Repealed by SL 2005, ch 199, § 61.
Repealed by SL 2010, ch 195, § 2.
36-26-21. Times and places of examinations.
The board shall hold examinations at least annually and from time to time at such place or places as the board may designate.
Source: SL 1975, ch 22, § 21.
36-26-22. Re-examinations allowed--Fee.
Any applicant failing to pass the examination provided by this chapter shall be entitled within six months to a re-examination upon payment of an additional fee to be set by the board, but two such re-examinations shall exhaust the privilege under the original application.
Source: SL 1975, ch 22, § 19.
36-26-23. Expiration and renewal of licenses--Renewal fee.
All licenses issued by the board shall expire on the first day of January of the second year succeeding the issuance thereof. A license may be renewed every two years upon the payment of a fee to be fixed by the board.
Source: SL 1975, ch 22, § 23.
36-26-24. Display of license.
Each social work license shall be conspicuously displayed at the place of practice of the licensee within thirty days after issuance of such license.
Source: SL 1975, ch 22, § 22.
36-26-25. Annual publication of names of licensees and private practitioners.
In addition to the duties set forth elsewhere in this chapter, the board shall annually publish a list of the names and addresses of all persons who are:
(1) Licensed certified social workers under this chapter;
(2) Licensed social workers under this chapter;
(3) Licensed social work associates under this chapter;
(4) Eligible to engage in the private, independent practice of social work under this chapter.
Source: SL 1975, ch 22, § 27.
36-26-26. Continuing education required--Waiver.
Attendance at postgraduate work as may be prescribed by the board, is a further requirement for renewal of any license. In no instance may the board require a greater number of hours of annual continuing education study than are available at courses approved by the board and held within the state. The board shall be allowed to waive the continuing education requirement in case of certified illness or undue hardship.
Source: SL 1975, ch 22, § 25.
36-26-27. Failure to renew as forfeiture of license--Restoration upon application and payment of fee.
Failure of a licensee to renew his license on or before the first day of July of the year of expiration shall constitute a forfeiture of such license; provided, however, that any person who has so forfeited his license under this chapter may have the same restored to him by making written application therefor and by payment of the renewal fee for the current term.
Source: SL 1975, ch 22, § 23.
36-26-28. Re-examination required after lapse of license.
Any licensee who does not renew his or her license for two consecutive years because of sickness or other reason, or absence from the State of South Dakota, must take the examination as prescribed for an applicant to become a licensee and comply with all the provisions hereof, applicable to any applicant to become a licensee.
Source: SL 1975, ch 22, § 24.
36-26-29. Promulgation of rules by board.
The board may promulgate rules pursuant to chapter 1-26 that set standards for professional practice, establish the procedure for the licensure, eligibility, continuing education, supervision, and examination for certified social workers, social workers, and social work associates.
Source: SL 1975, ch 22, § 26; SL 1986, ch 302, § 61.
36-26-30. Social worker-client privilege--Exceptions.
No licensed certified social worker, social worker, or social work associate or his employee may disclose any information he may have acquired from persons consulting him in his professional capacity that was necessary to enable him to render services in his professional capacity to those persons except:
(1) With the written consent of the person or persons or, in the case of death or disability, of his own personal representative, other person authorized to sue, or the beneficiary of an insurance policy on his life, health, or physical condition;
(2) That a licensed certified social worker, licensed social worker, or licensed social work associate shall not be required to treat as confidential a communication that reveals the contemplation of a crime or a harmful act;
(3) When the person is a minor under the laws of this state and the information acquired by the licensed certified social worker, licensed social worker, or licensed social work associate indicated that the minor was the victim or subject of a crime, the certified social worker, the social worker, or the social work associate may be required to testify fully in any examination, trial, or other proceeding in which the commission of such a crime is the subject of inquiry;
(4) When the person waives the privilege by bringing charges against the licensed certified social worker, social worker, or social work associate.
Source: SL 1975, ch 22, § 41.
36-26-31. Examination and inspection of private establishments--Access to premises.
It shall be the duty of the board at least annually and from time to time to examine and inspect or cause to be examined and inspected all private social work establishments in the state. Said board and its agents and employees shall have the authority to enter and inspect any private social work establishment at any time when the establishment is open for the transaction of business.
Source: SL 1975, ch 22, § 21.
36-26-32. Grounds for denial, revocation, suspension, or cancellation of license.
The board may deny, revoke, suspend, or cancel any license or application for licensure to practice as a certified social worker, social worker, or social work associate and may take such other disciplinary or corrective action as the board deems appropriate upon any one or more of the following grounds:
(1) The licensee or applicant is guilty of fraud in the practice of social work or fraud or deceit in the licensee's admission to the practice of social work;
(2) The licensee or applicant has been convicted during the past five years of a felony. The conviction of a felony shall be the conviction of any offense, which if committed within the State of South Dakota would constitute a felony under the laws thereof;
(3) The licensee or applicant is engaged in the practice of social work under a false or assumed name and has not registered that name pursuant to chapter 37-11, or is impersonating another practitioner of a like or different name;
(4) The licensee or applicant is addicted to the use of intoxicating liquors, narcotics or stimulants to such an extent as to incapacitate him or her from the performance of his or her professional duties;
(5) The physical or mental condition of the licensee or applicant is determined by a competent medical examiner to be such as to jeopardize or endanger those who seek relief from the licensee or applicant. A majority of the board may demand an examination of the licensee or applicant by a competent medical examiner selected by the board at the board's expense. If the licensee or applicant fails to submit to the examination, this shall constitute immediate grounds for suspension of the licensee's license or denial of the application for licensure;
(6) The licensee or applicant has been found in violation of the code of ethics of the National Association of Social Workers;
(7) Obtaining or attempting to obtain a license, certificate, or renewal thereof by bribery or fraudulent representation;
(8) Knowingly making a false statement in connection with any application under this chapter;
(9) Knowingly making a false statement on any form promulgated by the board in accordance with this chapter or the rules promulgated under this chapter;
(10) The licensee or applicant has violated any provision of this chapter or the rules promulgated under this chapter; and
(11) Cancellation, revocation, suspension, or refusal to renew a certificate, license, or permit to engage in the practice of social work in any other state for any cause.
Source: SL 1975, ch 22, § 29; SL 2010, ch 195, § 1; SL 2015, ch 200, § 2.
36-26-33. Initiation of cancellation, revocation, or suspension proceedings.
The proceedings for cancellation, revocation, or suspension of a license may be initiated when the board has information that any person may have been guilty of any misconduct as provided in § 36-26-32 or is guilty of gross incompetence or unprofessional or dishonorable conduct.
Source: SL 1975, ch 22, § 30.
36-26-34. Quorum for proceedings on cancellation, revocation, suspension or reissuance of license--Majority vote required.
All proceedings relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license which has been canceled, revoked, or suspended shall only be held when a majority of the members of the board are present at such hearings. The decision of the Board of Examiners to suspend, revoke, or cancel a license requires a majority vote of all the board members.
Source: SL 1975, ch 22, §§ 31, 33.
36-26-35. Proceedings to conform to administrative procedure.
All proceedings relative to the cancellation, revocation, or suspension of a license shall otherwise conform to the procedure set forth in chapter 1-26.
Source: SL 1975, ch 22, § 32.
36-26-36. Appeal from board rulings or decisions.
Any party feeling aggrieved by any acts, rulings or decisions of the board relating to refusal to grant or to cancellation, revocation or suspension of a license shall have the right to appeal pursuant to chapter 1-26.
Source: SL 1975, ch 22, § 34.
36-26-37. Reinstatement or reissue of license after cancellation, suspension or revocation--Automatic reinstatement after suspension.
Upon written application establishing compliance with existing licensing requirements and for reasons the board deems sufficient, the board, for good cause shown, by majority vote, may, under such conditions as it may impose, reinstate or reissue a license to any person whose license has been canceled, suspended or revoked; provided, however, that upon suspension of a license, the board in such order may provide for automatic reinstatement thereof after a fixed period of time as provided in the order.
Source: SL 1975, ch 22, § 35.
36-26-38. Record of license data kept by secretary-treasurer--Evidence--Certified copies.
The secretary-treasurer of the board shall keep a record by entering the name of each person who has been granted a license pursuant to the provisions of this chapter, the license number, and the date the license was issued or renewed. The record may be admitted as evidence in any court. The original records of the board shall be kept at the office of the secretary-treasurer of the board. The secretary-treasurer shall furnish any person requesting a copy of any record, certified by the secretary-treasurer, upon payment of a fee of twenty-five cents per page.
Source: SL 1975, ch 22, § 38; SL 2015, ch 200, § 3.
36-26-39. Violation of chapter as misdemeanor.
Any person who violates any of the provisions of this chapter is guilty of a Class 2 misdemeanor.
Source: SL 1975, ch 22, § 42; SL 1977, ch 190, § 205.
36-26-40. Board to recommend prosecutions and civil actions for violations.
In addition to the duties set forth elsewhere in this chapter, the board shall:
(1) Recommend prosecutions for violations of this chapter to the appropriate state's attorneys; and
(2) Recommend to the attorney general the bringing of civil actions to seek injunctions and other relief against violations of this chapter.
Source: SL 1975, ch 22, § 28.
36-26-41. Investigation and report of violations--Employment of special counsel--Expenses.
The board shall investigate every supposed violation of this chapter, and shall report the same to the proper law enforcement officials wherein the act is committed. The board is authorized to employ special counsel subject to the supervision, control and direction of the attorney general, to assist in the prosecution of violations of this chapter and to expend the necessary funds for such purpose.
Source: SL 1975, ch 22, § 37.
36-26-42. Action to enjoin violations--Alternate to criminal proceedings--Election.
Any person violating the provisions of this chapter may be enjoined from further violations at the suit of the state's attorney of the county wherein the violations occurred or suit may be brought by any citizen of this state. An action for injunction shall be an alternate to criminal proceedings, and the commencement of one proceeding by the board constitutes an election.
Source: SL 1975, ch 22, § 36.
36-26-43. Disposition of moneys received by board--Credit to Board of Examiners account--Continuous appropriation for expenses.
All moneys coming into the custody of the board each calendar month, including license fees, renewal fees, penalty fees, and any other payments, shall be paid by the board to the state treasurer on or before the tenth day of the next month. The state treasurer shall credit the moneys to the South Dakota Board of Social Work Examiners account of the general fund, which account is hereby created. The moneys in the said South Dakota Board of Social Work Examiners account are hereby continuously appropriated to the board for the purpose of paying the expense of administering and enforcing the provisions of this chapter, provided the total expense incurred shall not exceed the total moneys collected by the board under the provisions of this chapter.
Source: SL 1975, ch 22, § 40.
36-26-44. Issuance of temporary licenses--Validity--Expiration.
The Board of Social Work Examiners may issue a temporary license as a certified social worker or social worker to an applicant who meets all requirements for a certified social worker or social worker except for passing the examination prepared by the board. The board may charge a fee for issuing a temporary license. A temporary license is valid until the board receives the results from the next available administration of the examination following submission of an application for a license. If the applicant passes the next available examination, the temporary license continues in effect until the board issues a regular license or denies the application. If the applicant fails to take or to pass the next available examination, the temporary license automatically expires.
Source: SL 1994, ch 309, § 1.
36-26-45. Clinical social work defined.
Clinical social work is practiced by a social worker who has received a master's or doctoral degree and is licensed under § 36-26-14 or 36-26-17. Clinical social work includes individual, family, and small group psychotherapy. Clinical social work practice is the professional application of social work theory and methods to the treatment and prevention of psychosocial dysfunction, disability, or impairment, including emotional and mental disorders. It is based on knowledge of one or more theories of human development. Clinical social work services consist of assessment; diagnosis; treatment, including psychotherapy and counseling; client-centered advocacy; consultation; and evaluation. The process of clinical social work is undertaken within the objectives of social work and the principles and values contained in the National Association of Social Workers Code of Ethics as of January 1, 1995.
Source: SL 1995, ch 224, § 1.