The mission of the South Dakota Board of Massage Therapy is to protect the health and safety of the public by mandatory licensure of qualified persons and enforcement of the statutes, rules, and regulations governing the practice of Massage Therapy, including processing and investigating properly filed complaints and holding hearings as warranted.
The exchange of information in accordance with these procedures is confidential to the fullest extent possible.
Relative Statutes (laws) can be found at these links:
The Board may cancel, suspend, or revoke a license following a contested case hearing in compliance with SDCL 1-26 upon satisfactory proof of incompetence, unprofessional conduct, or a violation of any provision in SDCL 36-35.
SDCL 36-35-13. Unprofessional conduct. For the purposes of this chapter, any of the following acts constitute unprofessional conduct:
(1) Conviction of any felony, any crime involving or relating to the practice of massage, or any crime involving dishonesty or moral turpitude;
(2) Abuse of or addiction to alcohol, marijuana, or any controlled substance;
(3) Providing the board false or misleading information on any application for a license or renewal of a license;
(4) Willful misconduct or negligence in the practice of massage;
(5) Prescribing or administering controlled substances, narcotics, barbiturates, or other potentially habit forming substances unless done through separate licensure under state law;
(6) Exceeding the scope of practice of massage as defined in § 36-35-1;
(7) Engaging in any lewd or immoral conduct;
(8) Making excessive or fraudulent charges for services;
(9) Engaging in conduct which endangers the health or welfare of clients or other persons; or
(10) Failure to comply with any provision of this chapter.
The complaining party shall submit a written complaint setting out full details of the conduct which is alleged to be a violation. Upon Board office receipt of the completed Complaint Form, a copy is sent to the licensee. The licensee has 20 calendar days to respond to the allegations and concerns in writing to the Board office.
Upon receipt of the licensee’s response, the case will be assigned for investigation to determine whether the complaint has merit and constitutes grounds for disciplinary action, or is frivolous and should be dismissed.
All complaint proceedings / discussions are held in Executive (closed) Session. No information can be disclosed to the complainant or licensee at any time during the process. Final disposition of the case will be provided to both parties. Please note, although the Board is proceeding as quickly as possible, this is generally a lengthy process.
It is possible that the matter may proceed to a formal hearing before the Board, at which time your sworn testimony will be required. You will be notified in writing if and when this is necessary.
