Administrative Rule 20:73:04 | South Dakota Legislature

Source: 25 SDR 85, effective December 22, 1998; 30 SDR 121, effective February 17, 2004; 32 SDR 32, effective August 29, 2005; 34 SDR 73, effective September 17, 2007; 42 SDR 97, effective January 4, 2016; 47 SDR 42, effective October 14, 2020.

Rule 20:73:04:02 Transferred.

20:73:04:02. Transferred to § 20:73:04:07.

Rule 20:73:04:03 Repealed.

20:73:04:03. Supervision requirements and methods. Repealed.

Rule 20:73:04:04 Repealed.

20:73:04:04. Restrictions on applying supervised hours. Repealed.

Source: 32 SDR 32, effective August 29, 2005; 42 SDR 97, effective January 4, 2016; 47 SDR 42, effective October 14, 2020.

Rule 20:73:04:05 Repealed.

20:73:04:05. Supervisor application. Repealed.

Source: 42 SDR 97, effective January 4, 2016; 47 SDR 42, effective October 14, 2020.

Rule 20:73:04:06 Definitions.

20:73:04:06. 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 professional counselor-mental health 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 36-32-56.

Law Implemented: SDCL 36-32-65.

Rule 20:73:04:07 Supervisor qualifications.

20:73:04:07. Supervisor qualifications. An approved supervisor must be licensed as a professional counselor-mental health, marriage and family therapist, certified social worker-private independent practice, psychologist, or psychiatrist, in good standing with the applicable South Dakota state licensing board and be:

(1) Credentialed as an Approved Clinical Supervisor by the Center for Credentialing & Education, Inc. and recognized by the National Board for Certified Counselors, Inc. and Affiliates;

(2) 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 20:73:06, focused on supervision within two years prior to the date of application;

(3) Actively licensed for at least one year prior to the beginning of supervision with at least 15 hours of qualified continuing education, pursuant to chapter 20:73:06, focused on supervision within two years prior to the date of application; or

(4) 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: 25 SDR 85, effective December 22, 1998; 32 SDR 32, effective August 29, 2005; 34 SDR 73, effective September 17, 2007; 42 SDR 97, effective January 4, 2016; (transferred from § 20:73:04:02), 47 SDR 42, effective October 14, 2020.

General Authority: SDCL 36-32-56.

Law Implemented: SDCL 36-32-65.

Rule 20:73:04:08 Post graduate supervision requirements -- Professional counselor-mental health.

20:73:04:08. Post graduate supervision requirements -- Professional counselor-mental health. Post graduate supervision required for licensure as a professional counselor-mental health, as prescribed by SDCL 36-32-65, must take place pursuant to a board approved plan of supervision and consist of the following:

(1) A minimum of 2,000 hours of direct client contact; 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 may take place by electronic means, as prescribed by chapter 20:73:08 and must be synchronous.

For the purpose of this chapter, a supervisee may count a maximum of 1,000 hours of direct client contact hours and a maximum of 50 hours of supervision acquired with a board approved supervisor under a post graduate plan of supervision for a professional counselor issued pursuant to § 20:68:04:10 if the supervisor providing supervision under the post graduate plan of supervision for a professional counselor met the qualifications of § 20:73:04:07 at the time the supervision hours were acquired.

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: 47 SDR 42, effective October 14, 2020.

General Authority: SDCL 36-32-56.

Law Implemented: SDCL 36-32-65.

20:73:04:09. Recognition of supervision by a South Dakota licensing board -- Professional counselor-mental health. 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 counseling, as set forth in SDCL 36-32-47, and must be documented as prescribed by this chapter.

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

General Authority: SDCL 36-32-56.

Law Implemented: SDCL 36-32-65.

Rule 20:73:04:10 Supervisor application.

20:73:04:10. Supervisor application. An applicant seeking to be an approved 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: 47 SDR 42, effective October 14, 2020.

General Authority: SDCL 36-32-56.

Law Implemented: SDCL 36-32-65.

Rule 20:73:04:11 Renewal of approved supervisor status.

20:73:04:11. 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 20:73:06, 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 36-32-56.

Law Implemented: SDCL 36-32-65.

Rule 20:73:04:12 Supervisor duties.

20:73:04:12. 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) Counseling psychotherapy techniques;

(b) Appraisal, evaluation, and diagnostic procedures;

(d) Case management and record keeping;

(e) Professional identity and function; and

(f) Professional ethics and standards of practice; and

(6) Appropriate setting for supervisee practice.

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

General Authority: SDCL 36-32-56.

Law Implemented: SDCL 36-32-65.

Rule 20:73:04:13 Multiple supervisors.

20:73:04:13. 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 20:73:04:08(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 36-32-56.

Law Implemented: SDCL 36-32-65.

20:73:04:14. 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 professional counselor-mental health license pursuant to SDCL 36-32-65.

Source: 47 SDR 42, effective October 14, 2020; 49 SDR 51, effective November 24, 2022.

General Authority: SDCL 36-32-56.

Law Implemented: SDCL 36-32-65.

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