South Dakota Administrative Code

Rule 20:78:05:02 Petitions for hearing. 20:78:05:02. Petitions for hearing. An applicant for a license, permit, or certificate issued by the board may file a petition for hearing at any time during the processing of an application. The executive secretary may file a petition for …

Rule 20:78:05:03 Filing of petitions for hearing. 20:78:05:03. Filing of petitions for hearing. All petitions for hearing shall be filed with the executive secretary, who shall maintain the record of contested case proceedings held before the board. Source: 38 SDR 127, effective …

Rule 20:78:05:04 Scheduling of hearing. 20:78:05:04. Scheduling of hearing. Upon receipt of a petition for hearing, the board president may appoint an examiner to conduct the contested case hearing, or may schedule the contested case hearing before the board, as authorized by app…

Rule 20:78:05:05 Hearing procedure. 20:78:05:05. Hearing procedure. Contested case hearings shall be conducted in accordance with SDCL 1-26. The parties to a hearing are the executive secretary and the applicant or licensee. A board member who has participated in any investigatio…

Rule 20:78:05:06 Final board decision. 20:78:05:06. Final board decision. If the board hears the proceeding itself, it shall issue a final decision and require the parties to submit proposed findings of fact and conclusions of law for consideration at the board's next meeting. If…

Rule 20:78:05:07 Notice of decision. 20:78:05:07. Notice of decision. The board shall issue a notice of decision, accompanied by the final board decision and findings of fact and conclusions of law, to the applicant or licensee and executive secretary. Source: 38 SDR 127, effecti…

Rule 20:78:05:08 Assessment of costs of disciplinary hearings. 20:78:05:08. Assessment of costs of disciplinary hearings. The board may assess its costs associated with a contested case proceeding resulting in disciplinary action, against a licensee upon motion by the executive s…

Rule 20:78:05:09 Board member conflict of interest. 20:78:05:09. Board member conflict of interest. A board member who: (1) Is personally related to a party involved in a contested case proceeding or disciplinary action by two degrees of consanguinity; (2) Has a direct financial …

Rule 20:78:05:10 Board member potential conflict of interest. 20:78:05:10. Board member potential conflict of interest. A potential conflict of interest is an indirect financial interest, or a personal relationship or another interest in a party involved in a contested case proce…

Rule 20:78:06:01 Definitions. 20:78:06:01. Definitions. Terms used in this chapter mean: (1) "Board," the South Dakota Board of Medical and Osteopathic Examiners; (2) "First responder training," a training program that meets the criteria established by the board in § 20:78:06:02;…

Rule 20:78:06:02 Criteria for training a first responder. 20:78:06:02. Criteria for training a first responder. Training programs shall meet the following criteria: Each first responder training program shall include: (1) The signs and symptoms of an opioid overdose; (2) The prot…

Rule 20:78:06:03 Standing order. 20:78:06:03. Standing order. A physician licensed under SDCL chapter 36-4 may issue a standing order to a first responder authorizing a prescription for the possession of an opioid antagonist. The standing order: (l) Authorizes a first responder w…

Rule 20:78:06:04 Protocols. 20:78:06:04. Protocols. The issuing physician and the first responder shall each maintain one copy of the issuing physicians' written protocol. Source: 42 SDR 98, effective January 7, 2016. General Authority: SDCL 34-20A-102 Law Implemented: SDCL 34-20…

20:79:01:01. Definitions. Words and phrases defined in SDCL 36-37-1 and 36-37-2 have the same meaning when used in this article. Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023. General Authority: SDCL 36-37-12. Law Implemented: SDCL 36-37-1, 3…

20:79:01:02. Incomplete application. A licensure application deemed incomplete by Board staff must be completed within one year from the date received by the board, or the board must consider it withdrawn. Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective Septembe…

20:79:01:03. Information required. Repealed. Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.

Rule 20:79:01:04 Notarization of application and transcripts. 20:79:01:04. Notarization of application and transcripts. Applications must be notarized. Applicants are responsible for having official college transcripts sent from the college to the board. Source: 39 SDR 220, effec…

20:79:01:05. Fees. Repealed. Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.

20:79:01:06. Fee schedule for applications. The application fee for licensure is as follows: (1) Speech-language pathologist license, one hundred dollars; (2) Provisional license, one hundred dollars; (3) Limited license, one hundred dollars; and (4) Speech-language pathology ass…

20:79:01:07. Fee schedule for licensure. The licensure fee for a biennial license is as follows: (1) Speech-language pathologist license, one hundred and fifty dollars; (2) Provisional license, one hundred and fifty dollars; (3) Limited license, one hundred and fifty dollars; and…

20:79:01:08. No reimbursement before expiration of license. Repealed. Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.

20:79:01:09. No refunds for fees. All fees paid to the board are non-refundable. Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023. General Authority: SDCL 36-37-12. Law Implemented: SDCL 36-37-12(3).

20:79:01:10. Certificates. Repealed. Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.

Rule 20:79:01:11 Application disposition. 20:79:01:11. Application disposition. All applications and supporting papers submitted to the board become the property of the board. Source: 39 SDR 220, effective June 27, 2013. General Authority: SDCL 36-37-12. Law Implemented: SDCL 36-…

20:79:01:12. Verification of licensure for the public. Repealed. Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.

Rule 20:79:01:13 Restrictions on a limited license to practice speech-language pathology. 20:79:01:13. Restrictions on a limited license to practice speech-language pathology. The limited license will only be issued for the purpose of providing speech-language services as part of…

Rule 20:79:01:14 Term for a provisional license to practice speech-language pathology. 20:79:01:14. Term for a provisional license to practice speech-language pathology. The provisional license is valid for a term of twenty-four (24) months from the date of issuance and may only …

20:79:01:15. Supervision of speech-language pathologist provisional licensee. A supervised postgraduate professional experience, as referenced in SDCL 36-37-14(5), comprises three segments. Each segment requires the supervisor provide six hours of direct observation of the provis…

Rule 20:79:02:01 License expiration. 20:79:02:01. License expiration. All licenses issued by the board expire on the first day of October of the second year succeeding the issuance thereof. A license may be renewed upon the receipt of the renewal application and payment of the fe…

Rule 20:79:02:02 License renewal. 20:79:02:02. License renewal. All licensees wishing to renew a license shall: (1) Pay the renewal fee; (2) Submit an application for renewal on a form prescribed by the board; and (3) Submit documentation of completion of the required continuing …

20:79:02:03. License renewal fees. Fees for biennial renewal of a license are as follows: (1) Speech-language pathologist, one hundred and fifty dollars; (2) Provisional license, one hundred and fifty dollars; (3) Limited license, one hundred and fifty dollars; and (4) Speech-lan…

Rule 20:79:02:04 Late fees. 20:79:02:04. Late fees. Any person who submits a license renewal after 30 but within 180 days of expiration of the previous license must pay a late fee of $50 in addition to the license renewal fee. Licensees who fail to renew the license within 180 da…

20:79:02:05. Continuing education. To be eligible for renewal, a licensee must complete at least twenty credit hours or 2.0 units of continuing education for each two-year renewal period. One unit of continuing education is equal to ten credit hours. A one-credit college course i…

Rule 20:79:02:06 Proof of continuing education. 20:79:02:06. Proof of continuing education. The following documentation of proof of continuing education must be submitted with the renewal application: (1) Certificate of attendance; (2) Official college transcript; or (3) ASHA CEU…

Rule 20:79:02:07 Reinstatement of expired license. 20:79:02:07. Reinstatement of expired license. An applicant who fails to renew the license within 180 days, may have the license reinstated so long as the applicant: (1) Submits an application for licensure; (2) Provides document…

Rule 20:79:03:01 Provision of telepractice services. 20:79:03:01. Provision of telepractice services. The provision of speech-language pathology services in this state through telepractice is subject to state licensure requirements and regulation by the board. Source: 39 SDR 220,…

Rule 20:79:03:02 Limits on telepractice. 20:79:03:02. Limits on telepractice. All telepractitioners must abide by any statute or rule of this state governing the maintenance of client records and client confidentiality, regardless of the state where the records are maintained. So…

20:79:04:01. Responsibilities within the scope for speech-language pathology assistants. A licensed speech-language pathology assistant, who has demonstrated competency, may perform the following under the supervision of a speech-language pathologist: (1) Administer and score spe…

20:79:04:02. Responsibilities outside the scope for speech-language pathology assistants. A speech-language pathology assistant may not: (1) Perform any activity that violates § 20:79:06:04; (2) Represent oneself as a speech-language pathologist; (3) Interpret screening or test r…

20:79:04:03. Supervision of speech-language pathology assistants. During the first two work weeks of supervising a speech-language pathology assistant, the supervising speech-language pathologist shall observe the speech-language pathology assistant performing direct and indirect…

20:79:04:04. Record of supervision. All supervision must be documented by either the speech-language pathology assistant or the supervising speech-language pathologist and signed by both. Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023. General…

20:79:04:05. Documentation required for supervision. The speech-language pathology assistant must submit a notarized form, prescribed by the board and signed by the speech-language pathology assistant and the supervisor, to the board, before the speech-language pathology assistan…

20:79:04:06. License of supervisor. Repealed. Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.

20:79:05:01. Review by the board. Repealed. Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.

20:79:05:02. Initiation of suspension or revocation of licensure. Repealed. Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.

Rule 20:79:05:03 Multiple respondents. 20:79:05:03. Multiple respondents. The board will not accept a complaint against more than one licensee. A complainant must file a separate complaint for each individual who is a subject of the complaint. Source: 39 SDR 220, effective June 2…

Rule 20:79:05:04 Information file. 20:79:05:04. Information file. The board shall keep an information file on each complaint filed with the board. The information in each complaint file shall contain complete, current, and accurate information regarding the complaint and final ac…

20:79:05:05. Proceedings to conform to administrative procedures. Repealed. Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.

20:79:05:06. Appeal from board rulings or decisions. Repealed. Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.

20:79:06:01. Disciplinary actions. Repealed. Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.