Changes to Existing Law

The Department of Education shall develop and implement a plan to identify and10 evaluate hearing deaf or hard of hearing and visually impaired children and coordinate delivery11 of direct educational programs and services to meet the needs of all visually and hearing impaired and deaf or hard-of-hearing children in South Dakota.

No sign language interpreter or relay service operator who has interpreted for7 or relayed information for a deaf, speech impaired, or hearing impaired hard-of-hearing person8 may be compelled to divulge or be examined as part of any proceeding concerning any9 information or communication given to him in his capacity as an interpreter or relay service10 operator if his client is otherwise accorded a privilege under this chapter.

100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -HB 1122 19-3-10.1. No sign language interpreter or relay service operator who has interpreted for or1 relayed information for a deaf, speech impaired, or hearing impaired hard of hearing person may2 divulge to any other person any information or communication given to him in his capacity as3 such an interpreter or relay service operator. A violation of this section is a Class misdemeanor.

Nothing in this chapter may be construed as preventing or restricting: (1)A person licensed or registered by this state in another profession from practicing the14 profession for which licensed or registered; (2)A person credentialed by this state as a teacher of the hearing impaired deaf or hard- of-hearing students providing instruction to the hearing impaired persons who are deaf or hard of hearing; (3)A physician or surgeon licensed by this state from performing tasks directly related19 to a disorder being treated; (4)Any person possessing a valid certificate as a certified industrial audiometric21 technician or occupational hearing conservationist recognized by the board as22 meeting Council for Accreditation in Occupational Hearing Conservation Standards23 if such service is performed in cooperation with either an audiologist licensed under24 - 3 -HB 1122 this chapter or a licensed physician of this state.

The Department of Human Services shall establish and administer a statewide3 program to provide telecommunication and other communication devices and services to4 residents of this state who have disabilities that prevent them from having communication5 access and maintain a dual party relay system making all phases of public telecommunications6 and communication service available to persons who are deaf, severely hearing impaired hard of hearing, or speech impaired. This program may be implemented through contracts with public8 or private organizations that provide services to persons who are deaf or persons with other9 severe disabilities.