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Administrative Rules

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20:59:05:09        Additional supervisor responsibilities, Repealed.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20:59:05:11        Repealed.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).

Online Archived History: