• How often is the EPPP examination given?
• What is the difference between the Board of Examiners of Psychologists and the SD Psychological Association?
• How do I obtain a list of licensed psychologists?
• Where do I find the Association of State and Provincial Psychology Board (ASPPB)?
• What do I need to use to prepare for the oral examination?
• What is a provisional License?
• Who is eligible for a provisional license?
• How do I obtain a provisional license?
• What do I do with my provisional license after obtaining a regular license?
• What happens if I reach the 12 month duration of provisional license and I have not yet obtained a regular license?
• Are there any limitations while practicing under a provisional license?

How often is the EPPP examination given?

The EPPP examination is given semi-annually in April and October in Spearfish, South Dakota. However, you must be approved by this board in order to sit for the examination. The date of the examination is set by ASPPB.

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What is the difference between the Board of Examiners of Psychologists and the SD Psychological Association?

The Board of Examiners of Psychologists has as its main goal protection of the public by regulating the professionals it licenses. The SD Psychological Association is an organization that promotes the profession of psychology. The South Dakota Association may be reached at 605-336-0244 or by writing to PO Box 460, Sioux Falls, SD 57101-0460.

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How do I obtain a list of licensed psychologists?

Please send to the board office your request along with a stamped (32 cents) self-addressed, envelope. Mailing labels and disks are not available.

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Where do I find the Association of State and Provincial Psychology Board (ASPPB)?

ASPPB's mailing address is P. O. Box 4389, Montgomery, AL 36103. You may visit ASPPB at http://www.asppb.org.

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What do I need to use to prepare for the oral examination?

The oral examination consists of questions on ethical issues as they relate to the clinical practice of Psychology. A thorough knowledge of the South Dakota licensing law, (SDCL 36-27A), the administrative rules pursuant to the licensing law, (Article 20:60), and regulations regarding the reporting of child abuse is essential in responding to questions on the ethical practice of Psychology.

The ethical code adopted by South Dakota is the American Association of State Psychology Boards (AASPB) Code of Conduct, May 1991. You may order the ethical code from the Association of State and Provincial Psychology Boards. The cost of the code is $10.00 per copy. The address for ordering the code is:

Association of State and Provincial Psychology Boards
P.O. Box 4389
Montgomery, AL 36103

Enclosed and attached are the licensing law, (SDCL 36-27A), the administrative rules of South Dakota, (Article 20:60), child abuse reporting requirements, and other guidelines to assist you in interpreting the licensing law.

SUBJECT: Guidelines for postdoctoral psychological experience in preparation for licensure.

Effective July 1, 1995, Chapter 36-27A, as amended by the seventeenth legislative assembly from a title act to a practice act, was adopted as the psychology licensing law. Section 36-27 A-10 of the amended act limits the practice of psychology and use of the title "psychologist" to persons licensed under Chapter 36-27A.

The South Dakota Board of Examiners of Psychologists has determined that persons completing their postdoctoral year of supervised psychological experience in preparation for licensure are exempt from the limitation on practice under Section 36-27A-2(3), of Chapter 36-27A, and are approved to engage in the practice of psychology, and to hold themselves out to the public as practicing psychology, but are limited to a title that clearly identifies their training status. Acceptable title designations include "psychology resident, psychology trainee," "psychological associate," and "psychological assistant." Any other title which uses the term psychology, psychological, psychometrist, or any variations on these terms must be approved by the board.

SUBJECT: These are additional laws and regulations psychologists need to be aware of for their practice and licensing.

26-10-10 Certain professionals to report child abuse and neglect cases -- Failure as misdemeanor -- Reports by other persons. Any physician, surgeon, pathologist, dentist, doctor of osteopathy, chiropractor, optometrist, mental health professional, podiatrist, psychologist, religious healing practitioner, social worker, hospital intern or resident, parole or probation officer, law enforcement officer, teacher, school counselor, school official, nurse, licensed or registered child welfare provider, chemical dependency counselor or coroner, having reasonable cause to suspect that any child under the age of eighteen years, has been starved, neglected as defined in {26-8-6, has had physical injury or injuries inflicted upon him by abuse or intentional neglect other than by accidental means, or has been subjected to circumstances or conditions which would reasonably result in abuse or neglect, by any person, including a parent or other person responsible for his care, shall report or cause reports to be made in accordance with {26-10-11, 26-10-11.1 and 26-10-12. Any person who intentionally fails to make a report required of him is guilty of a Class 1 misdemeanor. Any person who knows, suspects, or has reason to believe that a child has received physical or emotional injury or injuries as the result of abuse or intentional neglect may make a report as provided by law.

26-10-14. Immunity from liability. Anyone participating in good faith in the making of a report pursuant to 26-10-10 to 26-10-12, inclusive, or under any other provision of this chapter, shall have immunity from any liability, civil or criminal that might otherwise be incurred or imposed, and shall have the same immunity with respect to participation in any judicial proceeding resulting from such report. Immunity shall also extend in like manner to persons requesting the taking of photographs and X-rays pursuant to action 26-10-18, to persons taking the photographs, and X-rays and to child protection teams established by the secretary of social services, public officials or employees involved in the investigation and treatment of child abuse and neglect or who make a temporary placement of children pursuant to this chapter, or to any person who in good faith cooperates with a child protection team or the department of social services in an investigation, placement or treatment plan. The provisions of this section or any other section granting or allowing the grant of immunity may not be extended to any person alleged to have committed an act or acts of child abuse.

Under South Dakota Codified Law (SDCL) the confidential nature of the psychologist/patient relationship is legally protected by privilege. SDCL 36-27A-38 states:

The confidential relations and communications between a licensed psychologist and a person consulting him in his professional capacity are confidential. Nothing in this chapter may be construed as to require those privileged communications to be disclosed; nor may a psychologist's secretary, stenographer or clerk be examined with out the consent of his employer concerning any fact, the knowledge of which he has acquired in such capacity.

Privilege resides with the patient, and under ordinary circumstances only the patient can waive privilege.

There are instances in which confidentiality and privilege do not apply:

1. Known or suspected child abuse. Reporting is mandatory.
2. Substantial risk of imminent serious harm to another person by the patient. Reporting is not mandatory, but should be considered in light of the Tarasoff decision.
3. Substantial risk of imminent self-harm by the patient. Reporting is not mandatory, but should be considered to protect the patient, and the potential liability of the psychologist for failing to take appropriate action to protect the patient.
4. A court order (which is different from a subpoena) mandating the disclosure of otherwise privileged information.

The psychologist may appeal to the court to not force disclosure of confidential information. Should the court deny the appeal, failure to comply with the court order could result in the psychologist being found in contempt of court. If disclosure would result in grave concerns about the welfare of the patient the psychologist is advised to seek legal advice in deciding whether or not to comply.

SUBJECT: *Persons exempt from psychology licensing law.

The Board of Examiners of Psychologists has received an official opinion from the Attorney General on criteria to be utilized in identifying persons who are exempt from the psychology licensing law, as codified under South Dakota Codified Law (SDCL), Chapter 36-27A. SDCL 36-27A-2 states:

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

(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 and rules promulgated pursuant to 1-26.

According to the Attorney General, "public or private nonprofit organizations or institutions" include:

1. All federal, state and local governmental entities.
2. Nonprofit organizations exempt from taxation pursuant to 501(c) of the Internal Revenue Codes, 26 U.S.C. Section 501(c).
3. Nonprofit corporations organized pursuant to SDCL ch. 47-22 or organized under SDCL ch. 47-27.
4. Other nonprofit organizations and institutions.

Employees of such public or private nonprofit organizations or institutions are exempt from psychology licensure if they are supervised by a licensed psychologist.

Persons satisfying the stipulation of employment by public or private nonprofit organizations as defined, and are being supervised by a licensed psychologist may do the following:

1. Hold the title psychologist.
2. Engage in the practice of psychology.

Supervision of persons exempt from psychology licensure must consist of a minimum of 2 hours of face-to-face supervision per month as specified in the administrative rules of South Dakota (ARSD) Chapter 20:60:06. The supervising psychologist need not be employed by the same organization or institution as the person being supervised.

A person who is exempt from licensure under SDCL 36-27A-2(2), and is using that exemption to hold the title of psychologist and practice psychology under appropriate supervision, may not supervise other persons who are also exempt from licensure under SDCL 36-27A-2(2).

Employees of public or private nonprofit organizations or institutions may not function under position titles or position description titles psychologist, psychology, or any variation thereof, or practice psychology, unless they are supervised by a licensed psychologist as specified under Chapter 20:60:06, of the ARSD, pursuant to SDCL 36-27A-2(2).

Licensed professional in discipline other than psychology may not hold the title psychologist or practice psychology unless they satisfy criteria for exemption under SDCL 36-27A-2(2), to include supervision by a licensed psychologist, as delineated in the ARSD, Chapter 20:60:06.

The Board of Examiners of Psychologists is empowered to define an acceptable supervisory relationship, to include establishing qualifications for persons to be supervised, and specifying the nature of an acceptable supervisory relationship.

*This memorandum does not apply to persons in their postdoctoral year of supervised psychological experience in preparation for licensure.

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What is a provisional License?

A provisional license is a time-limited license to practice psychology, not to exceed 12 consecutive months in duration from the date of issuance.

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Who is eligible for a provisional license?

Applicants for regular South Dakota licensure may request a provisional license to practice psychology after passing the EPPP and an oral examination administered by the Board during the required postdoctoral year of psychological work experience under the supervision of a doctoral level South Dakota licensed psychologist.

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How do I obtain a provisional license?

You may request a provisional license by sending a letter requesting provisional licensure along with your completed application form.

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What do I do with my provisional license after obtaining a regular license?

A provisional license automatically expires upon issuance of a regular license to practice psychology.

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What happens if I reach the 12 month duration of provisional license and I have not yet obtained a regular license?

A provisional license is not to exceed a period of 12 consecutive months and cannot be renewed.

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Are there any limitations while practicing under a provisional license?

Yes. The applicant must be in the process of completing the requirements for regular South Dakota licensure. Applicants in that process are prohibited from using the title "psychologist". An acceptable title is one that clearly identifies the training status of the applicant, such as "psychological associate", "psychological assistant", or "psychology trainee". Any other title using the term "psychology" or "psychometrist", or any variations of those terms, must be approved by the Board.