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 certificate, level III NAD certificate, RID certificate, or a South Dakota provisional certificate, may interpret in all settings except for criminal proceedings or serious medical procedures as defined in § 46:31:06:02. An individual certified by the department using the EIPA assessment score of 3.5 or higher may only interpret in elementary and secondary educational settings.

          Source: 33 SDR 107, effective December 26, 2006; 37 SDR 111, effective December 7, 2010; 43 SDR 176, effective July 3, 2017.

          General Authority: SDCL 1-36A-12.

          Law Implemented: SDCL 1-36A-12.

          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 or V South Dakota certificate, level IV or V NAD certificate, NIC, NIC advanced or master level, RID certificate of interpretation or certificate of transliteration, RID combined certificate of interpretation and transliteration, or RID special certificate - legal, may provide interpreting services in all settings, including the following areas:

          (1)  Any criminal proceeding, any interrogation by law enforcement which could result in a criminal charge, any arrest or booking at a police station, any meeting with a probation or parole officer, any meeting with an attorney relating to a potential criminal charge or proceeding, any deposition relating to a potential criminal charge or proceeding, and any grand jury proceeding; or

          (2)  Any serious medical procedure which includes treatment of any health condition that may be life threatening or potentially life threatening, any surgical procedure, any medical examination other than routine, alcohol and drug, psychological, and psychiatric evaluation or treatment.

          Source: 33 SDR 107, effective December 26, 2006; 43 SDR 176, effective July 3, 2017.

          General Authority: SDCL 1-36A-12.

          Law Implemented: SDCL 1-36A-12.

          Cross-Reference: Interpreters for deaf and mute persons--Proceedings for which required, SDCL 19-3-10.