reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:67 - DRUG DISTRIBUTORS › Chapter 20:67:03 - Drug storage and handling requirements › Section 20:67:03:07 - Standards for returned drugs to be met

Current through Register Vol. 51, page 10, July 15, 2024
If the conditions under which a prescription drug has been
				  returned cast doubt on the drug's safety, identity, strength, quality, or
				  purity, the drug shall be destroyed or returned to the supplier, unless
				  examination, testing, or other investigation proves that the drug meets
				  standards of safety, identity, strength, quality, and purity. In determining
				  whether the conditions under which a drug has been returned cast doubt on the
				  drug's safety, identity, strength, quality, or purity, the wholesale drug
				  distributor shall consider, among other things, the conditions under which the
				  drug has been held, stored, or shipped before or during its return and the
				  condition of the drug and its container, carton, or labeling as a result of
				  storage or shipping.
General Authority:
SDCL
					 36-11A-14(7),(13).
Law Implemented:
SDCL
					 36-11A-7.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:67 - DRUG DISTRIBUTORS › Chapter 20:67:04 - Record keeping › Section 20:67:04:01 - Record keeping

Current through Register Vol. 51, page 10, July 15, 2024
Wholesale drug distributors shall establish and maintain
				  inventories and records of all transactions regarding the receipt and
				  distribution or other disposition of prescription drugs, including outdated
				  drugs. These records shall include the following information:
(1) The source of the drugs, including the
				name and principal address of the seller or transferor, and the address of the
				location from which the drugs were shipped;
(2) The identity and quantity of the drugs
				received and distributed or disposed of;
(3) The dates of receipt and distribution or
				other disposition of the drugs; and
(4) Documentation of storage conditions as
				required in §
									20:67:03:02.
General Authority:
SDCL
					 36-11A-14(8).
Law Implemented:
SDCL
					 36-11A-1.4,
					 36-11A-7,
					 36-11A-34,
					 36-11A-41.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:67 - DRUG DISTRIBUTORS › Chapter 20:67:04 - Record keeping › Section 20:67:04:02 - Retention and inspection of records

Current through Register Vol. 51, page 10, July 15, 2024
Inventories and records required by this chapter may be
				  maintained by manual or electronic means in a form that allows inspection and
				  photocopying of requested records during inspections. All records shall be
				  retained for six years following disposition of the drugs.
General Authority:
SDCL
					 36-11A-14(8),(14).
Law Implemented:
SDCL
					 36-11A-16,
					 36-11A-17,
					 36-11A-44.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:67 - DRUG DISTRIBUTORS › Chapter 20:67:04 - Record keeping › Section 20:67:04:03 - Retrieval of records

Current through Register Vol. 51, page 10, July 15, 2024
Records described in this chapter that are kept at the
				  inspection site at a central location apart from the inspection site or that
				  can be immediately retrieved by computer or other electronic means shall be
				  readily available for authorized inspection during the retention
				  period.
General Authority:
SDCL
					 36-11A-14(8),(14).
Law Implemented:
SDCL
					 36-11A-7,
					 36-11A-17.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:67 - DRUG DISTRIBUTORS › Chapter 20:67:04 - Record keeping › Section 20:67:04:04 - Financial records treated as confidential materials

Current through Register Vol. 51, page 10, July 15, 2024
Any financial records inspected or photocopied by the board
				  shall be treated as confidential materials and not open to public
				  inspection.
General Authority:
SDCL
					 36-11A-14(2),(13).
Law Implemented:
SDCL
					 36-11A-16.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:67 - DRUG DISTRIBUTORS › Chapter 20:67:05 - Policies and procedures › Section 20:67:05:01 - Policies and procedures to be established

Current through Register Vol. 51, page 10, July 15, 2024
Wholesale and other drug distributors shall establish,
				  maintain, and adhere to written policies and procedures for the receipt,
				  security, storage, inventory, and distribution of prescription drugs, including
				  policies and procedures for identifying, recording, and reporting losses or
				  thefts and for correcting all errors and inaccuracies in inventories. Wholesale
				  and other drug distributors shall include in their written policies and
				  procedures the following:
(1) A
				procedure whereby the oldest approved stock of a prescription drug product is
				distributed first. The procedure may permit deviation from this requirement if
				the deviation is temporary;
(2) A
				procedure to be followed for handling recalls and withdrawals of prescription
				drugs due to:
(a) Any action initiated at the
				request of the food and drug administration or any other federal, state, or
				local law enforcement or governmental agency, including the board;
(b) Any voluntary action by the manufacturer
				to remove defective or potentially defective drugs from the market;
(c) Any action undertaken to promote public
				health and safety by the replacing of existing merchandise with an improved
				product or new package design;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:67 - DRUG DISTRIBUTORS › Chapter 20:67:06 - Inspections › Section 20:67:06:01 - Regular inspections required

Current through Register Vol. 51, page 10, July 15, 2024
All drug distributors, including third party logistics
				  providers, located within the state shall be inspected by the board every two
				  years with follow-ups if problems are found. The following areas may be
				  reviewed when inspections are performed:
(1) Responsibility for operation;
(2) Policies and procedures;
(3) Purchases and sales;
(4) Record keeping;
(5) Recalls;
(6) Facilities;
(7) Security;
(8) Storage conditions; and
(9) Returned goods.
General Authority:
SDCL
					 36-11A-14(14).
Law Implemented:
SDCL
					 36-11A-7,
					 36-11A-16.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:67 - DRUG DISTRIBUTORS › Chapter 20:67:06 - Inspections › Section 20:67:06:02 - Exemption from inspection

Current through Register Vol. 51, page 10, July 15, 2024
Wholesale and other drug distributors that have received a
				  satisfactory rating as the result of a full inspection of all operations and
				  procedures by the food and drug administration are exempt from further
				  inspection by the board until any subsequent inspection results in a less than
				  satisfactory rating or until two or more years have passed since the last full
				  inspection by the food and drug administration. Less than satisfactory ratings
				  may include documentation of deficiencies in any drug distribution,
				  repackaging, labeling, quality control, or environmental policies. Deficiencies
				  include any statement which is a part of a compliance report recorded by
				  federal inspection with or without sanctions, penalties, fines, or discipline
				  imposed.
General Authority:
SDCL
					 36-11A-14(14).
Law Implemented:
SDCL
					 36-11A-7,
					 36-11A-16.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:67 - DRUG DISTRIBUTORS › Chapter 20:67:06 - Inspections › Section 20:67:06:03 - Out-of-state wholesale and other drug distributor exemption

Current through Register Vol. 51, page 10, July 15, 2024
The board may exempt from inspection any out-of-state
				  wholesale drug distributor pursuant to §
									20:67:06:02 on demonstration of a
				  satisfactory rating on an equivalent inspection conducted by the licensing
				  agency of the state where the distributor is located or other inspection agency
				  recognized by the board.
General Authority:
SDCL
					 36-11A-14(14).
Law Implemented:
SDCL
					 36-11A-7,
					 36-11A-11,
					 36-11A-16,
					 36-11A-29.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:67 - DRUG DISTRIBUTORS › Chapter 20:67:07 - Due process › Section 20:67:07:01 - Designation of registered agent

Current through Register Vol. 51, page 10, July 15, 2024
Out-of-state drug distributors shall designate a resident
				  agent in this state for service of process. If an agent is not designated, the
				  secretary of state of this state shall be considered to be its true and lawful
				  agent, upon whom may be served all legal process in any action or proceeding
				  against the out-of-state drug distributor. A copy of any service of process
				  shall be mailed by certified mail, return receipt requested, postage prepaid,
				  at the address the out-of-state wholesale drug distributor has designated on
				  its application for licensure. If any out-of-state wholesale drug distributor
				  is not licensed in this state, service on the secretary of state is sufficient
				  service.
General Authority:
SDCL
					 36-11A-14(15).
Law Implemented:
SDCL
					 36-11A-7,
					 36-11A-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:67 - DRUG DISTRIBUTORS › Chapter 20:67:08 › Section 20:67:08:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-11A-14(16).
Law Implemented:
SDCL
					 36-11A-7,
					 36-11A-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:67 - DRUG DISTRIBUTORS › Chapter 20:67:08 › Section 20:67:08:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-11A-14(16).
Law Implemented:
SDCL
					 36-11A-7,
					 36-11A-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:67 - DRUG DISTRIBUTORS › Chapter 20:67:08 › Section 20:67:08:03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-11A-14(16).
Law Implemented:
SDCL
					 36-11A-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:67 - DRUG DISTRIBUTORS › Chapter 20:67:08 › Section 20:67:08:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-11A-14(16).
Law Implemented:
SDCL
					 36-11A-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:67 - DRUG DISTRIBUTORS › Chapter 20:67:08 › Section 20:67:08:05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-11A-14(16).
Law Implemented:
SDCL
					 36-11A-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:67 - DRUG DISTRIBUTORS › Chapter 20:67:08 › Section 20:67:08:06

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-11A-14(16).
Law Implemented:
SDCL
					 36-11A-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:01 - Licensing requirements › Section 20:68:01:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-26.
Law Implemented:
SDCL
					 36-32-2,
					 36-32-13.
The CACREP office is located at 1001 N. Fairfax Street,
					 Suite 510, Alexandria, VA 22314, and
www.cacrep.org
, or by calling
					 703-535-5990.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:01 - Licensing requirements › Section 20:68:01:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-26.
Law Implemented:
SDCL
					 36-32-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:01 - Licensing requirements › Section 20:68:01:02.01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-26.
Law Implemented:
SDCL
					 36-32-2,
					 36-32-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:01 - Licensing requirements › Section 20:68:01:04 - Licensure by reciprocity

Current through Register Vol. 51, page 10, July 15, 2024
The applicant for licensure by reciprocity must hold an
				  active professional counselor license and be in good standing with the state's
				  board that issued the current license. Applications may be secured from the
				  board. Completed applications shall be accompanied by the fee required by
				  §
									20:68:02:03.
General Authority:
SDCL
					 36-32-26.
Law Implemented:
SDCL
					 36-32-13,
					 36-32-16.
Declaratory Ruling:
South Dakota Board of
					 Counselor Examiners rules and declares that an applicant for licensure by
					 reciprocity pursuant to SDCL
					 36-32-16 and ARSD 20:68:01:04, is
					 eligible for license by reciprocity when the applicant is licensed under the
					 laws of a state or territory of the United States, and the applicant
					 substantially meets the requirements of SDCL 36-32, even though the state under
					 which the applicant is licensed may have allowed the applicant to obtain
					 licensure based on requirements that are less than substantially the same
					 requirements imposed by SDCL 36-32. Dated: September 25,
					 2006.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:01 - Licensing requirements › Section 20:68:01:05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-26.
Law Implemented:
SDCL
					 36-32-13,
					 36-32-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:01 - Licensing requirements › Section 20:68:01:06 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL chapter 36-32 have the same meaning
				  when used in this article.
General Authority:
SDCL
					 36-32-47.
Law Implemented:
SDCL
					 36-32-47.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:01 - Licensing requirements › Section 20:68:01:07 - Application requirements

Current through Register Vol. 51, page 10, July 15, 2024
An application for a license, temporary license, renewal of
				  license, inactive license, or reactivated license must be made in writing on a
				  form prescribed by the board. The applicable application fee and license fee
				  must be submitted with the application. The application fee is non-refundable.
				  The licensee fee is refundable if the application is withdrawn or
				  denied.
An applicant shall verify under the penalties of perjury that
				  all the information submitted on an application is true and correct. An
				  applicant who submits an application electronically agrees the submission of
				  the application serves as the applicants signature and verification of the
				  information on the application. The applicant may be required to clarify,
				  expand or provide additional information.
An application is not complete until the required
				  documentation and fees are received by the board. The board may return an
				  application that remains incomplete one year after the initial submission of
				  the application. Materials received by the board from a third party may not be
				  returned to the applicant. A returned application shall be considered
				  withdrawn.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-64,
					 36-32-67,
					 36-32-68,
					 36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:01 - Licensing requirements › Section 20:68:01:08 - Application denial

Current through Register Vol. 51, page 10, July 15, 2024
An application may be denied for failure to meet the
				  applicable licensure requirements or based on the grounds outlined in SDCL
				  36-32-83. The board shall inform
				  the applicant, in writing, of its reasons for denial. An applicant whose
				  application is denied is entitled to a hearing pursuant to SDCL chapter
				  1-26.
General Authority:
SDCL
					 36-32-64,
					 36-32-67,
					 36-32-68,
					 36-32-75,
					 36-32-75.
Law Implemented:
SDCL
					 36-32-64,
					 36-32-67,
					 36-32-68,
					 36-32-75,
					 36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:01 - Licensing requirements › Section 20:68:01:09 - Application for post graduate plan of supervision - professional counselor

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a post graduate plan of supervision shall
				  submit to the board:
(1) A completed
				application and the application fee;
(2) Official educational transcript from an
				accredited counseling program recognized by the board demonstrating a masters
				or doctoral degree in counseling consisting of at least 48 credit
				hours;
(3) Official verification of
				a passing score on the National Counselor Examination administered by the
				National Board for Certified Counselors;
(4) Verification of the license number and
				status of the license from the applicable licensing board in each state where
				the applicant has been licensed to practice counseling, if
				applicable;
(5) The name and
				contact information of the applicants proposed supervisor;
(6) A statement of any criminal record, if
				applicable;
(7) A statement of any
				previous discipline, including denial, reprimand, revocation, or suspension of
				a previously held license; and
(8)
				A recent photograph.
A post graduate plan of supervision must be approved by the
				  board prior to the applicant acquiring the supervision experience necessary to
				  meet the licensure requirements of SDCL
				  36-32-64.
An application for a post graduate plan of supervision is
				  required for each proposed supervisor. The application fee is waived for
				  additional proposed supervisor applications submitted under this
				  section.
A board approved post graduate plan of supervision is valid
				  for two years from the date of issuance. An approved post graduate plan of
				  supervision may be renewed one time. An application to renew a post graduate
				  plan of supervision shall be submitted at least 30 days before the expiration
				  of the approved post graduate plan of supervision.
The board may grant an extension of an approved post graduate
				  plan of supervision, if a request is in writing to the board by the supervisee,
				  upon a showing of extenuating circumstances or undue hardship. A request for an
				  extension must be made prior to the expiration of the approved post graduate
				  plan of supervision.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-64.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:01 - Licensing requirements › Section 20:68:01:10 - Application for licensed professional counselor

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a license to practice as a professional
				  counselor shall submit to the board:
(1) A completed application;
(2) The applicable license fee;
(3) Official educational transcript from an
				accredited counseling program recognized by the boar demonstrating a masters or
				doctoral degree in counseling consisting of at least 48 credit hours;
(4) Official verification of a passing score
				on the National Counselor Examination administered by the National Board for
				Certified Counselors;
(5)
				Documentation of 2,000 hours of board approved supervision, as prescribed in
				this article, obtained subsequent to the granting of the applicants degree in
				counseling;
(6) Verification of the
				license number and status of the license from the applicable licensing board in
				each state where the applicant has been licensed to practice counseling, if
				applicable;
(7) A statement of
				criminal record, if applicable;
(8)
				A statement of any previous discipline, including denial, reprimand,
				revocation, or suspension of a previously held license; and
(9) A recent photograph.
General Authority:
36-32-55, 36-32-56.
Law Implemented:
SDCL
					 36-32-64.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:01 - Licensing requirements › Section 20:68:01:11 - Application for professional counselor by endorsement - applicant licensed in another state

Current through Register Vol. 51, page 10, July 15, 2024
An applicant licensed in another state for a minimum of
				  three continuous years may apply for a license to practice counseling by
				  submitting to the board:
(1) A
				completed application and the application fee;
(2) The applicable license fee;
(3) Official verification of a passing score
				on the National Counselor Examination administered by the National Board for
				Certified Counselors;
(4)
				Verification of a current license to practice counseling, in good standing,
				issued by another state licensing board for a continuous period of at least
				three years immediately preceding the application;
(5) Verification of an active practice, as
				defined in SDCL
				36-32-67, during the three-year
				period immediately preceding the application;
(6) A statement of any criminal record, if
				applicable;
(7) A statement of any
				previous discipline, including denial, reprimand, revocation, or suspension of
				a previously held license; and
(8)
				A recent photograph.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 6-32-67.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:01 - Licensing requirements › Section 20:68:01:12 - Application for temporary license - applicant licensed in another state

Current through Register Vol. 51, page 10, July 15, 2024
An applicant licensed in another state for a minimum of
				  three continuous years may apply for a temporary license to practice counseling
				  by submitting to the board:
(1) A
				completed application and the application fee;
(2) The applicable license fee;
(3) Verification of a current license to
				practice counseling, in good standing, issued by another state licensing board
				for a continuous period of at least three years immediately preceding the
				application;
(4) Verification of an
				active practice, as defined in SDCL
				36-32-67, during the three-year
				period immediately preceding the application;
(5) A statement of any criminal record, if
				applicable;
(6) A statement of any
				previous discipline, including denial, reprimand, revocation, or suspension of
				a previously held license; and
(7)
				A recent photograph.
A temporary license automatically expires ninety days after
				  the date of issuance or upon passage of the National Counselors Examination
				  administered by the National Board for Certified Counselors. A temporary
				  license may be renewed one time.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-67.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:01 - Licensing requirements › Section 20:68:01:13 - Application to reinstate an expired license

Current through Register Vol. 51, page 10, July 15, 2024
An expired license may be reactivated, as prescribed by SDCL
				  36-32-75, by submitting to the
				  board:
(1) A completed application and
				the applicable license fees;
(2)
				Proof of qualified continuing education for the period of expiration;
				and
(3) Official verification of a
				passing score on the National Counselors Examination administered by the
				National Board for Certified Counselors after the date the original license
				expired.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:02 - Fees › Section 20:68:02:01 - Remittance of fees

Current through Register Vol. 51, page 10, July 15, 2024
Application fees shall be remitted to the board in the form
				  prescribed by the board payable to the state of South Dakota. The board may
				  take no action on any application until the fee is received.
General Authority:
SDCL
					 36-32-92.
Law Implemented:
SDCL
					 36-32-64,
					 36-32-67,
					 36-32-68,
					 36-32-74,
					 36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:02 - Fees › Section 20:68:02:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-26.
Law Implemented:
SDCL
					 36-32-20,
					 36-32-26.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:02 - Fees › Section 20:68:02:03 - Fee schedule

Current through Register Vol. 51, page 10, July 15, 2024
The fees applicable under this chapter are nonrefundable.
				  The fee schedule is as follows:
(1)
				Application fee, $100;
(2) Biennial
				license fee, $225;
(3) Temporary
				license fee; $50;
(4) Inactive
				license fee; $25.
General Authority:
SDCL
					 36-32-92.
Law Implemented:
SDCL
					 36-32-64,
					 36-32-67,
					 36-32-68,
					 36-32-74,
					 36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:02 - Fees › Section 20:68:02:04 - No reimbursement before expiration of license

Current through Register Vol. 51, page 10, July 15, 2024
A licensed professional counselor who applies for a licensed
				  professional counselor-mental health license prior to the expiration of the
				  license presently held may not be reimbursed for any fees
				  paid.
General Authority:
SDCL
					 36-32-56.
Law Implemented:
SDCL
					 36-32-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:02 - Fees › Section 20:68:02:05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-26.
Law Implemented:
SDCL
					 36-32-13,
					 36-32-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:03 - Academic requirements and approved programs › Section 20:68:03:01 - Academic requirements

Current through Register Vol. 51, page 10, July 15, 2024
Academic requirements to become a professional counselor
				  must be completed at a university or college accredited by one of the
				  following:
(1) Higher Learning
				Commission;
(2) Middle States
				Commission on Higher Education;
(3)
				New England State Association of Schools and Colleges Commission on
				Institutions of Higher Education;
(4) Northwest Commission on Colleges and
				Universities;
(5) Southern
				Association of Colleges and Schools Commission on Colleges; or
(6) Western Association of Schools and
				Colleges. The applicant's postgraduate degree in counseling must be at least a
				48 credit hour master's degree or doctoral degree.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-64.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:03 - Academic requirements and approved programs › Section 20:68:03:05 - Post degree completion of academic requirements for licensure professional counselor

Current through Register Vol. 51, page 10, July 15, 2024
An applicant whose graduate degree in counseling is based on
				  less than 48 approved credit hours, who did not complete the necessary
				  supervised professional practicum as part of the degree program, or who did not
				  complete coursework in the areas prescribed by SDCL
				  36-32-64 may complete the missing
				  academic requirements if:
(1) No more
				than 12 semester credits are completed post degree for purposes of meeting the
				academic requirements of SDCL
				36-32-64;
(2) All necessary academic requirements are
				completed through an approved university or college that meets the requirements
				of this chapter; and
(3) All
				necessary academic requirements are taken and passed for credit.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-64.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:03 - Academic requirements and approved programs › Section 20:68:03:06 - Credit hour equivalency

Current through Register Vol. 51, page 10, July 15, 2024
For purposes of this article, 48 semester credit hours equal
				  72 quarter credit hours.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-64.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:04 - Supervision › Section 20:68:04:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-26.
Law Implemented:
SDCL
					 36-32-13(6),
					 36-32-26.
ACA Code of Ethics
, 2005 edition, American
					 Counseling Association. Free copies may be obtained by writing to ACA
					 Distribution Center, P.O. Box 791019, Baltimore, MD 21279-1019, by contacting
					 ACA at 800-422-2648 x 222, or online at
					 www.counseling.org.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:04 - Supervision › Section 20:68:04:01.01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-26.
Law Implemented:
SDCL
					 36-32-13(6),
					 36-32-26.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:04 - Supervision › Section 20:68:04:01.02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-26.
Law Implemented:
SDCL
					 36-32-13(6),
					 36-32-26.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:04 - Supervision › Section 20:68:04:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-26.
Law Implemented:
SDCL
					 36-32-13(6),
					 36-32-26.
ACA Code of Ethics,
2005 edition, American
					 Counseling Association. Free copies may be obtained by writing to ACA
					 Distribution Center, P.O. Box 791019, Baltimore, MD 21279-1019, by contacting
					 ACA at 800-422-2648 x 222, or online at
www.counseling.org
.
AAMFT Code of Ethics
, 2001 edition, American
					 Association for Marriage and Family Therapy. Free copies may be obtained from
					 the American Association of Marriage and Family Therapy, 112 S. Alfred Street,
					 Alexandria, VA 22314, 703-838-9808,
www.aamft.org
.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:04 - Supervision › Section 20:68:04:03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-26.
Law Implemented:
SDCL
					 36-32-13(6),
					 36-32-26.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:04 - Supervision › Section 20:68:04:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-26.
Law Implemented:
SDCL
					 36-32-13(6),
					 36-32-26.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:04 - Supervision › Section 20:68:04:05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-26.
Law Implemented:
SDCL
					 36-32-13(6),
					 36-32-26.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:04 - Supervision › Section 20:68:04:06

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-26.
Law Implemented:
SDCL
					 36-32-13(6),
					 36-32-26.
ACA Code of Ethics, 2014 edition, American Counseling
					 Association. Copies may be obtained by writing to ACA, 5999 Stevenson Ave.,
					 Alexandria, VA 22304, calling 800-347-6647, or online at
www.counseling.org
.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:04 - Supervision › Section 20:68:04:07

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-26.
Law Implemented:
SDCL
					 36-32-13(6),
					 36-32-26.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:04 - Supervision › Section 20:68:04:08 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Contact hour," a continuous period of
				time spent with a client. A contact hour may be accumulated in increments of 15
				or 20 minutes. One contact hour equals at least 50 total minutes of time spent
				with a client;
(2) "Counseling
				related activity," preparation of case notes, research, consulting with peers,
				counseling continuing education, or other like activities. Counseling related
				activity does not include administrative tasks;
(3) "Direct client contact," synchronous
				contact with a client;
(4) "In
				person," physically present in the same location and the same time;
(5) "Supervisee," an applicant for licensure
				as a professional counselor who is acquiring necessary post graduate
				supervision hours for licensure under a board approved post graduate plan of
				supervision;
(6) "Supervisor," an
				approved licensee who meets the requirements of this chapter and has been
				approved by the board to provide post graduate supervision to an approved
				supervisee;
(7) "Synchronous,"
				interaction between an individual or group of people using what is seen and
				heard in person to communicate in real time.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-64.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:04 - Supervision › Section 20:68:04:09 - Supervisor qualifications

Current through Register Vol. 51, page 10, July 15, 2024
An approved supervisor must be licensed in South Dakota by
				  the applicable state licensing board and be:
(1) Licensed by the board and be credentialed
				as an Approved Clinical Supervisor by the Center for Credentialing &
				Education, Inc. and recognized by the National Board for Certified Counselors,
				Inc. and Affiliates;
(2) Licensed
				as a professional counselor, professional counselor-mental health, marriage and
				family therapist, certified social worker-private independent practice,
				psychologist, or psychiatrist, in good standing with the applicable state
				licensing board, who has been actively licensed for at least two years prior to
				the beginning of supervision and proof of at least four hours of qualified
				continuing education, pursuant to chapter 20:68:07, focused on supervision
				within two years prior to the date of application;
(3) Licensed as a professional counselor,
				professional counselor-mental health, marriage and family therapist, certified
				social worker-private independent practice, psychologist, or psychiatrist, in
				good standing with the applicable state licensing board, who has been actively
				licensed for at least one year prior to the beginning of supervision and proof
				of at least 15 hours of qualified continuing education, pursuant to chapter
				20:68:07, focused on supervision, within two years prior to the date of
				application; or
(4) Licensed by the
				board and an American Association for Marriage and Family Therapy approved
				clinical supervisor.
Approval as a supervisor is automatically revoked if the
				  approved supervisor ceases to meet the qualification on which approval as a
				  supervisor was granted or if the supervisor is subject to disciplinary action
				  by the applicable state licensing board.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-64.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:04 - Supervision › Section 20:68:04:10 - Post graduate supervision requirements - professional counselor

Current through Register Vol. 51, page 10, July 15, 2024
Post graduate supervision required for licensure as a
				  professional counselor, as prescribed by SDCL
				  36-32-65, must take place pursuant
				  to a board approved plan of supervision and consist of the following:
(1) A minimum of 1,000 hours of direct client
				contact. No more than 400 direct client contact hours may be acquired by
				counseling provided through electronic means, as prescribed by chapter
				20:68:06. All other direct client contact hours must be acquired
				in-person;
(2) A minimum of 100
				hours of supervision with a board approved supervisor. At least one hour of
				supervision must take place for every 20 hours of direct client contact by the
				supervisee. Supervision may be individual or with a group. For the purpose of
				this chapter, individual supervision is supervision between a supervisor and up
				to two supervisees. Group supervision is supervision between a supervisor and
				three or more supervisees. No more than 50 hours of the required supervision
				may be group supervision.
Supervision must include at least five hours of each of the
				  following supervision methods:
(a)
				Presentation and staffing of cases;
(b) Direct observations of the supervisee
				through in person or recorded sessions;
(c) Co-counseling with the supervisee;
				and
(d) Review of supervisee
				recordkeeping; and
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:04 - Supervision › Section 20:68:04:11 - Recognition of supervision by a South Dakota licensing board - professional counselor

Current through Register Vol. 51, page 10, July 15, 2024
The board may recognize direct client contact hours acquired
				  pursuant to supervision approved and overseen by another South Dakota licensing
				  board. Such hours must meet the definition of the practice of counseling, as
				  prescribed by SDCL
				  36-32-47, and must be documented
				  as prescribed by this chapter.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-64.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:04 - Supervision › Section 20:68:04:12 - Supervisor application

Current through Register Vol. 51, page 10, July 15, 2024
An applicant seeking approval as a supervisor shall submit
				  to the board:
(1) A completed
				application;
(2) Verification of
				qualification(s), as prescribed by this chapter, to be an approved
				supervisor;
(3) Verification of
				licensure, in good standing, by the applicable South Dakota state licensing
				board;
(4) A statement of any
				criminal record, if applicable;
(5)
				A statement of any previous discipline, including denial, reprimand,
				revocation, or suspension of a previously held license; and
(6) A recent photograph.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-64.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:04 - Supervision › Section 20:68:04:13 - Renewal of approved supervisor status

Current through Register Vol. 51, page 10, July 15, 2024
Approval as a supervisor is valid from the date of approval
				  though November 30 of the next even-numbered year and is subject to renewal. An
				  approved supervisor may renew status as an approved supervisor by submitting to
				  the board a completed application and proof of at least four hours of qualified
				  continuing education, pursuant to chapter 20:68:07, focused on supervision,
				  acquired during the current continuing education cycle.
Failure to renew approval as a supervisor by November 30 of
				  an even-numbered year automatically expires the approval and any post graduate
				  plan of supervision authorized with the supervisor. A previously approved
				  supervisor may be reinstated as an approved supervisor upon submission of an
				  application and verification of qualifications, pursuant to this chapter, as of
				  the date of the application.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-64.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:04 - Supervision › Section 20:68:04:14 - Supervisor duties

Current through Register Vol. 51, page 10, July 15, 2024
An approved supervisor is responsible for the meaningful
				  supervision of a supervisee through an intensive, interpersonal, and focused
				  relationship to facilitate the development of the supervisee during a period of
				  post graduate supervision. An approved supervisor is responsible for
				  ensuring:
(1) Client welfare is
				protected;
(2) The supervisee
				functions within the limits of the supervisee's competence;
(3) The supervision occurs in activities
				relevant to the supervisee's position and academic background;
(4) The supervision is designed to expand and
				improve skills in areas for which the supervisee has academic background but
				inadequate training;
(5) The
				supervision covers theoretical approaches in the following areas:
(a) Counseling psychotherapy
				techniques;
(b) Appraisal,
				evaluation, and diagnostic procedures;
(c) Treatment planning and
				implementation;
(d) Case management
				and record keeping;
(e)
				Professional identity and function; and
(f) Professional ethics and standards of
				practice; and
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:04 - Supervision › Section 20:68:04:15 - Multiple supervisors

Current through Register Vol. 51, page 10, July 15, 2024
A supervisee may have more than one approved supervisor.
				  Each supervisor is responsible for the supervision of the supervisee during the
				  time an approved post graduate plan of supervision with the supervisor is in
				  effect. The frequency of supervision requirements prescribed by §
									20:68:04:10(2)
				  may be met by one supervisor for any given period, if the supervisee has
				  multiple supervisors.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-64.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:04 - Supervision › Section 20:68:04:16 - Completion or termination of post graduate plan of supervision

Current through Register Vol. 51, page 10, July 15, 2024
An approved supervisor shall notify the board, in writing, of
				  the completion or termination of an approved post graduate plan of supervision
				  within 14 days of the completion or termination. The approved supervisor shall
				  provide the supervisee with a completed verification of supervision hours, if
				  applicable, within 14 days of the completion or termination of the post
				  graduate plan of supervision.
A post graduate plan of supervision automatically terminates
				  upon the issuance of a professional counselor license pursuant to SDCL
				  36-32-64.
General Authority:
SDCL
					 36-32-56.
Law Implemented:
SDCL
					 36-32-64.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:05 - Examinations › Section 20:68:05:01 - Examinations

Current through Register Vol. 51, page 10, July 15, 2024
The National Counselor Examination (NCE) or the Counselor
				  Rehabilitation Certification Examination (CRC) is the examination required for
				  licensure as a professional counselor. The applicant shall apply directly to
				  the National Board for Certified Counselors or the Commission on Rehabilitation
				  Counselor Certification.
General Authority:
SDCL
					 36-32-56.
Law Implemented:
SDCL
					 36-32-64.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:06 - Counseling through electronic means › Section 20:68:06:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Electronic means," any technology used
				to provide or receive counseling services; and
(2) "HIPAA," the Health Insurance Portability
				and Accountability Act of 1996, amended January 1, 2020.
General Authority:
SDCL
					 36-32-55; 36-32-56.
Law Implemented:
SDCL
					 36-32-91.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:06 - Counseling through electronic means › Section 20:68:06:02 - Standards for counseling through electronic means

Current through Register Vol. 51, page 10, July 15, 2024
Counseling provided through electronic means shall adhere to
				  the requirements of this article, HIPAA regulations, and the ethical
				  requirements of chapter 20:68:08. Failure to adhere to these regulations and
				  requirements may be considered unprofessional conduct by the board subject to
				  discipline.
General Authority:
SDCL
					 36-32-55; 36-32-56.
Law Implemented:
SDCL
					 36-32-91
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-23,
					 36-32-26,
					 36-32-43,
					 36-33-14.
Law Implemented:
SDCL
					 36-32-23,
					 36-32-43,
					 36-33-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-23,
					 36-32-26,
					 36-32-43,
					 36-33-14.
Law Implemented:
SDCL
					 36-32-23,
					 36-32-43,
					 36-33-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-23,
					 36-32-26,
					 36-32-43,
					 36-33-14.
Law Implemented:
SDCL
					 36-32-23,
					 36-32-43,
					 36-33-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-23,
					 36-32-26,
					 36-32-43,
					 36-33-14.
Law Implemented:
SDCL
					 36-32-23,
					 36-32-43,
					 36-33-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-23,
					 36-32-26,
					 36-32-43,
					 36-33-14.
Law Implemented:
SDCL
					 36-32-23,
					 36-32-43,
					 36-33-14.
Waiver of continuing education requirements -- Inactive
					 status, § 20:68:07:15.