CHAPTER 201

(SB 68)

Estheticians licensing revised.

         ENTITLED, An Act to  revise certain provisions regarding the licensing of estheticians.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 36-15-2.3 be amended to read as follows:

     36-15-2.3.   Any person desiring to practice esthetics in this state as an esthetician shall apply to the commission to take the esthetics examination. The application shall:

             (1)      Contain the information required by § 36-15-15;

             (2)      Contain proof that the applicant has completed seven hundred fifty hours of the required hours of education , as established by rules pursuant to §  36-15-13, or equivalent credit hours in an approved and licensed cosmetology or esthetics school; and

             (3)      Be accompanied by the fee required in this chapter.

     Section  2.  That § 36-15-13 be amended to read as follows:

     36-15-13.   The commission may adopt rules pursuant to chapter 1-26 pertaining to the following:

             (1)      Application requirements for any license or permit issued pursuant to this chapter;

             (2)      Examinations;

             (3)      Reports of students' education and work performed;

             (4)      Minimum standards and requirements for cosmetology, nail technology, and esthetics salons and schools;

             (5)      Minimum standards for plumbing, electrical, physical, and sanitary conditions for the health and safety of persons utilizing cosmetology, nail technology, or esthetics salons or schools;

             (6)      The professional conduct of licensees;

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             (7)      The reinstatement of lapsed licenses and lapsed renewal pursuant to § 36-15-20.1;

             (8)      The fee for a lapsed license and lapsed renewal pursuant to § 36-15-20.1;

             (9)      The course and education requirements received by transfer students pursuant to § 36- 15-34;

             (10)      The textbooks, educational material, and the general course of study for schools and for cosmetology salons and nail salons having apprentices pursuant to § 36-15-46;

             (11)      The progress and education received by an apprentice pursuant to 36-15-48;

             (12)      The fees for all licenses, permits, and renewals;

             (13)      Minimum standards for the use of chemicals or any mechanical or electrical apparatus or appliance;

             (14)      Amount of work experience of an out-of-state licensed applicant that may be used as a substitute for the education requirement pursuant to §§ 36-15-17, 36-15-17.1, and 36- 15-2.3;

             (15)      Inspection and reinspection of individual licensees, salons, and schools; and

             (16)      Administration and duties of the commission ; and

             (17)    Minimum hours of education for esthetics licensing .

     Section  3.  That § 36-15-29 be amended to read as follows:

     36-15-29.   Any person desiring to conduct a cosmetology, nail technology, or esthetics school for any of the practices of cosmetology, as applicable, shall apply to the commission for a license. The commission shall issue the license if:

             (1)      The applicant completes the application and provides any required documentation;

             (2)      The application is accompanied by the fee required in this chapter;

             (3)      The applicant has no violations with another cosmetology board;

             (4)      The education offered is not less than twenty-one hundred hours for a cosmetology program or not less than four hundred hours for a nail technician program or not less than seven hundred fifty hours the hours established by rules pursuant to §  36-15-13 for an esthetician license or their respective equivalent credit hours; and

             (5)      All requirements established by rules adopted pursuant to this chapter are met.

     Signed February 23, 2005

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