ENTITLED An Act to modify and repeal provisions related to the licensure of hearing aid dispensers and audiologists.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 36-24-1 be AMENDED:
36-24-1. Terms used in this chapter mean:
(1) "Audiogram," a graphic summary of the measurements of hearing loss showing number of decibels loss at each frequency tested;
(2) "Audiologist," any person who is engaged in the practice of audiology and licensed pursuant to this chapter;
(3) "Audiology," the application of principles, methods, and procedures related to hearing and the disorders of hearing and to related language and speech disorders;
(4) "Auditory brain stem implant," a surgically implanted device that provides perception of sound via stimulation to the brainstem to a person who has significant sensorineural hearing loss in which stimulation at the auditory nerve is no longer a viable option;
(5) "Auditory osseointegrated device," a device, including surgical and non-surgical wearing options, that delivers sound to the inner ear by bypassing the outer and middle ear via bone conduction;
(6) "Board," the Board of Licensed Hearing Aid Dispensers and Audiologists;
(7) "Cochlear implant," a surgically implanted device that provides perception of sound via stimulation to the cochlea to a person who has sensorineural hearing loss and to whom benefits from a hearing aid are limited;
(8) "Disorders of human hearing, balance, and other neural systems," any condition or auditory sensitivity, acuity, function, or processing disorder, whether of organic or nonorganic origin, peripheral or central, that impedes the normal function of balance or normal process of human communication;
(9) "Dispense," any transfer of title, possession, or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with a distributor or dealer;
(10) "Hearing aid," a wearable instrument, device, or ear mold, and any of its parts, attachments, or accessories, designed for, offered for the purpose of, or represented as aiding a person with, or compensating for, impaired hearing. The term does not include:
(a) Batteries or cords; or
(b) Cochlear implants or cochlear prosthesis;
(11) "Licensed hearing aid dispenser," any person, other than an audiologist, who is engaged in the practice of hearing aid dispensing and who is licensed pursuant to this chapter; and
(12) "Provisional license," any license issued to a person who is training to be a licensed hearing aid dispenser and who is supervised by a person who holds a valid hearing aid dispensing license or audiology license.
Section 2. That 36-24-1.6 be AMENDED:
36-24-1.6. The scope of practice of audiology involves:
(1) Activities that identify, assess, diagnose, manage, and interpret test results related to disorders of human hearing, balance, and other neural systems;
(2) Management of cerumen in order to evaluate hearing or balance, make ear impressions, fit hearing protection or prosthetic devices, and monitor the continuous use of hearing aids;
(3) The conduct and interpretation of behavioral, electroacoustic, or electrophysiologic methods used to assess hearing, balance, and neural system function;
(4) Evaluation and treatment of children and adults with central auditory processing disorders;
(5) Supervision and conduct of newborn hearing screening programs;
(6) Measurement and interpretation of sensory and motor evoked potentials, electromyography, and other electrodiagnostic tests for purposes of neurophysiologic intraoperative monitoring and cranial nerve assessment;
(7) Provision of hearing care by selecting, evaluating, fitting, facilitating adjustment to, and dispensing prosthetic devices, hearing aids, sensory aids, hearing assistive devices, alerting and telecommunication systems, and captioning devices for hearing loss;
(8) Assessment of the candidacy of persons with hearing loss for a cochlear implant, auditory osseointegreated device, or auditory brainstem implant, the provision of fitting and programming the device or implant, and the provision of audiological rehabilitation to optimize device or implant use;
(9) Provision of audiological rehabilitation, including speech reading, communication management, language development, auditory skill development, and counseling for psychosocial adjustment to hearing loss for persons with hearing loss and their families or caregivers;
(10) Consultation to educators as members of interdisciplinary teams about communication management, educational implications of hearing loss, educational programming, classroom acoustics, and large area amplification systems for children with hearing loss;
(11) Prevention of hearing loss and conservation of hearing function by designing, implementing, and coordinating occupational, school, and community hearing conservation and identification programs;
(12) Consultation and provision of rehabilitation to persons with balance disorders using habituation, exercise therapy, and balance retraining;
(13) Design and conduct of basic and applied audiologic research to increase the knowledge base, to develop new methods and programs, and to determine the efficacy of assessment and treatment paradigms; and the dissemination of research findings to other professionals and to the public. For the purpose of this chapter, the term "research" does not include activities that take place under the auspices of a recognized institutional review board;
(14) Education and administration in audiology graduate and professional education programs;
(15) Measurement of functional outcomes, consumer satisfaction, effectiveness, efficiency, and cost benefit of practices and programs to maintain and improve the quality of audiological services;
(16) Administration and supervision of professional and technical personnel who provide support functions to the practice of audiology;
(17) Screening of factors affecting communication function for the purposes of an audiological evaluation or initial identification of individuals with other communication disorders;
(18) Consultation about accessibility for persons with hearing loss in public and private buildings, programs, and services;
(19) Assessment and nonmedical management of tinnitus;
(20) Consultation to individuals, public and private agencies, and governmental bodies, or as an expert witness, regarding legal interpretations of audiology findings, effects of hearing loss and balance system disorders, and relevant noise related considerations;
(21) Case management and service as a liaison for consumers, families, and agencies in order to monitor audiologic status and management and to make recommendations about educational and vocational programming;
(22) Consultation to industry on the development of products and instrumentation related to the measurement and management of auditory or balance function; and
(23) Participation in the development of professional and technical standards.
Section 3. That chapter 34-24 be amended with a NEW SECTION:
The scope of practice of licensed hearing aid dispensing involves:
(1) The evaluation or measurement of hearing in a patient eighteen years or older, by means of an audiometer, for the sole purpose of determining whether a hearing loss will be sufficiently improved by the use of a hearing aid or other hearing instrument to justify prescribing and selling the hearing aid or instrument, and whether that hearing aid or instrument will be in the best interest of the patient;
(2) The prescribing and fitting of an appropriate hearing aid or other hearing instrument based on a patient s hearing loss, ear anatomy, and physical considerations;
(3) The removal of cerumen only as needed when cerumen is impeding the fitting, verification, or function of a hearing aid or other hearing instrument;
(4) The making of impressions or earmolds for the fitting of a hearing aid or other hearing instrument or hearing protection;
(5) The sale and professional placement of the hearing aid or other hearing instrument on a patient;
(6) Intervention necessary to ensure the optimum improvement in hearing ability when utilizing a hearing aid or other hearing instrument;
(7) The education of a patient on the use and care of the hearing aid or other hearing instrument; and
(8) Referring a patient to an appropriate medical professional for any ear-related condition that is observed beyond recognized sensorineural hearing loss.
Section 4. That 36-24-2 be AMENDED:
36-24-2. There is created the Board of Licensed Hearing Aid Dispensers and Audiologists. The board consists of:
(1) Two audiologists with at least two years of experience practicing audiology
(2) Two licensed hearing aid dispensers with at least two years of experience in the practice of fitting and dispensing hearing aids and
(3) One person who is a representative of the public and who is not associated with or financially interested in the practice or business of licensed hearing aid dispensing or audiology and who is not a member of a related profession or occupation.
The Governor shall appoint each member of the board.
Section 5. That 36-24-5 be AMENDED:
36-24-5. The term of office for each member of the board is three years. Each member shall serve until a successor has been appointed.
The term of a member begins on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The term expires on October thirtieth in the third year of appointment.
A member may not serve more than three consecutive, full terms. If a member's office is vacant, the Governor must appoint a new member to complete the unexpired term. A member who is appointed to fill an unexpired term is not considered to have served a full term.
Section 6. That 36-24-8 be AMENDED:
36-24-8. The board shall annually elect one member to serve as president and one member to serve as vice-president.
Section 7. That 36-24-9 be AMENDED:
36-24-9. The board shall hold at least two meetings annually at a place and time set by the board. The board may hold other meetings at a time and place set by the president or a majority of the board.
A majority of the board constitutes a quorum. Except as provided in 36-24-41, a majority vote of members present constitutes a decision of the board.
Section 8. That 36-24-9.1 be AMENDED:
36-24-9.1. Each board member shall receive a per diem set pursuant to 4-7-10.4 and may be reimbursed for expenses as provided by law while engaged in official duties.
Section 9. That 36-24-10.1 be AMENDED:
36-24-10.1. The board shall continue within the Department of Health and shall retain all its prescribed functions, including administrative functions. The board shall submit records, information, and reports in the form and at the times required by the secretary of health. The board shall report to the secretary at least annually.
Section 10. That 36-24-11 be AMENDED:
36-24-11. All moneys coming into the custody of the board must be paid by the board to the state treasurer. The state treasurer shall credit the moneys to the Board of Licensed Hearing Aid Dispensers and Audiologists account of the general fund, 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.
Section 11. That 36-24-12.1 be AMENDED:
36-24-12.1. The board may:
(1) Establish educational, training, and competency standards governing the examination and practice of licensees using board-approved national accrediting agencies and accepted nationally established standards, if applicable;
(2) Examine an eligible applicant for a hearing aid dispensing license;
(3) Issue a license to an applicant who has met the licensure requirements of this chapter and renew the licenses of audiologists and hearing aid dispensers who meet the renewal requirements for licensure of this chapter;
(4) Establish continuing education requirements;
(5) Establish a budget;
(6) Establish peer review committees for audiologists and licensed hearing aid dispensers for review purposes;
(7) Employ personnel in accordance with the needs and budget of the board;
(8) Establish and collect fees as provided for by this chapter;
(9) Enter into contracts as necessary to carry out the board s responsibilities pursuant to the provisions of this chapter;
(10) Revoke, suspend, refuse to issue or renew a license, issue a letter of reprimand or concern, require restitution of fees, or impose probationary conditions in the manner provided in this chapter;
(11) Issue subpoenas, examine witnesses, administer oaths, conduct hearings, and investigate allegations, in accordance with chapter 36-1C, of violations of this chapter and impose penalties if such violations of this chapter have occurred;
(12) Communicate disciplinary actions and licensure status to relevant state and federal governing bodies as may be required, including the National Practitioner Data Bank; and
(13) Carry out the purposes and enforce the provisions of this chapter.
Section 12. That 36-24-17.2 be AMENDED:
36-24-17.2. To be eligible for a license to practice hearing aid dispensing, a person must:
(1) Submi