ENTITLED An Act to revise certain provisions regarding professional counselors.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added:
36-32-47. Definitions.
Terms used in this chapter mean:
(1) "Board," the Board of Examiners for Counselors and Marriage and Family Therapists;
(2) "Counselor educator," a professional counselor engaged primarily in developing, implementing, and supervising the educational preparation of professional counselors;
(3) "Counseling," the diagnosis and treatment of mental illness or mental and emotional disorders; individual, group, and marriage and family counseling, and psychotherapy; assessment; crisis intervention; counseling and consulting to facilitate normal growth and development; psychoeducational techniques aimed at the prevention of mental and emotional disorders; consultations with individuals, couples, families, groups, organizations, and communities; and clinical research;
(4) "Counseling treatment interventions," the application of cognitive, affective, behavioral, and systemic counseling strategies that include principles of development, wellness, and pathology, implemented in the context of a professional counseling relationship;
(5) "Doctoral or master's degree in counseling," completion of study following a bachelor's degree in a clearly identified counseling program that stands as a recognizable organizational entity within an approved accredited institution of higher learning;
(6) "Licensee," a person who holds a license to practice counseling;
(7) "Postgraduate supervision," a period of supervision following the completion of a master's or doctoral degree;
(8) "Practice of professional counseling," the application of mental health, psychological, and human development principles in order to:
(a) Facilitate human development and adjustment throughout the life span;
(b) Prevent, diagnose, and treat mental, emotional, or behavioral disorders and associated distresses, that interfere with mental health;
(c) Conduct assessments and diagnoses to establish treatment goals and objectives; and
(d) Develop, implement, and evaluate treatment plans using counseling treatment interventions.
Section 2. That a NEW SECTION be added:
36-32-48. Board of Examiners for Counselors and Marriage and Family Therapists--Membership--Appointment and qualifications.
The board consists of nine members appointed by the Governor. Five members shall be professionals actively engaged in professional counseling or marriage and family therapy and be representative of the various disciplines governed by the board. One member shall be a current or retired counselor educator. Three members shall be individuals who are not licensed to practice in a discipline governed by the board.
Section 3. That a NEW SECTION be added:
36-32-49. Term of office--Compensation.
The term of office for each board member is three years and begins on October thirty-first. No member of the board may serve for more than three consecutive full terms. If a person is appointed to fill a vacancy, that service is not counted as a term for purposes of this section.
Each board member shall receive per diem compensation as provided in 4-7-10.4 and expense reimbursement at the same rate as state employees, while engaged in official duties.
Section 4. That a NEW SECTION be added:
36-32-50. Removal for cause--Vacancy.
The Governor may remove a board member for cause. The Governor shall appoint a new member to serve out an unexpired term in the case of a vacancy for any reason.
Section 5. That a NEW SECTION be added:
36-32-51. Meetings--Election of officers.
The board shall meet at least annually, at the time and place designated by the president or by a majority of the board. A majority of the board's members constitutes a quorum for the transaction of business.
The board shall annually elect a president and a vice president from among its members.
Section 6. That a NEW SECTION be added:
36-32-52. Immunity from liability.
The board, board members, and board agents are immune from personal liability for actions taken in good faith in the discharge of the board's duties. The state shall hold the board, board members, and board agents harmless from all costs, damages, and attorney fees arising from claims and suits against them with respect to matters to which the immunity applies.
Section 7. That a NEW SECTION be added:
36-32-53. Board within Department of Social Services.
The board exists within the Department of Social Services. The board shall exercise all prescribed functions, including administrative functions. The board shall provide records, information, and reports to the secretary of the Department of Social Services at the time and in the manner requested by the secretary.
Section 8. That a NEW SECTION be added:
36-32-54. Moneys received by board--Fund--Deposit--Continuous appropriation.
The board shall forward all moneys received under the provisions of this chapter to the state treasurer for deposit in the Board of Examiners for Counselors and Marriage and Family Therapists fund hereby created in the state treasury. Moneys in the account are appropriated on a continuing basis to the board for the purpose of carrying out this chapter. Any expenditures shall be paid on warrants drawn by the state auditor and approved by the board or by an officer of the board. The total expenses may not exceed the total moneys collected by the board under the provisions of this chapter.
For purposes of this chapter, the board may accept gifts, grants, and donations.
Section 9. That a NEW SECTION be added:
36-32-55. Duties of board.
The board shall:
(1) Administer, coordinate, and enforce the provisions of this chapter and chapter 36-33;
(2) Establish educational, training, examination, and competency standards for professional counselors and licensees under this chapter and chapter 36-33;
(3) Establish standards for the safe and qualified practice of counseling and marriage and family therapy;
(4) Evaluate the qualifications of applicants for licensure and issue and renew licenses and permits under this chapter and chapter 36-33;
(5) Establish standards and responsibilities for post-graduate board approved supervision for candidates for licensure under this chapter and chapter 36-33;
(6) Adopt ethical standards for the practice of counseling and marriage and family therapy;
(7) Establish competency standards and responsibilities for post-graduate board-approved supervisors under this chapter and chapter 36-33;
(8) Maintain the names of persons who meet the qualifications for a license or permit under this chapter and chapter 36-33;
(9) Conduct all disciplinary proceedings under this chapter and chapter 36-33;
(10) Maintain a record of each complaint received by the board;
(11) Establish reasonable requirements regarding reentry into practice of inactive practitioners and the reinstatement of previously licensed practitioners under this chapter and chapter 36-33;
(12) Establish continuing education and continuing competency requirements for licensees and permit holders under this chapter and chapter 36-33 and the procedures for verifying compliance with the established requirements;
(13) Establish standards for the practice of distance counseling and distance marriage and family therapy;
(14) Communicate license and permit actions and status to relevant state and federal governing bodies, as required by law, or as the board determines is appropriate; and
(15) Employ personnel in accordance with the needs and budget of the board and enter into contracts as necessary to carry out the board's responsibilities under this chapter.
Section 10. That a NEW SECTION be added:
36-32-56. Standards and procedures--Promulgation of rules.
The board may promulgate rules, pursuant to chapter 1-26, to set standards for professional practice and establish procedures for application, professional practice, licensure, eligibility, renewals, ethical standards, continuing education, supervision, and examination of an applicant for and a holder of licensure as a licensed professional counselor, licensed professional counselor--mental health, and licensed marriage and family therapist.
Section 11. That a NEW SECTION be added:
36-32-57. Display of license.
Each license issued by the board under this chapter, shall be conspicuously displayed by the licensee at the licensee's primary place of practice. Each licensee shall post and keep conspicuously displayed the annual renewal certificate issued by the board.
Section 12. That a NEW SECTION be added:
36-32-58. Unlicensed practice--Violation as misdemeanor.
It is a Class 2 misdemeanor for any person to engage or attempt to engage in the practice of professional counseling, without a license, unless exempted under the provisions of this chapter.
Section 13. That a NEW SECTION be added:
36-32-59. Use of certain titles by unlicensed persons--Prohibition.
Unless licensed in accordance with the provisions of this chapter, no person may use the titles: licensed clinical mental health counselor, licensed clinical counselor, licensed professional counselor--mental health, licensed professional counselor, or licensed counselor, or any similar title.
Section 14. That a NEW SECTION be added:
36-32-60. Fraudulent or misleading advertising--Violation as misdemeanor.
No advertising regarding the practice of counseling may be fraudulent or misleading. A violation of this section is a Class 1 misdemeanor.
Section 15. That a NEW SECTION be added:
36-32-61. Performing services outside of scope--Prohibition.
No licensee may perform counseling services that are outside the scope of the licensee's relevant education, training, and experience.
Section 16. That a NEW SECTION be added:
36-32-62. Enforcement of chapter.
The board may use board staff or employ or contract with an agent or investigator to assist in enforcing this chapter or any rule promulgated by the board.
If it appears to the board that a person is violating any provision of this chapter or any rule promulgated under this chapter, the board may, in the board's name or in the name of the state, bring an action in the circuit court of any county in which jurisdiction is proper, to enjoin the action, practice, or violation, and to enforce compliance with this chapter, or any rule promulgated under this chapter. Criminal proceedings shall be prosecuted by the Office of the Attorney General or by a person designated by the attorney general and retained by the board as provided in this chapter.
Section 17. That a NEW SECTION be added:
36-32-63. Assistance in enforcement--Expenditures--Employment of attorney.
The board and board members and officers shall assist any person charged with the enforcement of this chapter. The board, board members, and officers shall furnish evidence to assist in the prosecution of any violation or enforcement, and the board may make a reasonable expenditure for that purpose. The board may employ an attorney designated by the attorney general. The board shall determine the compensation and period of service of the attorney and pay the attorney out of the board's funds.
Section 18. That a NEW SECTION be added:
36-32-64. Professional counselor--Application--Requirements.
An applicant for a license as a professional counselor shall file an application, in the manner prescribed by the board, together with the application fee prescribed by the board in accordance with 36-32-92. The board may issue a license as a professional counselor to an applicant who pays the license fee and demonstrates that:
(1) The applicant has received a master's or a doctoral degree, consisting of at least forty-eight credit hours in counseling from an accredited counseling program recognized by the board