Changes to Existing Law

Definitions. 36-34-1. Terms used in this chapter mean: (1) "Board," the South Dakota Board of Addiction and Prevention Professionals; and (2) "Practitioner," a person certified, licensed, or recognized under this chapter in the practice of addiction counseling or prevention services services, who holds oneself out to the public by any title or description of services which uses using the following words certified or any derivatives thereof: (a) Certified addiction counselor, licensed licensed; (b) Licensed addiction counselor, addiction addiction; (c) Addiction counselor trainee, certified certified; (d) Addiction counselor supervisee; (e) Certified prevention specialist, prevention prevention; (f) Prevention specialist trainee, or any derivatives thereof. thereof; (g) Prevention specialist supervisee; (h) Peer support specialist; (i) Peer support specialist trainee; or (j) Peer support specialist supervisee. 20

Duties of board. 36-34-12. The board shall: (1) Promulgate rules that set standards for professional practice of addiction counseling and prevention services and other rules as necessary for the administration of this chapter. All rules shall be promulgated pursuant to chapter 1-26; (2) Be responsible Maintain responsibility for all disciplinary proceedings under this chapter; (3) Establish, by rules promulgated pursuant to chapter 1-26, education, training and competency, continuing education, and ethical standards governing the examination and practice of practitioners under this chapter; (4) (4)(2) Examine, or cause to be examined, for competency, eligible applicants, for certification recognition, certification, or licensure to practice addiction counseling and prevention services. Examinations shall be held at least semiannually; (5) (5)(3) Issue certificates recognition, certificates, and licenses to those applicants who successfully complete the certification recognition, certification, or licensing requirements for practitioners, and renew the certifications recognitions, certifications, and licenses of those practitioners who continue to meet the standards of this chapter; (6) (6)(4) Maintain a record of all practitioners which includes the publicly available list that includes each practitioner's status, certificate status,: (a) Status; (b) Recognition, certificate, or license number, and the date the certification recognition, certification, or licensure was granted, renewal date, renewal; (c) Renewal date,; and any public record of discipline; discipline (d) Record of disciplinary action from the board; and (7) Establish and collect, pursuant to rules promulgated pursuant to chapter 1-26, fees for applications, recognition, certification, licensure, dual credentials, examination, upgrades, reciprocity, continuing education, renewal, reinstatement, and all services authorized by this chapter (5) Employ personnel in accordance with the needs and budget of the board; (6) Enter into contracts, as necessary to carry out the board's responsibilities pursuant 31 to this chapter; 32 (7) Communicate disciplinary actions and recognition, certification, or licensing status 33 to the relevant state and federal governing bodies, as required; and 34 (8) Perform other duties directly related to this chapter. 35

36-34-13. The board may shall promulgate rules, pursuant to chapter 1-26, to provide fees for all services and charges authorized by this chapter. The fees may not exceed the following maximums: maximums establish: (1) Recognition, certification, and licensure requirements for practitioners related to qualifying education, examinations, and work experience; (2) Requirements for the supervision of candidates for recognition, certification, and licensure; (3) Renewal requirements for practitioner recognition, certification, and licensure; (4) Continuing education requirements for the renewal of a practitioner's certification or license; (5) Standards for the practice of addiction counseling and prevention services; (6) The following fees, which may not exceed the amounts specified: (a) Application fee, fifty dollars; (b) Examination fee, two hundred dollars; (c) Certified addiction counselor, certified prevention specialist, or licensed addiction counselor application and examination certification or license fee, three hundred dollars; (2) (2)(d) Certified addiction counselor, certified prevention specialist, or licensed addiction counselor retest fee, two hundred fifty dollars; (3) (3)(e) Certified addiction counselor, certified prevention specialist, or licensed addiction counselor renewal fee, four hundred dollars; (4) (4)(f) Certified addiction counselor, certified prevention specialist, or licensed addiction counselor reinstatement fee, two hundred dollars; (5) (5)(g) Peer support specialist certification, renewal, or reinstatement fee, two hundred dollars; (h) Status upgrade fee, one hundred fifty dollars; (6) (6)(i) Addiction counselor trainee or or, addiction counselor supervisee, prevention specialist trainee trainee, prevention specialist supervisee, peer support specialist trainee, or peer support specialist supervisee recognition fee, one hundred fifty dollars; (7) 31 (7)(j) Addiction counselor trainee or or, addition counselor supervisee, prevention 32 specialist trainee, prevention specialist trainee supervisee, peer support specialist 33 trainee, or peer support specialist supervisee renewal fee, one hundred fifty 34 dollars; (8) 35 (8)(k) Addiction counselor trainee or or, addiction counselor supervisee, prevention specialist trainee trainee, prevention specialist supervisee, peer support specialist trainee, or peer support specialist supervisee reinstatement fee, one hundred fifty dollars; (9) (9)(l) International certificate fee, twenty dollars; (10) (10)(m) Dual credential renewal fee, four hundred dollars; (11) (11)(n) Inactive license or certificate fee, fifty dollars; and (12) (12)(o) Temporary license or certificate fee, one hundred dollars. 8

Certification and licensure requirements. 36-34-13.1. No person may represent oneself as a licensed or certified addiction counselor, addiction counselor trainee, addiction counselor supervisee, certified prevention specialist, prevention specialist trainee, prevention specialist supervisee, peer support specialist, peer support specialist trainee, or peer support specialist supervisee, or any other title that includes such those words unless the person is certified recognized, certified, or licensed under this chapter. 15

Certification in another state. 36-34-13.5. The board may grant a certificate or license to any person who, at the time of application, is certified or licensed in another state or territory of the United States that imposes substantially the same requirements as this chapter, and who has taken and passed an examination similar to that required under this chapter, and has not been convicted of a felony within five years of the date of application, and if convicted of a felony, has completed all sentencing requirements prior to the date of application. 22

36-34-21. Any practitioner subject to this chapter shall practice in accordance with the standards established by the board and is subject to the exercise of the disciplinary sanctions enumerated in § 36-34-23 if, after a hearing in the manner provided in chapter 1-26, the board finds that: (1) A practitioner has employed or knowingly cooperated in fraud or material deception in order to obtain a certificate recognition, certificate, or license to practice the profession, or has engaged in fraud or material deception in the course of professional services or activities; (2) A practitioner has been convicted in any court of a felony; (3) A practitioner has engaged in or permitted the performance of unacceptable patient care by the practitioner or by auxiliaries working under the practitioner's supervision due to any deliberate or negligent act or failure to act; (4) A practitioner has knowingly violated any provision of this chapter or board rules; (5) A practitioner has continued to practice although the practitioner has become unfit to practice due to professional incompetence, failure to keep abreast of current professional theory or practice, physical or mental disability, or addiction or severe dependency upon or use of alcohol or other drugs which endanger the public by impairing a practitioner's ability to practice safely; (6) A practitioner has engaged in lewd or immoral conduct in connection with the delivery of addiction counseling or prevention services to consumers; (7) A practitioner has employed or assisted, or is employing or assisting an uncertified or unlicensed unlicensed, a person to hold himself or herself who holds oneself out as a certified recognized, certified, or licensed addiction counselor or certified prevention specialist; specialist in accordance with this chapter, but who is not recognized, certified, or licensed in accordance with this chapter; (8) A practitioner submitted false, misleading, or inaccurate information to the board in obtaining issuance or renewal of recognition, certification, or licensure; or (9) A practitioner has failed to provide information or documents requested by the 31 board in the investigation or prosecution of a professional or ethical complaint filed 32 with the board. 33 Each legally required notice shall must be sent via ordinary first-class mail to the most recent address that the practitioner has reported to the board. The practitioner has the duty to maintain an accurate and current mailing address with the board. 3

36-34-23. The board may impose any of the following sanctions, singly or in combination, if the board finds that a practitioner has violated any part of § 36-34-21: (1) Revoke a practitioner's certification recognition, certification, or license to practice for an indefinite length of time; (2) Suspend a practitioner's certification recognition, certification, or license for a specific or indefinite length of time; (3) Censure a practitioner; (4) Issue a letter of reprimand; (5) Place a practitioner on probationary status and require the practitioner to report regularly to the board on the matters which that are the basis for probation; (6) Limit the practitioner's practice to areas prescribed by the board and continue to renew professional education until a satisfactory degree of skill has been attained in those areas which that are the basis of the probation; or (7) Require the practitioner to reimburse the board in an amount equal to the costs incurred for the investigation and disciplinary hearing hearing, including the amount paid by the board for legal expenses, attorney fees, court reporters, and any mediator or hearing officer, provided there is clear and convincing evidence of wrongdoing on the part of the practitioner. The board may withdraw the probation if the board finds the deficiencies that resulted in disciplinary action have been remedied. Certification A practitioner's recognition, certification, or licensure shall remain remains in effect during the pendency of an appeal unless suspended under § 36-34-24. 26