(2) "Certified social worker in private, independent practice candidate," the person who is seeking a license as a certified social worker in private, independent practice (CSW-PIP);

(3) "Private, independent practice," any act of contracting directly with clients for clinical services, consultation, supervision, or educational services; billing clients for services, receiving direct payment from clients, or acts implying that an individual is licensed as, or in private practice as, a CSW-PIP;

(4) "Supervision," overseeing or directing the activities of a social work associate, or a person applying for a license as a CSW-PIP;

(5) "Supervision agreement," the written agreement signed by the supervisor and the CSW-PIP candidate and approved by the board identifying the settings within which the CSW-PIP candidate is to practice, making the supervisor responsible for supervision, defining or describing the functions the CSW-PIP candidate will perform, and containing any other information as required by the board;

(6) "Supervisor," a person who has experience in and is active in the field of social work, and oversees a social work associate, or a person applying for a license as a CSW-PIP.

Source: 2 SDR 82, effective June 14, 1976; 4 SDR 82, effective June 6, 1978; 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 81, effective December 12, 1999; 29 SDR 92, effective December 24, 2002; 33 SDR 50, effective September 25, 2006; 45 SDR 82, effective December 10, 2018; 51 SDR 52, effective November 11, 2024.

General Authority: SDCL 36-26-29.

Law Implemented: SDCL 36-26-1, 36-26-10, 36-26-12, 36-26-17.

20:59:01:02. Application form and fees. An application for initial social work licensure or a renewal of a social work license must be made on a form provided by the board and accompanied by the fees required pursuant to §§ 20:59:01:10 and 20:59:01:10.01.

An application is not complete until the required documentation and fees are received by the board. The board must consider an application withdrawn if it remains incomplete one year after its initial submission.

Source: 2 SDR 82, effective June 14, 1976; transferred from § 20:59:01:05, 4 SDR 82, effective June 6, 1978; 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 51 SDR 52, effective November 11, 2024.

General Authority: SDCL 36-26-29.

Law Implemented: SDCL 36-26-19, 36-26-32.

20:59:01:02.01. Information required. Repealed.

Source: 2 SDR 82, effective June 14, 1976; transferred from § 20:59:01:06, 4 SDR 82, effective June 6, 1978; 12 SDR 186, effective May 25, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 92, effective December 24, 2002; 33 SDR 50, effective September 25, 2006; 51 SDR 52, effective November 11, 2024.

Rule 20:59:01:03 Repealed.

20:59:01:03. Social worker applicants.Repealed.

Source: 2 SDR 82, effective June 14, 1976; repealed, 4 SDR 82, effective June 6, 1978.

Rule 20:59:01:03.01 Transferred.

20:59:01:03.01. Transferred to § 20:59:02:03.03.

Rule 20:59:01:04 Repealed.

20:59:01:04. Certified social worker with independent practice application.Repealed.

Source: 2 SDR 82, effective June 14, 1976; repealed, 4 SDR 82, effective June 6, 1978.

20:59:01:04.01. Additional information required to engage in private, independent practice of social work. Repealed.

Source: 4 SDR 82, effective June 6, 1978; 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 57, effective October 16, 1995; 26 SDR 81, effective December 12, 1999; 29 SDR 92, effective December 24, 2002; 44 SDR 42, effective September 11, 2017; 45 SDR 82, effective December 10, 2018; 51 SDR 52, effective November 11, 2024.

Rule 20:59:01:05 Transferred.

20:59:01:05. Transferred to § 20:59:01:02.

Rule 20:59:01:06 Transferred.

20:59:01:06. Transferred to § 20:59:01:02.01.

20:59:01:07. References. Repealed.

Source: 2 SDR 82, effective June 14, 1976; 4 SDR 82, effective June 6, 1978; 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 92, effective December 24, 2002; 51 SDR 52, effective November 11, 2024.

Rule 20:59:01:07.01 Notarization of application and transcripts.

20:59:01:07.01. Notarization of application and transcripts. Applications must be notarized. Applicants are responsible for having official college transcripts sent from the college to the board.

Source: 2 SDR 82, effective June 14, 1976; transferred from § 20:59:01:18, 4 SDR 82, effective June 6, 1978; 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 36-26-29.

Law Implemented:SDCL 36-26-29.

20:59:01:08. Fees. Any fee described in this chapter must be remitted to the board in the form prescribed by the board and made payable to the South Dakota Board of Social Work Examiners. The board may not take any action on any application for license until the fee is received. Any fee paid by a licensee or applicant is nonrefundable.

General Authority: SDCL 36-26-29.

Law Implemented: SDCL 36-26-19.

Rule 20:59:01:09 Repealed.

20:59:01:09. Fee schedule without examination.Repealed.

Source: 2 SDR 82, effective June 14, 1976; repealed, 4 SDR 82, effective June 6, 1978.

20:59:01:10. Fee schedule for applications. The fee for application for a biennial license is as follows:

(1) Certified social worker authorized to engage in private, independent practice, two hundred ten dollars;

(2) Certified social worker, one hundred seventy dollars;

(3) Social worker, one hundred thirty dollars;

(4) Social work associate, ninety dollars; and

(5) Multistate license for the Social Work Licensure Compact, three hundred dollars.

Source: 2 SDR 82, effective June 14, 1976; 4 SDR 82, effective June 6, 1978; 6 SDR 38, effective October 24, 1979; 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 33 SDR 50, effective September 25, 2006; 34 SDR 101, effective October 24, 2007; 51 SDR 52, effective November 11, 2024.

General Authority: SDCL 36-26-19, 36-26-29, 36-26A-1.

Law Implemented: SDCL 36-26-19, 36-26A-1.

Rule 20:59:01:10.01 Fee schedule for endorsement without examination.

20:59:01:10.01. Fee schedule for endorsement without examination. Fees for endorsement application for a license without examination are as follows:

(1) Certified social worker authorized to engage in private, independent practice, $210;

(2) Certified social worker, $170;

(3) Social worker, $130; and

(4) Social work associate, $90.

Source: 4 SDR 82, effective June 6, 1978; 6 SDR 38, effective October 24, 1979; 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 92, effective December 24, 2002; 33 SDR 50, effective September 25, 2006; 34 SDR 101, effective October 24, 2007.

General Authority: SDCL 36-26-19, 36-26-29.

Law Implemented: SDCL 36-26-18, 36-26-19.

20:59:01:10.02. License renewal fees. Fees for biennial renewal of a license are as follows:

(1) Certified social worker authorized to engage in private, independent practice, two hundred ten dollars;

(2) Certified social worker, one hundred seventy dollars;

(3) Social worker, one hundred thirty dollars;

(4) Social work associate, ninety dollars; and

(5) Multistate license for the Social Work Licensure Compact, three hundred dollars.

Source: 4 SDR 82, effective June 6, 1978; 6 SDR 38, effective October 24, 1979; 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 33 SDR 50, effective September 25, 2006; 34 SDR 101, effective October 24, 2007; 51 SDR 52, effective November 11, 2024.

General Authority: SDCL 36-26-19, 36-26-29, 36-26A-1.

Law Implemented: SDCL 36-26-23, 36-26A-1.

20:59:01:10.03. No reimbursement before expiration of license. Repealed.

Source: 2 SDR 82, effective June 14, 1976; transferred from § 20:59:01:19, 4 SDR 82, effective June 6, 1978; 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 51 SDR 52, effective November 11, 2024.

20:59:01:10.04. No refund of license fees. Repealed.

Source: 3 SDR 81, effective May 29, 1977; transferred from § 20:59:01:20, 4 SDR 82, effective June 6, 1978; 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 88, effective January 1, 1991; 51 SDR 52, effective November 11, 2024.

Rule 20:59:01:10.05 Duplicate license fee.

20:59:01:10.05. Duplicate license fee. The board shall issue a duplicate license upon receipt of a written request and a $10 fee.

Source: 3 SDR 81, effective May 29, 1977; transferred from § 20:59:01:21, 4 SDR 82, effective June 6, 1978; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986; readopted, 17 SDR 88, effective January 1, 1991.

General Authority:SDCL 36-26-19.

Law Implemented:SDCL 36-26-19.

20:59:01:10.06. Examination and reexamination fee. Repealed.

Source: 3 SDR 81, effective May 29, 1977; transferred from § 20:59:01:22, 4 SDR 82, effective June 6, 1978; 6 SDR 38, effective October 24, 1979; 10 SDR 138, effective June 20, 1984; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986; readopted, 17 SDR 88, effective January 1, 1991; 22 SDR 57, effective October 16, 1995; 29 SDR 92, effective December 24, 2002; 36 SDR 208, effective June 30, 2010; 44 SDR 42, effective September 11, 2017; 51 SDR 52, effective November 1, 2024.

20:59:01:10.07. Late fee. An applicant seeking to renew a license after forfeiture shall pay a late fee. The late fee is an additional fifty percent of the renewal fee.

Source: 6 SDR 38, effective October 24, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 51 SDR 52, effective November 11, 2024.

General Authority: SDCL 36-26-19.

Law Implemented: SDCL 36-26-19, 36-26-27.

Rule 20:59:01:10.08 Repea;ed.

20:59:01:10.08. Temporary license fee. Repealed.

Source: 20 SDR 214, effective July 1, 1994; 44 SDR 42, effective September 11, 2017.

20:59:01:11. Certificates. Repealed.

Rule 20:59:01:12 Repealed.

20:59:01:12. Licensure denial.Repealed.

Source: 2 SDR 82, effective June 14, 1976; 4 SDR 82, effective June 6, 1978; 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 29 SDR 92, effective December 24, 2002.

Rule 20:59:01:13 Application disposition.

20:59:01:13. Application disposition. All applications and supporting papers submitted to the board become the property of the board.

Source: 2 SDR 82, effective June 14, 1976; 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 36-26-29.

Law Implemented:SDCL 36-26-29.

20:59:01:14. Verification of licensure for the public. Repealed.

Source: 2 SDR 82, effective June 14, 1976; 4 SDR 82, effective June 6, 1978; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 92, effective December 24, 2002; 51 SDR 52, effective November 11, 2024.

Rule 20:59:01:15 Repealed.

20:59:01:15. Changes or revisions.Repealed.

Source: 2 SDR 82, effective June 14, 1976; 4 SDR 82, effective June 6, 1978; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 29 SDR 92, effective December 24, 2002.

Rule 20:59:01:16 Repealed.

20:59:01:16. Nonpracticing applicants.Repealed.

Source: 2 SDR 82, effective June 14, 1976; repealed, 4 SDR 82, effective June 6, 1978.

Rule 20:59:01:17 Repealed.

20:59:01:17. Applicant may practice until next scheduled examination.Repealed.

Source: 2 SDR 82, effective June 14, 1976; repealed, 4 SDR 82, effective June 6, 1978.

Rule 20:59:01:18 Transferred.

20:59:01:18. Transferred to § 20:59:01:07.01.

Rule 20:59:01:19 Transferred.

20:59:01:19. Transferred to § 20:59:01:10.03.

Rule 20:59:01:20 Transferred.

20:59:01:20. Transferred to § 20:59:01:10.04.

Rule 20:59:01:21 Transferred.

20:59:01:21. Transferred to § 20:59:01:10.05.

Rule 20:59:01:22 Transferred.

20:59:01:22. Transferred to § 20:59:01:10.06.

CHAPTER 20:59:02

ACADEMIC AND EQUIVALENCY REQUIREMENTS

Section

20:59:02:01 Academic requirements for social work associate.

20:59:02:02 Repealed

20:59:02:03 Repealed.

20:59:02:03.01 Programs approved by the Council on Social Work Education.

20:59:02:03.02 Repealed.

20:59:02:03.03 Repealed.

20:59:02:04 Repealed.

20:59:02:05 Repealed.

20:59:02:06 Repealed.

20:59:02:07 Transferred.

Rule 20:59:02:01 Academic requirements for social work associate.

20:59:02:01. Academic requirements for social work associate.After January 1, 1986, academic requirements for a social work associate license in SDCL 36-26-16 must be completed at a junior college, college, or university accredited by a nationally recognized accrediting agency approved by the United States Department of Education. In addition, degrees granted before January 1, 1986, must have been completed when the institution was accredited by a nationally recognized accrediting agency approved the United States Department of Education.

Source: 2 SDR 82, effective June 14, 1976; 4 SDR 82, effective June 6, 1978; 12 SDR 186, effective May 25, 1986; 29 SDR 92, effective December 24, 2002.

General Authority:SDCL 36-26-29.

Law Implemented:SDCL 36-26-16.

Rule 20:59:02:02 Repealed.

20:59:02:02. Qualifications for social work associate.Repealed.

Source: 2 SDR 82, effective June 14, 1976; repealed, 4 SDR 82, effective June 6, 1978.

Rule 20:59:02:03 Repealed.

20:59:02:03. Certified social worker and social worker academic requirements.Repealed.

Source: 2 SDR 82, effective June 14, 1976; repealed, 4 SDR 82, effective June 6, 1978.

20:59:02:03.01. Programs approved by the Council on Social Work Education. An applicant who graduated prior to July 1974 with a bachelor's degree in social work from a program subsequently accredited by the Council on Social Work Education meets the academic requirements for licensure as a social worker.

Source: 4 SDR 82, effective June 6, 1978; 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 51 SDR 52, effective November 11, 2024.

General Authority: SDCL 36-26-29.

Law Implemented: SDCL 36-26-15, 36-26-15.1.

Rule 20:59:02:03.02 Repealed.

20:59:02:03.02. Nonaccredited and nonapproved social work programs.Repealed.

Source: 4 SDR 82, effective June 6, 1978; repealed, 12 SDR 186, effective May 25, 1986.

Rule 20:59:02:03.03 Repea;ed.

20:59:02:03.03. Information required of equivalency applicants for a social worker license. Repealed.

Source: 4 SDR 82, effective June 6, 1978; transferred from § 20:59:01:03.01, 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 57, effective October 16, 1995; 29 SDR 92, effective December 24, 2002; 44 SDR 42, effective September 11, 2017.

Rule 20:59:02:04 Repealed.

20:59:02:04. Equivalent courses for social worker license. Repealed.

Source: 2 SDR 82, effective June 14, 1976; 4 SDR 82, effective June 6, 1978; 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 57, effective October 16, 1995; 29 SDR 92, effective December 24, 2002; 44 SDR 42, effective September 11, 2017.

Rule 20:59:02:05 Repealed.

20:59:02:05. Field work experience as part of social worker equivalency. Repealed.

Source: 2 SDR 82, effective June 14, 1976; 4 SDR 82, effective June 6, 1978; 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 44 SDR 42, effective September 11, 2017.

Rule 20:59:02:06 Repealed.

20:59:02:06. Evaluation of practice or experience.Repealed.

Source: 2 SDR 82, effective June 14, 1976; 4 SDR 82, effective June 6, 1978; repealed, 12 SDR 186, effective May 25, 1986.

Rule 20:59:02:07 Transferred.

20:59:02:07. Transferred to chapter 20:59:06.

Rule 20:59:03 PROCEDURE

CHAPTER 20:59:03

PROCEDURE

(Repealed. 4 SDR 82, effective June 6, 1978)

CHAPTER 20:59:04

CONTINUING EDUCATION

Section

20:59:04:01 Definitions.

20:59:04:01.01 Courses eligible for continuing education credit -- Distance education.

20:59:04:02 Amount of continuing education required.

20:59:04:03 Repealed.

20:59:04:04 Waiver due to certified illness.

20:59:04:05 Repealed.

20:59:04:06 Continuing education obtained out-of-state, Repealed.

20:59:04:07 Preparation or publication of a professional social work topic or paper.

20:59:04:08 Standards for approval of continuing education sponsor.

20:59:04:09 Standards for approval of continuing education programs.

20:59:04:10 Standards for approval of continuing education programs for agency administrators.

Rule 20:59:04:01 Definitions.

20:59:04:01. Definitions. Terms used in this chapter mean:

(1) "Academic credit hour," one semester credit hour earned at a junior college, college, or university accredited by a nationally recognized accrediting agency approved by the United States Department of Education;

(2) "Continuing education," postgraduate courses, either academic or nonacademic, related to the field of social work;

(3) "Continuing education sponsor," an educational institution, a professional association, or a business or governmental organization approved by the board under §20:59:04:08 to award continuing education units for organized social work education; and

(4) "Continuing Education Unit (CEU)," 10 contact hours of participation in a noncredit organized continuing education program conducted by an approved sponsor.

Source: 3 SDR 81, effective May 29, 1977; 4 SDR 82, effective June 6, 1978; 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 92, effective December 24, 2002.

General Authority:SDCL 36-26-29.

Law Implemented:SDCL 36-26-26, 36-26-29.

Rule 20:59:04:01.01 Courses eligible for continuing education credit -- Distance education.

20:59:04:01.01. Courses eligible for continuing education credit -- Distance education. The board may allow continuing education credit for academic credit courses taken at a junior college, college, or university accredited by a nationally recognized accrediting agency approved by the United States Department of Education, and for nonacademic workshops, seminars, conferences, lectures, and agency staff development training given by an approved continuing education sponsor. Courses for which continuing education credit is allowed must meet the standards in § 20:59:04:09 or 20:59:04:10. Staff development or activities of agencies which address procedural or administrative issues are ineligible. One academic credit hour is equal to 15 contact hours of participation in a noncredit continuing education program.

The licensee may not have more than ten hours of continuing education in the following: independent or group study including listening to audio tapes, viewing video tapes, or preparing or publishing a professional social work topic or paper as set forth in § 20:49:04:07, or reading professional books or articles.

Source: 12 SDR 186, effective May 25, 1986; 29 SDR 92, effective December 24, 2002; 45 SDR 82, effective December 10, 2018.

General Authority: SDCL 36-26-29.

Law Implemented: SDCL 36-26-26, 36-26-29.

20:59:04:02. Amount of continuing education required. All licensees submitting applications for license renewal must include a certificate of successful completion of thirty hours of continuing education taken within the previous two-year license period. At least six of the thirty hours of continuing education must be on the subject of social work ethics.

Source: 3 SDR 81, effective May 29, 1977; 4 SDR 82, effective June 6, 1978; 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 57, effective October 16, 1995; 29 SDR 92, effective December 24, 2002; 51 SDR 52, effective November 11, 2024.

General Authority: SDCL 36-26-29.

Law Implemented: SDCL 36-26-26.

Rule 20:59:04:03 Repealed.

20:59:04:03. Registration of sponsor.Repealed.

Source: 3 SDR 81, effective May 29, 1977; 4 SDR 82, effective June 6, 1978; repealed, 12 SDR 186, effective May 25, 1986.

20:59:04:04. Waiver due to certified illness. A licensee may apply for a waiver of the continuing education requirement if the licensee presents a physician's certified statement that the licensee was physically incapacitated to the extent that the licensee could not satisfy the requirement within the previous two-year license period. A licensee must submit the waiver to the board at least thirty days prior to the expiration of the two-year license period.

Source: 3 SDR 81, effective May 29, 1977; 4 SDR 82, effective June 6, 1978; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 51 SDR 52, effective November 11, 2024.

General Authority: SDCL 36-26-29.

Law Implemented: SDCL 36-26-26.

Rule 20:59:04:05 Repealed.

20:59:04:05. Exemption from continuing education requirements.Repealed.

Source: 3 SDR 81, effective May 29, 1977; repealed, 4 SDR 82, effective June 6, 1978.

20:59:04:06. Continuing education obtained out-of-state. Repealed.

Source: 3 SDR 81, effective May 29, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 92, effective December 24, 2002; 51 SDR 52, effective November 11, 2024.

Rule 20:59:04:07 Preparation or publication of a professional social work topic or paper.

20:59:04:07. Preparation or publication of a professional social work topic or paper. A licensee who has prepared an academic social work course, a social work in-service training workshop, or a social work seminar, or who has published a social work article in a recognized professional journal may be allowed a maximum of ten hours of required continuing education hours set forth in § 20:59:04:02. Verification of completion of the presentation or of publication shall be submitted by the licensee on a form provided by the board.

Source: 4 SDR 82, effective June 6, 1978; 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 92, effective December 24, 2002; 45 SDR 82, effective December 10, 2018.

General Authority: SDCL 36-26-29.

Law Implemented: SDCL 36-26-26, 36-26-29.

Rule 20:59:04:08 Standards for approval of continuing education sponsor.

20:59:04:08. Standards for approval of continuing education sponsor. A sponsor for nonacademic continuing education in social work must meet the following standards to be approved by the board;

(1) The sponsoring organization must designate a professional staff person to administer and coordinate an organized schedule of continuing programs;

(2) The sponsoring organization must maintain administrative control of all program elements. Programs jointly sponsored by more than one organization must designate which organization will record and report CEUs to the licensee;

(3) The sponsoring organization must provide or arrange for educational facilities and instructional aids and equipment consistent with the educational content, format, and objectives of the continuing education; and

(4) An individual record of participation must be maintained by the sponsoring organization for a minimum of five years and made available to each participant upon request.

A sponsor shall apply for approval on a form provided by the board before giving programs.

Source: 12 SDR 168, effective May 25, 1986; 29 SDR 92, effective December 24, 2002.

General Authority:SDCL 36-26-29.

Law Implemented:SDCL 36-26-26, 36-26-29.

Rule 20:59:04:09 Standards for approval of continuing education programs.

20:59:04:09. Standards for approval of continuing education programs. Continuing education programs in social work must meet the following standards to be approved by the board:

(1) The continuing education must be in a recognized field of social work or clearly related to social work. The continuing education must be related to practice, values, skills, and knowledge of social work;

(2) The program must be planned to meet educational needs of target group;

(3) A clear statement of goals must be prepared in advance for each program;

(4) Instructors must have education and experience in the area of the program they conduct;

(5) Specific performance requirements for CEU credit must be established;

(6) Participant registration must provide dates, course titles, and number of CEUs awarded for a permanent record of individual participation;

(7) Evaluation procedures must be planned for and used to measure the effectiveness of the program design and operation; and

(8) The program must be provided by an approved continuing education sponsor.

Source: 12 SDR 168, effective May 25, 1986; 45 SDR 82, effective December 10, 2018.

General Authority: SDCL 36-26-29.

Law Implemented: SDCL 36-26-26, 36-26-29.

Rule 20:59:04:10 Standards for approval of continuing education programs for agency administrators.

20:59:04:10. Standards for approval of continuing education programs for agency administrators. Continuing education programs for agency administrators who are responsible for social work staff must enhance the practice, values, skills, and knowledge of administrators in the areas of administration, planning, and research related to human services and must meet the standards in subdivisions 20:59:04:09(2) to (8), inclusive.

Continuing education program approval for agency administrators may be applied for on a form provided by the board.

Source: 12 SDR 168, effective May 25, 1986.

General Authority:SDCL 36-26-29.

Law Implemented:SDCL 36-26-26, 36-26-29.

CHAPTER 20:59:05

SUPERVISION

Section

20:59:05:01 Supervision of a social work associate.

20:59:05:02 Supervision of a certified social worker in private, independent practice candidate.

20:59:05:03 Qualifications of supervisor of a certified social worker in private, independent practice candidate.

20:59:05:04 Supervisor of a certified social worker in private, independent practice candidate -- Practice setting.

20:59:05:05 Certified social worker in private, independent practice candidate's supervisor's agreement requirements.

20:59:05:06 Out-of-state supervision of a certified social worker in private, independent practice candidate.

20:59:05:07 Supervisor's reports and time of supervision.

20:59:05:08 Professional and legal responsibilities to clients.

20:59:05:09 Additional supervisor responsibilities, Repealed.

20:59:05:10 Violation of supervisor responsibilities.

20:59:05:11 Repealed.

20:59:05:12 Termination of a supervision agreement.

20:59:05:01. Supervision of a social work associate. The supervision of a social work associate by a licensed social worker or licensed certified social worker must include at least four contact hours each month. The licensee is responsible for having the licensee's supervisor submit an annual report on a form provided by the board.

Source: 4 SDR 82, effective June 6, 1978; 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 57, effective October 16, 1995; 26 SDR 81, effective December 12, 1999; 29 SDR 92, effective December 24, 2002; 45 SDR 82, effective December 10, 2018; 51 SDR 52, effective November 11, 2024.

General Authority: SDCL 36-26-29.

Law Implemented: SDCL 36-26-10.

20:59:05:02. Supervision of a certified social worker in private, independent practice candidate. The provisions of §§ 20:59:05:03 to 20:59:05:10, inclusive, apply to the qualifications of the supervisor providing supervision of a certified social worker in private, independent practice (CSW-PIP) candidate. Supervisors shall at all times assess the relationship of the CSW-PIP candidate and the clients, and shall evaluate the degree of supervision necessary and provide it even if it exceeds the minimum supervision set forth in § 20:59:05:07.

Source: 26 SDR 81, effective December 12, 1999; 51 SDR 52, effective November 11, 2024.

General Authority: SDCL 36-26-29.

Law Implemented: SDCL 36-26-17(2).

20:59:05:03. Qualifications of supervisor of a certified social worker in private, independent practice candidate. The supervisor of a certified social worker in private, independent practice (CSW-PIP) candidate must:

(1) Be a CSW-PIP, psychologist, or psychiatrist licensed in good standing in South Dakota for at least two years;

(2) Complete six hours of supervisor continuing education before submitting a proposed supervision agreement; and

(3) Complete three hours of supervisor continuing education every two years once the supervisor begins supervision of any candidate.

A supervisor may only supervise a CSW-PIP candidate upon the board finding that adequate supervision will exist under the proposed supervision agreement. A holder of a temporary permit or license may not supervise a CSW-PIP candidate.

Source: 26 SDR 81, effective December 12, 1999; 29 SDR 92, effective December 24, 2002; 51 SDR 52, effective November 11, 2024.

General Authority: SDCL 36-26-29.

Law Implemented: SDCL 36-26-17(2).

20:59:05:04. Supervisor of a certified social worker in private, independent practice candidate -- Practice setting. The supervisor of a certified social worker in private, independent practice (CSW-PIP) candidate shall primarily practice in the same practice area in which the CSW-PIP candidate will practice. However, an exception may be made for good cause.

Source: 26 SDR 81, effective December 12, 1999; 33 SDR 50, effective September 25, 2006; 51 SDR 52, effective November 11, 2024.

General Authority: SDCL 36-26-29.

Law Implemented: SDCL 36-26-17(2).

20:59:05:05. Certified social worker in private, independent practice candidate's supervisor's agreement requirements. A certified social worker in private, independent practive (CSW-PIP) candidate shall file with, and have approved by, the board a supervision agreement in the form specified by the board prior to beginning the supervision necessary to satisfy the requirements of SDCL subdivision 36-26-17(2). The board will approve the agreement if the agreement provides for adequate supervision. If the board determines that additional supervision is necessary, the board must set forth the terms to be included in the agreement.

If the CSW-PIP candidate's practice status changes for any reason, a new or amended supervision agreement must be submitted to and approved by the board before the change is permitted.

The CSW-PIP candidate shall notify the board if the CSW-PIP candidate no longer wishes to use the supervision under the supervision agreement to qualify under SDCL 36-26-17(2).

Source: 26 SDR 81, effective December 12, 1999; 29 SDR 92, effective December 24, 2002; 51 SDR 52, effective November 11, 2024.

General Authority: SDCL 36-26-29.

Law Implemented: SDCL 36-26-17(2).

20:59:05:06. Out-of-state supervision of a certified social worker in private, independent practice candidate. Out-of-state supervision may satisfy all or some of the supervisory requirements of SDCL 36-26-17 upon the board finding that the supervision received in the other state was substantially equivalent to that required under the rules for a South Dakota certified social worker in private, independent practice candidate.

Source: 26 SDR 81, effective December 12, 1999; 33 SDR 50, effective September 25, 2006; 51 SDR 52, effective November 11, 2024.

General Authority: SDCL 36-26-29.

Law Implemented: SDCL 36-26-17(2).

20:59:05:07. Supervisor's reports and time of supervision. After the supervision agreement is approved by the board as set forth in § 20:59:05:05, the supervisor shall submit reports every six months during the period of supervision to the board on a form supplied by the board. The certified social worker in private, independent practice (CSW-PIP) candidate shall work at least thirty hours per week. The reports must document that the supervisor has provided the CSW-PIP candidate with a minimum of four hours of individual supervision per month, subject to the following:

(1) Group supervision or consultation may be allowed instead of individual supervision if the supervision does not exceed one-half of the total supervision time in each six-month period;

(2) Part-time work of at least eighteen hours per week may satisfy the supervision requirement on the following schedule:

Hours Worked Per Week	Number of Years Required Supervision	Number of Monthly Hours

18-29	4	2
30 and above	2	4

(3) When the supervisor is not physically present with the CSW-PIP candidate, the supervisor must be available by telecommunications or technology; and

(4) The board may authorize modifications in the method and frequency of supervision based upon the board's finding of adequate supervision, training, and proficiency.

Source: 26 SDR 81, effective December 12, 1999; 29 SDR 92, effective December 24, 2002; 51 SDR 52, effective November 11, 2024.

General Authority: SDCL 36-26-29.

Law Implemented: SDCL 36-26-17(2).

20:59:05:08. Professional and legal responsibilities to clients. Nothing in this chapter diminishes the professional and legal responsibilities of either the supervisor or the certified social worker in private, independent practice candidate toward the clients served.

Source: 26 SDR 81, effective December 12, 1999; 51 SDR 52, effective November 11, 2024.

General Authority: SDCL 36-26-29.

Law Implemented: SDCL 36-26-17(2).

20:59:05:09. Additional supervisor responsibilities. Repealed.

Source: 26 SDR 81, effective December 12, 1999; 29 SDR 92, effective December 24, 2002; 45 SDR 82, effective December 10, 2018; 51 SDR 52, effective November 11, 2024.

20:59:05:10. Violation of supervisor responsibilities. A supervisor who willfully violates any of the supervisor's duties under this chapter is subject to licensure discipline by the board. If the supervisor is licensed by another licensing board, the willful violation of the supervisor's responsibilities under this chapter is reported to the supervisor's respective licensing board.

Source: 26 SDR 81, effective December 12, 1999; 51 SDR 52, effective November 11, 2024.

General Authority: SDCL 36-26-29.

Law Implemented: SDCL 36-26-17(2).

Rule 20:59:05:11 Transition rules.

20:59:05:11. Transition rules. Repealed.

Source: 26 SDR 81, effective December 12, 1999; repealed, 33 SDR 50, effective September 25, 2006.

20:59:05:12. Termination of a supervision agreement. If the board determines that the supervisor is not providing adequate supervision, the board may terminate the supervision agreement.

Source: 51 SDR 52, effective November 11, 2024.

General Authority: SDCL 36-26-29.

Law Implemented: SDCL 36-26-17(2).

Rule 20:59:06 EXAMINATIONS

CHAPTER 20:59:06

EXAMINATIONS

Section

20:59:06:01 Examinations.

20:59:06:01. Examinations. An applicant must pass the board-prescribed examination provided by the Association of Social Work Boards.

Source: 2 SDR 82, effective June 14, 1976; transferred from § 20:59:02:07, 4 SDR 82, effective June 6, 1978; 10 SDR 138, effective June 20, 1984; 12 SDR 186, effective May 25, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 57, effective October 16, 1995; 29 SDR 92, effective December 24, 2002; 51 SDR 52, effective November 11, 2024.

General Authority: SDCL 36-26-29.

Law Implemented: SDCL 36-26-14(2), 36-26-15(2), 36-26-15.1(2), 36-26-16(2), 36-26-17(3), 36-26-21.

CHAPTER 20:59:07

STANDARDS FOR PROFESSIONAL PRACTICE

Section

20:59:07:01 Standards for professional practice.

20:59:07:01. Standards for professional practice. An applicant, licensee, supervisee, or supervisor shall comply with the Code of Ethics of the National Association of Social Workers (NASW) as approved by the 1996 NASW Delegate Assembly and revised by the NASW Delegate Assembly in 2020.

Source: 51 SDR 52, effective November 11, 2024.

General Authority: SDCL SDCL 36-26-29.

Law Implemented: SDCL 36-26-2.

Reference: Code of Ethics of the National Association of Social Workers, 2021 edition, National Association of Social Workers. Copies may be obtained free of charge from the Board of Social Work Examiners, 810 North Main Street #298, Spearfish, SD 57783 or at https://www.socialworkers.org/about/ethics/code-of-ethics.

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