State of South Dakota
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EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012
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940T0120
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HOUSE HEALTH AND HUMAN SERVICES
ENGROSSED NO. SB 72 - 2/14/2012
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Introduced by: Senators Hunhoff (Jean), Adelstein, Begalka, Fryslie, Hansen (Tom),
Heineman, Kraus, Krebs, Nelson (Tom), Rhoden, Schlekeway, Tidemann,
Tieszen, and Vehle and Representatives Romkema, Blake, Bolin,
Boomgarden, Gibson, Hunhoff (Bernie), Kirkeby, Moser, Munsterman,
Street, Verchio, and Wick
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FOR AN ACT ENTITLED, An Act to regulate persons offering speech-language pathology to
the public.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Terms used in this Act mean:
(1) "Board," the Board of Examiners for Speech-Language Pathology;
(2) "Department," the Department of Health;
(3) "Endoscopy," an imaging procedure included 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, and swallowing
function;
(4) "Mentorship," the direct on-site supervision and monitoring of a speech-language
pathologist with a provisional license by a licensed speech-language pathologist;
(5) "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;
(6) "Speech-language pathologist," any person who engages in the practice of
speech-language pathology and who meets the qualifications set forth in this Act;
(7) "Speech-language pathology assistant," any person who assists in the practice of
speech-language pathology and who meets the qualifications set forth in this Act; and
(8) "Telepractice," "telespeech," "telespeech-language pathology," or "telehealth,"
whether used separately or together. Telepractice service means the application of
telecommunication technology to deliver speech-language pathology at a distance for
assessment, intervention, or consultation.
Section 2. For the purposes of this Act, 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 also includes establishing augmentative and alternative communication techniques
and strategies, including developing, selecting, and prescribing of such systems and devices,
excluding the dispensing and fitting of hearing aids pursuant to chapter 36-24, providing
services to individuals with hearing loss and their families, screening persons for hearing loss
or middle ear pathology using conventional pure-tone air conduction methods, otoacoustic
emissions screening, or screening typanometry, using instrumentation to observe, collect data,
and measure parameters of communication and swallowing, selecting, fitting, and establishing
effective use of prosthetic or adaptive devices for communication, swallowing, or other upper
aerodigestive functions, and providing services to modify or enhance communication
performance.
Section 3. 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 Act. 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.
Section 4. Any person who holds any 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 Act may apply for and shall be granted a limited license to
practice as a speech-language pathologist as long as:
(1) The application is made no later than July 1, 2014; and
(2) The applicant complies with the provisions of subdivisions (1), (2), and (7) of section
14 of this Act.
The limits of the license shall be determined by the board in rules promulgated pursuant to
chapter 1-26.
Section 5. Nothing in this Act 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
(c) The person works under the supervision of a person licensed by this state to
practice speech-language pathology;
(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.
Section 6. Any person who is licensed as a speech-language pathologist in South Dakota
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.
Section 7. Any person who is licensed as a speech-language pathologist in South Dakota
may provide speech-language pathology services via telepractice. Services delivered via
telespeech shall be equivalent to the quality of services delivered face-to-face.
Section 8. There is hereby created a Board of Examiners for Speech-Language Pathology
under the supervision of the Department of Health. The board shall consist of five members
appointed by the Governor who are residents of this state. Four of the members shall be
speech-language pathologists who are currently practicing speech-language pathology, who have
five years experience practicing speech-language pathology, and who hold a license to practice
speech-language pathology in this state, except for the first speech-language pathologists
appointed who need only meet the eligibility requirements for licensure. At least one of the
members who is a speech-language pathologist shall be employed in a school setting and one
of the members who is a speech-language pathologist shall be employed in a health care setting.
One of the members shall be a representative of the public who is not associated with or
financially interested in the practice or business of speech-language pathology.
Section 9. Each appointment to the board shall be for a period of three years except for the
initial appointments which shall be for staggered terms. 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.
Section 10. The board shall meet during the first quarter of each calendar year to select a
chair and vice chair and to conduct other business. At least one additional meeting shall be held
before the end of each calendar year. Additional meetings may be convened at the call of the
chair or at the request of two or more board members.
Four members of the board constitutes a quorum to do business if the majority of the
members present are speech-language pathologists.
Section 11. Members of the board shall receive a per diem established pursuant to § 4-7-10.4
and expenses at the same rate as other state employees while actually engaged in official duties.
Section 12. The board has the following powers and duties:
(1) Administer, coordinate, and enforce the provisions of this Act, 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 Act 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
provision of this Act;
(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 Act;
(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 Act;
(b) Monitoring a license holder who is ordered by the board to perform certain
acts;
(c) Identifying a license holder who presents a risk to the public; and
(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;
(l4) 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 Act.
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.
Section 13. 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 Act. The total expenses incurred by the board
may not exceed the total moneys collected.
Section 14. To be eligible for licensure by the board as a speech-language pathologist, the
applicant shall:
(1) Submit an application, upon a form prescribed by the board;
(2) Pay the application fee;
(3) Possess a master's or doctoral degree from an educational institution accredited by
the accrediting agency of the American Speech-Language-Hearing Association and
from an educational institution approved by the United States Department of
Education;
(4) Complete supervised clinical practicum experiences from an educational institution
or its cooperating programs;
(5) Complete a supervised postgraduate professional experience;
(6) Pass a written national examination in speech-language pathology; and
(7) Have committed no act for which disciplinary action may be justified.
Section 15. The board shall waive the qualifications in subdivisions (3), (4), (5), and (6) of
section 14 of this Act for any applicant who has filed an application with the board, has paid the
application fee, has not committed any act for which disciplinary action may be justified and:
(1) Presents proof of current licensure in a state that has standards that are equivalent to
or greater than those of this state; or
(2) Holds a current Certificate of Clinical Competence in Speech Language Pathology
from the American Speech-Language-Hearing Association.
Section 16. The board may waive the qualifications in subdivisions (3), (4), and (5) of
section 14 of this Act for any applicant who:
(1) Received a professional education in another country if the board is satisfied that
equivalent education and practicum requirements have been met; and
(2) Met the examination requirements in subdivision (6) of section 14 of this Act.
Section 17. The board shall issue a provisional license in speech-language pathology to an
applicant who:
(1) Except for the postgraduate professional experience, meets the academic, practicum,
and examination requirements of this Act;
(2) Submits an application, upon a form prescribed by the board, including a plan for the
content of the postgraduate professional experience;
(3) Pays the application fee for a provisional license; and
(4) Has not committed any act for which disciplinary action may be justified.
A person holding a provisional license may practice speech-language pathology only while
working under the mentorship of a licensed speech-language pathologist who meets the
qualifications of sections 14, 15, or 16 of this Act. The term for a provisional license and the
conditions for its renewal shall be determined by the board in rules promulgated pursuant to
chapter 1-26.
Section 18. The board shall issue a speech-language pathology assistant license to an
applicant who:
(1) Submits an application, upon a form prescribed by the board;
(2) Pays the application fee;
(3) Holds an associate's degree in speech-language pathology assisting or a bachelor's
degree with major emphasis in speech-language pathology or communication
disorders from an accredited academic institution;
(4) Submits an official transcript verifying necessary academic preparation and clinical
experiences;
(5) Completes a supervised clinical practicum of a minimum of one hundred clock hours
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.
Section 19. Any person who is employed as a paraprofessional providing speech-language
pathology services under the direct supervision of a speech-language pathologist who holds 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 Act may apply for
and shall be granted a speech-language pathology assistant license and may continue to practice
as a speech-language pathology assistant. This exception expires July 1, 2020, at which time all
speech-language pathology assistants shall meet the requirements of this Act.
Section 20. An assistant shall be supervised by a licensed speech-language pathologist who
has at least three years of experience as a speech-language pathologist. 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.
An assistant may have more than one supervisor if the board is notified.
Section 21. The board may impose separately, or in combination, any of the following
disciplinary actions on a licensee after formal or informal disciplinary action:
(1) Refuse to issue or renew a license;
(2) Issue a letter of reprimand or concern;
(3) Require restitution of fees;
(4) Impose probationary conditions;
(5) Require the licensee to reimburse the board for costs of the investigation and
proceeding;
(6) Suspend or revoke a license;
(7) Impose practice or supervision requirements, or both; or
(8) Require licensees to attend continuing education programs specified by the board as
to content and hours.
Section 22. 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.
Section 23. The board may take disciplinary actions for the following conduct:
(1) Fraudulently or deceptively obtaining or attempting to obtain a license or a
provisional license;
(2) Fraudulently of deceptively using a license or provisional license;
(3) Altering a license or provisional license;
(4) Aiding or abetting unlicensed practice;
(5) Selling, bartering, or offering to sell or barter a license or provisional license;
(6) 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;
(c) Obtaining a fee through fraud or misrepresentation;
(7) 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;
(8) Falsely representing the use or availability of services or advise of a physician;
(9) 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 a regionally accredited institution;
(10) Committing any act of dishonesty, immorality, or unprofessional conduct while
engaging in the practice of speech-language pathology;
(11) Engaging in illegal, incompetent, or negligent practice;
(12) Providing professional services while:
(a) Mentally incompetent;
(b) Under the influence of alcohol;
(c) Using any narcotic or controlled dangerous substance or other drug that is in
excess of therapeutic amounts or without valid medical indication;
(13) 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;
(14) Violating any provision of this Act, or any lawful order given, or rule adopted, by the
board;
(15) Being convicted or pleading guilty or nolo contendere to a felony or to a crime
involving moral turpitude, whether or not any appeal or other proceeding is pending
to have the conviction or plea set aside;
(16) 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;
(17) Exploiting a patient for financial gain or sexual favors;
(18) Failing to report suspected cases of child abuse or vulnerable adult abuse;
(19) Diagnosing or treating a person for speech disorders by mail or telephone unless the
person has been previously examined by the licensee and the diagnosis or treatment
is related to such examination; or
(20) Violating federal, state, or local laws relating to the profession.
The board shall adopt, by rules promulgated pursuant to chapter 1-26, a schedule of
sanctions to be imposed as the result of formal or informal disciplinary activities conducted by
the board.
Section 24. The board may take disciplinary action or suspend, revoke, or reissue a license
or certification 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 shall otherwise conform to the procedure set forth in chapter 1-26.
Any decision of the board to discipline, suspend, revoke, or reissue a license or certification
requires a majority vote of the board membership.
Any party feeling aggrieved by any acts, rulings, or decisions of the board acting pursuant
to sections 21, 22, or 23 of this Act, has the right to appeal under the provisions of chapter 1-26.
Section 25. Any person violating the provisions of this Act may be enjoined from further
violations at the suit of the state's attorney of the county where the violations occurred or suit
may be brought by any citizen of this state. An action for injunction is an alternate to criminal
proceedings, and the commencement of one proceeding by the board constitutes an election.