reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-68 - Applicants licensed out-of-state--Temporary license.

36-32-68  .  Applicants licensed out-of-state--Temporary license.
If a professional counselor licensed in another state or territory of the United States has not passed the national examination required by the board for licensure under §  36-32-67  , the board may provide the applicant with a temporary license to practice for up to ninety days, if the applicant demonstrates that:
(1) The applicant is currently licensed as a professional counselor or professional counselor--mental health and has been under the jurisdiction of the licensing authority in the other jurisdiction for at least three years before the time of submitting an application to the board;
(2) The applicant is in good standing with the licensing authority in the other jurisdiction;
(3) The applicant has been in active practice during the three-year period before the time of submitting an application to the board; and
(4) The applicant has no record of unprofessional conduct or pending disciplinary complaints in the other jurisdiction.
For purposes of this section, the term, active practice, means at least one thousand five hundred hours of clinical experience.
An applicant for a temporary license shall submit an application on a form approved by the board, along with the application fee and the temporary license fee prescribed by the board in accordance with §36-32-92. The board shall issue a temporary license as a professional counselor or professional counselor--mental health to an applicant who meets the requirements of this section and pays the required fee. A temporary license automatically expires upon the applicant's passage of the required national examination or at the conclusion of the term for which the temporary license was issued, whichever occurs first. A temporary license may only be renewed once.
Source:  SL 2020, ch 165, § 22.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-69 - Person practicing under temporary license--Board supervision and discipline.

36-32-69  .  Person practicing under temporary license--Board supervision and discipline.
Any person practicing under a temporary license is subject to supervision and discipline by the board in the same manner as any other licensee under this chapter. A person practicing under a temporary license is under the jurisdiction of the board.
Source:  SL 2020, ch 165, § 23.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-70 - Change of name or address--Notice to board.

36-32-70  .  Change of name or address--Notice to board.
A licensee shall furnish the board with updated information within thirty days upon a change in the licensee's name, place of employment, or place of business.
Source:  SL 2020, ch 165, § 24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-71 - Term of license.

36-32-71  .  Term of license.
A license issued under this chapter, other than a temporary license, is valid until November thirtieth of the next even-numbered year following the date of issuance. A license expires automatically unless the license is renewed.
Source:  SL 2020, ch 165, § 25.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-72 - Renewal of license.

36-32-72  .  Renewal of license.
Any licensee holding a valid license under this chapter may renew that license by submitting an application for renewal before the date of expiration, paying the required renewal fee, and providing proof of compliance with the continuing education requirements prescribed by the board. If a licensee fails to renew a license on or before the thirtieth day of November in an even-numbered year, the license is automatically suspended.
The board shall notify the licensee that a renewal application has not been received by the board and that the licensee may not practice counseling. Any person who submits a license renewal application and provides proof of compliance with the continuing education requirements set by the board within thirty days after the expiration date of the license may be granted a license renewal.
Source:  SL 2020, ch 165, § 26.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-73 - Continuing education for license renewal.

36-32-73  .  Continuing education for license renewal.
Except as otherwise provided in this section, any person licensed under this chapter shall complete at least forty hours of continuing education every two years in a manner and with an instructor approved by the board.
Any person whose initial license is granted for a period of less than two years shall, during that initial licensure period, complete a prorated number of hours of continuing education, in a manner and with an instructor approved by the board.
The required continuing education hours may be obtained through electronic means. The board may extend or waive the continuing education requirements for a licensee upon a showing of good cause, prior to the expiration of the license.
Source:  SL 2020, ch 165, § 27.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-74 - Inactive license--Reactivation.

36-32-74  .  Inactive license--Reactivation.
The board may place a license on inactive status at the request of the licensee and the payment of a fee prescribed by the board. An inactive license expires four years after the date of issuance. An inactive license may be reactivated by payment of the license renewal fee and proof of having completed at least forty hours of continuing education during the two-year period immediately preceding the reactivation request. If a license is not reactivated before expiration, all provisions applicable to an applicant for licensure also apply in order for the license to be restored to active status.
Any license on inactive status as of July 1, 2020, expires on November 30, 2022, unless the licensee meets the requirements for reactivation before that time.
Source:  SL 2020, ch 165, § 28.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-75 - Expired license--Reactivation.

36-32-75  .  Expired license--Reactivation.
An expired license may be reactivated within the four-year period following the expiration of the license, if the applicant:
(1) Pays any applicable renewal fees required for the period of expiration;
(2) Provides proof of any continuing education required for the period of expiration; and
(3) Provides proof of passing a national examination approved by the board after the date the license expired.
Source:  SL 2020, ch 165, § 29.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-76 - Inapplicability of chapter to certain activities and services.

36-32-76  .  Inapplicability of chapter to certain activities and services.
The provisions of this chapter do not apply to the activities and services of a person practicing counseling as part of that person's duties if the person is:
(1) Licensed or certified under this title and acting in a manner consistent with state law regarding the scope of practice;
(2) Employed by a school, college, university, or other institution of higher learning and is engaged primarily in the education of students;
(3) Employed by a federal, state, county, or local governmental institution or agency and performing the duties for which the person is employed;
(4) Employed by a licensed health care facility, an accredited prevention or treatment facility, a community support provider, a nonprofit mental health center, or a licensed or registered child welfare agency;
(5) A member of the clergy and acting in a ministerial capacity, if the activity is within the scope of the person's regular or specialized duties; or
(6) A student enrolled in a recognized program of study leading to a counseling degree, if that student practices only under the direct supervision of a counselor educator or a counselor licensed under this chapter.
Source:  SL 2020, ch 165, § 30.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-77 - Client's violent behavior--Duty to warn.

36-32-77  .  Client's violent behavior--Duty to warn.
No cause of action may arise against any licensed professional counselor or licensed professional counselor--mental health for failing to warn of or protect others from a client's threatened behaviors or for failing to predict, warn or protect others from a client's violent behavior except if the client has communicated to the professional counselor or professional counselor--mental health a serious threat of physical violence against an identifiable victim. The duty to warn or to take reasonable precautions to provide protection from violent behavior arises only under the limited circumstances specified in this section.
Source:  SL 2020, ch 165, § 31.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-78 - Privileged information--Exceptions.

36-32-78  .  Privileged information--Exceptions.
No licensee or an employee of a licensee may disclose information that was acquired from any person consulting the licensee in a professional capacity that was necessary to render services in a professional capacity, except:
(1) If mandated by state law or authorized under the Health Insurance Portability and Accountability Act of 1996, as amended to January 1, 2020;
(2) With the written consent of the person or, in the case of the person's death or disability, with the written consent of a personal representative, a person authorized to sue on the person's behalf, or the beneficiary of an insurance policy related to the person's life, health, or physical condition;
(3) If the information is necessary to prevent or mitigate a serious and imminent threat to the health or safety of a person or to the public and the disclosure is made to a person reasonably able to prevent or mitigate the threat, including the target of the threat;
(4) If the licensed professional counselor or professional counselor--mental health is a party defendant to a civil, criminal, or disciplinary action arising from the counselor's professional capacity, in which case any waiver of the privilege accorded by this section is limited to that action;
(5) If the client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or right to present testimony and evidence; or
(6) If the person waives the privilege by bringing charges against the licensee.
Source:  SL 2020, ch 165, § 32.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-79 - Testimony by counselor--Alimony or divorce action.

36-32-79  .  Testimony by counselor--Alimony or divorce action.
If both parties to a marriage have obtained counseling from a licensed professional counselor or a licensed professional counselor--mental health, the counselor may not testify in an alimony or divorce action concerning information acquired in the course of the therapeutic relationship. This section does not apply to custody actions.
Source:  SL 2020, ch 165, § 33.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-80 - Complaints--Investigation--Dismissal--Hearing--Appeal.

36-32-80. Complaints--Investigation--Dismissal--Hearing--Appeal.
Complaints regarding any person licensed under this chapter shall be processed pursuant to chapter 36-1C. A record of each complaint shall be maintained in the board office.
Notwithstanding any provision of chapter 36-1C, an investigation may be conducted by a member, agent, or an appointee of the board to determine whether the alleged violation has been committed. The investigator, if a member of the board, may dismiss a complaint if it appears to the member, in consultation with the board president, that no violation has been committed. If the investigator is an agent or an appointee of the board, dismissal of the complaint may only be made by the board president. Any disposition agreed upon between the investigator and the licensee or permit holder shall be made known to and approved by the board.
Any disciplinary proceeding must be conducted in accordance with chapter 1-26. Any decision of the board entered in a contested proceeding may be appealed to the circuit court within thirty days. A license or permit remains in effect during the pendency of an appeal, unless suspended under §36-32-86.
Source:
SL 2020, ch 165, § 34; SL 2021, ch 168, § 41.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-81 - Inspection of premises--Purposes.

36-32-81  .  Inspection of premises--Purposes.
Upon receiving a complaint regarding the health or safety of any patient or the public, any authorized board member, officer, or agent may enter and inspect, during business hours, any place where counseling is practiced for the purpose of enforcing this chapter. Refusal to allow an inspection may constitute unprofessional or dishonorable conduct.
Source:  SL 2020, ch 165, § 35.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-82 - Discovery--Evidence in contested cases--Civil actions.

36-32-82  .  Discovery--Evidence in contested cases--Civil actions.
Testimony or documentary evidence of any kind obtained by the board during the investigation of a complaint is not subject to discovery or disclosure under chapter   15-6   or any other provision of law and is not admissible as evidence in any legal proceeding, unless the complaint becomes a contested case under chapter   1-26  . No person who has participated in the investigation of a complaint on behalf of the board may testify as an expert witness or be compelled to testify for any party in any civil action, if the subject matter of the complaint investigated is a basis for the civil action.
Source:  SL 2020, ch 165, § 36.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-83 - Revocation of license--Grounds.

36-32-83  .  Revocation of license--Grounds.
For purposes of this chapter, "unprofessional or dishonorable conduct" includes a finding that:
(1) The licensee or permit holder is guilty of fraud in the practice of counseling or of fraud or deceit in the licensee's admission to the practice of counseling;
(2) The licensee or permit holder has been convicted during the past five years of a felony, or of any crime which, if committed in this state would constitute a felony;
(3) The licensee or permit holder is engaged in the practice of counseling under a false or assumed name and has not registered that name under chapter   37-11  , or is impersonating another practitioner having a like or different name;
(4) The licensee or permit holder is addicted to the habitual use of intoxicating liquors, narcotics, or stimulants, to an extent that incapacitates the licensee from the performance of professional duties;
(5) The physical or mental condition of the licensee or permit holder, as determined by a competent health care provider, poses a risk of jeopardizing or endangering those who seek services from the licensee;
(6) The licensee or permit holder obtained or attempted to obtain a license, certificate, permit, or renewal through means of bribery or fraudulent representation;
(7) The licensee or permit holder knowingly made a materially false statement in connection with any application under this chapter;
(8) The licensee or permit holder knowingly made a materially false statement on any form required by the board in accordance with this chapter or any rules promulgated under this chapter;
(9) The licensee or permit holder violated any provision of this chapter or any rule promulgated under this chapter; or
(10) The licensee or permit holder violated ethical standards adopted by the board.
Source:  SL 2020, ch 165, § 37.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-84 - Revocation proceedings--Initiation.

36-32-84  .  Revocation proceedings--Initiation.
Proceedings for the suspension, revocation, or cancellation of a license or permit may be initiated if the board has information that a person may have engaged in any unprofessional or dishonorable conduct, as described in §  36-32-83  , or violated this chapter or any rule promulgated under this chapter.
Source:  SL 2020, ch 165, § 38.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-85 - Violation of chapter--Sanctions.

36-32-85  .  Violation of chapter--Sanctions.
If the board finds that a person, entity, licensee, or permit holder has engaged in any unprofessional or dishonorable conduct, as described in §  36-32-83  , or violated any provision of this chapter or any rule promulgated under this chapter, the board may:
(1) Revoke a license or permit for an indefinite period;
(2) Suspend a license or permit for a specific or an indefinite period;
(3) Place a limit or a condition on a license or permit;
(4) Issue a censure or a letter of reprimand;
(5) Place a licensee or permit holder on probationary status and require that the licensee or permit holder report regularly to the board on the matters that are the basis for probation, limit the licensee's or permit holder's practice to areas prescribed by the board, and require professional education until a satisfactory degree of skill has been attained in those areas that are the basis of the probation. The board may withdraw the probation if the board finds the deficiencies that required disciplinary action have been remedied;
(6) Impose any other sanction that the board determines is appropriate;
(7) Impose a fee to reimburse the board in an amount equal to some or all of the costs incurred for the investigation and proceedings resulting in disciplinary action, or for the issuance of a cease and desist order; or
(8) Deny an application for a license or permit.
Source:  SL 2020, ch 165, § 39.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-86 - Suspension of license or registration--Grounds--Hearing--Appeal.

36-32-86  .  Suspension of license or registration--Grounds--Hearing--Appeal.
The board may suspend a license or permit in advance of a final adjudication or during the appeals process if the board finds that allowing a licensee or permit holder to continue practicing would represent a clear and immediate or imminent danger to public health and safety. A person whose license or permit is suspended under this section is entitled to a hearing before the board within twenty days after the effective date of the suspension. The suspension may subsequently be appealed to the circuit court in accordance with chapter   1-26  .
Source:  SL 2020, ch 165, § 40.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-87 - Conformity of revocation proceedings--Appeal.

36-32-87  .  Conformity of revocation proceedings--Appeal.
All proceedings regarding the suspension, revocation, or cancellation of a license or permit shall conform to the procedure set forth in chapter   1-26  .
A party may appeal any act, ruling, or decision regarding a license, in accordance with chapter   1-26  .
Source:  SL 2020, ch 165, § 41.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-88 - Reinstatement of license.

36-32-88  .  Reinstatement of license.
At the board's discretion, the board may reinstate or issue a new license or permit. The board may require the applicant to pay all costs of the proceedings resulting in the suspension, revocation, reinstatement, or issuance of a license or permit.
Source:  SL 2020, ch 165, § 42.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-89 - Violations reported to law enforcement officials--Prosecution of violations.

36-32-89. Violations reported to law enforcement officials--Prosecution of violations.
The board shall investigate an alleged violation of any provision of this chapter, pursuant to the procedures set forth in chapter 36-1C, and report the alleged violation. The board may employ special counsel subject to the supervision, control, and direction of the attorney general to assist in the prosecution of alleged criminal violations and may expend the necessary funds for this purpose.
Source:
SL 2020, ch 165, § 43; SL 2021, ch 168, § 42.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-90 - Action for injunction.

36-32-90  .  Action for injunction.
Any person who violates any provision in this chapter may be enjoined from any further violation at the suit of the state's attorney of the county where the violation occurred. In the alternative, suit may be brought by any resident of this state.
Source:  SL 2020, ch 165, § 44.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-91 - Counseling services through electronic means--Requirements.

36-32-91  .  Counseling services through electronic means--Requirements.
Any person who practices counseling through electronic means and provides counseling services to a patient located in this state is engaged in the practice of counseling in this state, regardless of the provider's physical location. Any service provided by a person through electronic means shall comply with the provisions of this chapter and rules promulgated under this chapter.
Source:  SL 2020, ch 165, § 45.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-92 - Fees--Promulgation of rules.

36-32-92  .  Fees--Promulgation of rules.
The board shall promulgate rules in accordance with chapter   1-26  , to establish the following:
(1) An application fee, not to exceed two hundred dollars;
(2) A biennial renewal fee, not to exceed three hundred dollars;
(3) A duplicate license fee, not to exceed fifteen dollars;
(4) An inactive license fee, not to exceed one hundred dollars;
(5) A temporary license fee, not to exceed two hundred dollars; and
(6) A license verification fee, not to exceed twenty-five dollars.
Source:  SL 2020, ch 165, § 46.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-93 - Professional counselors--Continuation of licenses.

36-32-93  .  Professional counselors--Continuation of licenses.
Any person licensed as a professional counselor under §  36-32-13   before June 30, 2020, is licensed as a professional counselor pursuant to §§  36-32-48   to   36-32-92  , inclusive.
Source:  SL 2020, ch 165, § 47.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 32 - Professional Counselors › Section 36-32-94 - Professional counselor--mental health--Continuation of licenses.

36-32-94  .  Professional counselor--mental health--Continuation of licenses.
Any person licensed as a professional counselor--mental health under §  36-32-42   before June 30, 2020, is licensed as a professional counselor--mental health pursuant to §§  36-32-48   to   36-32-92  , inclusive.
Source:  SL 2020, ch 165, § 48.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-34 - Definitions.

36-33-34  .  Definitions.
Terms used in this chapter mean:
(1) "Board," the Board of Examiners for Counselors and Marriage and Family Therapists;
(2) "Licensee," a person who holds a license to practice marriage and family therapy;
(3) "Practice of marriage and family therapy," the rendering of professional marriage and family therapy services to individuals, family groups, and marital pairs, one-on-one or in groups, whether the services are offered directly to the general public or through organizations, either public or private, for compensation, including the diagnosis and treatment of nervous and mental disorders through the application of systemic theory and technique, whether cognitive, affective, or behavioral, within the context of marriage and family systems.
Source:  SL 2020, ch 166, § 1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-35 - Display of license.

36-33-35  .  Display of license.
Each license issued by the board under this chapter shall be conspicuously displayed by the licensee at the primary place of practice of the licensee. Each licensee shall post and keep conspicuously displayed the annual renewal certificate issued by the board.
Source:  SL 2020, ch 166, § 2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-36 - Unlicensed practice--Violation as misdemeanor.

36-33-36  .  Unlicensed practice--Violation as misdemeanor.
It is a Class 2 misdemeanor for any person to engage or attempt to engage in the practice of marriage and family therapy, without a license, unless exempted under the provisions of this chapter.
Source:  SL 2020, ch 166, § 3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-37 - Use of certain titles by unlicensed persons--Prohibition.

36-33-37  .  Use of certain titles by unlicensed persons--Prohibition.
Unless licensed in accordance with the provisions of this chapter, no person may use the titles: marital therapist, marriage counselor, family therapist, licensed marital therapist, licensed marriage counselor, licensed family therapist, or licensed marriage and family therapist, or any other similar title.
Source:  SL 2020, ch 166, § 4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-38 - Fraudulent or misleading advertising--Violation as misdemeanor.

36-33-38  .  Fraudulent or misleading advertising--Violation as misdemeanor.
No advertising regarding the practice of marriage and family therapy may be fraudulent or misleading. A violation of this section is a Class 1 misdemeanor.
Source:  SL 2020, ch 166, § 5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-39 - Performing services outside of scope--Prohibition.

36-33-39  .  Performing services outside of scope--Prohibition.
No licensee may perform marriage and family therapy services outside the scope of the licensee's relevant education, training, and experience.
Source:  SL 2020, ch 166, § 6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-40 - Inapplicability of chapter to certain professionals.

36-33-40  .  Inapplicability of chapter to certain professionals.
Nothing in this chapter may be construed to prevent any other qualified professional, including a clinical social worker, psychiatric nurse, professional counselor, clinical and counseling psychologist, physician, or member of the clergy, from performing or advertising the performance of marriage and family therapy consistent with the accepted standards of that person's profession, if the person does not use a title or description stating or implying that the person is licensed to practice marriage and family therapy under this chapter.
Source:  SL 2020, ch 166, § 7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-41 - Enforcement of chapter.

36-33-41  .  Enforcement of chapter.
The board may use board staff or employ or contract with an agent or investigator to assist in the enforcement of the provisions of this chapter, or any rule promulgated under this chapter. If it appears to the board that a person is violating any provisions of this chapter or any rule promulgated under this chapter, the board may, in the board's name or in the name of the state, in the circuit court in any county in which jurisdiction is proper, bring an action to enjoin the act, practice, or violation and to enforce compliance with the provisions of this chapter, or any rule promulgated under this chapter, as an alternative to criminal proceedings. Criminal proceedings shall be prosecuted by the Office of the Attorney General or by a person designated by the attorney general and retained by the board as provided in this chapter.
Source:  SL 2020, ch 166, § 8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-42 - Assistance in enforcement--Expenditures--Employment of attorney.

36-33-42  .  Assistance in enforcement--Expenditures--Employment of attorney.
The board and board members and officers shall assist any person charged with the enforcement of the provisions of this chapter. The board, board members, agents, and officers shall furnish evidence to assist in the prosecution of any violation or enforcement, and the board may make a reasonable expenditure for that purpose. The board may employ an attorney designated by the attorney general. The board shall determine the compensation and period of service of the attorney and pay the attorney out of the board's funds.
Source:  SL 2020, ch 166, § 9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-43 - Marriage and family therapist--Application--Requirements.

36-33-43  .  Marriage and family therapist--Application--Requirements.
An applicant for a license as a marriage and family therapist shall file an application, in the manner prescribed by the board, together with the application fee prescribed by the board in accordance with §36-33-70. The board shall issue a license as a marriage and family therapist 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 marriage and family therapy, from an accredited marriage and family therapy program recognized by the board, or an equivalent course of study approved by the board;
(2) The applicant has passed a standardized national examination approved by the board;
(3) Within the four-year period preceding the application, the applicant completed one thousand seven hundred hours of supervised experience in marriage and family therapy under a plan of supervision approved by the board subsequent to the applicant receiving an acceptable degree;
(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 of the provisions of this chapter or any rules promulgated under this chapter.
The board may refuse to issue 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 166, § 10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-44 - Examination of applicant's physical or mental health.

36-33-44  .  Examination of applicant's physical or mental health.
If the board suspects that the physical or mental health of an 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 166, § 11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-45 - Applicants licensed out-of-state--Licensure requirements.

36-33-45  .  Applicants licensed out-of-state--Licensure requirements.
Notwithstanding any other provisions of this chapter, the board may issue a license as a marriage and family therapist to an applicant who is licensed to practice marriage and family therapy in another state or territory of the United States, if the applicant demonstrates that:
(1) The applicant is currently licensed as a marriage and family therapist and has been under the jurisdiction of the licensing authority in the other jurisdiction for at least three years before the time of submitting an application to the board;
(2) The applicant is in good standing with the licensing authority in the other jurisdiction;
(3) The applicant has been in an active practice during the three-year period before the time of submitting an application to the board;
(4) The applicant passed a standard national examination approved by the board; 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 at least one thousand five hundred hours of clinical experience.
Source:  SL 2020, ch 166, § 12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-46 - Applicant licensed out-of-state--Temporary license.

36-33-46  .  Applicant licensed out-of-state--Temporary license.
If a marriage and family therapist licensed in another state or territory of the United States has not passed the national examination required by the board for licensure by endorsement, the board may provide the applicant with a temporary license to practice for up to ninety days, if the applicant demonstrates that:
(1) The applicant is currently licensed as a marriage and family therapist and has been under the jurisdiction of the licensing authority in the other jurisdiction for at least three years before the time of submitting an application to the board;
(2) The applicant is in good standing with the licensing authority in the other jurisdiction;
(3) The applicant has been in an active practice during the three-year period before the time of submitting an application to the board; and
(4) The applicant has no record of unprofessional conduct or any pending disciplinary complaints in the other jurisdiction.
For purposes of this section, the term, active practice, means at least one thousand five hundred hours of clinical experience.
An applicant for a temporary license shall submit an application on a form approved by the board, along with the application fee and a temporary license fee prescribed by the board. The board shall issue a temporary license as a marriage and family therapist to an applicant who meets the requirements of this section and pays the required fees. A temporary license automatically expires upon the applicant's passage of the required national examination or at the conclusion of the term for which the license was issued, whichever occurs first. A temporary license may only be renewed once.
Source:  SL 2020, ch 166, § 13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-47 - Person practicing under temporary license--Board supervision and discipline.

36-33-47  .  Person practicing under temporary license--Board supervision and discipline.
Any person practicing under a temporary license is subject to supervision and discipline by the board, in the same manner as any other person licensed under this chapter. A person practicing under a temporary license submits to the jurisdiction of the board.
Source:  SL 2020, ch 166, § 14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-48 - Change of name or address--Notice to board.

36-33-48  .  Change of name or address--Notice to board.
A licensee shall furnish the board with updated information within thirty days upon a change in the licensee's name, place of employment, or place of business.
Source:  SL 2020, ch 166, § 15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-49 - Term of license.

36-33-49  .  Term of license.
Any license issued under the provisions of this chapter is valid until November thirtieth of the next even-numbered year following the date of issuance. A license expires automatically, unless it is renewed.
Source:  SL 2020, ch 166, § 16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-50 - Renewal of license.

36-33-50  .  Renewal of license.
Any licensee holding a license issued under the provisions of this chapter may renew that license by submitting an application for renewal before the date of expiration, paying the required renewal fee, and providing proof of compliance with the continuing education requirements prescribed by the board. If a licensee fails to renew a license on or before the thirtieth day of November in an even-numbered year, the license is automatically suspended.
The board shall notify the licensee that a renewal application has not been received by the board and that the licensee may not practice counseling. Any person who submits a license renewal application and provides proof of compliance with the continuing education requirements set by the board within thirty days after the expiration date may be granted a license renewal.
Source:  SL 2020, ch 166, § 17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-51 - Continuing education for license renewal.

36-33-51  .  Continuing education for license renewal.
Except as otherwise provided in this section, any person licensed under this chapter shall complete at least forty hours of continuing education every two years in a manner and with an instructor approved by the board.
Any person whose initial license is granted for a period of less than two years shall, during that initial licensure period, complete a prorated number of hours of continuing education, in a manner and with an instructor approved by the board.
The required continuing education hours may be obtained through electronic means. The board may extend or waive the continuing education requirements for a licensee upon a showing of good cause, prior to expiration of the license.
Source:  SL 2020, ch 166, § 18.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-52 - Inactive license--Reactivation.

36-33-52  .  Inactive license--Reactivation.
The board may place a license on inactive status at the request of a licensee and the payment of a fee prescribed by the board. An inactive license expires four years after the date of issuance. An inactive license may be reactivated by payment of the license renewal fee and proof of having completed at least forty hours of continuing education during the two-year period immediately preceding the reactivation request. If a license is not reactivated before its expiration, all provisions applicable to an applicant for licensure also apply in order for the license to be restored to active status.
Any license that is on inactive status as of July 1, 2020, expires on November 30, 2022, unless the licensee meets the requirements for reactivation before that time.
Source:  SL 2020, ch 166, § 19.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-53 - Expired license--Reactivation.

36-33-53  .  Expired license--Reactivation.
An expired license may be reactivated within the four-year period following its expiration if the applicant:
(1) Pays any applicable renewal fee required for the period of expiration;
(2) Provides proof of any continuing education required for the period of expiration; and
(3) Provides proof of passing a national examination approved by the board after the date the license expired.
Source:  SL 2020, ch 166, § 20.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-54 - Inapplicability of chapter to certain activities and services.

36-33-54  .  Inapplicability of chapter to certain activities and services.
The provisions of this chapter do not apply to the activities and services of a person practicing marriage and family therapy as part of the person's duties if the person is:
(1) An employee of an accredited educational institution, or a federal, state, county, or local governmental institution or agency;
(2) An employee of a not-for-profit entity that meets community needs; or
(3) A marriage and family therapy intern or person preparing for the practice of marriage and family therapy under qualified supervision in a training institution or facility or supervisory arrangement recognized and approved by the board.
Source:  SL 2020, ch 166, § 21.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-55 - Client's violent behavior--Duty to warn.

36-33-55  .  Client's violent behavior--Duty to warn.
No cause of action may arise against any licensed marriage and family therapist for failing to warn of and protect others from a client's threatened violent behavior or for failing to predict, warn of, and protect others from a client's violent behavior except if the client has communicated to the marriage and family therapist a serious threat of physical violence against an identifiable victim. The duty to warn or to take reasonable precautions to provide protection from violent behavior arises only under the limited circumstances specified in this section.
Source:  SL 2020, ch 166, § 22.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-56 - Privileged information--Exceptions.

36-33-56  .  Privileged information--Exceptions.
No licensee or an employee of a licensee may disclose information acquired from any person consulting the licensee in a professional capacity that was necessary to render services in a professional capacity, except:
(1) If mandated by law or authorized under the Health Insurance Portability and Accountability Act of 1996, as amended through January 1, 2020;
(2) If the information is necessary to prevent or mitigate a serious and imminent threat to the health or safety of a person or the public, and the disclosure is made to a person reasonably able to prevent or mitigate the threat, including the target of the threat;
(3) If the licensed marriage and family therapist is a party defendant to a civil, criminal, or disciplinary action arising from the therapist's professional capacity, in which case any waiver of the privilege accorded by this section is limited to that action;
(4) If the client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or right to present testimony and evidence;
(5) With the written consent of the person or, in the case of the person's death or disability, with the written consent of the person's personal representative, other person authorized to sue, or the beneficiary of an insurance policy on the person's life, health, or physical condition. If more than one person in a family is receiving therapy from the marriage and family therapist, each family member shall agree to the waiver for the marriage and family therapist to disclose information received from any family member;
(6) If the person waives the privilege by bringing charges against the licensee; or
(7) If there is a duty to warn under other limited circumstances set forth in this chapter.
Source:  SL 2020, ch 166, § 23.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-57 - Testimony by therapist--Alimony or divorce action.

36-33-57  .  Testimony by therapist--Alimony or divorce action.
If both parties to a marriage have obtained marriage and family therapy from a licensed marriage and family therapist, the therapist may not testify in an alimony or divorce action concerning information acquired in the course of the therapeutic relationship. This section does not apply to custody actions.
Source:  SL 2020, ch 166, § 24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-58 - Complaints--Investigation--Dismissal--Hearing--Appeal.

36-33-58. Complaints--Investigation--Dismissal--Hearing--Appeal.
The board shall receive complaints regarding the enforcement of the provisions of this chapter pursuant to the procedures set forth in chapter 36-1C. A record of each complaint shall be maintained by the board.
Notwithstanding chapter 36-1C, the investigator, if a member of the board, may dismiss a complaint if it appears to the member, in consultation with the board president, that no violation has been committed. If the investigator is an agent or an appointee of the board, dismissal of the complaint may only be made by the board president. Any disposition agreed upon between the investigator and the licensee or permit holder shall be made known to and approved by the board.
Any disciplinary proceeding shall be conducted in accordance with chapter 1-26. Any decision of the board entered in a contested proceeding may be appealed to the circuit court within thirty days. A license or permit shall remain in effect during the pendency of an appeal unless suspended under §36-33-64.
Source:
SL 2020, ch 166, § 25; SL 2021, ch 168, § 43.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 33 - Marriage And Family Therapists › Section 36-33-59 - Inspection of premises.

36-33-59  .  Inspection of premises.
Upon receiving a complaint regarding the health or safety of any patient or the public, any authorized board member, officer, or agent may enter and inspect, during business hours, any place where marriage and family therapy is practiced for the purpose of enforcing the provisions of this chapter. Refusal to allow an inspection may constitute unprofessional or dishonorable conduct.
Source:  SL 2020, ch 166, § 26.