ENTITLED An Act to revise certain provisions regarding marriage and family therapists.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added:
36-33-34. Definitions.
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 professional marriage and family therapy services to individuals, family groups, and marital pairs, one-on-one or in groups, whether the services are offered directly to the general public or through organizations, either public or private, for compensation, including the diagnosis and treatment of nervous and mental disorders through the application of systemic theory and technique, whether cognitive, affective, or behavioral, within the context of marriage and family systems.
Section 2. That a NEW SECTION be added:
36-33-35. Display of license.
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.
Section 3. That a NEW SECTION be added:
36-33-36. Unlicensed practice--Violation as misdemeanor.
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.
Section 4. That a NEW SECTION be added:
36-33-37. Use of certain titles by unlicensed persons--Prohibition.
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, or any other similar title.
Section 5. That a NEW SECTION be added:
36-33-38. Fraudulent or misleading advertising--Violation as misdemeanor.
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.
Section 6. That a NEW SECTION be added:
36-33-39. Performing services outside of scope--Prohibition.
No licensee may perform marriage and family therapy services outside the scope of the licensee's relevant education, training, and experience.
Section 7. That a NEW SECTION be added:
36-33-40. Inapplicability of chapter to certain professionals.
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 performance of marriage and family therapy consistent with the accepted standards of that person's profession, if the person does not use a title or description stating or implying that the person is licensed to practice marriage and family therapy under this chapter.
Section 8. That a NEW SECTION be added:
36-33-41. Enforcement of chapter.
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 any rule promulgated under this chapter, the board may, in the board's name or in the name of the state, in the circuit court in any county in which jurisdiction is proper, bring an action to enjoin the act, practice, or violation and to enforce compliance with the provisions of this chapter, or any rule promulgated under this chapter, as an alternative to criminal proceedings. 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 9. That a NEW SECTION be added:
36-33-42. Assistance in enforcement--Expenditures--Employment of attorney.
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 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 10. That a NEW SECTION be added:
36-33-43. Marriage and family therapist--Application--Requirements.
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 therapist 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 marriage and family therapy, from an accredited marriage and family therapy program recognized by the board, or an equivalent course of study approved by the board;
(2) The applicant has passed a standardized national examination approved by the board;
(3) Within the four-year period preceding the application, the applicant completed one thousand seven hundred hours of supervised experience in marriage and family therapy under a plan of supervision approved by the board subsequent to the applicant receiving an acceptable degree;
(4) The applicant has no pending disciplinary proceeding or unresolved disciplinary complaint;
(5) The applicant is of good moral character; and
(6) The applicant is not in violation of any of the provisions of this chapter or any rules promulgated under this chapter.
The board may refuse to issue a license to an applicant who fails to meet the requirements of this section.
Notwithstanding the provisions of subdivision (3), the board may grant a license to an applicant who does not complete the required postgraduate supervision within four years of the application upon the applicant s show of good cause for exceeding the time limit.
Notwithstanding the provisions of subdivision (5), the board may grant a license to an applicant who has been convicted of or pled guilty to a felony, to any crime involving or relating to the practice of counseling, or to any crime involving dishonesty or moral turpitude if the board determines that the applicant does not constitute a risk to public safety. An applicant may appeal the denial of a license in accordance with chapter 1-26.
Section 11. That a NEW SECTION be added:
36-33-44. Examination of applicant's physical or mental health.
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 pursuant to title 36. The board shall pay all costs of the examination.
If after a hearing in accordance with chapter 1-26 the board finds by clear and convincing evidence that the applicant's physical or mental health may jeopardize or endanger anyone who seeks services from the applicant, the board may deny the license.
Section 12. That a NEW SECTION be added:
36-33-45. Applicants licensed out-of-state--Licensure requirements.
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:
(1) The applicant is currently licensed as a marriage and family therapist and has been under the jurisdiction of the licensing authority in the other jurisdiction for at least three years before the time of submitting an application to the board;
(2) The applicant is in good standing with the licensing authority in the other jurisdiction;
(3) The applicant has been in an active practice during the three-year period before the time of submitting an application to the board;
(4) The applicant passed a standard national examination approved by the board; and
(5) The applicant has no record of unprofessional conduct or any pending disciplinary complaints in the other jurisdiction.
For purposes of this section, the term, active practice, means at least one thousand five hundred hours of clinical experience.
Section 13. That a NEW SECTION be added:
36-33-46. Applicant licensed out-of-state--Temporary license.
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 days, if the applicant demonstrates that:
(1) The applicant is currently licensed as a marriage and family therapist and has been under the jurisdiction of the licensing authority in the other jurisdiction for at least three years before the time of submitting an application to the board;
(2) The applicant is in good standing with the licensing authority in the other jurisdiction;
(3) The applicant has been in an active practice during the three-year period before the time of submitting an application to the board; and
(4) The applicant has no record of unprofessional conduct or any pending disciplinary complaints in the other jurisdiction.
For purposes of this section, the term, active practice, means at least one thousand five hundred hours of clinical experience.
An applicant for a temporary license shall submit an application on a form approved by the board, along with the application fee and a temporary license fee prescribed by the board. The board shall issue a temporary license as a marriage and family therapist to an applicant who meets the requirements of this section and pays the required fees. A temporary license automatically expires upon the applicant's passage of the required national examination or at the conclusion of the term for which the license was issued, whichever occurs first. A temporary license may only be renewed once.
Section 14. That a NEW SECTION be added:
36-33-47. Person practicing under temporary license--Board supervision and discipline.
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.
Section 15. That a NEW SECTION be added:
36-33-48. Change of name or address--Notice to board.
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.
Section 16. That a NEW SECTION be added:
36-33-49. Term of license.
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.
Section 17. That a NEW SECTION be added:
36-33-50. Renewal of license.
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 prescribed by the board. If a licensee fails to renew a license on or before the thirtieth day of November in an even-numbered year, the license is automatically suspended.
The board shall notify the licensee that a renewal application has not been received by the board and that the licensee may not practice counseling. Any person who submits a license renewal application and provides proof of compliance with the continuing education requirements set by the board within thirty days after the expiration date may be granted a license renewal.
Section 18. That a NEW SECTION be added:
36-33-51. Continuing education for license renewal.
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 less than two years shall, during that initial licensure period, complete a prorated number of hours of continuing education, in a manner and with an instructor approved by the board.
The required continuing education hours may be obtained through electronic means. The board may extend or waive the continuing education requirements for a licensee upo