Title 36 — PROFESSIONS AND OCCUPATIONS

Terms used in this chapter mean: (1) "Audiogram," a graphic summary of the measurements of hearing loss showing number of decibels loss at each frequency tested; (2) "Audiologist," any person who is engaged in the practice of audiology and licensed pursuant to this chapter; (3) "…

Source: SL 1997, ch 221 , § 2; SL 2024, ch 159 , § 29.

Source: SL 1997, ch 221 , § 3; SL 2024, ch 159 , § 30.

Source: SL 1997, ch 221 , § 4; SL 2024, ch 159 , § 31.

Source: SL 1997, ch 221 , § 5; SL 2024, ch 159 , § 32.

Source: SL 1997, ch 221 , § 6; SL 2024, ch 159 , § 33.

The scope of practice of audiology involves: (1) Activities that identify, assess, diagnose, manage, and interpret test results related to disorders of human hearing, balance, and other neural systems; (2) Management of cerumen in order to evaluate hearing or balance, make ear im…

The scope of practice of licensed hearing aid dispensing involves: (1) The evaluation or measurement of hearing in a patient eighteen years or older, by means of an audiometer, for the sole purpose of determining whether a hearing loss will be sufficiently improved by the use of …

36-24-10.1 Board continued within Department of Health--Records and reports. 36-24-11 Disposition of money received by board--Board of hearing aid dispensers and audiologists account of general fund. 36-24-12

The board shall continue within the Department of Health and shall retain all its prescribed functions, including administrative functions. The board shall submit records, information, and reports in the form and at the times required by the secretary of health. The board shall r…

All moneys coming into the custody of the board must be paid by the board to the state treasurer. The state treasurer shall credit the moneys to the Board of Licensed Hearing Aid Dispensers and Audiologists account of the general fund, which account is hereby created. The moneys …

36-24-12.1 Authority of Board of Hearing Aid Dispensers and Audiologists. 36-24-13

The board may: (1) Establish educational, training, and competency standards governing the examination and practice of licensees using board-approved national accrediting agencies and accepted nationally established standards, if applicable; (2) Examine an eligible applicant for …

36-24-13.1 36-24-13.1 to 36-24-13.3. Repealed by SL 2003, ch 205 , §§ 1 to 3. 36-24-13.4 Repealed. 36-24-14 Repealed. 36-24-15

Source: SL 1997, ch 221 , § 22; SL 2024, ch 159 , § 39.

Source: SL 1968, ch 118 , § 5; SL 2024, ch 159 , § 40. 36-24-15. Repealed by SL 1997, ch 221 , § 59.

36-24-16 License required for practice. 36-24-17

No person may engage in the practice of fitting and dispensing hearing aids or audiology, or display a sign, or in any other way advertise or hold oneself out as a person who practices the fitting and dispensing of hearing aids or audiology in the State of South Dakota unless the…

36-24-17.1 Repealed. 36-24-17.2 Qualifications for licensure--Hearing aid dispenser. 36-24-17.3 Qualifications for licensure--Audiologist. 36-24-17.4 Repealed. 36-24-18 Repealed. 36-24-19 Repealed. 36-24-20 Scope of qualifying examinations. 36-24-21

Source: SL 1997, ch 221 , § 24; SL 2024, ch 159 , § 41.

To be eligible for a license to practice hearing aid dispensing, a person must: (1) Submit an application on a form prescribed by the board; (2) Submit an application fee, in an amount established by the board in rule promulgated pursuant to chapter 1-26 , but not exceeding three…

To be eligible for licensure by the board as an audiologist, a person must: (1) Submit an application on a form prescribed by the board; (2) Submit an application fee, in an amount established by the board in rule promulgated pursuant to chapter 1-26 , but not exceeding three hun…

Source: SL 1997, ch 221 , § 27; SL 2024, ch 159 , § 42.

Source: SL 1968, ch 118 , § 7 (1); SL 1997, ch 221 , § 28; SL 2024, ch 159 , § 43.

Source: SL 1968, ch 118 , § 7 (2); SL 1997, ch 221 , § 29; SL 2024, ch 159 , § 44.

There is created the Board of Licensed Hearing Aid Dispensers and Audiologists. The board consists of: (1) Two audiologists with at least two years of experience practicing audiology; (2) Two licensed hearing aid dispensers with at least two years of experience in the practice of…

The practicum examination required by subdivision 36-24-17.2 (6) must include: (1) Tests of knowledge in the following areas as they pertain to the fitting and dispensing of hearing aids: (a) Basic physics of sound; (b) The human hearing mechanism, including the science of hearin…

36-24-21.1 Repealed. 36-24-22

Source: SL 1997, ch 221 , § 31; SL 2008, ch 191 , § 48; SL 2024, ch 159 , § 45. 36-24-22. Repealed by SL 1997, ch 221 , § 62. 36-24-23. Omitted. 36-24-24. Repealed by SL 1997, ch 221 , § 63.

36-24-23

36-24-24

36-24-24.1 Certain activities not prevented or restricted. 36-24-24.2 Provisional hearing aid dispensing license--Scope of provisional license. 36-24-24.3 Repealed. 36-24-25

Nothing in this chapter may be construed as preventing or restricting: (1) A person licensed, certified, registered, or otherwise credentialed by this state in another profession from practicing within the scope of the profession for which the person is licensed, certified, regis…

The board may issue a provisional license to a person who: (1) Except for passing an examination under this chapter, otherwise qualifies for a hearing aid dispensing license; (2) Submits an application on the form prescribed by the board; and (3) Pays the application fee set by t…

Source: SL 1997, ch 221 , § 34; SL 2008, ch 191 , § 49; SL 2024, ch 159 , § 46. 36-24-25. Repealed by SL 1997, ch 221 , § 64.

36-24-25.1 Issuance of license to out-of-state licensee--Promulgation of rule. 36-24-25.2 Foreign educated applicant. 36-24-26 36-24-26 , 36-24-27. Repealed by SL 1975, ch 238 , § 5. 36-24-28

The board may issue a hearing aid dispensing license or audiology license to a person who holds a valid license from another state in the person's respective professional area who: (1) Applies to the board on a form prescribed by the board; (2) Pays the application fee, not to ex…

The board shall waive the education, practicum, and professional experience requirements for an applicant who received a professional education in another country if: (1) The board is satisfied that equivalent education and practicum requirements have been met; and (2) The applic…

36-24-28.1 Expiration of license--Renewal. 36-24-29

A license or provisional license issued under this chapter expires annually at a time specified by rules promulgated by the board pursuant to chapter 1-26 . A person licensed under this chapter shall: (1) Pay a renewal license fee established by the board, by rule promulgated pur…

36-24-29.1 Failure to renew--Reinstatement--New license--Promulgation of rule. 36-24-29.2 Suspended license--Revoked license--Probation--Promulgation of rule. 36-24-30 Posting of certificate of license--Violation a misdemeanor. 36-24-31 Change of business information--Board notic…

The board may reinstate the license of a person who fails to renew the license by the end of the thirty-day grace period if: (1) The person submits an application for reinstatement to the board within twenty-four months after the expiration date of the license; (2) The person mee…

A suspended license is subject to expiration and may be renewed as provided in this chapter, but such renewal does not entitle the licensee, while the license remains suspended and until the license is reinstated, to engage in the licensed activity or in any other conduct or acti…

Source: SL 1968, ch 118 , § 1 (1); revised pursuant to SL 1973, ch 2 , § 58; SL 1991, ch 1 , § 4; SL 1997, ch 221 , § 9; SL 2024, ch 159 , § 34.

The license required by § 36-24-16 shall be kept conspicuously posted in the licensee's office or place of business at all times. A violation of this section is a Class 2 misdemeanor. Source: SL 1968, ch 118 , § 3; SL 1997, ch 221 , § 40.

Each licensee, upon changing a name, place of employment, or place of business, must, within ninety days thereafter, provide the board with updated information. A post office box number may not be the address of the place of business. The board may provide any notice required to …

Any notice required to be given by the board to a person who holds a hearing aid dispensing license or an audiology license may be given by mailing it to the licensee at the address of the last place of business of which the licensee has notified the board under §

A licensee must provide, to each person sold a hearing aid, a receipt that contains the: (1) Seller's signature; (2) Business address of the seller; (3) Specifications of the hearing aid furnished, including whether it is new, used, or rebuilt; (4) Serial number of the aid; (5) D…

Source: SL 1968, ch 118 , § 17 (1); SL 1997, ch 221 , § 44; SL 2024, ch 159 , § 47.

Source: SL 1968, ch 118 , § 17 (2); SL 1997, ch 221 , § 45; SL 2024, ch 159 , § 48.