S 760 Session 111 (1995-1996)
S 0760 General Bill, By Moore
A Bill to amend Section 40-55-50, Code of Laws of South Carolina, 1976,
relating to acts constituting the practice of psychology, so as to include
practicing psychology.
04/18/95 Senate Introduced and read first time SJ-21
04/18/95 Senate Referred to Committee on Medical Affairs SJ-21
04/27/95 Senate Committee report: Favorable with amendment
Medical Affairs SJ-16
05/01/95 Senate Amended SJ-43
05/01/95 Senate Read second time SJ-43
05/01/95 Senate Ordered to third reading with notice of
amendments SJ-43
01/31/96 Senate Amended SJ-16
01/31/96 Senate Read third time and sent to House SJ-16
02/01/96 House Introduced and read first time HJ-12
02/01/96 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-12
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
January 31, 1996
S. 760
Introduced by SENATOR Moore
S. Printed 1/31/96--S.
Read the first time April 18, 1995.
A BILL
TO AMEND SECTION 40-55-50, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO ACTS CONSTITUTING THE
PRACTICE OF PSYCHOLOGY, SO AS TO INCLUDE
PRACTICING PSYCHOLOGY.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 40-55-70 of the 1976 Code is amended to
read:
"(A) It shall be is unlawful for
any a person not licensed under this chapter to
practice as a psychologist as provided for in Section 40-55-50
or present himself or be presented to the public by any
a title incorporating the name
`psychologist,', `psychological,', or
`psychology,', except that any a
psychological scientist employed by a recognized research
laboratory, school, college, university, or governmental agency may
represent himself by the academic or research title conferred by the
administration of such the firm, institution,
or agency; and except that a person may represent himself or have
himself represented as a psychologist, providing he if
the person is a member of the American Psychological
Association or of a regional association affiliated with the
American Psychological Association therewith or is
eligible for such membership. Provided
However, nothing in this section shall may
be construed as permitting such these persons to
offer their services to the public or to accept remuneration for
psychological services rendered to persons or organizations other
than those firms, institutions, or agencies from which they
receive their salaries unless they have been licensed under this
chapter. Provided, further Additionally,
psychologists may receive fees for lectures presented outside their
regular employment setting without being licensed.
(B) Visiting lecturers from other states also
may also employ their academic or research titles or the
designation `psychologist' providing that if they are
members of or eligible for membership in professional associations
as stated in this section. Students of psychology, psychology
interns, and other persons preparing for the profession of
psychologist in recognized training institutions or facilities may be
designated by titles such as including, but not limited
to, `psychological trainee,', `psychological
intern,', and other terms clearly indicating their
training status. Psychologically trained individuals who do not meet
requirements for licensing as provided in Section 40-55-80 are
permitted to render psychological services when under the direct
supervision of a licensed psychologist who assumes professional
responsibility for the competence of services rendered and who
keeps the board informed of the nature and extent of such
the services under his supervision."
SECTION 2. Section 40-75-40 of the 1976 Code is amended to
read:
"Section 40-75-40. No member of the board and no
special examiner, agent, or employee of the board may be held
liable for acts performed in the course of official duties except
where actual malice is shown. For the purpose of any
investigation, inquiry, or proceeding under this chapter, the board or
any person designated by it may administer oaths and affirmations,
subpoena witnesses, take evidence, and require the production of
any document or record which the board considers relevant to the
investigation, inquiry, or proceeding. In the case of contumacy by,
or refusal to obey a subpoena issued to any person, an
administrative law judge as provided under Article 5 of Chapter 23
of Title 1, upon application of the board, may issue an order
requiring the person to appear before the board or the person
designated by it and to produce documentary evidence and to give
other evidence concerning the matter under investigation or inquiry.
Whenever the board has reason to believe that any person is
violating or intends to violate any provision of the chapter it may
order, in addition to all other remedies allowed by law, the person
to desist immediately and refrain from the conduct. The board may
apply to an administrative law judge as provided under Article 5 of
Chapter 23 of Title 1 for an injunction restraining the person from
the conduct. An administrative law judge may issue ex parte a
temporary injunction not to exceed ten days in duration and, upon
notice and full hearing, may issue any other order in the matter it
considers proper. No bond may be required of the board by an
administrative law judge as a condition to the issuance of any
injunction or order contemplated by the provisions of this
section."
SECTION 3. Section 40-75-70 of the 1976 Code is amended to
read:
"Section 40-75-70. (A) It is unlawful for any
person who is not licensed in the manner prescribed in this chapter
to represent himself as a licensed professional counselor, licensed
associate counselor, or licensed marital and family therapist or
to use one of these titles and the corresponding letters `LPC' for
licensed professional counselor, `LAC' for licensed associate
counselor, or `LMFT' for licensed marital and family therapist
following his name, as the case may be or to hold himself out
to the public as being licensed under this chapter by means of using
a title on signs, mailboxes, address plates, stationery,
announcements, telephone listings, calling cards, or other
instruments of professional identification.
(B) It is unlawful for any person to engage in the practice
of counseling, as defined in Section 40-75-80 or to engage in the
practice of marital and family therapy as defined in Section 40-75-90 without first obtaining a license issued by the board or unless the
person is licensed under other provisions of state law and the
license authorizes such practice.
(C) It is unlawful for a person to obtain or attempt to
obtain a license under this chapter by presenting false or forged
evidence of qualifications or other fraudulent representation, or to
disclose forged or fraudulent qualifications to a client.
(D) Any person violating this section is guilty of a
misdemeanor and, upon conviction, must be punished by a fine
not to exceed one hundred dollars not less than one
hundred dollars nor more than one thousand dollars or by
imprisonment not to exceed thirty days one year, or
both, for each offense."
SECTION 4. Chapter 75, Title 40 of the 1976 Code is amended
by adding:
"Section 40-75-95. Individuals in the following
classifications who are performing services of a nature consistent
with their training and which services are similar to those described
in this chapter are exempt from the provisions of this chapter so
long as they do not represent themselves by a title or description in
the manner prescribed in Section 40-75-140:
(1) A nonresident person who renders services for no more than
thirty days during any year, so long as the person is duly authorized
to perform the activities and services under the laws of the state or
county of his residence;
(2) Any rabbi, clergyman, or person of similar status who is a
member in good standing of, and accountable to, a recognized
denomination or religious organization and who is exercising
ministerial responsibilities in the religious body, parish, church
ministry, or institutional ministry with which he is associated;
(3) Employees of licensed hospitals in the State performing
services similar to those described in this chapter so long as the
services are performed within the course of and scope of their
employment as an employee of the hospital. No regular employee
of a licensed hospital in this State may be required under this
chapter to be licensed as a condition of employment by such
hospital or as a condition for the performance of services similar to
those described in this chapter while employed in such hospital.
Nothing in this chapter may be construed to permit a person
licensed under this chapter to practice medicine or to represent
himself to the public as a psychologist unless he has been duly
authorized to do so by other provisions of law. Lecturers from any
school, college, agency, or training institution may utilize an
academic, research, or job title when invited to present lectures to
institutions or organizations."
SECTION 5. Section 40-75-140 of the 1976 Code is amended
to read:
"Section 40-75-140. Any person is regarded as a `licensed
professional counselor' or a `licensed associate counselor' or a
`licensed marital and family therapist' within the meaning of this
chapter who meets the qualifications and requirements prescribed in
this chapter and who is registered and licensed by the board. A
license holder or licensee may use the title appearing on his license
and the corresponding letters `LPC' for licensed professional
counselor, `LAC' for licensed associate counselor, or `LMFT' for
licensed marital and family therapist following his name, as the case
may be. Every license holder shall display his license in a
prominent place in his place of practice at each location
at which the licensee practices his profession."
SECTION 6. Section 40-75-160 of the 1976 Code is amended
to read:
"Section 40-75-160. (A) The board may receive
complaints by any person against a licensee or against any
person who has unlawfully assumed to act as a licensee or against
any person who has unlawfully engaged in the practice of
counseling or marital and family therapy, as defined in this
chapter, and may require the complaints to be submitted in
writing specifying the exact charge or charges and to be signed by
the complainant.
(B) Upon receipt of a complaint, the secretary, or
other person as the president may designate, shall investigate the
allegations in the complaint and make a report to the board
concerning his investigation. In instances where a board member
makes the initial investigation or complaint, he may not sit with the
board at the hearing of the complaint. If the board desires to
proceed further it may file, in its discretion, a formal accusation
charging the licensee with a violation of this chapter. The
accusation must be signed by the president or vice president on
behalf of the board. When the accusation is filed and the board
has set a date and a place for a hearing on the accusation, the
secretary, or other person as the president may designate, shall
notify the accused in writing not less than thirty days prior to the
hearing and a copy of the accusation must be attached to the notice.
The notice must be served personally or sent to the accused by
registered mail, return receipt requested, directed to his last mailing
address furnished to the board. The post office registration receipt
signed by the accused, his agent, or a responsible member of his
household or office staff, or, if not accepted by the person to whom
addressed, the postal authority stamp showing the notice refused, is
prima facie evidence of service of the notice.
(C) The accused may appear and show cause why his
license should not be suspended or revoked or why other
disciplinary action should not be taken. The accused has the right
to be confronted with and to cross-examine the witnesses against
him and has the right to counsel. For the purposes of these
hearings, the board may require by subpoena the attendance of
witnesses and the production of documents and other evidence and
may administer oaths and hear testimony, either oral or
documentary, for and against the accused. All investigations,
inquiries, and proceedings undertaken under this chapter must be
confidential.
(D) Every communication, whether oral or written,
made by or on behalf of any complainant to the board or its agents
or any member of the board, pursuant to this chapter, whether by
way of complaint or testimony, is privileged and no action or
proceeding, civil or criminal, may lie against any person by whom
or on whose behalf the communication is made, except upon proof
that the communication was made with malice.
(E) Nothing contained in this chapter prohibits the
accused from regular access to the charges and evidence filed
against him as a part of due process under the law.
(F) For the purpose of any investigation, inquiry, or
proceeding under this chapter, the board or any person designated
by it may administer oaths and affirmations, subpoena witnesses,
take evidence, and require the production of any document or
record which the board considers relevant to the investigation,
inquiry, or proceeding. In the case of contumacy by, or refusal to
obey a subpoena issued to any person, an administrative law judge
as provided under Article 5 of Chapter 23 of Title 1, upon
application of the board, may issue an order requiring the person to
appear before the board or the person designated by it and to
produce documentary evidence and to give other evidence
concerning the matter under investigation or inquiry.
(G) Whenever the board has reason to believe that any person is
violating or intends to violate any provision of the chapter it may
order, in addition to all other remedies allowed by law, the person
to desist immediately and refrain from the conduct. The board may
apply to an administrative law judge as provided under Article 5 of
Chapter 23 of Title 1 for an injunction restraining the person from
the conduct. An administrative law judge may issue ex parte a
temporary injunction not to exceed ten days in duration and, upon
notice and full hearing, may issue any other order in the matter it
considers proper. No bond may be required of the board by an
administrative law judge as a condition to the issuance of any
injunction or order contemplated by the provisions of this
section.
(H) Any final order of the board finding that a person is
guilty of any offense charged in a formal accusation must become
public knowledge except for a final order dismissing the accusation
or determining that a private reprimand is in order. All final orders
which are made public must be mailed to local, state, and national
professional associations, and all firms or facilities with which the
person is associated, states where the person has a license known to
the board, and to any other source that the board wishes to furnish
this information."
SECTION 7. Chapter 75, Title 40 of the 1976 Code is amended
by adding:
"Section 40-75-165. (A) The board by regulation shall
establish methods by which consumers and service recipients are
notified of the name, mailing address, and telephone number of the
board for the purpose of directing complaints to the board. The
board may provide for that notification:
(1) on each registration form, application, or written contract
for services of an individual or entity licensed under this chapter;
(2) on a sign prominently displayed in each place of business
of each individual or entity licensed under this chapter; or
(3) in a bill for service provided by an individual or entity
licensed under this chapter.
(B) The board shall list along with its regular telephone number
the toll-free telephone number that may be called to present a
complaint about a licensee if the toll-free number is established
under other law."
SECTION 8. Section 40-75-200 of the 1976 Code is amended
to read:
"Section 40-75-200. Every licensee shall make available
to each client a copy of a statement of professional disclosure. The
statement of professional disclosure shall include the licensee's
address and telephone number, fee schedule, educational training,
and the address and telephone number of the board. No
person licensed under this chapter may charge a client or receive
remuneration for professional counseling or marital and family
therapy services unless, prior to the performance of those services,
the client is furnished a copy of a statement of professional
disclosure. The statement of professional disclosure shall include
the licensee's address and telephone number, the services offered,
the fee schedule, the licensee's educational training and professional
credentials, the address and telephone number of the board, and
such other provisions required by the board."
SECTION 9. This act takes effect upon approval by the
Governor.
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