reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-60 - Evidence in contested cases--Civil actions.

36-33-60  .  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 under 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 166, § 27.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-61 - Revocation of license--Grounds.

36-33-61  .  Revocation of license--Grounds.
For purposes of this chapter, "unprofessional or dishonorable conduct" includes a finding that:
(1) The licensee is guilty of fraud in the practice of marriage and family therapy or of fraud or deceit in the licensee's admission to the practice of marriage and family therapy;
(2) The licensee has been convicted during the past five years of a felony, or of any crime which, if committed within this state would constitute a felony;
(3) The licensee is engaged in the practice of marriage and family therapy 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 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, 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 obtained or attempted to obtain a license, certificate, or renewal through means of bribery or fraudulent representation;
(7) The licensee knowingly made a materially false statement in connection with any application under this chapter;
(8) The licensee 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 violated any provision of this chapter or any rule promulgated under this chapter; or
(10) The licensee violated ethical standards adopted by the board.
Source:  SL 2020, ch 166, § 28.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-62 - Revocation proceedings--Initiation.

36-33-62  .  Revocation proceedings--Initiation.
Proceedings for the suspension, revocation, or cancellation of a license may be initiated if the board has information that any licensee may have engaged in any unprofessional or dishonorable conduct, as described in §  36-33-61  , or violated this chapter or any rule promulgated under this chapter.
Source:  SL 2020, ch 166, § 29.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-63 - Violation of chapter--Sanctions.

36-33-63  .  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 §  36-33-61  , 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 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 the probation, limit the licensee's or permit holder's practice to areas prescribed by the board, and require professional education until the licensee or permit holder has attained a satisfactory degree of skill 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 166, § 30.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-64 - Suspension of license or registration--Grounds--Hearing--Appeal.

36-33-64  .  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 licensee or permit holder 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 licensee or permit holder may subsequently appeal the suspension to the circuit court in accordance with chapter   1-26  .
Source:  SL 2020, ch 166, § 31.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-65 - Conformity of revocation proceedings--Appeal.

36-33-65  .  Conformity of revocation proceedings--Appeal.
All proceedings regarding the suspension, revocation, or cancellation of a license 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 166, § 32.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-66 - Reinstatement of license.

36-33-66  .  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 166, § 33.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-67 - Violations reported to law enforcement officials--Prosecution of violations.

36-33-67  .  Violations reported to law enforcement officials--Prosecution of violations.
The board shall investigate and report an alleged violation of any provision of this chapter. 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 166, § 34.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-68 - Action for injunction.

36-33-68  .  Action for injunction.
Any person who violates any provision of this chapter may be enjoined from further violations at the suit of the state's attorney of the county where the violations occurred. In the alternative, a suit may be brought by any resident of this state.
Source:  SL 2020, ch 166, § 35.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-69 - Therapy through electronic means--Requirements.

36-33-69  .  Therapy through electronic means--Requirements.
Any person who practices marriage and family therapy through electronic means and provides marriage and family therapy services to a patient located in this state is engaged in the practice of marriage and family therapy in this state regardless of the provider's physical location. Any service provided by a licensee or supervision provided through electronic means shall comply with the provisions of this chapter and rules promulgated under this chapter.
Source:  SL 2020, ch 166, § 36.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-70 - Fees--Promulgation of rules.

36-33-70  .  Fees--Promulgation of rules.
The board shall promulgate rules, pursuant to chapter   1-26  , to establish:
(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 166, § 37.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-71 - Standards and procedures--Promulgation of rules.

36-33-71  .  Standards and procedures--Promulgation of rules.
The board may promulgate rules, pursuant to chapter   1-26  , to:
(1) Set standards for professional practice; and
(2) Establish procedures for application, licensure, eligibility, renewals, continuing education, supervision, and the examination of an applicant for and a holder of licensure as a licensed marriage and family therapist.
Source:  SL 2020, ch 166, § 38.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-72 - Marriage and family therapist--Continuation of licenses.

36-33-72  .  Marriage and family therapist--Continuation of licenses.
Any person licensed as a marriage and family therapist under §  36-33-9   before June 30, 2020, is licensed as a marriage and family therapist pursuant to the provisions of §§  36-33-34   to 36-33-72, inclusive.
Source:  SL 2020, ch 166, § 39.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-1 - Definitions.

36-34-1. Definitions.
Terms used in this chapter mean:
(1)"Board," the South Dakota Board of Addiction and Prevention Professionals; and
(2)"Practitioner," a person certified, licensed, or recognized under this chapter in the practice of addiction counseling or prevention services who holds oneself out to the public by any title or description of services which uses the words certified addiction counselor, licensed addiction counselor, addiction counselor trainee, certified prevention specialist, prevention specialist trainee, or any derivatives thereof.
Source:
SL 2004, ch 253, §1; SL 2013, ch 183, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-2 - Board of Addiction and Prevention Professionals--Membership.

36-34-2. Board of Addiction and Prevention Professionals--Membership.
The South Dakota Board of Addiction and Prevention Professionals consists of nine members, three of whom shall be lay members and six of whom shall be professionals certified or licensed pursuant to this chapter. Each professional member shall be actively engaged in addiction counseling or prevention services and broadly represent a cross section of the profession.
Source:
SL 2004, ch 253, §3; SL 2005, ch 199, §76; SL 2013, ch 183, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-3 - Appointment of board members--Terms.

36-34-3. Appointment of board members--Terms.
The Governor shall appoint the members to the board for terms of three years which shall begin on the thirty-first day of October. The appointee's term shall expire on October thirtieth in the third year of appointment.
Source:
SL 2004, ch 253, §4; SL 2005, ch 199, §77; SL 2012, ch 16, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-4 - Removal of member by Governor--Vacancy.

36-34-4. Removal of member by Governor--Vacancy.
The Governor may remove any member of the board for cause. If there is a vacancy on the board the Governor shall appoint a new member to serve the unexpired term. No member of the board may serve for more than three successive full terms. The appointment to an unexpired term is not considered a full term.
Source:
SL 2004, ch 253, §5; SL 2005, ch 199, §78.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-5 - Meetings of board--Election of officers.

36-34-5. Meetings of board--Election of officers.
The board shall annually elect a president, vice president, and a secretary-treasurer from its members. The board shall meet at least once a year at a place and time determined by the president. However, a majority of the board may call a meeting without the assent of the president.
Source:
SL 2004, ch 253, §6; SL 2013, ch 183, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-7 - Quorum--Majority vote.

36-34-7. Quorum--Majority vote.
A majority of board members constitutes a quorum. A majority vote of those present constitutes a decision of the entire board.
Source:
SL 2004, ch 253, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-8 - Board within Department of Social Services--Functions--Report.

36-34-8. Board within Department of Social Services--Functions--Report.
The board is within the Department of Social Services. The department shall provide all administrative functions other than those of the board member serving as secretary. The board shall submit an annual report and such records, information, and reports in the form and at such times as required by the secretary of social services.
Source:
SL 2004, ch 253, §9; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011; SL 2013, ch 183, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-9 - Acceptance, deposit, and use of funds--Continuous appropriation.

36-34-9. Acceptance, deposit, and use of funds--Continuous appropriation.
The board may accept any funds which may be made available to it from any source. All funds received by the board shall be paid to the state treasurer weekly or as prescribed by the state treasurer. The state treasurer shall keep the money in a separate account for the board. The money in that account is continuously appropriated to the board for administering and enforcing this chapter. No expense incurred may exceed the total money collected by the board under the provisions of this chapter.
Source:
SL 2004, ch 253, §10; SL 2013, ch 183, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-10 - Compensation of board members.

36-34-10. Compensation of board members.
The board members shall be paid per diem compensation and allowable expenses pursuant to §4-7-10.4 for their services on the board.
Source:
SL 2004, ch 253, §11; SL 2013, ch 183, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-11 - Immunity of board and agents from personal liability.

36-34-11. Immunity of board and agents from personal liability.
The board, its members, and its agents are immune from personal liability for actions taken in good faith in the discharge of the board's responsibilities, and the state shall hold the board, its members, and its agents harmless from all costs, damages, and attorney fees arising from claims and suits against them with respect to matters to which such immunity applies.
Source:
SL 2004, ch 253, §12; SL 2013, ch 183, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-12 - Duties of board.

36-34-12. Duties of board.
The board shall:
(1)Promulgate rules that set standards for professional practice of addiction counseling and prevention services and other rules as necessary for the administration of this chapter. All rules shall be promulgated pursuant to chapter 1-26;
(2)Be responsible for all disciplinary proceedings under this chapter;
(3)Establish, by rules promulgated pursuant to chapter 1-26, education, training and competency, continuing education, and ethical standards governing the examination and practice of practitioners under this chapter;
(4)Examine, or cause to be examined, for competency, eligible applicants, for certification or licensure to practice addiction counseling and prevention services. Examinations shall be held at least semiannually;
(5)Issue certificates and licenses to those applicants who successfully complete the certification or licensing requirements and renew the certifications and licenses of those practitioners who continue to meet the standards of this chapter;
(6)Maintain a record of all practitioners which includes the practitioner's status, certificate or license number, date the certification or licensure was granted, renewal date, and any public record of discipline; and
(7)Establish and collect, pursuant to rules promulgated pursuant to chapter 1-26, fees for applications, recognition, certification, licensure, dual credentials, examination, upgrades, reciprocity, continuing education, renewal, reinstatement, and all services authorized by this chapter.
Source:
SL 2004, ch 253, §13; SL 2013, ch 183, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-13 - Promulgation of rules--Fees--Maximums.

36-34-13. Promulgation of rules--Fees--Maximums.
The board may promulgate rules, pursuant to chapter 1-26, to provide fees for all services and charges authorized by this chapter. The fees may not exceed the following maximums:
(1)Certified addiction counselor, certified prevention specialist, or licensed addiction counselor application and examination fee, three hundred dollars;
(2)Certified addiction counselor, certified prevention specialist, or licensed addiction counselor retest fee, two hundred fifty dollars;
(3)Certified addiction counselor, certified prevention specialist, or licensed addiction counselor renewal fee, four hundred dollars;
(4)Certified addiction counselor, certified prevention specialist, or licensed addiction counselor reinstatement fee, two hundred dollars;
(5)Status upgrade fee, one hundred fifty dollars;
(6)Addiction counselor trainee or prevention specialist trainee recognition fee, one hundred fifty dollars;
(7)Addiction counselor trainee or prevention specialist trainee renewal fee, one hundred fifty dollars;
(8)Addiction counselor trainee or prevention specialist trainee reinstatement fee, one hundred fifty dollars;
(9)International certificate fee, twenty dollars;
(10)Dual credential renewal fee, four hundred dollars;
(11)Inactive license or certificate fee, fifty dollars; and
(12)Temporary license or certificate fee, one hundred dollars.
Source: SL 2004, ch 253, §14; SL 2013, ch 183, §9; SL 2023, ch 140, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-13.1 - Certification and licensure requirements.

36-34-13.1. Certification and licensure requirements.
No person may represent oneself as a licensed or certified addiction counselor, addiction counselor trainee, certified prevention specialist, prevention specialist trainee, or any other title that includes such words unless the person is certified or licensed under this chapter.
Source:
SL 2008, ch 199, §2; SL 2013, ch 183, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-13.2 - Disclosure of information--Felony or certain crimes--Conviction or plea--Grant of license notwithstanding.

36-34-13.2. Disclosure of information--Felony or certain crimes--Conviction or plea--Grant of license notwithstanding.
Any applicant seeking recognition, certification, or licensure shall disclose to the board whether the applicant has been convicted of, plead guilty to, or plead no contest to any felony, to any crime involving or relating to the practice of counseling, or to any crime involving dishonesty or moral turpitude, in any state, federal, foreign jurisdiction, tribal, or military court. An applicant's failure to disclose this information may result in denial, revocation, suspension, or refusal of recognition, certification, or licensure.
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.
Source: SL 2013, ch 183, §10; SL 2023, ch 140, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-13.3 - Renewal of certificate or license.

36-34-13.3. Renewal of certificate or license.
The board may renew a certificate or license if the practitioner:
(1)Submits an application to the board for renewal before the expiration of the certificate or license;
(2)Pays the required renewal fee; and
(3)Provides proof of compliance with the continuing education requirements prescribed by the board.
If a practitioner fails to renew a certificate or license on or before November thirtieth in an odd-numbered year, the certificate or license is automatically suspended.
If a practitioner does not submit a renewal application before the expiration of the certificate or license, the board shall notify the holder that a renewal application has not been received by the board and that the holder may not practice addiction counseling or prevention services. The board may renew the certificate or license if, within thirty days after the expiration date of the certificate or license, the holder submits a renewal application and provides proof of compliance with the continuing education requirements prescribed by the board.
Source: SL 2013, ch 183, §14; SL 2023, ch 140, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-13.4 - Display of certificate or license.

36-34-13.4. Display of certificate or license.
Each certificate or license shall be conspicuously displayed at the primary place of practice within thirty days after issuance of such certificate or license.
Source:
SL 2013, ch 183, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-13.5 - Certification in another state.

36-34-13.5. Certification in another state.
The board may grant a certificate to any person who, at the time of application, is certified in another state or territory of the United States that imposes substantially the same requirements as this chapter, has taken and passed an examination similar to that required under this chapter, and has not been convicted of a felony within five years of the date of application, and if convicted of a felony, has completed all sentencing requirements prior to the date of application.
Source:
SL 2013, ch 183, §16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-13.6 - Physical or mental examination--Hearing--Application denial.

36-34-13.6. Physical or mental examination--Hearing--Application denial.
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 health care provider, approved by the board, who is licensed or authorized to practice pursuant to title 36. The board shall pay all costs of the examination.
The board may deny the application if, after a hearing held 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.
Source: SL 2023, ch 140, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-13.7 - Inactive certificate or license--Reactivation--Expiration--Retired status.

36-34-13.7. Inactive certificate or license--Reactivation--Expiration--Retired status.
The board may place a certificate or license on inactive status at the request of a practitioner and upon payment of a fee prescribed by the board. An inactive certificate or license expires four years after the date of issuance. The board may reactivate the certificate or license if the practitioner:
(1)Pays the required renewal fee; and
(2)Provides proof to the board of having completed at least forty hours of continuing education during the two-year period immediately preceding the reactivation request.
If the practitioner does not reactivate the certificate or license before the date of expiration, all provisions applicable to an applicant for certification or licensure apply in order to restore the certificate or license to active status.
Any certificate or license on retired status as of July 1, 2023, expires on November 30, 2025, unless the practitioner meets the requirements for reactivation before November 30, 2025.
Source: SL 2023, ch 140, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-13.8 - Expired license--Reactivation by board.

36-34-13.8. Expired license--Reactivation by board.
The board may reactivate an expired certificate or license within four years following the date of expiration, if the holder of the expired certificate or license:
(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 certificate or license expired.
Source: SL 2023, ch 140, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-13.9 - Counseling by electronic means--Compliance.

36-34-13.9. Counseling by electronic means--Compliance.
Any person who practices counseling through electronic means and provides addiction counseling or prevention services to a patient located in this state is engaged in the practice of addiction counseling or prevention services in this state, regardless of the person's physical location. Any person who provides addiction counseling or prevention services through electronic means must comply with the provisions of this chapter and rules promulgated by the board under this chapter.
Source: SL 2023, ch 140, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-16 - Enforcement--Injunction--Hearing.

36-34-16. Enforcement--Injunction--Hearing.
The board may use its own staff or employ certified or licensed addiction counselors, certified prevention specialists, agents, or investigators to assist in the enforcement of this chapter or any rule promulgated by the board. Any person violating the provisions of this chapter may be enjoined from further violations by an action brought by the state's attorney of the county where the violations occurred or by an action brought by any citizen in the state. The attorney general, the board, or the state's attorney may apply to the circuit court for the county in which a violation of this chapter is alleged to have occurred for an order enjoining or restraining the commission or continuance of the acts. The board may authorize a hearing examiner to conduct the hearing required to determine a violation of this chapter.
Source:
SL 2004, ch 253, §17; SL 2013, ch 183, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-17 - Employment of attorney.

36-34-17. Employment of attorney.
The board may, if it deems best for the enforcement of this chapter or in the conduct of its duties, employ an attorney designated by the attorney general and subject to the supervision, control, and direction of the attorney general. The board shall fix and determine the compensation and period of service of the attorney who shall be paid out of the funds of the board.
Source:
SL 2004, ch 253, §18.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-18 - Complaints--Investigation--Disciplinary proceedings--Evidence not subject to discovery or disclosure--Testimony.

36-34-18. Complaints--Investigation--Disciplinary proceedings--Evidence not subject to discovery or disclosure--Testimony.
The board shall process a complaint regarding a practitioner as set forth in chapter 36-1C. The board shall maintain a record of each complaint.
Notwithstanding any provision of chapter 36-1C, a member, agent, or appointee of the board may investigate a complaint to determine whether the practitioner committed the alleged violation. The investigator, if a member of the board, may dismiss the complaint if it appears to the member, in consultation with the board president, that the practitioner did not commit a violation. If the investigator is an agent or appointee of the board, only the board president may dismiss the complaint. If an investigator and a practitioner agree upon a disposition of a complaint, the disposition must be approved by the board.
The board must conduct any disciplinary proceeding 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 certificate or license remains in effect during the pendency of an appeal, unless suspended under §36-34-24.
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 investigated complaint is a basis for the civil action.
Source: SL 2004, ch 253, §19; SL 2013, ch 183, §18; SL 2021, ch 168, §44; SL 2023, ch 140, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-21 - Grounds for disciplinary sanctions--Hearing--Notice.

36-34-21. Grounds for disciplinary sanctions--Hearing--Notice.
Any practitioner subject to this chapter shall practice in accordance with the standards established by the board and is subject to the exercise of the disciplinary sanctions enumerated in §36-34-23 if, after a hearing in the manner provided in chapter 1-26, the board finds that:
(1)A practitioner has employed or knowingly cooperated in fraud or material deception in order to obtain a certificate or license to practice the profession, or has engaged in fraud or material deception in the course of professional services or activities;
(2)A practitioner has been convicted in any court of a felony;
(3)A practitioner has engaged in or permitted the performance of unacceptable patient care by the practitioner or by auxiliaries working under the practitioner's supervision due to any deliberate or negligent act or failure to act;
(4)A practitioner has knowingly violated any provision of this chapter or board rules;
(5)A practitioner has continued to practice although the practitioner has become unfit to practice due to professional incompetence, failure to keep abreast of current professional theory or practice, physical or mental disability, or addiction or severe dependency upon or use of alcohol or other drugs which endanger the public by impairing a practitioner's ability to practice safely;
(6)A practitioner has engaged in lewd or immoral conduct in connection with the delivery of addiction counseling or prevention services to consumers;
(7)A practitioner has or is employing or assisting an uncertified or unlicensed person to hold himself or herself out as a certified or licensed addiction counselor or certified prevention specialist;
(8)A practitioner submitted false, misleading, or inaccurate information to the board in obtaining issuance or renewal of recognition, certification, or licensure; or
(9)A practitioner has failed to provide information or documents requested by the board in the investigation or prosecution of a professional or ethical complaint filed with the board.
Each legally required notice shall be sent via ordinary first-class mail to the most recent address that the practitioner has reported to the board. The practitioner has the duty to maintain an accurate and current mailing address with the board.
Source:
SL 2004, ch 253, §22; SL 2013, ch 183, §21.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-22 - Physical or mental examination--Summary revocation procedures on failure to comply.

36-34-22. Physical or mental examination--Summary revocation procedures on failure to comply.
The board may, in a disciplinary proceeding, order a practitioner to submit to a reasonable physical or mental examination if the practitioner's physical or mental capacity to practice safely is at issue. Failure to comply with a board order to submit to a physical or mental examination renders a practitioner liable to the summary revocation procedures described in §36-34-24.
Source:
SL 2004, ch 253, §23.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-23 - Sanctions--Withdrawal of probation--Certification or licensure during appeal.

36-34-23. Sanctions--Withdrawal of probation--Certification or licensure during appeal.
The board may impose any of the following sanctions, singly or in combination, if the board finds that a practitioner has violated any part of §36-34-21:
(1)Revoke a practitioner's certification or license to practice for an indefinite length of time;
(2)Suspend a practitioner's certification or license for a specific or indefinite length of time;
(3)Censure a practitioner;
(4)Issue a letter of reprimand;
(5)Place a practitioner on probationary status and require the practitioner to report regularly to the board on the matters which are the basis for probation;
(6)Limit the practitioner's practice to areas prescribed by the board and continue to renew professional education until a satisfactory degree of skill has been attained in those areas which are the basis of the probation;
(7)Require the practitioner to reimburse the board in an amount equal to the costs incurred for the investigation and disciplinary hearing including the amount paid by the board for legal expenses, attorney fees, court reporters, and any mediator or hearing officer, provided there is clear and convincing evidence of wrongdoing on the part of the practitioner.
The board may withdraw the probation if the board finds the deficiencies that resulted in disciplinary action have been remedied.
Certification or licensure shall remain in effect during the pendency of an appeal unless suspended under §36-34-24.
Source:
SL 2004, ch 253, §24; SL 2013, ch 183, §22.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-24 - Summary suspension--Hearing--Appeal.

36-34-24. Summary suspension--Hearing--Appeal.
The board may summarily suspend a practitioner's recognition, certification, or licensure in advance of a final adjudication or during the appeals process if the board finds that a practitioner would represent a clear and immediate danger to the public health and safety if the practitioner were allowed to continue to practice. A practitioner whose recognition, certification, or licensure is suspended under this section is entitled to a hearing before the board within twenty days after the effective date of the suspension. The practitioner may subsequently appeal the suspension to circuit court in accordance with chapter 1-26.
Source:
SL 2004, ch 253, §25; SL 2013, ch 183, §23.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-25 - Reinstatement or new recognition, certification, or license--Costs of suspension or revocation.

36-34-25. Reinstatement or new recognition, certification, or license--Costs of suspension or revocation.
Any practitioner whose recognition, certification, or license to practice has been suspended or revoked may be reinstated or a new recognition, certification, or license may be issued, as the case may be, if in the discretion of the board, such action is warranted. The board may require the applicant to pay all costs of the proceedings resulting in the applicant's suspension or revocation including the amount paid by the board for legal expenses and attorney fees.
Source:
SL 2004, ch 253, §26; SL 2013, ch 183, §24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-26 - Allegations--Burden of proof.

36-34-26. Allegations--Burden of proof.
In the prosecution of any person for violation of this chapter, it is not necessary to allege or prove lack of valid recognition, certification, or licensure. Proof of recognition, certification, or licensure is a matter of defense to be established by the defendant.
Source:
SL 2004, ch 253, §27; SL 2013, ch 183, §25.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 34 - Addiction And Prevention Professionals › Section 36-34-27 - Application of chapter to ongoing recognition, certification, or licensure.

36-34-27. Application of chapter to ongoing recognition, certification, or licensure.
Nothing in this chapter may be construed to limit the ongoing recognition, certification, or licensure of any person at the level of recognition, certification, or licensure and for the time period established under the former South Dakota Chemical Dependency Counselor Certification Board or the Certification Board for Alcohol and Drug Professionals.
Source:
SL 2004, ch 253, §28; SL 2013, ch 183, §26.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-1 - Definitions.

36-35-1. Definitions.
Terms in this chapter mean:
(1)"Board," the Board of Massage Therapy;
(2)"Licensee," a person who meets the qualifications for licensure pursuant to this chapter and holds a valid license to practice massage therapy;
(3)"Massage," the systematic mobilization of the soft tissues of the body through the application of hands, feet, or devices for the purposes of therapy, relaxation, or education through means which include:
(a)Pressure, friction, stroking, rocking, kneading, percussion, compression, or stretching;
(b)External application of water, heat, cold, lubricants, or other topical agents; or
(c)The use of devices that mimic or enhance the actions of human hands or feet; and
(4)"Practice of massage therapy," the performance of massage for a fee or other compensation or holding oneself out to the public as performing massage.
Source:
SL 2005, ch 206, §1; SL 2016, ch 197, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-2 - Appointment of board members--Terms--Vacancy.

36-35-2. Appointment of board members--Terms--Vacancy.
The board consists of five members appointed by the Governor. The term of a board member is three years. One member of the board shall be a person not licensed by the board. Four members of the board shall be persons licensed by the board. The Governor shall fill any vacancy by appointment to complete the unexpired portion of the vacancy. No person may serve more than three consecutive full terms on the board. The appointment to an unexpired term is not considered a full term.
The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment.
Source:
SL 2005, ch 206, §2; SL 2012, ch 16, §14; SL 2013, ch 176, §8; SL 2016, ch 197, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-3 - Resignation of board members--Effective date.

36-35-3. Resignation of board members--Effective date.
Any member of the board may resign by giving written notice to the board and to the Governor. Resignations are effective when delivered to the Governor and the board.
Source:
SL 2005, ch 206, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-4 - Selection of officers.

36-35-4. Selection of officers.
The board shall annually elect from its members a president, vice-president, and secretary.
Source:
SL 2005, ch 206, §4; SL 2016, ch 197, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-5 - Meetings of board.

36-35-5. Meetings of board.
The board shall hold at least two meetings per year at a place and time set by the board. The board may hold additional meetings at a time and place set by the president or a majority of the board.
Source:
SL 2005, ch 206, §5; SL 2016, ch 197, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-6 - Quorum--Majority vote.

36-35-6. Quorum--Majority vote.
Three board members present at any meeting constitute a quorum. No board action may occur unless approved by a majority vote of the entire board.
Source:
SL 2005, ch 206, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-6.1 - Powers of board.

36-35-6.1. Powers of board.
The board may:
(1)Administer, coordinate, and enforce the provisions of this chapter;
(2)Evaluate the qualifications of applicants for licensure and permits and issue and renew licenses and permits;
(3)Maintain the names of persons that meet the qualifications for licensure;
(4)Conduct all disciplinary proceedings under this chapter;
(5)Maintain a record of each complaint received by the board;
(6)Establish standards for the safe and qualified practice of massage therapy;
(7)Report licensing actions and status to relevant state and federal governing bodies as may be required, or as the board deems appropriate; and
(8)Employ or contract with personnel and enter into contracts pursuant to law to carry out the board's responsibilities.
Source:
SL 2016, ch 197, §19.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-7 - Compensation of board members.

36-35-7. Compensation of board members.
Board members shall receive a per diem set pursuant to §4-7-10.4 and expenses at the same rate as other state employees while actually engaged in official duties.
Source:
SL 2005, ch 206, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-8 - Display of license--Proof of licensure.

36-35-8. Display of license--Proof of licensure.
Any person engaged in the practice of massage in this state shall conspicuously display a valid license from the board in the licensee's regular place of business. If the licensee is providing massage therapy outside of the licensee's regular place of business, the licensee shall, upon request, produce photo identification and proof of licensure. Failure to comply with this section is a petty offense.
Source:
SL 2005, ch 206, §8; SL 2013, ch 184, §1; SL 2016, ch 197, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-9 - Use of fees.

36-35-9. Use of fees.
Any fees collected under this chapter shall be used for the operation of the board and the implementation of this chapter.
Source:
SL 2005, ch 206, §9; SL 2013, ch 184, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-10 - Practice of massage without license or employment of unlicensed person as misdemeanor.

36-35-10. Practice of massage without license or employment of unlicensed person as misdemeanor.
Any person who engages in the practice of massage or holds himself or herself out to the public as engaged in the practice of massage without a license issued pursuant to this chapter, or owns, operates or manages a business which knowingly employs or contracts with any unlicensed person to offer or provide massage therapy, is guilty of a Class 1 misdemeanor. The board may bring a civil action to enjoin any violation of this chapter.
Source:
SL 2005, ch 206, §10; SL 2013, ch 184, §3; SL 2016, ch 197, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 35 - Massage Therapists › Section 36-35-12 - Application for license--Qualifications--Appeal of denial.

36-35-12. Application for license--Qualifications--Appeal of denial.
The board shall issue a license to engage in the practice of massage to any person who submits an application form and the nonrefundable application fee as approved in §36-35-17 and who demonstrates the following qualifications:
(1)Eighteen years of age or older;
(2)Completion of no less than five hundred hours of training or study in the practice of massage with a facility or instructor recognized by the board;
(3)Absence of unprofessional conduct;
(4)Professional liability insurance coverage pursuant to §36-35-21; and
(5)Passing score on a nationally recognized competency examination approved by the board in rules promulgated pursuant to chapter 1-26.
The board may refuse to grant a license to any person based on failure to demonstrate the requirements of this section. The board may grant a license, subdivision 36-35-13(1) notwithstanding, if the applicant has been convicted of, or pled guilty to a felony, any crime involving or relating to the practice of massage, or any crime involving dishonesty or moral turpitude and the board determines that the plea or conviction is of a nature or is sufficiently remote in time that the applicant does not constitute a risk to public safety. An applicant may appeal the denial of a license in compliance with chapter 1-26.
Source:
SL 2005, ch 206, §12; SL 2007, ch 223, §1; SL 2013, ch 184, §5; SL 2015, ch 201, §1.