reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-12.1 - Temporary permit.

36-35-12.1. Temporary permit.
Upon application and payment of an application fee not to exceed seventy-five dollars, the board may issue a temporary permit to practice massage therapy to an applicant who has met the requirements of subdivision 36-35-12(1) to (4), inclusive, pending completion and results of the examination required pursuant to subdivision 36-35-12(5), if the applicant intends to practice massage therapy in the state during the time the permit is valid. A temporary permit may be issued no more than twice and is effective for a term of not more than ninety days. A temporary permit automatically expires on the occurrence of the following:
(1)Issuance of a regular license;
(2)Failure to pass the licensing examination; or
(3)Expiration of the term for which the temporary license was issued.
Source:
SL 2013, ch 184, §6; SL 2015, ch 201, §2; SL 2016, ch 197, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-12.3 - Expiration of license.

36-35-12.3. Expiration of license.
A license issued under this chapter is valid until September thirtieth following the date it is issued and automatically expires unless it is renewed.
Source:
SL 2013, ch 184, §8; SL 2016, ch 197, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-13 - Unprofessional conduct.

36-35-13. Unprofessional conduct.
For the purposes of this chapter, any of the following acts constitute unprofessional conduct:
(1)Conviction of or a plea of guilty to any felony, any crime involving or relating to the practice of massage, or any crime involving dishonesty or moral turpitude;
(2)Providing the board false or misleading information on any application for a license or renewal of a license;
(3)Willful misconduct or negligence in the practice of massage;
(4)Exceeding the scope of practice of massage as defined in §36-35-1;
(5)Engaging in any lewd or immoral conduct;
(6)Making fraudulent charges for services;
(7)Engaging in conduct which endangers the health or welfare of clients or other persons;
(8)Failure to comply with any provision of this chapter; or
(9)Engaging in any act that aids, abets, facilitates, or promotes a violation of this chapter.
Source:
SL 2005, ch 206, §13; SL 2013, ch 184, §9; SL 2015, ch 201, §3; SL 2016, ch 197, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-15 - Applicants licensed in other states.

36-35-15. Applicants licensed in other states.
Notwithstanding the provisions of §36-35-12, the board may issue a license to an applicant licensed to practice massage therapy in another state if the applicant demonstrates the following qualifications:
(1)Eighteen years of age or older;
(2)Absence of unprofessional conduct;
(3)Professional liability insurance pursuant to §36-35-21;
(4)Verification from the authority that issued the applicant's license indicating the applicant is in good standing and currently licensed to practice; and
(5)Experience and competency in massage indicated by education that substantially complies with subdivision 36-35-12(2) or verification of an active massage therapy practice in the state of licensure in the two years immediately preceding the date of application for licensure.
For the purpose of this section, the term, active massage therapy practice, means the applicant has had at least two hundred hours of patient contact in the preceding two-year period.
Source:
SL 2005, ch 206, §15; SL 2013, ch 184, §10; SL 2016, ch 197, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-16 - Renewal of license.

36-35-16. Renewal of license.
Any licensee holding a valid license under this chapter may renew that license by making application for renewal, paying the required renewal fee, and providing proof of compliance with the continuing education requirements set by the board. If the board has not received a license renewal application by the expiration date, the board shall notify the licensee within five days that the renewal application has not been received and that the licensee may not practice until the license is renewed. Any person who submits a license renewal application and provides proof of compliance with the continuing education requirements set by the board within thirty days after the expiration date may be granted a license renewal.
Source:
SL 2005, ch 206, §16; SL 2011, ch 187, §2; SL 2013, ch 184, §11; SL 2016, ch 197, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-17 - Application and license fees.

36-35-17. Application and license fees.
Any applicant for a license under this chapter shall submit a nonrefundable application fee not to exceed one hundred dollars. Any person who has a license issued or renewed by the board shall submit a license fee in an amount not to exceed sixty-five dollars. Fees shall be set by the board by rule promulgated pursuant to chapter 1-26.
Source:
SL 2005, ch 206, §17; SL 2007, ch 223, §3; SL 2008, ch 191, §76.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-18 - Duplicate license.

36-35-18. Duplicate license.
The board may issue a duplicate license to a licensee upon request.
Source:
SL 2005, ch 206, §18; SL 2008, ch 191, §77; SL 2013, ch 184, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-18.1 - Inactive status.

36-35-18.1. Inactive status.
The board may place a massage therapy license on inactive status upon submission of an application and payment of the application fee.
Source:
SL 2007, ch 223, §5; SL 2016, ch 197, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-19 - Continuing education requirements.

36-35-19. Continuing education requirements.
Any person licensed under this chapter shall complete eight hours of continuing education relating to competence in the practice of massage on a biennial basis of a type and from a facility or instructor approved by the board. The required continuing education hours may be obtained by electronic means. The board may waive the continuing education requirement upon proof of illness or hardship.
Source:
SL 2005, ch 206, §19; SL 2007, ch 223, §4; SL 2013, ch 184, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-20 - Investigation of complaints--Inspections.

36-35-20. Investigation of complaints--Inspections.
The board shall receive and investigate any complaint filed with the board alleging a violation of this chapter pursuant to the procedures set forth in chapter 36-1C. The board may inspect the place of business of the licensee named in a complaint during normal business hours or upon written notice.
Source:
SL 2005, ch 206, §20; SL 2013, ch 184, §14; SL 2016, ch 197, §15; SL 2021, ch 168, § 45.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-21 - Professional liability insurance coverage.

36-35-21. Professional liability insurance coverage.
Any person holding a valid license under this chapter and engaged in the practice of massage therapy shall carry malpractice or professional liability insurance coverage with a company with a certificate of authority from the South Dakota Division of Insurance with limits of no less than two hundred fifty thousand dollars per occurrence. A licensee shall notify the board of any change of carrier occurring after a license or renewal is granted.
Source:
SL 2005, ch 206, §21; SL 2013, ch 184, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-22 - Grounds for cancellation, suspension, or revocation of license--Hearing--Appeal.

36-35-22. Grounds for cancellation, suspension, or revocation of license--Hearing--Appeal.
The board may cancel, suspend, or revoke a license following a contested case hearing in compliance with chapter 1-26 upon satisfactory proof of incompetence, unprofessional conduct, or a violation of any provision of this chapter. The board may waive the requirement of prior notice and an informal meeting set forth in §1-26-29 if the licensee presents an immediate threat to the public or has engaged in willful misconduct. Any licensee may appeal the cancellation, suspension, or revocation of a license in compliance with chapter 1-26.
Source:
SL 2005, ch 206, §22; SL 2016, ch 197, §16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-23 - Reapplication for cancelled, suspended, or revoked license.

36-35-23. Reapplication for cancelled, suspended, or revoked license.
Any person whose license has been cancelled, suspended, or revoked by the board may not reapply for a license until one year after it was cancelled, suspended, or revoked unless a different time has been set by the board.
Source:
SL 2005, ch 206, §23.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-24 - Promulgation of rules.

36-35-24. Promulgation of rules.
The board may promulgate rules pursuant to chapter 1-26 to establish:
(1)The form and information required for any license application;
(2)A list of recognized facilities or instructors who may provide training or instruction required for licensure or continuing education requirements;
(3)The amount of license fees;
(4)The procedures for placing a license on inactive status and the procedures to regain active licensure; and
(5)Approval of national competency examinations.
Source:
SL 2005, ch 206, §24; SL 2007, ch 223, §6; SL 2013, ch 184, §16; SL 2016, ch 197, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 36 - Genetic Counselors › Section 36-36-1 - Definitions.

36-36-1. Definitions.
Terms used in this chapter mean:
(1)"ABGC," the American Board of Genetic Counseling;
(2)"ABMGG," the American Board of Medical Genetics and Genomics;
(3)"ACGC," the Accreditation Council for Genetic Counseling;
(4)"Board," The South Dakota Board of Medical and Osteopathic Examiners;
(5)"Genetic counselor," a person licensed under this chapter to engage in the practice of genetic counseling;
(6)"Referral," a written or telecommunicated authorization for genetic counseling services from a licensed physician or a licensed certified nurse midwife, licensed certified nurse practitioner, licensed clinical nurse specialist, or a licensed physician assistant, who has an agreement and signed protocols with a licensed physician who authorizes referrals to a genetic counselor; and
(7)"Supervision," the ongoing direct clinical review, for the purposes of training or teaching, by a supervisor approved by the board who monitors the performance or a person's supervised interaction with a client and provides regular documented face-to-face consultation, guidance, and instructions with respect to the clinical skills and competencies of the person supervised. This supervision may be by personal contact or indirect contact by telecommunication.
Source:
SL 2009, ch 194, §1; SL 2016, ch 198, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 36 - Genetic Counselors › Section 36-36-2 - Genetic counseling defined.

36-36-2. Genetic counseling defined.
For the purposes of this chapter, genetic counseling is a communication process, conducted by appropriately trained persons that includes:
(1)Assisting a person, the person's family, a health care provider, or the public with comprehending the issues inherent to genetic counseling. The assistance may include the following:
(a)Appreciating the medical, psychological, and social implications of a disorder including features, variability, usual course, and management options;
(b)Learning how genetic factors contribute to the disorder and affect the chance for recurrence of the condition in other family members;
(c)Understanding available options for coping with, preventing, or reducing the chance of occurrence or recurrence of a condition;
(d)Selecting the most appropriate, accurate, and cost-effective methods of diagnosis, including the ordering of genetic tests consistent with the referral and reporting requirements of this chapter; or
(e)Understanding genetic tests, including diagnostic genetic tests, screening tests, or predispositional genetic tests, coordinating testing for inherited disorders, and interpreting complex genetic test results;
(2)Assessing the likelihood of the occurrence or recurrence of an abnormality in the fetus in structure, function, or metabolism or of any potentially inherited or genetically influenced condition. The assessment may include the following:
(a)Obtaining and analyzing a complete health history of a person and the person's family;
(b)Reviewing pertinent medical records;
(c)Evaluating the risks from exposure to possible mutagens or teratogens; or
(d)Ordering genetic testing or other evaluations, consistent with the referral and reporting requirements of this chapter, to diagnose a condition or determine the carrier status of one or more family members; and
(3)Facilitating an individual's or family's:
(a)Exploration of the perception of risk and burden associated with a genetic disorder;
(b)Decision-making regarding testing or medical interventions consistent with the individual's or family's beliefs, goals, needs, resources, or cultural, ethical, or moral views; and
(c)Adjustment and adaptation to the condition or the genetic risk by addressing needs for psychological, social, and medical support.
Source:
SL 2009, ch 194, §2; SL 2016, ch 198, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 36 - Genetic Counselors › Section 36-36-3 - Practice of genetic counseling defined.

36-36-3. Practice of genetic counseling defined.
For the purposes of this chapter, the practice of genetic counseling is the process of helping people understand and adapt to the medical, psychological, and familial implications of genetic contributions to disease performed pursuant to a referral. This process integrates the following:
(1)Interpretation of family and medical histories to assess the chance of disease occurrence or recurrence;
(2)Education about inheritance, testing, management, prevention, resources, and research;
(3)Ordering genetic testing consistent with the referral and reporting requirements of this chapter; and
(4)Counseling to promote informed decisions and adaptation to the risk or condition.
Source:
SL 2009, ch 194, §3; SL 2016, ch 198, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 36 - Genetic Counselors › Section 36-36-4 - Unlicensed practice of genetic counseling or use of title prohibited--Violation as misdemeanor.

36-36-4. Unlicensed practice of genetic counseling or use of title prohibited--Violation as misdemeanor.
No person may engage in the practice of genetic counseling, act or represent himself or herself to be a genetic counselor, or use such titles as genetic counselor, licensed genetic counselor, gene counselor, genetic associate, or any words, letters, abbreviations, or insignia, such as certified genetic counselor (CGC), indicating or implying that such person is a genetic counselor, unless such person holds a license or temporary license and otherwise complies with the provisions of this chapter and the rules adopted pursuant to this chapter. However, any qualified and licensed health care professional who is practicing within the professional's scope of practice may engage in the practice of genetic counseling, without being licensed pursuant to this chapter, but may not use the title, genetic counselor, or any other title indicating or implying that the person is a genetic counselor unless licensed as such in this state. A violation of this section is a Class 1 misdemeanor.
Source:
SL 2009, ch 194, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 36 - Genetic Counselors › Section 36-36-5 - Application for license--Fee--Qualifications.

36-36-5. Application for license--Fee--Qualifications.
Any person desiring to engage in the practice of genetic counseling in this state shall apply to the board for a license and pay the license fee. The application shall contain the information the board may require. The license fee shall be established by the board by rules promulgated pursuant to chapter 1-26. The license fee may not exceed two hundred dollars. The board may grant a license to any applicant who gives satisfactory proof of being of at least eighteen years of age and who is of good moral character and also fulfills the following requirements:
(1)Education at one of the following levels:
(a)Master's degree from a genetic counseling training program that is accredited by the ACGC and approved by the board; or
(b)Doctoral degree from a medical genetics training program that is accredited by the ABMGG and approved by the board; and
(2)Successful completion of all requirements of the certification examination within a period not to exceed four years from initial examination to successful completion and with no more than two attempts.
Source:
SL 2009, ch 194, §5; SL 2016, ch 198, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 36 - Genetic Counselors › Section 36-36-6 - Grounds for refusal of license.

36-36-6. Grounds for refusal of license.
The board may, in compliance with chapter 1-26, refuse to grant a license under this chapter for unprofessional, immoral, or dishonorable conduct on the part of the applicant.
Source:
SL 2009, ch 194, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 36 - Genetic Counselors › Section 36-36-7 - Documented referral required--Supervision of patient--Reports--Genetic testing.

36-36-7. Documented referral required--Supervision of patient--Reports--Genetic testing.
No licensed genetic counselor may provide genetic counseling to individuals, couples, groups, or families without a documented referral from a physician, certified nurse midwife, licensed certified nurse practitioner, licensed clinical nurse specialist, or a licensed physician assistant. The licensed physician, certified nurse midwife, licensed certified nurse practitioner, licensed clinical nurse specialist, or licensed physician assistant shall maintain supervision of the patient, including the regular review of orders of genetic tests. The licensed genetic counselor shall submit reports to the physician, certified nurse midwife, licensed certified nurse practitioner, licensed clinical nurse specialist, or licensed physician assistant on any services provided, including genetic testing. No genetic testing may be provided unless ordered by a licensed genetic counselor, physician, certified nurse midwife, licensed certified nurse practitioner, licensed clinical nurse specialist, or licensed physician assistant.
Source:
SL 2009, ch 194, §7; SL 2016, ch 198, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 36 - Genetic Counselors › Section 36-36-8 - Seminars.

36-36-8. Seminars.
A licensed genetic counselor may provide a general seminar without a referral to a group or organization on genetic counseling if the seminar does not include individual, couple, or family specific counseling.
Source:
SL 2009, ch 194, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 36 - Genetic Counselors › Section 36-36-9 - Temporary license--Fee--Examination--Expiration.

36-36-9. Temporary license--Fee--Examination--Expiration.
The board may issue a temporary license to an applicant who has paid the temporary license fee, meets all the qualifications for licensure as established in §36-36-5 with the exception of certification by the ABMGG or ABGC, and has submitted evidence to the board that the applicant is a candidate accepted to write the examination or is awaiting the results of the first examination for which the applicant is eligible after graduation from an approved genetic counseling program. The board shall establish a temporary license fee by rules promulgated pursuant to chapter 1-26. The temporary license fee may not exceed one hundred dollars. A temporary licensee shall take the next available examination. If any temporary licensee fails the first sitting of ABGC or ABMGG certification examination or the temporary license expires, then the applicant may reapply for a second temporary license. A temporary license may not be issued if the applicant has failed the ABGC or ABMGG certification examination more than twice. A temporary license expires on the occurrence of the following:
(1)Issuance of a regular license;
(2)Failure to pass the board-approved examination; or
(3)Expiration of the term for which the temporary license was issued.
Source:
SL 2009, ch 194, §9; SL 2016, ch 198, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 36 - Genetic Counselors › Section 36-36-10 - Supervision of temporary licensee.

36-36-10. Supervision of temporary licensee.
Any licensee practicing pursuant to the authority of a temporary license shall practice under the supervision of a licensed genetic counselor or a physician approved by the board with current ABMGG certification in clinical genetics.
Source:
SL 2009, ch 194, §10; SL 2016, ch 198, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 36 - Genetic Counselors › Section 36-36-11 - Renewal of license--Application--Fee--Continuing education.

36-36-11. Renewal of license--Application--Fee--Continuing education.
Each license issued pursuant to this chapter shall be renewed annually on a date set by the board. The board shall renew a license upon payment of the renewal fee, submission of a renewal application in a form approved by the board, and evidence satisfactory to the board of the applicant's successful completion of continuing education requirements. The board shall establish the renewal fee by rules promulgated pursuant to chapter 1-26. The fee may not exceed one hundred dollars.
Source:
SL 2009, ch 194, §11; SL 2016, ch 198, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 36 - Genetic Counselors › Section 36-36-12 - Promulgation of rules.

36-36-12. Promulgation of rules.
The board shall promulgate rules pursuant to chapter 1-26 pertaining to fees, licensure, investigations, and continuing education.
Source:
SL 2009, ch 194, §12; SL 2016, ch 198, §9; SL 2021, ch 168, § 46.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 36 - Genetic Counselors › Section 36-36-13 - Cancellation, revocation, suspension, or limitation of license for incompetence, unprofessional conduct, or statutory violation.

36-36-13. Cancellation, revocation, suspension, or limitation of license for incompetence, unprofessional conduct, or statutory violation.
The board may cancel, revoke, suspend, or limit the license of any genetic counselor issued pursuant to this chapter upon satisfactory proof by a preponderance of the evidence, in compliance with chapter 1-26, of such licensee's professional incompetence, or unprofessional or dishonorable conduct as defined in §§36-4-29 and 36-4-30, or proof of a violation of this chapter in any respect.
Source:
SL 2009, ch 194, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 36 - Genetic Counselors › Section 36-36-14 - Reinstatement and renewal of license.

36-36-14. Reinstatement and renewal of license.
Upon application, the board may reinstate and renew a license to practice to any person whose license has been cancelled, suspended, or revoked. However, no license that has been cancelled or revoked may be reinstated and renewed prior to one year after the cancellation or revocation. The reinstatement and renewal of any license may be made in such manner and form and under such conditions as the board may require.
Source:
SL 2009, ch 194, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 36 - Genetic Counselors › Section 36-36-15 - Genetic counselor advisory committee--Appointment--Terms--Duties.

36-36-15. Genetic counselor advisory committee--Appointment--Terms--Duties.
The board shall appoint a genetic counselor advisory committee composed of a minimum of one genetic counselor and three physicians licensed pursuant to chapter 36-4. Each committee member shall serve a term of three years. No committee member may be appointed to more than three consecutive full terms. If a vacancy occurs, the board shall appoint a person to fill the unexpired term. The committee shall meet at least annually or as necessary to conduct business. The advisory committee shall assist the board in the regulation of genetic counselors pursuant to this chapter. The committee shall also make recommendations to the board regarding rules promulgated pursuant to this chapter. The committee shall meet the requirements of chapter 1-25 regarding open meetings.
Source:
SL 2009, ch 194, §15; SL 2020, ch 167, § 9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-1 - Definitions.

36-37-1. Definitions.
Terms used in this chapter mean:
(1)"Board," the Board of Examiners for Speech-Language Pathology;
(2)"Provisional license," the license issued to an applicant who is practicing speech-language pathology while completing the supervised postgraduate professional experience following completion of master's degree in speech-language pathology;
(3)"Speech-language pathologist," any person who engages in the practice of speech-language pathology and who is licensed in accordance with this chapter;
(4)"Speech-language pathology assistant," any person who assists in the practice of speech-language pathology and who meets the qualifications set forth in this chapter; and
(5)"Supervision," the direct, on-site monitoring by a speech-language pathologist of a speech-language pathology assistant or a speech-language pathologist with a provisional license.
Source: SL 2012, ch 196, §1; SL 2023, ch 141, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-2 - Practice of speech-language pathology defined.

36-37-2. Practice of speech-language pathology defined.
For the purposes of this chapter, the practice of speech-language pathology is the application of principles, methods, and procedures related to the development, disorders, and effectiveness of human communication and related functions including providing prevention, screening, consultation, assessment, evaluation, diagnosis, treatment, intervention management, counseling, collaboration, and referral services for disorders of speech, language, feeding, and swallowing, and for cognitive aspects of communication. The practice of speech-language pathology includes:
(1)Establishing augmentative and alternative communication techniques and strategies, including developing, selecting, and prescribing of techniques, strategies, and devices, excluding the dispensing and fitting of hearing aids pursuant to chapter 36-24;
(2)Providing services to individuals with hearing loss and their families;
(3)Screening individuals for hearing loss or middle ear pathology using conventional pure-tone air conduction methods, otoacoustic emissions screening, or screening typanometry;
(4)Using instrumentation to observe, collect data, and measure parameters of communication and swallowing;
(5)Selecting, fitting, and establishing effective use of prosthetic or adaptive devices for communication, swallowing, or other upper aerodigestive functions; and
(6)Providing services to modify or enhance communication performance.
Source: SL 2012, ch 196, §2; SL 2023, ch 141, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-3 - License to practice speech-language pathology required--Violation as misdemeanor.

36-37-3. License to practice speech-language pathology required--Violation as misdemeanor.
No person may practice speech-language pathology or represent himself or herself as a speech-language pathologist or speech-language pathology assistant in this state, unless such person is licensed in accordance with this chapter. A person represents oneself to be a speech-language pathologist or speech-language pathology assistant if the person holds himself or herself out to the public by any means, or by any service or function performed, directly or indirectly, or by using the terms, speech pathologist, speech therapist, speech teacher, speech correctionist, speech clinician, language therapist, language pathologist, language specialist, voice therapist, voice pathologist, logopedist, communicologist, aphasiologist, phoniatrist, speech-language pathologist assistant, or any variation, synonym, coinage, or other word that expresses, employs, or implies these terms, names, or functions. A violation of this section is a Class 2 misdemeanor.
Source:
SL 2012, ch 196, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-4 - Persons holding speech-language pathologist certificate from Department of Education before July 1, 2012.

36-37-4. Persons holding speech-language pathologist certificate from Department of Education before July 1, 2012.
Any person who possessed a speech-language pathologist certificate from the South Dakota Department of Education as of July 1, 2012, and does not otherwise meet the qualifications set forth in this chapter, may apply to the board for a limited license to practice as a speech-language pathologist. The board shall renew a limited license if:
(1)The person's initial application for a limited license was submitted no later than July 1, 2014; and
(2)The person:
(a)Submits an application for renewal on a form prescribed by the board;
(b)Pays the application fee established by the board, in accordance with §37-36-12; and
(c)Has not committed an act for which disciplinary action is justified.
The board shall promulgate rules, pursuant to chapter 1-26, to prescribe the limits of the license authorized by this section.
Source: SL 2012, ch 196, §4; SL 2023, ch 141, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-5 - Activities not restricted by chapter.

36-37-5. Activities not restricted by chapter.
Nothing in this chapter may be construed as preventing or restricting:
(1)Any person licensed, certified, registered, or otherwise credentialed by this state in professions other than speech-language pathology from practicing that profession;
(2)Any person certified as a teacher of the deaf;
(3)The activities and services of any person pursuing a course of study leading to a degree in speech-language pathology or as a speech-language pathology assistant at a college or university if:
(a)The activities and services constitute a part of a planned course of study at that institution;
(b)The person is designated by a title such as intern, trainee, student, or by other such title clearly indicating the status appropriate to their level of education; and
(c)The person works under the supervision of a person licensed by this state to practice speech-language pathology;
(4)The activities of any person who is not licensed in this state from engaging in the practice of speech-language pathology for the purpose of providing training or continuous education as long as they hold an active license in another state, agree to abide by the standards of professional conduct and do not engage in such activities exceeding five days in any calendar year.
Source:
SL 2012, ch 196, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-6 - Nonmedical endoscopy.

36-37-6. Nonmedical endoscopy.
Any person who is licensed as a speech-language pathologist in this state may perform assessment, treatment, and procedures related to speech, voice, resonance, and swallowing function using nonmedical endoscopy as long as the person has received training and is competent to perform these procedures. A licensed speech-language pathologist shall have protocols in place for emergency medical backup when performing procedures using an endoscope.
For the purposes of this section, the term, endoscopy, means an imaging procedure within the scope of practice for speech-language pathologists in which a speech-language pathologist uses a flexible nasal endoscopy, rigid oral endoscopy, or stroboscopy for the purpose of evaluating and treating disorders of speech, voice, resonance, or swallowing function.
Source: SL 2012, ch 196, §6; SL 2023, ch 141, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-7 - Telehealth authorized.

36-37-7. Telehealth authorized.
Any person who is licensed pursuant to this chapter may provide speech-language pathology services via telehealth. Services delivered via telehealth must be equivalent to the quality of services delivered face-to-face.
For the purposes of this section, the term, telehealth, has the meaning provided in §34-52-1.
Source: SL 2012, ch 196, §7; SL 2023, ch 141, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-8 - Board of Examiners for Speech-Language Pathology.

36-37-8. Board of Examiners for Speech-Language Pathology.
The Governor shall appoint a five-member Board of Examiners for Speech-Language Pathology under the supervision of the Department of Health. The board must consist of:
(1)Four speech-language pathologists who:
(a)Are residents of this state;
(b)Are currently licensed in good standing and practicing speech-language pathology; and
(c)Have at least five years of experience practicing speech-language pathology; and
(2)One representative of the public who is:
(a)A resident of this state; and
(b)Not associated with, or financially interested in, the practice or business of speech-language pathology.
At least one member must be a speech-language pathologist employed in a school setting, and at least one member must be a speech-language pathologist employed in a health care setting.
The board shall annually elect from its members a president and vice-president.
Source: SL 2012, ch 196, §8; SL 2023, ch 141, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-9 - Terms of board members--Vacancy--Removal.

36-37-9. Terms of board members--Vacancy--Removal.
Each appointment to the board is for a period of three years. Each member shall serve until the expiration of the term for which the member has been appointed or until the member's successor is appointed and qualified to serve on the board. If a vacancy occurs other than by expiration of a term, the Governor shall appoint a qualified person to fill the vacancy for the unexpired term. No member may serve more than three consecutive three-year terms.
The Governor may remove any member of the board for unprofessional conduct, incompetence, or neglect of duty.
Source: SL 2012, ch 196, §9; SL 2023, ch 141, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-10 - Meetings of board.

36-37-10. Meetings of board.
The board shall meet at least twice each year, at times and places determined by a majority of the board. The board may hold additional meetings as determined by the president or a majority of the board.
Source: SL 2012, ch 196, §10; SL 2023, ch 141, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-11 - Compensation of members.

36-37-11. Compensation of members.
Members of the board shall receive a per diem established pursuant to §4-7-10.4 and expenses at the same rate as other state employees while actually engaged in official duties.
Source:
SL 2012, ch 196, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-12 - Powers and duties of board.

36-37-12. Powers and duties of board.
The board has the following powers and duties:
(1)Administer, coordinate, and enforce the provisions of this chapter, evaluate the qualifications of applicants, supervise the examination of applicants, and issue and renew licenses;
(2)Issue subpoenas, examine witnesses, administer oaths, conduct hearings, and, at its discretion, investigate allegations of violations of this chapter and impose penalties for any violations;
(3)Promulgate rules pursuant to chapter 1-26 to delineate qualifications for licensure, specify requirements for the renewal of licensure, regulate the delivery of services via telepractice, establish standards of professional conduct, specify procedures for suspension and revocation of licensure, establish a schedule of disciplinary actions for violations of professional conduct, permit inactive licensures, establish procedures for collection and management of fees and payments, establish application, biennial licensure, biennial renewal, and late fees not to exceed one hundred fifty dollars each delineate activities that may or may not be delegated to an assistant, and specify requirements for supervision of speech-language pathology assistants based on national guidelines;
(4)Have available the names and addresses of persons currently licensed pursuant to the provisions of this chapter;
(5)Employ personnel in accordance with its needs and budget;
(6)Request legal advice and assistance, as needed, from the Office of the Attorney General;
(7)Enter into such contracts as necessary to carry out its responsibilities under this chapter;
(8)Hire legal counsel;
(9)Establish a budget;
(10)Submit reports of its operations and finances as required by §4-7-7. 2;
(11)Adopt an official seal by which it shall authenticate its proceedings, copies, records, acts of the board, and licenses;
(12)Develop procedures for:
(a)Monitoring a license holder's compliance with the requirements of this chapter;
(b)Monitoring a license holder who is ordered by the board to perform certain acts;
(c)Identifying a license holder who presents a risk to the public; and
(d)Initiating appropriate actions regarding a license holder who presents a risk to the public;
(13)Develop a system for monitoring complaints filed with the board, procedures for providing assistance to a person who wishes to file a complaint, and a schedule for disposing of complaints in a timely manner;
(14)Communicate disciplinary actions to relevant state and federal authorities including the National Practitioners Database and the American Speech-Language-Hearing Association Board of Ethics and to other state speech-language pathology licensing authorities; and
(15)Perform any other duties directly related to the administration of the provisions of this chapter.
No member of the board is liable for civil action for any act performed in good faith in the performance of the member's duties as prescribed by law.
Source:
SL 2012, ch 196, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-13 - Moneys collected and payments by board.

36-37-13. Moneys collected and payments by board.
All moneys coming into the custody of the board, including any fees and any other payments, shall be paid by the board to the state treasurer on or before the tenth day of each month and shall consist of all moneys received by the board during the preceding calendar month. The state treasurer shall credit the moneys to the Board of Examiners for Speech-Language Pathology account, which account is hereby created. The moneys in the account are hereby continuously appropriated to the board for the purpose of paying the expense of administering and enforcing the provisions of this chapter. The total expenses incurred by the board may not exceed the total moneys collected.
Source:
SL 2012, ch 196, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-14 - Speech-language pathologist--Requirements for licensure.

36-37-14. Speech-language pathologist--Requirements for licensure.
The board may issue a speech-language pathologist license to a person who:
(1)Submits an application on a form prescribed by the board;
(2)Pays the application fee established by the board, in accordance with §36-37-12;
(3)Possesses a master's or doctoral degree from an educational institution that is accredited, or has been awarded accreditation candidate status, by the accrediting agency of the American Speech-Language-Hearing Association and is an educational institution approved by the United States Department of Education;
(4)Has completed supervised clinical practicum experiences from an educational institution or its cooperating programs;
(5)Has completed a supervised postgraduate professional experience;
(6)Has passed a written national examination in speech-language pathology; and
(7)Has committed no act for which disciplinary action is justified.
Any license issued to a speech-language pathologist who possesses a master's or doctoral degree from an educational institution awarded candidate status by the American Speech-Language-Hearing Association automatically expires if the educational institution fails to maintain candidacy status or is denied accreditation. The speech-language pathologist shall inform the board of any changes to the educational institution's candidacy status.
Source: SL 2012, ch 196, §14; SL 2023, ch 141, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-15 - Speech language pathologists--Requirements for licensure--Form--Promulgation of rules.

36-37-15. Speech language pathologists--Requirements for licensure--Form--Promulgation of rules.
The board shall issue a speech-language pathologist license to a person who:
(1)Submits an application on a form prescribed by the board in rules promulgated in accordance with chapter 1-26;
(2)Pays the application fee established by the board, in accordance with §36-37-12;
(3)Holds a current, unrestricted license from a state with substantially equivalent licensure standards, or a Certificate of Clinical Competence in Speech-Language Pathology from the American Speech-Language-Hearing Association; and
(4)Has not committed any act that constitutes grounds for refusal, suspension, or revocation of a license.
Source: SL 2012, ch 196, §15; SL 2023, ch 141, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-16 - Waiver of certain requirements for foreign applicants meeting examination requirements.

36-37-16. Waiver of certain requirements for foreign applicants meeting examination requirements.
The board may waive the qualifications in subdivisions 36-37-14(3), (4), and (5) for any applicant who:
(1)Received a professional education in another country if the board is satisfied that equivalent education and practicum requirements have been met; and
(2)Met the examination requirements in subdivision 36-37-14(6).
Source:
SL 2012, ch 196, §16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-17 - Speech language pathologist--Provisional licenses--Promulgation of rules.

36-37-17. Speech language pathologist--Provisional licenses--Promulgation of rules.
The board shall issue a provisional license to a person who:
(1)Except for the postgraduate professional experience, meets the academic, practicum, and examination requirements of this chapter;
(2)Submits an application on a form prescribed by the board;
(3)Pays the application fee established by the board for a provisional license, in accordance with §36-37-12; and
(4)Has not committed any act for which disciplinary action is justified.
A person holding a provisional license may practice speech-language pathology only while working under the supervision of a speech-language pathologist who is licensed in accordance with §36-37-14, 36-37-15, or 36-37-16. The board shall promulgate rules, in accordance with chapter 1-26, to establish the term for a provisional license and the conditions for its renewal.
Source: SL 2012, ch 196, §17; SL 2023, ch 141, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 37 - Speech-Language Pathologists › Section 36-37-18 - Speech-language pathology assistants--Requirements for licensure.

36-37-18. Speech-language pathology assistants--Requirements for licensure.
The board shall issue a speech-language pathology assistant license to a person who:
(1)Submits an application on a form prescribed by the board;
(2)Pays the application fee established by the board, in accordance with §36-37-12;
(3)Holds an associate's degree in speech-language pathology assisting or a bachelor's degree with a major in speech-language pathology or communication sciences and disorders from an accredited educational institution;
(4)Verifies required academic preparation and clinical experiences;
(5)Completes a minimum of one hundred hours of supervised clinical experience as a speech-language pathology assistant while either on the job or during academic preparation; and
(6)Has committed no act for which disciplinary action is justified.
While completing the supervised clinical experience required in subdivision (5), neither the applicant nor the supervising speech-language pathologist may represent the applicant as a licensed speech-language pathology assistant. The supervising speech-language pathologist must be available at all times when the applicant is competing on-the-job clinical fieldwork.
Source: SL 2012, ch 196, §18; SL 2023, ch 141, §12.