South Dakota 2024 Regular Session

South Dakota Senate Bill SB40

Introduced
1/9/24  
Refer
1/9/24  
Report Pass
1/22/24  
Engrossed
1/23/24  
Refer
1/24/24  
Report Pass
2/8/24  
Enrolled
2/12/24  

Caption

Establish a criminal background check requirement for licensure as an occupational therapist or occupational therapy assistant.

Impact

The enactment of SB40 will result in significant changes to the licensure process for occupational therapists in South Dakota. It necessitates a greater emphasis on background checks, where the Board of Examiners will only issue licenses after receiving and reviewing the criminal history records. This requirement is anticipated to raise the standards for licensure, potentially leading to more thorough assessments of applicants' fitness to practice. Moreover, any applicant who fails to comply or cooperate with these background checks may face denial or revocation of their license.

Summary

Senate Bill 40 aims to establish a criminal background check requirement for individuals seeking licensure as occupational therapists or occupational therapy assistants in South Dakota. This legislative measure intends to enhance the public's safety and ensure that professionals providing occupational therapy services are of sound character, helping to protect the welfare of patients. Applicants will be required to submit fingerprints for state and federal criminal history checks as part of their licensure process. This provision will apply both to new applicants and those currently under disciplinary investigation.

Sentiment

The sentiment surrounding SB40 appears to be broadly supportive among legislators, with 70 votes in favor and none against during its passage, suggesting a strong consensus on the importance of safeguarding public interests. Proponents of the bill emphasize that such measures are essential for maintaining high standards in healthcare and ensuring that occupational therapy practices are delivered by qualified and trustworthy individuals.

Contention

While there has been strong legislative support, potential points of contention could arise regarding the implications of background checks. Some stakeholders might argue that overly stringent requirements could hinder the entry of competent professionals into the workforce, particularly if minor infractions from the past could disproportionately affect licensure. There may also be discussions around the privacy of the applicant's criminal history records and how this data is handled by the Board of Examiners.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1183

Authorize the state's participation in the interstate compact on occupational therapy licensure.

SD SB78

Create the South Dakota Board of Physical Therapy and make an appropriation therefor.

SD HB1203

Establish provisions relating to occupational licensing and criminal convictions.

SD SB98

Identify the means of conducting a criminal background check for the renewal of a gold card or an enhanced permit to carry a concealed pistol.

SD HB1014

Update provisions related to the licensure of speech-language pathologists and speech-language pathology assistants.

SD SB76

Provide for licensure by endorsement for certain licensed professionals and occupations.

SD SB101

Provide the Department of Health with oversight authority for the provision of emergency medical services.

SD SB175

Modify practice criteria for physician assistants.

SD HB1015

Update provisions related to the licensure of funeral directors and the provision of funeral services.

SD SB141

Clarify and modernize cremation requirements and procedures.

Similar Bills

No similar bills found.