South Dakota Codified Laws
Chapter 32 - Professional Counselors
Section 36-32-47 - Definitions.

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.

Source: SL 2020, ch 165, ยง 1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 36 - Professions and Occupations

Chapter 32 - Professional Counselors

Section 36-32-47 - Definitions.

Section 36-32-48 - Board of Examiners for Counselors and Marriage and Family Therapists--Membership--Appointment and qualifications.

Section 36-32-49 - Term of office--Compensation.

Section 36-32-50 - Removal for cause--Vacancy.

Section 36-32-51 - Meetings--Election of officers.

Section 36-32-52 - Immunity from liability.

Section 36-32-53 - Board within Department of Social Services.

Section 36-32-54 - Moneys received by board--Fund--Deposit--Continuous appropriation.

Section 36-32-55 - Duties of board.

Section 36-32-56 - Standards and procedures--Promulgation of rules.

Section 36-32-57 - Display of license.

Section 36-32-58 - Unlicensed practice--Violation as misdemeanor.

Section 36-32-59 - Use of certain titles by unlicensed persons--Prohibition.

Section 36-32-60 - Fraudulent or misleading advertising--Violation as misdemeanor.

Section 36-32-61 - Performing services outside of scope--Prohibition.

Section 36-32-62 - Enforcement of chapter.

Section 36-32-63 - Assistance in enforcement--Expenditures--Employment of attorney.

Section 36-32-64 - Professional counselor--Application--Requirements.

Section 36-32-65 - Licensed professional counselor--Mental health--Application--Requirements.

Section 36-32-66 - Examination of applicant's physical or mental health.

Section 36-32-67 - Applicants licensed out-of-state--Licensure requirements.

Section 36-32-68 - Applicants licensed out-of-state--Temporary license.

Section 36-32-69 - Person practicing under temporary license--Board supervision and discipline.

Section 36-32-70 - Change of name or address--Notice to board.

Section 36-32-71 - Term of license.

Section 36-32-72 - Renewal of license.

Section 36-32-73 - Continuing education for license renewal.

Section 36-32-74 - Inactive license--Reactivation.

Section 36-32-75 - Expired license--Reactivation.

Section 36-32-76 - Inapplicability of chapter to certain activities and services.

Section 36-32-77 - Client's violent behavior--Duty to warn.

Section 36-32-78 - Privileged information--Exceptions.

Section 36-32-79 - Testimony by counselor--Alimony or divorce action.

Section 36-32-80 - Complaints--Investigation--Dismissal--Hearing--Appeal.

Section 36-32-81 - Inspection of premises--Purposes.

Section 36-32-82 - Discovery--Evidence in contested cases--Civil actions.

Section 36-32-83 - Revocation of license--Grounds.

Section 36-32-84 - Revocation proceedings--Initiation.

Section 36-32-85 - Violation of chapter--Sanctions.

Section 36-32-86 - Suspension of license or registration--Grounds--Hearing--Appeal.

Section 36-32-87 - Conformity of revocation proceedings--Appeal.

Section 36-32-88 - Reinstatement of license.

Section 36-32-89 - Violations reported to law enforcement officials--Prosecution of violations.

Section 36-32-90 - Action for injunction.

Section 36-32-91 - Counseling services through electronic means--Requirements.

Section 36-32-92 - Fees--Promulgation of rules.

Section 36-32-93 - Professional counselors--Continuation of licenses.

Section 36-32-94 - Professional counselor--mental health--Continuation of licenses.