South Dakota Seal
Site Search:
Bill Quickfind:  


 
36-32 BOARD OF EXAMINERS FOR COUNSELORS AND MARRIAGE AND FAMILY</Div> THERAPISTS
CHAPTER 36-32

BOARD OF EXAMINERS FOR COUNSELORS AND MARRIAGE AND FAMILY
THERAPISTS

36-32-1      Definition of terms.
36-32-2      Board of Examiners for Counselors and Marriage and Family Therapists--Appointment and qualifications of members.
36-32-3      Eligibility for appointment.
36-32-4      Length of term--Number of terms.
36-32-5      Removal by governor--Vacancy.
36-32-6      Election of officers.
36-32-7      Compensation--Office personnel.
36-32-8      Board within Department of Social Services.
36-32-9      Unlicensed practice as a misdemeanor.
36-32-10      Use of certain titles by unlicensed persons prohibited.
36-32-11      Repealed.
36-32-12      Inapplicability of chapter to certain activities and services.
36-32-13      Application requirements.
36-32-13.1      Certain graduate students eligible for licensure application.
36-32-13.2      Education, experience, and examination requirements waived for certain applicants.
36-32-14, 36-32-15. Repealed.
36-32-16      Reciprocity.
36-32-17      Examination of applicant's physical or mental health.
36-32-18      Licensure examination--Time and place.
36-32-19      Reexamination--Fee.
36-32-19.1      Reexamination for professional counselor-mental health--Fee.
36-32-20      Renewal of license--Fee.
36-32-21      Display of license.
36-32-22      Board to furnish list of licensees.
36-32-23      Continuing education for license renewal.
36-32-24      Restoring inactive license to active status.
36-32-25      Regaining license inactive for two or more years.
36-32-26      Promulgation of rules.
36-32-27      Privileged information--Exceptions.
36-32-28      Inspection of counseling establishments.
36-32-29      Grounds for revocation of license.
36-32-30      Initiating revocation proceedings.
36-32-31      Majority of board required at revocation proceedings--Voting.
36-32-32      Conformity of revocation proceedings.
36-32-33      Appeal by aggrieved party.
36-32-34      Reinstatement of license.
36-32-35      Repealed.
36-32-36      Additional duties of board.
36-32-37      Violations reported to law enforcement officials--Prosecution of violations.
36-32-38      Action for injunction.
36-32-39      Board funds in state treasury account--Moneys appropriated.
36-32-40      Mental health counseling.
36-32-41      Application for certification as licensed professional counselor-mental health--LPC-MH designation.


36-32-42      Requirements for LPC-MH certification.
36-32-43      Promulgation of rules regarding standards for certification as licensed professional counselor-mental health.
36-32-44      Supervision received and clinical experience accumulated for licensed professional counselor licensure applied to mental health counselor certification.
36-32-45      Submission of revised supervision plan--Credits from previous experience and supervision.


36-32-1 Definition of terms.
     36-32-1.   Definition of terms. Terms as used in this chapter mean:
             (1)      "Board," the Board of Examiners for Counselors and Marriage and Family Therapists 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.

Source: SL 1990, ch 313, § 1; SL 1998, ch 239, § 1; SL 2007, ch 221, § 1; SL 2008, ch 198, § 1.


36-32-2 Board of Examiners for Counselors and Marriage and Family Therapists--Appointment and qual...
     36-32-2.   Board of Examiners for Counselors and Marriage and Family Therapists--Appointment and qualifications of members. The Board of Examiners for Counselors and Marriage and Family Therapists, consists of nine members, three of whom shall be lay members, one of whom shall be a counselor educator, and five of whom shall be professionals actively engaged in professional counseling or marriage and family therapy and broadly representing a cross section of the licensed disciplines governed by this board. The Governor shall appoint all of the members.

Source: SL 1990, ch 313, § 2; SL 1998, ch 239, § 2; SL 2005, ch 199, § 72; SL 2008, ch 198, § 2; SL 2011, ch 186, § 1.


36-32-3 Eligibility for appointment.
     36-32-3.   Eligibility for appointment. In order to be eligible for appointment to the board as a professional member, a person shall be licensed pursuant to this chapter or chapter 36-33.

Source: SL 1990, ch 313, § 3; SL 2005, ch 199, § 73.


36-32-4 Length of term--Number of terms.
     36-32-4.   Length of term--Number of terms. Appointments to the board shall be for terms of three years and begin on October thirty-first. The appointee's term shall expire on October thirtieth in the third year of appointment. No member of the board may serve for more than three successive full terms. Appointment to an unexpired term is not considered a full term.

Source: SL 1990, ch 313, § 4; SL 2005, ch 199, § 74; SL 2012, ch 16, § 5.


36-32-5 Removal by governor--Vacancy.
     36-32-5.   Removal by governor--Vacancy. The Governor may remove a member of the board for cause. In the event of a vacancy on the board caused by death of a member, resignation, removal from the state, or for any other reason, the Governor shall appoint a new member to serve out the unexpired term.

Source: SL 1990, ch 313, § 5.


36-32-6 Election of officers.
     36-32-6.   Election of officers. The board shall annually elect a president and a vice-president from its members. The board shall meet at least once a year at a place and time determined by the president of the board. The president and vice-president of the board shall be included in the blanket bond on officials pursuant to § 3-5-5.1.

Source: SL 1990, ch 313, § 6; SL 1998, ch 239, § 3.


36-32-7 Compensation--Office personnel.
     36-32-7.   Compensation--Office personnel. The board members shall receive per diem set pursuant to § 4-7-10.4 and expenses at the same rate as other state employees while actually engaged in official duties. The board may either hire, in accordance with chapter 3-6A, office personnel or may enter into a contractual agreement to carry on its official duties.

Source: SL 1990, ch 313, § 7; SL 1991, ch 316, § 1.


36-32-8 Board within Department of Social Services.
     36-32-8.   Board within Department of Social Services. The board shall be within the Department of Social Services and the board shall exercise all its prescribed functions, including administrative functions. The board shall submit such records, information and reports in the form and at such times as required by the secretary of social services, and the board shall also report annually.

Source: SL 1990, ch 313, § 8; SL 2003, ch 272 (Ex. Ord. 03-1), § 44; SL 2011, ch 1 (Ex. Ord. 11-1), § 163, eff. Apr. 12, 2011.


36-32-9 Unlicensed practice as a misdemeanor.
     36-32-9.   Unlicensed practice as a misdemeanor. 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.

Source: SL 1990, ch 313, § 9; SL 1998, ch 239, § 4; SL 2007, ch 221, § 2.


36-32-10 Use of certain titles by unlicensed persons prohibited.
     36-32-10.   Use of certain titles by unlicensed persons prohibited. No person may represent himself or herself as a counselor by using the titles "licensed professional counselor," "licensed counselor" or "licensed professional counselor--mental health" unless licensed under this chapter.

Source: SL 1990, ch 313, § 10; SL 1998, ch 239, § 5.


36-32-11
     36-32-11.   Repealed by SL 2008, ch 199, § 1.


36-32-12 Inapplicability of chapter to certain activities and services.
     36-32-12.   Inapplicability of chapter to certain activities and services. 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, a community support provider, 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.

Source: SL 1990, ch 313, § 12; SL 1998, ch 239, § 6; SL 2007, ch 221, § 3; SL 2009, ch 138, § 9.


36-32-13 Application requirements.
     36-32-13.   Application requirements. An applicant for a license as a licensed professional counselor shall file an application, and an application fee with the board on a form and in the manner prescribed by the board. The board shall issue a license as a licensed professional counselor to an applicant who pays a license fee and furnishes satisfactory evidence of the following to the board:
             (1)      The applicant is at least nineteen years of age;
             (2)      The applicant is of good moral character;
             (3)      The applicant resides in the State of South Dakota, or is granted an exemption to residency by the board, pursuant to § 36-32-16;
             (4)      The applicant is not in violation of any of the provisions of this chapter and the rules adopted pursuant to this chapter;
             (5)      The applicant has received a doctorate or master's degree in counseling including a supervised counseling internship, which consists of at least forty-eight semester credit hours, which are from an accredited institution of higher learning. The board shall use the standards of nationally recognized professional counseling associations as guides in establishing the standards for counselor licensure;
             (6)      The applicant has two thousand hours of supervised full-time experience in professional counseling acceptable to the board, all of which shall be obtained subsequent to the granting of the master's degree; and
             (7)      The applicant demonstrates competence in professional counseling by passing an examination, written, oral or situational, or all three, as the board may prescribe by rule promulgated pursuant to chapter 1-26.

Source: SL 1990, ch 313, § 13; SL 1998, ch 240, § 1.


36-32-13.1 Certain graduate students eligible for licensure application.
     36-32-13.1.   Certain graduate students eligible for licensure application. Any applicant who entered a doctoral or master degree program in counseling at any accredited institution of higher education in South Dakota, or other accredited institution of higher education, at the discretion of the board, between July 1, 1990, and June 30, 1998, and who has been and continues to be enrolled in that program until graduation is entitled to apply for licensure under the provisions of § 36-32-13, as the provisions of § 36-32-13 existed on June 30, 1998. The provisions of this section apply only to applicants who successfully complete such program before July 1, 2000.

Source: SL 1999, ch 199, § 1.


36-32-13.2 Education, experience, and examination requirements waived for certain applicants.
     36-32-13.2.   Education, experience, and examination requirements waived for certain applicants. 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.

Source: SL 2007, ch 221, § 4.


36-32-14
     36-32-14, 36-32-15.   Repealed by SL 1998, ch 240, §§ 2, 3.


36-32-16 Reciprocity.
     36-32-16.   Reciprocity. Upon payment of the fee as may be promulgated by the board, the board may grant a license to any person who, at the time of application, is licensed under the laws of a state or territory of the United States that imposes substantially the same requirements as this chapter.

Source: SL 1990, ch 313, § 16.


36-32-17 Examination of applicant's physical or mental health.
     36-32-17.   Examination of applicant's physical or mental health. If the board members suspect that the physical or mental health of any applicant is such as to jeopardize or endanger those who seek assistance from him, the board shall require the applicant to be examined by a competent examiner selected by the board. The board shall pay the cost of such examination. If the medical examiner confirms that the person's physical or mental health is such as to jeopardize or endanger those who seek relief from the applicant, the board may deny the application for a license until the applicant furnishes satisfactory proof of being physically and mentally competent and sound to practice counseling.

Source: SL 1990, ch 313, § 17.


36-32-18 Licensure examination--Time and place.
     36-32-18.   Licensure examination--Time and place. The board shall hold licensure examinations at least annually and from time to time at such places as the board may designate.

Source: SL 1990, ch 313, § 18.


36-32-19 Reexamination--Fee.
     36-32-19.   Reexamination--Fee. Any applicant failing to pass the examination provided by this chapter is entitled within six months to a reexamination upon payment of an additional fee, not to exceed one hundred dollars, to be promulgated by the board pursuant to chapter 1-26. However, two such reexaminations shall exhaust the privilege under the original application.

Source: SL 1990, ch 313, § 19; SL 2008, ch 191, § 71.


36-32-19.1 Reexamination for professional counselor-mental health--Fee.
     36-32-19.1.   Reexamination for professional counselor-mental health--Fee. Any applicant failing to pass the examination required for licensed professional counselor-mental health is entitled to a reexamination within six months upon payment of an additional fee, not to exceed one hundred dollars, to be promulgated by the board pursuant to chapter 1-26. However, two such reexaminations exhaust the privilege under the original application.

Source: SL 2003, ch 209, § 1; SL 2008, ch 191, § 72.


36-32-20 Renewal of license--Fee.
     36-32-20.   Renewal of license--Fee. Any license issued by the board requires renewal by the last day of December of each year in the manner and upon the payment of a fee, not to exceed one hundred dollars, established by the board by rules promulgated pursuant to chapter 1-26. Any licensee failing to renew a license prior to January first may be required to pay a late fee, not to exceed one hundred dollars, as prescribed in rules promulgated by the board. Any license not renewed by July first is inactive.

Source: SL 1990, ch 313, § 20; SL 1998, ch 240, § 4; SL 2003, ch 210, § 1; SL 2008, ch 191, § 73.


36-32-21 Display of license.
     36-32-21.   Display of license. Each counseling license shall be conspicuously displayed at the place of practice of the licensee within thirty days after issuance of such license.

Source: SL 1990, ch 313, § 21.


36-32-22 Board to furnish list of licensees.
     36-32-22.   Board to furnish list of licensees. The board shall annually furnish upon payment of a fee set by the board by rules promulgated pursuant to chapter 1-26, a list of the names and addresses of all persons licensed under this chapter who are:
             (1)      Licensed professional counselors; and
             (2)      Licensed professional counselors--mental health.

Source: SL 1990, ch 313, § 22; SL 1998, ch 240, § 5.


36-32-23 Continuing education for license renewal.
     36-32-23.   Continuing education for license renewal. Attendance at postgraduate work as may be required by the board by rules promulgated pursuant to chapter 1-26 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 may waive the continuing education requirement in case of certified illness or undue hardship.

Source: SL 1990, ch 313, § 23.


36-32-24 Restoring inactive license to active status.
     36-32-24.   Restoring inactive license to active status. Any licensed professional counselor or licensed professional counselor --mental health who allows the license to become inactive may, within two years of the failure to renew, be returned to active status by paying the renewal fee for the current year, along with any applicable late fees. However, no inactive license may be restored unless the applicant meets all continuing education requirements.

Source: SL 1990, ch 313, § 24; SL 1998, ch 240, § 6; SL 2003, ch 210, § 2.


36-32-25 Regaining license inactive for two or more years.
     36-32-25.   Regaining license inactive for two or more years. Any licensee desiring to regain licensure after allowing a license to be inactive for two or more consecutive years, shall take the examination as prescribed for an applicant to become a licensee and comply with all the provisions applicable to any applicant for licensure.

Source: SL 1990, ch 313, § 25; SL 1998, ch 240, § 7.


36-32-26 Promulgation of rules.
     36-32-26.   Promulgation of rules. The board may promulgate rules pursuant to chapter 1-26 to set standards for professional practice and establish procedures and fees for applications, licensure, license renewal, reciprocal license, duplicate license, eligibility, continuing education, supervision, examination for licensed professional counselors and licensed professional counselors--mental health.

Source: SL 1990, ch 313, § 26; SL 1998, ch 240, § 8; SL 2008, ch 191, § 74.


36-32-27 Privileged information--Exceptions.
     36-32-27.   Privileged information--Exceptions. No licensed professional counselor or licensed professional counselor--mental health or a counselor's employee may disclose any information the counselor may have acquired from persons consulting the counselor in a professional capacity that was necessary to enable the counselor to render services in a professional capacity to those persons except:
             (1)      With the written consent of the person or, in the case of death or disability, of the person's own personal representative, other person authorized to sue, or the beneficiary of an insurance policy on the person's life, health, or physical condition;
             (2)      That a licensed professional counselor or licensed professional counselor--mental health is not required to treat as confidential a communication that reveals the contemplation or the commission of a crime or a harmful act;
             (3)      If the person is a minor under the laws of this state and the information acquired by the licensed professional counselor or licensed professional counselor--mental health indicated that the minor was the victim or subject of a crime, the licensed professional counselor or licensed professional--mental health 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)      If the person waives the privilege by bringing charges against the licensed professional counselor or licensed professional counselor--mental health.

Source: SL 1990, ch 313, § 27; SL 1998, ch 240, § 9.


36-32-28 Inspection of counseling establishments.
     36-32-28.   Inspection of counseling establishments. The board may, from time to time, examine and inspect all private counseling establishments in the state. The board or its employees may enter and inspect any private counseling establishment at any time when the establishment is open for the transaction of business.

Source: SL 1990, ch 313, § 28.


36-32-29 Grounds for revocation of license.
     36-32-29.   Grounds for revocation of license. The license of a licensed professional counselor, licensed counselor, or licensed professional counselor--mental health may be revoked, suspended, or canceled upon any of the following grounds:
             (1)      The licensee is guilty of fraud in the practice of counseling or fraud or deceit in the licensee's admission to the practice of counseling;
             (2)      The licensee has been convicted during the past five years of a felony. The conviction of a felony means the conviction of any offense which, if committed within the State of South Dakota, would constitute a felony;
             (3)      The licensee is engaged in the practice of counseling 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 is addicted to the habitual use of intoxicating liquors, narcotics or stimulants to such an extent as to incapacitate the licensee from the performance of the licensee's professional duties;
             (5)      The physical or mental condition of the licensee is determined by a competent medical examiner to be such as to jeopardize or endanger those who seek relief from the licensee. A majority of the board may demand an examination of the licensee by a competent medical examiner selected by the board at the board's expense. If the licensee fails to submit to the examination, this constitutes immediate grounds for suspension of the licensee's license;
             (6)      Obtaining or attempting to obtain a license, certificate, or renewal thereof by bribery or fraudulent representation;
             (7)      Knowingly making a false statement in connection with any application under this chapter;
             (8)      Knowingly making a false statement on any form promulgated by the board in accordance with this chapter or the rules promulgated pursuant to this chapter;
             (9)      The licensee has violated any provision of this chapter or the rules promulgated pursuant to this chapter; and
             (10)      The licensee has been found to be in violation of the ethical standards of the American Counseling Association.

Source: SL 1990, ch 313, § 29; SL 1994, ch 310; SL 1998, ch 240, § 10.


36-32-30 Initiating revocation proceedings.
     36-32-30.   Initiating revocation 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 § 36-32-29 or is guilty of gross incompetence or unprofessional or dishonorable conduct.

Source: SL 1990, ch 313, § 30.


36-32-31 Majority of board required at revocation proceedings--Voting.
     36-32-31.   Majority of board required at revocation proceedings--Voting. 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 1990, ch 313, § 31.


36-32-32 Conformity of revocation proceedings.
     36-32-32.   Conformity of revocation proceedings. 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 1990, ch 313, § 32.


36-32-33 Appeal by aggrieved party.
     36-32-33.   Appeal by aggrieved party. 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 1990, ch 313, § 33.


36-32-34 Reinstatement of license.
     36-32-34.   Reinstatement of license. 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. However, 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 1990, ch 313, § 34.


36-32-35
     36-32-35.   Repealed by SL 1998, ch 240, § 11.


36-32-36 Additional duties of board.
     36-32-36.   Additional duties of board. 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 1990, ch 313, § 36.


36-32-37 Violations reported to law enforcement officials--Prosecution of violations.
     36-32-37.   Violations reported to law enforcement officials--Prosecution of violations. The board shall investigate and report every supposed violation of this chapter to the proper law enforcement officials in the county where the violation was committed. The board may 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 1990, ch 313, § 37.


36-32-38 Action for injunction.
     36-32-38.   Action for injunction. 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 where 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 1990, ch 313, § 38.


36-32-39 Board funds in state treasury account--Moneys appropriated.
     36-32-39.   Board funds in state treasury account--Moneys appropriated. All moneys coming into the custody of the board, including license fees, renewal fees, reciprocity fees, penalty fees, and any other payments, shall be deposited by the board to the state treasurer weekly, or as prescribed by the state treasurer. The state treasurer shall credit the moneys to the Board of Examiners for Counselors and Marriage and Family Therapists account in the state treasury, which account is hereby created. The moneys in the Board of Examiners for Counselors and Marriage and Family Therapists account are hereby continuously appropriated to the board for the purpose of paying the expense of administering and enforcing the provisions of this chapter. Such expenditures shall only be paid on warrants drawn by the state auditor and approved by the board or one of its officers. However, the total expense incurred may not exceed the total moneys collected by the board under the provisions of this chapter. The board, for the purposes of this chapter, may accept grants, gifts, or contributions.

Source: SL 1990, ch 313, § 39; SL 1991, ch 316, § 2; SL 2008, ch 198, § 3.


36-32-40 Mental health counseling.
     36-32-40.   Mental health counseling. For the purposes of §§ 36-32-41 to 36-32-43, inclusive, the practice of mental health counseling includes diagnosis and treatment of mental illness or mental and emotional disorders; individual, group, and marriage and family counseling, and psychotherapy; assessment; crisis intervention; counseling and consulting to facilitate normal growth and development; psychoeducational techniques aimed at the prevention of mental and emotional disorders; consultations to individuals, couples, families, groups, organizations, and communities; and clinical research.

Source: SL 1995, ch 226, § 1.


36-32-41 Application for certification as licensed professional counselor-mental health--LPC-MH des...
     36-32-41.   Application for certification as licensed professional counselor-mental health--LPC-MH designation. Effective January 1, 1996, a licensed professional counselor may apply to the board for certification as a licensed professional counselor-mental health (LPC-MH). No person may use the designation LPC-MH unless the person is certified pursuant to §§ 36-32-41 to 36-32-43, inclusive.

Source: SL 1995, ch 226, § 2.


36-32-42 Requirements for LPC-MH certification.
     36-32-42.   Requirements for LPC-MH certification. The board shall certify an applicant as a LPC-MH if the applicant fulfills the following requirements:
             (1)      Obtains licensure under this chapter as a licensed professional counselor;
             (2)      Completes a master's, specialist, or doctoral degree with an emphasis in mental health counseling from a counseling program approved by the Council for Accreditation of Counseling and Related Educational Programs as listed in the Directory of Accredited Programs, July 1991, or an equivalent program as demonstrated by studies in the following areas:
             (a)      The general principles and practices of etiology, diagnosis, treatment, and prevention of mental and emotional disorders and dysfunctional behavior, and the general principles and practices for the promotion of optimal mental health;
             (b)      The specific models and methods for assessing mental status and the identification of mental illness or abnormal, deviant, or psychopathologic behavior by obtaining appropriate behavioral data using a variety of techniques, including nonprojective personality assessments and achievement, aptitude, and intelligence testing, and translating findings into the Diagnostic and Statistical Manual categories, as adopted by the board by rules promulgated pursuant to chapter 1-26;
             (c)      The specific theories of psychotherapy for initiating, maintaining, and terminating therapy with a mentally and emotionally impaired client or a client with disabilities in a variety of settings using a variety of modalities, including crisis intervention, brief, intermediate, and long-term modalities;
             (d)      The basic classification, indications, and contraindications of the commonly prescribed psychopharmacological medications for the purpose of identifying the effects and side effects of prescribed psychotropic medications;
             (e)      The guidelines for conducting an intake interview and mental health history for planning and managing of client caseload;
             (f)      The specific concepts and ideas related to mental health education, outreach, prevention, and mental health promotion;
             (3)      Completes two years of clinical experience and supervision under a licensed mental health professional after receiving a master's degree. The supervising mental health professional must hold the highest level of licensure within that supervisor's profession. Clinical experience must consist of two thousand hours of direct client contact in a clinical setting. Supervision must consist of one hundred hours of direct supervision, at least fifty hours of which shall be face-to-face. The balance may be face-to-face or by telephone conferencing or interactive video conferencing. However, any telephone conferencing or interactive video conferencing must be secure such that reasonable precautions have been taken to ensure that the conference will not be intercepted or listened to by unauthorized persons;
             (4)      Passes an examination approved by the board for the purpose of assessing an applicant's knowledge in the content areas of mental health counseling.

Source: SL 1995, ch 226, § 3; SL 2004, ch 252, § 1.


36-32-43 Promulgation of rules regarding standards for certification as licensed professional couns...
     36-32-43.   Promulgation of rules regarding standards for certification as licensed professional counselor-mental health. The board shall promulgate rules pursuant to chapter 1-26 regarding standards for professional practice, certification, eligibility, continuing education, ethical standards, supervision, and examination of an applicant for and a holder of certification as a licensed professional counselor-mental health. The board shall set fees pursuant to chapter 1-26 of not more than one hundred fifty dollars for examination for certification, not more than seventy-five dollars for initial certification, and not more than seventy-five dollars for annual renewal of certification.

Source: SL 1995, ch 226, § 4.


36-32-44 Supervision received and clinical experience accumulated for licensed professional counsel...
     36-32-44.   Supervision received and clinical experience accumulated for licensed professional counselor licensure applied to mental health counselor certification. Supervision received in pursuit of licensure as a licensed professional counselor, if the supervising mental health professional holds the highest level of licensure within that supervisor's profession, and clinical experience consisting of direct client contact in a clinical setting accumulated in pursuit of licensure as a licensed professional counselor, may be applied to fulfill the certification requirements of a licensed professional counselor--mental health. No more than fifty hours of such supervision and no more than one thousand hours of such clinical experience may be applied to the certification requirements of a licensed professional counselor--mental health.

Source: SL 2004, ch 252, § 2.


36-32-45 Submission of revised supervision plan--Credits from previous experience and supervision.
     36-32-45.   Submission of revised supervision plan--Credits from previous experience and supervision. Any person pursuing certification as a licensed professional counselor or a licensed professional counselor--mental health who filed a supervision plan before July 1, 2004, may submit a revised supervision plan in accordance with §§ 36-32-42, 36-32-44, and 36-32-45. The period of time during which the person accumulated clinical experience and received qualifying supervision and the actual hours of clinical experience completed and supervision received before July 1, 2004, shall be credited to the person's revised supervision plan. The board shall accept the period of time and the actual hours in the revised plan if the period of time and the actual hours are in accord with § 36-32-44.

Source: SL 2004, ch 252, § 3.


Title 36

^ Back to Top