Title 36, PROFESSIONS AND OCCUPATIONS

The board shall meet at least annually, at the time and place designated by the president or by a majority of the board. A majority of the board's members constitutes a quorum for the transaction of business. The board shall annually elect a president and a vice president from am…

The board, board members, and board agents are immune from personal liability for actions taken in good faith in the discharge of the board's duties. The state shall hold the board, board members, and board agents harmless from all costs, damages, and attorney fees arising from c…

The board exists within the Department of Social Services. The board shall exercise all prescribed functions, including administrative functions. The board shall provide records, information, and reports to the secretary of the Department of Social Services at the time and in the…

The board shall forward all moneys received under the provisions of this chapter to the state treasurer for deposit in the Board of Examiners for Counselors and Marriage and Family Therapists fund hereby created in the state treasury. Moneys in the account are appropriated on a c…

The board shall: (1) Administer, coordinate, and enforce the provisions of this chapter and chapter 36-33 ; (2) Establish educational, training, examination, and competency standards for professional counselors and licensees under this chapter and chapter 36-33 ; (3) Establish st…

The board may promulgate rules, pursuant to chapter 1-26 , to set standards for professional practice and establish procedures for application, professional practice, licensure, eligibility, renewals, ethical standards, continuing education, supervision, and examination of an app…

Each license issued by the board under this chapter, shall be conspicuously displayed by the licensee at the licensee's primary place of practice. Each licensee shall post and keep conspicuously displayed the annual renewal certificate issued by the board. Source: SL 2020, ch 165…

It is a Class 2 misdemeanor for any person to engage or attempt to engage in the practice of professional counseling, without a license, unless exempted under the provisions of this chapter. Source: SL 2020, ch 165 , § 12.

Unless licensed in accordance with the provisions of this chapter, no person may use the titles: licensed clinical mental health counselor, licensed clinical counselor, licensed professional counselor--mental health, licensed professional counselor, or licensed counselor, or any …

No advertising regarding the practice of counseling may be fraudulent or misleading. A violation of this section is a Class 1 misdemeanor. Source: SL 2020, ch 165 , § 14.

No licensee may perform counseling services that are outside the scope of the licensee's relevant education, training, and experience. Source: SL 2020, ch 165 , § 15.

The board may use board staff or employ or contract with an agent or investigator to assist in enforcing this chapter or any rule promulgated by the board. If it appears to the board that a person is violating any provision of this chapter or any rule promulgated under this chapt…

The board and board members and officers shall assist any person charged with the enforcement of this chapter. The board, board members, and officers shall furnish evidence to assist in the prosecution of any violation or enforcement, and the board may make a reasonable expenditu…

An applicant for a license as a professional counselor shall file an application, in the manner prescribed by the board, together with the application fee prescribed by the board in accordance with § 36-32-92 . The board may issue a license as a professional counselor to an appli…

Notwithstanding subsection 36-32-64 (1)(b), the board may issue a license as a professional counselor to an applicant who has received a master's or a doctoral degree, consisting of less than sixty credit hours but no less than forty-eight credit hours in counseling, from an accr…

An applicant for a license as a professional counselor--mental health shall file an application, in the manner prescribed by the board, together with the application fee prescribed by the board in accordance with § 36-32-92 . The board may issue a license as a professional counse…

Notwithstanding subsection 36-32-65 (2)(b), the board may issue a license as a professional counselor--mental health to an applicant who has received a master's or a doctoral degree, consisting of less than sixty credit hours but no less than forty-eight credit hours in counselin…

If the board suspects that the physical or mental health of any applicant may jeopardize or endanger anyone who seeks assistance from the applicant, the board may require that the applicant be examined by a board-approved health care provider, licensed or authorized to practice p…

Notwithstanding any other provisions of this chapter, the board may issue a license as a professional counselor or professional counselor--mental health to an applicant who is licensed to practice counseling in another state or territory of the United States if the applicant demo…

If a professional counselor licensed in another state or territory of the United States has not passed the national examination required by the board for licensure under § 36-32-67 , the board may provide the applicant with a temporary license to practice for up to ninety days, i…

Any person practicing under a temporary license is subject to supervision and discipline by the board in the same manner as any other licensee under this chapter. A person practicing under a temporary license is under the jurisdiction of the board. Source: SL 2020, ch 165 , § 23.

A licensee shall furnish the board with updated information within thirty days upon a change in the licensee's name, place of employment, or place of business. Source: SL 2020, ch 165 , § 24.

A license issued under this chapter, other than a temporary license, is valid until November thirtieth of the next even-numbered year following the date of issuance. A license expires automatically unless the license is renewed. Source: SL 2020, ch 165 , § 25.

Any licensee holding a valid license under this chapter may renew that license by submitting an application for renewal before the date of expiration, paying the required renewal fee, and providing proof of compliance with the continuing education requirements prescribed by the b…

Except as otherwise provided in this section, any person licensed under this chapter shall complete at least forty hours of continuing education every two years in a manner and with an instructor approved by the board. Any person whose initial license is granted for a period of l…

The board may place a license on inactive status at the request of the licensee and the payment of a fee prescribed by the board. An inactive license expires four years after the date of issuance. An inactive license may be reactivated by payment of the license renewal fee and pr…

An expired license may be reactivated within the four-year period following the expiration of the license, if the applicant: (1) Pays any applicable renewal fees required for the period of expiration; (2) Provides proof of any continuing education required for the period of expir…

The provisions of this chapter do not apply to the activities and services of a person practicing counseling as part of that person's duties if the person is: (1) Licensed or certified under this title and acting in a manner consistent with state law regarding the scope of practi…

No cause of action may arise against any licensed professional counselor or licensed professional counselor--mental health for failing to warn of or protect others from a client's threatened behaviors or for failing to predict, warn or protect others from a client's violent behav…

No licensee or an employee of a licensee may disclose information that was acquired from any person consulting the licensee in a professional capacity that was necessary to render services in a professional capacity, except: (1) If mandated by state law or authorized under the He…

If both parties to a marriage have obtained counseling from a licensed professional counselor or a licensed professional counselor--mental health, the counselor may not testify in an alimony or divorce action concerning information acquired in the course of the therapeutic relati…

Complaints regarding any person licensed under this chapter shall be processed pursuant to chapter 36-1C. A record of each complaint shall be maintained in the board office. Notwithstanding any provision of chapter 36-1C, an investigation may be conducted by a member, agent, or a…

Upon receiving a complaint regarding the health or safety of any patient or the public, any authorized board member, officer, or agent may enter and inspect, during business hours, any place where counseling is practiced for the purpose of enforcing this chapter. Refusal to allow…

Testimony or documentary evidence of any kind obtained by the board during the investigation of a complaint is not subject to discovery or disclosure under chapter 15-6 or any other provision of law and is not admissible as evidence in any legal proceeding, unless the complaint b…

For purposes of this chapter, "unprofessional or dishonorable conduct" includes a finding that: (1) The licensee or permit holder is guilty of fraud in the practice of counseling or of fraud or deceit in the licensee's admission to the practice of counseling; (2) The licensee or …

Proceedings for the suspension, revocation, or cancellation of a license or permit may be initiated if the board has information that a person may have engaged in any unprofessional or dishonorable conduct, as described in § 36-32-83 , or violated this chapter or any rule promulg…

If the board finds that a person, entity, licensee, or permit holder has engaged in any unprofessional or dishonorable conduct, as described in § 36-32-83 , or violated any provision of this chapter or any rule promulgated under this chapter, the board may: (1) Revoke a license o…

The board may suspend a license or permit in advance of a final adjudication or during the appeals process if the board finds that allowing a licensee or permit holder to continue practicing would represent a clear and immediate or imminent danger to public health and safety. A p…

All proceedings regarding the suspension, revocation, or cancellation of a license or permit shall conform to the procedure set forth in chapter 1-26 . A party may appeal any act, ruling, or decision regarding a license, in accordance with chapter 1-26 . Source: SL 2020, ch 165 ,…

At the board's discretion, the board may reinstate or issue a new license or permit. The board may require the applicant to pay all costs of the proceedings resulting in the suspension, revocation, reinstatement, or issuance of a license or permit. Source: SL 2020, ch 165 , § 42.

The board shall investigate an alleged violation of any provision of this chapter, pursuant to the procedures set forth in chapter 36-1C, and report the alleged violation. The board may employ special counsel subject to the supervision, control, and direction of the attorney gene…

Any person who violates any provision in this chapter may be enjoined from any further violation at the suit of the state's attorney of the county where the violation occurred. In the alternative, suit may be brought by any resident of this state. Source: SL 2020, ch 165 , § 44.

Any person who practices counseling through electronic means and provides counseling services to a patient located in this state is engaged in the practice of counseling in this state, regardless of the provider's physical location. Any service provided by a person through electr…

The board shall promulgate rules in accordance with chapter 1-26 , to establish the following: (1) An application fee, not to exceed two hundred dollars; (2) A biennial renewal fee, not to exceed three hundred dollars; (3) A duplicate license fee, not to exceed fifteen dollars; (…

Any person licensed as a professional counselor under § 36-32-13 before June 30, 2020, is licensed as a professional counselor pursuant to §§ 36-32-48 to 36-32-92 , inclusive. Source: SL 2020, ch 165 , § 47.

Any person licensed as a professional counselor--mental health under § 36-32-42 before June 30, 2020, is licensed as a professional counselor--mental health pursuant to §§ 36-32-48 to 36-32-92 , inclusive. Source: SL 2020, ch 165 , § 48.