Title 36 — PROFESSIONS AND OCCUPATIONS

Terms as used in this chapter, unless the context otherwise requires, mean: (1) "Board," the Board of Social Work Examiners established under this chapter; (2) "Social work," the professional activity for fee of helping individuals, groups, or communities enhance or restore their…

It is a Class 2 misdemeanor for any person or persons to engage in the practice, or attempt to practice, social work as a certified social worker, social worker or social work associate without a license issued pursuant to the provisions of this chapter. No social work associate …

No person may represent himself as a social worker by using the titles "certified social worker," "social worker," "social work associate," or any other title that includes such words unless licensed under this chapter. No person may represent himself as a certified social worker…

Nothing in this chapter shall be construed to prevent qualified physicians, surgeons, registered nurses, psychologists, psychotherapists, attorneys, court employees, marriage counselors, family counselors, child counselors, or members of the clergy from doing work within the stan…

The board shall issue a license as a certified social worker, a social worker, or a social work associate. Source: SL 1975, ch 22 , § 12.

The board shall issue a license as a "certified social worker" to an applicant who: (1) Has a doctorate or master's degree from a school of social work accredited by the council on social work education; (2) Has passed an examination prepared by the board for this purpose. Source…

The board shall issue a license as a social worker to an applicant who: (1) Has a baccalaureate degree in a social work or social welfare program accredited by the council on social work education; and (2) Has passed an examination prepared by the board for this purpose; or (3) H…

The board shall issue a license as a certified social worker or social worker to any applicant who: (1) Meets the requirements for a certified social worker or social worker except whose baccalaureate or master of social work degree is from a program in candidacy status with the …

The board shall issue a license as a "social work associate" to an applicant who: (1) Has a baccalaureate degree in a nonsocial work field or discipline or an associate of arts degree in the human services in a program approved by the board from a junior college, college, or univ…

Clinical social work practice is the professional application of social work theory and methods to the treatment and prevention of psychosocial dysfunction, disability, or impairment, including emotional and mental disorders. It is based on knowledge of one or more theories of hu…

Any licensed social worker licensed under § 36-26-17 , may organize or contract for services with a corporation organized under the laws of this state by licensed practitioners of the healing arts, for the purpose of negotiating group health care contracts and providing services …

An applicant shall be exempted from the requirement for any examination provided in this chapter if: (1) The applicant is licensed or registered under the laws of a state or territory of the United States that imposes substantially the same requirements as this chapter; (2) Pursu…

The board may enter into a national or multi-state licensing compact to provide licensing reciprocity for social workers. Source: SL 2013, ch 182 , § 2.

The fees to be paid by an applicant to determine fitness to receive a license to practice social work shall be set by the board. The fees shall be set in rules promulgated pursuant to chapter 1-26 in the following areas: for a biennial application, for reciprocity without examina…

Since the profession of social work profoundly affects the lives of the people of this state, it is the purpose of this chapter to protect the public by setting standards of qualification, education, training, and experience for each person engaging in the practice of social work…

36-26-21 Times and places of examinations. 36-26-22 Re-examinations allowed--Fee. 36-26-23 Expiration and renewal of licenses--Renewal fee. 36-26-24 Display of license. 36-26-25 Annual publication of names of licensees and private practitioners. 36-26-26 Continuing education requ…

The board shall hold examinations at least annually and from time to time at such place or places as the board may designate. Source: SL 1975, ch 22 , § 21.

Any applicant failing to pass the examination provided by this chapter shall be entitled within six months to a re - examination upon payment of an additional fee to be set by the board, but two such re - examinations shall exhaust the privilege under the original application. So…

All licenses issued by the board shall expire on the first day of January of the second year succeeding the issuance thereof. A license may be renewed every two years upon the payment of a fee to be fixed by the board. Source: SL 1975, ch 22 , § 23.

Each social work license shall be conspicuously displayed at the place of practice of the licensee within thirty days after issuance of such license. Source: SL 1975, ch 22 , § 22.

In addition to the duties set forth elsewhere in this chapter, the board shall annually publish a list of the names and addresses of all persons who are: (1) Licensed certified social workers under this chapter; (2) Licensed social workers under this chapter; (3) Licensed social …

Attendance at postgraduate work as may be prescribed by the board, is a further requirement for renewal of any license. In no instance may the board require a greater number of hours of annual continuing education study than are available at courses approved by the board and held…

Failure of a licensee to renew his license on or before the first day of July of the year of expiration shall constitute a forfeiture of such license; provided, however, that any person who has so forfeited his license under this chapter may have the same restored to him by makin…

Any licensee who does not renew his or her license for two consecutive years because of sickness or other reason, or absence from the State of South Dakota, must take the examination as prescribed for an applicant to become a licensee and comply with all the provisions hereof, ap…

The board may promulgate rules pursuant to chapter 1-26 that set standards for professional practice, establish the procedure for the licensure, eligibility, continuing education, supervision, and examination for certified social workers, social workers, and social work associate…

The South Dakota Board of Social Work Examiners consists of seven members, two of whom shall be lay members, four of whom shall be certified social workers licensed under the provisions of this chapter to engage in private independent practice, and one of whom shall be a social w…

No licensed certified social worker, social worker, or social work associate or his employee may disclose any information he may have acquired from persons consulting him in his professional capacity that was necessary to enable him to render services in his professional capacity…

It shall be the duty of the board at least annually and from time to time to examine and inspect or cause to be examined and inspected all private social work establishments in the state. Said board and its agents and employees shall have the authority to enter and inspect any pr…

The board may deny, revoke, suspend, or cancel any license or application for licensure to practice as a certified social worker, social worker, or social work associate and may take such other disciplinary or corrective action as the board deems appropriate upon any one or more …

The proceedings for cancellation, revocation, or suspension of a license may be initiated when the board has information that any person may have been guilty of any misconduct as provided in § 36-26-32 or is guilty of gross incompetence or unprofessional or dishonorable conduct. …

All proceedings relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license which has been canceled, revoked, or suspended shall only be held when a majority of the members of the board are present at such hearings. The decision of the…

All proceedings relative to the cancellation, revocation, or suspension of a license shall otherwise conform to the procedure set forth in chapter 1-26 . Source: SL 1975, ch 22 , § 32.

Any party feeling aggrieved by any acts, rulings or decisions of the board relating to refusal to grant or to cancellation, revocation or suspension of a license shall have the right to appeal pursuant to chapter 1-26 . Source: SL 1975, ch 22 , § 34.

Upon written application establishing compliance with existing licensing requirements and for reasons the board deems sufficient, the board, for good cause shown, by majority vote, may, under such conditions as it may impose, reinstate or reissue a license to any person whose lic…

The secretary-treasurer of the board shall keep a record by entering the name of each person who has been granted a license pursuant to the provisions of this chapter, the license number, and the date the license was issued or renewed. The record may be admitted as evidence in an…

Any person who violates any of the provisions of this chapter is guilty of a Class 2 misdemeanor. Source: SL 1975, ch 22 , § 42; SL 1977, ch 190 , § 205.

36-26-5 Terms of appointment. 36-26-6 Removal by Governor for cause--Filling of vacancies. 36-26-7 Annual meeting and election of officers--Secretary-treasurer included in blanket bond. 36-26-8 Per diem and expenses of board members--Compensation of secretary-treasurer--Employmen…

In addition to the duties set forth elsewhere in this chapter, the board shall: (1) Recommend prosecutions for violations of this chapter to the appropriate state's attorneys; and (2) Recommend to the attorney general the bringing of civil actions to seek injunctions and other re…

The board shall investigate every alleged violation of this chapter pursuant to the procedures set forth in chapter 36-1C. If the board violation is committed by a nonlicensee, the board shall report the same to the proper law enforcement officials wherein the act is committed. T…

Any person violating the provisions of this chapter may be enjoined from further violations at the suit of the state's attorney of the county wherein the violations occurred or suit may be brought by any citizen of this state. An action for injunction shall be an alternate to cri…

The Board of Social Work Examiners may issue a temporary license as a certified social worker or social worker to an applicant who meets all requirements for a certified social worker or social worker except for passing the examination prepared by the board. The board may charge …

Clinical social work is practiced by a social worker who has received a master's or doctoral degree and is licensed under § 36-26-14 or

Appointments to the board shall be for terms of three years, beginning on October thirty-first. The appointee's term shall expire on October thirtieth in the third year of appointment. No member of the board may serve for more than three successive full terms. However, appointmen…

The Governor may remove a member of the board for cause. In the event of a vacancy on the board caused by death of a member, resignation, removal from the state, or for any other reason, the Governor shall appoint a new member to serve out the unexpired term. Source: SL 1975, ch …

The Board of Social Work Examiners shall annually elect a president and a secretary - treasurer from its members. The board shall meet at least once a year at a place and time determined by the president of the board. The secretary - treasurer of the board shall be included in th…

Each board member shall receive per diem set pursuant to § 4-7-10.4 and expenses at the same rate as other state employees while actually engaged in the board's official duties. The secretary-treasurer shall be paid additional compensation for the secretary-treasurer's services a…

The Board of Social Work Examiners shall be within the Department of Social Services, and shall exercise all its prescribed functions, including administrative functions. The board shall submit such records, information and reports in the form and at such times as required by the…