CHAPTER 20:68:01
LICENSING REQUIREMENTS
Section
20:68:01:01 Repealed.
20:68:01:02 Repealed.
20:68:01:02.01 Repealed.
20:68:01:03 Repealed.
20:68:01:04 Repealed.
20:68:01:05 Repealed.
20:68:01:06 Definitions.
20:68:01:07 Application requirements.
20:68:01:08 Application denial.
20:68:01:09 Application for post graduate plan of supervision -- Professional counselor.
20:68:01:10 Application for licensed professional counselor.
20:68:01:11 Application for professional counselor by endorsement -- Applicant licensed in another state.
20:68:01:12 Application for temporary license -- Applicant licensed in another state.
20:68:01:13 Application to reinstate an expired license.
20:68:01:01. Definitions. Repealed.
Source: 18 SDR 67, effective October 16, 1991; 25 SDR 85, effective December 22, 1998; 28 SDR 51, effective October 14, 2001; 42 SDR 97, effective January 4, 2016; 47 SDR 42, effective October 14, 2020.
20:68:01:02. Application for licensed professional counselor. Repealed.
Source: 18 SDR 67, effective October 16, 1991; 22 SDR 97, effective January 24, 1996; 25 SDR 85, effective December 22, 1998; 32 SDR 32, effective August 29, 2005; 42 SDR 97, effective January 4, 2016; 47 SDR 42, effective October 14, 2020.
20:68:01:03. Application for counselor associate.Repealed.
Source: 18 SDR 67, effective October 16, 1991; repealed, 25 SDR 85, effective December 22, 1998.
20:68:01:04. Licensure by reciprocity. Repealed.
Source: 18 SDR 67, effective October 16, 1991; 25 SDR 85, effective December 22, 1998; 42 SDR 97, effective January 4, 2016; SL 2018, ch 238, § 4, effective February 5, 2018.
Declaratory Ruling: South Dakota Board of Counselor Examiners rules and declares that an applicant for licensure by reciprocity pursuant to SDCL 36-32-16 and ARSD 20:68:01:04, is eligible for license by reciprocity when the applicant is licensed under the laws of a state or territory of the United States, and the applicant substantially meets the requirements of SDCL 36-32, even though the state under which the applicant is licensed may have allowed the applicant to obtain licensure based on requirements that are less than substantially the same requirements imposed by SDCL 36-32. Dated: September 25, 2006.
20:68:01:05. Licensure denial. Repealed.
Source: 18 SDR 67, effective October 16, 1991; 47 SDR 42, effective October 14, 2020.
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20:68:01:06. Definitions. Terms defined in SDCL chapter 36-32 have the same meaning when used in this article.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-32-47.
Law Implemented: SDCL 36-32-47.
20:68:01:07. Application requirements. An application for a license, temporary license, renewal of license, inactive license, or reactivated license must be made in writing on a form prescribed by the board. The applicable application fee and license fee must be submitted with the application. The application fee is non-refundable. The licensee fee is refundable if the application is withdrawn or denied.
An applicant shall verify under the penalties of perjury that all the information submitted on an application is true and correct. An applicant who submits an application electronically agrees the submission of the application serves as the applicant's signature and verification of the information on the application. The applicant may be required to clarify or provide additional information.
An application is not complete until the required documentation and fees are received by the board. The board may return an application that remains incomplete one year after the initial submission of the application. Materials received by the board from a third party may not be returned to the applicant. A returned application is considered to be withdrawn.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-32-56.
Law Implemented: SDCL 36-32-64, 36-32-67, 36-32-68, 36-32-75.
20:68:01:08. Application denial. An application may be denied for failure to meet the applicable licensure requirements or for any reasons set forth in SDCL 36-32-83. The board shall inform the applicant, in writing, of its reasons for denial. An applicant whose application is denied is entitled to a hearing pursuant to SDCL chapter 1-26.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-32-56.
Law Implemented: SDCL 36-32-64, 36-32-67, 36-32-68, 36-32-75.
20:68:01:09. Application for post graduate plan of supervision -- Professional counselor. An applicant for a post graduate plan of supervision shall submit to the board:
(1) A completed application and the application fee;
(2) An official educational transcript from an accredited counseling program recognized by the board demonstrating a master's or doctoral degree in counseling consisting of at least 48 credit hours;
(3) Verification of a passing score on the National Counselor Examination administered by the National Board for Certified Counselors;
(4) Verification of the license number and status of the license from the applicable licensing board in each state where the applicant has been licensed to practice counseling, if applicable;
(5) The name and contact information of the applicant's proposed supervisor;
(6) A statement of any criminal record, if applicable;
(7) A statement of any previous discipline, including denial, reprimand, revocation, or suspension of a previously held license; and
(8) A recent photograph.
A post graduate plan of supervision must be approved by the board prior to the applicant acquiring the supervision experience necessary to meet the licensure requirements of SDCL 36-32-64.
An application for a post graduate plan of supervision is required for each proposed supervisor. The application fee is waived for additional proposed supervisor applications submitted under this section.
A board approved post graduate plan of supervision is valid for two years from the date of issuance. An approved post graduate plan of supervision may be renewed one time. An application to renew a post graduate plan of supervision must be submitted at least 30 days before the expiration of the approved post graduate plan of supervision.
The board may grant an extension of an approved post graduate plan of supervision, if requested in writing by the supervisee, upon a showing of extenuating circumstances or undue hardship. A request for an extension must be made prior to the expiration of the approved post graduate plan of supervision.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-32-56.
Law Implemented: SDCL 36-32-64.
20:68:01:10. Application for licensed professional counselor. An applicant for a license to practice as a professional counselor shall submit to the board:
(1) A completed application;
(2) The applicable license fee;
(3) An official educational transcript from an accredited counseling program recognized by the board demonstrating a master's or doctoral degree in counseling consisting of at least 48 credit hours;
(4) Verification of a passing score on the National Counselor Examination administered by the National Board for Certified Counselors;
(5) Documentation of 2,000 hours of board approved supervision, as prescribed in this article, obtained subsequent to the granting of the applicant's degree in counseling;
(6) Verification of the license number and status of the license from the applicable licensing board in each state where the applicant has been licensed to practice counseling, if applicable;
(7) A statement of criminal record, if applicable;
(8) A statement of any previous discipline, including denial, reprimand, revocation, or suspension of a previously held license; and
(9) A recent photograph.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-32-56.
Law Implemented: SDCL 36-32-64.
20:68:01:11. Application for professional counselor by endorsement -- Applicant licensed in another state. An applicant licensed in another state for a minimum of three continuous years may apply for a license to practice counseling by submitting to the board:
(1) A completed application and the application fee;
(2) The applicable license fee;
(3) Verification of a passing score on the National Counselor Examination administered by the National Board for Certified Counselors;
(4) Verification of a current license to practice counseling, in good standing, issued by another state licensing board for a continuous period of at least three years immediately preceding the application;
(5) Verification of an active practice, as defined in SDCL 36-32-67, during the three-year period immediately preceding the application;
(6) A statement of any criminal record, if applicable;
(7) A statement of any previous discipline, including denial, reprimand, revocation, or suspension of a previously held license; and
(8) A recent photograph.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-32-56.
Law Implemented: SDCL 36-32-67.
20:68:01:12. Application for temporary license -- Applicant licensed in another state. An applicant licensed in another state for a minimum of three continuous years may apply for a temporary license to practice counseling by submitting to the board:
(1) A completed application and the application fee;
(2) The applicable license fee;
(3) Verification of a current license to practice counseling, in good standing, issued by another state licensing board for a continuous period of at least three years immediately preceding the application;
(4) Verification of an active practice, as defined in SDCL 36-32-67, during the three-year period immediately preceding the application;
(5) A statement of any criminal record, if applicable;
(6) A statement of any previous discipline, including denial, reprimand, revocation, or suspension of a previously held license; and
(7) A recent photograph.
A temporary license automatically expires ninety days after the date of issuance or upon passage of the National Counselors Examination administered by the National Board for Certified Counselors A temporary license may be renewed one time.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-32-56.
Law Implemented: SDCL 36-32-67
20:68:01:13. Application to reinstate an expired license. An expired license may be reactivated, as prescribed by SDCL 36-32-75, by submitting to the board:
(1) A completed application and the applicable license fees;
(2) Proof of qualified continuing education for the period of expiration; and
(3) Official verification of a passing score on the National Counselors Examination administered by the National Board for Certified Counselors after the date the original license expired.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-32-56.
Law Implemented: SDCL 36-32-75.
