South Dakota Administrative Code

20:84:05:02. Reinstatement of lapsed registration. Repealed. Source: 43 SDR 57, effective October 20, 2016; SL 2018, ch 229, § 12, effective July 1, 2018; 48 SDR 108, effective May 4, 2022.

Rule 20:85:01:01 Definitions. 20:85:01:01. Definitions. Terms used in this article mean: (1) "Behavior analyst," a person defined in SDCL subdivision 36-38-1 (2); and (2) "Board," the Board of Social Work Examiners established in SDCL chapter 36-26. Source: 44 SDR 42, effective S…

Rule 20:85:01:02 Information required. 20:85:01:02. Information required. Any person seeking licensure shall submit a notarized application and the following information: (1) Name, address, social security number, telephone number, and date of birth of the applicant; (2) Document…

Rule 20:85:01:03 Form of fees. 20:85:01:03. Form of fees. An initial application fee or a licensure fee shall be remitted to the board in the form of a cashier's check, personal check, certified check, or money order made payable to the Board of Social Work Examiners. The board m…

Rule 20:85:01:04 Fees. 20:85:01:04. Fees. The licensure fees for a behavior analyst are: (1) An initial application fee of $350; (2) An annual licensing fee of $300. An applicant applying for the initial license shall pay the initial application fee and the annual licensing fee. …

Rule 20:85:01:05 Renewal of license -- forfeiture -- restoration. 20:85:01:05. Renewal of license -- forfeiture -- restoration. A license shall be renewed annually. The failure to renew a license by July first each year constitutes a suspension. However, a license may be restored…

Rule 20:85:01:06 No refund of license fees. 20:85:01:06. No refund of license fees. The board may not refund an initial application or annual license fee to an applicant or a licensee. Source: 44 SDR 42, effective September 11, 2017. General Authority: SDCL 36-38-27. Law Implemen…

Rule 20:85:01:07 Certificates. 20:85:01:07. Certificates. Upon approval of licensure by the board, the board shall issue to the licensee a certificate of licensure and a license number for display in the licensee's principal place of practice. Source: 44 SDR 42, effective Septemb…

Rule 20:85:01:08 Application disposition. 20:85:01:08. Application disposition. All applications and any supporting papers submitted to the board are the property of the board. Source: 44 SDR 42, effective September 11, 2017. General Authority: SDCL 36-38-27. Law Implemented: SDC…

Rule 20:85:01:09 Verification of licensure for the public. 20:85:01:09. Verification of licensure for the public. The board shall supply verification of the status of the license of any behavior analyst licensed by the board to any person or organization requesting it. Source: 44…

Rule 20:85:02:01 Ethics. 20:85:02:01. Ethics. All licensees under SDCL chapter 36-38 shall comply with the Professional and Ethical Compliance Code for Behavior Analysts, approved by the Behavior Analyst Certification Board's Board of Directors on August 7, 2014. Source: 44 SDR 4…

Rule 20:85:02:02 Violations. 20:85:02:02. Violations. A violation of any of the provisions of the Professional and Ethical Compliance Code may be grounds for cancellation or revocation of licensure pursuant to SDCL 36-38-12. Source: 44 SDR 42, effective September 11, 2017. Genera…

Rule 20:86:01:01 Definitions. 20:86:01:01. Definitions. Terms defined in SDCL chapter 36-9C have the same meaning when used in this article. In addition, the terms used in this chapter mean: (1) "Consultation," the process in which the client is seen face-to-face in a healthcare …

Rule 20:86:02:01 Qualifications for licensure. 20:86:02:01. Qualifications for licensure. No person may be licensed to practice as a certified professional midwife in this state unless the person has completed the requirements set forth in SDCL 36-9C-4. In addition, each applican…

Rule 20:86:02:02 Background check required. 20:86:02:02. Background check required. Each applicant for licensure shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau o…

20:86:02:03. Duration of license. A license is valid two years from the date that it was issued by the board. Source: 45 SDR 31, effective September 10, 2018; 48 SDR 115, effective May 23, 2022. General Authority: SDCL 36-9C-32(1). Law Implemented: SDCL 36-9C-15.

20:86:02:04. Renewal of license. A notice for renewal of license shall be sent by the board to the last known address of each current licensee. The address may either be physical or electronic. Failure to receive the notice for renewal of license does not relieve the licensee of …

Rule 20:86:02:05 Relicensure. 20:86:02:05. Relicensure. An applicant may seek relicensure if the applicant has been licensed in this state and either failed to timely renew or is seeking to return to active clinical practice. The following shall be submitted at the time of reappl…

Rule 20:86:02:06 Inactive status and reactivation of license. 20:86:02:06. Inactive status and reactivation of license. Upon filing with the board a written statement requesting inactive status and paying the fee prescribed by chapter 20:86:04, the licensee shall be placed on ina…

20:86:02:07. Grounds for denial, revocation, or suspension. The board may deny, revoke, or suspend any license or application for licensure to practice as a certified professional midwife or certified professional midwife student in this state, and may take other disciplinary or …

20:86:02:08. Unprofessional conduct. Willfully practicing beyond the scope of practice, violating the terms of suspension or probation ordered by the board, or following a course of conduct or practice in violation of SDCL chapter 36-9C or this article constitutes unprofessional …

20:86:02:09. Reissuance of a revoked or suspended license. A person whose license has been suspended, revoked, surrendered, restricted, conditioned, or otherwise disciplined under the provisions of chapter 20:86:02 may apply for reinstatement once a year or at such shorter interv…

20:86:02:10. Actions which may warrant sanctions. The board may impose sanctions based upon any of the following: (1) Engaging in conduct outside the scope of certified professional midwifery practice including any conduct or practice contrary to recognized standard of ethics of …

20:86:02:11. Sanctions. The board may impose any of the following sanctions or a combination thereof: (1) Formal reprimand; (2) Probation of license to practice professional midwifery in South Dakota; (3) Suspension of license to practice professional midwifery in South Dakota; (…

20:86:02:12. Judicial declaration of incompetence or involuntary commitment. If a person licensed or certified by this board has been judicially declared incompetent or involuntarily committed to a mental hospital or treatment center, the board of certified professional midwives,…

20:86:02:13. Petition by board. If any interested person petitions the board or the disciplinary committee to determine whether a person licensed or certified by this board is incapacitated by reason of mental infirmity or illness or because of addiction to drugs or intoxicants, …

20:86:02:14. Burden of proof. n a proceeding seeking an order of inactive status, probation, or suspension based upon the reasons set forth in § 20:86:02:12 or 20:86:02:13, the burden of proof shall rest with the party filing the complaint. In a proceeding seeking an order termin…

20:86:02:15. Respondent's claim of illness or infirmity. If, during the course of a disciplinary proceeding, the respondent contends that the respondent is suffering from a disability by reason of mental or physical infirmity or illness or addiction to drugs or intoxicants that m…

20:86:02:16. Doctor-patient privilege -- Waiver. The filing of an application for reinstatement by a person placed on inactive status or suspended for disability constitutes a waiver of any doctor-patient privilege with respect to any treatment of the person during the period of …

20:86:02:18. Suspension and probation. The period of probation or suspension ordered pursuant to § 20:86:02:12 or 20:86:02:13 may not exceed five years. The conditions of probation may include one or more of the following: (1) Additional mandatory continuing education; (2) Restit…

20:86:02:19. Formal reprimands and files. The board shall keep a permanent file of all complaints made to or by the board that result in an inquiry being directed to a licensee and a permanent file of board action taken, including formal reprimands. In considering action in a cas…

Rule 20:86:03:01 Scope and practice standards. 20:86:03:01. Scope and practice standards. A licensed certified professional midwife shall adhere to the scope and practice standards when providing antepartum, intrapartum, postpartum, and newborn care. The following are conditions …

Rule 20:86:03:02 Conditions that require consultation. 20:86:03:02. Conditions that require consultation. A certified professional midwife may not provide care for a client with a current history of any disorders, diagnoses, conditions, or symptoms listed in this section unless t…

Rule 20:86:03:03 Conditions for which a consultation shall be recommended. 20:86:03:03. Conditions for which a consultation shall be recommended. Before providing care for a client with a history of any of the disorders, diagnoses, conditions or symptoms listed, a certified profe…

Rule 20:86:03:04 Conditions for which a maternal transport to hospital shall be facilitated. 20:86:03:04. Conditions for which a maternal transport to hospital shall be facilitated. A certified professional midwife shall facilitate the immediate transport of a client to a hospita…

Rule 20:86:03:05 Conditions for which newborn transport to hospital shall be facilitated. 20:86:03:05. Conditions for which newborn transport to hospital shall be facilitated. A certified professional midwife shall facilitate the immediate transport of any newborn to the nearest …

Rule 20:86:03:06 Emergency transport and transfer plan. 20:86:03:06. Emergency transport and transfer plan. When facilitating a transport, the certified professional midwife shall: (1) Notify the hospital when the transport is initiated; (2) Provide necessary emergency stabilizat…

Rule 20:86:03:07 Record keeping. 20:86:03:07. Record keeping. Each client record shall be retained for a minimum of 20 years after the birth during which time reasonable efforts are to be made to advise clients of closure of practice or change in record location. Source: 45 SDR 3…

Rule 20:86:03:08 Newborn care. 20:86:03:08. Newborn care. Certified professional midwives shall adhere to the following requirements: (1) Each certified professional midwife shall carry the equipment necessary for resuscitation of the newborn; and (2) Each certified professional …

Rule 20:86:03:09 Medical waste. 20:86:03:09. Medical waste. Medical waste removed from a private residence shall be disposed of according to local, state, and federal regulations. Source: 45 SDR 31, effective September 10, 2018. General Authority: SDCL 36-9C-32(2). Law Implemente…

Rule 20:86:03:10 Professional standards. 20:86:03:10. Professional standards. A person licensed by the board shall: (1) Use the term, Certified Professional Midwife, or the initials, CPM; (2) Practice in a manner that is in the best interest of the public and does not endanger th…

Rule 20:86:03:11 Administration of drugs and medications. 20:86:03:11. Administration of drugs and medications. A licensed certified professional midwife may use the drugs described in the drug formulary list in Appendix A according to the listed protocols describing the indicati…

Rule 20:86:04:01 Initial licensure. 20:86:04:01. Initial licensure. Each person licensed to practice in this state shall pay an initial licensure fee of $1,000. Source: 45 SDR 31, effective September 10, 2018. General Authority: SDCL 36-9C-32(4). Law Implemented: SDCL 36-9C-19(1)…

20:86:04:02. License renewal fee -- lapsed license. The renewal fee is $1,500. Failure to secure a renewal certificate shall result in a lapsed license. A lapsed license may be reinstated as provided in § 20:86:02:06. Source: 45 SDR 31, effective September 10, 2018; 48 SDR 115, e…

Rule 20:86:04:03 Lapsed license. 20:86:04:03. Lapsed license. For reinstatement of a lapsed license, the lapsed license holder shall pay the current renewal fee plus five hundred dollars. Source: 45 SDR 31, effective September 10, 2018. General Authority: SDCL 36-9C-32(4). Law Im…

Rule 20:86:04:04 Student license. 20:86:04:04. Student license. Each certified professional midwife student who seeks licensure while completing certification requirements shall pay a one-time fee of $500. Source: 45 SDR 31, effective September 10, 2018. General Authority: SDCL 3…

Rule 20:86:04:05 Inactive license status. 20:86:04:05. Inactive license status. Any licensed certified professional midwife who is licensed in this state and who wishes to change the status of the license to inactive shall pay a fee of $100. Source: 45 SDR 31, effective September…

Rule 20:86:04:06 Other fees. 20:86:04:06. Other fees. Any person licensed in this state and who has the following requests shall pay the stated fee: (1) For providing a transcript, $25; (2) For a name change on a record of the license holder, $100; (3) For issuance of a duplicate…

Rule 20:86:04:07 Birth delivery fee. 20:86:04:07. Birth delivery fee. The certified professional midwife shall pay a birth delivery fee of $100 accompanied by the birth reporting form, within 30 days of delivery. Source: 45 SDR 31, effective September 10, 2018. General Authority:…