Printer FriendlySB 23 revise certain provisions pertaining to the Certification Board ...
ENTITLED, An Act to revise certain provisions pertaining to the Certification Board for Alcohol
and Drug Professionals and to increase certain fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-34-1 be amended to read as follows:
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 who holds oneself out to the public by any
title or description of services which uses the words certified addiction counselor, licensed
addiction counselor, addiction counselor trainee, certified prevention specialist,
prevention specialist trainee, or any derivatives thereof.
Section 2. That § 36-34-2 be amended to read as follows:
36-34-2. The South Dakota Board of Addiction and Prevention Professionals consists of nine
members, three of whom shall be lay members and six of whom shall be professionals certified or
licensed pursuant to this chapter. Each professional member shall be actively engaged in addiction
counseling or prevention services and broadly represent a cross section of the profession.
Section 3. That § 36-34-5 be amended to read as follows:
36-34-5. The board shall annually elect a president, vice president, and a secretary-treasurer from
its members. The board shall meet at least once a year at a place and time determined by the
president. However, a majority of the board may call a meeting without the assent of the president.
Section 4. That § 36-34-8 be amended to read as follows:
36-34-8. The board is within the Department of Social Services. The department shall provide
all administrative functions other than those of the board member serving as secretary. The board
shall submit an annual report and such records, information, and reports in the form and at such
times as required by the secretary of social services.
Section 5. That § 36-34-9 be amended to read as follows:
36-34-9. The board may accept any funds which may be made available to it from any source.
All funds received by the board shall be paid to the state treasurer weekly or as prescribed by the
state treasurer. The state treasurer shall keep the money in a separate account for the board. The
money in that account is continuously appropriated to the board for administering and enforcing this
chapter. No expense incurred may exceed the total money collected by the board under the
provisions of this chapter.
Section 6. That § 36-34-10 be amended to read as follows:
36-34-10. The board members shall be paid per diem compensation and allowable expenses
pursuant to § 4-7-10.4 for their services on the board.
Section 7. That § 36-34-11 be amended to read as follows:
36-34-11. The board, its members, and its agents are immune from personal liability for actions
taken in good faith in the discharge of the board's responsibilities, and the state shall hold the board,
its members, and its agents harmless from all costs, damages, and attorney fees arising from claims
and suits against them with respect to matters to which such immunity applies.
Section 8. That § 36-34-12 be amended to read as follows:
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 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) Examine, or cause to be examined, for competency, eligible applicants, for certification
or licensure to practice addiction counseling and prevention services. Examinations shall
be held at least semiannually;
(5) Issue certificates and licenses to those applicants who successfully complete the
certification or licensing requirements and renew the certifications and licenses of those
practitioners who continue to meet the standards of this chapter;
(6) Maintain a record of all practitioners which includes the practitioner's status, certificate
or license number, date the certification or licensure was granted, renewal date, and any
public record of discipline; 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
Section 9. That § 36-34-13 be amended to read as follows:
36-34-13. The board may 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:
(1) Application materials or portfolio reviews, twenty-five dollars;
(2) Certified addiction counselor, certified prevention specialist, or licensed addiction
counselor application and examination fee, two hundred fifty dollars;
(3) Certified addiction counselor, certified prevention specialist, or licensed addiction
counselor retest fee, two hundred dollars;
(4) Certified addiction counselor, certified prevention specialist, or licensed addiction
counselor renewal fee, two hundred dollars;
(5) Certified addiction counselor, certified prevention specialist, or licensed addiction
counselor reinstatement fee, one hundred fifty dollars;
(6) Status upgrade fee, one hundred fifty dollars;
(7) Addiction counselor trainee, prevention specialist trainee, certified addiction counselor,
certified prevention specialist, or licensed addiction counselor replacement or duplicate
certificate, fifteen dollars;
(8) Certified addiction counselor, certified prevention specialist, or licensed addiction
counselor replacement identification card, five dollars;
(9) Addiction counselor trainee or prevention specialist trainee recognition fee, one hundred
(10) Addiction counselor trainee or prevention specialist trainee renewal fee, one hundred fifty
(11) Addiction counselor trainee or prevention specialist trainee reinstatement fee, one
hundred fifty dollars;
(12) International certificate fee, twenty dollars;
(13) Certified addiction counselor, certified prevention specialist, or licensed addiction
counselor retirement status practitioner fee, one hundred dollars;
(14) Dual credential renewal fee, three hundred dollars;
(15) Examination cancellation or rescheduling fee, twenty-five dollars;
(16) Examination late cancellation or nonattendance fee, one hundred twenty-five dollars;
(17) Registration as a continuing education service provider, twenty-five dollars; and
(18) Mailing labels charge, one hundred dollars.
Section 10. That chapter 36-34 be amended by adding thereto a NEW SECTION to read as
Any applicant seeking recognition, certification, or licensure shall disclose to the board whether
the applicant has been convicted of, plead guilty to, or plead no contest to any felony in any state,
federal, foreign jurisdiction, tribal, or military court. Failure to disclose this information may result
in denial, revocation, suspension, or refusal of recognition, certification, or licensure.
Section 11. That § 36-34-13.1 be amended to read as follows:
36-34-13.1. No person may represent oneself as a licensed or certified addiction counselor,
addiction counselor trainee, certified prevention specialist, prevention specialist trainee, or any other
title that includes such words unless the person is certified or licensed under this chapter.
Section 12. That § 36-34-14 be repealed.
Section 13. That § 36-34-15 be repealed.
Section 14. That chapter 36-34 be amended by adding thereto a NEW SECTION to read as
Any certificate or license issued by the board shall be renewed annually by payment of a fee to
be set by the board in rules promulgated pursuant to chapter 1-26. The failure of a practitioner to
renew the certificate or license by the last day of the practitioner's birth month each year constitutes
a forfeiture of status. However, any person who has forfeited one's status may have it restored by
requesting reinstatement and paying the reinstatement fee and the renewal fee within fifteen days of
the forfeiture. Any person who fails to have the status restored within fifteen days shall take the
examination as prescribed for an applicant to become certified or licensed and comply with all the
provisions applicable to any applicant for certification or licensure.
Section 15. That chapter 36-34 be amended by adding thereto a NEW SECTION to read as
Each certificate or license shall be conspicuously displayed at the primary place of practice
within thirty days after issuance of such certificate or license.
Section 16. That chapter 36-34 be amended by adding thereto a NEW SECTION to read as
The board may grant a certificate to any person who, at the time of application, is certified in
another state or territory of the United States that imposes substantially the same requirements as this
chapter, 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.
Section 17. That § 36-34-16 be amended to read as follows:
36-34-16. The board may use its own staff or employ certified or licensed addiction counselors,
certified prevention specialists, agents, or investigators to assist in the enforcement of this chapter
or any rule promulgated by the board. Any person violating the provisions of this chapter may be
enjoined from further violations by an action brought by the state's attorney of the county where the
violations occurred or by an action brought by any citizen in the state. The attorney general, the
board, or the state's attorney may apply to the circuit court for the county in which a violation of this
chapter is alleged to have occurred for an order enjoining or restraining the commission or
continuance of the acts. The board may authorize a hearing examiner to conduct the hearing required
to determine a violation of this chapter.
Section 18. That § 36-34-18 be amended to read as follows:
36-34-18. The board shall receive complaints concerning a practitioner's professional practices.
Each complaint received shall be logged by the secretary-treasurer, or the board's designee, recording
the practitioner's name, name of the complaining party, date of the complaint, a brief statement of
the complaint, and its ultimate disposition. The board shall investigate each alleged violation of this
chapter. All disciplinary proceedings held under the authority of this chapter shall be conducted in
accordance with chapter 1-26.
Section 19. That § 36-34-19 be amended to read as follows:
36-34-19. The decision of the board to cancel, suspend, or revoke a certification or licensure or
to reissue a cancelled, suspended, or revoked certification or licensure requires a majority vote of
all the board members.
Section 20. That § 36-34-20 be amended to read as follows:
36-34-20. If the board determines that any complaint is frivolous or clearly unfounded in fact,
the board may dismiss the complaint and, by a separate and unanimous vote of the board, may
expunge the complaint from the record of the practitioner.
Section 21. That § 36-34-21 be amended to read as follows:
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 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 or is employing or assisting an uncertified or unlicensed person to hold
himself or herself out as a certified or licensed addiction counselor or certified prevention
(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 board in
the investigation or prosecution of a professional or ethical complaint filed with the board.
Each legally required notice shall 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.
Section 22. That § 36-34-23 be amended to read as follows:
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 or license to practice for an indefinite length of time;
(2) Suspend a practitioner's 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 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 are the basis of the probation;
(7) Require the practitioner to reimburse the board in an amount equal to the costs incurred
for the investigation and disciplinary 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
The board may withdraw the probation if the board finds the deficiencies that resulted in
disciplinary action have been remedied.
Certification or licensure shall remain in effect during the pendency of an appeal unless
suspended under § 36-34-24.
Section 23. That § 36-34-24 be amended to read as follows:
36-34-24. The board may summarily suspend a practitioner's recognition, certification, or
licensure in advance of a final adjudication or during the appeals process if the board finds that a
practitioner would represent a clear and immediate danger to the public health and safety if the
practitioner were allowed to continue to practice. A practitioner whose recognition, certification, or
licensure is suspended under this section is entitled to a hearing before the board within twenty days
after the effective date of the suspension. The practitioner may subsequently appeal the suspension
to circuit court in accordance with chapter 1-26.
Section 24. That § 36-34-25 be amended to read as follows:
36-34-25. Any practitioner whose recognition, certification, or license to practice has been
suspended or revoked may be reinstated or a new recognition, certification, or license may be issued,
as the case may be, if in the discretion of the board, such action is warranted. The board may require
the applicant to pay all costs of the proceedings resulting in the applicant's suspension or revocation
including the amount paid by the board for legal expenses and attorney fees.
Section 25. That § 36-34-26 be amended to read as follows:
36-34-26. In the prosecution of any person for violation of this chapter, it is not necessary to
allege or prove lack of valid recognition, certification, or licensure. Proof of recognition,
certification, or licensure is a matter of defense to be established by the defendant.
Section 26. That § 36-34-27 be amended to read as follows:
36-34-27. Nothing in this chapter may be construed to limit the ongoing recognition,
certification, or licensure of any person at the level of recognition, certification, or licensure and for
the time period established under the former South Dakota Chemical Dependency Counselor
Certification Board or the Certification Board for Alcohol and Drug Professionals.
An Act to revise certain provisions pertaining to the Certification Board for Alcohol and Drug
Professionals and to increase certain fees.
I certify that the attached Act
originated in the
SENATE as Bill No. 23
Secretary of the Senate
President of the Senate
Secretary of the Senate
Speaker of the House
Senate Bill No. 23
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State