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Rules checked October 25, 2026 · by Dr. Emily Turinas, PhD

How to start a private practice in South Dakota

The steps are the same everywhere. South Dakota's rules are what change: your board, your entity, your ads, your paperwork. Here they are for counselors, marriage and family therapists, clinical social workers, and psychologists, each linked to the official source.

Business education, not legal, tax, or clinical advice. Confirm each rule at the linked source before you rely on it.

Show rules for:
Usual entityA PLLC (professional LLC)
Yearly state filing$55
Recording sessionsOne-party consent state; get written consent either way
AI note toolsNo South Dakota-specific AI note law found as of October 25, 2026

By license

Starting a private practice in South Dakota, by license

Find your license for its South Dakota title, board, and what associates should know. The full rules for every license follow below, each linked to the official source.

Counselors · LPC-MH

Starting a private practice in South Dakota as an LPC-MH

License: Licensed Professional Counselor-Mental Health (LPC-MH). Board: South Dakota Board of Examiners for Counselors and Marriage and Family Therapists (SDCL chapter 36-32; ARSD articles 20:68 and 20:73).

  • Title in ads: Call yourself a "Licensed Professional Counselor-Mental Health" and never use counselor titles unless you are licensed.
  • Continuing education: 40 hours every two years, with at least 4 in counseling ethics.
  • Renewal: Renew every two years, by November 30 of each even-numbered year.
Before full licensure: Licensed Professional Counselor (LPC)

Our research didn't find a South Dakota board rule on this level's ads or private practice. Whether you may own a practice, bill insurance in your own name, or see private-pay clients outside your supervisor's practice: confirm with your board before you set anything up.

Rules checked October 25, 2026 · Official board site · Ad rules · Consent and records

MFTs · LMFT

Starting a private practice in South Dakota as an LMFT

License: Licensed Marriage and Family Therapist (LMFT). Board: South Dakota Board of Examiners for Counselors and Marriage and Family Therapists (SDCL chapter 36-33; ARSD article 20:71).

  • Title in ads: Call yourself a "Licensed Marriage and Family Therapist" and don't use therapist or counselor titles unless you are licensed.
  • Continuing education: 40 hours every two years, with at least 4 in marriage and family ethics.
  • Renewal: Renew every two years, by November 30 of each even-numbered year.
Before full licensure: Marriage and Family Therapist Associate (MFT Associate)

Our research didn't find a South Dakota board rule on this level's ads or private practice. Whether you may own a practice, bill insurance in your own name, or see private-pay clients outside your supervisor's practice: confirm with your board before you set anything up.

Rules checked October 25, 2026 · Official board site · Ad rules · Consent and records

Social workers · CSW-PIP

Starting a private practice in South Dakota as a CSW-PIP

License: Certified Social Worker, Private Independent Practice (CSW-PIP). Board: South Dakota Board of Social Work Examiners (SDCL chapter 36-26; ARSD article 20:59).

  • Title in ads: Use "Certified Social Worker" and show your private practice approval (CSW-PIP).
  • Continuing education: 30 hours every two years, with at least 6 in social work ethics.
  • Renewal: Renew every two years, by December 31 of the expiration year.
Who can open a private practice
Before full licensure: Certified Social Worker (CSW)

Our research didn't find a South Dakota board rule on this level's ads or private practice. Whether you may own a practice, bill insurance in your own name, or see private-pay clients outside your supervisor's practice: confirm with your board before you set anything up.

Rules checked October 25, 2026 · Official board site · Ad rules · Consent and records

Psychologists

Starting a private practice in South Dakota as a psychologist

License: Psychologist. Board: South Dakota Board of Examiners of Psychologists (SDCL chapter 36-27A; ARSD article 20:60).

  • Title in ads: Call yourself a "Licensed Psychologist" and don't use "psychologist" unless you are licensed.
  • Continuing education: 15 hours every year, with no required topics that we found.
  • Renewal: Renew every year, by June 30.
If you're not fully licensed yet

Our research didn't find a South Dakota board rule on this level's ads or private practice. Whether you may own a practice, bill insurance in your own name, or see private-pay clients outside your supervisor's practice: confirm with your board before you set anything up.

Rules checked October 25, 2026 · Official board site · Ad rules · Consent and records

Licensing

Your licensing board in South Dakota

Read your board's rules before you name your practice or write your website.

LicenseBoardContinuing educationRenewal
CounselorsSouth Dakota Board of Examiners for Counselors and Marriage and Family Therapists (SDCL chapter 36-32; ARSD articles 20:68 and 20:73)40 hours every two years, with at least 4 in counseling ethics.Renew every two years, by November 30 of each even-numbered year.
Marriage and family therapistsSouth Dakota Board of Examiners for Counselors and Marriage and Family Therapists (SDCL chapter 36-33; ARSD article 20:71)40 hours every two years, with at least 4 in marriage and family ethics.Renew every two years, by November 30 of each even-numbered year.
Clinical social workersSouth Dakota Board of Social Work Examiners (SDCL chapter 36-26; ARSD article 20:59)30 hours every two years, with at least 6 in social work ethics.Renew every two years, by December 31 of the expiration year.
PsychologistsSouth Dakota Board of Examiners of Psychologists (SDCL chapter 36-27A; ARSD article 20:60)15 hours every year, with no required topics that we found.Renew every year, by June 30.

Advertising

Advertising rules for therapists in South Dakota

Every ad counts: your website, directory profiles, business cards, and often your bills.

Counselors

Your title

Call yourself a "Licensed Professional Counselor-Mental Health" and never use counselor titles unless you are licensed.

  • Unlicensed use of "licensed professional counselor" or "licensed counselor" is barred.
  • Keep your license and renewal certificate displayed where you practice.

Not yet confirmed: We found no rule requiring your license number in ads. Ask the board if you want to be sure.

SDCL 36-32-59 and 36-32-57

What you can't say

Keep ads truthful and not misleading.

  • A fraudulent or misleading ad is a Class 1 misdemeanor.
  • You must also follow the ACA Code of Ethics advertising standards.

Not yet confirmed: South Dakota's rules don't spell out testimonials, "specialist" or guarantees. Avoid promising results and check the ACA code or ask the board.

SDCL 36-32-60

Marriage and family therapists

Your title

Call yourself a "Licensed Marriage and Family Therapist" and don't use therapist or counselor titles unless you are licensed.

  • Titles like "family therapist" and "marriage counselor" are also reserved for licensees.
  • Keep your license displayed where you practice.

Not yet confirmed: We found no rule requiring your license number in ads. Ask the board if you want to be sure.

SDCL 36-33-37 and 36-33-35

What you can't say

Keep ads truthful and not misleading.

  • A fraudulent or misleading ad is a Class 1 misdemeanor.
  • Only advertise services within your education, training and experience.
  • You must also follow the AAMFT Code of Ethics advertising standards.

Not yet confirmed: South Dakota's rules don't spell out testimonials, "specialist" or guarantees. Avoid promising results and check the AAMFT code or ask the board.

SDCL 36-33-38 and 36-33-39

Clinical social workers

Your title

Use "Certified Social Worker" and show your private practice approval (CSW-PIP).

  • Only licensees may use "social worker" or the letters CSW, SW or SWA.
  • Private practice needs the CSW license, two years of supervised experience and the board's exam.
  • Keep your license displayed where you practice.

Not yet confirmed: We found no rule requiring your license number in ads. Ask the board if you want to be sure.

SDCL 36-26-11 and 36-26-17

What you can't say

South Dakota has no social work advertising rule that we could find, so follow the NASW Code of Ethics.

  • The board requires you to follow the NASW Code of Ethics.
  • Keep ads truthful and don't promise results.

Not yet confirmed: Testimonials and "specialist" claims aren't covered by a state rule. Check the NASW code or ask the board.

ARSD 20:59:07:01

Psychologists

Your title

Call yourself a "Licensed Psychologist" and don't use "psychologist" unless you are licensed.

  • Keep your license displayed where you practice.

Not yet confirmed: We found no rule requiring your license number in ads. Ask the board if you want to be sure.

SDCL 36-27A-10 and 36-27A-23

What you can't say

South Dakota has no psychology advertising rule that we could find, so keep ads truthful.

  • Fraud or deceit in practice is grounds for discipline.
  • The board requires you to follow the ASPPB Code of Conduct.

Not yet confirmed: Testimonials, "specialist" and guarantees aren't covered by a state rule. Check the ASPPB code or ask the board.

ARSD 20:60:07:01 and SDCL 36-27A-28

Your business

Forming your practice in South Dakota

Most therapists form a PLLC (professional LLC). Check what your licensing board allows.

Then get your free EIN, open a business bank account, and get your free NPI. More in do therapists need a PLLC or LLC?

WhatSouth Dakota
Usual entityPLLC (professional LLC)
Yearly state filing$55
When it's dueBy the end of your anniversary month
Where to filesdsos.gov/business-services

Paperwork

Informed consent and records in South Dakota

What your intake paperwork must cover, and how long to keep records. For the full form, see informed consent for therapy and the Good Faith Estimate guide.

Counselors

Informed consent

Get informed consent before you start, following the ACA Code of Ethics.

  • Don't share client information without written consent, except in the few cases the law allows.
  • Exceptions include serious and imminent threats and what HIPAA or state law requires.

Not yet confirmed: South Dakota has no list of what your consent form must include. Use the ACA code's informed consent section as your guide.

ARSD 20:73:07:01 and SDCL 36-32-78

Records

South Dakota doesn't set a record retention period for you that we could find, so keep records at least 7 years as a safe habit.

  • Your board adopts a national ethics code, which expects you to keep records safely and as the law requires.
  • For a minor client, plan to keep records until well after they turn 18.
  • Check HIPAA, your insurer and your malpractice carrier, which may require longer.

Not yet confirmed: We found no South Dakota rule with a number of years. Ask the board before you set your own retention policy.

ACA Code of Ethics via ARSD 20:73:07:01

Complaints

Your board doesn't require a complaint notice that we could find.

  • Complaints go to the board under the state's uniform complaint process.
  • Board phone: 605-224-1721.

Not yet confirmed: Adding the board's name and contact details to your consent form is a safe habit. Ask the board if a notice is required. Confirm the board's phone number and mailing address on its website before you use them.

SDCL 36-32-80

Marriage and family therapists

Informed consent

Get informed consent before you start, following the AAMFT Code of Ethics.

  • In couple and family work, make sure each person understands the process and confidentiality.
  • Don't share client information except as the confidentiality and privilege law allows.

Not yet confirmed: South Dakota has no list of what your consent form must include. Use the AAMFT code's informed consent section as your guide.

ARSD 20:71:07:01 and SDCL 36-33-56

Records

South Dakota doesn't set a record retention period for you that we could find, so keep records at least 7 years as a safe habit.

  • Your board adopts a national ethics code, which expects you to keep records safely and as the law requires.
  • For a minor client, plan to keep records until well after they turn 18.
  • Check HIPAA, your insurer and your malpractice carrier, which may require longer.

Not yet confirmed: We found no South Dakota rule with a number of years. Ask the board before you set your own retention policy.

AAMFT Code of Ethics via ARSD 20:71:07:01

Complaints

Your board doesn't require a complaint notice that we could find.

  • Complaints go to the board under the state's uniform complaint process.
  • Board phone: 605-224-1721.

Not yet confirmed: Adding the board's name and contact details to your consent form is a safe habit. Ask the board if a notice is required. Confirm the board's phone number and mailing address on its website before you use them.

SDCL 36-33-58

Clinical social workers

Informed consent

Get informed consent before you start, following the NASW Code of Ethics.

  • Don't share client information except in the limited cases the law allows.

Not yet confirmed: South Dakota has no list of what your consent form must include. Use the NASW code's informed consent section as your guide.

ARSD 20:59:07:01 and SDCL 36-26-30

Records

South Dakota doesn't set a record retention period for you that we could find, so keep records at least 7 years as a safe habit.

  • Your board adopts a national ethics code, which expects you to keep records safely and as the law requires.
  • For a minor client, plan to keep records until well after they turn 18.
  • Check HIPAA, your insurer and your malpractice carrier, which may require longer.

Not yet confirmed: We found no South Dakota rule with a number of years. Ask the board before you set your own retention policy.

NASW Code of Ethics via ARSD 20:59:07:01

Complaints

Your board doesn't require a complaint notice that we could find.

  • Board phone: 605-642-1600.

Not yet confirmed: Adding the board's name and contact details to your consent form is a safe habit. Ask the board if a notice is required.

Psychologists

Informed consent

Get informed consent before you start, following the ASPPB Code of Conduct.

  • Psychologist-patient communications are confidential under state law.

Not yet confirmed: South Dakota has no list of what your consent form must include. Use the ASPPB code's informed consent section as your guide.

ARSD 20:60:07:01 and SDCL 36-27A-38

Records

South Dakota doesn't set a record retention period for you that we could find, so keep records at least 7 years as a safe habit.

  • Your board adopts a national ethics code, which expects you to keep records safely and as the law requires.
  • For a minor client, plan to keep records until well after they turn 18.
  • Check HIPAA, your insurer and your malpractice carrier, which may require longer.

Not yet confirmed: We found no South Dakota rule with a number of years. Ask the board before you set your own retention policy.

ASPPB Code of Conduct via ARSD 20:60:07:01

Complaints

Your board doesn't require a complaint notice that we could find.

  • The board has a File a Complaint page on its website.

Not yet confirmed: Adding the board's name and contact details to your consent form is a safe habit. Ask the board if a notice is required.

Practice

Telehealth, recording, AI notes, and reporting in South Dakota

Telehealth consent

No extra South Dakota items beyond a standard telehealth consent were found. Keep the basics: the client's location each session, an emergency contact, and what happens if the connection drops.

Recording

South Dakota is a one-party consent state under its general recording law (SDCL 23A-35A-20). Whatever the law, get written consent before recording a session or using an AI tool that listens to one.

AI note tools

No state law or board rule specific to AI note tools confirmed as of Oct 2026. Federal HIPAA, state confidentiality law, and board ethics rules still apply.

More in AI scribe consent for therapists.

Your consent should
  • Name the AI tool and what it does (drafts notes from a recording, transcript, or the therapist's summary)
  • Say whether the session is recorded or transcribed, and how long any audio, transcript, and AI data is kept before deletion
  • Client may say no or withdraw at any time without losing care
  • the therapist reviews and signs every note

Reporting abuse

Report suspected child abuse or neglect right away, by phone, to DSS, law enforcement or the county state's attorney.

  • Call the DSS child abuse line at 877-244-0864 (8 a.m. to 5 p.m. Monday to Friday). At other times, call local law enforcement.
  • You must be available to answer questions when you make the report.
  • You can ask for a written acknowledgment and response, which is due within 30 days.
  • Intentionally failing to report is a Class 1 misdemeanor.

SDCL 26-8A-3 and 26-8A-8

The order

The order to do it in

The same steps as anywhere, with South Dakota's rules above plugged in. The full walk-through, with costs and a timeline, is in how to start a private practice.

Your South Dakota checklist, done for youThe free checklist fits every step to your license and South Dakota: your board's rules, your entity steps with filing links, and starter intake forms filled in with South Dakota's requirements.
Get your South Dakota checklist →

Frequently asked questions

Do I need a PLLC to start a private practice in South Dakota?

Not always, but most South Dakota therapists who form an entity use a PLLC (professional LLC). Most therapists form a PLLC (professional LLC). A sole proprietorship needs no state filing, but it doesn't separate your business from your personal assets. Check what your licensing board allows before you file.

How many CE hours do therapists need in South Dakota?

Counselors: 40 hours every two years, with at least 4 in counseling ethics. Marriage and family therapists: 40 hours every two years, with at least 4 in marriage and family ethics. Clinical social workers: 30 hours every two years, with at least 6 in social work ethics. Psychologists: 15 hours every year, with no required topics that we found.

How long do I have to keep therapy records in South Dakota?

Counselors: South Dakota doesn't set a record retention period for you that we could find, so keep records at least 7 years as a safe habit. Marriage and family therapists: South Dakota doesn't set a record retention period for you that we could find, so keep records at least 7 years as a safe habit. Clinical social workers: South Dakota doesn't set a record retention period for you that we could find, so keep records at least 7 years as a safe habit. Psychologists: South Dakota doesn't set a record retention period for you that we could find, so keep records at least 7 years as a safe habit.

Is South Dakota a one-party or all-party consent state for recording sessions?

South Dakota is a one-party consent state under its general recording law (SDCL 23A-35A-20). Even so, ethics rules and HIPAA mean you should get your client's written consent before recording any session or using an AI note tool that records.

Can an LPC-MH open a private practice in South Dakota?

The Licensed Professional Counselor-Mental Health (LPC-MH) is South Dakota's full license for counselors, issued by the South Dakota Board of Examiners for Counselors and Marriage and Family Therapists (SDCL chapter 36-32; ARSD articles 20:68 and 20:73). The level before it is Licensed Professional Counselor (LPC). On your website and ads: call yourself a "Licensed Professional Counselor-Mental Health" and never use counselor titles unless you are licensed. Then set up your business (in South Dakota, usually a PLLC, professional LLC) and confirm with the board that nothing else applies to your setup, such as a separate private-practice approval.

Can a CSW-PIP open a private practice in South Dakota?

The Certified Social Worker, Private Independent Practice (CSW-PIP) is South Dakota's full license for clinical social workers, issued by the South Dakota Board of Social Work Examiners (SDCL chapter 36-26; ARSD article 20:59). The level before it is Certified Social Worker (CSW). Private practice needs the CSW license, two years of supervised experience and the board's exam. On your website and ads: use "Certified Social Worker" and show your private practice approval (CSW-PIP). Then set up your business (in South Dakota, usually a PLLC, professional LLC) and confirm with the board that nothing else applies to your setup, such as a separate private-practice approval.

What title do LMFTs use on their website in South Dakota?

Call yourself a "Licensed Marriage and Family Therapist" and don't use therapist or counselor titles unless you are licensed. Titles like "family therapist" and "marriage counselor" are also reserved for licensees. Keep your license displayed where you practice. Source: SDCL 36-33-37 and 36-33-35.

Can associates see private-pay clients in South Dakota?

South Dakota's associate and pre-licensed levels include Licensed Professional Counselor (LPC), Marriage and Family Therapist Associate (MFT Associate), and Certified Social Worker (CSW). Our research did not confirm whether South Dakota lets associates own a practice, bill in their own name, or see private-pay clients outside a supervisor's practice, so confirm with your board and your supervisor before you set one up.

Which board licenses psychologists in South Dakota?

The South Dakota Board of Examiners of Psychologists (SDCL chapter 36-27A; ARSD article 20:60). Continuing education: 15 hours every year, with no required topics that we found. Renewal: renew every year, by June 30. Confirm current requirements on the board's site.

Sources

Board rules checked October 25, 2026 from official board, statute, and state filing sites. If something has changed, email [email protected] and we'll update it.

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