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Section 36-36-1 – Definitions.

36-36-1. Definitions. Terms used in this chapter mean: (1)”ABGC,” the American Board of Genetic Counseling; (2)”ABMGG,” the American Board of Medical Genetics and Genomics; (3)”ACGC,” the Accreditation Council for Genetic Counseling; (4)”Board,” The South Dakota Board of Medical and Osteopathic Examiners; (5)”Genetic counselor,” a person licensed under this chapter to engage in the practice of […]

Section 36-36-10 – Supervision of temporary licensee.

36-36-10. Supervision of temporary licensee. Any licensee practicing pursuant to the authority of a temporary license shall practice under the supervision of a licensed genetic counselor or a physician approved by the board with current ABMGG certification in clinical genetics. Source: SL 2009, ch 194, §10; SL 2016, ch 198, §7.

Section 36-36-11 – Renewal of license–Application–Fee–Continuing education.

36-36-11. Renewal of license–Application–Fee–Continuing education. Each license issued pursuant to this chapter shall be renewed annually on a date set by the board. The board shall renew a license upon payment of the renewal fee, submission of a renewal application in a form approved by the board, and evidence satisfactory to the board of the […]

Section 36-36-12 – Promulgation of rules.

36-36-12. Promulgation of rules. The board shall promulgate rules pursuant to chapter 1-26 pertaining to fees, licensure, investigations, and continuing education. Source: SL 2009, ch 194, §12; SL 2016, ch 198, §9; SL 2021, ch 168, § 46.

Section 36-36-13 – Cancellation, revocation, suspension, or limitation of license for incompetence, unprofessional conduct, or statutory violation.

36-36-13. Cancellation, revocation, suspension, or limitation of license for incompetence, unprofessional conduct, or statutory violation. The board may cancel, revoke, suspend, or limit the license of any genetic counselor issued pursuant to this chapter upon satisfactory proof by a preponderance of the evidence, in compliance with chapter 1-26, of such licensee’s professional incompetence, or unprofessional […]

Section 36-36-14 – Reinstatement and renewal of license.

36-36-14. Reinstatement and renewal of license. Upon application, the board may reinstate and renew a license to practice to any person whose license has been cancelled, suspended, or revoked. However, no license that has been cancelled or revoked may be reinstated and renewed prior to one year after the cancellation or revocation. The reinstatement and […]

Section 36-36-15 – Genetic counselor advisory committee–Appointment–Terms–Duties.

36-36-15. Genetic counselor advisory committee–Appointment–Terms–Duties. The board shall appoint a genetic counselor advisory committee composed of a minimum of one genetic counselor and three physicians licensed pursuant to chapter 36-4. Each committee member shall serve a term of three years. No committee member may be appointed to more than three consecutive full terms. If a […]

Section 36-36-2 – Genetic counseling defined.

36-36-2. Genetic counseling defined. For the purposes of this chapter, genetic counseling is a communication process, conducted by appropriately trained persons that includes: (1)Assisting a person, the person’s family, a health care provider, or the public with comprehending the issues inherent to genetic counseling. The assistance may include the following: (a)Appreciating the medical, psychological, and […]

Section 36-36-3 – Practice of genetic counseling defined.

36-36-3. Practice of genetic counseling defined. For the purposes of this chapter, the practice of genetic counseling is the process of helping people understand and adapt to the medical, psychological, and familial implications of genetic contributions to disease performed pursuant to a referral. This process integrates the following: (1)Interpretation of family and medical histories to […]

Section 36-36-4 – Unlicensed practice of genetic counseling or use of title prohibited–Violation as misdemeanor.

36-36-4. Unlicensed practice of genetic counseling or use of title prohibited–Violation as misdemeanor. No person may engage in the practice of genetic counseling, act or represent himself or herself to be a genetic counselor, or use such titles as genetic counselor, licensed genetic counselor, gene counselor, genetic associate, or any words, letters, abbreviations, or insignia, […]

Section 36-36-5 – Application for license–Fee–Qualifications.

36-36-5. Application for license–Fee–Qualifications. Any person desiring to engage in the practice of genetic counseling in this state shall apply to the board for a license and pay the license fee. The application shall contain the information the board may require. The license fee shall be established by the board by rules promulgated pursuant to […]

Section 36-36-6 – Grounds for refusal of license.

36-36-6. Grounds for refusal of license. The board may, in compliance with chapter 1-26, refuse to grant a license under this chapter for unprofessional, immoral, or dishonorable conduct on the part of the applicant. Source: SL 2009, ch 194, §6.

Section 36-36-7 – Documented referral required–Supervision of patient–Reports–Genetic testing.

36-36-7. Documented referral required–Supervision of patient–Reports–Genetic testing. No licensed genetic counselor may provide genetic counseling to individuals, couples, groups, or families without a documented referral from a physician, certified nurse midwife, licensed certified nurse practitioner, licensed clinical nurse specialist, or a licensed physician assistant. The licensed physician, certified nurse midwife, licensed certified nurse practitioner, licensed […]

Section 36-36-8 – Seminars.

36-36-8. Seminars. A licensed genetic counselor may provide a general seminar without a referral to a group or organization on genetic counseling if the seminar does not include individual, couple, or family specific counseling. Source: SL 2009, ch 194, §8.

Section 36-36-9 – Temporary license–Fee–Examination–Expiration.

36-36-9. Temporary license–Fee–Examination–Expiration. The board may issue a temporary license to an applicant who has paid the temporary license fee, meets all the qualifications for licensure as established in §36-36-5 with the exception of certification by the ABMGG or ABGC, and has submitted evidence to the board that the applicant is a candidate accepted to […]