South Dakota § 36-27A-2 - Exempt persons.

§ 36-27A-2. Exempt persons.

The provisions of this chapter do not apply to the following persons:

(1)    Employees of a regionally accredited academic institution while performing their teaching, training or research duties;

(2)    Employees working in public or private nonprofit organizations or institutions if they are being supervised by a licensed psychologist. The nature of an acceptable supervisory relationship shall be specified by the Board of Examiners of Psychologists in rules promulgated pursuant to chapter 1-26;

(3)    Students of psychology, psychology interns or persons preparing for the practice of psychology, if they are designated by the title psychology trainee, psychology intern, or similar title which clearly indicates their training status. Persons engaged in obtaining their one year of supervised postdoctoral psychology practice are also exempt;

(4)    Persons who are not residents of this state, and who have not established offices in this state, who render psychological services in this state for a period which does not exceed an aggregate of more than twenty days during any one year, if they are authorized under the laws of the state or country of their residence to perform these activities and services. If a provider exceeds ten consecutive days of practice in this state in any calendar year the provider shall report to the board, in writing, the nature and extent of the provider's practice in this state;

(5)    Persons consulting in the specialty areas of experimental psychology, industrial/organizational psychology, developmental psychology, social psychology, human factors psychology, and research design. Persons, who represent themselves as consulting in these specialty areas, shall notify the board of the general nature of their activities, unless they are otherwise exempted by this section;

(6)    School psychologists and school psychological examiners certified by the Department of Education practicing and functioning within the scope of their employment if they use the title certified school psychologist or school psychological examiner;

(7)    Qualified physicians, surgeons, dentists, osteopaths, optometrists, chiropractors, podiatrists, registered nurses, attorneys, court employees, marriage counselors, family counselors, members of the clergy, mental health counselors, school counselors, rehabilitation counselors, employment counselors, guidance counselors, social workers, or licensed professional counselors doing work within the standards and ethics of their respective professions if they do not hold themselves out to the public by any title incorporating the term psychology; or

(8)    Employers in the normal course of evaluating and assessing the skills, aptitudes, and interests of employees and job applicants.

Source: SL 1976, ch 235, § 3; SDCL Supp, §§ 36-27-4 to 36-27-10; SL 1981, ch 281, § 2; SL 1995, ch 225, §§ 2A, 2B; SL 2008, ch 197, § 2; SL 2010, ch 77, § 25.