Title 36, PROFESSIONS AND OCCUPATIONS

The provisions of this chapter do not apply to the activities and services of a person practicing marriage and family therapy as part of the person's duties if the person is: (1) An employee of an accredited educational institution, or a federal, state, county, or local governmen…

No cause of action may arise against any licensed marriage and family therapist for failing to warn of and protect others from a client's threatened violent behavior or for failing to predict, warn of, and protect others from a client's violent behavior except if the client has c…

No licensee or an employee of a licensee may disclose information 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 law or authorized under the Health Insurance …

If both parties to a marriage have obtained marriage and family therapy from a licensed marriage and family therapist, the therapist may not testify in an alimony or divorce action concerning information acquired in the course of the therapeutic relationship. This section does no…

The board shall receive complaints regarding the enforcement of the provisions of this chapter pursuant to the procedures set forth in chapter 36-1C. A record of each complaint shall be maintained by the board. Notwithstanding chapter 36-1C, the investigator, if a member of the b…

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 marriage and family therapy is practiced for the purpose of enforcing the provision…

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 under any other provision of law and is not admissible as evidence in any legal proceeding, unless the compl…

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

Proceedings for the suspension, revocation, or cancellation of a license may be initiated if the board has information that any licensee may have engaged in any unprofessional or dishonorable conduct, as described in § 36-33-61 , or violated this chapter or any rule promulgated u…

If the board finds that a person, entity, licensee, or permit holder has engaged in any unprofessional or dishonorable conduct, as described in § 36-33-61 , 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 l…

All proceedings regarding the suspension, revocation, or cancellation of a license 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 166 , § 32.

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 166 , § 33.

The board shall investigate and report an alleged violation of any provision of this chapter. The board may employ special counsel subject to the supervision, control, and direction of the attorney general to assist in the prosecution of alleged criminal violations and may expend…

Any person who violates any provision of this chapter may be enjoined from further violations at the suit of the state's attorney of the county where the violations occurred. In the alternative, a suit may be brought by any resident of this state. Source: SL 2020, ch 166 , § 35.

Any person who practices marriage and family therapy through electronic means and provides marriage and family therapy services to a patient located in this state is engaged in the practice of marriage and family therapy in this state regardless of the provider's physical locatio…

The board shall promulgate rules, pursuant to chapter 1-26 , to establish: (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; (4) An inactive licen…

The board may promulgate rules, pursuant to chapter 1-26 , to: (1) Set standards for professional practice; and (2) Establish procedures for application, licensure, eligibility, renewals, continuing education, supervision, and the examination of an applicant for and a holder of l…

Any person licensed as a marriage and family therapist under § 36-33-9 before June 30, 2020, is licensed as a marriage and family therapist pursuant to the provisions of §§ 36-33-34 to 36-33-72, inclusive. Source: SL 2020, ch 166 , § 39.

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) Maintain responsibility for all disciplinary proceedings under this chapter; (2) Examine, or cause to be examined, for competency, eligible applicants for recognition, certification, or licensure to practice addiction counseling and prevention services; (3) I…

The board shall promulgate rules, pursuant to chapter 1-26 , to establish: (1) Recognition, certification, and licensure requirements for practitioners related to qualifying education, examinations, and work experience; (2) Requirements for the supervision of candidates for recog…

No person may represent oneself as a licensed or certified addiction counselor, addiction counselor trainee, addiction counselor supervisee, certified prevention specialist, prevention specialist trainee, prevention specialist supervisee, peer support specialist, peer support spe…

The board may renew a recognition if the practitioner: (1) Submits an application to the board for renewal before the expiration of the recognition; (2) Pays the required renewal fee; and (3) Provides documentation of accumulated work, supervision, or education hours, as required…

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 or license to any person who, at the time of application, is certified or licensed in another state or territory of the United States that imposes substantially the same requirements as this chapter and who has taken and passed an examination sim…

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…

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…

The board shall regulate addiction counseling and prevention services practitioners in this state for the purposes of ensuring competency of practitioners, compliance with national examination requirements, and the safety of the public. Source: SL 2026, ch 163 , § 2.

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 recognition, certification, or license to practice for an indefinite length of time; (2) Suspend…

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…