The provisions of this chapter do not apply to the activities and services of a person practicing counseling as part of that person’s duties if the person is:

(1) Licensed or certified under this title and acting in a manner consistent with state law regarding the scope of practice;

Terms Used In South Dakota Codified Laws 36-32-76

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) Employed by a school, college, university, or other institution of higher learning and is engaged primarily in the education of students;

(3) Employed by a federal, state, county, or local governmental institution or agency and performing the duties for which the person is employed;

(4) 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) A member of the clergy and acting in a ministerial capacity, if the activity is within the scope of the person’s regular or specialized duties; or

(6) A student enrolled in a recognized program of study leading to a counseling degree, if that student practices only under the direct supervision of a counselor educator or a counselor licensed under this chapter.

Source: SL 2020, ch 165, § 30.

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