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South Dakota

Conversations are happening across the country to ensure safe, quality hearing assistance is available to those who need it. Check below to see what’s happening in South Dakota.

Did you know?

21% of South Dakota's population has some form of hearing loss.

Current consumer protection action

Summary: The measure relates to the licensure of hearing aid dispensers and audiologists.

The measure provides definitions:

  • “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
  • “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.

Modifies “provisional license” to be defined as any license 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.

Modifies the practice to audiology and removes otoscopic examinations adds, screening for language, and use of biofeedback. The definition adds “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.”

The measure adds to the scope of practice for licensed hearing aid dispensers.

The measure modifies audiologist licensure requirements by disallowing disciplinary actions and provides that an applicant for an audiology license who completed training prior to August 30, 2007, and possesses a master’s degree in audiology, is exempt from the requirements of subdivisions (3) and (4) upon proof of completion of a period of supervised graduate professional experience in audiology recognized by the American Speech-Language2 Hearing Association or the American Academy of Audiology.

Provides requirements to reinstate a license and adds actions that constitute disciplinary action by the board.

For telehealth, the measure provides that a licensed hearing aid dispenser or audiologist may provide services via telehealth pursuant to chapter 34-52. Any service delivered via telehealth must be equivalent to the quality of services delivered face-to-face.

Sections 28 through 53 are repealed.

Outlook: This measure was signed by Governor Kristi Noem (R) on February 21.

This measure takes effect on July 1.

The January 18 amendment expands applicability for licensees providing receipts upon selling a hearing aid. The February 5 amendment makes a clarifying change to the measure.

Past consumer protection action

January 14, 2022. NAAG Responds to FDA’s Comment Request on New Over-The-Counter Hearing Aid Rules

“In response to a request for comments from the Food and Drug Administration (FDA) regarding new rules regulating over-the-counter hearing aids, NAAG submitted comments encouraging the FDA to take the below steps to ensure that states maintain a role as regulators in this emerging market.”

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