South Dakota § 36-35-25 - Application of chapter.

§ 36-35-25. Application of chapter.

The provisions of this chapter do not apply to any person performing massage for compensation if the massage is done under one of the following circumstances:

(1)    As part of a licensed practice as a physician, physician assistant, chiropractor, nurse, physical therapist, athletic trainer, or other health care profession licensed or certified under title 36;

(2)    As part of a licensed practice pursuant to chapter 36-14 or 36-15, if the licensee is performing within the scope of the licensed practice and the licensee does not hold himself or herself out to be a massage therapist or to be engaged in the practice of massage therapy;

(3)    In furtherance of duties as an employee of the United States;

(4)    As part of a course of study with a facility or instructor recognized and approved by the board to provide training in massage or the provision of such instruction;

(5)    As part of providing a course of instruction or continuing education by a licensed massage therapist from another state or provider preapproved by the board, in the practice of massage therapy on a temporary basis not in excess of ten days per calendar year; or

(6)    Manipulation of the soft tissues of the human body is restricted to the hands, feet, or ears and the person does not hold himself or herself out to be a massage therapist or to be engaged in the practice of massage therapy.

Source: SL 2005, ch 206, § 25; SL 2016, ch 197, § 18.