reglab/housing_qa huggingface dataset:
SD Codified L § 36-32-52 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-52 - Immunity from liability.

  36-32-52  .  Immunity from liability.   The board, board members, and board agents are immune from personal liability for actions taken in good faith in the discharge of the board's duties. The state shall hold the board, board members, and board agents harmless from all costs, damages, and attorney fees arising from claims and suits against them with respect to matters to which the immunity applies.     Source:  SL 2020, ch 165, § 6.
SD Codified L § 36-32-53 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-53 - Board within Department of Social Services.

  36-32-53  .  Board within Department of Social Services.   The board exists within the Department of Social Services. The board shall exercise all prescribed functions, including administrative functions. The board shall provide records, information, and reports to the secretary of the Department of Social Services at the time and in the manner requested by the secretary.     Source:  SL 2020, ch 165, § 7.
SD Codified L § 36-32-54 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-54 - Moneys received by board--Fund--Deposit--Continuous appropriation.

  36-32-54  .  Moneys received by board--Fund--Deposit--Continuous appropriation.   The board shall forward all moneys received under the provisions of this chapter to the state treasurer for deposit in the Board of Examiners for Counselors and Marriage and Family Therapists fund hereby created in the state treasury. Moneys in the account are appropriated on a continuing basis to the board for the purpose of carrying out this   chapter. Any expenditures shall be paid on warrants drawn by the state auditor and approved by the board or by an officer of the board. The total expenses may not exceed the total moneys collected by the board under the provisions of this chapter.   For purposes of this chapter, the board may accept gifts, grants, and donations.     Source:  SL 2020, ch 165, § 8.
SD Codified L § 36-32-55 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-55 - Duties of board.

  36-32-55  .  Duties of board.   The board shall:   (1) Administer, coordinate, and enforce the provisions of this chapter and chapter   36-33  ;   (2) Establish educational, training, examination, and competency standards for professional counselors and licensees under this chapter and chapter   36-33  ;   (3) Establish standards for the safe and qualified practice of counseling and marriage and family therapy;   (4) Evaluate the qualifications of applicants for licensure and issue and renew licenses and permits under this chapter and chapter   36-33  ;   (5) Establish standards and responsibilities for post-graduate board approved supervision for candidates for licensure under this chapter and chapter   36-33  ;   (6) Adopt ethical standards for the practice of counseling and marriage and family therapy;   (7) Establish competency standards and responsibilities for post-graduate board-approved supervisors under this chapter and chapter   36-33  ;   (8) Maintain the names of persons who meet the qualifications for a license or permit under this chapter and chapter   36-33  ;   (9) Conduct all disciplinary proceedings under this chapter and chapter   36-33  ;   (10) Maintain a record of each complaint received by the board;   (11) Establish reasonable requirements regarding reentry into practice of inactive practitioners and the reinstatement of previously licensed practitioners under this chapter and chapter   36-33  ;   (12) Establish continuing education and continuing competency requirements for licensees and permit holders under this chapter and chapter   36-33   and the procedures for verifying compliance with the established requirements;   (13) Establish standards for the practice of distance counseling and distance marriage and family therapy;   (14) Communicate license and permit actions and status to relevant state and federal governing bodies, as required by law, or as the board determines is appropriate; and   (15) Employ personnel in accordance with the needs and budget of the board and enter into contracts as necessary to carry out the board's responsibilities under this chapter.     Source:  SL 2020, ch 165, § 9.
SD Codified L § 36-32-56 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-56 - Standards and procedures--Promulgation of rules.

  36-32-56  .  Standards and procedures--Promulgation of rules.   The board may promulgate rules, pursuant to chapter   1-26  , to set standards for professional practice and establish procedures for application, professional practice, licensure, eligibility, renewals, ethical standards, continuing education, supervision, and examination of an applicant for and a holder of licensure as a licensed professional counselor, licensed professional counselor--mental health, and licensed marriage and family therapist.     Source:  SL 2020, ch 165, § 10.
SD Codified L § 36-32-57 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-57 - Display of license.

  36-32-57  .  Display of license.   Each license issued by the board under this chapter, shall be conspicuously displayed by the licensee at the licensee's primary place of practice. Each licensee shall post and keep conspicuously displayed the annual renewal certificate issued by the board.     Source:  SL 2020, ch 165, § 11.
SD Codified L § 36-32-58 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-58 - Unlicensed practice--Violation as misdemeanor.

  36-32-58  .  Unlicensed practice--Violation as misdemeanor.   It is a Class 2 misdemeanor for any person to engage or attempt to engage in the practice of professional counseling, without a license, unless exempted under the provisions of this chapter.     Source:  SL 2020, ch 165, § 12.
SD Codified L § 36-32-59 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-59 - Use of certain titles by unlicensed persons--Prohibition.

  36-32-59  .  Use of certain titles by unlicensed persons--Prohibition.   Unless licensed in accordance with the provisions of this chapter, no person may use the titles: licensed clinical mental health counselor, licensed clinical counselor, licensed professional counselor--mental health, licensed professional counselor, or licensed counselor, or any similar title.     Source:  SL 2020, ch 165, § 13.
SD Codified L § 36-32-60 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-60 - Fraudulent or misleading advertising--Violation as misdemeanor.

  36-32-60  .  Fraudulent or misleading advertising--Violation as misdemeanor.   No advertising regarding the practice of counseling may be fraudulent or misleading. A violation of this section is a Class 1 misdemeanor.     Source:  SL 2020, ch 165, § 14.
SD Codified L § 36-32-61 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-61 - Performing services outside of scope--Prohibition.

  36-32-61  .  Performing services outside of scope--Prohibition.   No licensee may perform counseling services that are outside the scope of the licensee's relevant education, training, and experience.     Source:  SL 2020, ch 165, § 15.
SD Codified L § 36-32-62 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-62 - Enforcement of chapter.

  36-32-62  .  Enforcement of chapter.   The board may use board staff or employ or contract with an agent or investigator to assist in enforcing this chapter or any rule promulgated by the board.   If it appears to the board that a person is violating any provision 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, bring an action in the circuit court of any county in which jurisdiction is proper, to enjoin the action, practice, or violation, and to enforce compliance with this chapter, or any rule promulgated under this chapter. 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 165, § 16.
SD Codified L § 36-32-63 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-63 - Assistance in enforcement--Expenditures--Employment of attorney.

  36-32-63  .  Assistance in enforcement--Expenditures--Employment of attorney.   The board and board members and officers shall assist any person charged with the enforcement of this chapter. The board, board members, 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 165, § 17.
SD Codified L § 36-32-64 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-64 - Professional counselor--Application--Requirements.

  36-32-64  .  Professional counselor--Application--Requirements.   An applicant for a license as a professional counselor shall file an application, in the manner prescribed by the board, together with the application fee prescribed by the board in accordance with §36-32-92. The board may issue a license as a professional counselor to an applicant who pays the license fee and demonstrates that:   (1) The applicant has received a master's or a doctoral degree, consisting of at least forty-eight credit hours in counseling from an accredited counseling program recognized by the board;   (2) The applicant has passed the National Counselor Examination administered by the National Board for Certified Counselors;   (3) Within the four years preceding the application, the applicant completed two thousand hours of postgraduate supervision, in a manner prescribed by the board, in counseling under a plan of supervision approved by the board;   (4) The applicant has no pending disciplinary proceeding or unresolved disciplinary complaint;   (5) The applicant is of good moral character; and   (6) The applicant is not in violation of any provision of this chapter or any rule promulgated under this chapter.   The board may refuse to grant a license to an applicant who fails to meet the requirements of this section.   Notwithstanding the provisions of subdivision (3), the board may grant a license, to an applicant who does not complete the required postgraduate supervision within four years of the application upon the applicant's show of good cause for exceeding the time limit.   Notwithstanding the provisions of subdivision (5), the board may grant a license to an applicant who has been convicted of or pled guilty to a felony, to any crime involving or relating to the practice of counseling, or to any crime involving dishonesty or moral turpitude if the board determines that the applicant does not constitute a risk to public safety.   An applicant may appeal the denial of a license in accordance with chapter   1-26  .     Source:  SL 2020, ch 165, § 18.
SD Codified L § 36-32-66 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-66 - Examination of applicant's physical or mental health.

  36-32-66  .  Examination of applicant's physical or mental health.   If the board suspects that the physical or mental health of any applicant may jeopardize or endanger anyone who seeks assistance from the applicant, the board may require that the applicant be examined by a board-approved health care provider, licensed or authorized to practice pursuant to title 36. The board shall pay all costs of the examination.   If after a hearing in accordance with chapter   1-26   the board finds by clear and convincing evidence that the applicant's physical or mental health may jeopardize or endanger anyone who seeks services from the applicant, the board may   deny the license.     Source:  SL 2020, ch 165, § 20.
SD Codified L § 36-32-67 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-67 - Applicants licensed out-of-state--Licensure requirements.

  36-32-67  .  Applicants licensed out-of-state--Licensure requirements.   Notwithstanding any other provisions of this chapter, the board may issue a license as a professional counselor or professional counselor--mental health to an applicant who is licensed to practice counseling in another state or territory of the United States if the applicant demonstrates that:   (1) The applicant is currently licensed as a counselor and has been under the jurisdiction of the licensing authority in the other jurisdiction for at least three continuous years prior to the time of submitting an application to the board;   (2) The applicant is in good standing with the licensing authority in the other jurisdiction;   (3) The applicant has been in an active practice during the three-year period before the time of submitting an application to the board;   (4) The applicant passed the standard national examination approved by the board for the specific license; and   (5) The applicant has no record of unprofessional conduct or any pending disciplinary complaints in the other jurisdiction.   For purposes of this section, the term, active practice, means the applicant accumulated at least one thousand five hundred hours of clinical experience.     Source:  SL 2020, ch 165, § 21.
SD Codified L § 36-32-68 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-68 - Applicants licensed out-of-state--Temporary license.

  36-32-68  .  Applicants licensed out-of-state--Temporary license.   If a professional counselor licensed in another state or territory of the United States has not passed the national examination required by the board for licensure under §  36-32-67  , the board may provide the applicant with a temporary license to practice for up to ninety days, if the applicant demonstrates that:   (1) The applicant is currently licensed as a professional counselor or professional counselor--mental health and has been under the jurisdiction of the licensing authority in the other jurisdiction for at least three years before the time of submitting an application to the board;   (2) The applicant is in good standing with the licensing authority in the other jurisdiction;   (3) The applicant has been in active practice during the three-year period before the time of submitting an application to the board; and   (4) The applicant has no record of unprofessional conduct or pending disciplinary complaints in the other jurisdiction.   For purposes of this section, the term, active practice, means at least one thousand five hundred hours of clinical experience.   An applicant for a temporary license shall submit an application on a form approved by the board, along with the application fee and the temporary license fee prescribed by the board in accordance with §36-32-92. The board shall issue a temporary license as a professional counselor or professional counselor--mental health to an applicant who meets the requirements of this section and pays the required fee. A temporary license automatically expires upon the applicant's passage of the required national examination or at the conclusion of the term for which the temporary license was issued, whichever occurs first. A temporary license may only be renewed once.     Source:  SL 2020, ch 165, § 22.
SD Codified L § 36-32-69 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-69 - Person practicing under temporary license--Board supervision and discipline.

  36-32-69  .  Person practicing under temporary license--Board supervision and discipline.   Any person practicing under a temporary license is subject to supervision and discipline by the board in the same manner as any other licensee under this chapter. A person practicing under a temporary license is under the jurisdiction of the board.     Source:  SL 2020, ch 165, § 23.
SD Codified L § 36-32-70 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-70 - Change of name or address--Notice to board.

  36-32-70  .  Change of name or address--Notice to board.   A licensee shall furnish the board with updated information within thirty days upon a change in the licensee's name, place of employment, or place of business.     Source:  SL 2020, ch 165, § 24.
SD Codified L § 36-32-71 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-71 - Term of license.

  36-32-71  .  Term of license.   A license issued under this chapter, other than a temporary license, is valid until November thirtieth of the next even-numbered year following the date of issuance. A license expires automatically unless the license is renewed.     Source:  SL 2020, ch 165, § 25.
SD Codified L § 36-32-72 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-72 - Renewal of license.

  36-32-72  .  Renewal of license.   Any licensee holding a valid license under this chapter may renew that license by submitting an application for renewal before the date of expiration, paying the required renewal fee, and providing proof of compliance with the continuing education requirements prescribed by the board. If a licensee fails to renew a license on or before the thirtieth day of November in an even-numbered year, the license is automatically suspended.   The board shall notify the licensee that a renewal application has not been received by the board and that the licensee may not practice counseling. Any person who submits a license renewal application and provides proof of compliance with the continuing education requirements set by the board within thirty days after the expiration date of the license may be granted a license renewal.     Source:  SL 2020, ch 165, § 26.
SD Codified L § 36-32-73 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-73 - Continuing education for license renewal.

  36-32-73  .  Continuing education for license renewal.   Except as otherwise provided in this section, any person licensed under this chapter shall complete at least forty hours of continuing education every two years in a manner and with an instructor approved by the board.   Any person whose initial license is granted for a period of less than two years shall, during that initial licensure period, complete a prorated number of hours of continuing education, in a manner and with an instructor approved by the board.   The required continuing education hours may be obtained through electronic means. The board may extend or waive the continuing education requirements for a licensee upon a showing of good cause, prior to the expiration of the license.     Source:  SL 2020, ch 165, § 27.
SD Codified L § 36-32-74 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-74 - Inactive license--Reactivation.

  36-32-74  .  Inactive license--Reactivation.   The board may place a license on inactive status at the request of the licensee and the payment of a fee prescribed by the board. An inactive license expires four years after the date of issuance. An inactive license may be reactivated by payment of the license renewal fee and proof of having completed at least forty hours of continuing education during the two-year period immediately preceding the reactivation request. If a license is not reactivated before expiration, all provisions applicable to an applicant for licensure also apply in order for the license to be restored to active status.    Any license on inactive status as of July 1, 2020, expires on November 30, 2022, unless the licensee meets the requirements for reactivation before that time.     Source:  SL 2020, ch 165, § 28.
SD Codified L § 36-32-75 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-75 - Expired license--Reactivation.

  36-32-75  .  Expired license--Reactivation.   An expired license may be reactivated within the four-year period following the expiration of the license, if the applicant:   (1) Pays any applicable renewal fees required for the period of expiration;   (2) Provides proof of any continuing education required for the period of expiration; and   (3) Provides proof of passing a national examination approved by the board after the date the license expired.     Source:  SL 2020, ch 165, § 29.
SD Codified L § 36-32-76 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-76 - Inapplicability of chapter to certain activities and services.

  36-32-76  .  Inapplicability of chapter to certain activities and services.   The provisions of this chapter do not apply to the activities and services of a person practicing counseling as part of that person's duties if the person is:   (1) Licensed or certified under this title and acting in a manner consistent with state law regarding the scope of practice;   (2) Employed by a school, college, university, or other institution of higher learning and is engaged primarily in the education of students;   (3) Employed by a federal, state, county, or local governmental institution or agency and performing the duties for which the person is employed;   (4) Employed by a licensed health care facility, an accredited prevention or treatment facility, a community support provider, a nonprofit mental health center, or a licensed or registered child welfare agency;   (5) A member of the clergy and acting in a ministerial capacity, if the activity is within the scope of the person's regular or specialized duties; or   (6) A student enrolled in a recognized program of study leading to a counseling degree, if that student practices only under the direct supervision of a counselor educator or a counselor licensed under this chapter.     Source:  SL 2020, ch 165, § 30.
SD Codified L § 36-32-77 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 32 - Professional Counselors|Section 36-32-77 - Client's violent behavior--Duty to warn.

  36-32-77  .  Client's violent behavior--Duty to warn.   No cause of action may arise against any licensed professional counselor or licensed professional counselor--mental health for failing to warn of or protect others from a client's threatened behaviors or for failing to predict, warn or protect others from a client's violent behavior except if the client has communicated to the professional counselor or professional counselor--mental health a serious threat of physical violence against an identifiable victim. The duty to warn or to take reasonable precautions to provide protection from violent behavior arises only under the limited circumstances specified in this section.     Source:  SL 2020, ch 165, § 31.