36-38-25. Criminal background checks of assistant behavior analysts and paraprofessionals.
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 Investigation. The behavior analyst who supervises the assistant behavior analyst or paraprofessional is responsible for any fees charged for the cost of fingerprinting or the criminal background investigation as required by this section. Each criminal record provided to the board under this section is confidential. The board may use the records only in determining an assistant behavior analyst's or paraprofessional's eligibility to be supervised by an applied behavior analyst for the delivery of applied behavior analysis.
Source: SL 2016, ch 199, §25; SL 2019, ch 175, §1.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 38 - Behavior Analysts
Section 36-38-1 - Definitions.
Section 36-38-2 - Conduct included within practice of applied behavior analysis.
Section 36-38-3 - Conduct not included within practice of applied behavior analysis.
Section 36-38-4 - Applied behavior analyst advisory committee--Appointment--Terms--Duties.
Section 36-38-5 - Persons to whom chapter does not apply.
Section 36-38-6 - License required to practice as behavior analyst.
Section 36-38-7 - Qualifications for licensure.
Section 36-38-8 - Application fee.
Section 36-38-9 - Application for license.
Section 36-38-10 - Fee for initial licensure.
Section 36-38-11 - Code of ethics.
Section 36-38-12 - Grounds for denial, revocation, suspension, or cancellation of license.
Section 36-38-13 - Commencement of proceedings for cancellation or revocation of license.
Section 36-38-14 - Hearing on cancellation or revocation of license--Decision.
Section 36-38-15 - Administrative procedure for cancellation or revocation of license.
Section 36-38-17 - Reinstatement of license.
Section 36-38-18 - Record of licensees.
Section 36-38-19 - Practice without license--Misdemeanor.
Section 36-38-20 - Duties of board.
Section 36-38-21 - Investigation of suspected violations--Prosecution of violations.
Section 36-38-22 - Injunction--Election of injunction or criminal action.
Section 36-38-23 - Money credited to board of social work examiners fund.
Section 36-38-24 - Confidentiality of consultation with behavior analyst.
Section 36-38-25 - Criminal background checks of assistant behavior analysts and paraprofessionals.
Section 36-38-26 - Certain assistant behavior analysts and paraprofessionals ineligible.