South Dakota 2025 2025 Regular Session

South Dakota House Bill HB1232 Introduced / Bill

Filed 02/05/2025

                    25.887.10 	100th Legislative Session 	1232 
 
 
2025 South Dakota Legislature 
House Bill 1232 
  
 
  
  
 
 
Introduced by: Representative Schwans 
 
  	Underscores indicate new language. 
  Overstrikes indicate deleted language. 
An Act to modify requirements relating to the operation of salons and booths. 1 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 
Section 1. That § 36-15-51 be AMENDED: 3 
36-15-51. No person may operate a salon or booth without a license. Any person 4 
who desires to operate a salon or booth where: 5 
(1) All More than one of the practices of cosmetology are provided shall, must apply 6 
to the commission for a cosmetology salon license or a cosmetology booth license, 7 
as applicable; 8 
(2) Only nail technology is practiced, shall must apply to the commission for a nail 9 
salon or nail booth license, as applicable; and 10 
(3) Only esthetics is practiced, shall must apply to the commission for an esthetics 11 
salon or esthetics booth license, as applicable; 12 
(4) Cosmetology is limited to one or a few of the practices specified in § 36-15-2, shall 13 
apply to the commission for a limited salon or booth license. The application for a 14 
limited license shall state the practices of cosmetology desired to be provided. 15 
The application shall must be accompanied by the license fee provided for in this 16 
chapter. Any A salon or booth license expires annually on a date set by the commission in 17 
rules promulgated pursuant to chapter 1-26, and is renewable annually. 18 
No person may practice cosmetology, nail technology, or esthetics beyond the 19 
limits specified in the license. A violation of this section is a Class 2 misdemeanor. 20 
Section 2. That a NEW SECTION be added to chapter 36-15: 21 
A person who operates a licensed salon may allow more than one licensed 22 
cosmetologist, licensed esthetician, or licensed nail technician to share a work station or 23 
other space within the salon, provided that: 24  25.887.10 	2 	1232 
  	Underscores indicate new language. 
  Overstrikes indicate deleted language. 
(1) Each individual maintains the minimum equipment and sanitary requirements set 1 
forth by the commission; 2 
(2) The individuals sharing the work station or space do not provide services at the 3 
work station or in the shared space at the same time; and 4 
(3) If the individuals share a work station or other space within a booth, each individual 5 
possesses a booth license for the respective services that the individual will 6 
provide. 7 
Nothing in this section prohibits individuals sharing a work station or other space 8 
within a salon from sharing equipment, provided that the equipment meets the minimum 9 
standards set forth by the commission. 10 
If individuals are sharing a work station or other space within a salon in accordance 11 
with this section, the commission may not require additional working space other than 12 
that required for a single licensee. 13 
If the commission finds, upon inspection, a violation of any provision of this chapter 14 
or rules promulgated thereunder, and the commission cannot determine which individual 15 
sharing the work station or other space committed the violation, the person operating the 16 
licensed salon is responsible for the violation. 17 
If a licensed salon allows more than one nail technician to share a work station, 18 
booth, or other space within the salon, the salon must meet any additional air quality 19 
requirements imposed by the commission. 20