ARSD Article 20:46 — HEARING AID DISPENSERS

HEALTH HEALTH

Chapter 20:46:01 General provisions

ARSD 20:46:01:01 Repealed

Definitions.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 58, effective March 8, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 24 SDR 33, effective September 22, 1997.

ARSD 20:46:01:02 Repealed

Required tests by hearing aid dispensers.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 58, effective March 8, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 24 SDR 33, effective September 22, 1997.

ARSD 20:46:01:03 Record keeping, Repealed

Record keeping. Repealed.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 58, effective March 8, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 52 SDR 35, effective October 7, 2025.

ARSD 20:46:01:04 Physician consultation advised

A licensed hearing aid dispenser must advise the customer or prospective customer, in writing, that the customer's best interests would be served by consulting a physician prior to the licensed hearing aid dispenser's determination for fitting a hearing aid if the licensed hearing aid dispenser finds any of the following conditions to exist during an examination or consultation:

(1) Visible congenital or traumatic deformity of the ear;

(2) Active discharge from the ear within the previous ninety days or history of intermittent discharge;

(3) Sudden or rapidly progressive hearing loss within the previous ninety days;

(4) Acute or chronic dizziness;

(5) An air-bone gap of fifteen-to-twenty decibels, or more, in the audiogram; or

(6) Visible evidence of excessive buildup of cerumen, or a foreign body, in the ear canal.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 58, effective March 8, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 52 SDR 35, effective October 7, 2025.
• General Authority: SDCL 36-24-47.
• Law Implemented: SDCL 36-24-1.7.

ARSD 20:46:01:05 Definitions

Terms used in this article mean the same as SDCL chapter 36-24.

History

• Source: 52 SDR 35, effective October 7, 2025.
• General Authority: SDCL 36-24-47.
• Law Implemented: SDCL 36-24-1.

Chapter 20:46:02 Continuing education

ARSD 20:46:02:01 Applicability

Repealed.

History

• Source: 2 SDR 58, effective March 8, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 33, effective September 22, 1997; 52 SDR 35, effective October 7, 2025.

ARSD 20:46:02:02 Required continuing education

To renew a license, a licensee shall complete a minimum of twelve hours of continuing education on or before July first and submit evidence of completion with the application required by SDCL 36-24-28.1. This section does not apply to a licensee who is renewing for the first time.

An activity is eligible for credit toward continuing edication hours if it relates to the practice of hearing aid dispensing and either:

(1) Improves or maintains the licensee's professional skills; or

(2) Broadens or refreshes the licensee's knowledge or governing laws, rules, or ethical standards.

History

• Source: 2 SDR 58, effective March 8, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 33, effective September 22, 1997; 52 SDR 35, effective October 7, 2025.
• General Authority: SDCL 36-24-47(2).
• Law Implemented: SDCL 36-24-12.1(4), 36-24-28.1.

ARSD 20:46:02:03 Waiver of continuing education requirement

The board may waive the continuing education requirement of § 20:46:02:02 only upon receipt of an application for a waiver from the licensee on or before June first. The board may grant the waiver:

(1) If the licensee has an illness that prevented the licensee from completing the continuing education requirement certified by the licensee's attending physician, physician assistant, or nurse practitioner; or

(2) For the licensee's undue hardship upon good cause shown to the satisfaction of the board.

History

• Source: 2 SDR 58, effective March 8, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 33, effective September 22, 1997; 52 SDR 35, effective October 7, 2025.
• General Authority: SDCL 36-24-47.
• Law Implemented: SDCL 36-24-12.1(4), 36-24-28.1.

ARSD 20:46:02:04 Repealed

Board approved training school defined.** Repealed.

History

• Source: 2 SDR 58, effective March 8, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 24 SDR 33, effective September 22, 1997.

Chapter 20:46:03 Provisional licensure

ARSD 20:46:03:01 Supervision of provisional hearing aid licensee

A provisional hearing aid dispensing licensee shall receive forty hours of direct, face-to-face supervision, in the manner described in SDCL 36-24-24.2, during the first week of providing services under a provisional hearing aid dispensing license. For a provisional licensee working part-time, the required hours may be divided over the first two weeks of providing services under provisional licensure. The provisional licensee shall receive at least eight hours of direct, face-to-face supervision each week thereafter for the duration of provisional licensure. The supervisor shall verify supervision on a form provided by the board. A supervisor may provide supervision to no more than three provisional licensees at one time.

History

• Source: 18 SDR 142, effective March 11, 1992; 24 SDR 33, effective September 22, 1997; 52 SDR 35, effective October 7, 2025.
• General Authority: SDCL 36-24-47.
• Law Implemented: SDCL 36-24-24.2.

Chapter 20:46:04 Application for licensure

ARSD 20:46:04:01 Information required, Repealed

Information required. Repealed.

History

• Source: 24 SDR 33, effective September 22, 1997; 52 SDR 35, effective October 7, 2025.

ARSD 20:46:04:02 Remittance of fees, Repealed

Remittance of fees. Repealed.

History

• Source: 24 SDR 33, effective September 22, 1997; 52 SDR 35, effective October 7, 2025.

ARSD 20:46:04:03 Fee schedule for applications and licensure

The board shall impose the following application and licensure fees:

(1) Hearing aid dispenser license, initial or renewal, two hundred dollars;

(2) Provisional hearing aid dispenser license, one hundred dollars;

(3) Late fee for renewal application received within the grace period described in SDCL 36-24-28.1, fifty dollars;

(4) Late fee for reinstatement pursuant to SDCL 36-24-29.1, fifty dollars; and

(5) Late fee for reinstatement after a suspended or revoked license pursuant to SDCL 36-24-29.2, fifty dollars.

All fees paid to the board are nonrefundable.

History

• Source: 24 SDR 33, effective September 22, 1997; 52 SDR 35, effective October 7, 2025.
• General Authority: SDCL 36-24-17.2(2), 36-24-25.1(2), 36-24-28.1, 36-24-29.1, 36-24-29.2.
• Law Implemented: SDCL 36-24-17.2(2), 36-24-24.2(3), 36-24-25.1(2), 36-34-28.1(1), 36-24-29.1(3), 36-24-29.2.

ARSD 20:46:04:04 Fee for licensure by endorsement without examination, Repealed

Fee for licensure by endorsement without examination. Repealed.

History

• Source: 24 SDR 33, effective September 22, 1997; 52 SDR 35, effective October 7, 2025.

ARSD 20:46:04:05 Annual license renewal

A licensee must remit the annual renewal application for a hearing aid dispenser license to the board on or before July first.

History

• Source: 24 SDR 33, effective September 22, 1997; 52 SDR 35, effective October 7, 2025.
• General Authority: SDCL 36-24-28.1.
• Law Implemented: SDCL 36-24-28.1.

ARSD 20:46:04:06 Incomplete application

An application for initial licensure deemed incomplete by the board must be completed by the applicant within one year from the date received by the board, or the board must consider the application withdrawn.

History

• Source: 52 SDR 35, effective October 7, 2025.
• General Authority: SDCL 36-24-47(7).
• Law Implemented: SDCL 36-24-17.2(1), 36-24-28.1.