-5-26, Out-of-state - applicants. 36-5-27 Additional requirements for certification
Chapter 06 - Dentists And Dental Hygienists [Transferred]
Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries
- Section 36-6A-1 - Board of Dentistry--Number of members--Qualifications.
- Section 36-6A-10 - Seal of board--Meetings--Examinations.
- Section 36-6A-11 - Quorum--Majority required for decision--Meeting on call of majority of members.
- Section 36-6A-12 - Removal of member--Disqualification of member subject to disciplinary proceedings.
- Section 36-6A-13 - Immunity of members from civil liability.
- Section 36-6A-14 - Powers and duties of board.
- Section 36-6A-15 - Restrictions on rule-making power of board.
- Section 36-6A-16 - Enforcement of chapter.
- Section 36-6A-17 - Employment of assistance in enforcement--Action for injunction--Election ofremedies--Legal representation of board.
- Section 36-6A-18 - Assistance in enforcement proceedings--Expenditure of funds--Employment ofattorney.
- Section 36-6A-19 - Subpoena power of board--Administration of oaths.
- Section 36-6A-2 - Repealed.
- Section 36-6A-20 - Depositions.
- Section 36-6A-21 - Dental radiography--Requirements for practice.
- Section 36-6A-22 - Complaints filed with board--Records maintained--Investigation--Dismissal--Appeal--Disciplinary procedure.
- Section 36-6A-23 - Sanctions authorized in disciplinary proceedings.
- Section 36-6A-24 - Summary suspension of license--Grounds--Hearing--Appeal.
- Section 36-6A-25 - Reinstatement of suspended or revoked license or registration.
- Section 36-6A-26 - Definition of terms.
- Section 36-6A-27 - Immunity from liability for acts of members of professional committees--Confidentiality of committee communications.
- Section 36-6A-28 - Unauthorized practice or representation as dentist, dental hygienist, dentalradiographer, or dental specialist as misdemeanor.
- Section 36-6A-29 - Restrictions on advertising--Violation as misdemeanor.
- Section 36-6A-3 - Appointment and term of lay member.
- Section 36-6A-30 - Sale, offer, or advertising of dental services by unlicensed person prohibited--Violation as misdemeanor.
- Section 36-6A-31 - Authorization required to practice dentistry--Exclusive responsibility of dentists.
- Section 36-6A-32 - Scope of dental practice defined.
- Section 36-6A-32.1 - Exemption for certain community-based primary health organizations.
- Section 36-6A-32.2 - Exemption for mobile or portable dental unit operated by certain nonprofitorganizations.
- Section 36-6A-33 - Acts excluded from practice of dentistry.
- Section 36-6A-37 - Use of X-rays not considered practice of dentistry.
- Section 36-6A-38 - Religious practitioners' acts not considered practice of dentistry.
- Section 36-6A-39 - Fee-splitting as misdemeanor--Partnerships and employment excepted.
- Section 36-6A-4 - Terms of office on board--Vacancies.
- Section 36-6A-40 - Employment of hygienist--Scope of permitted practice--Preventive and therapeuticservices.
- Section 36-6A-41 - Dental auxiliaries--Education and training--Dentist's responsibility--Unauthorizedpractice.
- Section 36-6A-42 - Dental assistants--Education and training.
- Section 36-6A-43 - Dental technicians to work in dental laboratory or under dentist's supervision--Dentalappliance work on dentist's order--Intra-oral services.
- Section 36-6A-44 - Application for license to practice dentistry or dental hygiene--Requirements--Examination.
- Section 36-6A-45 - Examination required--Scope and nature.
- Section 36-6A-46 - Examination requirements satisfied by results of a national standardized test.
- Section 36-6A-47 - Licensing of dentist or hygienist from another state--Proof of character andprofessional standing--Examination on South Dakota rules.
- Section 36-6A-48 - Issuance or renewal of licenses--Inactive practitioners--Fees for licensing and testing.
- Section 36-6A-49 - Temporary registration--Requirements.
- Section 36-6A-5 - Officers of board.
- Section 36-6A-50 - Fees payable to board.
- Section 36-6A-51 - Fraud in securing license or annual registration as misdemeanor.
- Section 36-6A-52 - Annual renewal of license--Notice--Information and fee required--Suspension.
- Section 36-6A-53 - Annual renewal of registration--Notice--Information and fee required--Suspension.
- Section 36-6A-54 - Display of certificates--Names on office door.
- Section 36-6A-55 - Proof of continuing education required.
- Section 36-6A-56 - Acceptable proof of continuing education.
- Section 36-6A-57 - Reexamination on failure to continue education--Suspension of license.
- Section 36-6A-58 - Notice to board of change of address--Replacement of lost or destroyed license.
- Section 36-6A-59 - Grounds for disciplinary action--Hearing--Physical and mental examinations.
- Section 36-6A-6 - Board continued within Department of Health--Records and reports.
- Section 36-6A-7 - Acceptance of funds by board--Separate fund--Payments from fund--Expense limitedby revenue.
- Section 36-6A-8 - Compensation and expenses of board members--Salary of secretary-treasurer--Payment for services.
- Section 36-6A-9 - Affiliation with American Association and Central Regional Dental Testing Service--Dues--Delegates to meetings.
- Sections 36-6A-34, Out-of-state - dentist's acts not considered practice of dentistry
- Sections 36-6A-35, 36-6A-36 - Federal officers' acts not considered practice of dentistry. Dental appliance work on dentist's order not considered practice of dentistry
Chapter 07 - Optometrists
- Section 36-7-1 - Scope of practice defined.
- Section 36-7-1.1 - Restrictions on scope of practice.
- Section 36-7-1.2 - Prohibitions on use of oral therapeutics and oral steroids.
- Section 36-7-10 - Practice of optometry without certificate as misdemeanor.
- Section 36-7-11 - Citizenship, residence, character, educational and certification requirements forpractice.
- Section 36-7-12 - Application for examination--Fees--Reexamination.
- Section 36-7-12.1 - Pharmacology studies and clinical experience to be completed--Passing grade onpharmacology portion of national board examination to be attained.
- Section 36-7-12.2 - Criminal background check of new applicants and licensees under disciplinaryinvestigation.
- Section 36-7-13 - Licensure through endorsement from another United States jurisdiction--Fee--Promulgation of rules.
- Section 36-7-14 - Recording of certificate of registration.
- Section 36-7-15 - Rules and regulations of board--Scope.
- Section 36-7-15.1 - Rules to ensure competence to administer topical agents.
- Section 36-7-15.2 - Educational and examination requirements for certificate to administer topicalagents--Fee.
- Section 36-7-15.3 - Certification for use of therapeutic drugs--Examination for competency--List ofcertified optometrists to be provided to pharmacists--Certification notice--Telephone directory.
- Section 36-7-16 - Repealed.
- Section 36-7-17 - Practice as individual or partner required--Exception for authorized corporatepractice--Violation as misdemeanor--Optometrist not precluded from serving asofficer or director of heal
- Section 36-7-17.1 - Certain healing arts practitioners to participate in alternate health care deliverysystems.
- Section 36-7-18 - Display of certificate in office--Exhibition to state board--Receipt delivered forpractice outside office--Violation as misdemeanor.
- Section 36-7-19 - Advertising regulated by board--Fees not regulated.
- Section 36-7-20 - Annual renewal of certificate--Revocation on default--Restoration of certificate.
- Section 36-7-20.1 - Continuing education required--Purpose.
- Section 36-7-20.2 - Courses of continuing education specified by board--Certification of attendance--Waiver.
- Section 36-7-20.3 - Contracts to provide continuing education--Funds used--Federal matching grants.
- Section 36-7-22 - Repealed.
- Section 36-7-23 - Omitted.
- Section 36-7-24 - Grounds for revocation of certificate.
- Section 36-7-25 - Acts defined as unprofessional conduct--No basis for criminal prosecution.
- Section 36-7-26 - Appeal from Board of Examiners.
- Section 36-7-27 - Reinstatement of certificate after revocation.
- Section 36-7-28 - Injunction to prevent violation of chapter--Election of remedies.
- Section 36-7-29 - Immunity from liability of professional society committee members--Conditions--Official immunity unaffected.
- Section 36-7-3 - Composition of Board of Examiners--Qualifications of members--Terms of office--Persons ineligible for membership.
- Section 36-7-3.1 - Lay member of board--Appointment and term of office.
- Section 36-7-3.2 - Board continued within Department of Health--Records and reports.
- Section 36-7-30 - Entry and inspection by board--Purpose--Drug records and inventories.
- Section 36-7-31 - Use of therapeutic pharmaceutical agents to treat glaucoma or ocularhypertension--Education and examination required.
- Section 36-7-32 - Repealed.
- Section 36-7-33 - Repealed.
- Section 36-7-4 - Employment of counsel and personnel by board--Compensation and expenses.
- Section 36-7-5 - Administration of oaths and taking of testimony by board.
- Section 36-7-6 - Salary and expenses of board secretary--Payment from fees.
- Section 36-7-7 - Repealed.
- Section 36-7-8 - Annual determination of funds required.
- Section 36-7-9 - Repealed.
- Sections 36-7-2, 36-7-2.1 - Repealed
- Sections 36-7-20.4, 36-7-21 - Certificate of compliance with continuing education requirements--Exemptions. Remission of annual fee while in military service
Chapter 08 - Podiatrists
- Section 36-8-1 - Podiatric medicine defined.
- Section 36-8-10 - Time of examinations.
- Section 36-8-11 - Re-examination after failure to pass.
- Section 36-8-12 - Reciprocal licensing of podiatrists from other states.
- Section 36-8-13 - Display of licenses.
- Section 36-8-13.1 - Certain healing arts practitioners to participate in alternate health care deliverysystems.
- Section 36-8-14 - Licensee not to mislead as to qualifications.
- Section 36-8-15 - Fee for annual renewal--Duration of renewal certificate.
- Section 36-8-16 - Grounds for suspension or revocation of certificate.
- Section 36-8-17 - Acts constituting unprofessional or dishonorable conduct--No basis for criminalprosecution.
- Section 36-8-18 - Procedure for suspension or revocation of license.
- Section 36-8-19 - Appeal from Board of Examiners.
- Section 36-8-2 - Composition of State Board of Podiatry Examiners--Terms of office--Vacancies.
- Section 36-8-2.1 - Lay member of board--Appointment and term of office.
- Section 36-8-20 - Reinstatement of suspended or revoked license--Costs and fee.
- Section 36-8-21 - Repealed.
- Section 36-8-22 - Actions for injunction--Election of remedies.
- Section 36-8-23 - Participation in continuing education--Minimum hours.
- Section 36-8-24 - One-year residency required.
- Section 36-8-3 - Officers of board--Promulgation of rules by board--Seal.
- Section 36-8-4 - Monthly payment of receipts into treasury--Special account--Continuousappropriation--Expense not to exceed collections.
- Section 36-8-4.1 - Board continued within Department of Health--Records and reports.
- Section 36-8-5 - Repealed.
- Section 36-8-6 - Practice of podiatry without license and certificate as misdemeanor.
- Section 36-8-7 - Practices exempt from requirement of license.
- Section 36-8-8 - Qualifications of applicants for license.
- Section 36-8-9 - Application for examination--Fee.
Chapter 09 - Registered And Practical Nurses
- Section 36-9-1 - Definition of terms.
- Section 36-9-1.1 - Legislative findings, policy and intent.
- Section 36-9-10 - Repealed.
- Section 36-9-11 - Removal of board members.
- Section 36-9-11.1 - Board continued within Department of Health--Records and reports.
- Section 36-9-12 - Employment of executive secretary--Qualifications.
- Section 36-9-13 - Repealed.
- Section 36-9-14 - Duties and compensation of executive secretary.
- Section 36-9-15 - Delegation of activities to executive secretary.
- Section 36-9-16 - Employment of other persons by board.
- Section 36-9-17 - Meetings of board--Election of officers.
- Section 36-9-18 - Quorum of board.
- Section 36-9-2 - Evidence of qualification and license or certification required to practice nursing.
- Section 36-9-21 - Promulgation of rules by board.
- Section 36-9-24 - Deposit and withdrawal of fees received--Annual accounting--Compensation andexpenditures paid from fees.
- Section 36-9-25 - Balance of fees held by board--Use of fees.
- Section 36-9-26 - Repealed.
- Section 36-9-27 - Repealed.
- Section 36-9-28 - Practices not prohibited by chapter.
- Section 36-9-28.1 - Repealed.
- Section 36-9-29 - Board to examine, license, certify and renew licenses and certificates.
- Section 36-9-3 - Scope of registered nursing practice.
- Section 36-9-3.1 - Functions performed by nurse anesthetist--Collaboration with physician.
- Section 36-9-3.2 - Settings in which anesthetic functions performed.
- Section 36-9-30 - Proof of education required of registered nurse.
- Section 36-9-30.1 - Qualifications of nurse anesthetist.
- Section 36-9-31 - Examination required for registered nursing license--Issuance of license.
- Section 36-9-31.1 - Temporary permit for applicant pending examination--Practice under supervisionrequired.
- Section 36-9-31.2 - Temporary anesthetist permit pending examination results.
- Section 36-9-32 - Licensing of registered nurse from another state.
- Section 36-9-32.1 - Temporary permit for applicant holding license from another state.
- Section 36-9-32.2 - Temporary anesthetist permit to applicant from another state.
- Section 36-9-35 - Fees required of registered nurses.
- Section 36-9-36 - Title used by licensed registered nurse or certified registered nurse anesthetist.
- Section 36-9-37 - Proof of education required for practical nursing license.
- Section 36-9-38 - Examination required for licensed practical nursing license--Issuance of license.
- Section 36-9-38.1 - Temporary permit for licensed practical nursing pending examination--Practiceunder supervision required.
- Section 36-9-39 - Licensing of licensed practical nurse or vocational nurse from out of state.
- Section 36-9-39.1 - Temporary permit for licensed practical nurse from out of state.
- Section 36-9-4 - Scope of licensed practical nursing practice.
- Section 36-9-4.1 - Additional functions after special training of licensed practical nurse.
- Section 36-9-40 - Repealed.
- Section 36-9-41 - Omitted.
- Section 36-9-42 - Repealed.
- Section 36-9-43 - Fees required of licensed practical nurses.
- Section 36-9-44 - Title used by licensed practical nurse.
- Section 36-9-45 - Biennial renewal of license--Expiration date--Notice by board--Fee--Period ofrenewal.
- Section 36-9-45.1 - Biennial renewal of certificate--Expiration date--Procedure.
- Section 36-9-46 - Application for inactive status--Fee.
- Section 36-9-47 - Reinstatement of lapsed license or certificate--Fee.
- Section 36-9-47.1 - Evidence of current nursing skill required for reinstatement.
- Section 36-9-47.2 - Issuance of limited license to nurse enrolled in reentry program--Duration--Application for license or renewal certificate on completion of program.
- Section 36-9-48 - Repealed.
- Section 36-9-49 - Grounds for denial, revocation, or suspension of license, certification, orapplication.
- Section 36-9-49.1 - Physical or mental condition as ground for denial, revocation or suspension--Examination--Immediate suspension upon failure to submit.
- Section 36-9-5 - Appointment and composition of board.
- Section 36-9-50 - Repealed.
- Section 36-9-51 - Repealed.
- Section 36-9-51.1 - Hearing required for license or certificate revocation, suspension, or reissuance.
- Section 36-9-51.2 - Disciplinary proceedings to conform to administrative procedure.
- Section 36-9-51.3 - Majority of entire board required to suspend, revoke, or reissue license orcertification.
- Section 36-9-51.4 - Appeal by aggrieved party from board actions.
- Section 36-9-57 - Reissue of revoked or suspended license or certification.
- Section 36-9-58 - Approval by board of curricula and educational standards.
- Section 36-9-58.1 - Repealed.
- Section 36-9-58.2 - Application by institution to provide educational program.
- Section 36-9-58.3 - Survey of educational program of applicant institution--Interim approval.
- Section 36-9-58.4 - Denial of approval of educational program.
- Section 36-9-6 - Citizenship and residence requirements of board members--Oath of office.
- Section 36-9-64 - Survey of approved programs in state--Report to board.
- Section 36-9-64.1 - Fee and expenses for survey of educational institution.
- Section 36-9-65 - Repealed.
- Section 36-9-66 - Notice to institution of failure to maintain educational standards.
- Section 36-9-67 - Withdrawal of board approval on failure to correct deficiencies.
- Section 36-9-67.1 - Educational programs conducted or sponsored by board.
- Section 36-9-68 - Prohibited acts--Misdemeanor.
- Section 36-9-7 - Professional qualifications of registered nurse members of board.
- Section 36-9-71 - Unlicensed practice of nursing as public nuisance.
- Section 36-9-72 - Application by board for injunction to prevent unlawful practice--Election ofremedies--Temporary injunction.
- Section 36-9-75 - Repealed.
- Section 36-9-76 - Nurses' education assistance loan.
- Section 36-9-77 - Funding for nurses' education assistance loan program.
- Section 36-9-78 - Qualification criteria for nurses' education assistance loan.
- Section 36-9-79 - Number and distribution of loans from education assistance program.
- Section 36-9-8 - Education and experience requirements for licensed practical nurse members ofboard.
- Section 36-9-8.1 - Qualifications of public members of board.
- Section 36-9-80 - Restrictions on distributions from education assistance program.
- Section 36-9-81 - Promissory note required by recipient of disbursement from education assistanceprogram.
- Section 36-9-82 - Repayment of loans from education assistance program by employment.
- Section 36-9-83 - Repayment of loans from education assistance program not repaid by employment.
- Section 36-9-84 - Definition of durable medical equipment or therapeutic device.
- Section 36-9-85 - Evidence of qualifications required for license as clinical nurse specialist.
- Section 36-9-86 - Requirements for license as clinical nurse specialist.
- Section 36-9-87 - Practice of a licensed clinical nurse specialist.
- Section 36-9-88 - Title and abbreviation of clinical nurse specialist.
- Section 36-9-89 - Temporary permit for clinical nurse specialist awaiting exam results.
- Section 36-9-9 - Terms of office of board members--Appointment.
- Section 36-9-9.1 - Repealed.
- Section 36-9-90 - Temporary permit for out of state licensed clinical nurse specialist applicant--Issuance date and termination date.
- Section 36-9-91 - Promulgation of rules establishing fees.
- Section 36-9-92 - Interstate Nurse Licensure Compact.
- Section 36-9-93 - "Head of nurse licensing board" defined.
- Section 36-9-94 - Practice privileges--Power of board to limit or revoke.
- Section 36-9-95 - Nursing workforce center established--Funding.
- Section 36-9-96 - Powers of nursing workforce center.
- Sections 36-9-19, 36-9-20 - Repealed
- Sections 36-9-22, 36-9-23 - Repealed
- Sections 36-9-33, 36-9-34 - Repealed. , 36-9-34.1. Repealed
- Sections 36-9-52 to 36-9-56 - Repealed
- Sections 36-9-59 to 36-9-63 - Repealed
- Sections 36-9-69, 36-9-70 - Single act as proof of violation. Board to prosecute violations
- Sections 36-9-73, 36-9-74 - Omitted
Chapter 09A - Nurse Practitioners And Midwives
- Section 36-9A-1 - Definition of terms.
- Section 36-9A-10 - Repealed.
- Section 36-9A-11 - Titles--Use of.
- Section 36-9A-12 - Nurse practitioner functions.
- Section 36-9A-13 - Nurse midwife functions.
- Section 36-9A-13.1 - Advanced practice nursing functions.
- Section 36-9A-14 - Practice of pharmacy prohibited.
- Section 36-9A-15 - "Collaborative agreement" defined.
- Section 36-9A-16 - Repealed.
- Section 36-9A-17 - Advanced practice nursing and medical functions--Collaborative agreement required.
- Section 36-9A-17.1 - Modification of collaboration--Method and frequency.
- Section 36-9A-17.2 - Collaborative agreement not to include abortion.
- Section 36-9A-17.3 - Waiver of collaborative agreement requirement.
- Section 36-9A-18 - Repealed.
- Section 36-9A-19 - Hospital services--Rules and regulations.
- Section 36-9A-2 - Board license required to practice as nurse practitioner or nurse midwife.
- Section 36-9A-2.1 - Temporary permit to practice.
- Section 36-9A-2.2 - License to practice of person licensed under laws of other state.
- Section 36-9A-2.3 - Temporary permit issued to person licensed under laws of other state.
- Section 36-9A-20 - Practice status altered--New or amended collaborative agreement required.
- Section 36-9A-21 - Repealed.
- Section 36-9A-21.1 - List of approved programs.
- Section 36-9A-22 - Renewal of license.
- Section 36-9A-23 - Notice of renewal--Issuance of renewal license.
- Section 36-9A-24 - Reinstatement of lapsed license.
- Section 36-9A-25 - Inactive status--Request for.
- Section 36-9A-26 - Fees.
- Section 36-9A-27 - Deposit of fees--Withdrawal--Report of receipts and expenditures.
- Section 36-9A-28 - Balance of fees--Use--Deficit shared between boards.
- Section 36-9A-29 - Revocation or suspension of license--Grounds.
- Section 36-9A-3 - Unlicensed practice permitted in certain situations.
- Section 36-9A-30 - Revocation or suspension of license--Initiation of proceedings.
- Section 36-9A-31 - Revocation or suspension of license--Procedure.
- Section 36-9A-32 - Revocation or suspension of license--Physical or mental condition of holder--Examination.
- Section 36-9A-33 - Appeal of revocation or suspension.
- Section 36-9A-34 - Reissuance of revoked or suspended license.
- Section 36-9A-35 - Prohibited acts.
- Section 36-9A-36 - Proof of single act only required.
- Section 36-9A-39 - Temporary injunction--Grounds.
- Section 36-9A-4 - Licensing requirements.
- Section 36-9A-40 - Injunction an alternative to criminal proceedings.
- Section 36-9A-41 - Promulgation of rules by boards.
- Section 36-9A-42 - Locum tenens license.
- Section 36-9A-43 - Requirements for receiving locum tenens license--Petition.
- Section 36-9A-44 - Renewal of locum tenens license.
- Section 36-9A-45 - Post-graduate studies required to renew locum tenens license.
- Section 36-9A-5 - Joint control by nursing board and medical and osteopathic examiners board.
- Section 36-9A-5.1 - Board to appoint advisory committee--Terms--Duties.
- Section 36-9A-6 - Quorum required of boards--Concurrence required for action--Record of proceedings.
- Section 36-9A-7 - Subpoena and inspection powers of boards.
- Section 36-9A-8 - Delegation of activities to members or employees.
- Section 36-9A-9 - Filing of application for licensure--Form--Fee--Issuance of license.
- Sections 36-9A-37, 36-9A-38 - Prosecution of violations. Enjoining violations
Chapter 09B - Medical Assistants
- Section 36-9B-1 - Medical assistant defined.
- Section 36-9B-2 - Duties.
- Section 36-9B-3 - Registration required.
- Section 36-9B-4 - Application for registration--Renewal--Fees.
- Section 36-9B-5 - Registration by Board of Medical and Osteopathic Examiners.
- Section 36-9B-7 - Promulgation of rules for application and registration.
- Section 36-9B-8 - Revocation or suspension of registration--Committee.
- Sections 36-9B-6, Out-of-state - applicant
Chapter 10 - Physical Therapists
- Section 36-10-18 - Definition of terms.
- Section 36-10-18.1 - Physical therapy defined.
- Section 36-10-18.2 - Supervision defined.
- Section 36-10-19 - Physical therapy committee appointed--Functions.
- Section 36-10-20 - Repealed.
- Section 36-10-21 - Qualifications of committee members.
- Section 36-10-22 - Repealed.
- Section 36-10-23 - Omitted.
- Section 36-10-24 - Unlicensed practice or use of title as misdemeanor.
- Section 36-10-25 - Other licensed practitioners exempt from chapter.
- Section 36-10-26 - Prior licensees deemed licensed.
- Section 36-10-27 - Application for license--Fee--Evidence of qualifications.
- Section 36-10-28 - Examination of applicants for license--Fee.
- Section 36-10-29 - Issuance of license.
- Section 36-10-30 - Licensing of applicant registered by American Registry of Physical Therapistsor who has passed national examination.
- Section 36-10-31 - Licensure by reciprocity--Qualifications.
- Section 36-10-32 - Application for licensure by reciprocity--Evidence of qualifications--Fee.
- Section 36-10-33 - Expiration and annual renewal of license--Fee--Forfeiture and reinstatement.
- Section 36-10-34 - Repealed.
- Section 36-10-35 - Repealed.
- Section 36-10-35.1 - Application for certification as physical therapist assistant--Fee--Qualifications.
- Section 36-10-35.2 - Issuance of certificate to physical therapist assistant--Expiration and renewal.
- Section 36-10-35.3 - Repealed.
- Section 36-10-35.7 - Approved tasks for physical therapist assistant--Exclusions.
- Section 36-10-35.8 - Limitation of supervision--Registration of assistants--Notification oftermination--Delegation of responsibility.
- Section 36-10-35.9 - Standards of supervision.
- Section 36-10-36 - Rules and regulations of board--Scope.
- Section 36-10-37 - Procedure for adoption of rules and regulations.
- Section 36-10-38 - Grounds for refusal of license.
- Section 36-10-39 - Grounds for cancellation, revocation or suspension of license or certificate.
- Section 36-10-40 - Unprofessional or dishonorable conduct--Activities included--No basis forcriminal prosecution.
- Section 36-10-41 - Initiation of proceedings for cancellation, revocation, or suspension of license.
- Section 36-10-42 - Omitted.
- Section 36-10-43 - Quorum at hearing on cancellation, revocation or suspension.
- Section 36-10-44 - Procedure on cancellation, revocation or suspension.
- Section 36-10-45 - Majority vote required to suspend, revoke or cancel license.
- Section 36-10-46 - Appeal from board decision on refusal, revocation, or suspension.
- Section 36-10-47 - Reinstatement of suspended or revoked license.
- Section 36-10-48 - Injunction against violations--Election of remedies.
- Section 36-10-49 - Investigation of violations--Employment of counsel to assist in prosecution.
- Sections 36-10-1 to 36-10-17 - Repealed
- Sections 36-10-35.4 to 36-10-35.6 - Repealed
Chapter 10A - Massage And Massage Establishments [Repealed]
Chapter 10B - Dietetics And Nutrition
- Section 36-10B-1 - Definition of terms.
- Section 36-10B-10 - Issuance of temporary permit.
- Section 36-10B-11 - License by reciprocity--Qualifications.
- Section 36-10B-12 - Waiver of examination--Requirements of licensure.
- Section 36-10B-13 - Restricting licensure.
- Section 36-10B-14 - Review of restriction on licensure.
- Section 36-10B-2 - Licensing and designation.
- Section 36-10B-3 - Duties of board.
- Section 36-10B-4 - Appointment of nutrition and dietetics advisory committee--Duties of committee.
- Section 36-10B-5 - Nutrition or dietetics practice--Nutrition care services.
- Section 36-10B-6 - Qualifications for dietetics and nutrition licensure.
- Section 36-10B-7 - Application process--Fees.
- Section 36-10B-8 - Fee classifications.
- Section 36-10B-9 - License renewal.
Chapter 11 - Pharmacies And Pharmacists
- Section 36-11-1 - Public interest in regulation of practice.
- Section 36-11-10 - Residual and implied powers of board.
- Section 36-11-11 - Rules of board--Scope and subject matter.
- Section 36-11-12 - Repealed.
- Section 36-11-13 - Unregistered practice of pharmacy as misdemeanor.
- Section 36-11-14 - Physicians and veterinarians unaffected by chapter.
- Section 36-11-15 - Unregistered dispensing of drugs or operation of pharmacy as misdemeanor.
- Section 36-11-16 - Character, age, education, and experience requirements for registration aspharmacist.
- Section 36-11-17 - Registration fee.
- Section 36-11-18 - Examination of applicants for registration--Grant of certificates to qualifiedpersons.
- Section 36-11-19 - Registration of applicants registered in other states--Fee.
- Section 36-11-19.1 - Authority of registered pharmacists.
- Section 36-11-19.2 - Nonresident pharmacy defined.
- Section 36-11-19.3 - Requirements for licensure of nonresident pharmacy.
- Section 36-11-19.4 - Denial of nonresident pharmacy's application--Appeal.
- Section 36-11-19.5 - Expiration and renewal of nonresident pharmacy license.
- Section 36-11-19.6 - Conduct causing denial, revocation, or suspension of nonresident pharmacylicense--Contested case.
- Section 36-11-19.7 - Dispensing equivalent drug product by nonresident pharmacy.
- Section 36-11-19.8 - Recording patient information--Toll-free telephone service--Writteninformation on new or changed prescriptions.
- Section 36-11-19.9 - Designation of resident agent for nonresident pharmacy.
- Section 36-11-2 - Definition of terms.
- Section 36-11-2.1 - Drugs defined.
- Section 36-11-2.2 - Practice of pharmacy defined.
- Section 36-11-20 - Suspension, revocation, or refusal of license--Grounds--Fraudulentregistration void.
- Section 36-11-21 - Continuing validity of prior certificates.
- Section 36-11-23.1 - Continuing education program established.
- Section 36-11-23.2 - Rules relating to continuing education--Maximum annual requirement.
- Section 36-11-23.3 - Continuing education required for relicensure.
- Section 36-11-23.4 - Advisory council on continuing education.
- Section 36-11-24 - Repealed.
- Section 36-11-25 - Pharmacy intern certificates--Restrictions on practice.
- Section 36-11-26 - Board power to discipline registrant.
- Section 36-11-27 - Repealed.
- Section 36-11-28 - Procedure for revocation or suspension of certificate.
- Section 36-11-29 - Appeal from revocation or suspension of certificate.
- Section 36-11-3 - Pharmacists Association--Purpose--Annual meeting--Recommendation ofmembers for appointment to state board (Effective until September 30, 2006).
- Section 36-11-30 - Registration and permit required for operation of pharmacy--Violation asmisdemeanor.
- Section 36-11-31 - Business name or advertising implying pharmacy prohibited unlessregistered--Violation as misdemeanor.
- Section 36-11-32 - Pharmacy permit issued by board--Fee.
- Section 36-11-33 - Institutional pharmacy permits--Scope of services provided--Minimumstandards.
- Section 36-11-34 - Ownership or control by pharmacist required for pharmacy permit.
- Section 36-11-35 - Pharmacy permit as legal registration--Expiration date.
- Section 36-11-36 - Permit and certificate displayed in pharmacy.
- Section 36-11-37 - Transfer of pharmacy permit to another pharmacist.
- Section 36-11-38 - Permit void after death of pharmacist--Time allowed for transfer.
- Section 36-11-39 - Report to board of changes in location or ownership of pharmacy.
- Section 36-11-4 - Composition of State Board of Pharmacy--Terms and appointment ofmembers--Removal of member.
- Section 36-11-4.1 - Lay member of board--Appointment and term of office.
- Section 36-11-40 - Permit void on unreported transfer, change of location or change inmanagement.
- Section 36-11-41 - Equipment, supplies and publications required for pharmacy permit.
- Section 36-11-42 - Sanitary conditions required in pharmacy.
- Section 36-11-43 - Code of professional ethics--Association recommendations considered--Employment rights not regulated--No basis for criminal prosecution.
- Section 36-11-44 - Permitting unauthorized practice or false representation to secure registrationas misdemeanor.
- Section 36-11-45 - Repealed.
- Section 36-11-46 - Dispensing of substandard drugs prohibited--Violation as misdemeanor.
- Section 36-11-46.1 - Dispensing equivalent drug products.
- Section 36-11-46.2 - Written prescription to prohibit substitution--Notation by pharmacist.
- Section 36-11-46.3 - Notification to person receiving equivalent drug product--Right of refusal.
- Section 36-11-46.4 - Standards for selecting prescription drug.
- Section 36-11-46.5 - Liability for dispensing substituted drug.
- Section 36-11-46.6 - Label to contain drug name--Form when generic equivalent selected--Contents of prescription files--Label information.
- Section 36-11-46.7 - Equivalent drug requirements not applicable to hospital patients.
- Section 36-11-46.8 - Cause of action for selection of equivalent drug product.
- Section 36-11-47 - Repealed.
- Section 36-11-47.1 - Posting of prescription drug prices authorized--Rules and regulations.
- Section 36-11-47.2 - Refusal to quote prescription price as misdemeanor.
- Section 36-11-48 - Grounds for suspension or revocation of pharmacy permit.
- Section 36-11-49 - Procedure for revocation of pharmacy permit.
- Section 36-11-5 - Meetings of board--Quorum.
- Section 36-11-5.1 - Board continued within Department of Health--Records and reports.
- Section 36-11-52 - Sale of nonprescription drugs by licensed dealers permitted.
- Section 36-11-6 - Use of funds by Pharmacists Association--Approval of expenditures--Filingstatement.
- Section 36-11-60 - Denial, suspension or revocation of license to deal in nonprescription drugs.
- Section 36-11-61 - Wholesale sales and delivery of drugs restricted to licensed retailers--Violation as misdemeanor.
- Section 36-11-62 - Repealed.
- Section 36-11-63 - Fees paid to secretary of board--Employment of personnel and payment ofexpenses from funds collected.
- Section 36-11-64 - Employment of inspectors--Inspection of licensed establishments.
- Section 36-11-65 - Injunction proceedings to prevent violations of chapter--Election of remedies.
- Section 36-11-66 - Severability of provisions.
- Section 36-11-67 - Participants in drug utilization review program immune from liability.
- Section 36-11-68 - Counseling patients and caregivers--Maintenance of patient records.
- Section 36-11-69 - Release of patient information--Good faith required.
- Section 36-11-7 - Salary and expenses of secretary.
- Section 36-11-70 - Refusal to dispense medication.
- Section 36-11-71 - Central pharmacy, remote pharmacy, and telepharmacy practice defined.
- Section 36-11-8 - Compensation of personnel from fees received.
- Section 36-11-9 - Annual report to Governor--Contents.
- Sections 36-11-20.1, 36-11-20.2 - Repealed
- Sections 36-11-20.3 to 36-11-20.10 - Repealed
- Sections 36-11-22, 36-11-23 - Registration record maintained by board--Contents. Annual registry fee and renewal--Suspension of certificate for failure to renew--Reinstatement after suspension
- Sections 36-11-50, 36-11-51 - Appeal from cancellation of pharmacy permit. License for sale of nonprescription drugs--Posting--Misdemeanor
- Sections 36-11-53 to 36-11-59 - Repealed
Chapter 11A - Wholesale Drug Distributors
- Section 36-11A-1 - Definitions.
- Section 36-11A-10 - Temporary licenses.
- Section 36-11A-12 - Approval or denial of application or renewal--Appeal.
- Section 36-11A-13 - Expiration and renewal of license.
- Section 36-11A-14 - Adoption of rules.
- Section 36-11A-15 - Advisory committee--Members--Duties.
- Section 36-11A-16 - Inspection--Exemption--Penalty.
- Section 36-11A-17 - Records--Availability.
- Section 36-11A-18 - Limitations on state board of pharmacy.
- Section 36-11A-19 - Complaints--Procedure.
- Section 36-11A-2 - Activities not included in wholesale drug distribution.
- Section 36-11A-20 - Authorized distributor of record defined.
- Section 36-11A-21 - Drop shipment defined.
- Section 36-11A-22 - Manufacturer's exclusive distributor defined.
- Section 36-11A-23 - Normal distribution channel defined.
- Section 36-11A-24 - Third party logistics provider.
- Section 36-11A-25 - Wholesale distributor defined.
- Section 36-11A-26 - Wholesale distribution defined.
- Section 36-11A-27 - Wholesale distributor license required--Exemptions.
- Section 36-11A-28 - Information to be provided by applicants.
- Section 36-11A-29 - Inspection of facility--Qualifications of designated representative.
- Section 36-11A-3 - Repealed.
- Section 36-11A-30 - Criminal record check.
- Section 36-11A-31 - Bond or other security required--Purpose--Exemption--License required for eachfacility.
- Section 36-11A-32 - Changes or corrections to required information--Suspension or revocation of license.
- Section 36-11A-33 - Continuing training of designated representative--Confidentiality of information.
- Section 36-11A-34 - Returns or exchanges of prescription drugs.
- Section 36-11A-35 - Verification that entity to which prescription drugs are to be furnished is licensed.
- Section 36-11A-36 - Delivery of prescription drugs only to licensed premises--Exception.
- Section 36-11A-37 - Receipt to be signed by authorized hospital pharmacy receiving personnel--Reportingof discrepancies.
- Section 36-11A-38 - Accounts for purchase of prescription drugs.
- Section 36-11A-39 - Pedigrees to be provided for prescription drugs that leave normal distributionchannel.
- Section 36-11A-4 - Pharmacy distributor defined.
- Section 36-11A-40 - Electronic track and trace pedigree technology.
- Section 36-11A-41 - Verification of transactions listed on pedigree.
- Section 36-11A-44 - Pedigrees and electronic files to be maintained and available for inspection.
- Section 36-11A-45 - Cease and desist order for violation--Hearing.
- Section 36-11A-5 - Purchase of drug from other source restricted--Penalty.
- Section 36-11A-6 - Drug sample or drug coupon--Sale, purchase, trade or counterfeit prohibited--Distribution restricted--Penalty.
- Section 36-11A-7 - Wholesale distribution without license prohibited--License unnecessary for agent oremployee of licensed distributor--Violation as felony.
- Section 36-11A-8 - Application for license.
- Section 36-11A-9 - Separate license required for each facility owned or operated by same business entity.
- Sections 36-11A-11, Out-of-state - distributor--License--Application--Violation as felony
- Sections 36-11A-42, 36-11A-43 - Chain of distribution information to be included on pedigree. Additional information to be included on pedigree
Chapter 12 - Veterinarians
- Section 36-12-1 - Acts constituting practice of veterinary medicine.
- Section 36-12-10 - Records kept by secretary of board.
- Section 36-12-11 - Fees used to pay expenses.
- Section 36-12-12 - Application for license as veterinarian--Education requirement--Fee--Promulgationof rules.
- Section 36-12-13 - Notice and scope of examination of applicants.
- Section 36-12-14 - Issuance of licenses to qualified applicants.
- Section 36-12-15 - Licensing on certification from another state--Fee.
- Section 36-12-16 - Continuing validity of previously issued certificates--Recording of names.
- Section 36-12-17 - Temporary student permits.
- Section 36-12-18 - Temporary permits to applicants awaiting examination.
- Section 36-12-18.1 - Temporary permits to certain graduates of nonaccredited colleges--Practice undersupervision--Duration of permit.
- Section 36-12-19 - Registration certificate required--Fee.
- Section 36-12-19.1 - Continuing education requirement--Waiver--Promulgation of rules.
- Section 36-12-19.2 - Maximum length of study--Attendance at course of study certified.
- Section 36-12-2 - Persons not considered engaged in practice of veterinary medicine.
- Section 36-12-2.1 - Repealed.
- Section 36-12-20 - Forfeiture of license for failure to secure certificate--Restoration after forfeiture.
- Section 36-12-21 - Display of license and annual certificate in office.
- Section 36-12-21.1 - Employment of technicians authorized--Registration required.
- Section 36-12-21.2 - Qualifications of technicians provided by rules and regulations.
- Section 36-12-21.3 - Application for registry of technician--Contents--Fee.
- Section 36-12-21.4 - Issuance of certificate for technician--Posting.
- Section 36-12-21.5 - Annual renewal of technician's certificate--Fee--Default as forfeiture of certificate.
- Section 36-12-21.6 - Supervision of technician by veterinarian--Promulgation of rules.
- Section 36-12-21.7 - Maintenance of separate office by technician prohibited.
- Section 36-12-21.8 - Veterinarian's responsibility for technician's acts.
- Section 36-12-22 - Grounds for refusal, suspension, or revocation of license and certificate.
- Section 36-12-22.1 - Revocation of technician's registration.
- Section 36-12-23 - Statement preferring charges against licensee.
- Section 36-12-24 - Procedure on revocation or suspension of license.
- Section 36-12-25 - Judicial review on revocation of license.
- Section 36-12-26 - Reinstatement after revocation of license.
- Section 36-12-27 - Unauthorized practice of veterinary medicine as misdemeanor.
- Section 36-12-3 - Board of examiners appointed--Qualifications of members--Terms of office.
- Section 36-12-4 - Period of practice required for appointment to board.
- Section 36-12-5 - Repealed.
- Section 36-12-5.1 - Lay member of board--Appointment and term of office.
- Section 36-12-6 - Removal of board member.
- Section 36-12-7 - Filling of vacancies on board.
- Section 36-12-8 - Annual meeting and election of officers.
- Section 36-12-8.1 - Executive secretary--Duties--Bond--Limitation on board's expenditures.
- Section 36-12-9 - Quorum of board.
- Section 36-12-9.1 - Board continued within Department of Agriculture--Records and reports.
Chapter 13 - Abstracters Of Title
- Section 36-13-1 - Abstracters' Board of Examiners--Professional members.
- Section 36-13-1.1 - Lay member of board.
- Section 36-13-1.2 - Definition of terms.
- Section 36-13-1.3 - Chain of title defined.
- Section 36-13-10 - Title plant required to engage in business.
- Section 36-13-11 - Application for certificate of registration--Examination--Fees.
- Section 36-13-11.1 - Criminal background investigation of applicants.
- Section 36-13-12 - Scope of examination for certificate of registration.
- Section 36-13-13 - Separate applications and examinations for different counties.
- Section 36-13-14 - Repealed.
- Section 36-13-15 - Bond required for certificate of registration--Amount and conditions.
- Section 36-13-16 - Financial standing of personal sureties on bond--Investigation and propertystatements.
- Section 36-13-17 - Filing and registration of bond.
- Section 36-13-18 - Additional bond required for certificate--Insufficient bond.
- Section 36-13-19 - Parties to action on abstracter's bond.
- Section 36-13-2 - Election of officers--Bond required of secretary-treasurer.
- Section 36-13-2.1 - Board continued within Department of Revenue and Regulation--Records andreports.
- Section 36-13-20 - Recitals in certificate of registration--Authority to engage in business--Accessto public offices and records.
- Section 36-13-21 - Fee for certificate of registration--Duration and renewal--Contents ofapplication for renewal.
- Section 36-13-21.1 - Inspection costs collected from applicant.
- Section 36-13-22 - Temporary certificate to engage in business.
- Section 36-13-23 - Register of applicants and certificates.
- Section 36-13-24 - Seal of abstracter--Impression deposited with board--Affixing to abstracts.
- Section 36-13-25 - Schedule of fees for doing business established by board--Exceeding scheduleas misdemeanor.
- Section 36-13-26 - Certified abstract as prima facie evidence in judicial proceedings.
- Section 36-13-26.1 - Abstracter's countersignature on title policy.
- Section 36-13-27 - Destroyed public records replaced from abstracter's records--Expense.
- Section 36-13-28 - Suspension or revocation of certificate of registration.
- Section 36-13-29 - Procedure for suspension or revocation.
- Section 36-13-3 - Informational budget reviewed by Legislature--Deposit of funds with statetreasurer--Abstracters' board of examiners account created.
- Section 36-13-30 - Omitted.
- Section 36-13-31 - Appeal.
- Section 36-13-4 - Records and accounts of board--Inspection.
- Section 36-13-5 - Repealed.
- Section 36-13-6 - Enforcement of chapter by board--Seal.
- Section 36-13-6.1 - Promulgation of rules.
- Section 36-13-7 - Subpoena power of board officers--Administration of oaths--Depositions.
- Section 36-13-8 - Certificate of registration required for business of abstracting.
- Section 36-13-9 - Unauthorized business prohibited--Violation as misdemeanor.
- Section 36-13-9.1 - Injunctions--Election of remedies.
Chapter 14 - Barbers And Barbershops
- Section 36-14-1 - Acts constituting practice of barbering.
- Section 36-14-10 - Repealed.
- Section 36-14-11 - Certificate of registration required of barber or apprentice.
- Section 36-14-12 - Persons exempt from requirements of chapter.
- Section 36-14-13 - Character, age, education, apprenticeship, and examination required topractice as barber--Continued practice by apprentice after failure ofexamination.
- Section 36-14-13.1 - Reciprocity agreement.
- Section 36-14-13.2 - Certificate of registration to practice barbering by reciprocity--Fee--Prooffrom other state's licensing entity.
- Section 36-14-14 - Journeyman barber permit issued on certification or experience in anotherstate without reciprocity agreement--Failure to pass examination.
- Section 36-14-15 - Character, age, education and examination required for apprentice certificate--Further study required on failure of examination.
- Section 36-14-16 - Apprentice permit on certificate from another state--Credit for apprenticeshiptime in another state.
- Section 36-14-17 - Curriculum required for approval of barber school.
- Section 36-14-18 - Contents of application for examination--Photographs.
- Section 36-14-19 - Time, place, and scope of examinations--Issuance of certificates--Employment pending examination.
- Section 36-14-2 - Composition of Board of Barber Examiners--Terms of office--Qualificationsof members--Removal of members--Vacancies.
- Section 36-14-2.1 - Lay member of board--Appointment and term of office.
- Section 36-14-20 - Display of certificates.
- Section 36-14-21 - Supervision of apprentices--One per registered barber.
- Section 36-14-22 - Annual renewal of certificates--Expiration.
- Section 36-14-23 - Repealed.
- Section 36-14-24 - Fees required of barbers and apprentices--Permit fee for barber school.
- Section 36-14-25 - Restoration of lapsed certificate.
- Section 36-14-26 - Record of proceedings relative to certificates--Contents--Public inspection.
- Section 36-14-27 - License required for shop--Supervision by registered barber--Petty offense--Application--Fee.
- Section 36-14-28 - Inspection before issuance of shop license--Fee.
- Section 36-14-29 - Display of shop license--Transfer prohibited--Expiration.
- Section 36-14-3 - Quorum of board.
- Section 36-14-30 - Annual inspection of shops.
- Section 36-14-31 - Mobile shop license fee--Annual inspection--Place of operation.
- Section 36-14-34 - Omitted.
- Section 36-14-35 - Appeal from Board of Examiners.
- Section 36-14-36 - Acts declared petty offenses.
- Section 36-14-37 - Violation of chapter as petty offense.
- Section 36-14-37.1 - Injunction for enforcement of chapter--Election of remedies.
- Section 36-14-4 - Officers of board--Seal--Duties and bond of secretary-treasurer.
- Section 36-14-4.1 - Board continued within Department of Labor--Records and reports.
- Section 36-14-5 - Employment of personnel by board.
- Section 36-14-6 - Inspection of shops and schools by board.
- Section 36-14-7 - Monthly deposit of money into treasury--Special account--Continuousappropriation--Limit on expense.
- Section 36-14-8 - Annual report to Governor.
- Section 36-14-9 - Rules and sanitary requirements--Posting in shops and schools--Scope ofrules.
- Sections 36-14-32, 36-14-33 - Grounds for refusal, suspension, or revocation of certificates. Procedure for refusal, suspension, or revocation of certificate
Chapter 15 - Cosmetologists, Nail Technicians And Salons
- Section 36-15-1 - Definition of terms.
- Section 36-15-10 - Repealed.
- Section 36-15-11 - General duties of commission members.
- Section 36-15-13 - Scope of rules.
- Section 36-15-13.1 - Repealed.
- Section 36-15-13.2 - Continuing education for licensees--Commission authorized to adopt rules--Scope.
- Section 36-15-14 - Access of authorities to salons or schools for inspection and enforcementpurposes.
- Section 36-15-15 - Application for license or permit--Evidence of qualifications.
- Section 36-15-16 - Persons exempt from chapter.
- Section 36-15-17 - Application for cosmetologist examination--Information required.
- Section 36-15-17.1 - Application for nail technician examination--Information required.
- Section 36-15-17.2 - License required to practice nail technology--Practices constituting nailtechnology.
- Section 36-15-18 - Repealed.
- Section 36-15-19 - Number, time, and place of examinations.
- Section 36-15-19.1 - Cosmetologist's examination--Issuance of license--Annual expiration andrenewal.
- Section 36-15-19.2 - Licensure by reciprocity--Requirements.
- Section 36-15-19.3 - Nail technician's examination--Issuance of license--Annual expiration andrenewal.
- Section 36-15-19.4 - Repealed.
- Section 36-15-19.5 - Esthetician's examination--Issuance of license--Annual expiration and renewal.
- Section 36-15-2 - License required to practice cosmetology--Acts constituting practice ofcosmetology.
- Section 36-15-2.1 - Acts not constituting practice of cosmetology.
- Section 36-15-2.2 - License required for practice of esthetics--Practices constituting esthetics.
- Section 36-15-2.3 - Application for esthetics examination--Information required.
- Section 36-15-2.4 - Terms of licenses--Renewal dates.
- Section 36-15-20 - Fees for licenses, permits, and renewals.
- Section 36-15-20.1 - Reinstatement of lapsed licenses and renewals--Fee.
- Section 36-15-22 - Temporary permit for out-of-state cosmetologist, nail technician or esthetician--Duration of permit.
- Section 36-15-25 - Instructor license required to teach--Senior instructor requirements--Conditional license--Areas of instruction.
- Section 36-15-25.1 - Senior instructor's license--Annual expiration and renewal.
- Section 36-15-25.2 - Continuing education requirement for senior instructors teaching apprentices--Subjects, hours and fees to be established by rule.
- Section 36-15-26 - Junior instructor's license--Requirements--Conditional license--Areas ofinstruction.
- Section 36-15-26.1 - Junior instructor's license--Annual expiration and renewal.
- Section 36-15-26.2 - Education for instructors.
- Section 36-15-29 - License required for school of cosmetology, nail technology or esthetics--Requirements for license.
- Section 36-15-29.1 - School license restricted to premises--Exceptions--Transfer prohibited.
- Section 36-15-29.2 - Senior instructor required for each junior instructor.
- Section 36-15-29.3 - Branch school--Requirements for license.
- Section 36-15-3 - Cosmetology Commission--Appointment and terms of members--Oath ofoffice.
- Section 36-15-30 - School license--Annual expiration and renewal.
- Section 36-15-33 - Student license application--Requirements and issuance of license--Withdrawalor transfer.
- Section 36-15-34 - Students transferring from out-of-state school--Credit allowed.
- Section 36-15-37 - Separation of salon and school required.
- Section 36-15-38 - School to indicate status in advertising and on school premises.
- Section 36-15-39 - Repealed.
- Section 36-15-4 - Qualifications of professional commission members--School affiliationprohibited.
- Section 36-15-4.1 - Lay members of commission--Appointment and terms of office.
- Section 36-15-41 - Repealed.
- Section 36-15-42 - Apprentice license required for apprenticeship--Requirements and term oflicense.
- Section 36-15-42.1 - Apprentice salon license required to offer apprenticeship education--Requirements and term of license.
- Section 36-15-43 - Repealed.
- Section 36-15-44 - Maximum number of apprentices in salon.
- Section 36-15-45 - Required period of apprenticeship--Transfer to another salon--Continuity ofservice.
- Section 36-15-46 - Textbooks and course of study for schools and apprenticeship training.
- Section 36-15-47 - Apprentice to practice in licensed salon--Supervision and time required forstudy and practice.
- Section 36-15-47.1 - Senior instructors to teach apprentices--Fee for education prohibited.
- Section 36-15-48 - Senior instructor's report on apprentice.
- Section 36-15-49 - Repealed.
- Section 36-15-5 - Annual election of officers of commission--Meetings--Quorum.
- Section 36-15-5.1 - Commission continued within Department of Labor--Records and reports.
- Section 36-15-50 - Temporary license issued on completion of apprenticeship--Duration of license.
- Section 36-15-50.1 - Temporary license to school graduate--Duration of license.
- Section 36-15-51 - License required to operate salon or booth--Types of licenses--Annualexpiration and renewal--Violation as misdemeanor.
- Section 36-15-51.1 - Changing location or ownership of salon or booth--New license required--Temporary permit authorized--Notice to commission.
- Section 36-15-55 - Repealed.
- Section 36-15-55.1 - Repealed.
Chapter 16 - Electricians And Electrical Contractors
Chapter 17 - Employment Agencies [Repealed And Transferred]
Chapter 18 - Engineers, Architects And Land Surveyors [Repealed]
Chapter 18A - Technical Professions
Chapter 19 - Funeral Directors, Embalmers And Funeral Establishments
Chapter 20 - Public Accountants [Repealed]
Chapter 20A - Public Accountants [Repealed]
Chapter 20B - Public Accountants
Chapter 21 - Real Estate Brokers And Salesmen [Repealed]
Chapter 21A - Real Estate Licensing
Chapter 21B - Licensing Real Estate Appraisers
Chapter 21C - Licensing Home Inspectors
Chapter 22 - Registered Sanitarians [Repealed]
Chapter 22A - Water Supply And Treatment System Operators [Repealed And Transferred]
Chapter 23 - Sanitary Licensees [Transferred]
Chapter 24 - Hearing Aid Dispensers
Chapter 25 - Plumbers
Chapter 26 - Social Workers
Chapter 27 - Psychologists [Repealed]27A. Psychologists
Chapter 28 - Nursing Facility Administrators
Chapter 29 - Athletic Trainers
Chapter 30 - Polygraph Examiners
Chapter 31 - Occupational Therapists
Chapter 32 - Board Of Examiners For Counselors And Marriage And Family Therapists
Chapter 33 - Marriage And Family Therapists
Chapter 34 - Certification Board For Alcohol And Drug Professionals
Chapter 35 - Massage Therapists