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 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;

             (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;

             (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, 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.   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;

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             (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.

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An Act to revise certain provisions relating to the practice of counseling.

========================= I certify that the attached Act originated in the HOUSE as Bill No. 1056 ____________________________ Chief Clerk =========================      ____________________________ Speaker of the House Attest: ____________________________ Chief Clerk ____________________________ President of the Senate Attest: ____________________________ Secretary of the Senate House Bill No. 1056 File No. ____ Chapter No. ______

========================= Received at this Executive Office this _____ day of _____________ , 20____ at ____________ M. By _________________________ for the Governor ========================= The attached Act is hereby approved this ________ day of ______________ , A.D., 20___ ____________________________ Governor ========================= STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________ , 20___ at _________ o'clock __ M. ____________________________ Secretary of State By _________________________ Asst. Secretary of State