Title 36, PROFESSIONS AND OCCUPATIONS

The board may issue a speech-language pathologist license to a person who: (1) Submits an application on a form prescribed by the board; (2) Pays the application fee established by the board, in accordance with § 36-37-12 ; (3) Possesses a master's or doctoral degree from an educ…

The board shall issue a speech-language pathologist license to a person who: (1) Submits an application on a form prescribed by the board in rules promulgated in accordance with chapter 1-26 ; (2) Pays the application fee established by the board, in accordance with § 36-37-12 ; …

The board may waive the qualifications in subdivisions 36-37-14(3), (4), and (5) for any applicant who: (1) Received a professional education in another country if the board is satisfied that equivalent education and practicum requirements have been met; and (2) Met the examinati…

The board shall issue a provisional license to a person who: (1) Except for the postgraduate professional experience, meets the academic, practicum, and examination requirements of this chapter; (2) Submits an application on a form prescribed by the board; (3) Pays the applicatio…

The board shall issue a speech-language pathology assistant license to a person who: (1) Submits an application on a form prescribed by the board; (2) Pays the application fee established by the board, in accordance with § 36-37-12 ; (3) Holds an associate's degree in speech-lang…

The board shall issue a speech-language pathology assistant license to a person who: (1) Submits an application on a form prescribed by the board in rules promulgated in accordance with chapter 1-26 ; (2) Pays the application fee established by the board, in accordance with § 36-…

Any person who is employed as a paraprofessional providing speech-language pathology services, under the direct supervision of a speech-language pathologist, who possessed a speech-language pathologist certificate from the South Dakota Department of Education as of July 1, 2012, …

For the purposes of this chapter, the practice of speech-language pathology is the application of principles, methods, and procedures related to the development, disorders, and effectiveness of human communication and related functions including providing prevention, screening, c…

A speech-language pathology assistant must be supervised by a speech-language pathologist, or a speech-language pathologist with a limited license, who has at least two years of experience. Any time licensed as a provisional speech-language pathologist counts toward the two-year …

The board may impose any of the following disciplinary actions on a speech-language pathologist or a speech-language-pathology assistant after formal or informal disciplinary action: (1) Refuse to renew a license; (2) Issue a letter of reprimand or concern; (3) Impose probationar…

If the board imposes suspension or revocation of license, application may be made to the board for reinstatement. If a licensee is placed on probation, the board may require the license holder to: (1) Report regularly to the board on matters that are the basis of probation; (2) L…

The board may take disciplinary actions for the following conduct: (1) Fraudulently or deceptively obtaining, attempting to obtain, using, or altering a license or a provisional license; (2) Aiding or abetting unlicensed practice; (3) Selling, bartering, or offering to sell or ba…

The board may take disciplinary action or suspend, revoke, or reissue a license only after a hearing conducted by a hearing examiner appointed by the board or by a majority of the members of the board. Any disciplinary proceeding or proceeding relative to the revocation or suspen…

Any person violating the provisions of this chapter may be enjoined from further violations at the suit of the state's attorney of the county where the violations occurred or suit may be brought by any citizen of this state. An action for injunction is an alternate to criminal pr…

Any person licensed pursuant to this chapter shall inform the board, within ninety days, of any change in name, place of employment, or place of business. A post office box number may not be the address of a place of business. Source: SL 2023, ch 141 , § 19.

No person may practice speech-language pathology or represent himself or herself as a speech-language pathologist or speech-language pathology assistant in this state, unless such person is licensed in accordance with this chapter. A person represents oneself to be a speech-langu…

Any person who possessed a speech-language pathologist certificate from the South Dakota Department of Education as of July 1, 2012, and does not otherwise meet the qualifications set forth in this chapter, may apply to the board for a limited license to practice as a speech-lang…

Nothing in this chapter may be construed as preventing or restricting: (1) Any person licensed, certified, registered, or otherwise credentialed by this state in professions other than speech-language pathology from practicing that profession; (2) Any person certified as a teache…

Any person who is licensed as a speech-language pathologist in this state may perform assessment, treatment, and procedures related to speech, voice, resonance, and swallowing function using nonmedical endoscopy as long as the person has received training and is competent to perf…

Any person who is licensed pursuant to this chapter may provide speech-language pathology services via telehealth. Services delivered via telehealth must be equivalent to the quality of services delivered face-to-face. For the purposes of this section, the term, telehealth, has t…

The Governor shall appoint a five-member Board of Examiners for Speech-Language Pathology under the supervision of the Department of Health. The board must consist of: (1) Four speech-language pathologists who: (a) Are residents of this state; (b) Are currently licensed in good s…

Each appointment to the board is for a period of three years. Each member shall serve until the expiration of the term for which the member has been appointed or until the member's successor is appointed and qualified to serve on the board. If a vacancy occurs other than by expir…

Terms used in this chapter mean: (1) "Applied behavior analysis," as provided in subdivision 58-17-154 (1); (2) "Behavior analyst," a person who meets the qualifications of subdivision 58-17-159 (2), who is licensed as a behavior analyst by the board only for the provision of app…

After a behavior analyst applicant presents evidence of certification, the applicant shall pay a fee for initial licensure set by the board, in rules promulgated pursuant to chapter 1-26 , not to exceed three hundred fifty dollars. Source: SL 2016, ch 199 , § 10.

The board shall adopt a code of ethics for behavior analysts licensed under this chapter. Source: SL 2016, ch 199 , § 11.

The board may deny, revoke, suspend, or cancel any license or application for licensure to practice as a behavior analyst and may take other disciplinary or corrective action as the board deems appropriate upon any of the following grounds: (1) The licensee or applicant is guilty…

If the board has information that any licensee may be guilty of any misconduct as provided in § 36-38-12 or is guilty of gross incompetence or unprofessional or dishonorable conduct, the board may institute proceedings for cancellation or revocation of the license. Source: SL 201…

Each proceeding relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license which has been cancelled, revoked, or suspended may only be held if a majority of the members of the board are present at the hearing. The decision of the boar…

All proceedings relative to the cancellation, revocation, or suspension of a license shall conform to the procedure set forth in chapter 1-26 . Source: SL 2016, ch 199 , § 15.

Any party aggrieved by any acts, rulings, or decisions of the board relating to refusal to grant or to cancellation, revocation, or suspension of a license may appeal pursuant to chapter 1-26 . Source: SL 2016, ch 199 , § 16.

Upon written application establishing compliance with existing licensing requirements and for reasons the board deems sufficient, the board, for good cause by majority vote, may reinstate or reissue a license that has been canceled, suspended, or revoked. However, upon suspension…

The secretary-treasurer of the board shall keep a record of each person who has been granted a license pursuant to the provisions of this chapter, the license number, and the date the license was issued or renewed. The record may be admitted as evidence in any court. Source: SL 2…

Any person who practices as a behavior analyst in this state without a license issued by the board is guilty of a Class 2 misdemeanor. Source: SL 2016, ch 199 , § 19.

The term, practice of applied behavior analysis, is the application of principles, methods, and procedures of the analysis of behavior including principles of operant and respondent learning. The term includes applications of those principles, methods, and procedures to: (1) Desi…

In addition to the duties set forth elsewhere in this chapter, the board shall: (1) Recommend prosecution for any violation of this chapter to the appropriate state's attorney; or (2) Recommend to the attorney general the bringing of a civil action to seek injunction and other re…

Any person violating the provisions of this chapter may be enjoined from further violations at the suit of the state's attorney of the county where the violations occurred or suit may be brought by any citizen of this state. An action for injunction shall be an alternate to crimi…

Any money coming into the custody of the board pursuant to this chapter shall be credited to the South Dakota Board of Social Work Examiners fund established under § 36-26-43 . Source: SL 2016, ch 199 , § 23; SL 2023, ch 172 , § 1.

The relations and communications between a licensed behavior analyst and a person consulting a licensed behavior analyst in the person's professional capacity are confidential. Nothing in this chapter may be construed to require the person's confidential communications to be disc…

Any assistant behavior analyst or paraprofessional who delivers applied behavior analysis services under the extended authority and direction of a behavior analyst shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Inve…

No assistant behavior analyst or paraprofessional who has been convicted of a felony or misdemeanor involving moral turpitude as defined in subdivision 22-1-2 (25) during the past five years may deliver applied behavior analysis services under the direction of a behavior analyst.…

The board may promulgate rules, pursuant to chapter 1-26 , that delineate qualifications for licensure, specify requirements for the annual renewal of licensure, establish standards of professional conduct, specify procedures for violations of professional conduct, permit inactiv…

The term, practice of applied behavior analysis, does not include diagnosis, counseling, psychological testing, personality assessment, intellectual assessment, neuropsychological assessment, psychotherapy, cognitive therapy, sex therapy, family therapy, coordination of care, psy…

The Governor shall appoint an applied behavior analyst advisory committee composed of three members. Two of the members shall be behavior analysts licensed under this chapter and the other member shall represent the public and be unaffiliated with the profession. Each committee m…

The provisions of this chapter do not apply to any: (1) Employee of a regionally accredited academic institution while performing teaching, training, or research duties; (2) Provider who is not a resident of this state, and who has established an office in this state, who provide…

No person may represent himself or herself as a behavior analyst, or engage in the practice of, or attempt to practice applied behavior analysis unless licensed pursuant to the provisions of this chapter as an applied behavior analyst or exempted under the provisions of this chap…

The board may grant a license as a behavior analyst to an applicant who: (1) Has earned a master's degree or a doctoral degree; (2) Holds a current certification as a board certified behavior analyst by the Behavior Analyst Certification Board, Inc., or any successor in interest …