36-38-1. Definitions. Terms used in this chapter mean: (1)”Applied behavior analysis,” as provided in subdivision 58-17-154(1); (2)”Behavior analyst,” a person who meets the qualifications of subdivision 58-17-159(2), who is licensed as a behavior analyst by the board only for the provision of applied behavior analysis as defined in §§36-38-2 and 36-38-3, and who holds himself […]
36-38-10. Fee for initial licensure. After a behavior analyst applicant presents evidence of certification, the applicant shall pay a fee for initial licensure set by the board, in rules promulgated pursuant to chapter 1-26, not to exceed three hundred fifty dollars. (This section is repealed effective July 1, 2024 pursuant to SL 2016, ch 199, […]
36-38-11. Code of ethics. The board shall adopt a code of ethics for behavior analysts licensed under this chapter. (This section is repealed effective July 1, 2024 pursuant to SL 2016, ch 199, § 28.) Source: SL 2016, ch 199, §11.
36-38-12. Grounds for denial, revocation, suspension, or cancellation of license. The board may deny, revoke, suspend, or cancel any license or application for licensure to practice as a behavior analyst and may take other disciplinary or corrective action as the board deems appropriate upon any of the following grounds: (1)The licensee or applicant is guilty […]
36-38-13. Commencement of proceedings for cancellation or revocation of license. If the board has information that any licensee may be guilty of any misconduct as provided in §36-38-12 or is guilty of gross incompetence or unprofessional or dishonorable conduct, the board may institute proceedings for cancellation or revocation of the license. (This section is repealed […]
36-38-14. Hearing on cancellation or revocation of license–Decision. Each proceeding relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license which has been cancelled, revoked, or suspended may only be held if a majority of the members of the board are present at the hearing. The decision of the […]
36-38-15. Administrative procedure for cancellation or revocation of license. All proceedings relative to the cancellation, revocation, or suspension of a license shall conform to the procedure set forth in chapter 1-26. (This section is repealed effective July 1, 2024 pursuant to SL 2016, ch 199, § 28.) Source: SL 2016, ch 199, §15.
36-38-16. Appeal. Any party aggrieved by any acts, rulings, or decisions of the board relating to refusal to grant or to cancellation, revocation, or suspension of a license may appeal pursuant to chapter 1-26. (This section is repealed effective July 1, 2024 pursuant to SL 2016, ch 199, § 28.) Source: SL 2016, ch 199, […]
36-38-17. Reinstatement of license. Upon written application establishing compliance with existing licensing requirements and for reasons the board deems sufficient, the board, for good cause by majority vote, may reinstate or reissue a license that has been canceled, suspended, or revoked. However, upon suspension of a license, the board in the order may provide for […]
36-38-18. Record of licensees. The secretary-treasurer of the board shall keep a record of each person who has been granted a license pursuant to the provisions of this chapter, the license number, and the date the license was issued or renewed. The record may be admitted as evidence in any court. (This section is repealed […]
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.
36-38-2. Conduct included within practice of applied behavior analysis. The term, practice of applied behavior analysis, is the application of principles, methods, and procedures of the analysis of behavior including principles of operant and respondent learning. The term includes applications of those principles, methods, and procedures to: (1)Design, supervise, evaluate, and modify treatment programs to […]
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. […]
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 […]
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 […]
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.) […]
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 […]
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 […]
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 […]
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 […]
