28-10-1
Definition of terms.
28-10-2
Repealed.
28-10-2.1
Division created.
28-10-3
Repealed.
28-10-4
Superseded.
28-10-5
Subordinate administrative units within division.
28-10-6
Employment of personnel for division.
28-10-7
Political activity by vocational rehabilitation employees prohibited--Discharge
or suspension for violation.
28-10-8
Delegation of powers by director--Powers not subject to delegation.
28-10-9
Repealed.
28-10-10
Vocational rehabilitation services provided to eligible persons.
28-10-11
Rehabilitation services provided based on economic need.
28-10-12
Repealed.
28-10-13
Certification of funds for disbursement.
28-10-14
Review of determinations of counselor or coordinator--Written final
determination by division director required.
28-10-15
Repealed.
28-10-16
Unauthorized use of records and lists as misdemeanor--Dismissal.
28-10-17
Repealed.
28-10-18
Cooperation with public and private agencies in rehabilitation studies and
programs.
28-10-19
Repealed.
28-10-20
Reciprocal agreements with other states for vocational rehabilitation.
28-10-21
Procedural regulations made by secretary.
28-10-22
Repealed.
28-10-23, 28-10-24.
Repealed.
28-10-25
Board of Service to the Blind and Visually Impaired created.
28-10-26
Repealed.
28-10-1. Definition of terms.
Terms used in this chapter mean:
(1) "Director," the director of service to the blind and visually impaired;
(2) "Division," the Division of Service to the Blind and Visually Impaired;
(3) "Impediment to employment," a physical or mental condition which constitutes, contributes to or if not corrected will probably result in an obstruction to independent living or occupational performance;
(4) "Individual with a visual disability," any person who has a visual impairment which results in a substantial impediment to employment or independent living and who can benefit in terms of an employment or independent living outcome;
(5) "Maintenance," money payments not exceeding the estimated cost of subsistence during vocational rehabilitation;
(6) "Occupational licenses," any license, permit, or other written authority required by any governmental unit to be obtained in order to engage in an occupation;
(7) "Physical restoration," any medical, surgical, or therapeutic treatment necessary to correct or substantially reduce an impediment to employment of an individual with a visual disability within a reasonable length of time including medical, psychiatric, dental and surgical treatment, nursing services, hospital care, drugs, medical and surgical supplies, and prosthetic appliances, but excluding curative treatment for acute or transitory conditions;
(8) "Prosthetic appliance," any artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ;
(9) "Rehabilitation training," all necessary training provided to a person with a visual disability to compensate for an impediment to employment including manual, preconditioning, pre-vocational, vocational, and supplementary training and training provided for the purpose of achieving broader and more remunerative skills and capacities;
(10) "Service," all of the services provided by the Division of Service to the Blind and Visually Impaired, including independent living, rehabilitation, and minor medical services;
(11) "Vocational rehabilitation" and "vocational rehabilitation services," any services found by the director to be necessary to enable an individual with a visual disability to engage in a remunerative occupation including assessment for determining eligibility and vocational rehabilitation needs, counseling and placement, rehabilitation training, physical restoration, transportation, occupational licenses, customary occupational tools, equipment, maintenance, training books, and materials and adaptive rehabilitation technology devices and services.
Source: SL 1947, ch 248, § 1; SDC Supp 1960, § 55.39B01; SL 1969, ch 215, §§ 1, 2; SL 1977, ch 226, § 15; SL 1994, ch 231, § 1.
28-10-2.1. Division created.
There is hereby created a division for the purpose of rehabilitation of and services to individuals with visual disabilities to be known as the "Division of Service to the Blind and Visually Impaired."
Source: SL 1973, ch 2, § 74; SL 1977, ch 226, § 16; SL 1994, ch 231, § 2.
28-10-5. Subordinate administrative units within division.
The director of service to the blind and visually impaired shall establish appropriate subordinate administrative units within the Division of Service to the Blind and Visually Impaired.
Source: SL 1947, ch 248, § 3; SDC Supp 1960, § 55.39B03 (2); SL 1977, ch 226, § 17.
28-10-6. Employment of personnel for division.
The director of service to the blind and visually impaired shall employ, pursuant to chapter 3-6D, personnel as the director deems necessary for the efficient performance of the Division of Service to the Blind and Visually Impaired.
Source: SL 1943, ch 267, § 3; SL 1945, ch 308, § 3; SL 1947, ch 248, § 3; SDC Supp 1960, § 55.39B03 (3); SL 1977, ch 226, § 18; SL 2018, ch 12, § 11.
28-10-7. Political activity by vocational rehabilitation employees prohibited--Discharge or suspension for violation.
No officer or employee engaged in the administration of the vocational rehabilitation program shall take any active part in the management of political campaigns or participate in any political activity, except that he shall retain the right to vote as he may please and to express his opinion as a citizen on all subjects. Any officer or employee violating this provision shall be subject to discharge or suspension.
Source: SL 1947, ch 248, § 12; SDC Supp 1960, § 55.39B12.
28-10-8. Delegation of powers by director--Powers not subject to delegation.
The director of service to the blind and visually impaired may delegate to any officer or employee of the Division of Service to the Blind and Visually Impaired such of his powers and duties, except the making of the division's rules, as may be necessary or appropriate.
Source: SL 1947, ch 248, § 3; SDC Supp 1960, § 55.39B03 (8); SL 1977, ch 226, § 19.
28-10-10. Vocational rehabilitation services provided to eligible persons.
The Division of Service to the Blind and Visually Impaired shall provide vocational rehabilitation services to individuals with visual disabilities determined by the director to be eligible.
Source: SL 1947, ch 248, § 4; SDC Supp 1960, § 55.39B04; SL 1977, ch 226, § 20; SL 1994, ch 231, § 4.
28-10-11. Rehabilitation services provided based on economic need.
Except as otherwise provided by law or as specified in the state plan agreement with the federal government, the following rehabilitation services shall be provided to individuals with a visual impairment based upon their economic need:
(1) Physical restoration;
(2) Transportation not provided to determine the eligibility of the individual for vocational rehabilitation services and the nature and extent of the services necessary;
(3) Occupational licenses;
(4) Customary occupational tools and equipment, excluding computer-related assistive technology devices needed to overcome visual disability as an impediment to employment for competitive employment purposes;
(5) Maintenance;
(6) Training books and materials; and
(7) Tuition and fees for participating in postsecondary academic training programs under the Federal Student Financial Assistance Program.
Source: SL 1947, ch 248, § 7; SDC Supp 1960, § 55.39B07; SL 1969, ch 215, § 5; SL 1976, ch 172, § 4; SL 1990, ch 212; SL 1994, ch 231, § 5; SL 2001, ch 153, § 2; SL 2012, ch 14, § 5.
28-10-13. Certification of funds for disbursement.
In carrying out his duties under this chapter, the director of service to the blind and visually impaired shall make certification for disbursement, in accordance with regulations, of funds available for services including vocational rehabilitation.
Source: SL 1947, ch 248, § 3; SDC Supp 1960, § 55.39B03 (5).
28-10-14. Review of determinations of counselor or coordinator--Written final determination by division director required.
The director shall establish procedures, pursuant to chapter 1-26, for the review of determinations made by a rehabilitation counselor or coordinator upon the request of the individual with a visual disability, or the individual's parents or guardians. The procedures shall include a requirement that the final decision concerning the review of a determination be made in writing by the division director. The division director may not delegate responsibility to make a final decision to any other employee of the division.
Source: SL 1947, ch 248, § 9; SDC Supp 1960, § 55.39B09; SL 1977, ch 226, § 21; SL 1981, ch 218, § 2; SL 1989, ch 21, § 148; SL 1994, ch 231, § 7.
28-10-16. Unauthorized use of records and lists as misdemeanor--Dismissal.
It shall be a Class 1 misdemeanor and subject the violator to dismissal, except for purposes directly connected with the administration of the vocational rehabilitation program, and in accordance with regulations, for any person or persons to solicit, disclose, receive, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any list of, or names of, or any information concerning, persons applying for or receiving vocational rehabilitation, directly or indirectly derived from the records, papers, files, or communications of the state or subdivisions or agencies thereof, or acquired in the course of the performance of official duties.
Source: SL 1947, ch 248, § 10; SDC Supp 1960, § 55.39B10.
28-10-18. Cooperation with public and private agencies in rehabilitation studies and programs.
In carrying out the purposes of this chapter, the Division of Service to the Blind and Visually Impaired may cooperate with other departments, agencies, and institutions, both public and private, in providing for the vocational rehabilitation of persons with visual disabilities in studying the problems and in establishing, developing and providing, in conformity with the purposes of this chapter, such programs, facilities and services as may be necessary or desirable.
Source: SL 1947, ch 248, § 4; SDC Supp 1960, § 55.39B04 (1); SL 1994, ch 231, § 10.
28-10-20. Reciprocal agreements with other states for vocational rehabilitation.
In carrying out the purposes of this chapter, the Division of Service to the Blind and Visually Impaired is authorized among other things to enter into reciprocal agreements with other states to provide for the vocational rehabilitation of residents of the states concerned to the extent of services rendered by the State of South Dakota.
Source: SL 1947, ch 248, § 4; SDC Supp 1960, § 55.39B04 (2).
28-10-21. Procedural regulations made by secretary.
The director of service to the blind and visually impaired shall recommend to the secretary of the Department of Human Services who may promulgate rules for the Division of Service to the Blind and Visually Impaired in accordance with chapter 1-26 governing:
(1) The protection of records and confidential information;
(2) Application requirements;
(3) Eligibility requirements;
(4) Income and resource requirements;
(5) Administration and operation of vocational rehabilitation and independent living programs;
(6) Grant applications and awards;
(7) Administrative reviews and fair hearings;
(8) Amount, scope, and duration of rehabilitative services and independent living services; and
(9) Fees.
Source: SL 1947, ch 248, § 3; SDC Supp 1960, § 55.39B03 (1); SL 1976, ch 172, § 3; SL 1977, ch 226, § 23; SL 1990, ch 213, § 5; SL 1992, ch 198, § 2.
28-10-25. Board of Service to the Blind and Visually Impaired created.
There is hereby created a Board of Service to the Blind and Visually Impaired.
Source: SL 1990, ch 213, § 1; SL 1993, ch 20, § 2; SL 2001, ch 155, § 1.
