South Dakota Administrative Code

Rule 46:31:01:01 Repealed. Repealed.. 46:31:01:01. Definitions. Repealed. Source: 14 SDR 54, effective October 15, 1987; transferred from § 71:04:01:01, SL 1989, ch 21, § 5, effective July 1, 1989; 19 SDR 68, effective November 8, 1992; 20 SDR 130, effective February 14, 1994; 23…

Rule 46:31:01:02 Repealed. 46:31:01:02. Composition of interpreter review panel. Repealed Source: 14 SDR 54, effective October 15, 1987; 15 SDR 107, effective January 26, 1989; transferred from § 71:04:01:02, SL 1989, ch 21, § 5, effective July 1, 1989; 19 SDR 68, effective Novem…

Rule 46:31:01:03 Repealed. 46:31:01:03. Certification of interpreters -- Conflict of interest. Repealed. Source: 14 SDR 54, effective October 15, 1987; transferred from § 71:04:01:03, SL 1989, ch 21, § 5, effective July 1, 1989; 19 SDR 68, effective November 8, 1992; 23 SDR 16, e…

Rule 46:31:01:03.01 Repealed. 46:31:01:03.01. Registration of interpreters. Repealed. Source: Provision on denial of level of certification transferred from § 46:31:01:05(1), 19 SDR 68, effective November 8, 1993; 23 SDR 16, effective August 8, 1996; 24 SDR 190, effective July 16…

Rule 46:31:01:03.02 Repealed. 46:31:01:03.02. Endorsement. Repealed. Source: 20 SDR 130, effective February 14, 1994; 23 SDR 16, effective August 8, 1996; 24 SDR 190, effective July 16, 1998; 26 SDR 96, effective January 24, 2000; 28 SDR 84, effective December 20, 2001; repealed,…

Rule 46:31:01:03.03 Repealed. 46:31:01:03.03. Certificate renewal. Repealed. Source: 20 SDR 130, effective February 14, 1994; 23 SDR 16, effective August 8, 1996; 24 SDR 190, effective July 16, 1998; 26 SDR 96, effective January 24, 2000; 28 SDR 84, effective December 20, 2001; r…

Rule 46:31:01:03.04 Repealed. 46:31:01:03.04. Issuance of provisional certificate.Repealed. Source: 20 SDR 130, effective February 14, 1994; 23 SDR 16, effective August 8, 1996; 24 SDR 190, effective July 16, 1998; 26 SDR 96, effective January 24, 2000; repealed, 28 SDR 84, effec…

Rule 46:31:01:03.05 Repealed. 46:31:01:03.05. Fees. Repealed. Source: 20 SDR 130, effective February 14, 1994; 23 SDR 16, effective August 8, 1996; 26 SDR 96, effective January 24, 2000; 28 SDR 84, effective December 20, 2001; repealed, 33 SDR 107, effective December 26, 2006.

Rule 46:31:01:03.06 Repealed. 46:31:01:03.06. Certification levels required for legal, medical, and educational settings. Repealed. Source: 20 SDR 130, effective February 14, 1994; 26 SDR 96, effective January 24, 2000; repealed, 33 SDR 107, effective December 26, 2006.

Rule 46:31:01:04 Repealed. 46:31:01:04. Notice of right to administrative review and fair hearing.Repealed. Source: 14 SDR 54, effective October 15, 1987; transferred from § 71:04:01:04, SL 1989, ch 21, § 5, effective July 1, 1989; repealed, 19 SDR 68, effective November 8, 1992.…

Rule 46:31:01:04.01 Notice to division of complaint. 46:31:01:04.01. Notice to division of complaint. Any complaint against a certified interpreter shall be made in writing and include the full name and address of the complainant. The complaint shall outline the facts which clear…

Rule 46:31:01:04.02 Notice to interpreter of complaint. 46:31:01:04.02. Notice to interpreter of complaint. The division shall provide written notice that a complaint has been received and a copy of the facts of the complaint to the interpreter by first class mail within ten busi…

Rule 46:31:01:04.03 Investigation of complaint. 46:31:01:04.03. Investigation of complaint. The division shall process the complaint and complete an investigation within 90 business days of receipt of the complaint. Within ten business days of completion of the investigation the …

46:31:01:05. Denial, suspension, or revocation of certificate. The department may suspend, deny, or revoke a registration or a certificate for any of the following causes: (1) The interpreter is convicted of a felony that makes the interpreter unfit to serve the public as an inte…

Rule 46:31:01:05.01 Appeal of denial, suspension, or revocation of certificate. 46:31:01:05.01. Appeal of denial, suspension, or revocation of certificate. An interpreter or applicant may appeal the denial, suspension, or revocation of certification. An appeal shall be made in wr…

Rule 46:31:01:05.02 Time and place of hearing -- Time extension. 46:31:01:05.02. Time and place of hearing -- Time extension. A fair hearing by an impartial hearing officer shall be held within 90 days after receipt of such request by the interpreter or applicant. The impartial h…

Rule 46:31:01:06 Repealed. 46:31:01:06. Right to informal administrative review.Repealed. Source: 14 SDR 54, effective October 15, 1987; transferred from § 71:04:01:06, SL 1989, ch 21, § 5, effective July 1, 1989; repealed, 19 SDR 68, effective November 8, 1992.

Rule 46:31:01:07 Repealed. 46:31:01:07. Time and place of review.Repealed. Source: 14 SDR 54, effective October 15, 1987; transferred from § 71:04:01:07, SL 1989, ch 21, § 5, effective July 1, 1989; repealed, 19 SDR 68, effective November 8, 1992.

Rule 46:31:01:08 Repealed. 46:31:01:08. Notice of results of review.Repealed. Source: 14 SDR 54, effective October 15, 1987; transferred from § 71:04:01:08, SL 1989, ch 21, § 5, effective July 1, 1989; repealed, 19 SDR 68, effective November 8, 1992.

Rule 46:31:01:09 Repealed. 46:31:01:09. Right to fair hearing.Repealed. Source: 14 SDR 54, effective October 15, 1987; transferred from § 71:04:01:09, SL 1989, ch 21, § 5, effective July 1, 1989; repealed, 19 SDR 68, effective November 8, 1992.

Rule 46:31:01:10 Repealed. 46:31:01:10. Time of hearing.Repealed. Source: 14 SDR 54, effective October 15, 1987; transferred from § 71:04:01:10, SL 1989, ch 21, § 5, effective July 1, 1989; repealed, 19 SDR 68, effective November 8, 1992.

Rule 46:31:01:11 Repealed. 46:31:01:11. Contents of notice of hearing -- Waiver.Repealed. Source: 14 SDR 54, effective October 15, 1987; transferred from § 71:04:01:11, SL 1989, ch 21, § 5, effective July 1, 1989; repealed, 19 SDR 68, effective November 8, 1992.

Rule 46:31:01:12 Repealed. 46:31:01:12. Fair hearing procedure.Repealed. Source: 14 SDR 54, effective October 15, 1987; transferred from § 71:04:01:12, SL 1989, ch 21, § 5, effective July 1, 1989; repealed, 23 SDR 16, effective August 8, 1996.

Rule 46:31:01:13 Repealed. 46:31:01:13. Written decision required.Repealed. Source: 14 SDR 54, effective October 15, 1987; transferred from § 71:04:01:13, SL 1989, ch 21, § 5, effective July 1, 1989; repealed, 19 SDR 68, effective November 8, 1992.

Rule 46:31:01:14 Repealed. 46:31:01:14. Adjournment of hearing.Repealed. Source: 14 SDR 54, effective October 15, 1987; transferred from § 71:04:01:14, SL 1989, ch 21, § 5, effective July 1, 1989; repealed, 19 SDR 68, effective November 8, 1992.

Rule 46:31:01:15 Repealed. 46:31:01:15. Record of hearing.Repealed. Source: 14 SDR 54, effective October 15, 1987; transferred from § 71:04:01:15, SL 1989, ch 21, § 5, effective July 1, 1989; repealed, 19 SDR 68, effective November 8, 1992.

46:31:02:01. Definitions. Terms used in this chapter mean: (1) "Certificate," a document issued by the department or a national organization recognized by the department, which signifies that the interpreter for the deaf has met certain minimum requirements; (2) "Certified interp…

Rule 46:31:02:02 South Dakota certified interpreter initial registration. 46:31:02:02. Repealed. Source: 33 SDR 107, effective December 26, 2006; repealed, 35 SDR 165, effective December 22, 2008.

46:31:02:03. Initial registration. Repealed. Source: 33 SDR 107, effective December 26, 2006; 35 SDR 165, effective December 22, 2008; 37 SDR 111, effective December 7, 2010; 43 SDR 176, effective July 3, 2017; 50 SDR 63, effective November 28, 2023.

Rule 46:31:02:04 Annual registration. 46:31:02:04. Annual registration. The department shall renew the registration of any individual who has a South Dakota certificate that has not expired and submits a completed registration form provided by the department no later than August …

Rule 46:31:02:04.01 Continuing education maintenance cycle. 46:31:02:04.01. Continuing education maintenance cycle. Each interpreter must complete a minimum of 80 contact hours during a four-year maintenance cycle. Each cycle is four years in length. However, the first cycle for …

Rule 46:31:02:04.02 Continuing education maintenance cycle extension. 46:31:02:04.02. Continuing education maintenance cycle extension. The division shall consider granting a one-year extension of the continuing education maintenance cycle upon written request by an interpreter i…

Rule 46:31:02:05 NAD and RID certified interpreter registration. 46:31:02:05. NAD and RID certified interpreter registration. Repealed. Source: 33 SDR 107, effective December 26, 2006; repealed, 37 SDR 111, effective December 7, 2010.

Rule 46:31:03:01 Eligibility requirements. 46:31:03:01. Eligibility requirements. Any individual applying for a provisional certificate must meet the following requirements: (1) Comply with the requirements of SDCL 1-36A-10.4; (2) Submit a completed provisional application provid…

Rule 46:31:03:02 Approved plan. 46:31:03:02. Approved plan. A self-identified professional development plan must be submitted to the department for approval prior to a provisional certificate being issued. The plan shall outline the individual plan of study and contact hours betw…

Rule 46:31:03:03 Mentoring requirements. 46:31:03:03. Mentoring requirements. Mentoring shall be provided by a certified interpreter or an individual who is deaf, approved by the department, to provide training by teaching, guiding, and advising interpreters and assisting them in…

Rule 46:31:03:04 Continuing education requirements. 46:31:03:04. Continuing education requirements. Any individual issued a provisional certificate shall submit documentation verifying completion of 25 contact hours annually of continued interpreter education provided pursuant to…

Rule 46:31:03:05 Annual registration. 46:31:03:05. Annual registration. Any individual issued a provisional certificate shall register annually with the department by submitting a completed registration form provided by the department, continuing education requirements as outline…

Rule 46:31:03:06 Interpreter settings. 46:31:03:06. Interpreter settings. An individual issued provisional certification may interpret in any setting as outlined in § 46:31:06:01. Source: 33 SDR 107, effective December 26, 2006. General Authority: SDCL 1-36A-12. Law Implemented: …

Rule 46:31:04:01 Interpreter education training. 46:31:04:01. Interpreter education training. The continuing education for an interpreter shall include training in sign language interpreter skills, knowledge of the language and culture of the deaf, and professional practices of i…

Rule 46:31:05:01 Fee schedule. 46:31:05:01. Fee schedule. The following are the fees for registration and certification: (1) Initial and annual registration of South Dakota certified interpreter $ 75 (2) Initial registration of nationally certified interpreter $ 50 (3) Annual reg…

Rule 46:31:06:01 Certification level required for medical, educational, or legal settings. 46:31:06:01. Certification level required for medical, educational, or legal settings. Any individual registered and certified in South Dakota and holding a level III South Dakota certifica…

Rule 46:31:06:02 Certification level required for criminal proceedings or serious medical procedures. 46:31:06:02. Certification level required for criminal proceedings or serious medical procedures. Any individual registered and certified in South Dakota and holding a level IV o…

Rule 46:31:06:03 Repealed. 46:31:06:03. EIPA certified interpreter. Repealed. Source: 33 SDR 107, effective December 26, 2006; repealed, 37 SDR 111, effective December 7, 2010.

Rule 46:32:01:01 Definitions. 46:32:01:01. Definitions. Terms used in this chapter mean: (1) "Applied adjustments," the difference between a patient's total itemized bill and any previously agreed upon, contractual, or legislated agreement with a respective payor; (2) "BFM," the …

Rule 46:32:01:02 Financial assessment. 46:32:01:02. Financial assessment. Any patient admitted to the HSC must complete a financial statement. The HSC shall use the financial statement to determine the patient's ability to pay. The HSC shall categorize the gross income of the pat…

Rule 46:32:01:03 Patient able to pay itemized costs. 46:32:01:03. Patient able to pay itemized costs. If the HSC determines that patient or legally responsible person has the financial resources to pay itemized costs, the HSC shall bill those costs less applied adjustments to the…

Rule 46:32:01:04 Patient unable to pay itemized costs. 46:32:01:04. Patient unable to pay itemized costs. If the HSC determines that a patient or legally responsible person does not have the financial resources to pay the itemized costs of the patient's program, but does have the…

Rule 46:32:01:05 Patient unable to pay per diem. 46:32:01:05. Patient unable to pay per diem. If the HSC determines that a patient or legally responsible person does not have the financial resources to pay the per diem, but does have an ability to pay a lesser amount as provided …

Rule 46:32:01:06 Patient unable to pay reduced per diem. 46:32:01:06. Patient unable to pay reduced per diem. If the HSC determines that a patient or legally responsible person does not have the financial resources to pay the itemized costs, the per diem, or a lesser amount, the …