Title 36, PROFESSIONS AND OCCUPATIONS

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.

The board shall implement procedures for the completion of a state and federal fingerprint-based criminal background check for a licensee seeking to participate in the counseling licensure compact adopted by § 36-32A-2 . The licensee must pay any fee for the cost of fingerprintin…

An individual licensed as a professional counselor, in accordance with § 36-32-64 , or a professional counselor--mental health, in accordance with § 36-32-65 , before July 1, 2024, or an individual practicing under a board-approved plan of supervision in accordance with chapter 3…

COUNSELING LICENSURE COMPACT SECTION 1. PURPOSE The purpose of this Compact is to facilitate interstate practice of Licensed Professional Counselors with the goal of improving public access to Professional Counseling services. The practice of Professional Counseling occurs in the…

Terms used in this chapter mean: (1) "Board," the Board of Examiners for Counselors and Marriage and Family Therapists; (2) "Licensee," a person who holds a license to practice marriage and family therapy; (3) "Practice of marriage and family therapy," the rendering of profession…

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

It is a Class 2 misdemeanor for any person to engage or attempt to engage in the practice of marriage and family therapy, without a license, unless exempted under the provisions of this chapter. Source: SL 2020, ch 166 , § 3.

Unless licensed in accordance with the provisions of this chapter, no person may use the titles: marital therapist, marriage counselor, family therapist, licensed marital therapist, licensed marriage counselor, licensed family therapist, or licensed marriage and family therapist,…

No advertising regarding the practice of marriage and family therapy may be fraudulent or misleading. A violation of this section is a Class 1 misdemeanor. Source: SL 2020, ch 166 , § 5.

No licensee may perform marriage and family therapy services outside the scope of the licensee's relevant education, training, and experience. Source: SL 2020, ch 166 , § 6.

Nothing in this chapter may be construed to prevent any other qualified professional, including a clinical social worker, psychiatric nurse, professional counselor, clinical and counseling psychologist, physician, or member of the clergy, from performing or advertising the perfor…

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

The board and board members and officers shall assist any person charged with the enforcement of the provisions of this chapter. The board, board members, agents, and officers shall furnish evidence to assist in the prosecution of any violation or enforcement, and the board may m…

An applicant for a license as a marriage and family therapist shall file an application, in the manner prescribed by the board, together with the application fee prescribed by the board in accordance with § 36-33-70. The board shall issue a license as a marriage and family therap…

If the board suspects that the physical or mental health of an 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 pu…

Notwithstanding any other provisions of this chapter, the board may issue a license as a marriage and family therapist to an applicant who is licensed to practice marriage and family therapy in another state or territory of the United States, if the applicant demonstrates that: (…

If a marriage and family therapist licensed in another state or territory of the United States has not passed the national examination required by the board for licensure by endorsement, the board may provide the applicant with a temporary license to practice for up to ninety day…

Any person practicing under a temporary license is subject to supervision and discipline by the board, in the same manner as any other person licensed under this chapter. A person practicing under a temporary license submits to the jurisdiction of the board. Source: SL 2020, ch 1…

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 166 , § 15.

Any license issued under the provisions of this chapter is valid until November thirtieth of the next even-numbered year following the date of issuance. A license expires automatically, unless it is renewed. Source: SL 2020, ch 166 , § 16.