reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:01 - Licensing requirements › Section 20:73:01:08 - Application for temporary license - professional counselor-mental health - 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 Clinical Mental Health Counseling 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  36-32-68.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:01 - Licensing requirements › Section 20:73:01:09 - 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 Clinical Mental Health Counseling 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 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:02 - Fees › Section 20:73:02:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-32-20.
Law Implemented:
SDCL  36-32-20.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:02 - Fees › Section 20:73:02:02 - Fee schedule

Current through Register Vol. 51, page 10, July 15, 2024
The fees applicable under this chapter are as follows:
(1) Application fee, $100;
(2) Biennial license fee, $225;
(3) Temporary license fee; $50; and
(4) Inactive license fee; $25.
General Authority:
SDCL  36-32-92.
Law Implemented:
SDCL  36-32-65,  36-32-67,  36-32-68,  36-32-74,  36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:02 - Fees › Section 20:73:02:03 - Remittance of fees

Current through Register Vol. 51, page 10, July 15, 2024
The application fee 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  36-32-65,  36-32-67,  36-32-68,  36-32-74,  36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:03 - Academic requirements and approved programs › Section 20:73:03:01 - Academic requirements

Current through Register Vol. 51, page 10, July 15, 2024
Academic requirements to become a professional counselor-mental health 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 with an emphasis in mental health 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  36-32-65.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:03 - Academic requirements and approved programs › Section 20:73:03:02 - Approved counseling program

Current through Register Vol. 51, page 10, July 15, 2024
Academic requirements to become a professional counselor-mental health must be completed through a program prescribed by SDCL  36-32-65(2)  at a university or college accredited pursuant to §
									20:73:03:01.
General Authority:
SDCL  36-32-55,  36-32-56.
Law Implemented:
SDCL  36-32-65.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:03 - Academic requirements and approved programs › Section 20:73:03:03 - Post degree completion of academic requirements for licensure professional counselor-mental health

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  36-32-65 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  36-32-65;
(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  36-32-65.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:03 - Academic requirements and approved programs › Section 20:73:03:04 - 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  36-32-65.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:04 - Supervision › Section 20:73:04:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-32-43.
Law Implemented:
SDCL  36-32-42,  36-32-43.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:04 - Supervision › Section 20:73:04:02 - Supervisor qualifications (Transferred)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-32-43.
Law Implemented:
SDCL  36-32-42,  36-32-43.
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 for 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 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:04 - Supervision › Section 20:73:04:03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-32-26,  36-32-43.
Law Implemented:
SDCL  36-32-42,  36-32-43.
ACA Code of Ethics, 2014 edition. 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 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:04 - Supervision › Section 20:73:04:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-32-43,  36-32-44.
Law Implemented:
SDCL  36-32-44.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:04 - Supervision › Section 20:73:04:05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-32-26,  36-32-43.
Law Implemented:
SDCL  36-32-42,  36-32-43.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:04 - Supervision › Section 20:73:04:06 - 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) "Direct client contact," synchronous contact with a client;
(3) "In person," physically present in the same location and the same time;
(4) "Supervisee," an applicant for licensure as a professional counselor-mental health who is acquiring necessary post graduate supervision hours for licensure under a board approved post graduate plan of supervision;
(5) "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;
(6) "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  36-32-65.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:04 - Supervision › Section 20:73:04:07 - 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 as a professional counselor-mental health by the board and 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-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 20:73:06, focused on supervision within two years prior to the date of application;
(3) Licensed as a 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 20:73:06, 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  36-32-65.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:04 - Supervision › Section 20:73:04:08 - Post graduate supervision requirements - professional counselor-mental health

Current through Register Vol. 51, page 10, July 15, 2024
Post graduate supervision required for licensure as a professional counselor-mental health, as prescribed by SDCL  36-32-65, shall take place pursuant to a board approved plan of supervision and consist of the following:
(1) A minimum of 2,000 hours of direct client contact; and
(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 one or 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 may take place by electronic means, as prescribed by chapter 20:73:08 and must be synchronous.
For the purpose of this chapter, a supervisee may count a maximum of 1,000 hours of direct client contact hours and a maximum of 50 hours of supervision acquired with a board approved supervisor under a post graduate plan of supervision for a professional counselor issued pursuant to §
									20:68:01:04  if the supervisor providing supervision under the post graduate plan of supervision for a professional counselor met the qualifications of §
									20:73:04:07  at the time the supervision hours were acquired.
Direct client contact hours and supervision hours shall be recorded on a form provided by the board. For the purpose of this chapter, only hours acquired with a board approved supervisor may be deemed compliant.
General Authority:
SDCL  36-32-55,  36-32-56.
Law Implemented:
SDCL  36-32-65.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:04 - Supervision › Section 20:73:04:09 - Recognition of supervision by a South Dakota licensing board - professional counselor- mental health

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  36-32-65.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:04 - Supervision › Section 20:73:04:10 - Supervisor application

Current through Register Vol. 51, page 10, July 15, 2024
An applicant to be an approved 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  36-32-65.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:04 - Supervision › Section 20:73:04:11 - 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 20:73:06, 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  36-32-65.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:04 - Supervision › Section 20:73:04:12 - 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 limited training; and
(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 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:04 - Supervision › Section 20:73:04:13 - 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 §
									20:73:04:08(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  36-32-65.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:04 - Supervision › Section 20:73:04:14 - 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-mental health license pursuant to SDCL  36-32-65.
General Authority:
SDCL  36-32-56.
Law Implemented:
SDCL  36-32-65.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:05 - Examination › Section 20:73:05:01 - Examination

Current through Register Vol. 51, page 10, July 15, 2024
The National Clinical Mental Health Counselor Examination (NCMHCE) is the examination required to be licensed as a professional counselor -- mental health. The applicant shall apply directly to the National Board for Certified Counselors.
General Authority:
SDCL  36-32-65.
Law Implemented:
SDCL  36-32-65.
Note:
National Board for Certified Counselors, 3 Terrace Way, Suite A, Greensboro, NC 27403, 336-547-0607,
www.nbcc.org
.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:06 - Continuing education › Section 20:73:06:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-32-43.
Law Implemented:
SDCL  36-32-43.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:06 - Continuing education › Section 20:73:06:02 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Continuing education cycle," a two-year period that begins on December 1 of an even numbered year and ends on November 30 of the next even-numbered year;
(2) "In-house program," a program planned and presented by the licensee for the purpose of educating staff in the same office;
(3) "Licensee," a person licensed to practice as a professional counselor-mental health in this state.
General Authority:
SDCL  36-32-55,  36-32-56.
Law Implemented:
SDCL  36-32-72,  36-32-73,  36-32-74,  36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:06 - Continuing education › Section 20:73:06:03 - Continuing education requirements

Current through Register Vol. 51, page 10, July 15, 2024
A licensee shall complete 40 hours of qualified continuing education in each continuing education cycle. At least four of the continuing education hours shall be on the subject of counseling ethics. Continuing education required for renewal of a license shall be prorated in six month increments for a licensee granted an initial license during a continuing education cycle. Upon application for renewal, a licensee shall verify under penalties of perjury that all continuing education information provided on the application is true and correct. The licensee must supply sufficient detail to permit verification of the qualified continuing education if notified of an audit by the board.
General Authority:
SDCL  36-32-55,  36-32-56.
Law Implemented:
SDCL  36-32-72,  36-32-73,  36-32-74,  36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:06 - Continuing education › Section 20:73:06:04 - Record keeping

Current through Register Vol. 51, page 10, July 15, 2024
. The licensee shall maintain records to verify continuing education used to renew a license. A licensee shall maintain verification records in the form of a completion certificate or other documents supporting evidence of completion. These records must be maintained for four years after the date of renewal of the license.
General Authority:
SDCL  36-32-55,  36-32-56.
Law Implemented:
SDCL  36-32-72,  36-32-73,  36-32-74,  36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:06 - Continuing education › Section 20:73:06:05 - Qualified continuing education

Current through Register Vol. 51, page 10, July 15, 2024
Qualified continuing education is an academic course, workshop, clinic, forum, lecture, program seminar, or other educational activity delivered for the purpose of increasing or sustaining the proficiency of the licensee in the practice of counseling, as defined in SDCL  36-32-47(3).
An academic semester credit equals 15 continuing education hours and a quarter credit equals ten continuing education requirements hours.
No qualified continuing education may be repeated in consecutive continuing education cycles.
General Authority:
SDCL  36-32-55,  36-32-56.
Law Implemented:
SDCL  36-32-72,  36-32-73,  36-32-74,  36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:06 - Continuing education › Section 20:73:06:06 - Restrictions on continuing education credit

Current through Register Vol. 51, page 10, July 15, 2024
A licensee may not receive more than eight contact hours during a continuing education compliance period from qualified in-house programs.
General Authority:
SDCL  36-32-55,  36-32-56.
Law Implemented:
SDCL  36-32-72,  36-32-73,  36-32-74,  36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:06 - Continuing education › Section 20:73:06:07 - Approved continuing education programs

Current through Register Vol. 51, page 10, July 15, 2024
The board will accept qualified continuing education programs accredited, approved, or presented by the following organizations or the organizations state affiliate:
(1) American Association of Marriage and Family Therapists;
(2) American Association of Social Workers;
(3) American Medical Association;
(4) American Psychological Association;
(5) Commission on Rehabilitation Counselor Certification;
(6) Joint Commission for Accreditation of Health Care Organizations;
(7) National Board for Certified Counselors;
(8) South Dakota Association of Addiction and Prevention Professionals;
(9) South Dakota Board of Addiction and Prevention Professionals;
(10) South Dakota Board of Examiners for Psychologists;
(11) South Dakota Board of Social Work Examiners;
(12) South Dakota Corrections Association;
(13) South Dakota Counseling Association;
(14) South Dakota Department of Human Services;
(15) South Dakota Department of Social Services; or
(16) The state licensing board for counselors of another state.
The board may approve other qualified continuing education programs upon request. A licensee that desires approval of continuing education program may apply on a form approved by the board.
General Authority:
SDCL  36-32-55,  36-32-56.
Law Implemented:
SDCL  36-32-72,  36-32-73,  36-32-74,  36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:06 - Continuing education › Section 20:73:06:08 - Credit for presentations and publications

Current through Register Vol. 51, page 10, July 15, 2024
A licensee who has prepared an academic counseling course, a counseling in-service training workshop, or a counseling seminar or who has written as first author a counseling article accepted for publication in a recognized professional journal is allowed a maximum of ten contact hours in each compliance period for each original presentation or publication. Verification of completion of the presentation or the letter of acceptance to publish, must be maintained by the licensee consistent with the requirements of this chapter.
General Authority:
SDCL  36-32-55,  36-32-56.
Law Implemented:
SDCL  36-32-72,  36-32-73,  36-32-74,  36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:07 - Ethical standards › Section 20:73:07:01 - Ethical standards

Current through Register Vol. 51, page 10, July 15, 2024
A licensee, supervisee, or supervisor shall comply with the ethical standards as set forth in the American Counseling Association Code of Ethics, as approved by the American Counseling Association Governing Council.
General Authority:
SDCL  36-32-26.
Law Implemented:
SDCL  36-32-29(10).
ACA Code of Ethics, 2014 edition. 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 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:08 - Counseling through electronic means › Section 20:73:08:01 - 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;
(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 20:73 - LICENSED PROFESSIONAL COUNSELOR - MENTAL HEALTH › Chapter 20:73:08 - Counseling through electronic means › Section 20:73:08:02 - 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 20:73:07. 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 20:74 - HOME INSPECTORS › Chapter 20:74:01 - General rules › Section 20:74:01:01 - Petition for declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
Any person wishing the commission to issue its ruling as to the applicability to that person of a statutory provision, rule, or order of the commission may file a petition with the commission in substantially the following form:
State of South Dakota
South Dakota Real Estate Commission
Pursuant to the provisions of SDCL  1-26-15, I, (name of petitioner), of (address of petitioner), am (title or capacity of petitioner), and do hereby petition the South Dakota Real Estate Commission for its declaratory ruling in regard to the following:
1. The state statute or South Dakota Real Estate Commission rule or order in question is:
(here identify and quote the pertinent statute, rule, or order);
2. The facts and circumstances that give rise to the issue to be answered by the commission's declaratory ruling are:
3. The precise issue to be answered by the commission's declaratory ruling is:
Dated at (city and state), this _____ day of ___________ 20____.
__________________________________
(Signature of petitioner)
General Authority:
SDCL  36-21C-6(6).
Law Implemented:
SDCL  1-26-15,  36-21C-6(6).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:01 - General rules › Section 20:74:01:02 - Commission action on petition

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a petition for a declaratory ruling, the commission may request from the petitioner any other information it requires for the issuance of its ruling. Following the receipt of the petition, the commission shall issue its declaratory ruling and serve a copy of it by mail on the petitioner.
General Authority:
SDCL  36-21C-6(6).
Law Implemented:
SDCL  1-26-15,  1-26-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:01 - General rules › Section 20:74:01:03 - Petition for contested case hearing

Current through Register Vol. 51, page 10, July 15, 2024
A person aggrieved by any action of the commission taken without a hearing may, within 30 days following the date of the commission action, petition the commission for a hearing to be held at a time and place established by the commission. The hearing is a contested case.
General Authority:
SDCL  36-21C-6(6).
Law Implemented:
SDCL  1-26-16,  1-26-18.
Procedure to follow in contested cases, SDCL  1-26-16 to  1-26-29, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:01 - General rules › Section 20:74:01:04 - Petition for review of decision on contested case

Current through Register Vol. 51, page 10, July 15, 2024
Within ten days after receipt of the commission's decision, a party to the hearing may file a petition with the commission for review of its decision. The commission, in its discretion, may deny the petition, order a rehearing, or direct any other proceedings it considers appropriate. Upon rehearing or other proceedings, the commission may affirm, reverse, or modify its earlier decision. Notice of the commission's decision on the petition to review shall be served by mail on the petitioner and other affected parties.
General Authority:
SDCL  36-21C-6(6).
Law Implemented:
SDCL  1-26-18,  1-26-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:02 - Licensing and licenses › Section 20:74:02:01 - Authority to take examination

Current through Register Vol. 51, page 10, July 15, 2024
A person may not take the home inspector examination unless the person has completed the prescribed prerequisite education and registered to take the examination on a form provided by the commission.
General Authority:
SDCL  36-21C-6(4).
Law Implemented:
SDCL  36-21C-6(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:02 - Licensing and licenses › Section 20:74:02:02 - Registering for examination

Current through Register Vol. 51, page 10, July 15, 2024
A person registering to take the home inspector examination must complete the prerequisite education before submitting the registration.
General Authority:
SDCL  36-21C-6(4).
Law Implemented:
SDCL  36-21C-6(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:02 - Licensing and licenses › Section 20:74:02:03 - Administration of examination

Current through Register Vol. 51, page 10, July 15, 2024
The licensing examination shall be conducted under the supervision of the executive director of the commission. Before beginning the examination, the person must state in writing that the person has not solicited or received any information concerning the contents of the examination about to be written and during or subsequent to the examination will not disclose its contents.
General Authority:
SDCL  36-21C-6(4).
Law Implemented:
SDCL  36-21C-6(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:02 - Licensing and licenses › Section 20:74:02:04 - Passing score on licensing examination

Current through Register Vol. 51, page 10, July 15, 2024
The passing score on the examination is 75.
General Authority:
SDCL  36-21C-6(4).
Law Implemented:
SDCL  36-21C-6(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:02 - Licensing and licenses › Section 20:74:02:05 - Cheating on examination

Current through Register Vol. 51, page 10, July 15, 2024
The examination of any person who is caught cheating during an examination is void.
General Authority:
SDCL  36-21C-6(4).
Law Implemented:
SDCL  36-21C-6(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:02 - Licensing and licenses › Section 20:74:02:06 - Application for registration

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for registration by examination shall file an application with the commission on a form provided by the commission within 60 days after the date of notice of having passed the examination. The application shall be accompanied with proof that the applicant successfully completed the education within the preceding two years, and has successfully completed the examination.
General Authority:
SDCL  36-21C-6(4).
Law Implemented:
SDCL  36-21C-3,  36-21C-5,  36-21C-6(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:02 - Licensing and licenses › Section 20:74:02:07 - Application for license

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for license by examination shall file an application with the commission on a form provided by the commission within 60 days after the date of notice of having passed the examination.
General Authority:
SDCL  36-21C-6(4).
Law Implemented:
SDCL  36-21C-3,  36-21C-4,  36-21C-6(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:02 - Licensing and licenses › Section 20:74:02:08 - Application fee

Current through Register Vol. 51, page 10, July 15, 2024
The application fee for a home inspector's license or registration is $200.
General Authority:
SDCL  36-21C-6(3).
Law Implemented:
SDCL  36-21C-6(3).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:02 - Licensing and licenses › Section 20:74:02:09 - Biennial renewal fee

Current through Register Vol. 51, page 10, July 15, 2024
The biennial renewal fee for a home inspector's license or registration is $100.
General Authority:
SDCL  36-21C-6(3).
Law Implemented:
SDCL  36-21C-6(3).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:02 - Licensing and licenses › Section 20:74:02:10 - Replacement of license

Current through Register Vol. 51, page 10, July 15, 2024
If a license or registration certificate is lost, misplaced, stolen, or destroyed, the home inspector shall immediately report that fact to the commission in writing. Upon the commission's receipt of this report by the licensee, the commission may issue a duplicate of the original license. The fee for a duplicate license is $15.
General Authority:
SDCL  36-21C-6(3),  36-21C-6(4).
Law Implemented:
SDCL  36-21C-6(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:02 - Licensing and licenses › Section 20:74:02:11 - Reciprocal agreements

Current through Register Vol. 51, page 10, July 15, 2024
The commission may enter into written agreement with other states with standards equivalent to those of this state for the purpose of licensing by reciprocity.
General Authority:
SDCL  36-21C-6(4).
Law Implemented:
SDCL  36-21C-8.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:02 - Licensing and licenses › Section 20:74:02:12 - Application by reciprocity - Certificate of licensure required

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for registration or license by reciprocity shall file an application on a form provided by the commission and shall submit a certificate of licensure from the licensing agency of the applicant's state, completed within the 30 days before the application, stating that the applicant's license is in good standing and that no complaint is pending.
General Authority:
SDCL  36-21C-6(4).
Law Implemented:
SDCL  36-21C-8.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:01 - Application for approval of classroom instruction - Fee required

Current through Register Vol. 51, page 10, July 15, 2024
A course provider who wishes to provide classroom instruction to prospective home inspectors shall apply on a form provided by the commission. The application must be filed with the commission at least 30 days before the course begins and must include a fee pursuant to §
									20:74:03:30.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:01.01 - Criteria for approval of classroom instruction

Current through Register Vol. 51, page 10, July 15, 2024
The application form for approval of classroom instruction shall include the following information and enclosures:
(1) Name, address, and telephone number of the course provider;
(2) The title of the course;
(3) A complete description or copies of all materials to be distributed to the participants;
(4) The date and exact location of each presentation of the course;
(5) The duration and time of course;
(6) A comprehensive, detailed outline of the subject matter together with course objectives, the time sequence of each segment, faculty for each segment, and teaching technique used in each segment;
(7) The method of evaluation of the program;
(8) The procedure for measuring attendance; and
(9) A description of the faculty, including name, professional educational background, and practical or teaching experience. A complete resume shall be furnished.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:02 - Contents of home inspection course

Current through Register Vol. 51, page 10, July 15, 2024
The home inspection course is a general course of the principles of home inspection and must be at least 40 hours long. The commission may vary the course from time to time. The course must include the South Dakota statutes and rules regarding home inspectors.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-5(3).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:03 - Qualifications for classroom instructor

Current through Register Vol. 51, page 10, July 15, 2024
Each course provider shall file an application for approval for each classroom course and an application for each instructor. Each instructor must have at least one of the following qualifications:
(1) A bachelor's degree in the field in which the person is to teach;
(2) A valid teaching certificate or credential from South Dakota or another state authorizing the holder to teach in the field of instruction being offered;
(3) Five years of full-time experience in a professional trade or technical occupation in the applicable field; or
(4) Any combination of at least five years of full-time applicable field experience and college level education.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:03.01 - Instructors

Current through Register Vol. 51, page 10, July 15, 2024
No instructor may teach prelicensing courses unless approved, by name, by the commission. However, a guest speaker may teach designated sections of a prelicensing course pursuant to §
									20:74:03:03.02.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:03.02 - Application for approval of instructor - Guest speakers exempt

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for instructor approval shall apply on a form provided by the commission. A guest speaker is exempt from making application if requesting approval pursuant to §
									20:74:03:03.03.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:03.03 - Utilization of guest speakers - Resumeto accompany course application

Current through Register Vol. 51, page 10, July 15, 2024
A course provider may utilize guest speakers with expertise in a particular area in any approved course if an approved instructor is present at the time of the presentation. A course provider may, however, utilize a guest speaker without an approved instructor present with the prior written approval of the commission.
An application for approval of a course utilizing guest speakers must include a resume of each speaker.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:03.04 - Certificate of instructor approval - Approval certificates not issued to guest speakers

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall grant a certificate of approval for each instructor approved by the commission. A certificate of approval will not be issued to a guest speaker who makes application pursuant to §
									20:74:03:03.03.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:04 - Educational facilities

Current through Register Vol. 51, page 10, July 15, 2024
Any provider of an approved course must have the classrooms and other facilities and personnel necessary to implement the program.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:05 - Instructional techniques

Current through Register Vol. 51, page 10, July 15, 2024
Classroom courses must be presented to students through interactive instructional techniques. Interactive instruction includes providing a student the opportunity for immediate exchange with an instructor in a classroom setting and immediate assessment and remediation through computer assisted or other audio or audiovisual interactive instruction. An instructor may not provide instruction primarily by having students read text material, listen to audio tapes, watch video tapes or films, or study questions similar to those on the state licensing examinations.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:06 - Approval of classroom instruction, distance education, or independent study course

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall notify the applicant in writing of its decision to grant or deny approval prior to the anticipated date of offering the course. No applicant may accept students without the commission's approval.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:07 - Classroom hour

Current through Register Vol. 51, page 10, July 15, 2024
A classroom hour is a period of at least 50 minutes of actual classroom instruction. Additional study assignments are not counted as hours of classroom instruction.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:08 - Hours of instruction

Current through Register Vol. 51, page 10, July 15, 2024
No more than eight hours of instruction may be offered in one day.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:09 - Certificate of approval

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall grant a certificate of approval for each course approved by the commission. The certificate is valid for three years.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).