HB 1056 revise certain provisions relating to the...
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State of South Dakota
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EIGHTY-SECOND SESSION
LEGISLATIVE ASSEMBLY,
2007
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400N0359
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HOUSE BILL
NO.
1056
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Introduced by:
The Committee on Health and Human Services at the request of the Board of
Counselor Examiners
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FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the practice of
counseling.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
36-32-1
be amended to read as follows:
36-32-1.
Terms as used in this chapter mean:
(1)
"Board," the Board of Counselor Examiners established under this chapter;
(2)
"Counseling," rendering or offering to render to any person, group, organization, or
the general public, a counseling service involving the application of clinical
counseling principles, methods, or procedures to assist any person in achieving more
effective personal, social, educational, or career development and adjustment;
(3)
"Counseling principles, methods, or procedures," an approach to counseling that
emphasizes the counselor's role in systematically assisting any client through all of
the following: assessing and analyzing background and current information,
formulating a conceptual understanding of the problem, exploring possible solutions,
and developing and providing a treatment plan for mental and emotional adjustment
or development
"Counseling treatment interventions," the application of cognitive,
affective, behavioral, and systemic counseling strategies which include principles of
development, wellness, and pathology implemented in the context of a professional
counseling relationship
;
(4)
(3)
"Doctorate or master's degree in counseling," completion of study following a
bachelor's degree in a clearly identified counseling program which stands as a
recognizable organizational entity within an accredited institution of higher learning
and which includes participation in a supervised practicum and internship in
counseling;
(5)
(4)
"Postgraduate," following completion of study for a master's or doctoral degree;
(5) "Practice of professional counseling," application of mental health, psychological,
and human development principles in order to:
(a) Facilitate human development and adjustment throughout the life span;
(b) Prevent, diagnose, and treat mental, emotional, or behavioral disorders and
associated distresses which interfere with mental health;
(c) Conduct assessments and diagnoses for the purpose of establishing treatment
goals and objectives; and
(d) Plan, implement, and evaluate treatment plans using counseling treatment
interventions;
(6)
"Supervised internship," an actual on-the-job-experience in professional counseling
under the supervision of an on-site supervisor who is a licensed professional
counselor or related mental health professional or who is eligible to be licensed;
(7)
"Supervised practicum," the providing of counseling to any bona fide client or group
seeking services from a counselor. This supervised practicum shall be under the
direction of a qualified graduate faculty member and includes critiquing of
counseling, either observed or recorded on audio or video tape.
Section
2.
That
§
36-32-9
be amended to read as follows:
36-32-9.
It is a Class 2 misdemeanor for any person to engage in the practice, or attempt to
practice,
counseling as a licensed professional counselor without a license, or licensed
professional counselor--mental health without a certificate,
professional counseling as defined
in subdivision 36-32-1(5) and collect a fee for the service without a license
issued pursuant to
this chapter.
Section
3.
That
§
36-32-12
be amended to read as follows:
36-32-12.
Nothing in this chapter may be construed to prevent anyone from doing work
within the standards and ethics of the person's respective profession or calling, provided the
person does not hold himself or herself out to the public as a counselor by using the title
"licensed professional counselor," "licensed counselor" or "licensed professional counselor--
mental health" unless the person is licensed or certified under this chapter.
This chapter does
not apply to the activities and services of a person practicing professional counseling as defined
in subdivision 36-32-1(5) as part of that person's duties as a:
(1) Professional licensed or certified under this title acting in a manner consistent with
state law regarding the scope of practice;
(2) Person employed by a school, college, university, or other institution of higher
learning;
(3) Person employed by a federal, state, county, or local governmental institution or
agency while performing those duties for which the person was employed by such
institution, agency, or facility;
(4) Person who is employed by a licensed health care facility, an accredited prevention
or treatment facility, an adjustment training center, a nonprofit mental health center,
or a licensed or registered child welfare agency;
(5) Member of the clergy while acting in a ministerial capacity if the activity is within
the scope of performance of regular or specialized duties;
(6) Post-graduate supervised trainee who has an approved plan of supervision on file
with the board;
(7) Mental health practitioner who has a minimum of a master's degree in counseling or
a related mental health field with a plan of supervision and original transcripts on file
with the board before July 1, 2008; or
(8)
Students enrolled in recognized programs of study leading to counseling degrees
may practice only under the direct supervision of a counselor educator or counselor
licensed under this chapter.
Section
4.
That chapter
36-32
be amended by adding thereto a NEW SECTION to read as
follows:
The requirements of subdivisions 36-32-13(5), (6) and (7) are waived if the applicant:
(1) Has a master's degree in counseling or a related mental health field;
(2) Has completed an application for licensure before January 1, 2008; and
(3) Submits three letters of verification on forms provided by the board documenting a
minimum of ten years of at least half-time professional counseling as defined in
subdivision 36-32-1(5) in the immediate preceding fifteen years.
