Title 36 — PROFESSIONS AND OCCUPATIONS

Source: SL 2016, ch 199 , § 23; SL 2023, ch 172 , § 1.

Terms used in this chapter mean: (1) "Applied behavior analysis," as provided in subdivision 58-17-154 (1); (2) "Behavior analyst," a person who meets the qualifications of subdivision 58-17-159 (2), who is licensed as a behavior analyst by the board only for the provision of app…

After a behavior analyst applicant presents evidence of certification, the applicant shall pay a fee for initial licensure set by the board, in rules promulgated pursuant to chapter 1-26 , not to exceed three hundred fifty dollars. Source: SL 2016, ch 199 , § 10.

The board shall adopt a code of ethics for behavior analysts licensed under this chapter. Source: SL 2016, ch 199 , § 11.

The board may deny, revoke, suspend, or cancel any license or application for licensure to practice as a behavior analyst and may take other disciplinary or corrective action as the board deems appropriate upon any of the following grounds: (1) The licensee or applicant is guilty…

If the board has information that any licensee may be guilty of any misconduct as provided in § 36-38-12 or is guilty of gross incompetence or unprofessional or dishonorable conduct, the board may institute proceedings for cancellation or revocation of the license. Source: SL 201…

Each proceeding relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license which has been cancelled, revoked, or suspended may only be held if a majority of the members of the board are present at the hearing. The decision of the boar…

All proceedings relative to the cancellation, revocation, or suspension of a license shall conform to the procedure set forth in chapter 1-26 . Source: SL 2016, ch 199 , § 15.

Any party aggrieved by any acts, rulings, or decisions of the board relating to refusal to grant or to cancellation, revocation, or suspension of a license may appeal pursuant to chapter 1-26 . Source: SL 2016, ch 199 , § 16.

Upon written application establishing compliance with existing licensing requirements and for reasons the board deems sufficient, the board, for good cause by majority vote, may reinstate or reissue a license that has been canceled, suspended, or revoked. However, upon suspension…

The secretary-treasurer of the board shall keep a record 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 any court. Source: SL 2…

Any person who practices as a behavior analyst in this state without a license issued by the board is guilty of a Class 2 misdemeanor. Source: SL 2016, ch 199 , § 19.

The term, practice of applied behavior analysis, is the application of principles, methods, and procedures of the analysis of behavior including principles of operant and respondent learning. The term includes applications of those principles, methods, and procedures to: (1) Desi…

In addition to the duties set forth elsewhere in this chapter, the board shall: (1) Recommend prosecution for any violation of this chapter to the appropriate state's attorney; or (2) Recommend to the attorney general the bringing of a civil action to seek injunction and other re…

Source: SL 2016, ch 199 , § 21; SL 2021, ch 168 , §§ 47, 48.

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 where the violations occurred or suit may be brought by any citizen of this state. An action for injunction shall be an alternate to crimi…

Any money coming into the custody of the board pursuant to this chapter shall be credited to the South Dakota Board of Social Work Examiners fund established under §

The relations and communications between a licensed behavior analyst and a person consulting a licensed behavior analyst in the person's professional capacity are confidential. Nothing in this chapter may be construed to require the person's confidential communications to be disc…

Any assistant behavior analyst or paraprofessional who delivers applied behavior analysis services under the extended authority and direction of a behavior analyst shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Inve…

No assistant behavior analyst or paraprofessional who has been convicted of a felony or misdemeanor involving moral turpitude as defined in subdivision 22-1-2 (25) during the past five years may deliver applied behavior analysis services under the direction of a behavior analyst.…

The board may promulgate rules, pursuant to chapter 1-26 , that delineate qualifications for licensure, specify requirements for the annual renewal of licensure, establish standards of professional conduct, specify procedures for violations of professional conduct, permit inactiv…

The term, practice of applied behavior analysis, does not include diagnosis, counseling, psychological testing, personality assessment, intellectual assessment, neuropsychological assessment, psychotherapy, cognitive therapy, sex therapy, family therapy, coordination of care, psy…

The Governor shall appoint an applied behavior analyst advisory committee composed of three members. Two of the members shall be behavior analysts licensed under this chapter and the other member shall represent the public and be unaffiliated with the profession. Each committee m…

The provisions of this chapter do not apply to any: (1) Employee of a regionally accredited academic institution while performing teaching, training, or research duties; (2) Provider who is not a resident of this state, and who has established an office in this state, who provide…

No person may represent himself or herself as a behavior analyst, or engage in the practice of, or attempt to practice applied behavior analysis unless licensed pursuant to the provisions of this chapter as an applied behavior analyst or exempted under the provisions of this chap…

The board may grant a license as a behavior analyst to an applicant who: (1) Has earned a master's degree or a doctoral degree; (2) Holds a current certification as a board certified behavior analyst by the Behavior Analyst Certification Board, Inc., or any successor in interest …

The application fee for a license to practice applied behavior analysis shall be set by the board in rules promulgated pursuant to chapter 1-26 . The fee may not exceed three hundred dollars. The applicant shall pay fees for the cost of certification directly to the Behavior Anal…

In applying for licensing, an applicant shall apply on a form prescribed by the board. The application shall be witnessed and notarized by a notary public. The license fee shall accompany the application. The application and all supporting evidence shall be public record as provi…