The term, mobility enhancing equipment, as used in SDCL 10-45-14.11 and 10-46-15.6, means equipment including repair and replacement parts to same, but does not include durable medical equipment, which:

1. (1) Is primarily and customarily used to provide or increase the ability to move from one place to another and which is appropriate for use either in a home or a motor vehicle;
2. (2) Is not generally used by persons with normal mobility; and

3. (3) Does not include any motor vehicle or equipment on a motor vehicle normally provided by a motor vehicle manufacturer.

   Examples: Canes, crutches, motorized carts, stair lifts, walkers, wheelchairs, lift and controls specifically added to motor vehicles.

Source: 29 SDR 177, effective July 2, 2003.

General Authority: SDCL 10-45-47.1(3) , 10-45-14.11 , 10-46-15.6.

Law Implemented: SDCL 10-45-14.11 , 10-46-15.6.