South Dakota § 36-24-24.1 - Certain activities not prevented or restricted.

§ 36-24-24.1. Certain activities not prevented or restricted.

Nothing in this chapter may be construed as preventing or restricting:

(1)    A person licensed, certified, registered, or otherwise credentialed by this state in another profession from practicing within the scope of the profession for which the person is licensed, certified, registered, or otherwise credentialed;

(2)    A person credentialed by this state as a teacher of deaf or hard of hearing students from:

(a)    Providing audiology services or teaching in an infant or toddler program, a preschool, an elementary school, a secondary school, or a developmental disability program; or

(b)    Teaching students in institutions of higher education;

(3)    A physician or surgeon licensed by this state from performing tasks directly related to a disorder being treated;

(4)    Any person possessing a valid certificate as a certified industrial audiometric technician or occupational hearing conservationist recognized by the board as meeting Council for Accreditation in Occupational Hearing Conservation standards if the service is performed in cooperation with either an audiologist licensed under this chapter or a licensed physician of this state;

(5)    The activities and services of a person pursuing a course of study leading to a degree in speech-language pathology or audiology 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 the title of intern, trainee, student, volunteer, or other title clearly indicating the status appropriate to the person's level of education; and

(c)    The person works under the supervision of an audiologist;

(6)    The provision of over-the-counter hearing aids or devices available without the supervision, prescription, or other order, involvement, or intervention of a licensed person, to consumers through in-person transactions, by mail, or online; or

(7)    Any commercial activity involving over-the-counter hearing aids or devices, including servicing, marketing, sale, dispensing, use, customer support, or distribution of over-the-counter hearing aids or devices through in-person transactions, by-mail, or online.

Source: SL 1997, ch 221, § 32; SL 2019, ch 8, § 5; SL 2024, ch 159, § 15.