reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-8 - Additional waiver provisions.

36-31-8. Additional waiver provisions.
The board shall grant a license to any person certified prior to July 1, 1986, as an occupational therapist, registered or a certified occupational therapy assistant by the American occupational therapy association. The board may waive the examination, education or experience requirements and grant a license to any person certified by the American Occupational Therapy Association after July 1, 1986 if the board determines the requirements for such certification are equivalent to the requirements for licensure in this chapter. The board may waive the examination, education or experience requirements and grant a license to any applicant who shall present proof of current licensure as an occupational therapist or occupational therapy assistant in another state, the District of Columbia, or territory of the United States which requires standards for licensure considered by the board to be equivalent to the requirements for licensure of this chapter.
Source:
SL 1986, ch 323, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-9 - Requirements for foreign-trained occupational therapists or assistants.

36-31-9. Requirements for foreign-trained occupational therapists or assistants.
Any foreign-trained occupational therapist or occupational therapy assistant shall satisfy the examination requirements of subdivision 36-31-6(5). The board shall require foreign-trained applicants to furnish proof of good moral character and completion of educational and supervised fieldwork requirements substantially equal to those contained in §36-31-6 before taking the examination.
Source:
SL 1986, ch 323, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-10 - Issuance of license upon payment of fee.

36-31-10. Issuance of license upon payment of fee.
The board shall issue a license to any person who meets the requirements of this chapter upon payment of the prescribed license fee.
Source:
SL 1986, ch 323, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-11 - Expiration of license--Renewal--Fee--Restoration of forfeited license--Time limit--Continuing competency requirements.

36-31-11. Expiration of license--Renewal--Fee--Restoration of forfeited license--Time limit--Continuing competency requirements.
Any license issued by the board, pursuant to the provisions of this chapter, shall expire on the first day of January of the year next succeeding the issuance thereof. A license may be renewed upon the payment of a fee to be fixed annually by the board. Failure of a licensee to renew his license on or before the first day of March of each year, constitutes a forfeiture of such license. However, any person who has forfeited his license under this chapter may have it restored to him by making written application thereof and by payment of the annual renewal fee for the current year and late renewal fee. Late renewal of a license may not be granted more than five years after its expiration. The board may establish, pursuant to chapter 1-26, additional requirements for license renewal which provide evidence of continuing competency.
Source:
SL 1986, ch 323, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-12 - Fees.

36-31-12. Fees.
The board shall prescribe and promulgate the following fees by rule pursuant to chapter 1-26:
(1)Initial license fee;
(2)Renewal of license fee;
(3)Late renewal fee; and
(4)Limited permit fee.
These fees shall be sufficient to cover the activities and responsibilities of the board but may not exceed the sum of fifty dollars.
Source:
SL 1986, ch 323, §12; SL 2008, ch 191, §70.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-13 - Promulgation of rules.

36-31-13. Promulgation of rules.
The board may promulgate rules pertaining to licensure, fees, discipline, supervision, and continuing competency for licensed occupational therapists and licensed occupational therapy assistants. All rules made by the board pursuant to this chapter shall be adopted and amended in accordance with the provisions of chapter 1-26.
Source:
SL 1986, ch 323, §13; SL 1996, ch 233.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-14 - Grounds for revocation, suspension, or cancellation of license.

36-31-14. Grounds for revocation, suspension, or cancellation of license.
The license of an occupational therapist or occupational therapy assistant may be revoked, suspended, or canceled upon any one of these grounds:
(1)The licensee is guilty of fraud in the practice of occupational therapy or fraud or deceit in his admission to the practice of occupational therapy; or
(2)The licensee has been convicted of a felony during the past five years. The conviction of a felony is the conviction of any offense, which if committed within the State of South Dakota would constitute a felony under its laws; or
(3)The licensee is engaged in the practice of occupational therapy under a false or assumed name and has not registered that name pursuant to chapter 37-11, or is impersonating another practitioner of a like or different name; or
(4)The licensee is determined by a medical examiner to be addicted to the habitual use of intoxicating liquors, narcotics, or stimulants to the extent that it incapacitates him from the performance of his professional duties; or
(5)The physical or mental condition of the licensee is determined by a medical examiner to be such as to jeopardize or endanger those who seek treatment from the licensee. A majority of the board may demand an examination of the licensee by a competent medical examiner selected by the board at the board's expense. If the licensee fails to submit to the examination, this constitutes immediate grounds for suspension of the licensee's license; or
(6)Obtaining or attempting to obtain a license, certificate, or renewal thereof by bribery or fraudulent representation; or
(7)Being guilty of unprofessional conduct as defined by the rules established by the board, or violating the code of ethics adopted and published by the board; or
(8)Making a false statement in connection with any application under this chapter; or
(9)Making a false statement on any form promulgated by the board in accordance with this chapter or the rules adopted by the board; or
(10)The licensee has violated any provisions of this chapter or the rules promulgated hereunder.
Source:
SL 1986, ch 323, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-15 - Initiation of license cancellation, revocation, or suspension proceedings.

36-31-15. Initiation of license cancellation, revocation, or suspension proceedings.
A proceeding for cancellation, revocation, or suspension of a license may be initiated if the board has written information that any person may have been guilty of any misconduct pursuant to §36-31-14, or is guilty of incompetence or unprofessional or dishonorable conduct.
Source:
SL 1986, ch 323, §15; SL 2005, ch 199, §71.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-16 - Majority of board members to be present at license cancellation, revocation, suspension, or reissuance proceedings--When majority vote required.

36-31-16. Majority of board members to be present at license cancellation, revocation, suspension, or reissuance proceedings--When majority vote required.
Any proceeding relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license which has been canceled, revoked, or suspended shall only be held when a majority of the members of the board are present at the hearings. The decision of the board to suspend, revoke, or cancel a license requires a majority vote of all the board members.
Source:
SL 1986, ch 323, §16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-17 - Applicability of chapter 1-26.

36-31-17. Applicability of chapter 1-26.
Any proceeding relative to the cancellation, revocation, or suspension of a license shall conform to the procedure set forth in chapter 1-26.
Source:
SL 1986, ch 323, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-18 - Appeal from decision of board.

36-31-18. Appeal from decision of board.
Any party feeling aggrieved by any acts, rulings or decisions of the board relating to refusal to grant or to cancellation, revocation, or suspension of a license may appeal pursuant to chapter 1-26.
Source:
SL 1986, ch 323, §18.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-19 - When license may be reissued or reinstated--Provision for automatic reinstatement.

36-31-19. When license may be reissued or reinstated--Provision for automatic reinstatement.
Upon written application establishing compliance with existing licensing requirements and for reasons the board deems sufficient, the board, for good cause shown, by majority vote, may, under the conditions it may impose, reinstate or reissue a license to any person whose license has been cancelled, suspended, or revoked. Upon suspension of a license, the board may provide for automatic reinstatement thereof after a specified fixed period of time.
Source:
SL 1986, ch 323, §19.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-20 - Maintenance of record book--Admissibility of records and licenses in evidence--Copies of records to be furnished on request--Fee.

36-31-20. Maintenance of record book--Admissibility of records and licenses in evidence--Copies of records to be furnished on request--Fee.
The secretary of the board shall keep a record book in which are entered the names of all persons to whom licenses have been granted under this chapter, the license number of each, and the date of granting the license and its renewal and other matters of record. This book is a book of records, and a transcript of any record therein or a license that is not entered therein, the name and license number of the date of granting the license to a person charged with a violation of any of the provisions of this chapter, certified under the hand of the secretary, and the seal of the board, shall be admitted as evidence in any of the courts of this state. The original books, records, and papers of the board shall be kept at the office of the secretary of the board. The secretary shall furnish any person making an application a copy of any requested record, certified by him as secretary, upon payment of a fee of twenty-five cents per page.
Source:
SL 1986, ch 323, §20.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-21 - Additional duties of board--Criminal prosecutions--Civil actions.

36-31-21. Additional duties of board--Criminal prosecutions--Civil actions.
In addition to the duties set forth elsewhere in this chapter, the board shall:
(1)Recommend prosecutions for violations of this chapter to the appropriate state's attorneys; and
(2)Recommend to the attorney general the bringing of civil actions to seek injunctions and other relief for violations of this chapter.
Source:
SL 1986, ch 323, §21.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-22 - Investigation and report of violations.

36-31-22. Investigation and report of violations.
The board shall investigate every alleged violation of this chapter pursuant to the procedures set forth in chapter 36-1C. If the alleged violation is committed by a nonlicensee, the board shall report the same to the proper law enforcement officials wherein the violation is committed.
Source:
SL 1986, ch 323, §22; SL 2021, ch 168, § 40.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-23 - Action for injunction--Injunction as alternative to criminal proceedings--Election.

36-31-23. Action for injunction--Injunction as alternative to criminal proceedings--Election.
Any person violating the provisions of this chapter may be enjoined from further violations by a suit brought by the state's attorney of the county wherein the violations occurred or suit may be brought by any citizen of this state. An action for injunction is an alternate to criminal proceedings, and the commencement of one proceeding by the board constitutes an election.
Source:
SL 1986, ch 323, §23.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-24 - Violation of chapter as misdemeanor.

36-31-24. Violation of chapter as misdemeanor.
Any person who violates any provision of this chapter is, upon conviction, guilty of a Class 2 misdemeanor.
Source:
SL 1986, ch 323, §24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31 - Occupational Therapists › Section 36-31-25 - Limit on board expenditures.

36-31-25. Limit on board expenditures.
The total expense incurred by the Board of Medical and Osteopathic Examiners may not exceed the total money collected by the board under the provisions of this chapter.
Source:
SL 1986, ch 323, §25.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31A - Interstate Compact On Occupational Therapy Licensure › Section 36-31A-1 - Participation in compact--Authorization.

36-31A-1. Participation in compact--Authorization.
The State of South Dakota is hereby authorized to participate in the interstate compact on occupational therapy licensure, as set forth in this chapter.
Source: SL 2023, ch 139, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31A - Interstate Compact On Occupational Therapy Licensure › Section 36-31A-2 - Purpose.

36-31A-2. Purpose.
The purpose of the interstate compact on occupational therapy licensure is to facilitate the interstate practice of occupational therapy, with the goal of improving public access to occupational therapy services. The practice of occupational therapy occurs in the state where the patient or client is located, at the time of the encounter. The compact preserves the authority of states to protect public health and safety through the current system of state licensure.
The compact is designed to achieve the following objectives:
A.Increase public access to occupational therapy services by providing for the mutual recognition of other member state licenses;
B.Enhance the ability of states to protect the public’s health and safety;
C. Encourage the cooperation of member states in regulating multi-state occupational therapy practice;
D.Support spouses of relocating military members;
E.Enhance the exchange of licensure, investigative, and disciplinary information between member states;
F.Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards; and
G.Facilitate the use of telehealth technology for the purpose of increasing access to occupational therapy services.
Source: SL 2023, ch 139, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31A - Interstate Compact On Occupational Therapy Licensure › Section 36-31A-4 - State participation in compact--Single-state license not affected.

36-31A-4. State participation in compact--Single-state license not affected.
A.To participate in the compact, a member state must:
1.License occupational therapists and occupational therapy assistants;
2.Participate fully in the commission’s data system, including using the commission’s unique identifier as defined in rules of the commission;
3.Have a mechanism in place for receiving and investigating complaints about licensees;
4.Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee;
5.Implement or utilize procedures for considering the criminal history records of applicants for an initial compact privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records;
(a)A member state shall, within a time frame established by the commission, require a criminal background check for a licensee seeking or applying for a compact privilege, whose primary state of residence is that member state, by receiving the results of the Federal Bureau of Investigation criminal record search, and shall use the results in making licensure decisions; and
(b)Communication between a member state, the commission, and among member states, regarding the verification of eligibility for licensure through the compact, may not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92-544;
6.Comply with the rules of the commission;
7.Utilize only a recognized national examination as a requirement for licensure pursuant to the rules of the commission; and
8.Have continuing education requirements as a condition for license renewal.
B.A member state shall grant the compact privilege to a licensee holding a valid, unencumbered license in another member state, in accordance with the terms of the compact and rules.
C.A member state may charge a fee for granting a compact privilege.
D.A member state shall provide for the state’s delegate to attend all occupational therapy compact commission meetings.
E.Individuals not residing in a member state may apply for a member state’s single-state license, as provided under the laws of each member state. The single-state license granted to these individuals may not be recognized as granting the compact privilege in any other member state.
F.Nothing in this compact affects the requirements established by a member state for the issuance of a single-state license.
Source: SL 2023, ch 139, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31A - Interstate Compact On Occupational Therapy Licensure › Section 36-31A-6 - New home state license--Compact privilege.

36-31A-6. New home state license--Compact privilege.
A.An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only one member state at a time.
B.If an occupational therapist or occupational therapy assistant changes the primary state of residence by moving between two member states:
1.The occupational therapist or occupational therapy assistant shall file an application for obtaining a new home state license by virtue of a compact privilege, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the commission.
2.Upon receipt of an application for obtaining a new home state license by virtue of compact privilege, the new home state shall verify that the occupational therapist or occupational therapy assistant meets the criteria outlined in §36-31A-5 via the data system, without need for primary source verification, except for:
a.A Federal Bureau of Investigation fingerprint-based criminal background check, if not previously performed or updated pursuant to rules adopted by the commission, in accordance with Public Law 92-544;
b.Any other criminal background check, as required by the new home state; and
c.Submission of any jurisprudence requirements of the new home state.
3.The former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with rules adopted by the commission.
4.Notwithstanding any other provision of this compact, if the occupational therapist or occupational therapy assistant cannot meet the criteria in §36-31A-5, the new home state shall apply its requirements for issuing a new single-state license.
5.The occupational therapist or the occupational therapy assistant shall pay all applicable fees to the new home state in order to be issued a new home state license.
C.If an occupational therapist or occupational therapy assistant changes the primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, the state criteria applies for issuance of a single-state license in the new state.
D.Nothing in this compact interferes with a licensee’s ability to hold a single-state license in multiple states, provided, for purposes of this compact, a licensee may have only one home state license.
E.Nothing in this compact affects the requirements established by a member state for the issuance of a single-state license.
Source: SL 2023, ch 139, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31A - Interstate Compact On Occupational Therapy Licensure › Section 36-31A-7 - Active duty military personnel and spouses.

36-31A-7. Active duty military personnel and spouses.
Active duty military personnel, or the spouse of such a service member, shall designate a home state in which the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual may change the home state only through application for licensure in the new state or through the process described in §36-31A-6.
Source: SL 2023, ch 139, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31A - Interstate Compact On Occupational Therapy Licensure › Section 36-31A-10 - Data system.

36-31A-10. Data system.
A.The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
B.A member state shall submit to the data system a uniform data set on all individuals to whom this compact is applicable, utilizing a unique identifier as required by the rules of the commission, including:
1.Identifying information;
2.Licensure data;
3.Adverse actions against a license or compact privilege;
4. Non-confidential information related to alternative program participation;
5.Any denial of application for licensure, and the reason for the denial;
6.Other information that may facilitate the administration of this compact, as determined by the rules of the commission; and
7.Current significant investigative information.
C.Current significant investigative information and other investigative information pertaining to a licensee in any member state is available only to other member states.
D.The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state is available to any other member state.
E.A member state contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
F.Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information must be removed from the data system.
Source: SL 2023, ch 139, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31A - Interstate Compact On Occupational Therapy Licensure › Section 36-31A-13 - Implementation date--Withdrawal--Other cooperation permitted--Amendment.

36-31A-13. Implementation date--Withdrawal--Other cooperation permitted--Amendment.
A.The compact shall take effect on the date that the compact is enacted in the tenth member state. The provisions, which become effective at that time, are limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
B.Any state that joins the compact after the initial adoption of the rules is subject to the rules as they exist on the date that the compact becomes law in that state. Any rule that was previously adopted by the commission has the full force and effect of law on the day the compact becomes law in that state.
C.A member state may withdraw from this compact by repealing the enacting statute.
1.A member state’s withdrawal is not effective until six months after enactment of the repealing statute.
2.Withdrawal does not affect the continuing requirement of the withdrawing state’s occupational therapy licensing board to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
D.Nothing contained in this compact invalidates or prevents any occupational therapy licensure agreement or other cooperative arrangement between a member state and a non-member state, provided it does not conflict with this compact.
E.This compact may be amended by the member states. No amendment to this compact may become effective and binding upon any member state until it is enacted into law by all the member states.
Source: SL 2023, ch 139, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31A - Interstate Compact On Occupational Therapy Licensure › Section 36-31A-14 - Construction and severability.

36-31A-14. Construction and severability.
This compact must be liberally construed so as to effectuate its purposes. The provisions of this compact are severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States, or the applicability to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability of this compact to any government, agency, person, or circumstance is not affected. If this compact is held to be contrary to the constitution of any member state, the compact must remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
Source: SL 2023, ch 139, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31A - Interstate Compact On Occupational Therapy Licensure › Section 36-31A-15 - Binding effect of compact.

36-31A-15. Binding effect of compact.
A.A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and rules of the remote state.
B.Nothing in this compact prevents the enforcement of any other law of a member state, which is not inconsistent with the compact.
C.Any laws in a member state that are in conflict with this compact are superseded to the extent of the conflict.
D.Any lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.
E.All agreements between the commission and the member states are binding in accordance with their terms.
F. If any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, the provision is ineffective to the extent of the conflict with the constitutional provision in question in that member state.
Source: SL 2023, ch 139, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-47 - Definitions.

36-32-47  .  Definitions.
Terms used in this chapter mean:
(1) "Board," the Board of Examiners for Counselors and Marriage and Family Therapists;
(2) "Counselor educator," a professional counselor engaged primarily in developing, implementing, and supervising the educational preparation of professional counselors;
(3) "Counseling," the diagnosis and treatment of mental illness or mental and emotional disorders; individual, group, and marriage and family counseling, and psychotherapy; assessment; crisis intervention; counseling and consulting to facilitate normal growth and development; psychoeducational techniques aimed at the prevention of mental and emotional disorders; consultations with individuals, couples, families, groups, organizations, and communities; and clinical research;
(4) "Counseling treatment interventions," the application of cognitive, affective, behavioral, and systemic counseling strategies that include principles of development, wellness, and pathology, implemented in the context of a professional counseling relationship;
(5) "Doctoral or master's degree in counseling," completion of study following a bachelor's degree in a clearly identified counseling program that stands as a recognizable organizational entity within an approved accredited institution of higher learning;
(6) "Licensee," a person who holds a license to practice counseling;
(7) "Postgraduate supervision," a period of supervision following the completion of a master's or doctoral degree;
(8) "Practice of professional counseling," the application of mental health, psychological, and human development principles in order to:
(a) Facilitate human development and adjustment throughout the life span;
(b) Prevent, diagnose, and treat mental, emotional, or behavioral disorders and associated distresses, that interfere with mental health;
(c) Conduct assessments and diagnoses to establish treatment goals and objectives; and
(d) Develop, implement, and evaluate treatment plans using counseling treatment interventions.
Source:  SL 2020, ch 165, § 1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-48 - Board of Examiners for Counselors and Marriage and Family Therapists--Membership--Appointment and qualifications.

36-32-48  .  Board of Examiners for Counselors and Marriage and Family Therapists--Membership--Appointment and qualifications.
The board consists of nine members appointed by the Governor. Five members shall be professionals actively engaged in professional counseling or marriage and family therapy and be representative of the various disciplines governed by the board. One member shall be a current or retired counselor educator. Three members shall be individuals who are not licensed to practice in a discipline governed by the board.
Source:  SL 2020, ch 165, § 2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-49 - Term of office--Compensation.

36-32-49  .  Term of office--Compensation.
The term of office for each board member is three years and begins on October thirty-first. No member of the board may serve for more than three consecutive full terms. If a person is appointed to fill a vacancy, that service is not counted as a term for purposes of this section.
Each board member shall receive per diem compensation as provided in §  4-7-10.4   and expense reimbursement at the same rate as state employees, while engaged in official duties.
Source:  SL 2020, ch 165, § 3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-50 - Removal for cause--Vacancy.

36-32-50  .  Removal for cause--Vacancy.
The Governor may remove a board member for cause. The Governor shall appoint a new member to serve out an unexpired term in the case of a vacancy for any reason.
Source:  SL 2020, ch 165, § 4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-51 - Meetings--Election of officers.

36-32-51  .  Meetings--Election of officers.
The board shall meet at least annually, at the time and place designated by the president or by a majority of the board. A majority of the board's members constitutes a quorum for the transaction of business.
The board shall annually elect a president and a vice president from among its members.
Source:  SL 2020, ch 165, § 5.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.