SDLRC - Codified Law 36-37 - SPEECH-LANGUAGE PATHOLOGISTS

CHAPTER 36-37

SPEECH-LANGUAGE PATHOLOGISTS

36-37-1 Definitions.

36-37-2 Practice of speech-language pathology defined.

36-37-3 License to practice speech-language pathology required--Violation as misdemeanor.

36-37-4 Persons holding speech-language pathologist certificate from Department of Education before July 1, 2012.

36-37-5 Activities not restricted by chapter.

36-37-6 Nonmedical endoscopy.

36-37-7 Telehealth authorized.

36-37-8 Board of Examiners for Speech-Language Pathology.

36-37-9 Terms of board members--Vacancy--Removal.

36-37-10 Meetings of board.

36-37-11 Compensation of members.

36-37-12 Powers and duties of board.

36-37-13 Moneys collected and payments by board.

36-37-14 Speech-language pathologist--Requirements for licensure.

36-37-15 Speech language pathologists--Requirements for licensure--Form--Promulgation of rules.

36-37-16 Waiver of certain requirements for foreign applicants meeting examination requirements.

36-37-17 Speech language pathologist--Provisional licenses--Promulgation of rules.

36-37-18 Speech-language pathology assistants--Requirements for licensure.

36-37-18.1 Speech-language pathology assistants--Requirements for licensure--Out-of-state license--Association certificate.

36-37-19 Paraprofessionals holding speech-language pathologist certificate from Department of Education as of July 1, 2012.

36-37-20 Supervision of speech-language pathology assistant.

36-37-21 Disciplinary actions.

36-37-22 Reinstatement of suspended or revoked license.

36-37-23 Actions constituting misconduct.

36-37-24 Disciplinary hearing--Procedure--Appeal.

36-37-25 Injunction for violation.

36-37-26 Change of name, employment, or place of business--Information furnished to board.

36-37-1. Definitions.

Terms used in this chapter mean:

(1) "Board," the Board of Examiners for Speech-Language Pathology;

(2) "Provisional license," the license issued to an applicant who is practicing speech-language pathology while completing the supervised postgraduate professional experience following completion of master's degree in speech-language pathology;

(3) "Speech-language pathologist," any person who engages in the practice of speech-language pathology and who is licensed in accordance with this chapter;

(4) "Speech-language pathology assistant," any person who assists in the practice of speech-language pathology and who meets the qualifications set forth in this chapter; and

(5) "Supervision," the direct, on-site monitoring by a speech-language pathologist of a speech-language pathology assistant or a speech-language pathologist with a provisional license.

Source: SL 2012, ch 196, § 1; SL 2023, ch 141, § 1.

36-37-2. Practice of speech-language pathology defined.

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, consultation, assessment, evaluation, diagnosis, treatment, intervention management, counseling, collaboration, and referral services for disorders of speech, language, feeding, and swallowing, and for cognitive aspects of communication. The practice of speech-language pathology includes:

(1) Establishing augmentative and alternative communication techniques and strategies, including developing, selecting, and prescribing of techniques, strategies, and devices, excluding the dispensing and fitting of hearing aids pursuant to chapter 36-24;

(2) Providing services to individuals with hearing loss and their families;

(3) Screening individuals for hearing loss or middle ear pathology using conventional pure-tone air conduction methods, otoacoustic emissions screening, or screening typanometry;

(4) Using instrumentation to observe, collect data, and measure parameters of communication and swallowing;

(5) Selecting, fitting, and establishing effective use of prosthetic or adaptive devices for communication, swallowing, or other upper aerodigestive functions; and

(6) Providing services to modify or enhance communication performance.

Source: SL 2012, ch 196, § 2; SL 2023, ch 141, § 2.

36-37-3. License to practice speech-language pathology required--Violation as misdemeanor.

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-language pathologist or speech-language pathology assistant if the person holds himself or herself out to the public by any means, or by any service or function performed, directly or indirectly, or by using the terms, speech pathologist, speech therapist, speech teacher, speech correctionist, speech clinician, language therapist, language pathologist, language specialist, voice therapist, voice pathologist, logopedist, communicologist, aphasiologist, phoniatrist, speech-language pathologist assistant, or any variation, synonym, coinage, or other word that expresses, employs, or implies these terms, names, or functions. A violation of this section is a Class 2 misdemeanor.

Source: SL 2012, ch 196, § 3.

36-37-4. Persons holding speech-language pathologist certificate from Department of Education before July 1, 2012.

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-language pathologist. The board shall renew a limited license if:

(1) The person's initial application for a limited license was submitted no later than July 1, 2014; and

(2) The person:

(a) Submits an application for renewal on a form prescribed by the board;

(b) Pays the application fee established by the board, in accordance with § 37-36-12; and

The board shall promulgate rules, pursuant to chapter 1-26, to prescribe the limits of the license authorized by this section.

Source: SL 2012, ch 196, § 4; SL 2023, ch 141, § 3.

36-37-5. Activities not restricted by chapter.

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 teacher of the deaf;

(3) The activities and services of any person pursuing a course of study leading to a degree in speech-language pathology or as a speech-language pathology assistant at a college or university if:

(a) The activities and services constitute a part of a planned course of study at that institution;

(b) The person is designated by a title such as intern, trainee, student, or by other such title clearly indicating the status appropriate to their level of education; and

(4) The activities of any person who is not licensed in this state from engaging in the practice of speech-language pathology for the purpose of providing training or continuous education as long as they hold an active license in another state, agree to abide by the standards of professional conduct and do not engage in such activities exceeding five days in any calendar year.

Source: SL 2012, ch 196, § 5.

36-37-6. Nonmedical endoscopy.

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 perform these procedures. A licensed speech-language pathologist shall have protocols in place for emergency medical backup when performing procedures using an endoscope.

For the purposes of this section, the term, endoscopy, means an imaging procedure within the scope of practice for speech-language pathologists in which a speech-language pathologist uses a flexible nasal endoscopy, rigid oral endoscopy, or stroboscopy for the purpose of evaluating and treating disorders of speech, voice, resonance, or swallowing function.

Source: SL 2012, ch 196, § 6; SL 2023, ch 141, § 4.

36-37-8. Board of Examiners for Speech-Language Pathology.

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 standing and practicing speech-language pathology; and

(2) One representative of the public who is:

(a) A resident of this state; and

(b) Not associated with, or financially interested in, the practice or business of speech-language pathology.

At least one member must be a speech-language pathologist employed in a school setting, and at least one member must be a speech-language pathologist employed in a health care setting.

The board shall annually elect from its members a president and vice-president.

Source: SL 2012, ch 196, § 8; SL 2023, ch 141, § 6.

36-37-9. Terms of board members--Vacancy--Removal.

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 expiration of a term, the Governor shall appoint a qualified person to fill the vacancy for the unexpired term. No member may serve more than three consecutive three-year terms.

The Governor may remove any member of the board for unprofessional conduct, incompetence, or neglect of duty.

Source: SL 2012, ch 196, § 9; SL 2023, ch 141, § 7.

36-37-12. Powers and duties of board.

The board has the following powers and duties:

(1) Administer, coordinate, and enforce the provisions of this chapter, evaluate the qualifications of applicants, supervise the examination of applicants, and issue and renew licenses;

(2) Issue subpoenas, examine witnesses, administer oaths, conduct hearings, and, at its discretion, investigate allegations of violations of this chapter and impose penalties for any violations;

(3) Promulgate rules pursuant to chapter 1-26 to delineate qualifications for licensure, specify requirements for the renewal of licensure, regulate the delivery of services via telepractice, establish standards of professional conduct, specify procedures for suspension and revocation of licensure, establish a schedule of disciplinary actions for violations of professional conduct, permit inactive licensures, establish procedures for collection and management of fees and payments, establish application, biennial licensure, biennial renewal, and late fees not to exceed one hundred fifty dollars each delineate activities that may or may not be delegated to an assistant, and specify requirements for supervision of speech-language pathology assistants based on national guidelines;

(4) Have available the names and addresses of persons currently licensed pursuant to the provisions of this chapter;

(5) Employ personnel in accordance with its needs and budget;

(6) Request legal advice and assistance, as needed, from the Office of the Attorney General;

(7) Enter into such contracts as necessary to carry out its responsibilities under this chapter;

(8) Hire legal counsel;

(9) Establish a budget;

(10) Submit reports of its operations and finances as required by § 4-7-7. 2;

(11) Adopt an official seal by which it shall authenticate its proceedings, copies, records, acts of the board, and licenses;

(12) Develop procedures for:

(a) Monitoring a license holder's compliance with the requirements of this chapter;

(b) Monitoring a license holder who is ordered by the board to perform certain acts;

(d) Initiating appropriate actions regarding a license holder who presents a risk to the public;

(13) Develop a system for monitoring complaints filed with the board, procedures for providing assistance to a person who wishes to file a complaint, and a schedule for disposing of complaints in a timely manner;

(14) Communicate disciplinary actions to relevant state and federal authorities including the National Practitioners Database and the American Speech-Language-Hearing Association Board of Ethics and to other state speech-language pathology licensing authorities; and

(15) Perform any other duties directly related to the administration of the provisions of this chapter.

No member of the board is liable for civil action for any act performed in good faith in the performance of the member's duties as prescribed by law.

Source: SL 2012, ch 196, § 12.

36-37-13. Moneys collected and payments by board.

All moneys coming into the custody of the board, including any fees and any other payments, shall be paid by the board to the state treasurer on or before the tenth day of each month and shall consist of all moneys received by the board during the preceding calendar month. The state treasurer shall credit the moneys to the Board of Examiners for Speech-Language Pathology account, which account is hereby created. The moneys in the account are hereby continuously appropriated to the board for the purpose of paying the expense of administering and enforcing the provisions of this chapter. The total expenses incurred by the board may not exceed the total moneys collected.

Source: SL 2012, ch 196, § 13.

36-37-14. Speech-language pathologist--Requirements for licensure.

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 educational institution that is accredited, or has been awarded accreditation candidate status, by the accrediting agency of the American Speech-Language-Hearing Association and is an educational institution approved by the United States Department of Education;

(4) Has completed supervised clinical practicum experiences from an educational institution or its cooperating programs;

(5) Has completed a supervised postgraduate professional experience;

(6) Has passed a written national examination in speech-language pathology; and

(7) Has committed no act for which disciplinary action is justified.

Any license issued to a speech-language pathologist who possesses a master's or doctoral degree from an educational institution awarded candidate status by the American Speech-Language-Hearing Association automatically expires if the educational institution fails to maintain candidacy status or is denied accreditation. The speech-language pathologist shall inform the board of any changes to the educational institution's candidacy status.

Source: SL 2012, ch 196, § 14; SL 2023, ch 141, § 9.

36-37-15. Speech language pathologists--Requirements for licensure--Form--Promulgation of rules.

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;

(3) Holds a current, unrestricted license from a state with substantially equivalent licensure standards, or a Certificate of Clinical Competence in Speech-Language Pathology from the American Speech-Language-Hearing Association; and

(4) Has not committed any act that constitutes grounds for refusal, suspension, or revocation of a license.

Source: SL 2012, ch 196, § 15; SL 2023, ch 141, § 10.

36-37-17. Speech language pathologist--Provisional licenses--Promulgation of rules.

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 application fee established by the board for a provisional license, in accordance with § 36-37-12; and

(4) Has not committed any act for which disciplinary action is justified.

A person holding a provisional license may practice speech-language pathology only while working under the supervision of a speech-language pathologist who is licensed in accordance with § 36-37-14, 36-37-15, or 36-37-16. The board shall promulgate rules, in accordance with chapter 1-26, to establish the term for a provisional license and the conditions for its renewal.

Source: SL 2012, ch 196, § 17; SL 2023, ch 141, § 11.

36-37-18. Speech-language pathology assistants--Requirements for licensure.

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-language pathology assisting or a bachelor's degree with a major in speech-language pathology or communication sciences and disorders from an accredited educational institution;

(4) Verifies required academic preparation and clinical experiences;

(5) Completes a minimum of one hundred hours of supervised clinical experience as a speech-language pathology assistant while either on the job or during academic preparation; and

(6) Has committed no act for which disciplinary action is justified.

While completing the supervised clinical experience required in subdivision (5), neither the applicant nor the supervising speech-language pathologist may represent the applicant as a licensed speech-language pathology assistant. The supervising speech-language pathologist must be available at all times when the applicant is competing on-the-job clinical fieldwork.

Source: SL 2012, ch 196, § 18; SL 2023, ch 141, § 12.

36-37-18.1. Speech-language pathology assistants--Requirements for licensure--Out-of-state license--Association certificate.

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 § 36-37-12;

(3) Holds a current, unrestricted license from a state with substantially equivalent licensure standards, or a current Certification in Speech-Language Pathology Assisting from the American Speech-Language-Hearing Association; and

(4) Has not committed any act that constitutes grounds for refusal, suspension, or revocation of a license.

Source: SL 2023, ch 141, § 13.

36-37-19. Paraprofessionals holding speech-language pathologist certificate from Department of Education as of July 1, 2012.

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, and does not otherwise meet the qualifications set forth in this chapter may apply for a speech-language pathology assistant license. The board shall issue a speech-language pathology assistant license, and the person may continue to practice as a speech-language pathology assistant as long as the person:

(1) Submitted an initial application for an assistant license no later than July 1, 2014;

(2) Has continued to render speech-language pathology services in the school district where the person was employed at the time of initial application, with no break in employment; and

(3) Pays the renewal fee established by the board, in accordance with § 36-37-12.

Source: SL 2012, ch 196, § 19; SL 2019, ch 174, § 1; SL 2023, ch 141, § 14.

36-37-20. Supervision of speech-language pathology assistant.

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 experience requirement. The supervising speech-language pathologist:

(1) Is responsible for the extent, kind, and quality of service provided by the assistant, consistent with the board's designated standards and requirements;

(2) Shall ensure that persons receiving services from an assistant receive prior written notification that services are to be provided, in whole or in part, by a speech-language pathology assistant;

(3) May not supervise more than three speech-language pathology assistants at one time.

A speech-language pathology assistant may have more than one supervisor.

Source: SL 2012, ch 196, § 20; SL 2023, ch 141, § 15.

36-37-21. Disciplinary actions.

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 probationary conditions;

(4) Require reimbursement to the board for costs of the investigation and proceeding;

(5) Suspend or revoke a license;

(6) Impose practice or supervision requirements, or both; or

(7) Require attendance at continuing education programs specified by the board as to content and hours.

Source: SL 2012, ch 196, § 21; SL 2023, ch 141, § 16.

36-37-22. Reinstatement of suspended or revoked license.

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) Limit practice to the areas prescribed by the board; or

(3) Continue or review continuing education until the license holder attains and degree of skill satisfactory to the board in those areas that are the basis of the probation.

Source: SL 2012, ch 196, § 22.

36-37-23. Actions constituting misconduct.

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 barter a license or provisional license;

(4) Committing fraud or deceit in the practice of speech-language pathology, including:

(a) Willfully making or filing a false report or record in the practice of speech-language pathology;

(b) Submitting a false statement to collect a fee; or

(5) Using or promoting, or causing the use of, any misleading, deceiving, improbable, or untruthful advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand insignia, or any other representation;

(6) Falsely representing the use or availability of services or advice of a physician;

(7) Misrepresenting the applicant, licensee, or holder, by using the term, doctor, or any similar word, abbreviation, or symbol if the use is not accurate or if the degree was not obtained from an accredited institution;

(8) Committing any act of dishonesty, immorality, or unprofessional conduct while engaging in the practice of speech-language pathology;

(9) Engaging in illegal, incompetent, or negligent practice;

(10) Providing services or promoting the sale of devices, appliances, or products to a person who cannot reasonably be expected to benefit from such services, devices, appliances, or products;

(11) Violating any provision of this chapter, or any lawful order given, or rule adopted, by the board;

(12) Being convicted or pleading guilty or nolo contendere to a felony or to a crime involving moral turpitude, as defined in § 22-1-2, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

(13) Being disciplined by a licensing or disciplinary authority of any state or country, or any nationally recognized professional organization, or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section;

(14) Exploiting a patient for financial gain or sexual favors;

(15) Failing to report suspected cases of child abuse or vulnerable adult abuse;

(16) Violating federal, state, or local laws relating to the profession;

(17) Not reporting discipline by another state or territory under federal jurisdiction to the board; or

(18) Not reporting a conviction of any felony offense, or any conviction of a criminal offense arising out of the practice of speech-language pathology.

Source: SL 2012, ch 196, § 23; SL 2023, ch 141, § 17.

36-37-24. Disciplinary hearing--Procedure--Appeal.

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 suspension of a license or certification must otherwise conform to the procedure set forth in chapter 1-26 and chapter 36-1C.

Any decision of the board to discipline, suspend, revoke, or reissue a license or certification requires a majority vote of the board.

Source: SL 2012, ch 196, § 24; SL 2023, ch 141, § 18.