June 5, 1979
Dr. Gerald Mohatt
Secretary-Treasurer
Board of Examiners of Psychologists
Sinte Gleska College
Rosebud, South Dakota 57570
Official Opinion No. 79-17
Authority of Board of Examiners of Psychologists to sponsor workshops
Dear Dr. Mohatt:
You have requested an official opinion from this office based on the following factual situation:
FACTS:
The Board of Examiners of Psychologists in the past discussed sponsoring workshops to increase the skills of its licensees. Although the Board and Law will be abolished as of July 1, 1979, this desire remains quite important. In many ways the need for such education seems quite important. In many ways the need for such education seems more important given the fact that no regulation of Psychologists by law within our state will exist after July 1. Could you please provide us with a legal opinion concerning the use of funds remaining in the Board of Examiners account for the holding of workshops for continuing education of licensed Psychologists. Obviously this is not being done to meet the renewal requirements for licensure since the licensing law will not exist. The major focus is to insure that Psychologists currently licensed will be helped to build their skills in order competently to serve the citizens of the state.
Based on the above facts you have asked the following question:
QUESTION:
May the Board of Examiners of Psychologists use Board funds for the holding of workshops for continuing education of licensed psychologists?
The answer to your question based upon the facts you stated above is no. The applicable sections of the South Dakota Codified Laws and the Administrative Rules of South Dakota read as follows:
36-27-2. The profession of psychology profoundly affects the lives of the people of this state; therefore, it is the purpose of this chapter to protect the public by setting standards of qualification, education, training and experience for those who seek to engage in the practice of psychology and to promote high standards of professional performance for those engaged in the profession of psychology.
36-27-33. The board shall maintain a record of the continuing education of each licensee. A report of such continuing education shall be a part of the renewal application for licensure. The type and amount of continuing education required shall be set by the board. The board may waive the continuing education requirement in case of illness or undue hardship for a period of time set by the board, but not to exceed three years.
4-9-17. Whenever, by an act of the Legislature or by directive of any state department or institution a fund other than the general fund becomes nonexistent or is transferred to another fund, the state auditor shall notify the state treasurer to retain sufficient money within said fund to pay all outstanding liabilities as determined by the commissioner of finance and management and all outstanding warrants drawn against such fund until such time as the warrants reach their period of expiration by becoming two years old from the date of their issuance and the state treasurer is hereby authorized to transfer any balance remaining in said fund at the end of the expiration period to the fund where the original fund was previously transferred or to the general fund if no other fund was designated.
20:60:03:11. To be eligible for renewal of a license, applicants shall have participated in continuing education programs which will enable them to keep abreast of current clinical and counseling practices. An applicant seeking renewal of a license in 1979, must present evidence that he has completed a minimum of forty clock hours of continuing education in programs approved by the board. The forty clock hours of continuing education must be completed between the date of initial licensure and the date of application for renewal of a license. An applicant seeking renewal of a license in 1980 or the years following must present evidence that he has completed a minimum of fifty clock hours of continuing education in programs approved by the board during the previous two years. No more than ten of the required clock hours of continuing education shall be in programs of a personal experiential nature. All continuing education shall be verified by the applicant seeking renewal of a license.
20:60:03:12. Continuing education may not duplicate material already learned and must be sponsored by reputable institutions or professionally qualified individuals. All continuing education, unless an exception is granted by the board of examiners, must be primarily psychological in nature.
The Board's function as set out in SDCL 36-27-2 is to protect the public and promote high standards for practicing psychologists. A reading of SDCL 36-27 contemplates that the Board implement these functions by examination and licensing of new applicants and by setting standards for continuing education of licensees.
In view of the fact that there is no authorization for the Board to provide free continuing education or seminars to its licensees, it is my opinion that any surplus funds should be placed in the general fund after the Bureau of Finance and Management determines pursuant to SDCL 4-19-17 that no further Board obligations exist after the winding up process.
Respectfully submitted,
Mark V. Meierhenry
Attorney General
MVM:RW:esp
