State Seal REGISTER

South Dakota Legislative Research Council

Volume 26 Monday, 8:00 a.m., August 23, 1999


A COPY OF EACH REGISTER IS FILED IN THE OFFICE OF THE SECRETARY OF STATE

NOTICES OF PROPOSED RULES: (The date in parentheses is the date the rules were filed in the Legislative Research Council)

Department of Commerce and Regulation: Board of Nursing (August 16, 1999) is proposing rules to increase the licensure fees for RN's and LPN's. The general authority for these rules, as cited by the department, is SDCL 36-9-21 and 36-9-91.

A public hearing will be held at the Sheraton Hotel & Convention Center, Meeting Room 1, 1211 North West Avenue, Sioux Falls, South Dakota, on Thursday, September 16, 1999, at 4:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to the Board of Nursing, 4300 South Louise Avenue, Sioux Falls, South Dakota 57106-3124. Material sent by mail must reach the Board prior to the hearing to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the department can make arrangements may call (605) 362-2760 at least forty-eight hours before the hearing.

Department of Commerce and Regulation: Joint Board of Nursing and Board of Medical and Osteopathic Examiners (August 16, 1999) is proposing rules for Nurse Practitioners and Midwives to remove the requirement for a practice agreement in the application for initial licensure; clarify requirements for issuance of temporary permits prior to licensure; update address information of the approved certification examination organizations; remove requirement for a practice agreement at the time of renewal of licensure; clarify requirements for reinstatement of lapsed licenses; clarify requirements for reactivation of inactive licenses; establish standards for collaboration with a licensed physician; define "direct personal contact"; clarify collaboration standards for multiple practice sites; require identification of secondary collaborating physicians; clarify requirements for temporary collaborating physicians; and establish requirements for the submission and modifications to collaborative agreements. The general authority for these rules, as cited by the department, is SDCL 36-9A-41.

A public hearing will be held at the Oaks Hotel, Dakota Room B, 3300 West Russell Street, Sioux Falls, South Dakota, on September 16, 1999, at 9:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to the Board of Nursing, 4300 South Louise Avenue, Sioux Falls, South Dakota 57106-3124. Material sent by mail must reach the Board prior to the hearing to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the department can make arrangements may call (605) 362-2760 at least forty-eight hours before the hearing.

Department of Human Services (August 16, 1999) intends to adopt rules relating to monitoring statewide gambling treatment programs for the Division of Alcohol and Drug Abuse and rules for the Human Services Center in Yankton to include a structure for a patient's financial assessment and an outline of itemized billing protocol. The general authority for these rules, as cited by the department, is SDCL 27A-4-2, 27A-13-3.1, 27A-13-3.2, and 34-20A-27.

A public hearing will be held at the following RDTN sites: State Capitol Building, 500 East Capitol, Room B12, Pierre; Rapid City Regional Hospital, 353 Fairmont Blvd, Rapid City; Sioux Valley Hospital, 1100 South Euclid Avenue, Room G466, Sioux Falls; SD Human Services Center, 3515 Broadway Avenue, Room 3, Yankton; on Thursday, September 9, 1999, from 2:00 to 4:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to Marilyn Hanson, Department of Human Services, East Highway 34, c/o 500 East Capitol, Pierre, South Dakota 57501. Material sent by mail must reach the Department of Human Services by September 19, 1999, to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the department can make arrangements may call (605) 773-5990 at least forty-eight hours before the hearing.

 

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Executive Appointments:

Daniel Olsen, Watertown, was appointed to the South Dakota Weed and Pest Control Commission to replace Ron Boone, effective immediately and to continue until June 1, 2002.

Rebecca A. Schenk, Pierre, was appointed to the South Dakota Humanities Council to replace Kay Tobin, effective immediately and to continue at the pleasure of the Governor.

 

Note: A copy of the rules may be obtained directly from the above agencies. Write to the agency at the address given under "Notices of Proposed Rules." There is no charge for proposed

rules. The following agencies have permission from the Interim Rules Review Committee to charge for adopted rules: the Division of Insurance, the Cosmetology Commission, the State Board of Examiners in Optometry, the State Plumbing Commission, the Board of Nursing, the Department of Social Services, the State Electrical Commission, the South Dakota Board of Pharmacy, the Real Estate Commission, the Gaming Commission, the Department of Commerce and Regulation for commercial driver licensing, the Department of Labor for Article 47:03, and the Department of Revenue.

REMINDER OF HEARINGS SCHEDULED

8-26-99

Transportation

Revise speed zones in Lincoln and Roberts County; 26 SDR 17.

9-8-99

Bureau of Personnel: Law Enforcement Civil Service Commission

Selection process for law enforcement applicants, rules for selective examination of certain applicants, removing applicants from selection process, update grounds for disciplinary action, update references; 26 SDR 25.

9-9-99

Commerce and Regulation: Division of Insurance

Set proper reserves for annuities; 26 SDR 25.

9-9-99

Commerce and Regulation: Commission on Gaming

Racing rules to allow certain horses to race in SD, gambling rules to provide uniformity in application of multiple player slot machines and number of devices for taxation purposes in Deadwood; 26 SDR 25.

9-9-99

Human Services

Monitor statewide gambling treatment programs and itemized billing for Human Services Center; 26 SDR 29.

9-10-99

Agriculture: Division of Agricultural Services

Clarify locally declared pest list; 26 SDR 21.

9-16-99

Commerce and Regulation: Board of Medical and Osteopathic Examiners

Reduce the annual physician licensure renewal fee to $50; 26 SDR 17.

9-16-99

Commerce and Regulation: Board of Nursing

Increase licensure fees for RN's and LPN's; 26 SDR 29.

9-16-99

Commerce and Regulation: Joint Board of Nursing and Board of Medical & Osteopathic Examiners

Amend and clarify licensure provisions and collaborative practice; 26 SDR 29.

10-1-99

Commerce and Regulation: Board of Social Work Examiners

Candidates for CSW-PIP licensure to file supervision agreements, clarify requirement for licensure, define criteria for supervision; 26 SDR 9.

10-7-99

Commerce and Regulation: Board of Funeral Services

Enable Board of Funeral Service to regulate crematories; 26 SDR 17.

 

 

Rules Review Committee Meeting

The next meeting of the Interim Rules Review Committee will be held Tuesday, October 19, 1999, in Legislative Conference Rooms 1 and 2, Third Floor, State Capitol, Pierre, starting at 9:00 a.m. Agencies whose rules have had a public hearing are asked to have a representative present at the meeting to give background information on their rules.

Each agency is requested to provide LRC with eight copies of the most recent draft of its rules two days before the meeting.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The South Dakota Register, ISSN 0191-1104, is published by the South Dakota Legislative Research Council pursuant to SDCL 1-26A-1. Subscriptions to Volume 26 are $20. Make checks payable to "State of South Dakota" and mail to the Legislative Research Council, State Capitol, 500 East Capitol Avenue, Pierre, South Dakota 57501-5070. Information from the Register is available free of charge on the Internet at http://www.state.sd.us/state/legis/lrc.htm.