State of South Dakota
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EIGHTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY, 2013
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400U0268
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SENATE BILL NO. 23
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Introduced by: The Committee on Health and Human Services at the request of the
Department of Social Services
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FOR AN ACT 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 Certification Board for Alcohol and Drug Professionals
Board of Addiction and Prevention Professionals; and
(2) "Practitioner," a person certified
, licensed, or recognized under this chapter in the
practice of
chemical dependency addiction counseling or prevention services who
holds
himself or herself oneself out to the public by any title or description of
services which uses the words certified
chemical dependency addiction counselor
or,
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
Certification Board for Alcohol and Drug 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 active within the chemical dependency profession actively
engaged in addiction counseling or prevention services and broadly represent a cross section of
the profession of chemical dependency counseling and prevention services. This board replaces
the functions previously performed by the South Dakota Chemical Dependency Counselor
Certification Board, a private nonprofit entity doing business as the Certification Board for
Alcohol and Drug Professionals.
Section 3. That § 36-34-5 be amended to read as follows:
36-34-5. The initial meeting of the board shall occur at Pierre, South Dakota, within one
month after the appointment of the ninth member. The board shall annually elect a chair,
vice-chair president, vice president, and a secretary-treasurer from its members. Thereafter the
board shall elect officers annually. The board shall meet at least once a year at a place and time
determined by the chair president. However, a majority of the board may call a meeting without
the assent of the chair 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 expenses of the department shall be paid from the account established in § 36-34-9, on
vouchers approved by the secretary of social services. 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 on or before the tenth
day of the next month 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. The board may expend
funds for administrative, consultant, secretarial, clerical, and stenographic services for the board.
No expense may be incurred by the board exceeding No expense incurred may exceed the total
money collected by the board under the provisions of this chapter. The board shall transfer
preexisting funds of the South Dakota Chemical Dependency Counselor Certification Board the
entity doing business as the Certification Board for Alcohol and Drug Professionals into the
account established in this chapter.
Section 6. That § 36-34-10 be amended to read as follows:
36-34-10. The board members shall be paid pursuant to § 3-9-2 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. No member of the board is civilly liable for any act taken while acting within the
scope of the member's official duties as a board member. 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)
Through its policies and activities, and by rules promulgated pursuant to chapter 1-26, establish standards for, and promote, the qualified practice of chemical
dependency prevention and counseling services 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, educational 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 chemical dependency prevention and 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 certification standards of this chapter;
(6) Register, pursuant to rules promulgated pursuant to chapter 1-26, those applicants
who successfully complete the certification requirements 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, registration licensure, dual credentials,
examination, upgrades, reciprocity, continuing education, certificate renewal, and
reinstatement, and all services authorized by this chapter.
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
examinations, certifications, recognitions, renewals, 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) Chemical dependency counselor certification Certified addiction counselor, certified
prevention specialist, or licensed addiction counselor application and examination
fee, two hundred fifty dollars;
(3) Chemical dependency counselor certification Certified addiction counselor, certified
prevention specialist, or licensed addiction counselor retest fee, two hundred dollars;
(4) Chemical dependency counselor certification Certified addiction counselor, certified
prevention specialist, or licensed addiction counselor renewal fee, one hundred fifty
two hundred dollars;
(5) Chemical dependency counselor certification level Certified addiction counselor,
certified prevention specialist, or licensed addiction counselor reinstatement fee, one
hundred fifty dollars;
(6) Status upgrade fee, one hundred fifty dollars;
(6)(7) Chemical dependency Addiction counselor trainee, prevention specialist trainee,
certified addiction counselor, certified prevention specialist, or licensed addiction
counselor replacement or duplicate certificate, fifteen dollars;
(7)(8) Chemical dependency counselor certification Certified addiction counselor, certified
prevention specialist, or licensed addiction counselor replacement identification card,
five dollars;
(8)(9) Chemical dependency counselor Addiction counselor trainee or prevention specialist
trainee recognition fee, one hundred fifty dollars;
(9)(10) Chemical dependency counselor Addiction counselor trainee or prevention
specialist trainee renewal fee, one hundred fifty dollars;
(10) Chemical dependency counselor trainee replacement or duplicate certificate fee,
fifteen dollars;
(11) Prevention specialist certification application and examination fee, two hundred fifty
Addiction counselor trainee or prevention specialist trainee reinstatement fee, one
hundred fifty dollars;
(12) Prevention specialist certification retest fee, two hundred International certificate fee,
twenty dollars;
(13) Prevention specialist certification renewal fee, one hundred fifty Certified addiction
counselor, certified prevention specialist, or licensed addiction counselor retirement
status practitioner fee, one hundred dollars;
(14) Prevention specialist replacement or duplicate certificate, fifteen Dual credential
renewal fee, three hundred dollars;
(15) Prevention specialist certification replacement card, five Examination cancellation
or rescheduling fee, twenty-five dollars;
(16) Prevention specialist trainee recognition fee, one hundred fifty Examination late
cancellation or nonattendance fee, one hundred twenty-five dollars;
(17) Prevention specialist trainee renewal fee, one hundred dollars;
(18) Prevention specialist trainee replacement or duplicate certificate fee, fifteen dollars;
(19) Trainee intern certificate, twenty-five dollars;
(20) Trainee intern replacement certificate, fifteen dollars;
(21) Registration as a continuing education service provider, twenty-five dollars; and
(22)(18) Mailing labels charge, one hundred dollars.
Section 10. That chapter 36-34 be amended by adding thereto a NEW SECTION to read as
follows:
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 himself or herself oneself as a licensed or certified
chemical dependency counselor (CCDC) or addiction counselor, addiction counselor trainee,
certified prevention specialist, prevention specialist trainee, or any other title that includes such
words unless the person is certified by the South Dakota Certification Board for Alcohol and
Drug Professionals or licensed under this chapter.
Section 12. That § 36-34-14 be repealed.
36-34-14. A chemical dependency counselor trainee may perform chemical dependency
counseling services so long as the trainee is working under the supervision of a certified
chemical dependency counselor.
Section 13. That § 36-34-15 be repealed.
36-34-15. A prevention specialist trainee may perform prevention services so long as the
trainee is working under the supervision of a certified prevention specialist or certified chemical
dependency counselor, level II or III.
Section 14. That chapter 36-34 be amended by adding thereto a NEW SECTION to read as
follows:
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
follows:
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
follows:
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
chemical dependency 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 from its members, consumers, third party
carriers providing financial reimbursement for chemical dependency prevention or counseling
services, or the public 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 certified 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 certification 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 chemical dependency 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 chemical dependency or licensed addiction
counselor or certified prevention specialist; or
(8) A practitioner has engaged in submitted false or, misleading advertising, 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.
No suspension or revocation may be based on a judgment as to therapeutic value of any
individual treatment rendered, but only upon a repeated pattern or trend of treatment resulting
in unacceptable results. 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.
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
registration license to
practice has been suspended or revoked may be reinstated or a new
recognition, certification
,
or
registration 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
of certification or registration and
reinstatement or new certification or registration. In addition, the board may, by rule
promulgated pursuant to chapter 1-26, require a fee for reinstatement, not to exceed one hundred
fifty dollars 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 registration 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 doing business as or the Certification Board for Alcohol and Drug
Professionals.