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Temporary License Requirements/Availability 

No mention of temporary license availability. Must have a license to practice.

36-10-24.   Unlicensed practice or use of title as misdemeanor. It is a Class 2 misdemeanor for any person not licensed under this chapter as a physical therapist or certified as a physical therapist assistant, or whose license or certificate has been suspended or revoked, or whose licensure or certificate has lapsed, to engage in the practice of physical therapy, unless exempt under the provisions of this chapter or, use in connection with their name the words or letters “R.P.T.,” “Registered Physical Therapist,” “L.P.T.,” “Licensed Physical Therapist,” “Physical Therapist,” or “Physio Therapist,” or “C.P.T.A.,” “Certified Physical Therapist Assistant,” or any other letters, words, or insignia indicating or implying that they are a physical therapist or a physical therapist assistant.

Requirements for License

36-10-27.   Application for license–Fee–Evidence of qualifications. A person desiring to practice physical therapy in South Dakota shall file a written application with the Board of Examiners on forms provided by the board, together with an application fee, set by rule pursuant to chapter 1-26, not to exceed sixty dollars. The applicant shall present evidence satisfactory to the board that the applicant has graduated from a physical therapy curriculum accredited by an accrediting body recognized by the United States Department of Education or the Commission on Recognition of Postsecondary Accreditation. If the applicant has graduated from a physical therapy curriculum that is not accredited by such an accrediting body, the applicant shall present evidence satisfactory to the board that:

             (1)      The applicant has completed a course of professional instruction equivalent to an approved program accredited by an accrediting body recognized by the United States Department of Education or the Commission on Recognition of Postsecondary Accreditation; and

             (2)      The applicant has achieved a score of at least five hundred fifty on the Test of English as a Foreign Language (TOEFL) examination, or a passing score on a comparative nationally recognized examination approved by the board, or has completed two years of secondary or postsecondary education in any educational institution in which the instruction is conducted in English.

36-10-30.   Licensing of applicant registered by American Registry of Physical Therapists or who has passed national examination. The Board of Examiners may in its discretion, without examination, issue a license to any applicant registered by the American Registry of Physical Therapists or one who has passed a national examination recognized by the board with a grade acceptable to it. The applicant shall present evidence satisfactory to the board that he is of good moral character and evidence as required by the board of qualification.

Supervision  

36-10-35.8.   Limitation of supervision–Registration of assistants–Notification of termination–Delegation of responsibility. A physical therapist may not supervise more than two physical therapist assistants at any one time. The supervising physical therapist shall register with the Board of Examiners the name and address of each physical therapist assistant who the physical therapist is responsible for supervising. The registration shall be submitted on a form provided by the board at least fifteen days prior to the date when supervision is to commence. The supervising physical therapist shall notify the board in writing of the termination of supervision of a physical therapist assistant within ten days after such termination. The supervising physical therapist may delegate responsibility for supervision of a physical therapist assistant to another physical therapist for a period not to exceed thirty days.

36-10-35.9.   Standards of supervision. When supervising a physical therapist assistant’s care of a patient at any setting, the supervising physical therapist shall comply with the following standards of supervision:

             (1)      The supervising physical therapist shall be accessible either in person or by telecommunications to the physical therapist assistant at all times while the physical therapist assistant is treating patients;

             (2)      The initial visit shall be made by the supervising physical therapist for evaluation of the patient and establishment of a plan of care;

             (3)      A joint visit by the supervising physical therapist and physical therapist assistant shall be made on the first physical therapist assistant’s visit to the patient;

             (4)      At least every five physical therapist assistant visits, there shall be a joint visit or a treatment rendered by the supervising physical therapist. The physical therapist assistant shall be supervised by the supervising physical therapist at least once every thirty calendar days. Every five physical therapist assistant visits or every thirty days, whichever occurs first, a documented conference with the physical therapist assistant outlining current treatment goals and program modifications shall occur. The supervising physical therapist shall make the final scheduled visit to terminate the plan of care;

             (5)      Each visit by the supervising physical therapist shall include:

             (a)      A complete assessment of the patient;

             (b)      A review of the plan of care with appropriate revision or termination;

             (c)      Assessment and recommendation for utilization of outside resources.

Physical Therapy Students 

Physical therapy students are not mentioned in the practice act.

Continued Competence 

The practice act makes no mention of continued competence, but only how to renew your license.  

36-10-33.   Expiration and annual renewal of license–Fee–Forfeiture and reinstatement. Any license issued by the board, pursuant to the provisions of this chapter, expires on the first day of January of the year next succeeding the issuance thereof. A license may be renewed upon the payment of an annual fee set by the board, by rule promulgated pursuant to chapter 1-26, not exceeding the sum of fifty dollars. Failure of a licensee to renew the license on or before the first day of July of each year constitutes a forfeiture of the license. However, any person who has forfeited a license under this chapter may have the license restored by making written application therefor and by payment of the annual renewal fee for the current year.

Does the Act appear restrictive? Why/Why not? 

Overall, the act does not appear restrictive. The act does not have a lot of depth, as some of the significant information is lacking. However, the guidelines for supervision and qualifications for PTA’s are very specific and direct (see above). The act also goes into great detail about the crimes and punishment, as well as, refusal of licensing.

Is there anything unusual about this act? 

This act appears somewhat unusual due to the lack of content. The information that is contained in the act is very in depth, however, the act fails to mention topics of continued education or supervision of physical therapy students. It is interesting to note that this state does not require any continued education to maintain license.

It is unusual that this act pays very close attention to the qualification and supervision guidelines for PTA’s. Most of the practice act consists of information regarding this issue.

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