36-32-47 . Definitions. Terms used in this chapter mean: (1) “Board,” the Board of Examiners for Counselors and Marriage and Family Therapists; (2) “Counselor educator,” a professional counselor engaged primarily in developing, implementing, and supervising the educational preparation of professional counselors; (3) “Counseling,” the diagnosis and treatment of mental illness or mental and emotional disorders; […]
36-32-48 . Board of Examiners for Counselors and Marriage and Family Therapists–Membership–Appointment and qualifications. The board consists of nine members appointed by the Governor. Five members shall be professionals actively engaged in professional counseling or marriage and family therapy and be representative of the various disciplines governed by the board. One member shall be a […]
36-32-49 . Term of office–Compensation. The term of office for each board member is three years and begins on October thirty-first. No member of the board may serve for more than three consecutive full terms. If a person is appointed to fill a vacancy, that service is not counted as a term for purposes of […]
36-32-50 . Removal for cause–Vacancy. The Governor may remove a board member for cause. The Governor shall appoint a new member to serve out an unexpired term in the case of a vacancy for any reason. Source: SL 2020, ch 165, § 4.
36-32-51 . Meetings–Election of officers. The board shall meet at least annually, at the time and place designated by the president or by a majority of the board. A majority of the board’s members constitutes a quorum for the transaction of business. The board shall annually elect a president and a vice president from among […]
36-32-52 . Immunity from liability. The board, board members, and board agents are immune from personal liability for actions taken in good faith in the discharge of the board’s duties. The state shall hold the board, board members, and board agents harmless from all costs, damages, and attorney fees arising from claims and suits against […]
36-32-53 . Board within Department of Social Services. The board exists within the Department of Social Services. The board shall exercise all prescribed functions, including administrative functions. The board shall provide records, information, and reports to the secretary of the Department of Social Services at the time and in the manner requested by the secretary. […]
36-32-54 . Moneys received by board–Fund–Deposit–Continuous appropriation. The board shall forward all moneys received under the provisions of this chapter to the state treasurer for deposit in the Board of Examiners for Counselors and Marriage and Family Therapists fund hereby created in the state treasury. Moneys in the account are appropriated on a continuing basis […]
36-32-55 . Duties of board. The board shall: (1) Administer, coordinate, and enforce the provisions of this chapter and chapter 36-33 ; (2) Establish educational, training, examination, and competency standards for professional counselors and licensees under this chapter and chapter 36-33 ; (3) Establish standards for the safe and qualified practice of counseling and marriage […]
36-32-56 . Standards and procedures–Promulgation of rules. The board may promulgate rules, pursuant to chapter 1-26 , to set standards for professional practice and establish procedures for application, professional practice, licensure, eligibility, renewals, ethical standards, continuing education, supervision, and examination of an applicant for and a holder of licensure as a licensed professional counselor, licensed […]
36-32-57 . Display of license. Each license issued by the board under this chapter, shall be conspicuously displayed by the licensee at the licensee’s primary place of practice. Each licensee shall post and keep conspicuously displayed the annual renewal certificate issued by the board. Source: SL 2020, ch 165, § 11.
36-32-58 . Unlicensed practice–Violation as misdemeanor. It is a Class 2 misdemeanor for any person to engage or attempt to engage in the practice of professional counseling, without a license, unless exempted under the provisions of this chapter. Source: SL 2020, ch 165, § 12.
36-32-59 . Use of certain titles by unlicensed persons–Prohibition. Unless licensed in accordance with the provisions of this chapter, no person may use the titles: licensed clinical mental health counselor, licensed clinical counselor, licensed professional counselor–mental health, licensed professional counselor, or licensed counselor, or any similar title. Source: SL 2020, ch 165, § 13.
36-32-60 . Fraudulent or misleading advertising–Violation as misdemeanor. No advertising regarding the practice of counseling may be fraudulent or misleading. A violation of this section is a Class 1 misdemeanor. Source: SL 2020, ch 165, § 14.
36-32-61 . Performing services outside of scope–Prohibition. No licensee may perform counseling services that are outside the scope of the licensee’s relevant education, training, and experience. Source: SL 2020, ch 165, § 15.
36-32-62 . Enforcement of chapter. The board may use board staff or employ or contract with an agent or investigator to assist in enforcing this chapter or any rule promulgated by the board. If it appears to the board that a person is violating any provision of this chapter or any rule promulgated under this […]
36-32-63 . Assistance in enforcement–Expenditures–Employment of attorney. The board and board members and officers shall assist any person charged with the enforcement of this chapter. The board, board members, and officers shall furnish evidence to assist in the prosecution of any violation or enforcement, and the board may make a reasonable expenditure for that purpose. […]
36-32-64 . Professional counselor–Application–Requirements. An applicant for a license as a professional counselor shall file an application, in the manner prescribed by the board, together with the application fee prescribed by the board in accordance with §36-32-92. The board may issue a license as a professional counselor to an applicant who pays the license fee […]
36-32-65 . Licensed professional counselor–Mental health–Application–Requirements. An applicant for a license as a professional counselor–mental health shall file an application, in the manner prescribed by the board, together with the application fee prescribed by the board in accordance with §36-32-92. The board may issue a license as a professional counselor–mental health to an applicant who […]
36-32-66 . Examination of applicant’s physical or mental health. If the board suspects that the physical or mental health of any applicant may jeopardize or endanger anyone who seeks assistance from the applicant, the board may require that the applicant be examined by a board-approved health care provider, licensed or authorized to practice pursuant to […]
