Title 36 — PROFESSIONS AND OCCUPATIONS

Terms used in this chapter, unless the context otherwise requires, mean: (1) "Board," the Board of Examiners of Psychologists established under this chapter; (2) "Program in psychology," a doctoral program, including a doctor of philosophy degree (Ph. D.), a doctor of psychology …

No person may represent himself as a psychologist, or engage in the practice of, or attempt to practice, psychology unless licensed pursuant to the provisions of this chapter or exempted under the provisions of §

A psychologist licensed by another state, or by a province of Canada, may practice within this state for a maximum of six months, during which time the psychologist's credentials shall be reviewed and the psychologist's application for licensing accepted or denied. Within thirty …

The board shall issue a license as a psychologist to an applicant who: (1) Has a doctoral degree from a regionally accredited university or professional school of psychology, or is recognized by the Association of Universities and Colleges of Canada as a member in good standing; …

The board may issue a provisional license not to exceed twelve months in duration to an applicant who is completing the one-year of supervised postdoctoral psychology practice if the applicant has satisfied the requirements of subdivision 36-27A-12(1), passed a written national s…

An applicant for licensure as a psychologist is exempt from the requirement of a doctoral degree in a program in psychology as listed in § 36-27A-12 if, for one year immediately preceding January 1, 1982, he has formally and consistently represented himself to the public as a psy…

An applicant for licensure as a psychologist is exempt from the examination requirement of § 36-27A-12 if the Board of Examiners of Psychologists receives the application for licensure on or before January 1, 1982. Source: SL 1981, ch 281 , § 14.

An applicant for licensure as a psychologist is exempt from the requirement of a psychological internship as listed in § 36-27A-12 if he has one year of psychological experience and if the Board of Examiners of Psychologists receives the application for licensure on or before Jan…

To qualify for the exemptions specified in § 36-27A-13 , 36-27A-14 or 36-27A-15 , the applicant for licensure shall have lived in South Dakota for one year preceding the time the Board of Examiners of Psychologists receives the application for licensure. Source: SL 1981, ch 281 ,…

At the discretion of the board, an applicant for licensure as a psychologist is exempt from the requirements of § 36-27A-12 , and any other examination requirements, if the applicant holds a diploma issued by the American Board of Professional Psychology, a current license to pra…

By a unanimous vote of the Board of Examiners of Psychologists an applicant for licensure as a psychologist may be required to demonstrate competence in only three of the four substantive areas of study referred to in the definition of a program in psychology in §

The application fee for a license to practice psychology shall be set by the Board of Examiners of Psychologists in rules promulgated pursuant to chapter 1-26 . The fee may not exceed three hundred dollars. The application fee includes the oral examination required by this chapte…

The provisions of this chapter do not apply to the following persons: (1) Employees of a regionally accredited academic institution while performing their teaching, training or research duties; (2) Employees working in public or private nonprofit organizations or institutions if …

An applicant who fails to pass the oral examination required by this chapter is entitled to reexamination within six months upon payment of an additional fee, not to exceed two hundred dollars, to be set by the Board of Examiners of Psychologists in rules promulgated pursuant to …

In applying for licensing, an applicant shall apply on forms prescribed by the Board of Examiners of Psychologists. The board shall require that the application be verified by a notary public. The license fee shall accompany the application. The board shall require each applicant…

The board shall hold examinations at least semiannually at a place designated by the board. The type of examinations, including a national standardized examination, required shall be determined by the board. Source: SL 1976, ch 235 , § 26; SDCL Supp, § 36-27-25; SL 1981, ch 281 ,…

After an applicant passes the oral and written examinations, the applicant shall pay a fee for initial licensure set by the Board of Examiners of Psychologists in rules promulgated pursuant to chapter 1-26 , not to exceed three hundred fifty dollars. Source: SL 1993, ch 297 , § 3…

The license issued by the Board of Examiners of Psychologists shall contain the full name of the licensee and shall bear a serial number and the address of the person licensed. The license shall be signed by the president and the secretary of the board under the seal of the board…

Any licensed psychologist 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 within the scope of their res…

The license shall be renewed annually by payment of a fee, not to exceed three hundred fifty dollars, to be set by the Board of Examiners of Psychologists in rules promulgated pursuant to chapter 1-26 . The failure of a licensee to renew the license by the first day of July each …

The Board of Examiners of Psychologists shall adopt a code of ethics for psychologists licensed under this chapter which may be the current code of ethics of the American Psychological Association. Source: SL 1981, ch 281 , § 25.

The Board of Examiners of Psychologists shall maintain a record of the continuing education for each licensee. A report of the continuing education shall be a part of the renewal application for licensure. The type and amount of continuing education required shall not exceed six …

The Board of Examiners of Psychologists shall recommend to the attorney general the bringing of civil actions to seek injunctions and other relief against violations of this chapter. Source: SL 1976, ch 235 , § 35; SDCL Supp, § 36-27-47; SL 1981, ch 281 , § 28.

The board may suspend or revoke the license of a psychologist or require remediation or impose other sanctions on a psychologist, may deny licensure to any applicant, or require remediation prior to the issuance of a license, upon the following grounds: (1) The licensee is guilty…

The proceedings for suspension or revocation of a license may be initiated if the Board of Examiners of Psychologists has information that a licensee may be guilty of any misconduct listed in §

If payment of costs incurred in carrying out a license revocation or other disciplinary action prevents the Board of Examiners of Psychologists from meeting its other financial obligations, the board, upon the approval of a majority of its members, may assess each licensee a spec…

The Board of Examiners of Psychologists consists of seven members, two of whom shall be lay members. The remaining five members are to be psychologists licensed pursuant to this chapter at the doctoral level for a minimum of two years and broadly representing a cross section of t…

The decision of the board to suspend, revoke, or deny a license requires a majority vote of all the board members. Source: SL 1976, ch 235 , § 39; SDCL Supp, § 36-27-41; SL 1981, ch 281 , § 31; SL 2008, ch 197 , § 9.

Any person aggrieved by an act, ruling, or decision of the Board of Examiners of Psychologists may appeal pursuant to chapter 1-26 . Source: SL 1976, ch 235 , § 40; SDCL Supp, § 36-27-44; SL 1981, ch 281 , § 32.

Upon written application establishing compliance with existing licensing requirements and for reasons the Board of Examiners of Psychologists deems sufficient, the board for good cause shown, by majority vote, may, under the conditions it may impose, reinstate, or reissue a licen…

A person violating the provisions of this chapter may be enjoined from further violations by an action brought by the state's attorney of the county where the violations occurred or by action brought by any citizen in this state. The attorney general, the Board of Examiners of Ps…

The Board of Examiners of Psychologists shall investigate every alleged violation of this chapter pursuant to chapter 36-1C. The board may employ special counsel, subject to approval, supervision, control, and direction by the attorney general, to assist in the prosecution of vio…

If the board determines that any complaint was frivolous or clearly unfounded in fact, the board may dismiss the complaint and, by separate and unanimous vote of the board, may expunge such complaint from the record of the licensee. Source: SL 1999, ch 198 , § 1.

The Department of Social Services shall keep a record of the names of all persons licensed under this chapter, the license number of each, the date of each license and renewal, and other matters of record. A transcript of any record therein or a license that is entered therein, t…

The Board of Examiners of Psychologists members shall be paid per diem and reimbursed expenses at a rate not to exceed the same rate as other state employees while engaged in their official duties. Source: SL 1976, ch 235 , § 45; SDCL Supp, § 36-27-15; SL 1981, ch 281 , § 37.

All money coming into the custody of the Board of Examiners of Psychologists each calendar month shall be paid to the state treasurer on or before the tenth day of the next month. The state treasurer shall keep the money in a separate account for the South Dakota Board of Examine…

The confidential relations and communications between a licensed psychologist and a person consulting him in his professional capacity are confidential. Nothing in this chapter may be construed as to require those privileged communications to be disclosed; nor may a psychologist'…

The members of the Board of Examiners of Psychologists, and those acting in the name of the board, when carrying out their duties under this chapter, and those testifying before the board in good faith, may not be held personally liable and the board may insure itself against lia…

There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a duly appointed committee of the Board of Examiners of Psychologists created pursuant to § 36-27A-3 or of a state professional society, comprised of psychol…

Initial appointments to the Board of Examiners of Psychologists shall be for terms of one, two, and three years, respectively, with one member appointed for one year, two members appointed for two years and two members appointed for three years. Thereafter, appointments shall be …

The Governor may remove a member of the Board of Examiners of Psychologists for cause. If there is a vacancy on the board caused by the death, resignation, or removal from the state of a member or for any other reason, the Governor shall appoint a new member to serve the unexpire…

The board shall elect officers annually. The board shall meet at least once a year at a place and time determined by the president of the board. The board secretary is responsible for taking and keeping the minutes of all board meetings. Source: SL 1976, ch 235 , § 9; SDCL Supp, …

The Board of Examiners of Psychologists is within the Department of Social Services and shall exercise all its prescribed functions. The department shall provide all administrative functions other than those of the board member serving as secretary. The expenses of the department…