ENTITLED An Act to adopt the interstate counseling licensure compact and revise educational requirements to comply with the compact.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 36-32-64 be AMENDED:
36-32-64. 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:
(a) Forty-eight credit hours in counseling from an accredited counseling program recognized by the board, if the applicant began the program before July 1, 2024; or
(b) Sixty credit hours in counseling from an accredited counseling program recognized by the board, if the applicant began the program on or after July 1, 2024;
(2) The applicant has passed the National Counselor Examination administered by the National Board for Certified Counselors;
(3) Within the four years preceding the application, the applicant completed two thousand hours of postgraduate supervision, in a manner prescribed by the board, in counseling under a plan of supervision approved by the board;
(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 provision of this chapter or any rule promulgated under this chapter.
The board may refuse to grant 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 2. That chapter 36-32 be amended with a NEW SECTION:
Notwithstanding subsection 36-32-64(1)(b), the board may issue a license as a professional counselor to an applicant who has received a master's or a doctoral degree, consisting of less than sixty credit hours but no less than forty-eight credit hours in counseling, from an accredited counseling program recognized by the board, if the applicant otherwise satisfies the requirements for licensure in 36-32-64.
An applicant who is issued a license as a professional counselor under this section is not eligible to participate in the counseling licensure compact adopted by section 7 of this Act.
Section 3. That 36-32-65 be AMENDED:
36-32-65. An applicant for a license as a professional counselor--mental health 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--mental health to an applicant who pays the license fee and demonstrates that:
(1) The applicant has obtained licensure as a professional counselor under 36-32-64;
(2) The applicant has received a master's or a doctoral degree, consisting of at least:
(a) Forty-eight credit hours in counseling, if the applicant began the program before July 1, 2024; or
(b) Sixty credit hours in counseling, if the applicant began the program on or after July 1, 2024;
(3) The applicant's master's or doctoral degree is from a counseling program approved by the Council for Accreditation of Counseling and Related Educational Programs or an equivalent program, with an emphasis on mental health counseling as demonstrated by studies in the following areas:
(a) The general principles and practices of etiology, diagnosis, treatment, and prevention of mental and emotional disorders and dysfunctional behavior;
(b) The general principles and practices for the promotion of optimal mental health;
(c) The specific models and methods for assessing mental status;
(d) The identification of mental illness or abnormal, deviant, or psychopathologic behavior by obtaining appropriate behavioral data using a variety of techniques, including nonprojective personality assessments and achievement, aptitude, and intelligence testing, and translating findings into the Diagnostic and Statistical Manual of Mental Disorders;
(e) The specific theories of psychotherapy for initiating, maintaining, and terminating therapy with a mentally and emotionally impaired client or a client with disabilities in a variety of settings using a variety of modalities, including crisis intervention, brief, intermediate, and long-term modalities;
(f) The basic classification, indications, and contraindications of the commonly prescribed psychopharmacological medications for the purpose of identifying the effects and side effects of prescribed psychotropic medications;
(g) The guidelines for conducting an intake interview and mental health history for planning and managing of client caseload; and
(h) The specific concepts and ideas related to mental health education, outreach, prevention, and mental health promotion;
(4) The applicant has passed the National Clinical Mental Health Counseling Examination administered by the National Board for Certified Counselors;
(5) Within the four years preceding the application, the applicant completed two thousand hours of direct client contact postgraduate supervision in counseling, in a manner prescribed by the board, under a plan of supervision approved by the board;
(6) The applicant has no pending disciplinary proceeding or unresolved disciplinary complaint;
(7) The applicant is of good moral character; and
(8) The applicant is not in violation of any provision of this chapter or any rule promulgated under this chapter.
The board may refuse to grant a license to an applicant who fails to meet the requirements of this section.
Notwithstanding the provisions of subdivision (5), 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 (7), 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 4. That chapter 36-32 be amended with a NEW SECTION:
Notwithstanding subsection 36-32-65(2)(b), the board may issue a license as a professional counselor--mental health to an applicant who has received a master's or a doctoral degree, consisting of less than sixty credit hours but no less than forty-eight credit hours in counseling, if the applicant otherwise satisfies the requirements for licensure in 36-32-65.
An applicant who is issued a license as a professional counselor--mental health under this section is not eligible to participate in the counseling licensure compact adopted by section 7 of this Act.
Section 5. That a NEW SECTION be added to chapter 36-32:
The board shall implement procedures for the completion of a state and federal fingerprint-based criminal background check for a licensee seeking to participate in the counseling licensure compact adopted by section 7 of this Act. The licensee must pay any fee for the cost of fingerprinting or conducting the background check.
Section 6. That a NEW SECTION be added to title 36:
An individual licensed as a professional counselor, in accordance with 36-32-64, or a professional counselor--mental health, in accordance with 36-32-65, before July 1, 2024, or an individual practicing under a board-approved plan of supervision in accordance with chapter 36-32 before July 1, 2024, is eligible to participate in the counseling licensure compact adopted by section 7 of this Act.
Section 7. That a NEW SECTION be added to title 36:
COUNSELING LICENSURE COMPACT
SECTION 1. PURPOSE
The purpose of this Compact is to facilitate interstate practice of Licensed Professional Counselors with the goal of improving public access to Professional Counseling services. The practice of Professional Counseling occurs in the State where the client is located at the time of the counseling services. The Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure.
This Compact is designed to achieve the following objectives:
A. Increase public access to Professional Counseling services by providing for the mutual recognition of other Member State licenses;
B. Enhance the States ability to protect the public s health and safety;
C. Encourage the cooperation of Member States in regulating multistate practice for Licensed Professional Counselors;
D. Support spouses of relocating Active Duty Military personnel;
E. Enhance the exchange of licensure, investigative, and disciplinary information among Member States;
F. Allow for the use of Telehealth technology to facilitate increased access to Professional Counseling services;
G. Support the uniformity of Professional Counseling licensure requirements throughout the States to promote public safety and public health benefits;
H. Invest all Member States with the authority to hold a Licensed Professional Counselor accountable for meeting all State practice laws in the State in which the client is located at the time care is rendered through the mutual recognition of Member State licenses;
I. Eliminate the necessity for licenses in multiple States; and
J. Provide opportunities for interstate practice by Licensed Professional Counselors who meet uniform licensure requirements.
SECTION 2. DEFINITIONS
As used in this Compact, and except as otherwise provided, the following definitions shall apply:
A. Active Duty Military means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211.
B. Adverse Action means any administrative, civil, equitable or criminal action permitted by a State s laws which is imposed by a licensing board or other authority against a Licensed Professional Counselor, including actions against an individual s license or Privilege to Practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee s practice, or any other Encumbrance on licensure affecting a Licensed Professional Counselor s authorization to practice, including issuance of a cease and desist action.
C. Alternative Program means a non-disciplinary monitoring or practice remediation process approved by a Professional Counseling Licensing Board to address Impaired Practitioners.
D. Continuing Competence/Education means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.
E. Counseling Compact Commission or Commission means the national administrative body whose membership consists of all States that have enacted the Compact.
F. Current Significant Investigative Information means:
1. Investigative Information that a Licensing Board, after a preliminary inquiry that includes notification and an opportunity for the Licensed Professional Counselor to respond, if required by State law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
2. Investigative Information that indicates that the Licensed Professional Counselor represents an immediate threat to public health and safety regardless of whether the Licensed Professional Counselor has been notified and had an opportunity to respond.
G. Data System means a repository of information about Licensees, including, but not limited to, continuing education, examination, licensure, investigative, Privilege to Practice and Adverse Action information.
H. Encumbered License means a license in which an Adverse Action restricts the practice of licensed Professional Counseling by the Licensee and said Adverse Action has been reported to the National Practitioners Data Bank (NPDB).
I. Encumbrance means a revocation or suspension of, or any limitation on, the full and unrestricted practice of Licensed Professional Counseling by a Licensing Board.
J. Executive Committee means a group of directors el