Title 36 — PROFESSIONS AND OCCUPATIONS

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.

Source: SL 1995, ch 227 , § 5; SL 2020, ch 166 , § 41.

Any licensee holding a license issued under the provisions of 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 …

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 a 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 proo…

An expired license may be reactivated within the four-year period following its expiration if the applicant: (1) Pays any applicable renewal fee required for the period of expiration; (2) Provides proof of any continuing education required for the period of expiration; and (3) Pr…

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…

Source: SL 1995, ch 227 , § 6; SL 2020, ch 166 , § 41.

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…

Source: SL 1995, ch 227 , § 7; SL 2020, ch 166 , § 41.

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.

Source: SL 1995, ch 227 , § 8; SL 2020, ch 166 , § 41.

Source: SL 1995, ch 227 , § 9; SL 1998, ch 241 , § 1; SL 2008, ch 191 , § 75; SL 2020, ch 166 , § 41. 36-33-10. Repealed by SL 1998, 241, § 2.

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…