Title 36 — PROFESSIONS AND OCCUPATIONS
68 chapters · 2,167 sections in this title.
SDCL § 36-38-19 Practice without license--Misdemeanor
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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.
SDCL § 36-38-2 Conduct included within practice of applied behavior analysis
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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…
SDCL § 36-38-20 Duties of board
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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…
SDCL § 36-38-21 Repealed
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Source: SL 2016, ch 199 , § 21; SL 2021, ch 168 , §§ 47, 48.
SDCL § 36-38-22 Injunction--Election of injunction or criminal action
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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…
SDCL § 36-38-23 Money credited to board of social work examiners fund
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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 §
SDCL § 36-38-24 Confidentiality of consultation with behavior analyst
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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…
SDCL § 36-38-25 Criminal background checks of assistant behavior analysts and paraprofessionals
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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…
SDCL § 36-38-26 Certain assistant behavior analysts and paraprofessionals ineligible
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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.…
SDCL § 36-38-27 Promulgation of rules
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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…
SDCL § 36-38-3 Conduct not included within practice of applied behavior analysis
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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…
SDCL § 36-38-4 Applied behavior analyst advisory committee--Appointment--Terms--Duties
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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…
SDCL § 36-38-5 Persons to whom chapter does not apply
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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…
SDCL § 36-38-6 License required to practice as behavior analyst
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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…
SDCL § 36-38-7 Qualifications for licensure
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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 …
SDCL § 36-38-8 Application fee
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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…
SDCL § 36-38-9 Application for license
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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…