revise provisions related to the practice of addiction counseling and prevention services.

26.371.17 101st Legislative Session 1029

2026 South Dakota Legislature
House Bill 1029
ENROLLED

AN ACT

ENTITLED An Act to revise provisions related to the practice of addiction counseling
and prevention services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-34-1 be AMENDED:
36-34-1. Terms used in this chapter mean:
(1) "Board," the South Dakota Board of Addiction and Prevention Professionals; and
(2) "Practitioner," a person certified, licensed, or recognized under this chapter in the
practice of addiction counseling or prevention services, who holds oneself out to
the public by any title or description of services using the following words or any
derivatives thereof:
(a) Certified addiction counselor;
(b) Licensed addiction counselor;
(c) Addiction counselor trainee;
(d) Addiction counselor supervisee;
(e) Certified prevention specialist;
(f) Prevention specialist trainee;
(g) Prevention specialist supervisee;
(h) Peer support specialist;
(i) Peer support specialist trainee; or
(j) Peer support specialist supervisee.
Section 2. That a NEW SECTION be added to chapter 36-34:
The board shall regulate addiction counseling and prevention services practitioners
in this state for the purposes of ensuring competency of practitioners, compliance with
national examination requirements, and the safety of the public.
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Section 3. That § 36-34-12 be AMENDED:
36-34-12. The board shall:
(1) Maintain responsibility for all disciplinary proceedings under this chapter;
(2) Examine, or cause to be examined, for competency, eligible applicants for
recognition, certification, or licensure to practice addiction counseling and
prevention services;
(3) Issue recognition, certificates, and licenses to applicants who successfully complete
the recognition, certification, or licensing requirements for practitioners, and renew
the recognitions, certifications, and licenses of practitioners who continue to me et
the standards of this chapter;
(4) Maintain a publicly available list that includes each practitioner's:
(a) Status;
(b) Recognition, certificate, or license number, and the date the recognition,
certification, or licensure was granted;
(c) Renewal date; and
(d) Record of disciplinary action from the board;
(5) Employ personnel in accordance with the needs and budget of the board;
(6) Enter into contracts, as necessary to carry out the board's responsibilities pursuant
to this chapter;
(7) Communicate disciplinary actions and recognition, certification, or licensing status
to the relevant state and federal governing bodies, as required; and
(8) Perform other duties directly related to this chapter.
Section 4. That § 36-34-13 be AMENDED:
36-34-13. The board shall promulgate rules, pursuant to chapter 1-26, to
establish:
(1) Recognition, certification, and licensure requirements for practitioners related to
qualifying education, examinations, and work experience;
(2) Requirements for the supervision of candidates for recognition, certification, and
licensure;
(3) Renewal requirements for practitioner recognition, certification, and licensure;
(4) Continuing education requirements for the renewal of a practitioner's certification
or license;
(5) Standards for the practice of addiction counseling and prevention services;
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(6) The following fees, which may not exceed the amounts specified:
(a) Application fee, fifty dollars;
(b) Examination fee, two hundred dollars;
(c) Certified addiction counselor, certified prevention specialist, or licensed
addiction counselor certification or license fee, three hundred dollars;
(d) Certified addiction counselor, certified prevention specialist, or licensed
addiction counselor retest fee, two hundred fifty dollars;
(e) Certified addiction counselor, certified prevention specialist, or licensed
addiction counselor renewal fee, four hundred dollars;
(f) Certified addiction counselor, certified prevention specialist, or licensed
addiction counselor reinstatement fee, two hundred dollars;
(g) Peer support specialist certification, renewal, or reinstatement fee, two
hundred dollars;
(h) Status upgrade fee, one hundred fifty dollars;
(i) Addiction counselor trainee, addiction counselor supervisee, prevention
specialist trainee, prevention specialist supervisee, peer support specialist
trainee, or peer support specialist supervisee recognition fee, one hundred
fifty dollars;
(j) Addiction counselor trainee, addition counselor supervisee, prevention
specialist trainee, prevention specialist supervisee, peer support specialist
trainee, or peer support specialist supervisee renewal fee, one hundred fifty
dollars;
(k) Addiction counselor trainee, addiction counselor supervisee, prevention
specialist trainee, prevention specialist supervisee, peer support specialist
trainee, or peer support specialist supervisee reinstatement fee, one
hundred fifty dollars;
(l) International certificate fee, twenty dollars;
(m) Dual credential renewal fee, four hundred dollars;
(n) Inactive license or certificate fee, fifty dollars; and
(o) Temporary license or certificate fee, one hundred dollars.
Section 5. That § 36-34-13.1 be AMENDED:
36-34-13.1. No person may represent oneself as a licensed or certified addiction
counselor, addiction counselor trainee, addiction counselor supervisee, certified
prevention specialist, prevention specialist trainee, prevention specialist supervisee, peer
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support specialist, peer support specialist trainee, or peer support specialist supervisee,
or any other title that includes those words unless the person is recognized, certified, or
licensed under this chapter.
Section 6. That § 36-34-13.5 be AMENDED:
36-34-13.5. The board may grant a certificate or license to any person who, at
the time of application, is certified or licensed in another state or territory of the United
States that imposes substantially the same requirements as this chapter and who has
taken and passed an examination similar to that required under this chapter.
Section 7. That a NEW SECTION be added to chapter 36-34:
The board may renew a recognition if the practitioner:
(1) Submits an application to the board for renewal before the expiration of the
recognition;
(2) Pays the required renewal fee; and
(3) Provides documentation of accumulated work, supervision, or education hours, as
required by the board.
Recognition is valid for one year from the date of issuance and may not be renewed
more than four times. The board may establish procedures, in rules promulgated in
accordance with chapter 1-26, for the reinstatement of an expired recognition if a renewal
application is received within thirty days after the expiration of the recognition.
Section 8. That § 36-34-21 be AMENDED:
36-34-21. Any practitioner subject to this chapter shall practice in accordance
with the standards established by the board and is subject to the exercise of the
disciplinary sanctions enumerated in § 36-34-23 if, after a hearing in the manner provided
in chapter 1-26, the board finds that:
(1) A practitioner has employed or knowingly cooperated in fraud or material deception
in order to obtain a recognition, certificate, or license to practice the profession, or
has engaged in fraud or material deception in the course of professional services
or activities;
(2) A practitioner has been convicted in any court of a felony;
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(3) A practitioner has engaged in or permitted the performance of unacceptable patient
care by the practitioner or by auxiliaries working under the practitioner's
supervision due to any deliberate or negligent act or failure to act;
(4) A practitioner has knowingly violated any provision of this chapter or board rules;
(5) A practitioner has continued to practice although the practitioner has become unfit
to practice due to professional incompetence, failure to keep abreast of current
professional theory or practice, physical or mental disability, or addiction or severe
dependency upon or use of alcohol or other drugs which endanger the public by
impairing a practitioner's ability to practice safely;
(6) A practitioner has engaged in lewd or immoral conduct in connection with the
delivery of addiction counseling or prevention services to consumers;
(7) A practitioner has employed or assisted, or is employing or assisting, a person who
holds oneself out as recognized, certified, or licensed in accordance with this
chapter, but who is not recognized, certified, or licensed in accordance with this
chapter;
(8) A practitioner submitted false, misleading, or inaccurate information to the board
in obtaining issuance or renewal of recognition, certification, or licensure; or
(9) A practitioner has failed to provide information or documents requested by the
board in the investigation or prosecution of a professional or ethical complaint filed
with the board.
Each legally required notice must be sent via ordinary first -class mail to the most
recent address that the practitioner has reported to the board. The practitioner has the
duty to maintain an accurate and current mailing address with the board.
Section 9. That § 36-34-23 be AMENDED:
36-34-23. The board may impose any of the following sanctions, singly or in
combination, if the board finds that a practitioner has violated any part of § 36-34-21:
(1) Revoke a practitioner's recognition, certification, or license to practice for an
indefinite length of time;
(2) Suspend a practitioner's recognition, certification, or license for a specific or
indefinite length of time;
(3) Censure a practitioner;
(4) Issue a letter of reprimand;
(5) Place a practitioner on probationary status and require the practitioner to report
regularly to the board on the matters that are the basis for probation;
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(6) Limit the practitioner's practice to areas prescribed by the board until a satisfactory
degree of skill has been attained in those areas that are the basis of the probation;
or
(7) Require the practitioner to reimburse the board in an amount equal to the costs
incurred for the investigation and disciplinary hearing, including the amount paid
by the board for legal expenses, attorney fees, court reporters, and any mediator
or hearing officer, provided there is clear and convincing evidence of wrongdoing
on the part of the practitioner.
The board may withdraw the probation if the board finds the deficiencies that
resulted in disciplinary action have been remedied.
A practitioner's recognition, certification, or licensure remains in effect during the
pendency of an appeal unless suspended under § 36-34-24.
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An Act to revise provisions related to the practice of addiction counseling and prevention
services.

I certify that the attached Act originated in
the:

House as Bill No. 1029

Chief Clerk of the House

Speaker of the House

Attest:

Chief Clerk of the House

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1029
File No. ____
Chapter No. ______

Received at this Executive Office
this _____ day of _____________,

2026 at ____________M.

By
for the Governor

The attached Act is hereby
approved this ________ day of
______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State

Filed ____________, 2026
at _________ o'clock __M.

Secretary of State

By
Asst. Secretary of State