Section 36-32-89 – Violations reported to law enforcement officials–Prosecution of violations.
36-32-89. Violations reported to law enforcement officials–Prosecution of violations. The board shall investigate an alleged violation of any provision of this chapter, pursuant to the procedures set forth in chapter 36-1C, and report the alleged violation. The board may employ special counsel subject to the supervision, control, and direction of the attorney general to assist […]
Section 36-32-90 – Action for injunction.
36-32-90 . Action for injunction. Any person who violates any provision in this chapter may be enjoined from any further violation at the suit of the state’s attorney of the county where the violation occurred. In the alternative, suit may be brought by any resident of this state. Source: SL 2020, ch 165, § 44.
Section 36-32-91 – Counseling services through electronic means–Requirements.
36-32-91 . Counseling services through electronic means–Requirements. Any person who practices counseling through electronic means and provides counseling services to a patient located in this state is engaged in the practice of counseling in this state, regardless of the provider’s physical location. Any service provided by a person through electronic means shall comply with the […]
Section 36-32-92 – Fees–Promulgation of rules.
36-32-92 . Fees–Promulgation of rules. The board shall promulgate rules in accordance with chapter 1-26 , to establish the following: (1) An application fee, not to exceed two hundred dollars; (2) A biennial renewal fee, not to exceed three hundred dollars; (3) A duplicate license fee, not to exceed fifteen dollars; (4) An inactive license […]
Section 36-32-93 – Professional counselors–Continuation of licenses.
36-32-93 . Professional counselors–Continuation of licenses. Any person licensed as a professional counselor under § 36-32-13 before June 30, 2020, is licensed as a professional counselor pursuant to §§ 36-32-48 to 36-32-92 , inclusive. Source: SL 2020, ch 165, § 47.
Section 36-32-94 – Professional counselor–mental health–Continuation of licenses.
36-32-94 . Professional counselor–mental health–Continuation of licenses. Any person licensed as a professional counselor–mental health under § 36-32-42 before June 30, 2020, is licensed as a professional counselor–mental health pursuant to §§ 36-32-48 to 36-32-92 , inclusive. Source: SL 2020, ch 165, § 48.
Section 36-32-80 – Complaints–Investigation–Dismissal–Hearing–Appeal.
36-32-80. Complaints–Investigation–Dismissal–Hearing–Appeal. Complaints regarding any person licensed under this chapter shall be processed pursuant to chapter 36-1C. A record of each complaint shall be maintained in the board office. Notwithstanding any provision of chapter 36-1C, an investigation may be conducted by a member, agent, or an appointee of the board to determine whether the alleged […]
Section 36-32-81 – Inspection of premises–Purposes.
36-32-81 . Inspection of premises–Purposes. Upon receiving a complaint regarding the health or safety of any patient or the public, any authorized board member, officer, or agent may enter and inspect, during business hours, any place where counseling is practiced for the purpose of enforcing this chapter. Refusal to allow an inspection may constitute unprofessional […]
Section 36-32-82 – Discovery–Evidence in contested cases–Civil actions.
36-32-82 . Discovery–Evidence in contested cases–Civil actions. Testimony or documentary evidence of any kind obtained by the board during the investigation of a complaint is not subject to discovery or disclosure under chapter 15-6 or any other provision of law and is not admissible as evidence in any legal proceeding, unless the complaint becomes a […]
Section 36-32-83 – Revocation of license–Grounds.
36-32-83 . Revocation of license–Grounds. For purposes of this chapter, “unprofessional or dishonorable conduct” includes a finding that: (1) The licensee or permit holder is guilty of fraud in the practice of counseling or of fraud or deceit in the licensee’s admission to the practice of counseling; (2) The licensee or permit holder has been […]