S.D. Admin. R. 41:09:12:03.01

Current through Register Vol. 51, page 67, December 16, 2024

Section 41:09:12:03.01 - Definitions

As used in this chapter :

(1) "Arthritic condition" means a condition resulting from an inflammation of one or more joints due to infectious or metabolic causes;

(2) "Blind or visually impaired" means a person who has a visual acuity 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than twenty degrees;

(3) "Class III cardiac disease" means a moderately severe disease of the heart or cardiovascular system resulting in marked limitation of physical activity. A person diagnosed with this disease is comfortable at rest, but less than ordinary activity causes fatigue, palpitation, dyspnea, or anginal pain;

(4) "Class IV cardiac disease" means a severe disease of the heart or cardiovascular system resulting in an inability to carry on any physical activity without discomfort. A person diagnosed with this disease may exhibit symptoms of heart failure or the anginal syndrome even at rest;

(5) "Licensed physician" means a person who is licensed by the South Dakota Board of Medical and Osteopathic Examiners to practice medicine or osteopathy or who is licensed by a similar state or provincial agency or board in another state or province to practice medicine or osteopathy;

(6) "Lung disease" means a disease that restricts a person's respiratory capacity to such a degree that the person's forced expiratory volume in one second is less than one liter if measured by a spirometer, or the arterial oxygen tension is less than 60 mm/hg on room air at rest;

(7) "Neurological condition" means a condition that adversely affects the nervous system as a result of injury, disease, or birth deficiency;

(8) "Neuromuscular disorder" means a disorder that affects the muscles or the nerves controlling the muscles. The most commonly experienced symptoms are varying degrees of mobility due to muscle weakness, regardless if the disorder originates within the motor nerve cell, the nerve, or the muscle. The symptoms of a neuromuscular disorder are most often degenerative in nature;

(9) "Orthopedic condition" means a condition that adversely affects the skeletal system as a result of injury, disease, or birth deficiency;

(10) "Prosthetic aid" means an artificial device that replaces a missing limb;

(11) "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, excluding the berm or shoulder.

S.D. Admin. R. 41:09:12:03.01

31 SDR 62, effective 11/4/2004; 34 SDR 179, effective 12/24/2007; 47 SDR 027, effective 9/15/2020

General Authority: SDCL 41-2-18(2), 41-8-37.

Law Implemented: SDCL 41-2-18(2), 41-8-37.