1-36A-3.1 to 1-36A-3.3.
Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), §§ 106 to 108, eff. Apr.
1-36A-7. Performance of functions of certain former agencies.
The Department of Human Services shall, under the direction and control of the secretary of human services, perform all the functions of the following former agencies:
(1) The Division of Service to the Blind and Visually Impaired, created by chapter 28-10;
(2) The Division of Vocational Rehabilitation, created by chapter 28-9; and
(3) The disability determination services program in chapter 28-11.
Source: SL 1973, ch 2, §§ 74, 75, 77; SDCL Supp, § 1-36-9; SL 1974, ch 3, § 18; SL 1977, ch 226, § 5; SL 1989, ch 21, § 34; SL 2011, ch 2, § 109.
Repealed by SL 1990, ch 213, § 4.
1-36A-10. Repealed by SL 2012, ch 14, § 2.
1-36A-10.1. Registration of certified interpreters--Annual renewal--Fees.
The Department of Human Services shall register and renew the registration annually of any person certified in accordance with § 1-36A-10.4 or 1-36A-10.5 who demonstrates compliance with §§ 1-36A-10.1 to 1-36A-16, inclusive, and who pays the applicable fees unless good cause exists to deny the registration.
Source: SL 1993, ch 21, § 1; SL 1997, ch 14, § 1; SL 2006, ch 6, § 6; SL 2012, ch 13, § 13.
1-36A-10.2. Interpreting defined.
For the purposes of §§ 1-36A-10.1 to 1-36A-16, inclusive, the term, interpreting, means the process of providing accessible communication between and among persons who are deaf or hard-of-hearing and those who are hearing. This process includes communication between American Sign Language and English. Interpreting may involve various other modalities that involve visual, gestural, and tactile methods.
Source: SL 2006, ch 6, § 1.
1-36A-10.3. Certification and registration required for interpreters receiving remuneration--Violation as misdemeanor.
No person may do any of the following with respect to providing interpreting services for any person who is deaf or hard-of-hearing for a fee or other remuneration unless certified pursuant to § 1-36A-10.4 or 1-36A-10.5 and registered with the Department of Human Services:
(1) Engage in the practice of, or offer to engage in the practice of, interpreting;
(2) Use the title, interpreter, in connection with the person's name; or
(3) Use the title, interpreter, in advertisements or descriptions.
A violation of this section is a Class 2 misdemeanor.
Source: SL 2006, ch 6, § 2.
1-36A-10.4. Provisional certification.
The Department of Human Services may issue provisional certification to a person who:
(1) Has graduated from a postsecondary degree program of two years or more accredited in interpreter preparation or interpreter education;
(2) Participates in a department approved plan of up to five years in preparation for national testing that includes continuing education units and mentoring; and
(3) Registers annually with the department.
Provisional certification may be granted for no more than five years.
Source: SL 2006, ch 6, § 3.
1-36A-10.5. Certain certifications recognized--Competency standards--Annual registration.
Any person may be certified if the person is certified by, and in good standing with, at least one of the following and the Department of Human Services finds such certification has met minimum competency standards as established by rules promulgated pursuant to chapter 1-26:
(1) Certified by the Registry of Interpreters for the Deaf;
(2) Certified by the National Association of the Deaf;
(3) Certified by the Educational Interpreters Proficiency Assessment with a score of at least 3.5; or
(4) Certified by the Department of Human Services prior to July 1, 2006.
A person certified pursuant to subdivision (4) may continue this certification only if the person completes eighty continuing education contact hours every four years, remains in good standing with the department, and registers annually with the department. Any person certified pursuant to this section shall register annually with the department.
Source: SL 2006, ch 6, § 4; SL 2010, ch 11, § 1.
1-36A-10.6. Exception for interpreting during religious service.
Any person may engage in interpreting during the worship service of any religious organization without being certified pursuant to § 1-36A-10.4 or 1-36A-10.5 and registered with the Department of Human Services.
Source: SL 2006, ch 6, § 5.
1-36A-11. Registry of certified interpreters.
The Department of Human Services shall maintain, and publish, and make available upon request a registry of all certified interpreters and their respective levels of qualification.
Source: SL 1987, ch 25, § 1; SL 1992, ch 17, § 1; SL 1993, ch 21, § 2; SL 1996, ch 17, § 1; SL 1997, ch 14, § 2; SL 2001, ch 14, § 1; SL 2006, ch 6, § 7.
1-36A-12. Promulgation of rules concerning interpreters.
The Department of Human Services may promulgate rules pursuant to chapter 1-26 to establish continuing education requirements for individuals registered with the department pursuant to subdivision 1-36A-10.5(4), to establish qualifications, continuing education requirements, extension or exception options to continuing education requirements, mentoring requirements, and requirements for an approved plan for provisional certification pursuant to § 1-36A-10.4, to establish qualifications for interpreters serving in medical, educational, or legal settings, to establish a code of professional conduct and standard of practice, and to establish a procedure for discipline.
Source: SL 1987, ch 25, § 2; SL 1992, ch 17, § 2; SL 1993, ch 21, § 3; SL 1997, ch 14, § 3; SL 2006, ch 6, § 8; SL 2010, ch 11, § 2.
1-36A-13. Fund for registration of interpreters for the deaf.
The fund for certification of interpreters for the deaf in the state treasury is renamed the fund for registration of interpreters for the deaf. All fees received by the Department of Human Services and money collected under § 1-36A-15 shall be deposited in the fund. Any money in the fund is continuously appropriated to the department for expenses incurred in the provisional certification and registration of interpreters for the deaf and may be expended by the secretary of human services.
Source: SL 1993, ch 21, § 4; SL 1997, ch 14, § 4; SL 2006, ch 6, § 9.
1-36A-14. Expenditure of surplus funds.
Any balance of fees received by the Department of Human Services after payment of compensation and expenditures may be expended by the secretary of human services only in administering §§ 1-36A-10.1 to 1-36A-16, inclusive.
Source: SL 1993, ch 21, § 5; SL 1997, ch 14, § 5; SL 2006, ch 6, § 10.
1-36A-15. Fees for provisional certification and registration.
The Department of Human Services shall promulgate rules pursuant to chapter 1-26 to establish the following nonrefundable fees for provisional certification and registration:
(1) For provisional certification, not more than three hundred twenty-five dollars;
(2) For initial registration, not more than fifty dollars;
(3) For annual renewal of registration, not more than thirty-five dollars;
(4) For effecting a name change upon the records of a registrant, not more than ten dollars;
(5) For issuing a duplicate registration, not more than ten dollars; and
(6) For initial registration and annual renewal of persons certified pursuant to subdivision 1-36A-10.5(4), not more than seventy-five dollars .
Source: SL 1993, ch 21, § 6; SL 1997, ch 14, § 6; SL 2001, ch 16, § 1; SL 2006, ch 6, § 11.
1-36A-16. Certain practices not prohibited.
The provisions of §§ 1-36A-10.1 to 1-36A-15, inclusive, do not prohibit:
(1) Any signing assistance in a medical emergency until the assistance of a certified interpreter is obtained;
(2) The practice of interpreting, if directly supervised by a certified interpreter, included in a program of study by a student enrolled in an approved program for the preparation of interpreters for the deaf;
(3) The practice of a legally qualified interpreter for the deaf from another state employed by the United States government and performing official duty in this state; and
(4) The practice of interpreting in this state by an interpreter for the deaf currently licensed in another state, territory, or foreign country who is present in this state to lecture relative to the practice of interpreting for a period of not more than twenty days.
Source: SL 1993, ch 21, § 7; SL 2006, ch 6, § 12.
Repealed by SL 2000, ch 8.
1-36A-18. Establishment of interpreter mentoring program for interpreters for the deaf.
The Department of Human Services shall establish and administer a state-wide interpreter mentoring program for interpreters for the deaf. The program may be implemented through contracts with public and private organizations that provide services to persons who are deaf or hard of hearing.
Source: SL 1993, ch 22, § 2; SL 2019, ch 8, § 1.
Back to Title 1
Repealed by SL 2006, ch 6, § 13.
1-36A-20 to 1-36A-24. Repealed by SL 2012, ch 23, § 10.
1-36A-25. Program for adults and elderly--Establishment--Purposes.
The Department of Human Services may establish a program of services for adults and the elderly to promote the development, coordination, and utilization of resources to meet the long-term needs of adults and the elderly and to provide services to assist them in their social and health problems. The program may include program planning and development, coordination of services for adults and the elderly, and administration of programs funded under the Older Americans Act, Social Security Act, and other federal programs which are available for health, social, transportation, nutrition, counseling, protective, and referral services for adults and the elderly.
Source: SL 1981, ch 199, § 16; SL 2004, ch 167, § 29; SDCL § 28-1-44; SL 2017, ch 230 (Ex. Ord. 17-1), § 25, eff. Apr. 13, 2017.
1-36A-26. Promulgation of rules regarding services for adults and elderly.
The secretary may promulgate reasonable and necessary rules, pursuant to chapter 1-26, for the administration and operation of the program for adults and the elderly relating to the following areas:
(1) Services to enable recipients to remain in their own home and services to older persons in institutional and noninstitutional care;
(2) Legal services;
(3) Transportation services;
(4) Nutrition services;
(5) Information and referral services to help the elderly gain access to programs for their benefit;
(6) Eligibility for services;
(7) Amount, scope, and duration of services;
(8) The basis of payment to and the qualifications for providers of services;
(9) Administration of public grants, record keeping, and audit requirements;
(10) Requirements to obtain federal financial participation and ensure efficient operation and administration of the program;
(11) Adult protective services;
(12) Ombudsman services; and
(13) Payments for elderly, blind, and disabled persons residing in the person's own home or in an institutional or noninstitutional setting; and
(14) Preadmission Screening/Annual Resident Review (PASARR) as defined in § 27B-1-17.
Source: SL 1981, ch 199, § 17; SL 1987, ch 200, § 2; SL 1997, ch 167, § 1; SL 2004, ch 167, § 30; SDCL§ 28-1-45; SL 2017, ch 230 (Ex. Ord. 17-1), § 26, eff. Apr. 13, 2017; SL 2018, ch 17, § 1.
1-36A-27. Records required--Improper use of names or information concerning persons applying for assistance.
The adult services and aging programs shall keep such records as may be required by law or federal regulations. All applications and records concerning any applicant or recipient are confidential. Except for purposes directly connected with the administration of the adult services and aging program and in accordance with the rules of the department, no person may solicit, disclose, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any lists or names of, or any information concerning, persons applying for or receiving public assistance, derived from the records, papers, files, or communications of the department acquired in the course of the performance of official duties.
Source: SL 1987, ch 200, § 3; SL 1988, ch 219; SL 2004, ch 167, § 31; SDCL § 28-1-45.1; SL 2017, ch 230 (Ex. Ord. 17-1), § 27, eff. Apr. 13, 2017.
1-36A-28. Use of information--Publication of names of applicants and recipients prohibited.
The use or disclosure of information concerning applicants and recipients is limited to:
(1) Any person authorized by the secretary in connection with the secretary's official duties, if the official duties are directly connected with the administration of the adult services and aging program;
(2) Any purpose directly connected with the adult services and aging program, including disclosure by the department of information and documents, alleged violator, police department, prosecutor's offices, the attorney general's office, or any other state, county, or federal agency engaged in the detection, investigation, or prosecution of violations of applicable state, county, and federal laws or regulations regarding all aspects of theft, fraud, deception, or overpayment in connection with any aspect of the adult services and aging program. However, disclosure by recipient agencies and personnel is permitted under this section to the extent reasonably necessary to carry out the functions for which the information was provided;
(3) Federal agencies responsible for the administration of federally assisted programs, which provide assistance in cash or in kind.
Any publication of lists or names of applicants and recipients is prohibited.
Source: SL 1987, ch 200, § 4; SL 2004, ch 167, § 32; SDCL § 28-1-45.2; SL 2017, ch 230 (Ex. Ord. 17-1), § 28, eff. Apr. 13, 2017.
1-36A-29. Release of confidential information by written waiver-Exception.
Except for adult protective services cases, confidential information shall be released if requested by specific written waiver of the applicant or recipient concerned.
Source: SL 1987, ch 200, § 7; SL 2004, ch 167, § 34; SDCL § 28-1-45.5; SL 2017, ch 230 (Ex. Ord. 17-1), § 29, eff. Apr. 13, 2017.
1-36A-30. Retaliation against ombudsman program complainant or interference with program as misdemeanor.
No person, facility, or other entity may discriminate or retaliate in any manner against any resident or relative or legally appointed representative, any employee of a nursing facility, assisted living center, or other residential facility or any other person because of making a complaint or providing information in good faith to the ombudsman program. No person, facility, or other entity may willfully interfere with representatives of the ombudsman program in the performance of any official duty. Any person, facility, or other entity that violates this section is guilty of a Class 1 misdemeanor.
Source: SL 1990, ch 206, § 2; SL 1991, ch 272, § 2; SL 2004, ch 167, § 35; SDCL § 28-1-45.7; SL 2017, ch 230 (Ex. Ord. 17-1), § 30, eff. Apr. 13, 2017.