SDCL § 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 licensed under this chapter.