ARTICLE 20:79
SPEECH-LANGUAGE PATHOLOGISTS
Chapter
20:79:01 Qualifications and application for licensure.
20:79:02 License expiration and requirements for renewal of licensure.
20:79:03 Delivery of telepractice.
20:79:04 Speech-language pathology assistants.
20:79:05 Procedure for suspension and revocation of licensure.
20:79:06 Schedule of disciplinary actions.
CHAPTER 20:79:01
QUALIFICATIONS AND APPLICATION FOR LICENSURE
Section
20:79:01:01 Definitions.
20:79:01:02 Incomplete application.
20:79:01:03 Information required, Repealed.
20:79:01:04 Notarization of application and transcripts.
20:79:01:05 Fees, Repealed.
20:79:01:06 Fee schedule for applications.
20:79:01:07 Fee schedule for licensure.
20:79:01:08 No reimbursement before expiration of license, Repealed.
20:79:01:09 No refunds for fees.
20:79:01:10 Certificates, Repealed.
20:79:01:11 Application disposition.
20:79:01:12 Verification of licensure for the public, Repealed.
20:79:01:13 Restrictions on a limited license to practice speech-language pathology.
20:79:01:14 Term for a provisional license to practice speech-language pathology.
20:79:01:15 Supervision of speech-language provisional licensees.
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by Board staff must be completed within one year from the date received by the board, or the board must consider it withdrawn.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 September 3, 2023.
General Authority: SDCL 36-37-12.
Law Implemented: SDCL 36-37-4, 36-37-12(15), 36-37-14(1), 36-37-15(1), 36-37-17(2), 36-37-18(1), 36-37-18.1(1).
20:79:01:03. Information required. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.
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, effective June 27, 2013.
General Authority: SDCL 36-37-12.
Law Implemented: SDCL 36-37-12.
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 Repealed.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 assistant license, one hundred dollars.
Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.
General Authority: SDCL 36-37-12.
Law Implemented: SDCL 36-37-4, 36-37-12(15), 36-37-14, 36-37-15, 36-37-17, 36-37-18, 36-37-18.1.
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
(4) Speech-language pathology assistant license,one hundred dollars.
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).
20:79:01:08. 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.
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.
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 employment or contract with a public school or district, private school, or state department that provides educational services. A limited license may be renewed so long as speech-language services continue to be rendered in a public school or district, private school, or state department that offers educational services and the renewal fee is paid. A person who holds a limited license may not perform non-medical endoscopy pursuant to SDCL 36-37-4 nor evaluate or treat swallowing functions.
Source: 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 36-37-4, 36-37-6, 36-37-12.
Law Implemented: SDCL 36-37-4, 36-37-12.
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 be renewed one time.
Source: 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 36-37-12.
Law Implemented: SDCL 36-37-12, 36-37-17.
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 provisional licensee and six hours of indirect observation of the provisional licensee. If a provisional licensee has more than one supervisor, the supervisors must coordinate to collectively complete the provisional licensee’s observation hours.
Source: 50 SDR 23, effective September 3, 2023.
General Authority: SDCL 36-37-12.
Law Implemented: SDCL 36-37-14(5), 36-37-17.
Example: Indirect observation includes reviewing diagnostic reports, treatment records, and treatment plans; monitoring participation in case conferences and professional meetings; and evaluations through consultation with colleagues, clients, or client families.
CHAPTER 20:79:02
LICENSE EXPIRATION AND REQUIREMENTS FOR RENEWAL OF LICENSURE
Section
20:79:02:01 License expiration.
20:79:02:02 License renewal.
20:79:02:03 License renewal fees.
20:79:02:04 Late fees.
20:79:02:05 Continuing education.
20:79:02:06 Proof of continuing education.
20:79:02:07 Reinstatement of expired license.
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 fee fixed by the board. An otherwise qualified person who submits a license renewal within 30 days after the expiration shall be granted a license renewal without a late fee.
Source: 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 36-37-12.
Law Implemented: SDCL 36-37-12.
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 education requirements.
Source: 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 36-37-12.
Law Implemented: SDCL 36-37-12.
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-language pathology assistant, one hundred dollars.
Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.
General Authority: SDCL 36-37-12, 36-37-17.
Law Implemented: SDCL 36-37-4, 36-37-12(3), 36-37-17, 36-37-19(3).
20:79:02:04. Late fees. Any person who submits a license renewal after 30 but within 180 days of expiration of the previous license must pay a late fee of $50 in addition to the license renewal fee. Licensees who fail to renew the license within 180 days from the expiration of the previous license will be required to reapply for licensure and all applicable fees will apply.
Source: 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 36-37-12.
Law Implemented: SDCL 36-37-12.
20:79:02:05. Continuing education. To be eligible for renewal, a licensee must complete at least twenty credit hours or 2.0 units of continuing education for each two-year renewal period. One unit of continuing education is equal to ten credit hours. A one-credit college course is equal to 1.5 units. Continuing education may be completed through the American Speech-Language-Hearing Association (ASHA), ASHA-approved providers, or any formal education courses or presentations in which the objectives relate to the theory or clinical application of theory pertaining to the practice of speech-language pathology.
The board retains final authority for acceptance of any continuing education submissions by a licensee.
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(15), 36-37-21(7).
20:79:02:06. Proof of continuing education. The following documentation of proof of continuing education must be submitted with the renewal application:
(1) Certificate of attendance;
(2) Official college transcript; or
(3) ASHA CEU transcript.
Source: 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 36-37-12.
Law Implemented: SDCL 36-37-12.
20:79:02:07. Reinstatement of expired license. An applicant who fails to renew the license within 180 days, may have the license reinstated so long as the applicant:
(1) Submits an application for licensure;
(2) Provides documentation of completion of the required continuing education; and
(3) Pays the application and licensure fee as set by the board.
Source: 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 36-37-12.
Law Implemented: SDCL 36-37-12.
CHAPTER 20:79:03
DELIVERY OF TELEPRACTICE
Section
20:79:03:01 Provision of telepractice services.
20:79:03:02 Limits on telepractice.
20:79:03:01. Provision of telepractice services. The provision of speech-language pathology services in this state through telepractice is subject to state licensure requirements and regulation by the board.
Source: 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 36-37-12.
Law Implemented: SDCL 36-37-7, 36-37-12.
20:79:03:02. Limits on telepractice. All telepractitioners must abide by any statute or rule of this state governing the maintenance of client records and client confidentiality, regardless of the state where the records are maintained.
Source: 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 36-37-12.
Law Implemented: SDCL 36-37-7, 36-37-12.
CHAPTER 20:79:04
SPEECH-LANGUAGE PATHOLOGY ASSISTANTS
Section
20:79:04:01 Responsibilities within the scope for speech-language pathology assistants.
20:79:04:02 Responsibilities outside the scope for speech-language pathology assistants.
20:79:04:03 Supervision of speech-language pathology assistants.
20:79:04:04 Record of supervision.
20:79:04:05 Documentation required for supervision.
20:79:04:06 License of supervisor, Repealed.
20:79:04:01. Responsibilities within the scope for speech-language pathology assistants. A licensed speech-language pathology assistant, who has demonstrated competency, may perform the following under the supervision of a speech-language pathologist:
(1) Administer and score speech, language, and hearing screening tools, speech and language assessment tools, and speech and language monitoring tools without clinical interpretation;
(2) Assist with informal documentation for the supervising speech-language pathologist to use, prepare materials, and assist with other duties not prohibited by § 20:79:04:02;
(3) Implement documented care plans or protocols developed by the supervising speech-language pathologist;
(4) Provide direct client services to address treatment goals as developed by the supervising speech-language pathologist;
(5) Document client performance by preparing charts, records, and graphs, and report the information to the supervising speech-language pathologist;
(6) Perform simple checks and maintenance on equipment;
(7) Assist the supervising speech-language pathologist during assessment of clients, excluding interpretation;
(8) Support the supervising speech-language pathologist in research projects, development of training materials, in-service training, and public relations programs;
(9) Assist with scheduling, record keeping, and safety and maintenance of supplies and equipment;
(10) Program and provide instruction on the use of augmentative and alternative communication services by developing low-tech augmentative and alternative communication materials, programming devices, and providing training and technical assistance on the use of devices, as directed by the supervising speech-language pathologist;
(11) Demonstrate or share information with a client's caregiver and staff regarding feeding and swallowing plans developed and directed by the supervising speech-language pathologist;
(12) Provide guidance and treatment via telepractice to clients who are selected by the supervising speech-language pathologist;
(13) Provide caregiver coaching for facilitation of skills; and
(14) Share objective information regarding client performance to clients, caregivers, and staff, without interpretation or recommendation, as directed by the supervising speech-language pathologist.
A licensed speech-language pathology assistant shall comply with regulations, confidentiality policies, reimbursement requirements, and job responsibilities as assigned by the supervising speech-language pathologist.
Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.
General Authority: SDCL 36-37-12.
Law Implemented: SDCL 36-37-5(3)(c), 36-37-12(15), 36-37-18, 36-37-20.
20:79:04:02. Responsibilities outside the scope for speech-language pathology assistants. A speech-language pathology assistant may not:
(1) Perform any activity that violates § 20:79:06:04;
(2) Represent oneself as a speech-language pathologist;
(3) Interpret screening or test results;
(4) Administer feeding and swallowing screenings, checklists, or test results;
(5) Diagnose communication, feeding, or swallowing disorders;
(6) Perform procedures that require a high level of clinical acumen and technical skill;
(7) Participate in parent conferences, case conferences, or any interdisciplinary team without the presence or prior approval of the supervising speech-language pathologist;
(8) Develop, write, or modify a client's individualized care plan in any way;
(9) Provide client counseling;
(10) Provide interpretative information to the client, caregiver, or staff regarding the client's status or service;
(11) Sign or initial any formal document without the co-signature of the supervising speech-language pathologist;
(12) Assist clients without following the individualized care plan prepared by the supervising speech-language pathologist or without access to supervision by the supervising speech-language pathologist;
(13) Select clients for services or make determinations regarding eligibility or qualification for services;
(14) Discharge clients from services;
(15) Make referrals for additional services;
(16) Develop or determine the swallowing strategies or precautions for clients, caregivers, or staff;
(17) Treat medically fragile clients without supervision;
(18) Design or select augmentative and alternative communication systems or devices; or
(19) Disclose confidential information orally or in writing to anyone who has not been approved by the supervising speech-language pathologist to receive information, unless mandated by law.
Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.
General Authority: SDCL 36-37-12.
Law Implemented: SDCL36-37-5(3)(c), 36-37-12(15), 36-37-18, 36-37-20.
Examples:
(6) High level of clinical acumen and technical skill includes vocal tract prosthesis shaping or fitting, vocal tract imaging, and oral pharyngeal swallow therapy with bolus material.
(11) Formal document includes treatment plans, reports, or reimbursement plans.
20:79:04:03. Supervision of speech-language pathology assistants. During the first two work weeks of supervising a speech-language pathology assistant, the supervising speech-language pathologist shall observe the speech-language pathology assistant performing direct and indirect services and develop a written supervision plan. The plan must include:
(1) The date the plan was developed;
(2) An assessment of the speech-language pathology assistant's skills;
(3) The frequency, amount, and type of supervision to be provided to maintain the highest quality of services; and
(4) Signatures of the speech-language pathologist and speech-language pathology assistant.
The supervising speech-language pathologist must complete a written review of the plan at least annually, or more frequently based on the speech-language pathology assistant’s skills, needs of a client, or setting. The speech-language pathologist and speech-language pathology assistant are jointly responsible for ensuring the plan is implemented and for documenting all supervision activities.
The supervising speech-language pathologist shall initiate the first contact with every client and thereafter review data on every client seen by the speech-language pathology assistant every two weeks. The speech-language pathologist shall make direct contact with each client at least once every sixty calendar days.
The supervising speech-language pathologist shall supervise the speech-language pathology assistant when the assistant is serving medically fragile clients. For purposes of this section, the term, medically fragile, includes any client who is acutely ill and in an unstable health condition.
A speech-language pathology assistant may not practice when a supervising speech-language pathologist is not available in-person or by telecommunication technology. If a supervising speech-language pathologist is no longer available to provide appropriate supervision, the speech-language pathology assistant may not perform assigned tasks until a new supervisor, meeting the requirements of SDCL 36-37-20, has been designated. If the supervising speech-language pathologist changes, the new supervising speech-language pathologist shall develop a new written supervision plan and shall consult the previous supervisor to determine the appropriate supervision level based on the speech-language pathology assistant’s knowledge, skills, experience, and demonstrated competency.
If a speech-language pathology assistant has more than one supervising speech-language pathologist, the supervisors must coordinate to collectively meet the requirements of this section.
Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.
General Authority: SDCL 36-37-12.
Law Implemented: SDCL 36-37-5(3)(c), 36-37-12(15), 36-37-18, 36-37-20.
20:79:04:04. Record of supervision. All supervision must be documented by either the speech-language pathology assistant or the supervising speech-language pathologist and signed by both.
Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.
General Authority: SDCL 36-37-12.
Law Implemented: SDCL 36-37-5(3)(c), 36-37-12(15), 36-37-18, 36-37-20.
20:79:04:05. Documentation required for supervision. The speech-language pathology assistant must submit a notarized form, prescribed by the board and signed by the speech-language pathology assistant and the supervisor, to the board, before the speech-language pathology assistant practices. The supervisor shall agree to supervise the assistant and accept full responsibility for the assistant's professional practice, and shall confirm the agreement on the form.
Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.
General Authority: SDCL 36-37-12.
Law Implemented: SDCL 36-37-5(3)(c), 36-37-12(15), 36-37-18, 36-37-20.
20:79:04:06. License of supervisor. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.
CHAPTER 20:79:05
PROCEDURE FOR SUSPENSION AND REVOCATION OF LICENSURE
Section
20:79:05:01 Review by the board, Repealed.
20:79:05:02 Initiation of suspension or revocation of licensure, Repealed.
20:79:05:03 Multiple respondents.
20:79:05:04 Information file.
20:79:05:05 Proceedings to conform to administrative procedures, Repealed.
20:79:05:06 Appeal from board rulings or decisions, Repealed.
20:79:05:01. Review by the board. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.
20:79:05:02. Initiation of suspension or revocation of licensure. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.
20:79:05:03. Multiple respondents. The board will not accept a complaint against more than one licensee. A complainant must file a separate complaint for each individual who is a subject of the complaint.
Source: 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 36-37-12.
Law Implemented: SDCL 36-37-12.
20:79:05:04. Information file. The board shall keep an information file on each complaint filed with the board. The information in each complaint file shall contain complete, current, and accurate information regarding the complaint and final action taken.
Source: 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 36-37-12.
Law Implemented: SDCL 36-37-12.
20:79:05:05. Proceedings to conform to administrative procedures. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.
20:79:05:06. Appeal from board rulings or decisions. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.
CHAPTER 20:79:06
SCHEDULE OF DISCIPLINARY ACTIONS.
20:79:06:01 Disciplinary actions, Repealed.
20:79:06:02 Determination of appropriate disciplinary action.
20:79:06:03 Additional information.
20:79:06:04 Rules of professional conduct.
20:79:06:01. Disciplinary actions. Repealed.
Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.
20:79:06:02. Determination of appropriate disciplinary action. The board will determine the appropriate disciplinary action according to the following factors:
(1) Seriousness of the violation, including the harm caused or the risk posed to the health and welfare of the person or public;
(2) Previous compliance history;
(3) The severity level necessary to deter future violations;
(4) Efforts to correct or mitigate the previous violation; and
(5) Any other circumstances determined by the board.
Source: 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 36-37-12.
Law Implemented: SDCL 36-37-12, 36-37-21, 36-37-22, 36-37-23, 36-37-24, 36-37-25
20:79:06:04. Rules of professional conduct. Any licensee or applicant for licensure shall abide by the American Speech-Language-Hearing Association Code of Ethics, 2023.
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).
Reference: American Speech-Language-Hearing Association (2023). Code of Ethics. Copies may be obtained from https://www.asha.org/siteassets/publications/code-of-ethics-2023.pdf.
