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Administrative Rules

CHAPTER 20:73:01

 

LICENSING REQUIREMENTS

 

 

Section

20:73:01:01        Definitions.

20:73:01:02        Application requirements.

20:73:01:03        Repealed.

20:73:01:04        Application denial.

20:73:01:05        Application for post graduate plan of supervision -- Professional counselor-mental health.

20:73:01:06        Application for licensed professional counselor-mental health.

20:73:01:07        Application for professional counselor-mental health by endorsement -- Applicant licensed in another state.

20:73:01:08        Application for temporary license -- Professional counselor-mental health --  Applicant licensed in another state.

20:73:01:09        Application to reinstate an expired license.

 

 




Rule 20:73:01:01 Definitions.

          20:73:01:01.  Definitions. Terms defined in SDCL chapter 36-32 have the same meaning when used in this article.

 

          Source: 25 SDR 85, effective December 22, 1998; 47 SDR 42, effective October 14, 2020.

          General Authority: SDCL 36-32-47.

          Law Implemented: SDCL 36-32-47.

 




Rule 20:73:01:02 Application requirements.

          20:73:01:02.  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 The licensee fee is refundable if the application is withdrawn or denied.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 A returned application is considered withdrawn.

 

          Source: 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.

          General Authority: SDCL 36-32-56.

          Law Implemented: SDCL 36-32-65, 36-32-67, 36-32-68, 36-32-75.

 




Rule 20:73:01:03 Repealed.

          20:73:01:03.  Licensure by reciprocity. Repealed.

 

          Source: 25 SDR 85, effective December 22, 1998; 32 SDR 32, effective August 29, 2005; 42 SDR 97, effective January 4, 2016; SL 2018, ch 238, § 6, effective February 5, 2018.

 




Rule 20:73:01:04 Application denial.

          20:73:01:04.  Application denial. An application may be denied for failure to meet the applicable licensure requirements or for any reasons set forth in SDCL 36-32-83. 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: 25 SDR 85, effective December 22, 1998; 47 SDR 42, effective October 14, 2020.

          General Authority: SDCL 36-32-56.

          Law Implemented: SDCL 36-32-65, 36-32-67, 36-32-68, 36-32-75.

 




Rule 20:73:01:05 Application for post graduate plan of supervision -- Professional counselor-mental health.

          20:73:01:05.  Application for post graduate plan of supervision -- Professional counselor-mental health. An applicant for a post graduate plan of supervision shall submit to the board:

 

          (1)  A completed application and the application fee;

          (2)  Verification the applicant holds an active license pursuant to SDCL 36-36-64;

          (3)  Official educational transcript from an accredited counseling program recognized by the board demonstrating a master's or doctoral degree in counseling with an emphasis in mental health consisting of at least 48 credit hours;

          (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.

 

          The board may approve a post graduate plan of supervision, the requirements of subdivision (3) notwithstanding, if the applicant meets all other provisions of this section and the applicant can address any deficiencies in the requirements of subdivision (3) by an option prescribed by § 20:73:03:03.

 

          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 36-32-65.

 

          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 only be renewed once. An application to renew a post graduate plan of supervision shall 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 a request is in writing to the board 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 36-32-65.

 




Rule 20:73:01:06 Application for licensed professional counselor-mental health.

          20:73:01:06.  Application for licensed professional counselor-mental health. An applicant for a license to practice as a professional counselor-mental health shall submit to the board:

 

          (1)  A completed application;

          (2)  The applicable license fee;

          (3)  Verification the applicant holds an active license pursuant to SDCL 36-32-64;

          (4)  An official educational transcript from an accredited counseling program recognized by the board demonstrating a master's or doctoral degree in counseling with an emphasis in mental health consisting of at least 48 credit hours;

          (5)  Verification of a passing score on the National Clinical Mental Health Counseling Examination administered by the National Board for Certified Counselors;

          (6)  Documentation of 2,000 hours of board approved supervision, as prescribed in this article, obtained subsequent to the granting of the applicant's master's or doctoral degree in counseling;

          (7)  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;

          (8)  A statement of criminal record, if applicable;

          (9)  A statement of any previous discipline, including denial, reprimand, revocation, or suspension of a previously held license; and

          (10)  A recent photograph.

 

          Source: 47 SDR 42, effective October 14, 2020.

          General Authority: SDCL 36-32-56.

          Law Implemented: SDCL 36-32-65.

 




Rule 20:73:01:07 Application for professional counselor-mental health by endorsement -- Applicant licensed in another state.

          20:73:01:07.  Application for professional counselor-mental health 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 Clinical Mental Health Counseling 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.

 




Rule 20:73:01:08 Application for temporary license -- Professional counselor-mental health -- Applicant licensed in another state.

          20:73:01:08.  Application for temporary license -- Professional counselor-mental health -- 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 36-32-68, 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 Clinical Mental Health Counseling 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 36-32-68.

 




Rule 20:73:01:09 Application to reinstate an expired license.

          20:73:01:09.  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)  Verification of a passing score on the National Clinical Mental Health Counseling 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.

 

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