Title 36, PROFESSIONS AND OCCUPATIONS

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 …

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 …

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…

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…

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…

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…

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…

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…

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…

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 § 36-24-31 . A po…

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…

The board may take disciplinary action for the following conduct: (1) Fraudulently or deceptively obtaining or attempting to obtain a license or provisional license; (2) Fraudulently or deceptively using a license or provisional license; (3) Altering a license or provisional lice…

Any person licensed under this chapter is subject to the disciplinary actions of this section. Disciplinary actions are subject to contested case procedure in chapter 1-26 . The board may impose, separately or in combination, any of the following disciplinary actions: (1) Refuse …

The board may suspend, revoke, deny, or deny the renewal of a license issued pursuant to this chapter in compliance with chapter 1-26 and chapter 36-1C . Any decision of the board to discipline a licensee, or to suspend, revoke, or reinstate a license requires a majority vote of …

Any person violating the provisions of this chapter may be enjoined from further violation upon application by the board for an injunction in any court of competent jurisdiction to restrain the person from continuing to practice. No proceeding may be barred by any proceeding that…

The board may apply for relief by injunction, without bond, to restrain any person, partnership, or corporation from engaging in any act or practice which constitutes an offense against this chapter. It is not necessary for the board to allege and prove that there is no adequate …

The board shall promulgate rules, pursuant to chapter 1-26 , to: (1) Delineate qualifications for licensure; (2) Specify requirements for the renewal of licensure; (3) Establish standards of professional conduct; (4) Establish a schedule of disciplinary actions for violations of …

A licensed hearing aid dispenser or audiologist may provide services via telehealth pursuant to chapter 34-52 . Any service delivered via telehealth must be equivalent to the quality of services delivered face-to-face. Source: SL 2024, ch 159 , § 28.

The term of office for each member of the board is three years. Each member shall serve until a successor has been appointed. The term of a member begins on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Gov…

The board shall annually elect one member to serve as president and one member to serve as vice-president. Source: SL 1968, ch 118 , § 1 (4); SL 2024, ch 159 , § 6.

The board shall hold at least two meetings annually at a place and time set by the board. The board may hold other meetings at a time and place set by the president or a majority of the board. A majority of the board constitutes a quorum. Except as provided in § 36-24-41 , a majo…

Each board member shall receive a per diem set pursuant to § 4-7-10.4 and may be reimbursed for expenses as provided by law while engaged in official duties. Source: SL 1997, ch 221 , § 15; SL 2018, ch 12 , § 17; SL 2024, ch 159 , § 8. 36-24-10