South Dakota Administrative Code

Rule 20:78:03:05 Summary action on application. 20:78:03:05. Summary action on application. The executive secretary may summarily deny an application based upon primary source documentation that demonstrates that the applicant has not met the education, examination, training, or …

20:78:03:06. Investigation of application. The executive secretary may determine that the information disclosed in an application or primary source documentation requires investigation to determine whether the applicant meets the qualifications or standards for issuance of a lice…

Rule 20:78:03:07 Application withdrawn during investigation. 20:78:03:07. Application withdrawn during investigation. An applicant may withdraw an application after an investigation has been initiated by the executive secretary. An application withdrawn after investigation has be…

Rule 20:78:03:08 Executive secretary determinations. 20:78:03:08. Executive secretary determinations. Upon completion of the review of an application and any associated investigation, the executive secretary may: (1) Summarily issue a license, permit, or certificate if the applic…

Rule 20:78:03:09 Provisional licenses, permits, or certificates issued pursuant to settlement agreement. 20:78:03:09. Provisional licenses, permits, or certificates issued pursuant to settlement agreement. The executive secretary may enter into a settlement agreement with an appl…

Rule 20:78:03:10 Renewals and reinstatement. 20:78:03:10. Renewals and reinstatement. Renewal and reinstatement applications are subject to the same process as original licenses. Source: 38 SDR 127, effective February 7, 2012; 43 SDR 57, effective October 20, 2016. General Author…

Rule 20:78:03:11 Staff approval of petition for examination waiver. 20:78:03:11. Staff approval of petition for examination waiver. An applicant who has not passed all parts or steps of the examination required by SDCL chapter 36-4 within the time and manner allowed by SDCL 36-4-…

Rule 20:78:03:12 Reciprocity. 20:78:03:12. Reciprocity. An applicant who holds a valid medical license issued by another state may be licensed by reciprocity in South Dakota under the provisions of SDCL 36-4-19 only if the applicant has completed a residency program in the United…

Rule 20:78:04:01 Applicability. 20:78:04:01. Applicability. The following procedure applies to complaints about holders of the licenses, permits, or certificates regulated by the Board of Medical and Osteopathic Examiners. Source: 38 SDR 127, effective February 7, 2012; 43 SDR 57…

Rule 20:78:04:02 Complaints. 20:78:04:02. Complaints. The executive secretary may initiate an investigation based on a written complaint. Any person filing a complaint shall submit the complaint in writing to the executive secretary. A complaint is not a public record. The execut…

Rule 20:78:04:03 Investigations. 20:78:04:03. Investigations. The executive secretary shall initiate investigation of a complaint by notifying the license, permit, or certificate holder of the complaint and obtaining a response to the complaint. If the executive secretary determi…

Rule 20:78:04:04 Completion of complaint investigation. 20:78:04:04. Completion of complaint investigation. Upon completion of a complaint investigation, the executive secretary may: (1) Dismiss the complaint as unsubstantiated or requiring no further action. Dismissal of a compl…

Rule 20:78:04:04.01 Disciplinary action in another state. 20:78:04:04.01. Disciplinary action in another state. Any physician who has had any public disciplinary action imposed by another state shall have the original documentation posted on the South Dakota Board of Medical and …

Rule 20:78:04:05 Status of complainant. 20:78:04:05. Status of complainant. The complainant is not a party to any contested case hearing resulting from the executive secretary's investigation of a complaint, although the complainant may be called as a witness in the hearing. The …

Rule 20:78:04:06 Effect of failure to renew during investigation. 20:78:04:06. Effect of failure to renew during investigation. The holder of a license, permit, or certificate may choose not to renew the license, permit, or certificate after a complaint investigation has been ini…

Rule 20:78:05:01 Applicability. 20:78:05:01. Applicability. The following procedure applies to contested case proceedings for license, permit, or certificate applications and to disciplinary proceedings before the Board of Medical and Osteopathic Examiners. Source: 38 SDR 127, ef…

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…