S.D. Codified Laws § 36-37-12

Current through the 2024 Legislative Session
Section 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;
(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;
(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.

SDCL 36-37-12

SL 2012, ch 196, §12.