South Dakota Administrative Code

Rule 20:69:15:02 Insurance required. 20:69:15:02. Insurance required. An applicant for issuance of a license on active status, a licensee renewing a license, or an inactive licensee activating a license must submit proof of insurance coverage through the group plan or through cer…

Rule 20:69:15:03 Minimum standards. 20:69:15:03. Minimum standards. The group policy obtained by the commission shall cover all activities contemplated by SDCL Chapter 36-21A and shall provide, at a minimum, the following terms and conditions: (1) Not less than $100,000 single-li…

Rule 20:69:15:04 Exceptions to coverage. 20:69:15:04. Exceptions to coverage. Except as provided in this section, coverage may not exclude claims brought against the insured licensee arising out of an act or failure to act by the licensee when performing a professional service fo…

Rule 20:69:15:05 Group policy approval requirements. 20:69:15:05. Group policy approval requirements. Any group policy to be issued must conform to the standards and practices of the insurance industry and be approved by the South Dakota Division of Insurance. Source: 20 SDR 18, …

Rule 20:69:15:06 Optional coverage. 20:69:15:06. Optional coverage. An active licensee who chooses the option of obtaining errors and omissions insurance independently from a provider other than the group carrier under contract with the commission must show evidence of coverage b…

Rule 20:69:15:06.01 Standards for optional coverage. 20:69:15:06.01. Standards for optional coverage. A provider issuing insurance coverage pursuant to SDCL 36-21A-122 must be an admitted carrier in South Dakota or in the state in which the licensee being certified resides. All a…

Rule 20:69:15:07 Time for filing of certification of optional coverage. 20:69:15:07. Time for filing of certification of optional coverage. Certification of optional coverage must be filed with the commission by 5:00 p.m. on the date of expiration of coverage. If the certificatio…

Rule 20:69:15:08 Nonpayment of premium. 20:69:15:08. Nonpayment of premium. If a certifying insurance company which submitted certification of optional coverage notifies the commission that a licensee has not paid a premium, the commission shall place that licensee's license on i…

Rule 20:69:15:08.01 Surrender of license for failure to provide proof of insurance. 20:69:15:08.01. Surrender of license for failure to provide proof of insurance. When a licensee receives notice of being placed on inactive status for failure to provide proof of insurance, the li…

Rule 20:69:15:09 Notification required for cancellation. 20:69:15:09. Notification required for cancellation. If insurance under equivalent coverage is to be lapsed or nonrenewed, the providing company must notify the Real Estate Commission of its intent to lapse or nonrenew a mi…

Rule 20:69:15:10 Proof of insurance required to activate license. 20:69:15:10. Proof of insurance required to reactivate license. A licensee whose license has been placed on inactive status for failure to provide proof of insurance may not conduct any activities for which a licen…

Rule 20:69:15:11 Authenticity of coverage. 20:69:15:11. Authenticity of coverage. A licensee may not willfully or knowingly cause or allow a certificate of coverage to be filed with the commission which is false, fraudulent, or misleading. Source: 20 SDR 18, effective August 16, …

Rule 20:69:16:01 Disclosure. CHAPTER 20:69:16 20:69:16:01. Disclosure -- Generally. Disclosures must be made on a form substantially the same as the real estate relationships disclosure form prescribed by the commission. The form shall contain the requirements imposed by SDCL 36-…

Rule 20:69:16:02 Repealed. 20:69:16:02. Open houses.Repealed. Source: 16 SDR 36, effective August 29, 1989; transferred from § 20:56:04:12.02, 20 SDR 18, effective August 16, 1993; transferred from § 20:69:03:18, 21 SDR 125, effective January 23, 1995; repealed, 25 SDR 90, effect…

Rule 20:69:16:03 Appointed agent procedure. CHAPTER 20:69:16 20:69:16:03. Appointed agent procedure. Prior to entering into a listing or agency agreement, a real estate licensee shall notify a client in writing of the real estate brokerage's appointed agent policy and those affil…

Rule 20:69:16:04 Appointed agent disclosure. CHAPTER 20:69:16 20:69:16:04. Appointed agent disclosure. The appointed agent disclosure shall include, at a minimum, the following provisions: (1) The name of any appointed agent; (2) A statement that the appointed agent will represen…

Rule 20:69:16:05 Appointed agent responsibilities. CHAPTER 20:69:16 20:69:16:05. Appointed agent responsibilities. An appointed agent may disclose to the brokerage's responsible broker or designated broker confidential information of a client for the purpose of seeking advice or …

Rule 20:69:16:06 Designated broker. CHAPTER 20:69:16 20:69:16:06. Designated broker. A responsible broker may authorize and appoint a designated broker in a capacity to supervise and assist a licensee appointed to exclusively represent a seller or landlord in a transaction. A res…

Rule 20:69:16:07 Licensee's duty to responsible broker or designated broker. CHAPTER 20:69:16 20:69:16:07. Licensee's duty to responsible broker or designated broker. A licensee shall keep the brokerage's responsible broker or designated broker fully informed of any activity cond…

Rule 20:69:16:08 Responsible broker or designated broker may appoint broker or broker associate to exclusively represent client. CHAPTER 20:69:16 20:69:16:08. Responsible broker or designated broker may appoint broker or broker associate to exclusively represent client. A respons…

Rule 20:69:16:09 Responsible broker or designated broker appointing team to exclusively represent client -- Licensee within team representing both parties to same transaction. CHAPTER 20:69:16 20:69:16:09. Responsible broker or designated broker appointing team to exclusively rep…

Rule 20:69:16:10 Limited agency when appointed agent's client becomes interested in listing procured by responsible broker or designated broker. CHAPTER 20:69:16 20:69:16:10. Limited agency when appointed agent's client becomes interested in listing procured by responsible broker…

Rule 20:69:17:01 Agreements for brokerage services. CHAPTER 20:69:17 20:69:17:01. Agreements for brokerage services. Agreements to perform real estate brokerage services must be on forms substantially the same as the forms prescribed by the commission. The forms must comply with …

Rule 20:69:18:01 Team list required. 20:69:18:01. Team list required. A team leader shall provide a current list of all licensed team members, and any changes to the list of licensed team members, to the responsible broker within 72 hours of making the change. A current record of…

Rule 20:70:01:01 Fees. 20:70:01:01. Fees. The initial fee for a license to practice respiratory care is $75. The biennial fee for renewal of a license is $60. The fee for the late renewal of a license is $95. The fee for a temporary permit is $40. Source: 22 SDR 61, effective Nov…

Rule 20:70:02:01 Continuing education. 20:70:02:01. Continuing education. As a condition of license renewal, respiratory care practitioners must complete at least 20 credit hours of continuing education biennially from a program sponsored by the American Association for Respirato…

Rule 20:70:03:01 Ethics 20:70:03:01. Ethics. A licensee under SDCL chapter 36-4C shall comply with the following code of ethics. ● Demonstrate behavior that reflects integrity, supports objectivity, and fosters trust in the profession and its professionals. ● Seek educational opp…

Rule 20:70:03:02 Violations. 20:70:03:02. Violations. A violation of any of the ethical standards and conduct is considered unprofessional conduct as defined by SDCL 36-4C-15. Source: 41 SDR 180, effective May 21, 2015. General Authority: SDCL 36-4C-14. Law Implemented: SDCL 36-4…

Rule 20:70:03:03 Ethical considerations. 20:70:03:03. Ethical considerations. The board may utilize the annotations and opinions included in the Statement of Ethics and Professional Conduct of the American Association for Respiratory Care as guidance in determining whether a lice…

Rule 20:71:01:01 Definitions. 20:71:01:01. Definitions. Terms defined in SDCL chapter 36-33 have the same meaning when used in this article. Source: 22 SDR 97, effective January 24, 1996; 42 SDR 97, effective January 4, 2016; 47 SDR 42, effective October 14, 2020. General Authori…

Rule 20:71:02:01 Application requirements. 20:71:02:01. Application requirements. An application for a license, temporary license, renewal of license, inactive license, or reactivated license must use the form prescribed by the board. The applicable application fee and license fe…

Rule 20:71:02:02 Repealed. 20:71:02:02. Exemptions from licensing application requirements. Repealed. Source: 22 SDR 97, effective January 24, 1996; 42 SDR 97, effective January 4, 2016.

Rule 20:71:02:03 Repealed. 20:71:02:03. Licensure by reciprocity. Repealed. Source: 42 SDR 97, effective January 4, 2016; SL 2018, ch 238, § 5, effective February 5, 2018.

Rule 20:71:02:04 Application denial. 20:71:02:04. Application denial. An application may be denied for failure to meet the applicable licensure requirements or for any reasons set forth in SDCL 36-33-61. The board shall inform the applicant, in writing, of its reasons for denial.…

Rule 20:71:02:05 Application for post graduate plan of supervision. 20:71:02:05. Application for post graduate plan of supervision. An applicant for a post graduate plan of supervision shall submit to the board: (1) A completed application and the application fee; (2) An official…

Rule 20:71:02:06 Application for licensed marriage and family therapists. 20:71:02:06. Application for licensed marriage and family therapists. An applicant for a license to practice as a marriage and family therapist shall submit to the board: (1) A completed application; (2) Th…

Rule 20:71:02:07 Application for marriage and family therapist by endorsement -- Applicant licensed in another state. 20:71:02:07. Application for marriage and family therapist by endorsement -- Applicant licensed in another state. An applicant licensed in another state for a min…

Rule 20:71:02:08 Application for temporary license -- Applicant licensed in another state. 20:71:02:08. Application for temporary license -- Applicant licensed in another state. An applicant licensed in another state for a minimum of three continuous years may apply for a tempora…

Rule 20:71:02:09 Application to reinstate an expired license. 20:71:02:09. Application to reinstate an expired license. An expired license may be reactivated, as prescribed by SDCL 36-33-53, by submitting to the board: (1) A completed application and the applicable license fee; (…

Rule 20:71:02:10 Academic requirements. 20:71:02:10. Academic requirements. Academic requirements to become a marriage and family therapist must be completed at a university or college accredited by the: (1) Higher Learning Commission; (2) Middle States Commission on Higher Educa…

Rule 20:71:02:11 Approved marriage and family therapy program. 20:71:02:11. Approved marriage and family therapy program. Academic requirements to become a marriage and family therapist must be completed through a board approved program. An approved program is: (1) A program accr…

Rule 20:71:02:12 Post degree completion of academic requirements for licensure -- Marriage and family therapist. 20:71:02:12. Post degree completion of academic requirements for licensure -- Marriage and family therapist. An applicant whose graduate degree in counseling is based …

Rule 20:71:02:13 Credit hour equivalency. 20:71:02:13. Credit hour equivalency. For purposes of this article, 48 semester credit hours equal 72 quarter credit hours. Source: 47 SDR 42, effective October 14, 2020. General Authority: SDCL 36-33-71. Law Implemented: SDCL 36-33-43.

20:71:03:01. Approved examination. The Association of Marital and Family Therapy Regulatory Board's National Examination in Marital and Family Therapy is required for licensure as a marriage and family therapist. An examination deemed equivalent to the National Examination in Mar…

Rule 20:71:04:01 Remittance of fees. 20:71:04:01. Remittance of fees. Application fees must be remitted to the board in the form prescribed by the board and payable to the state of South Dakota. The board may take no action on any application until the fee is received. Source: 22…

Rule 20:71:04:02 Fee schedule. 20:71:04:02. Fee schedule. The fees applicable under this chapter are as follows: (1) Application fee, $100; (2) Biennial license fee, $225; (3) Temporary license fee, $50; (4) Inactive license fee, $25. Source: 22 SDR 97, effective January 24, 1996…

Rule 20:71:05:00 Definitions. 20:71:05:00. Definitions. As used in this chapter: (1) "Contact hour" means 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 tim…

Rule 20:71:05:01 Supervisor qualifications. 20:71:05:01. Supervisor qualifications. An approved supervisor must be licensed as a professional counselor-mental health or a marriage and family therapist, in good standing with the applicable South Dakota state licensing board, and b…

20:71:05:02. Post graduate supervision requirements -- Marriage and family therapist. Post graduate supervision required for licensure as a marriage and family therapist, as prescribed by SDCL 36-33-43, must take place pursuant to a board approved plan of supervision and consist …

Rule 20:71:05:03 Repealed. 20:71:05:03. Responsibilities of training applicant. Repealed. Source: 25 SDR 85, effective December 22, 1998; 32 SDR 32, effective August 29, 2005; 42 SDR 97, effective January 4, 2016.