clarify provisions related to the licensure of certified social workers in private, independent practice and establish an alternative to the licensure examination.

26.184.12 101st Legislative Session 1145

2026 South Dakota Legislature
House Bill 1145

Introduced by: Representative Rehfeldt

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to clarify provisions related to the licensure of certified social workers in 1
private, independent practice and establish an alternative to the licensure 2
examination. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4
Section 1. That § 36-26-13 be AMENDED: 5
36-26-13. The board shall issue a license as a certified social worker in private, 6
independent practice, a certified social worker, a social worker, or a social work associate. 7
Section 2. That § 36-26-17 be AMENDED: 8
36-26-17. No person may engage in the private, independent practice of social 9
work unless he the person is licensed by the board as a certified social worker in private, 10
independent practice. A person seeking this license must: 11
(1) Is Be licensed under this chapter as a certified social worker; 12
(2) Has had Have two years of experience under appropriate supervision in the field of 13
specialization in which the applicant will practice (e.g., psychotherapy, community 14
organization, or planning); and 15
(3) Has passed Pass an examination prepared by the board for this purpose , or meet 16
the additional professional experience requirements set forth in section 3 of this 17
Act; and 18
(4) Submit an application to the board, accompanied by the fee authorized in § 36-26-19
19. 20
A person who obtains licensure as a certified social worker in private, independent 21
practice without passing the examination required by this section is not eligible to 22
participate in the Social Work Licensure Compact set forth in chapter 36-26A. 23
Section 3. That a NEW SECTION be added to chapter 36-26: 24
26.184.12 2 1145
Underscores indicate new language.
Overstrikes indicate deleted language.
If a person applying for licensure as a certified social worker in private, independent 1
practice has failed the examination required by § 36-26-17 on or after January 1, 2021, 2
the person may submit evidence to the board of having completed at least three thousand 3
hours of professional experience. The professional experience must: 4
(1) Be in addition to any other supervised experience required for licensure; 5
(2) Be supervised by a: 6
(a) Certified social worker in private, independent practice, licensed in 7
accordance with this chapter; or 8
(b) Another type of licensed health care practitioner affiliated with the mental 9
health profession, and approved by the board in rules promulgated in 10
accordance with chapter 1-26; 11
(3) Occur after the person is licensed as a certified social worker; and 12
(4) Be completed within the ten -year period immediately preceding the date of 13
application. 14
Section 4. That § 36-26-29 be AMENDED: 15
36-26-29. The board may shall promulgate rules pursuant to chapter 1-26 that to 16
set standards for professional practice , and establish the procedure for the licensure, 17
eligibility, continuing education, supervision, and examination for of certified social 18
workers, social workers, and social work associates, and certified social workers in private, 19
independent practice. 20
Section 5. This Act is effective beginning January 1, 2027. 21