36-32-76 . Inapplicability of chapter to certain activities and services. The provisions of this chapter do not apply to the activities and services of a person practicing counseling as part of that person's duties if the person is: (1) Licensed or certified under this title and acting in a manner consistent with state law regarding the scope of practice; (2) Employed by a school, college, university, or other institution of higher learning and is engaged primarily in the education of students; (3) Employed by a federal, state, county, or local governmental institution or agency and performing the duties for which the person is employed; (4) Employed by a licensed health care facility, an accredited prevention or treatment facility, a community support provider, a nonprofit mental health center, or a licensed or registered child welfare agency; (5) A member of the clergy and acting in a ministerial capacity, if the activity is within the scope of the person's regular or specialized duties; or (6) A student enrolled in a recognized program of study leading to a counseling degree, if that student practices only under the direct supervision of a counselor educator or a counselor d duties; or (6) A student enrolled in a recognized program of study leading to a counseling degree, if that student practices only under the direct supervision of a counselor educator or a counselor licensed under this chapter. Source: SL 2020, ch 165, § 30.
South Dakota Legal Code