Title 36 — PROFESSIONS AND OCCUPATIONS

Terms used in this chapter mean: (1) "Board," the South Dakota Board of Addiction and Prevention Professionals; and (2) "Practitioner," a person certified, licensed, or recognized under this chapter in the practice of addiction counseling or prevention services who holds oneself …

The board members shall be paid per diem compensation and allowable expenses pursuant to § 4-7-10.4 for their services on the board. Source: SL 2004, ch 253 , § 11; SL 2013, ch 183 , § 6.

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

The board shall: (1) Promulgate rules that set standards for professional practice of addiction counseling and prevention services and other rules as necessary for the administration of this chapter. All rules shall be promulgated pursuant to chapter 1-26 ; (2) Be responsible for…

The board may promulgate rules, pursuant to chapter 1-26 , to provide fees for all services and charges authorized by this chapter. The fees may not exceed the following maximums: (1) Certified addiction counselor, certified prevention specialist, or licensed addiction counselor …

No person may represent oneself as a licensed or certified addiction counselor, addiction counselor trainee, certified prevention specialist, prevention specialist trainee, or any other title that includes such words unless the person is certified or licensed under this chapter. …

Any applicant seeking recognition, certification, or licensure shall disclose to the board whether the applicant has been convicted of, plead guilty to, or plead no contest to any felony, to any crime involving or relating to the practice of counseling, or to any crime involving …

The board may renew a certificate or license if the practitioner: (1) Submits an application to the board for renewal before the expiration of the certificate or license; (2) Pays the required renewal fee; and (3) Provides proof of compliance with the continuing education require…

Each certificate or license shall be conspicuously displayed at the primary place of practice within thirty days after issuance of such certificate or license. Source: SL 2013, ch 183 , § 15.

The board may grant a certificate to any person who, at the time of application, is certified in another state or territory of the United States that imposes substantially the same requirements as this chapter, has taken and passed an examination similar to that required under th…

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 health care provider, approved by the board, who is licensed or authorize…

The board may place a certificate or license on inactive status at the request of a practitioner and upon payment of a fee prescribed by the board. An inactive certificate or license expires four years after the date of issuance. The board may reactivate the certificate or licens…

The board may reactivate an expired certificate or license within four years following the date of expiration, if the holder of the expired certificate or license: (1) Pays any applicable renewal fees required for the period of expiration; (2) Provides proof of any continuing edu…

Any person who practices counseling through electronic means and provides addiction counseling or prevention services to a patient located in this state is engaged in the practice of addiction counseling or prevention services in this state, regardless of the person's physical lo…

The board may use its own staff or employ certified or licensed addiction counselors, certified prevention specialists, agents, or investigators to assist in the enforcement of this chapter or any rule promulgated by the board. Any person violating the provisions of this chapter …

The board may, if it deems best for the enforcement of this chapter or in the conduct of its duties, employ an attorney designated by the attorney general and subject to the supervision, control, and direction of the attorney general. The board shall fix and determine the compens…

The board shall process a complaint regarding a practitioner as set forth in chapter 36-1C . The board shall maintain a record of each complaint. Notwithstanding any provision of chapter 36-1C , a member, agent, or appointee of the board may investigate a complaint to determine w…

Source: SL 2004, ch 253 , § 20; SL 2013, ch 183 , § 19; SL 2023, ch 140 , § 9.

The South Dakota Board of Addiction and Prevention Professionals consists of nine members, three of whom shall be lay members and six of whom shall be professionals certified or licensed pursuant to this chapter. Each professional member shall be actively engaged in addiction cou…

Source: SL 2004, ch 253 , § 21; SL 2013, ch 183 , § 20; SL 2023, ch 140 , § 10.

Any practitioner subject to this chapter shall practice in accordance with the standards established by the board and is subject to the exercise of the disciplinary sanctions enumerated in § 36-34-23 if, after a hearing in the manner provided in chapter 1-26 , the board finds tha…

The board may, in a disciplinary proceeding, order a practitioner to submit to a reasonable physical or mental examination if the practitioner's physical or mental capacity to practice safely is at issue. Failure to comply with a board order to submit to a physical or mental exam…

The board may impose any of the following sanctions, singly or in combination, if the board finds that a practitioner has violated any part of § 36-34-21 : (1) Revoke a practitioner's certification or license to practice for an indefinite length of time; (2) Suspend a practitione…

The board may summarily suspend a practitioner's recognition, certification, or licensure in advance of a final adjudication or during the appeals process if the board finds that a practitioner would represent a clear and immediate danger to the public health and safety if the pr…

Any practitioner whose recognition, certification, or license to practice has been suspended or revoked may be reinstated or a new recognition, certification, or license may be issued, as the case may be, if in the discretion of the board, such action is warranted. The board may …

In the prosecution of any person for violation of this chapter, it is not necessary to allege or prove lack of valid recognition, certification, or licensure. Proof of recognition, certification, or licensure is a matter of defense to be established by the defendant. Source: SL 2…

Nothing in this chapter may be construed to limit the ongoing recognition, certification, or licensure of any person at the level of recognition, certification, or licensure and for the time period established under the former South Dakota Chemical Dependency Counselor Certificat…

The Governor shall appoint the members to the board for terms of three years which shall begin on the thirty-first day of October. The appointee's term shall expire on October thirtieth in the third year of appointment. Source: SL 2004, ch 253 , § 4; SL 2005, ch 199 , § 77; SL 20…

The Governor may remove any member of the board for cause. If there is a vacancy on the board the Governor shall appoint a new member to serve the unexpired term. No member of the board may serve for more than three successive full terms. The appointment to an unexpired term is n…

The board shall annually elect a president, vice 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. However, a majority of the board may call a meeting without the assent of the preside…

The secretary of the board shall provide for taking and keeping the minutes of all board meetings. Source: SL 2004, ch 253 , § 7.

A majority of board members constitutes a quorum. A majority vote of those present constitutes a decision of the entire board. Source: SL 2004, ch 253 , § 8.

The board is within the Department of Social Services. The department shall provide all administrative functions other than those of the board member serving as secretary. The board shall submit an annual report and such records, information, and reports in the form and at such t…

The board may accept any funds which may be made available to it from any source. All funds received by the board shall be paid to the state treasurer weekly or as prescribed by the state treasurer. The state treasurer shall keep the money in a separate account for the board. The…