reglab/housing_qa huggingface dataset:
SD Codified L § 36-32-78 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-78 - Privileged information--Exceptions.

  36-32-78  .  Privileged information--Exceptions.   No licensee or an employee of a licensee may disclose information that was acquired from any person consulting the licensee in a professional capacity that was necessary to render services in a professional capacity, except:   (1) If mandated by state law or authorized under the Health Insurance Portability and Accountability Act of 1996, as amended to January 1, 2020;   (2) With the written consent of the person or, in the case of the person's death or disability, with the written consent of a personal representative, a person authorized to sue on the person's behalf, or the beneficiary of an insurance policy related to the person's life, health, or physical condition;   (3) If the information is necessary to prevent or mitigate a serious and imminent threat to the health or safety of a person or to the public and the disclosure is made to a person reasonably able to prevent or mitigate the threat, including the target of the threat;   (4) If the licensed professional counselor or professional counselor--mental health is a party defendant to a civil, criminal, or disciplinary action arising from the counselor's professional capacity, in which case any waiver of the privilege accorded by this section is limited to that action;   (5) If the client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or right to present testimony and evidence; or   (6) If the person waives the privilege by bringing charges against the licensee.     Source:  SL 2020, ch 165, § 32.
SD Codified L § 36-32-79 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-79 - Testimony by counselor--Alimony or divorce action.

  36-32-79  .  Testimony by counselor--Alimony or divorce action.   If both parties to a marriage have obtained counseling from a licensed professional counselor or a licensed professional counselor--mental health, the counselor may not testify in an alimony or divorce action concerning information acquired in the course of the therapeutic relationship. This section does not apply to custody actions.     Source:  SL 2020, ch 165, § 33.
SD Codified L § 36-32-80 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-80 - Complaints--Investigation--Dismissal--Hearing--Appeal.

36-32-80. Complaints--Investigation--Dismissal--Hearing--Appeal. Complaints regarding any person licensed under this chapter shall be processed pursuant to chapter 36-1C. A record of each complaint shall be maintained in the board office.Notwithstanding any provision of chapter 36-1C, an investigation may be conducted by a member, agent, or an appointee of the board to determine whether the alleged violation has been committed. The investigator, if a member of the board, may dismiss a complaint if it appears to the member, in consultation with the board president, that no violation has been committed. If the investigator is an agent or an appointee of the board, dismissal of the complaint may only be made by the board president. Any disposition agreed upon between the investigator and the licensee or permit holder shall be made known to and approved by the board.Any disciplinary proceeding must be conducted in accordance with chapter 1-26. Any decision of the board entered in a contested proceeding may be appealed to the circuit court within thirty days. A license or permit remains in effect during the pendency of an appeal, unless suspended under §36-32-86. Source: SL 2020, ch 165, § 34; SL 2021, ch 168, § 41.
SD Codified L § 36-32-81 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-81 - Inspection of premises--Purposes.

  36-32-81  .  Inspection of premises--Purposes.   Upon receiving a complaint regarding the health or safety of any patient or the public, any authorized board member, officer, or agent may enter and inspect, during business hours, any place where counseling is practiced for the purpose of enforcing this chapter. Refusal to allow an inspection may constitute unprofessional or dishonorable conduct.     Source:  SL 2020, ch 165, § 35.
SD Codified L § 36-32-82 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-82 - Discovery--Evidence in contested cases--Civil actions.

  36-32-82  .  Discovery--Evidence in contested cases--Civil actions.   Testimony or documentary evidence of any kind obtained by the board during the investigation of a complaint is not subject to discovery or disclosure under chapter   15-6   or any other provision of law and is not admissible as evidence in any legal proceeding, unless the complaint becomes a contested case under chapter   1-26  . No person who has participated in the investigation of a complaint on behalf of the board may testify as an expert witness or be compelled to testify for any party in any civil action, if the subject matter of the complaint investigated is a basis for the civil action.     Source:  SL 2020, ch 165, § 36.
SD Codified L § 36-32-83 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-83 - Revocation of license--Grounds.

  36-32-83  .  Revocation of license--Grounds.   For purposes of this chapter, "unprofessional or dishonorable conduct" includes a finding that:   (1) The licensee or permit holder is guilty of fraud in the practice of counseling or of fraud or deceit in the licensee's admission to the practice of counseling;   (2) The licensee or permit holder has been convicted during the past five years of a felony, or of any crime which, if committed in this state would constitute a felony;   (3) The licensee or permit holder is engaged in the practice of counseling under a false or assumed name and has not registered that name under chapter   37-11  , or is impersonating another practitioner having a like or different name;   (4) The licensee or permit holder is addicted to the habitual use of intoxicating liquors, narcotics, or stimulants, to an extent that incapacitates the licensee from the performance of professional duties;   (5) The physical or mental condition of the licensee or permit holder, as determined by a competent health care provider, poses a risk of jeopardizing or endangering those who seek services from the licensee;   (6) The licensee or permit holder obtained or attempted to obtain a license, certificate, permit, or renewal through means of bribery or fraudulent representation;   (7) The licensee or permit holder knowingly made a materially false statement in connection with any application under this chapter;   (8) The licensee or permit holder knowingly made a materially false statement on any form required by the board in accordance with this chapter or any rules promulgated under this chapter;   (9) The licensee or permit holder violated any provision of this chapter or any rule promulgated under this chapter; or   (10) The licensee or permit holder violated ethical standards adopted by the board.     Source:  SL 2020, ch 165, § 37.
SD Codified L § 36-32-84 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-84 - Revocation proceedings--Initiation.

  36-32-84  .  Revocation proceedings--Initiation.   Proceedings for the suspension, revocation, or cancellation of a license or permit may be initiated if the board has information that a person may have engaged in any unprofessional or dishonorable conduct, as described in §  36-32-83  , or violated this chapter or any rule promulgated under this chapter.     Source:  SL 2020, ch 165, § 38.
SD Codified L § 36-32-85 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-85 - Violation of chapter--Sanctions.

  36-32-85  .  Violation of chapter--Sanctions.   If the board finds that a person, entity, licensee, or permit holder has engaged in any unprofessional or dishonorable conduct, as described in §  36-32-83  , or violated any provision of this chapter or any rule promulgated under this chapter, the board may:   (1) Revoke a license or permit for an indefinite period;   (2) Suspend a license or permit for a specific or an indefinite period;   (3) Place a limit or a condition on a license or permit;   (4) Issue a censure or a letter of reprimand;   (5) Place a licensee or permit holder on probationary status and require that the licensee or permit holder report regularly to the board on the matters that are the basis for probation, limit the licensee's or permit holder's practice to areas prescribed by the board, and require professional education until a satisfactory degree of skill has been attained in those areas that are the basis of the probation. The board may withdraw the probation if the board finds the deficiencies that required disciplinary action have been remedied;   (6) Impose any other sanction that the board determines is appropriate;   (7) Impose a fee to reimburse the board in an amount equal to some or all of the costs incurred for the investigation and proceedings resulting in disciplinary action, or for the issuance of a cease and desist order; or   (8) Deny an application for a license or permit.     Source:  SL 2020, ch 165, § 39.
SD Codified L § 36-32-86 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-86 - Suspension of license or registration--Grounds--Hearing--Appeal.

  36-32-86  .  Suspension of license or registration--Grounds--Hearing--Appeal.   The board may suspend a license or permit in advance of a final adjudication or during the appeals process if the board finds that allowing a licensee or permit holder to continue practicing would represent a clear and immediate or imminent danger to public health and safety. A person whose license or permit is suspended under this section is entitled to a hearing before the board within twenty days after the effective date of the suspension. The suspension may subsequently be appealed to the circuit court in accordance with chapter   1-26  .     Source:  SL 2020, ch 165, § 40.
SD Codified L § 36-32-87 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-87 - Conformity of revocation proceedings--Appeal.

  36-32-87  .  Conformity of revocation proceedings--Appeal.   All proceedings regarding the suspension, revocation, or cancellation of a license or permit shall conform to the procedure set forth in chapter   1-26  .   A party may appeal any act, ruling, or decision regarding a license, in accordance with chapter   1-26  .     Source:  SL 2020, ch 165, § 41.
SD Codified L § 36-32-88 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-88 - Reinstatement of license.

  36-32-88  .  Reinstatement of license.   At the board's discretion, the board may reinstate or issue a new license or permit. The board may require the applicant to pay all costs of the proceedings resulting in the suspension, revocation, reinstatement, or issuance of a license or permit.     Source:  SL 2020, ch 165, § 42.
SD Codified L § 36-32-89 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-89 - Violations reported to law enforcement officials--Prosecution of violations.

36-32-89. Violations reported to law enforcement officials--Prosecution of violations. The board shall investigate an alleged violation of any provision of this chapter, pursuant to the procedures set forth in chapter 36-1C, and report the alleged violation. The board may employ special counsel subject to the supervision, control, and direction of the attorney general to assist in the prosecution of alleged criminal violations and may expend the necessary funds for this purpose. Source: SL 2020, ch 165, § 43; SL 2021, ch 168, § 42.
SD Codified L § 36-32-90 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-90 - Action for injunction.

  36-32-90  .  Action for injunction.   Any person who violates any provision in this chapter may be enjoined from any further violation at the suit of the state's attorney of the county where the violation occurred. In the alternative, suit may be brought by any resident of this state.     Source:  SL 2020, ch 165, § 44.
SD Codified L § 36-32-91 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-91 - Counseling services through electronic means--Requirements.

  36-32-91  .  Counseling services through electronic means--Requirements.   Any person who practices counseling through electronic means and provides counseling services to a patient located in this state is engaged in the practice of counseling in this state, regardless of the provider's physical location. Any service provided by a person through electronic means shall comply with the provisions of this chapter and rules promulgated under this chapter.     Source:  SL 2020, ch 165, § 45.
SD Codified L § 36-32-92 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-92 - Fees--Promulgation of rules.

  36-32-92  .  Fees--Promulgation of rules.   The board shall promulgate rules in accordance with chapter   1-26  , to establish the following:   (1) An application fee, not to exceed two hundred dollars;   (2) A biennial renewal fee, not to exceed three hundred dollars;   (3) A duplicate license fee, not to exceed fifteen dollars;   (4) An inactive license fee, not to exceed one hundred dollars;   (5) A temporary license fee, not to exceed two hundred dollars; and   (6) A license verification fee, not to exceed twenty-five dollars.     Source:  SL 2020, ch 165, § 46.
SD Codified L § 36-32-93 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-93 - Professional counselors--Continuation of licenses.

  36-32-93  .  Professional counselors--Continuation of licenses.   Any person licensed as a professional counselor under §  36-32-13   before June 30, 2020, is licensed as a professional counselor pursuant to §§  36-32-48   to   36-32-92  , inclusive.     Source:  SL 2020, ch 165, § 47.
SD Codified L § 36-32-94 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-94 - Professional counselor--mental health--Continuation of licenses.

  36-32-94  .  Professional counselor--mental health--Continuation of licenses.   Any person licensed as a professional counselor--mental health under §  36-32-42   before June 30, 2020, is licensed as a professional counselor--mental health pursuant to §§  36-32-48   to   36-32-92  , inclusive.     Source:  SL 2020, ch 165, § 48.
SD Codified L § 36-33-34 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 33 - Marriage And Family Therapists|Section 36-33-34 - Definitions.

  36-33-34  .  Definitions.   Terms used in this chapter mean:   (1) "Board," the Board of Examiners for Counselors and Marriage and Family Therapists;   (2) "Licensee," a person who holds a license to practice marriage and family therapy;   (3) "Practice of marriage and family therapy," the rendering of professional marriage and family therapy services to individuals, family groups, and marital pairs, one-on-one or in groups, whether the services are offered directly to the general public or through organizations, either public or private, for compensation, including the diagnosis and treatment of nervous and mental disorders through the application of systemic theory and technique, whether cognitive, affective, or behavioral, within the context of marriage and family systems.     Source:  SL 2020, ch 166, § 1.
SD Codified L § 36-33-35 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 33 - Marriage And Family Therapists|Section 36-33-35 - Display of license.

  36-33-35  .  Display of license.   Each license issued by the board under this chapter shall be conspicuously displayed by the licensee at the primary place of practice of the licensee. Each licensee shall post and keep conspicuously displayed the annual renewal certificate issued by the board.     Source:  SL 2020, ch 166, § 2.
SD Codified L § 36-33-36 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 33 - Marriage And Family Therapists|Section 36-33-36 - Unlicensed practice--Violation as misdemeanor.

  36-33-36  .  Unlicensed practice--Violation as misdemeanor.   It is a Class 2 misdemeanor for any person to engage or attempt to engage in the practice of marriage and family therapy, without a license, unless exempted under the provisions of this chapter.     Source:  SL 2020, ch 166, § 3.
SD Codified L § 36-33-37 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 33 - Marriage And Family Therapists|Section 36-33-37 - Use of certain titles by unlicensed persons--Prohibition.

  36-33-37  .  Use of certain titles by unlicensed persons--Prohibition.   Unless licensed in accordance with the provisions of this chapter, no person may use the titles: marital therapist, marriage counselor, family therapist, licensed marital therapist, licensed marriage counselor, licensed family therapist, or licensed marriage and family therapist, or any other similar title.     Source:  SL 2020, ch 166, § 4.
SD Codified L § 36-33-38 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 33 - Marriage And Family Therapists|Section 36-33-38 - Fraudulent or misleading advertising--Violation as misdemeanor.

  36-33-38  .  Fraudulent or misleading advertising--Violation as misdemeanor.   No advertising regarding the practice of marriage and family therapy may be fraudulent or misleading. A violation of this section is a Class 1 misdemeanor.     Source:  SL 2020, ch 166, § 5.
SD Codified L § 36-33-39 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 33 - Marriage And Family Therapists|Section 36-33-39 - Performing services outside of scope--Prohibition.

  36-33-39  .  Performing services outside of scope--Prohibition.   No licensee may perform marriage and family therapy services outside the scope of the licensee's relevant education, training, and experience.     Source:  SL 2020, ch 166, § 6.
SD Codified L § 36-33-40 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 33 - Marriage And Family Therapists|Section 36-33-40 - Inapplicability of chapter to certain professionals.

  36-33-40  .  Inapplicability of chapter to certain professionals.   Nothing in this chapter may be construed to prevent any other qualified professional, including a clinical social worker, psychiatric nurse, professional counselor, clinical and counseling psychologist, physician, or member of the clergy, from performing or advertising the performance of marriage and family therapy consistent with the accepted standards of that person's profession, if the person does not use a title or description stating or implying that the person is licensed to practice marriage and family therapy under this chapter.     Source:  SL 2020, ch 166, § 7.
SD Codified L § 36-33-41 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 33 - Marriage And Family Therapists|Section 36-33-41 - Enforcement of chapter.

  36-33-41  .  Enforcement of chapter.   The board may use board staff or employ or contract with an agent or investigator to assist in the enforcement of the provisions of this chapter, or any rule promulgated under this chapter. If it appears to the board that a person is violating any provisions of this chapter or any rule promulgated under this chapter, the board may, in the board's name or in the name of the state, in the circuit court in any county in which jurisdiction is proper, bring an action to enjoin the act, practice, or violation and to enforce compliance with the provisions of this chapter, or any rule promulgated under this chapter, as an alternative to criminal proceedings. Criminal proceedings shall be prosecuted by the Office of the Attorney General or by a person designated by the attorney general and retained by the board as provided in this chapter.     Source:  SL 2020, ch 166, § 8.
SD Codified L § 36-33-42 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 33 - Marriage And Family Therapists|Section 36-33-42 - Assistance in enforcement--Expenditures--Employment of attorney.

  36-33-42  .  Assistance in enforcement--Expenditures--Employment of attorney.   The board and board members and officers shall assist any person charged with the enforcement of the provisions of this chapter. The board, board members, agents, and officers shall furnish evidence to assist in the prosecution of any violation or enforcement, and the board may make a reasonable expenditure for that purpose. The board may employ an attorney designated by the attorney general. The board shall determine the compensation and period of service of the attorney and pay the attorney out of the board's funds.     Source:  SL 2020, ch 166, § 9.