20:71:01:01. Definitions. Terms defined in SDCL chapter 36-33 have the same meaning when used in this article.
Source: 22 SDR 97, effective January 24, 1996; 42 SDR 97, effective January 4, 2016; 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-34.
Law Implemented: SDCL 36-33-34.
CHAPTER 20:71:02
LICENSING REQUIREMENTS
Section
20:71:02:01 Application requirements.
20:71:02:02 Repealed.
20:71:02:03 Repealed.
20:71:02:04 Application denial.
20:71:02:05 Application for post graduate plan of supervision.
20:71:02:06 Application for licensed marriage and family therapists.
20:71:02:07 Application for marriage and family therapist by endorsement -- Applicant licensed in another state.
20:71:02:08 Application for temporary license -- Applicant licensed in another state.
20:71:02:09 Application to reinstate an expired license.
20:71:02:10 Academic requirements.
20:71:02:11 Approved marriage and family therapy program.
20:70:02:12 Post degree completion of academic requirements for licensure -- Marriage and family therapist.
20:70:02:13 Credit hour equivalency.
20:71:02:01. Application requirements. An application for a license, temporary license, renewal of license, inactive license, or reactivated license must use the 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 The licensee fee is refundable if the application is withdrawn or denied.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 penalty 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 A returned application is considered to be withdrawn.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: 22 SDR 97, effective January 24, 1996; 42 SDR 97, effective January 4, 2016; 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-43, 36-33-45, 36-33-46, 36-33-50, 36-33-52, 36-33-53, 36-33-66.
20:71:02:03. Licensure by reciprocity. Repealed.
Source: 42 SDR 97, effective January 4, 2016; SL 2018, ch 238, § 5, effective February 5, 2018.
20:71:02:04. Application denial. An application may be denied for failure to meet the applicable licensure requirements or for any reasons set forth in SDCL 36-33-61. 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 36-33-71.
Law Implemented: SDCL 36-33-43, 36-33-45, 36-33-46, 36-33-50, 36-33-52, 36-33-53, 36-33-66.
20:71:02:05. Application for post graduate plan of supervision. 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 marriage and family therapy program recognized by the board demonstrating a master's or doctoral degree in counseling consisting of at least 48 credit hours;
(3) 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;
(4) The name and contact information of the applicant's proposed supervisor;
(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 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 36-33-43.
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 36-33-71.
Law Implemented: SDCL 36-33-43.
20:71:02:06. Application for licensed marriage and family therapists. An applicant for a license to practice as a marriage and family therapist 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 marriage and family therapy consisting of at least 48 credit hours;
(4) Verification of a passing score on the National Examination in Marital and Family Therapy administered by the Association of Marital and Family Therapy Regulatory Boards;
(5) Documentation of 1,700 hours of board approved supervision, as prescribed in this article, obtained subsequent to the granting of the applicant's master's or doctoral degree;
(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 36-33-71.
Law Implemented: SDCL 36-33-43.
20:71:02:07. Application for marriage and family therapist 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 Examination in Marital and Family Therapy administered by the Association of Marital and Family Therapy Regulatory Boards;
(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 36-33-45, 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 36-33-71.
Law Implemented: SDCL 36-33-45.
20:71:02:08. 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 36-33-46, 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 Examination in Marital and Family Therapy administered by the Association of Marital and Family Therapy Regulatory Boards. A temporary license may be renewed one time.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-46.
20:71:02:09. Application to reinstate an expired license. An expired license may be reactivated, as prescribed by SDCL 36-33-53, by submitting to the board:
(1) A completed application and the applicable license fee;
(2) Proof of qualified continuing education for the period of expiration; and
(3) Verification of a passing score on the National Examination in Marital and Family Therapy administered by the Association of Marital and Family Therapy Regulatory Boards after the date the original license expired.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-53.
20:71:02:10. Academic requirements. Academic requirements to become a marriage and family therapist must be completed at a university or college accredited by the:
(1) Higher Learning Commission;
(2) Middle States Commission on Higher Education;
(3) New England State Association of Schools and Colleges Commission on Institutions of Higher Education;
(4) Northwest Commission on Colleges and Universities;
(5) Southern Association of Colleges and Schools Commission on Colleges; or
(6) Western Association of Schools and Colleges.
The applicant's postgraduate degree in marriage and family therapy must be at least a 48 credit hour master's degree or doctoral degree.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-43.
20:71:02:11. Approved marriage and family therapy program. Academic requirements to become a marriage and family therapist must be completed through a board approved program. An approved program is:
(1) A program accredited by the Commission on Accreditation for Marriage and Family Therapy Education;
(2) A program with specialty training in marriage and family counseling or therapy which is accredited by the Council for Accreditation of Counseling and Related Educational Programs; or
(3) An organized sequence of study in the area of marriage and family therapy that includes graduate course work in each of the following areas:
(a) Marriage and family studies introductory systems theory, family development, family systems (marital, sibling, individual subsystems), special family issues, gender and cultural issues, all with major focus from a systems theory orientation;
(b) Marriage and family therapy advanced systems theory and interventions, major systemic marriage and family treatment approaches, (structural, strategic, neoanalytic (object relations), behavioral marriage and family therapy, communications, sex therapy, etc.);
(c) Human development: At least one course in psychopathology-abnormal behavior is required and at least one course in assessment is required. The third course may be selected from human development (normal and abnormal), personality theory, or human sexuality;
(d) Professional studies: Professional ethics as a therapist including legal and ethical responsibilities and liabilities, family law, etc;
(e) Research: Research course in marriage and family studies and therapy including research design, methodology, statistics; and
(f) Practicum: one year minimum during graduate work: 15 hours per week, approximately eight to ten hours in direct clinical contact with individuals, couples, and families. Minimum of three hundred client contact hours required.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-43.
20:71:02:12. Post degree completion of academic requirements for licensure -- Marriage and family therapist. An applicant whose graduate degree in counseling is based on less than 48 approved credit hours, who did not complete the necessary supervised professional practicum as part of the degree program, or who did not complete coursework in the areas prescribed by subdivision 20:68:03:02(2) may complete the missing academic requirements if:
(1) No more than 12 semester credits are completed post degree for purposes of meeting the academic requirements of subdivision 20:71:02:11(3);
(2) All necessary academic requirements are completed through an approved university or college that meets the requirements of this chapter; and
(3) All necessary academic requirements are taken and passed for credit.
Post degree completion of academic requirements for licensure must be completed and verified prior to the issuance of a post graduate plan of supervision.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-43.
20:71:02:13. Credit hour equivalency. For purposes of this article, 48 semester credit hours equal 72 quarter credit hours.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-43.
20:71:03:01. Approved examination. The Association of Marital and Family Therapy Regulatory Board's National Examination in Marital and Family Therapy is required for licensure as a marriage and family therapist. An examination deemed equivalent to the National Examination in Marital and Family Therapy by the Board may be accepted for licensure as a marriage and family therapist.
Source: 22 SDR 97, effective January 24, 1996; 42 SDR 97, effective January 4, 2016; 47 SDR 42, effective October 14, 2020; 49 SDR 51, effective November 24, 2022.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-43, 36-33-45, 36-33-46, 36-33-53.
20:71:04:01. Remittance of fees. Application fees must be remitted to the board in the form prescribed by the board and payable to the state of South Dakota. The board may take no action on any application until the fee is received.
Source: 22 SDR 97, effective January 24, 1996; 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-70.
Law Implemented: SDCL 36-33-43, 36-33-45, 36-33-46, 36-33-53.
20:71:04:02. Fee schedule. The fees applicable under this chapter are as follows:
(1) Application fee, $100;
(2) Biennial license fee, $225;
(3) Temporary license fee, $50;
(4) Inactive license fee, $25.
Source: 22 SDR 97, effective January 24, 1996; 25 SDR 85, effective December 22, 1998; 26 SDR 150, effective May 21, 2000; 28 SDR 51, effective October 14, 2001; 42 SDR 97, effective January 4, 2016; 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-70.
Law Implemented: SDCL 36-33-43, 36-33-45, 36-33-46, 36-33-53.
CHAPTER 20:71:05
SUPERVISION
Section
20:71:05:00 Definitions.
20:71:05:01 Supervisor qualifications.
20:71:05:02 Post graduate supervision requirements -- Marriage and family therapist.
20:71:05:03 Repealed.
20:71:05:04 Recognition of supervision by a South Dakota licensing board -- Marriage and family therapist.
20:71:05:05 Repealed.
20:71:05:06 Supervisor application.
20:71:05:07 Renewal of approved supervisor status.
20:71:05:08 Supervisor duties.
20:71:05:09 Multiple supervisors.
20:71:05:10 Completion or termination of post graduate plan of supervision.
20:71:05:11 Personal counseling or therapy permitted as direct client contact hours.
20:71:05:00. Definitions. As used in this chapter:
(1) "Contact hour" means a continuous period of time spent with a client. A contact hour may be accumulated in increments of 15 or 20 minutes. One contact hour equals at least 50 total minutes of time spent with a client;
(2) "Direct client contact" means synchronous contact with a client;
(3) "In person" means physically present in the same location at the same time;
(4) "Supervisee" means an applicant for licensure as a marriage and family therapist who is acquiring necessary post graduate supervision hours for licensure under a board approved post graduate plan of supervision;
(5) "Supervisor" means an approved licensee who meets the requirements of this chapter and has been approved by the board to provide post graduate supervision to an approved supervisee; and
(6) "Synchronous" means an interaction between two individuals or group of people using what is seen and heard in person to communicate in real time.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-43.
20:71:05:01. Supervisor qualifications. An approved supervisor must be licensed as a professional counselor-mental health or a marriage and family therapist, in good standing with the applicable South Dakota state licensing board, and be:
(1) Actively licensed for at least two years prior to the beginning of supervision with at least four hours of qualified continuing education, pursuant to chapter 20:71:06, focused on supervision within two years prior to the date of application;
(2) Actively licensed for at least one year prior to beginning supervision with at least 15 hours of qualified continuing education, pursuant to 20:71:06, focused on supervision within two years prior to the date of application; or
(3) An American Association for Marriage and Family Therapy approved clinical supervisor.
Approval as a supervisor is automatically revoked if the approved supervisor ceases to meet the qualification on which approval as a supervisor was granted or if the supervisor is subject to disciplinary action by the applicable state licensing board.
Source: 22 SDR 97, effective January 24, 1996; 25 SDR 85, effective December 22, 1998; 42 SDR 97, effective January 4, 2016; 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-43.
20:71:05:02. Post graduate supervision requirements -- Marriage and family therapist. Post graduate supervision required for licensure as a marriage and family therapist, as prescribed by SDCL 36-33-43, must take place pursuant to a board approved plan of supervision and consist of the following:
(1) A minimum of 1,600 hours of direct client contact. No more than 1,000 direct client contact hours may be acquired by counseling provided through electronic means, as prescribed by chapter 20:71:08. All other direct client contact hours must be acquired in-person; and
(2) A minimum of 100 hours of supervision with a board approved supervisor. At least one hour of supervision must take place for every 20 hours of direct client contact by the supervisee. Supervision may be individual or with a group. For the purpose of this chapter, individual supervision is supervision between a supervisor and up to two supervisees. Group supervision is supervision between a supervisor and three or more supervisees. No more than 50 hours of the required supervision may be group supervision.
Supervision must include at least five hours of each of the following supervision methods:
(a) Presentation and staffing of cases;
(b) Direct observations of the supervisee through in person or recorded sessions;
(c) Co-counseling with the supervisee; and
(d) Review of supervisee recordkeeping.
Supervision may take place by electronic means, as prescribed by chapter 20:71:08 and must be synchronous.
For the purpose of this chapter, a supervisee may count a maximum of 100 hours of personal counseling or therapy as direct client contact hours necessary to meet the requirements of subdivision 20:71:02:06(5). The personal counseling or therapy must be with a professional counselor, professional counselor-mental health, certified social worker-private independent practice, psychologist, or psychiatrist and is subject to verification by the board. Personal counseling or therapy may not be with the supervisee’s approved supervisor. Personal counseling or therapy may be received through electronic means, as prescribed by chapter 20:71:08, or in person.
Direct client contact hours and supervision hours must be recorded on a form provided by the board. For purposes of this chapter, only hours acquired with a board approved supervisor may be compliant.
Source: 25 SDR 85, effective December 22, 1998; 30 SDR 121, effective February 17, 2004; 42 SDR 97, effective January 4, 2016; 47 SDR 42, effective October 14, 2020; 49 SDR 51, effective November 24, 2022.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-43.
20:71:05:04. Recognition of supervision by a South Dakota licensing board -- Marriage and family therapist. The board may recognize direct client contact hours acquired pursuant to supervision approved and overseen by another South Dakota licensing board. Such hours must meet the definition of the practice of marriage and family therapy, as set forth in SDCL 36-33-34, and must be documented as prescribed by this chapter.
Source: 42 SDR 97, effective January 4, 2016; 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-43.
20:71:05:05. Private practice not permitted. Repealed.
Source: 42 SDR 97, effective January 4, 2016; 47 SDR 42, effective October 14, 2020.
20:71:05:06. Supervisor application. An applicant seeking approval as a supervisor shall submit to the board:
(1) A completed application;
(2) Verification of qualifications, as prescribed by this chapter, to be an approved supervisor;
(3) Verification of licensure, in good standing, by the applicable South Dakota state licensing board;
(4) A statement of any criminal record, if applicable;
(5) A statement of any previous discipline, including denial, reprimand, revocation, or suspension of a previously held license; and
(6) A recent photograph.
Source: 42 SDR 97, effective January 4, 2016; 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-43.
20:71:05:07. Renewal of approved supervisor status. Approval as a supervisor is valid from the date of approval through November 30 of the next even-numbered year and is subject to renewal. An approved supervisor may renew status as an approved supervisor by submitting to the board a completed application and proof of at least four hours of qualified continuing education, pursuant to chapter 20:71:06, focused on supervision, acquired during the current continuing education cycle.
Failure to renew approval as a supervisor by November 30 of an even-numbered year automatically expires the approval and any post graduate plan of supervision authorized with the supervisor. A previously approved supervisor may be reinstated as an approved supervisor upon submission of an application and verification of qualifications, pursuant to this chapter, as of the date of the application.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-43.
20:71:05:08. Supervisor duties. An approved supervisor is responsible for the meaningful supervision of a supervisee through an intensive, interpersonal, and focused relationship to facilitate the development of the supervisee during a period of post graduate supervision. An approved supervisor is responsible for ensuring that:
(1) Client welfare is protected;
(2) The supervisee functions within the limits of the supervisee's competence;
(3) The supervision occurs in activities relevant to the supervisee's position and academic background;
(4) The supervision is designed to expand and improve skills in areas for which the supervisee has academic background but limited training;
(5) The supervision covers theoretical approaches in:
(a) Marriage and family therapy techniques;
(b) Appraisal, evaluation, and diagnostic procedures;
(c) Treatment planning and implementation;
(d) Case management and record keeping;
(e) Professional identity and function; and
(f) Professional ethics and standards of practice; and
(6) The setting for supervisee practice is appropriate.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-43.
20:71:05:09. Multiple supervisors. A supervisee may have more than one approved supervisor. Each supervisor is responsible for the supervision of the supervisee during the time an approved post graduate plan of supervision with the supervisor is in effect. The frequency of supervision requirements prescribed by subdivision 20:71:05:02(2) may be met by one supervisor for any given period, if the supervisee has multiple supervisors.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-43.
20:71:05:10. Completion or termination of post graduate plan of supervision. An approved supervisor shall notify the board, in writing, of the completion or termination of an approved post graduate plan of supervision within 14 days of the completion or termination. The approved supervisor shall provide the supervisee with a completed verification of supervision hours, if applicable, within 14 days of the completion or termination of the post graduate plan of supervision.
A post graduate plan of supervision automatically terminates upon the issuance of a marriage and family therapist license pursuant to SDCL 36-33-43.
Source: 47 SDR 42, effective October 14, 2020; 49 SDR 51, effective November 24, 2022.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-43.
20:71:05:11. Personal counseling or therapy permitted as direct client contact hours. For purposes of this chapter, a supervisee may count a maximum of 100 hours of personal counseling or therapy as direct client contact hours necessary to meet the requirements of § 20:71:02:06. The personal counseling or therapy must be with a professional counselor, professional counselor-mental health, certified social worker-private independent practice, psychologist, or psychiatrist and is subject to verification by the board. Personal counseling or therapy may not be with the supervisee's approved supervisor.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-43.
CHAPTER 20:71:06
CONTINUING EDUCATION
Section
20:71:06:01 Repealed.
20:71:06:02 Repealed.
20:71:06:03 Repealed.
20:71:06:04 Repealed.
20:71:06:05 Repealed.
20:71:06:06 Repealed.
20:71:06:07 Repealed.
20:71:06:08 Repealed.
20:71:06:09 Repealed.
20:71:06:10 Repealed.
20:71:06:11 Repealed.
20:71:06:12 Repealed.
20:71:06:13 Repealed.
20:71:06:14 Repealed.
20:71:06:15 Repealed.
20:71:06:16 Repealed.
20:71:06:17 Repealed.
20:71:06:18 Repealed.
20:71:06:19 Repealed.
20:71:06:20 Definitions.
20:71:06:21 Continuing education requirements.
20:71:06:22 Record keeping.
20:71:06:23 Qualified continuing education.
20:71:06:24 Restrictions on continuing education credit.
20:71:06:25 Approved continuing education programs.
20:71:06:26 Credit for presentations and publications.
20:71:06:01. Definitions.Repealed.
Source: 22 SDR 8, effective July 25, 1996; repealed, 25 SDR 85, effective December 22, 1998.
20:71:06:02. Continuing education compliance period.Repealed.
Source: 22 SDR 8, effective July 25, 1996; repealed, 25 SDR 85, effective December 22, 1998.
20:71:06:03. Continuing education requirements.Repealed.
Source: 22 SDR 8, effective July 25, 1996; repealed, 25 SDR 85, effective December 22, 1998.
20:71:06:04. Proof of compliance required.Repealed.
Source: 22 SDR 8, effective July 25, 1996; repealed, 25 SDR 85, effective December 22, 1998.
20:71:06:05. Notice of noncompliance.Repealed.
Source: 22 SDR 8, effective July 25, 1996; repealed, 25 SDR 85, effective December 22, 1998.
20:71:06:06. Sources of continuing education credit.Repealed.
Source: 22 SDR 8, effective July 25, 1996; repealed, 25 SDR 85, effective December 22, 1998.
20:71:06:07. Restrictions on continuing education credit.Repealed.
Source: 22 SDR 8, effective July 25, 1996; repealed, 25 SDR 85, effective December 22, 1998.
20:71:06:08. Standards for approval.Repealed.
Source: 22 SDR 8, effective July 25, 1996; repealed, 25 SDR 85, effective December 22, 1998.
20:71:06:09. Approval of sponsors.Repealed.
Source: 22 SDR 8, effective July 25, 1996; repealed, 25 SDR 85, effective December 22, 1998.
20:71:06:10. Prior approval of activities.Repealed.
Source: 22 SDR 8, effective July 25, 1996; repealed, 25 SDR 85, effective December 22, 1998.
20:71:06:11. Post approval of activities.Repealed.
Source: 22 SDR 8, effective July 25, 1996; repealed, 25 SDR 85, effective December 22, 1998.
20:71:06:12. Review of programs -- Reevaluation of sponsors.Repealed.
Source: 22 SDR 8, effective July 25, 1996; repealed, 25 SDR 85, effective December 22, 1998.
20:71:06:13. Credit for presentations and publications.Repealed.
Source: 22 SDR 8, effective July 25, 1996; repealed, 25 SDR 85, effective December 22, 1998.
20:71:06:14. Application for waiver of continuing education requirements.Repealed.
Source: 22 SDR 8, effective July 25, 1996; repealed, 25 SDR 85, effective December 22, 1998.
20:71:06:15. Waiver of continuing education requirements -- Inactive status.Repealed.
Source: 22 SDR 8, effective July 25, 1996; repealed, 25 SDR 85, effective December 22, 1998.
20:71:06:16. Termination of inactive status.Repealed.
Source: 22 SDR 8, effective July 25, 1996; repealed, 25 SDR 85, effective December 22, 1998.
20:71:06:17. Reinstatement of lapsed license.Repealed.
Source: 22 SDR 8, effective July 25, 1996; repealed, 25 SDR 85, effective December 22, 1998.
20:71:06:18. Suspension or revocation of license.Repealed.
Source: 22 SDR 8, effective July 25, 1996; repealed, 25 SDR 85, effective December 22, 1998.
20:71:06:19. Continuing education compliance. Repealed.
Source: 25 SDR 85, effective December 22, 1998; 47 SDR 42, effective October 14, 2020.
20:71:06:20. Definitions. As used in this chapter:
(1) "Continuing education cycle" means a two-year period that begins on December 1 of an even-numbered year and ends on November 30 of the next even-numbered year;
(2) "In-house program" means a program planned and presented by the licensee for the purpose of educating staff in the same office; and
(3) "Licensee" means a person licensed to practice as a licensed marriage and family therapist in this state.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-50, 36-33-51, 36-33-52, 36-33-53.
20:71:06:21. Continuing education requirements. A licensee shall complete 40 hours of qualified continuing education in each continuing education cycle. At least four of the continuing education hours must be on the subject of marriage and family ethics. Continuing education required for renewal of a license must be prorated in six month increments for a licensee granted an initial license during a continuing education cycle. Upon application for renewal, a licensee shall verify under penalty of perjury that all continuing education information provided on the application is true and correct. The licensee shall supply sufficient detail to permit verification of the qualified continuing education if notified of an audit by the board.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-50, 36-33-51, 36-33-52, 36-33-53.
20:71:06:22. Record keeping. The licensee shall maintain records to verify continuing education used to renew a license. A licensee shall maintain verification records in the form of a completion certificate or other documents supporting evidence of completion. These records must be maintained for four years after the date of renewal of the license.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-50, 36-33-51, 36-33-52, 36-33-53.
20:71:06:23. Qualified continuing education. Qualified continuing education is an academic course, workshop, clinic, forum, lecture, program, seminar, or other educational activity delivered for the purpose of increasing or sustaining the proficiency of the licensee in the practice of marriage and family therapy, as defined in SDCL subdivision 36-33-34(3).
An academic semester credit equals 15 continuing education hours and a quarter credit equals ten continuing education hours.
No qualified continuing education may be repeated in consecutive continuing education cycles.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-50, 36-33-51, 36-33-52, 36-33-53.
20:71:06:24. Restrictions on continuing education credit. A licensee may not receive more than eight contact hours during a continuing education compliance period from qualified in-house programs.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-50, 36-33-51, 36-33-52, 36-33-53.
20:71:06:25. Approved continuing education programs. The board will accept qualified continuing education programs accredited, approved, or presented by the following organizations or the organization's state affiliate:
(1) American Association of Marriage and Family Therapists;
(2) American Association of Social Workers;
(3) American Medical Association;
(4) American Psychological Association;
(5) Commission on Rehabilitation Counselor Certification;
(6) Joint Commission for Accreditation of Health Care Organizations;
(7) National Board for Certified Counselors;
(8) South Dakota Association of Addiction and Prevention Professionals;
(9) South Dakota Board of Addiction and Prevention Professionals;
(10) South Dakota Board of Examiners for Psychologists;
(11) South Dakota Board of Social Work Examiners;
(12) South Dakota Corrections Association;
(13) South Dakota Counseling Association;
(14) South Dakota Department of Human Services;
(15) South Dakota Department of Social Services; and
(16) The state licensing board for counselors or marriage and family therapists of another state.
The board may approve other qualified continuing education programs upon request. A licensee who desires approval of a continuing education program may apply on a form approved by the board.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-50, 36-33-51, 36-33-52, 36-33-53.
20:71:06:26. Credit for presentations and publications. A licensee who has prepared an academic counseling or marriage and family therapy course, a counseling or marriage and family therapy in-service training workshop, or a counseling or marriage and family therapy seminar or who has written as first author a counseling or marriage and family therapy article accepted for publication in a recognized professional journal is allowed a maximum of ten contact hours in each compliance period for each original presentation or publication. Verification of completion of the presentation or the letter of acceptance to publish, must be maintained by the licensee consistent with the requirements of this chapter.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-50, 36-33-51, 36-33-52, 36-33-53.
20:71:07:01. Ethical standards. A licensee, supervisee, or supervisor shall comply with the ethical standards as set forth in the American Association for Marriage and Family Therapy Code of Ethics, as of January 1, 2015.
Source: 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.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-61(10).
Reference: American Association for Marriage and Family Therapy Code of Ethics, effective January 1, 2015. Copies may be obtained from the American Association for Marriage and Family Therapy, 112 S. Alfred Street, Alexandria, VA, (703-838-9808), or online at www.aamft.org.
CHAPTER 20:71:08
MARRIAGE AND FAMILY THERAPY THROUGH ELECTRONIC MEANS
Section
20:71:08:01 Definitions.
20:71:08:02 Standards for marriage and family therapy through electronic means.
20:71:08:01. Definitions. As used in this chapter:
(1) "Electronic means" means any technology used to provide or receive counseling services; and
(2) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, amended January 1, 2020.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-69.
20:71:08:02. Standards for marriage and family therapy through electronic means. Marriage and family therapy provided through electronic means must adhere to the requirements of this article, HIPAA regulations, and the ethical requirements of chapter 20:71:07. Failure to adhere to these regulations and requirements may be considered unprofessional conduct by the board and subject to disciplinary action.
Source: 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 36-33-71.
Law Implemented: SDCL 36-33-69.
