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CHAPTER 36-27A

PSYCHOLOGISTS

36-27A-1      Definitions.
36-27A-2      Exempt persons.
36-27A-3      Board of examiners-Number of members--Qualifications--Appointment.
36-27A-4, 36-27A-5. Repealed.
36-27A-6      Terms of board members.
36-27A-7      Removal of board members--Vacancies--Limitation of successive terms.
36-27A-8      Meetings of board--Election of officers--Records of meetings.
36-27A-9      Board within Department of Social Services--Department providing administrative functions--Expenses--Reports.
36-27A-10      Representations as psychologist restricted.
36-27A-11      License of another state.
36-27A-12      Qualifications for license.
36-27A-12.1      Provisional license.
36-27A-13      Exemption from doctoral degree requirement.
36-27A-14      Exemption from examination requirement.
36-27A-15      Exemption from internship requirement.
36-27A-16      Residence requirement for exemptions.
36-27A-17      American Board of Professional Psychology diploma--Exemption from license requirement.
36-27A-18      Demonstration of competence required--Variation by board.
36-27A-19      Fee for application.
36-27A-20      Reexamination after failure to pass--Additional fee.
36-27A-21      Application for license--Forms--Verification--Fee--Supporting evidence.
36-27A-22      Examinations--Time and place--Type.
36-27A-22.1      Fee for initial licensure.
36-27A-23      License contents--Signature--Seal--Display.
36-27A-23.1      Certain healing arts practitioners to participate in alternate health care delivery systems.
36-27A-24      Renewal of license--Fee--Forfeiture--Restoration.
36-27A-25      Code of ethics.
36-27A-26      Continuing education required--Records--Reports.
36-27A-27      Recommendations of civil action against violations.
36-27A-28      Revocation or suspension of license--Grounds.
36-27A-29      Proceedings for suspension or revocation--Reissuance.
36-27A-29.1      Special fee to pay for cost of disciplinary actions.
36-27A-30      Majority vote required for suspension or revocation.
36-27A-31      Appeals from board action.
36-27A-32      Reinstatement of license--Procedure.
36-27A-33      Enjoining or restraining violations.
36-27A-34      Investigation and prosecution of violations.
36-27A-34.1      Dismissal of frivolous or unfounded complaint--Complaint may be expunged from licensee's record.
36-27A-35      Record of licensees maintained--Certified copies as evidence--Fee for copies.
36-27A-36      Compensation of board members.
36-27A-37      Disposition of receipts by board--Special account--Appropriation--Limitation of expenses.
36-27A-38      Confidentiality of psychologist-patient relationship and communications.


36-27A-39      Immunity from liability of board members, agents and witnesses.
36-27A-40      Limited liability of members of board or professional society for actions taken to maintain standards--Professional society defined--Official immunity unaffected.


     36-27A-1.   Definitions. Terms used in this chapter, unless the context otherwise requires, mean:
             (1)      "Board," the Board of Examiners of Psychologists established under this chapter;
             (2)      "Program in psychology," a doctoral program, including a doctor of philosophy degree (Ph. D.), a doctor of psychology degree (Psy. D.) and a doctor of education degree (Ed. D.), for training in psychology that meets all of the following criteria:
             (a)      The program offers doctoral education and training in a regionally accredited institution of higher education in the United States, or, in the case of Canadian programs, the institution is recognized by the Association of Universities and Colleges of Canada as a member in good standing;
             (b)      The program, wherever it may be administratively housed, is identified as a psychology program as certified by the educational institution. The board may review the institutional catalogs and brochures to determine the psychological nature of the program;
             (c)      The program must be a recognizable, coherent organizational entity within the institution;
             (d)      There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;
             (e)      The program must be an integrated, organized sequence of study;
             (f)      There must be an identifiable psychology faculty;
             (g)      The program must have an identifiable body of students who are matriculated in that program for the purpose of receiving a degree;
             (h)      The program must include supervised practicum, field or laboratory training in psychology, and a supervised psychology internship pursuant to ARSD 20:60:08:01;
             (i)      The curriculum must encompass a minimum of three academic years of full time graduate study and completion of a psychology internship prior to awarding the doctoral degree. At least two of the three academic training years must be with the institution from which the doctoral degree is granted, and at least one year of which must be in full time residence at that same institution. In addition to instruction in scientific and professional ethics and standards, research design and methodology, statistics and psychometrics, the core program shall require each student to demonstrate competence in each of the four following substantive areas. This may be met by including a minimum of three or more graduate semester hours (five or more graduate quarter hours) in these four substantive content areas:
             (i)      Biological aspects of behavior: physiological psychology, comparative psychology, neuro-psychology, psychopharmacology, psychophysics;
             (ii)      Cognitive-affective aspects of behavior: learning, thinking, motivation, emotion;
             (iii)      Social aspects of behavior: social psychology, community psychology, organizational and systems theory, minority group studies;
             (iv)      Individual differences: personality theory, human development, psychopathology, cultural diversity.
                  In addition to these criteria, the programs shall include course requirements in specialty areas of psychology.
             (3)      "Psychological procedures," include but are not restricted to the application of principles, methods or procedures of understanding, predicting or influencing behavior, such as the principles pertaining to learning, conditioning, perception, motivation, thinking, emotions or interpersonal relationships; the methods or procedures of verbal interaction, interviewing, counseling, behavior modification, environmental manipulation, group process, psychotherapy, biofeedback or hypnosis; and the methods or procedures of administering or interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions or motivation;
             (4)      "Psychologist," a person licensed under this chapter in the practice of psychology who holds himself or herself out to the public by any title or description of services which uses the words psychological, psychology, psychologist, psychometrist, or any derivations thereof;
             (5)      "The practice of psychology," the observation, description, evaluation, interpretation, and modification of human behavior by the application of psychological principles, methods, and procedures for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health. The term includes psychological testing and the evaluation or assessment of personal characteristics, such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning; individual, marital, family, or group counseling; psychotherapy and other therapeutic techniques based on psychological principles; diagnosis and treatment of mental and emotional disorders or disabilities, compulsive disorders, disorders of habit or conduct as well as of the psychological aspects of physical illness, accident, injury, or disability; and psychoeducational evaluation, therapy, remediation, and consultation. The practice of psychology is the rendering of psychological services to individuals, families, groups, and the public and is without regard to whether payment is received for services rendered.

Source: SL 1976, ch 235, § 1; SDCL Supp, § 36-27-1; SL 1981, ch 281, § 1; SL 1995, ch 225, §§ 1, 2; SL 2008, ch 197, § 1.


     36-27A-2.   Exempt persons. The provisions of this chapter do not apply to the following persons:
             (1)      Employees of a regionally accredited academic institution while performing their teaching, training or research duties;
             (2)      Employees working in public or private nonprofit organizations or institutions if they are being supervised by a licensed psychologist. The nature of an acceptable supervisory relationship shall be specified by the Board of Examiners of Psychologists in rules promulgated pursuant to chapter 1-26;
             (3)      Students of psychology, psychology interns or persons preparing for the practice of psychology, if they are designated by the title psychology trainee, psychology intern, or similar title which clearly indicates their training status. Persons engaged in obtaining their one year of supervised postdoctoral psychology practice are also exempt;
             (4)      Persons who are not residents of this state, and who have not established offices in this state, who render psychological services in this state for a period which does not exceed an aggregate of more than twenty days during any one year, if they are authorized under the laws of the state or country of their residence to perform these activities and services. If a provider exceeds ten consecutive days of practice in this state in any calendar year the provider shall report to the board, in writing, the nature and extent of the provider's practice in this state;
             (5)      Persons consulting in the specialty areas of experimental psychology, industrial/organizational psychology, developmental psychology, social psychology, human factors psychology, and research design. Persons, who represent themselves as consulting in these specialty areas, shall notify the board of the general nature of their activities, unless they are otherwise exempted by this section;
             (6)      School psychologists and school psychological examiners certified by the Department of Education practicing and functioning within the scope of their employment if they use the title certified school psychologist or school psychological examiner;
             (7)      Qualified physicians, surgeons, dentists, osteopaths, optometrists, chiropractors, podiatrists, registered nurses, attorneys, court employees, marriage counselors, family counselors, members of the clergy, mental health counselors, school counselors, rehabilitation counselors, employment counselors, guidance counselors, social workers, or licensed professional counselors doing work within the standards and ethics of their respective professions if they do not hold themselves out to the public by any title incorporating the term psychology; or
             (8)      Employers in the normal course of evaluating and assessing the skills, aptitudes, and interests of employees and job applicants.

Source: SL 1976, ch 235, § 3; SDCL Supp, §§ 36-27-4 to 36-27-10; SL 1981, ch 281, § 2; SL 1995, ch 225, §§ 2A, 2B; SL 2008, ch 197, § 2; SL 2010, ch 77, § 25.


     36-27A-3.   Board of examiners-Number of members--Qualifications--Appointment. The Board of Examiners of Psychologists consists of seven members, two of whom shall be lay members. The remaining five members are to be psychologists licensed pursuant to this chapter at the doctoral level for a minimum of two years and broadly representing a cross section of the profession of psychology. The credentials of each psychologist on the board shall be documented and shall be public record as provided in chapter 1-27. The Governor shall appoint all of the members.

Source: SL 1976, ch 235, §§ 4, 7; SDCL Supp, § 36-27-11; SL 1981, ch 281, § 3; SL 2005, ch 199, § 63.


     36-27A-4, 36-27A-5.   Repealed by SL 2005, ch 199, §§ 64, 65.


     36-27A-6.   Terms of board members. Initial appointments to the Board of Examiners of Psychologists shall be for terms of one, two, and three years, respectively, with one member appointed for one year, two members appointed for two years and two members appointed for three years. Thereafter, appointments shall be for terms of three years, beginning on the thirty-first day of October. The appointee's term shall expire on October thirtieth in the third year of appointment.

Source: SL 1976, ch 235, §§ 4, 7; SDCL § 36-27-11; SL 1981, ch 281, § 6; SL 2012, ch 16, § 7.


     36-27A-7.   Removal of board members--Vacancies--Limitation of successive terms. The Governor may remove a member of the Board of Examiners of Psychologists for cause. If there is a vacancy on the board caused by the death, resignation, or removal from the state of a member or for any other reason, the Governor shall appoint a new member to serve the unexpired term. No member of the board may serve for more than three successive full terms. The appointment to an unexpired term is not considered a full term.

Source: SL 1976, ch 235, § 8; SDCL Supp, § 36-27-13; SL 1981, ch 281, § 7; SL 2005, ch 199, § 66.


     36-27A-8.   Meetings of board--Election of officers--Records of meetings. The board shall elect officers annually. The board shall meet at least once a year at a place and time determined by the president of the board. The board secretary is responsible for taking and keeping the minutes of all board meetings.

Source: SL 1976, ch 235, § 9; SDCL Supp, § 36-27-14; SL 1981, ch 281, § 8; SL 2008, ch 197, § 3.


     36-27A-9.   Board within Department of Social Services--Department providing administrative functions--Expenses--Reports. The Board of Examiners of Psychologists is within the Department of Social Services and shall exercise all its prescribed functions. The department shall provide all administrative functions other than those of the board member serving as secretary. The expenses of the department shall be paid from the account established in § 36-27A-37, on vouchers approved by the secretary of social services. The board shall submit records, information and reports in the form and at the time required by the secretary of social services.

Source: SL 1976, ch 235, § 10; SDCL Supp, § 36-27-17; SL 1981, ch 281, § 9; SL 1982, ch 15, § 6; SL 1983, ch 275; SL 2003, ch 272 (Ex. Ord. 03-1), § 45; SL 2011, ch 1 (Ex. Ord. 11-1), § 163, eff. Apr. 12, 2011.


     36-27A-10.   Representations as psychologist restricted. No person may represent himself as a psychologist, or engage in the practice of, or attempt to practice, psychology unless licensed pursuant to the provisions of this chapter or exempted under the provisions of § 36-27A-2.

Source: SL 1976, ch 235, § 11; SDCL Supp, § 36-27-3; SL 1981, ch 281, § 10; SL 1995, ch 225, § 4.


     36-27A-11.   License of another state. A psychologist licensed by another state, or by a province of Canada, may practice within this state for a maximum of six months, during which time the psychologist's credentials shall be reviewed and the psychologist's application for licensing accepted or denied. Within thirty calendar days after the commencement of the psychologist's practice in this state, the psychologist shall apply to the Board of Examiners of Psychologists for licensing. The board, upon application and payment of the license fee, shall license any person who is licensed by any other country, state, territory or possession of the United States, if the license was issued under the minimum requirements of this chapter and who has practiced at least five years in such jurisdiction, and who does not have a complaint pending with such state or province, or any other jurisdiction. The application shall include a consent by the applicant for the release of information by all prior jurisdictions where licensed of all information relative to the applicant, including any disciplinary proceedings even if, by agreement or otherwise, the proceedings are confidential.

Source: SL 1976, ch 235, § 12; SDCL Supp, § 36-27-22; SL 1981, ch 281, § 11; SL 2008, ch 197, § 4.


     36-27A-12.   Qualifications for license. The board shall issue a license as a psychologist to an applicant who:
             (1)      Has a doctoral degree from a regionally accredited university or professional school of psychology, or is recognized by the Association of Universities and Colleges of Canada as a member in good standing;
             (2)      Has passed any examination specified by the board for this purpose;
             (3)      Has had a supervised psychology internship amounting to not less than one thousand eight hundred hours in duration over a period of not more than two consecutive calendar years. The board shall specify, by rules promulgated pursuant to chapter 1-26, the nature of an acceptable supervised psychology internship;
             (4)      Has had one year of supervised postdoctoral psychology practice. The board shall specify, by rules promulgated pursuant to chapter 1-26, the nature of an acceptable postdoctoral year of supervised psychology practice; and
             (5)      Has not been convicted of a felony or a misdemeanor involving moral turpitude as defined in subdivision 22-1-2(25).

Source: SL 1976, ch 235, §§ 18, 20; SDCL Supp, § 36-27-21; SL 1981, ch 281, § 12; SL 1985, ch 301; SL 2008, ch 197, § 5.


     36-27A-12.1.   Provisional license. The board may issue a provisional license not to exceed twelve months in duration to an applicant who is completing the one-year of supervised postdoctoral psychology practice if the applicant has satisfied the requirements of subdivision 36-27A-12(1), passed a written national standardized examination, and has completed the supervised psychology internship as specified in subdivision 36-27A-12(3).

Source: SL 2000, ch 198, § 1; SL 2008, ch 197, § 6.


     36-27A-13.   Exemption from doctoral degree requirement. An applicant for licensure as a psychologist is exempt from the requirement of a doctoral degree in a program in psychology as listed in § 36-27A-12 if, for one year immediately preceding January 1, 1982, he has formally and consistently represented himself to the public as a psychologist, has a master's degree in psychology or primarily psychological in nature, and has spent the majority of his working hours in the practice of psychology, and if the Board of Examiners of Psychologists receives the application for licensure on or before January 1, 1982.

Source: SL 1981, ch 281, § 13.


     36-27A-14.   Exemption from examination requirement. An applicant for licensure as a psychologist is exempt from the examination requirement of § 36-27A-12 if the Board of Examiners of Psychologists receives the application for licensure on or before January 1, 1982.

Source: SL 1981, ch 281, § 14.


     36-27A-15.   Exemption from internship requirement. An applicant for licensure as a psychologist is exempt from the requirement of a psychological internship as listed in § 36-27A-12 if he has one year of psychological experience and if the Board of Examiners of Psychologists receives the application for licensure on or before January 1, 1982, or if the applicant received a doctoral degree prior to 1979 and the applicant is listed in the National Register of Health Service Providers in Psychology.

Source: SL 1981, ch 281, § 15; SL 1993, ch 296.


     36-27A-16.   Residence requirement for exemptions. To qualify for the exemptions specified in § 36-27A-13, 36-27A-14 or 36-27A-15, the applicant for licensure shall have lived in South Dakota for one year preceding the time the Board of Examiners of Psychologists receives the application for licensure.

Source: SL 1981, ch 281, § 16.


     36-27A-17.   American Board of Professional Psychology diploma--Exemption from license requirement. At the discretion of the board, an applicant for licensure as a psychologist is exempt from the requirements of § 36-27A-12, and any other examination requirements, if the applicant holds a diploma issued by the American Board of Professional Psychology, a current license to practice psychology in another state, and is not otherwise disqualified under the provisions of this chapter.

Source: SL 1981, ch 281, § 17; SL 1995, ch 225, § 3.


     36-27A-18.   Demonstration of competence required--Variation by board. By a unanimous vote of the Board of Examiners of Psychologists an applicant for licensure as a psychologist may be required to demonstrate competence in only three of the four substantive areas of study referred to in the definition of a program in psychology in § 36-27A-1. This is contingent upon the applicant submitting a satisfactory proposal outlining how he intends to remediate the deficiency in the fourth substantive area.

Source: SL 1981, ch 281, § 18.


     36-27A-19.   Fee for application. The application fee for a license to practice psychology shall be set by the Board of Examiners of Psychologists in rules promulgated pursuant to chapter 1-26. The fee may not exceed three hundred dollars. The application fee includes the oral examination required by this chapter. The applicant shall pay fees for the written national examination and any reexamination directly to the national examination company.

Source: SL 1976, ch 235, § 21; SDCL Supp, § 36-27-23; SL 1981, ch 281, § 19; SL 1993, ch 297, § 1; SL 2008, ch 191, § 61.


     36-27A-20.   Reexamination after failure to pass--Additional fee. An applicant who fails to pass the oral examination required by this chapter is entitled to reexamination within six months upon payment of an additional fee, not to exceed two hundred dollars, to be set by the Board of Examiners of Psychologists in rules promulgated pursuant to chapter 1-26. One reexamination exhausts the privilege under the original application. An applicant who fails to pass the written examination required by this chapter is entitled to reexamination within six months upon payment of an additional fee directly to the national examination company. One reexamination exhausts the privilege under the original application.

Source: SL 1976, ch 235, § 22; SDCL Supp, § 36-27-26; SL 1981, ch 281, § 20; SL 1993, ch 297, § 2; SL 2008, ch 191, § 62.


     36-27A-21.   Application for license--Forms--Verification--Fee--Supporting evidence. In applying for licensing, an applicant shall apply on forms prescribed by the Board of Examiners of Psychologists. The board shall require that the application be verified by a notary public. The license fee shall accompany the application. The board shall require each applicant to give evidence of the quality, scope, and nature of the applicant's experience and education. The application and all supporting evidence shall be public record as provided in chapter 1-27.

Source: SL 1976, ch 235, § 25; SDCL Supp, § 36-27-24; SL 1981, ch 281, § 21.


     36-27A-22.   Examinations--Time and place--Type. The board shall hold examinations at least semiannually at a place designated by the board. The type of examinations, including a national standardized examination, required shall be determined by the board.

Source: SL 1976, ch 235, § 26; SDCL Supp, § 36-27-25; SL 1981, ch 281, § 22; SL 2008, ch 197, § 7.


     36-27A-22.1.   Fee for initial licensure. After an applicant passes the oral and written examinations, the applicant shall pay a fee for initial licensure set by the Board of Examiners of Psychologists in rules promulgated pursuant to chapter 1-26, not to exceed three hundred fifty dollars.

Source: SL 1993, ch 297, § 3; SL 2008, ch 191, § 63.


     36-27A-23.   License contents--Signature--Seal--Display. The license issued by the Board of Examiners of Psychologists shall contain the full name of the licensee and shall bear a serial number and the address of the person licensed. The license shall be signed by the president and the secretary of the board under the seal of the board. Licenses shall be conspicuously displayed at the licensee's primary place of practice within thirty days after issuance.

Source: SL 1976, ch 235, § 28; SDCL Supp, § 36-27-29; SL 1981, ch 281, § 23.


     36-27A-23.1.   Certain healing arts practitioners to participate in alternate health care delivery systems. Any licensed psychologist may organize or contract for services with a corporation organized under the laws of this state by licensed practitioners of the healing arts, for the purpose of negotiating group health care contracts and providing services within the scope of their respective licenses with alternate health care delivery systems, including, but not limited to, health maintenance organizations, preferred provider organizations, individual practices organizations, or other similar forms of entity whatever.

Source: SL 1987, ch 269, § 2.


     36-27A-24.   Renewal of license--Fee--Forfeiture--Restoration. The license shall be renewed annually by payment of a fee, not to exceed three hundred fifty dollars, to be set by the Board of Examiners of Psychologists in rules promulgated pursuant to chapter 1-26. The failure of a licensee to renew the license by the first day of July each year constitutes a forfeiture. However, a person who forfeits his license may have it restored by making written application and payment of the required renewal fee prior to the first day of January of the next year, following notification from the board.

Source: SL 1976, ch 235, § 29; SDCL Supp, § 36-27-30; SL 1981, ch 281, § 24; SL 1993, ch 297, § 4; SL 2008, ch 191, § 64.


     36-27A-25.   Code of ethics. The Board of Examiners of Psychologists shall adopt a code of ethics for psychologists licensed under this chapter which may be the current code of ethics of the American Psychological Association.

Source: SL 1981, ch 281, § 25.


     36-27A-26.   Continuing education required--Records--Reports. The Board of Examiners of Psychologists shall maintain a record of the continuing education for each licensee. A report of the continuing education shall be a part of the renewal application for licensure. The type and amount of continuing education required shall not exceed six continuing education units per year and shall be set by the board in rules adopted pursuant to chapter 1-26.

Source: SL 1976, ch 235, § 33; SDCL Supp, § 36-27-33; SL 1981, ch 281, § 26.


     36-27A-27.   Recommendations of civil action against violations. The Board of Examiners of Psychologists shall recommend to the attorney general the bringing of civil actions to seek injunctions and other relief against violations of this chapter.

Source: SL 1976, ch 235, § 35; SDCL Supp, § 36-27-47; SL 1981, ch 281, § 28.


     36-27A-28.   Revocation or suspension of license--Grounds. The board may suspend or revoke the license of a psychologist or require remediation or impose other sanctions on a psychologist, may deny licensure to any applicant, or require remediation prior to the issuance of a license, upon the following grounds:
             (1)      The licensee is guilty of fraud or deceit in the licensee's admission to practice or in the practice of psychology, or an applicant for licensure is guilty of fraud or deceit in the applicant's attempted admission to practice psychology;
             (2)      The licensee or applicant for licensure has been convicted of a felony or a serious crime during the past five years. The term, felony, means an offense which, if committed in South Dakota, would be a felony under South Dakota law. The term, serious crime, means a felony or a lesser crime involving moral turpitude as defined in subdivision 22-1-2(25);
             (3)      The licensee or applicant for licensure is or has been engaged in the practice of psychology under a false or assumed name and has not registered that name pursuant to chapter 37-11, or is impersonating another practitioner of a like or different name;
             (4)      The licensee or applicant for licensure is using intoxicating liquors, narcotics or stimulants to such an extent as to impede the licensee or applicant from the performance of the licensee's or applicant's professional duties as a psychologist;
             (5)      The physical or mental condition of the licensee or applicant for licensure is determined to be such as to jeopardize or endanger those who seek the professional services of the licensee or applicant. By a majority vote of the entire board, the board may demand a physical or mental examination of a licensee or applicant for licensure. The failure to submit to the examination is immediate grounds for the suspension of the licensee's license or grounds for denial of a license to an applicant for licensure;
             (6)      The licensee or applicant for licensure has been found in violation of the code of ethics adopted by the board;
             (7)      The licensee has obtained or attempted to obtain a license, certificate or renewal thereof by bribery or fraudulent representation;
             (8)      The licensee knowingly made a false statement in connection with any application required by this chapter;
             (9)      The licensee lacks required training or fails to meet the continuing education requirements set by the board;
             (10)      The licensee knowingly made a false statement on any form promulgated pursuant to this chapter; or
             (11)      The licensee has violated any provision of this chapter or the rules promulgated by the board.

Source: SL 1976, ch 235, § 36; SDCL Supp, § 36-27-38; SL 1981, ch 281, § 29; SL 2008, ch 197, § 8.


     36-27A-29.   Proceedings for suspension or revocation--Reissuance. The proceedings for suspension or revocation of a license may be initiated if the Board of Examiners of Psychologists has information that a licensee may be guilty of any misconduct listed in § 36-27A-28. All proceedings related to the revocation or suspension of a license shall conform to the procedure set forth in chapter 1-26.

Source: SL 1976, ch 235, § 37; SDCL Supp, § 36-27-38; SL 1981, ch 281, § 30; SL 1993, ch 297, § 5.


     36-27A-29.1.   Special fee to pay for cost of disciplinary actions. If payment of costs incurred in carrying out a license revocation or other disciplinary action prevents the Board of Examiners of Psychologists from meeting its other financial obligations, the board, upon the approval of a majority of its members, may assess each licensee a special fee to make up the deficit. The Board of Examiners of Psychologists shall set the special fee, not to exceed three hundred dollars a year, in rules promulgated pursuant to chapter 1-26. If the special fee is assessed, a licensee is ineligible to renew the license until the payment of the fee.

Source: SL 1993, ch 297, § 6; SL 2008, ch 191, § 65.


     36-27A-30.   Majority vote required for suspension or revocation. The decision of the board to suspend, revoke, or deny a license requires a majority vote of all the board members.

Source: SL 1976, ch 235, § 39; SDCL Supp, § 36-27-41; SL 1981, ch 281, § 31; SL 2008, ch 197, § 9.


     36-27A-31.   Appeals from board action. Any person aggrieved by an act, ruling, or decision of the Board of Examiners of Psychologists may appeal pursuant to chapter 1-26.

Source: SL 1976, ch 235, § 40; SDCL Supp, § 36-27-44; SL 1981, ch 281, § 32.


     36-27A-32.   Reinstatement of license--Procedure. Upon written application establishing compliance with existing licensing requirements and for reasons the Board of Examiners of Psychologists deems sufficient, the board for good cause shown, by majority vote, may, under the conditions it may impose, reinstate, or reissue a license to any person whose license has been suspended or revoked.

Source: SL 1976, ch 235, § 41; SDCL Supp, § 36-27-42; SL 1981, ch 281, § 33.


     36-27A-33.   Enjoining or restraining violations. A person violating the provisions of this chapter may be enjoined from further violations by an action brought by the state's attorney of the county where the violations occurred or by action brought by any citizen in this state. The attorney general, the Board of Examiners of Psychologists or the state's attorney may apply to the circuit court for the county in which a violation of this chapter is alleged to have occurred for an order enjoining or restraining the commission or continuance of the acts.

Source: SL 1976, ch 235, § 42; SDCL Supp, § 36-27-48; SL 1981, ch 281, § 34.


     36-27A-34.   Investigation and prosecution of violations. The Board of Examiners of Psychologists shall investigate every alleged violation of this chapter. The board may employ special counsel, subject to approval, supervision, control, and direction by the attorney general, to assist in the prosecution of violations of this chapter, and to spend the necessary funds for that purpose.

Source: SL 1976, ch 235, § 43; SDCL Supp, § 36-27-46; SL 1981, ch 281, § 35.


     36-27A-34.1.   Dismissal of frivolous or unfounded complaint--Complaint may be expunged from licensee's record. If the board determines that any complaint was frivolous or clearly unfounded in fact, the board may dismiss the complaint and, by separate and unanimous vote of the board, may expunge such complaint from the record of the licensee.

Source: SL 1999, ch 198, § 1.


     36-27A-35.   Record of licensees maintained--Certified copies as evidence--Fee for copies. The Department of Social Services shall keep a record of the names of all persons licensed under this chapter, the license number of each, the date of each license and renewal, and other matters of record. A transcript of any record therein or a license that is entered therein, the name, license number, and date of granting or renewal of that license to a person charged with a violation of any of the provisions of this chapter, certified by the president and the secretary, shall all be admitted as evidence in any of the courts of the State of South Dakota. The original books, records, and papers of the Board of Examiners of Psychologists shall be kept at the office of the Department of Social Services and another copy shall be filed with the secretary. The secretary shall furnish to any person making application therefor, a copy of any record certified by him as secretary, upon payment of a fee to be established by the board in rules adopted pursuant to chapter 1-26.

Source: SL 1976, ch 235, § 44; SDCL Supp, § 36-27-31; SL 1981, ch 281, § 36; SL 2003, ch 272 (Ex. Ord. 03-1), § 45; SL 2011, ch 1 (Ex. Ord. 11-1), § 163, eff. Apr. 12, 2011.


     36-27A-36.   Compensation of board members. The Board of Examiners of Psychologists members shall be paid per diem and reimbursed expenses at a rate not to exceed the same rate as other state employees while engaged in their official duties.

Source: SL 1976, ch 235, § 45; SDCL Supp, § 36-27-15; SL 1981, ch 281, § 37.


     36-27A-37.   Disposition of receipts by board--Special account--Appropriation--Limitation of expenses. All money coming into the custody of the Board of Examiners of Psychologists each calendar month shall be paid to the state treasurer on or before the tenth day of the next month. The state treasurer shall keep the money in a separate account for the South Dakota Board of Examiners of Psychologists. The money in that account is continuously appropriated to the board for administering and enforcing this chapter. The total expense incurred may not exceed the total money collected by the board under the provisions of this chapter.

Source: SL 1976, ch 235, § 46; SDCL Supp, § 36-27-16; SL 1981, ch 281, § 38.


     36-27A-38.   Confidentiality of psychologist-patient relationship and communications. The confidential relations and communications between a licensed psychologist and a person consulting him in his professional capacity are confidential. Nothing in this chapter may be construed as to require those privileged communications to be disclosed; nor may a psychologist's secretary, stenographer or clerk be examined without the consent of his employer concerning any fact, the knowledge of which he has acquired in such capacity.

Source: SL 1981, ch 281, § 39.


     36-27A-39.   Immunity from liability of board members, agents and witnesses. The members of the Board of Examiners of Psychologists, and those acting in the name of the board, when carrying out their duties under this chapter, and those testifying before the board in good faith, may not be held personally liable and the board may insure itself against liability.

Source: SL 1981, ch 281, § 40.


     36-27A-40.   Limited liability of members of board or professional society for actions taken to maintain standards--Professional society defined--Official immunity unaffected. There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a duly appointed committee of the Board of Examiners of Psychologists created pursuant to § 36-27A-3 or of a state professional society, comprised of psychologists licensed to practice their profession in the State of South Dakota, for any act or proceeding undertaken or performed within the scope of the functions of any such committee which is formed to maintain the duly established professional standards of the society or the requirements of law or peer review of insurance or other similar matters, if such committee member acts without malice, has made a reasonable effort to obtain the facts of the matter as to which he acts, and acts in a reasonable belief that the action taken by him is warranted by the facts known to him after such reasonable effort to obtain facts. "Professional society" includes organizations of psychologists having as members at least a majority of the eligible licensees in the state. The provisions of this section do not affect the official immunity of any officer or employee of a public corporation or of psychologists serving on a committee or board or other entity authorized by state or federal law.

Source: SL 1986, ch 419, § 1A.


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