Section 36-38-22 – Injunction–Election of injunction or criminal action.
36-38-22. Injunction–Election of injunction or criminal action. 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 […]
Section 36-38-23 – Money credited to board of social work examiners fund.
36-38-23. Money credited to board of social work examiners fund. Any money coming into the custody of the board pursuant to this chapter shall be credited to the South Dakota Board of Social Work Examiners fund established under §36-26-43. (This section is repealed effective July 1, 2024 pursuant to SL 2016, ch 199, § 28.) […]
Section 36-38-24 – Confidentiality of consultation with behavior analyst.
36-38-24. Confidentiality of consultation with behavior analyst. The relations and communications between a licensed behavior analyst and a person consulting a licensed behavior analyst in the person’s professional capacity are confidential. Nothing in this chapter may be construed to require the person’s confidential communications to be disclosed. (This section is repealed effective July 1, 2024 […]
Section 36-38-25 – Criminal background checks of assistant behavior analysts and paraprofessionals.
36-38-25. Criminal background checks of assistant behavior analysts and paraprofessionals. Any assistant behavior analyst or paraprofessional who delivers applied behavior analysis services under the extended authority and direction of a behavior analyst shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation. The behavior analyst who supervises […]
Section 36-38-26 – Certain assistant behavior analysts and paraprofessionals ineligible.
36-38-26. Certain assistant behavior analysts and paraprofessionals ineligible. No assistant behavior analyst or paraprofessional who has been convicted of a felony or misdemeanor involving moral turpitude as defined in subdivision 22-1-2(25) during the past five years may deliver applied behavior analysis services under the direction of a behavior analyst. (This section is repealed effective July […]
Section 36-38-27 – Promulgation of rules.
36-38-27. Promulgation of rules. The board may promulgate rules, pursuant to chapter 1-26, that delineate qualifications for licensure, specify requirements for the annual renewal of licensure, establish standards of professional conduct, specify procedures for violations of professional conduct, permit inactive licensures, establish procedures for collection and management of fees and payments, establish fees for initial […]
Section 36-38-19 – Practice without license–Misdemeanor.
36-38-19. Practice without license–Misdemeanor. Any person who practices as a behavior analyst in this state without a license issued by the board is guilty of a Class 2 misdemeanor. (This section is repealed effective July 1, 2024 pursuant to SL 2016, ch 199, § 28.) Source: SL 2016, ch 199, §19.
Section 36-38-20 – Duties of board.
36-38-20. Duties of board. In addition to the duties set forth elsewhere in this chapter, the board shall: (1)Recommend prosecution for any violation of this chapter to the appropriate state’s attorney; or (2)Recommend to the attorney general the bringing of a civil action to seek injunction and other relief against any violation of this chapter. […]
Section 36-38-21 – Investigation of suspected violations–Prosecution of violations.
36-38-21. Investigation of suspected violations–Prosecution of violations. The board shall investigate each suspected violation of this chapter pursuant to the procedures set forth in chapter 36-1C. If the suspected violation is committed by a nonlicensee, the board shall report the violation to the proper law enforcement official where the act is committed. The board is […]
Section 36-38-9 – Application for license.
36-38-9. Application for license. In applying for licensing, an applicant shall apply on a form prescribed by the board. The application shall be witnessed and notarized by a notary public. The license fee shall accompany the application. The application and all supporting evidence shall be public record as provided in chapter 1-27. (This section is […]