ENTITLED An Act to update provisions related to the licensure of speech-language pathologists and speech-language pathology assistants.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   36-37-1 be AMENDED:

36-37-1. 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.

Section 2. That   36-37-2 be AMENDED:

36-37-2. 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.

Section 3. That   36-37-4 be AMENDED:

36-37-4. 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

(c) Has not committed an act for which disciplinary action is justified.

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

Section 4. That   36-37-6 be AMENDED:

36-37-6. 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.

Section 5. That   36-37-7 be AMENDED:

36-37-7. Any person who is licensed pursuant to this chapter may provide speech-language pathology services via telehealth. Services delivered via telehealth must be equivalent to the quality of services delivered face-to-face.

For the purposes of this section, the term, telehealth, has the meaning provided in   34-52-1.

Section 6. That   36-37-8 be AMENDED:

36-37-8. 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

(c) Have at least five years of experience 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.

Section 7. That   36-37-9 be AMENDED:

36-37-9. 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.

Section 8. That   36-37-10 be AMENDED:

36-37-10. The board shall meet at least twice each year, at times and places determined by a majority of the board. The board may hold additional meetings as determined by the president or a majority of the board.

Section 9. That   36-37-14 be AMENDED:

36-37-14. 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.