The enrolled version streamlines the Board of Addiction and Prevention Professionals' regulatory structure by removing specific fee caps and consolidating redundant duties into a cleaner list of eight core responsibilities, while shifting fee-setting authority from a "may promulgate" permissive framework to a mandatory rules-based system. This NARROWS the bill's focus from comprehensive fee regulation to establishing foundational competency and practice standards.
26.371.16 26.371.17 101st Legislative Session 1029 2026 South Dakota Legislature House Bill 1029 Introduced by: The Chair of the Committee on Health and Human Services at the request of the South Dakota Board of Addiction and Prevention Professionals Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to revise provisions related to the practice of addiction counseling and 1 prevention services. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 36-34-1 be AMENDED: 4 36-34-1. Terms used in this chapter mean: 5 (1) "Board," the South Dakota Board of Addiction and Prevention Professionals; and 6 (2) "Practitioner," a person certified, licensed, or recognized under this chapter in the 7 practice of addiction counseling or prevention services, who holds oneself out to 8 the public by any title or description of services which uses using the following 9 words certified or any derivatives thereof: 10 (a) Certified addiction counselor, licensed; 11 counselor; (b) Licensed addiction counselor, addiction; 12 counselor; (c) Addiction counselor trainee, certified; 13 trainee; (d) Addiction counselor supervisee; 14 (e) Certified prevention specialist, prevention; 15 specialist; (f) Prevention specialist trainee, or any derivatives thereof; 16 trainee; (g) Prevention specialist supervisee; 17 (h) Peer support specialist; 18 (i) Peer support specialist trainee; or 19 (j) Peer support specialist supervisee. 20 Section 2. That a NEW SECTION be added to chapter 36-34: 21 The board shall regulate addiction counseling and prevention services practitioners 22 in this state for the purposes of ensuring competency of practitioners, compliance with 23 national examination requirements, and the safety of the public. 24 26.371.16 26.371.17 2 1029 Underscores indicate new language. Overstrikes indicate deleted language. HB1029 ENROLLED Section 3. That § 36-34-12 be AMENDED: 1 36-34-12. The board shall: 2 (1) Promulgate rules that set standards for professional practice of addiction 3 counseling and prevention services and other rules as necessary for the 4 administration of this chapter. All rules shall be promulgated pursuant to chapter 5 1-26; 6 (2) Be responsible Maintain responsibility for all disciplinary proceedings under this 7 chapter; 8 (3) Establish, by rules promulgated pursuant to chapter 1-26, education, training and 9 competency, continuing education, and ethical standards governing the 10 examination and practice of practitioners under this chapter; 11 (4)(2) (2) Examine, or cause to be examined, for competency, eligible applicants, applicants for 12 recognition, certification, or licensure to practice addiction counseling and 13 prevention services. Examinations shall be held at least semiannually; 14 (5)(3) services; (3) Issue recognition, certificates, and licenses to those applicants who successfully 15 complete the recognition, certification, or licensing requirements for practitioners, 16 and renew the recognitions, certifications, and licenses of those practitioners who 17 continue to meet the standards of this chapter; 18 (6)(4) (4) Maintain a record of all practitioners which includes the publicly available list that 19 includes each practitioner's status,: 20 practitioner's: (a) Status; 21 (b) Recognition, certificate, or license number, and the date the recognition, 22 certification, or licensure was granted, renewal; 23 granted; (c) Renewal date,; date; and any public record of discipline 24 (d) Record of disciplinary action from the board; and 25 (7) Establish and collect, pursuant to rules promulgated pursuant to chapter 1-26, fees 26 for applications, recognition, certification, licensure, dual credentials, examination, 27 upgrades, reciprocity, continuing education, renewal, reinstatement, and all 28 services authorized by this chapter 29 (5) Employ personnel in accordance with the needs and budget of the board; 30 (6) Enter into contracts, as necessary to carry out the board's responsibilities pursuant 31 to this chapter; 32 (7) Communicate disciplinary actions and recognition, certification, or licensing status 33 to the relevant state and federal governing bodies, as required; and 34 (8) Perform other duties directly related to this chapter. 35 26.371.16 3 1029 Underscores indicate new language. Overstrikes indicate deleted language. Section 4. That § 36-34-13 be AMENDED: 1 36-34-13. The board may shall promulgate rules, pursuant to chapter 1-26, to 2 provide fees for all services and charges authorized by this chapter. The fees may not 3 exceed the following maximums establish: 4 (1) Recognition, certification, and licensure requirements for practitioners related to 5 qualifying education, examinations, and work experience; 6 (2) Requirements for the supervision of candidates for recognition, certification, and 7 licensure; 8 (3) Renewal requirements for practitioner recognition, certification, and licensure; 9 (4) Continuing education requirements for the renewal of a practitioner's certification 10 or license; 11 (5) Standards for the practice of addiction counseling and prevention services; 12 26.371.17 3 1029 HB1029 ENROLLED (6) The following fees, which may not exceed the amounts specified: 13 (a) Application fee, fifty dollars; 14 (b) Examination fee, two hundred dollars; 15 (c) Certified addiction counselor, certified prevention specialist, or licensed 16 addiction counselor application and examination certification or license fee, 17 three hundred dollars; 18 (2)(d) (d) Certified addiction counselor, certified prevention specialist, or licensed 19 addiction counselor retest fee, two hundred fifty dollars; 20 (3)(e) (e) Certified addiction counselor, certified prevention specialist, or licensed 21 addiction counselor renewal fee, four hundred dollars; 22 (4)(f) (f) Certified addiction counselor, certified prevention specialist, or licensed 23 addiction counselor reinstatement fee, two hundred dollars; 24 (5)(g) (g) Peer support specialist certification, renewal, or reinstatement fee, two 25 hundred dollars; 26 (h) Status upgrade fee, one hundred fifty dollars; 27 (6)(i) (i) Addiction counselor trainee or, trainee, addiction counselor supervisee, prevention 28 specialist trainee, prevention specialist supervisee, peer support specialist 29 trainee, or peer support specialist supervisee recognition fee, one hundred 30 fifty dollars; 31 (7)(j) (j) Addiction counselor trainee or, trainee, addition counselor supervisee, prevention 32 specialist trainee, prevention specialist supervisee, peer support specialist 33 trainee, or peer support specialist supervisee renewal fee, one hundred fifty 34 dollars; 35 26.371.16 4 1029 Underscores indicate new language. Overstrikes indicate deleted language. (8)(k) (k) Addiction counselor trainee or, trainee, addiction counselor supervisee, prevention 1 specialist trainee, prevention specialist supervisee, peer support specialist 2 trainee, or peer support specialist supervisee reinstatement fee, one 3 hundred fifty dollars; 4 (9)(l) (l) International certificate fee, twenty dollars; 5 (10)(m) (m) Dual credential renewal fee, four hundred dollars; 6 (11)(n) (n) Inactive license or certificate fee, fifty dollars; and 7 (12)(o) (o) Temporary license or certificate fee, one hundred dollars. 8 Section 5. That § 36-34-13.1 be AMENDED: 9 36-34-13.1. No person may represent oneself as a licensed or certified addiction 10 counselor, addiction counselor trainee, addiction counselor supervisee, certified 11 prevention specialist, prevention specialist trainee, prevention specialist supervisee, peer 12 26.371.17 4 1029 HB1029 ENROLLED support specialist, peer support specialist trainee, or peer support specialist supervisee, 13 or any other title that includes such those words unless the person is recognized, certified, 14 or licensed under this chapter. 15 Section 6. That § 36-34-13.5 be AMENDED: 16 36-34-13.5. The board may grant a certificate or license to any person who, at 17 the time of application, is certified or licensed in another state or territory of the United 18 States that imposes substantially the same requirements as this chapter, chapter and who has 19 taken and passed an examination similar to that required under this chapter, and has not 20 been convicted of a felony within five years of the date of application, and if convicted of 21 a felony, has completed all sentencing requirements prior to the date of application. 22 chapter. Section 7. That a NEW SECTION be added to chapter 36-34: 23 The board may renew a recognition if the practitioner: 24 (1) Submits an application to the board for renewal before the expiration of the 25 recognition; 26 (2) Pays the required renewal fee; and 27 (3) Provides documentation of accumulated work, supervision, or education hours, as 28 required by the board. 29 Recognition is valid for one year from the date of issuance and may not be renewed 30 more than four times. The board may establish procedures, in rules promulgated in 31 26.371.16 5 1029 Underscores indicate new language. Overstrikes indicate deleted language. accordance with chapter 1-26, for the reinstatement of an expired recognition if a renewal 1 application is received within thirty days after the expiration of the recognition. 2 Section 8. That § 36-34-21 be AMENDED: 3 36-34-21. Any practitioner subject to this chapter shall practice in accordance 4 with the standards established by the board and is subject to the exercise of the 5 disciplinary sanctions enumerated in § 36-34-23 if, after a hearing in the manner provided 6 in chapter 1-26, the board finds that: 7 (1) A practitioner has employed or knowingly cooperated in fraud or material deception 8 in order to obtain a recognition, certificate, or license to practice the profession, or 9 has engaged in fraud or material deception in the course of professional services 10 or activities; 11 (2) A practitioner has been convicted in any court of a felony; 12 26.371.17 5 1029 HB1029 ENROLLED (3) A practitioner has engaged in or permitted the performance of unacceptable patient 13 care by the practitioner or by auxiliaries working under the practitioner's 14 supervision due to any deliberate or negligent act or failure to act; 15 (4) A practitioner has knowingly violated any provision of this chapter or board rules; 16 (5) A practitioner has continued to practice although the practitioner has become unfit 17 to practice due to professional incompetence, failure to keep abreast of current 18 professional theory or practice, physical or mental disability, or addiction or severe 19 dependency upon or use of alcohol or other drugs which endanger the public by 20 impairing a practitioner's ability to practice safely; 21 (6) A practitioner has engaged in lewd or immoral conduct in connection with the 22 delivery of addiction counseling or prevention services to consumers; 23 (7) A practitioner has employed or assisted, or is employing or assisting an uncertified 24 or unlicensed, assisting, a person to hold himself or herself who holds oneself out as a 25 recognized, certified, or licensed addiction counselor or certified prevention 26 specialist in accordance with this chapter, but who is not recognized, certified, or 27 licensed in accordance with this chapter; 28 (8) A practitioner submitted false, misleading, or inaccurate information to the board 29 in obtaining issuance or renewal of recognition, certification, or licensure; or 30 (9) A practitioner has failed to provide information or documents requested by the 31 board in the investigation or prosecution of a professional or ethical complaint filed 32 with the board. 33 26.371.16 6 1029 Underscores indicate new language. Overstrikes indicate deleted language. Each legally required notice shall must be sent via ordinary first-class mail to the 1 most recent address that the practitioner has reported to the board. The practitioner has 2 the duty to maintain an accurate and current mailing address with the board. 3 Section 9. That § 36-34-23 be AMENDED: 4 36-34-23. The board may impose any of the following sanctions, singly or in 5 combination, if the board finds that a practitioner has violated any part of § 36-34-21: 6 (1) Revoke a practitioner's recognition, certification, or license to practice for an 7 indefinite length of time; 8 (2) Suspend a practitioner's recognition, certification, or license for a specific or 9 indefinite length of time; 10 (3) Censure a practitioner; 11 (4) Issue a letter of reprimand; 12 (5) Place a practitioner on probationary status and require the practitioner to report 13 regularly to the board on the matters which that are the basis for probation; 14 26.371.17 6 1029 HB1029 ENROLLED (6) Limit the practitioner's practice to areas prescribed by the board and continue to 15 renew professional education until a satisfactory degree of skill has been attained 16 in those areas which that are the basis of the probation; or 17 (7) Require the practitioner to reimburse the board in an amount equal to the costs 18 incurred for the investigation and disciplinary hearing, including the amount paid 19 by the board for legal expenses, attorney fees, court reporters, and any mediator 20 or hearing officer, provided there is clear and convincing evidence of wrongdoing 21 on the part of the practitioner. 22 The board may withdraw the probation if the board finds the deficiencies that 23 resulted in disciplinary action have been remedied. 24 Certification A practitioner's recognition, certification, or licensure shall remain 25 remains in effect during the pendency of an appeal unless suspended under § 36-34-24. 26 26.371.17 7 1029 HB1029 ENROLLED 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