South Dakota Administrative Code

Rule 20:73:01:04 Application denial. 20:73:01:04. Application denial. An application may be denied for failure to meet the applicable licensure requirements or for any reasons set forth in SDCL 36-32-83. The board shall inform the applicant, in writing, of its reasons for denial.…

Rule 20:73:01:05 Application for post graduate plan of supervision -- Professional counselor-mental health. 20:73:01:05. Application for post graduate plan of supervision -- Professional counselor-mental health. An applicant for a post graduate plan of supervision shall submit to…

Rule 20:73:01:06 Application for licensed professional counselor-mental health. 20:73:01:06. Application for licensed professional counselor-mental health. An applicant for a license to practice as a professional counselor-mental health shall submit to the board: (1) A completed …

Rule 20:73:01:07 Application for professional counselor-mental health by endorsement -- Applicant licensed in another state. 20:73:01:07. Application for professional counselor-mental health by endorsement -- Applicant licensed in another state. An applicant licensed in another s…

Rule 20:73:01:08 Application for temporary license -- Professional counselor-mental health -- Applicant licensed in another state. 20:73:01:08. Application for temporary license -- Professional counselor-mental health -- Applicant licensed in another state. An applicant licensed …

Rule 20:73:01:09 Application to reinstate an expired license. 20:73:01:09. Application to reinstate an expired license. 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; …

Rule 20:73:02:01 Repealed. 20:73:02:01. Renewal fees. Repealed. Source: 25 SDR 85, effective December 22, 1998; 47 SDR 42, effective October 14, 2020.

Rule 20:73:02:02 Fee schedule. 20:73:02:02. 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; and (4) Inactive license fee, $25. Source: 25 SDR 85, effective December 22,…

Rule 20:73:02:03 Remittance of fees. 20:73:02:03. Remittance of fees. The application fee must 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. Source: 47 …

Rule 20:73:03:01 Academic requirements. 20:73:03:01. Academic requirements. Academic requirements to become a professional counselor-mental health must be completed at a university or college accredited by the: (1) Higher Learning Commission; (2) Middle States Commission on Highe…

Rule 20:73:03:02 Approved counseling program. 20:73:03:02. Approved counseling program. Academic requirements to become a professional counselor-mental health must be completed through a program prescribed by SDCL subdivision 36-32-65(2) at a university or college accredited purs…

Rule 20:73:03:03 Post degree completion of academic requirements for licensure -- Professional counselor-mental health. 20:73:03:03. Post degree completion of academic requirements for licensure -- Professional counselor-mental health. An applicant whose graduate degree in counse…

Rule 20:73:03:04 Credit hour equivalency. 20:73:03:04. 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 36-32-56. Law Implemented: SDCL 36-32-65.

Rule 20:73:04:01 Repealed. 20:73:04:01. Plan of supervision. Repealed. Source: 25 SDR 85, effective December 22, 1998; 30 SDR 121, effective February 17, 2004; 32 SDR 32, effective August 29, 2005; 34 SDR 73, effective September 17, 2007; 42 SDR 97, effective January 4, 2016; 47 …

Rule 20:73:04:02 Transferred. 20:73:04:02. Transferred to § 20:73:04:07.

Rule 20:73:04:03 Repealed. 20:73:04:03. Supervision requirements and methods. Repealed. Source: 25 SDR 85, effective December 22, 1998; 30 SDR 121, effective February 17, 2004; 32 SDR 32, effective August 29, 2005; 34 SDR 73, effective September 17, 2007; 42 SDR 97, effective Jan…

Rule 20:73:04:04 Repealed. 20:73:04:04. Restrictions on applying supervised hours. Repealed. Source: 32 SDR 32, effective August 29, 2005; 42 SDR 97, effective January 4, 2016; 47 SDR 42, effective October 14, 2020.

Rule 20:73:04:05 Repealed. 20:73:04:05. Supervisor application. Repealed. Source: 42 SDR 97, effective January 4, 2016; 47 SDR 42, effective October 14, 2020.

Rule 20:73:04:06 Definitions. 20:73:04:06. 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 20:73:04:07 Supervisor qualifications. 20:73:04:07. Supervisor qualifications. An approved supervisor must be licensed as a professional counselor-mental health, marriage and family therapist, certified social worker-private independent practice, psychologist, or psychiatris…

Rule 20:73:04:08 Post graduate supervision requirements -- Professional counselor-mental health. 20:73:04:08. Post graduate supervision requirements -- Professional counselor-mental health. Post graduate supervision required for licensure as a professional counselor-mental health…

20:73:04:09. Recognition of supervision by a South Dakota licensing board -- Professional counselor-mental health. The board may recognize direct client contact hours acquired pursuant to supervision approved and overseen by another South Dakota licensing board. Such hours must m…

Rule 20:73:04:10 Supervisor application. 20:73:04:10. Supervisor application. An applicant seeking to be an approved supervisor shall submit to the board: (1) A completed application; (2) Verification of qualifications, as prescribed by this chapter, to be an approved supervisor;…

Rule 20:73:04:11 Renewal of approved supervisor status. 20:73:04:11. Renewal of approved supervisor status. Approval as a supervisor is valid from the date of approval through November 30 of the next even-numbered year and is subject to renewal. An approved supervisor may renew s…

Rule 20:73:04:12 Supervisor duties. 20:73:04:12. Supervisor duties. 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 o…

Rule 20:73:04:13 Multiple supervisors. 20:73:04:13. Multiple supervisors. 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 superviso…

20:73:04:14. Completion or termination of post graduate plan of supervision. 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 …

Rule 20:73:05:01 Examination. 20:73:05:01. Examination. 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 …

Rule 20:73:06:01 Repealed. 20:73:06:01. Continuing education compliance for license renewal. Repealed. Source: 25 SDR 85, effective December 22, 1998; 47 SDR 42, effective October 14, 2020.

Rule 20:73:06:02 Definitions. 20:73:06:02. Definitions. As used in this chapter: (1) "Continuing education cycle" means 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" means a prog…

Rule 20:73:06:03 Continuing education requirements. 20:73:06:03. Continuing education requirements. A licensee shall complete 40 hours of qualified continuing education in each continuing education cycle. At least four of the continuing education hours must be on the subject of c…

Rule 20:73:06:04 Record keeping. 20:73:06:04. Record keeping. 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 …

Rule 20:73:06:05 Qualified continuing education. 20:73:06:05. Qualified continuing education. Qualified continuing education is an academic course, workshop, clinic, forum, lecture, program, seminar, or other educational activity delivered for the purpose of increasing or sustain…

Rule 20:73:06:06 Restrictions on continuing education credit. 20:73:06:06. Restrictions on continuing education credit. A licensee may not receive more than eight contact hours during a continuing education compliance period from qualified in-house programs. Source: 47 SDR 42, ef…

Rule 20:73:06:07 Approved continuing education programs. 20:73:06:07. Approved continuing education programs. The board will accept qualified continuing education programs accredited, approved, or presented by the following organizations or the organization's state affiliate: (1)…

Rule 20:73:06:08 Credit for presentations and publications. 20:73:06:08. Credit for presentations and publications. 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 c…

Rule 20:73:07:01 Ethical standards. 20:73:07:01. Ethical standards. 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 Counc…

Rule 20:73:08:01 Definitions. 20:73:08:01. Definitions. As used in this chapter: (1) "Electronic means" means any technology used to provide or receive counseling services; and (2) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, amended January 1, 2…

Rule 20:73:08:02 Standards for counseling through electronic means. 20:73:08:02. Standards for counseling through electronic means. Counseling provided through electronic means must adhere to the requirements of this article, HIPAA regulations, and the ethical requirements of cha…

Rule 20:74:01:01 Petition for declaratory ruling. 20:74:01:01. Petition for declaratory ruling. 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 com…

Rule 20:74:01:02 Commission action on petition. 20:74:01:02 Commission action on petition. 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 o…

Rule 20:74:01:03 Petition for contested case hearing. 20:74:01:03. Petition for contested case hearing. 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 hearin…

Rule 20:74:01:04 Petition for review of decision on contested case. 20:74:01:04. Petition for review of decision on contested case. 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 decisio…

Rule 20:74:02:01 Authority to take examination. 20:74:02:01. Authority to take examination. 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 …

Rule 20:74:02:02 Registering for examination. 20:74:02:02. Registering for examination. A person registering to take the home inspector examination must complete the prerequisite education before submitting the registration. Source: 27 SDR 7, effective January 1, 2001. General Au…

Rule 20:74:02:03 Administration of examination. 20:74:02:03. Administration of examination. 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 …

Rule 20:74:02:04 Passing score on licensing examination. 20:74:02:04. Passing score on licensing examination. The passing score on the examination is 75. Source: 27 SDR 7, effective January 1, 2001. General Authority:SDCL 36-21C-6(4). Law Implemented:SDCL 36-21C-6(4).

Rule 20:74:02:05 Cheating on examination. 20:74:02:05. Cheating on examination. The examination of any person who is caught cheating during an examination is void. Source: 27 SDR 7, effective January 1, 2001. General Authority:SDCL 36-21C-6(4). Law Implemented:SDCL 36-21C-6(4).

Rule 20:74:02:06 Application for registration. 20:74:02:06. Application for registration. 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 e…

Rule 20:74:02:07 Application for license. 20:74:02:07. Application for license. 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. Sou…