H*2450 Session 107 (1987-1988)
H*2450(Rat #0653, Act #0568 of 1988) General Bill, By S.R. Foster,
D. Blackwell, L. Blanding, M.D. Burriss, T.M. Burriss, Carnell, C.D. Chamblee,
W.N. Cork, R.S. Corning, Davenport, F.L. Day, P.W. Derrick, Elliott, P. Evatt,
Fair, B.J. Gordon, P.B. Harris, Harvin, Hayes, J.C. Hearn, B.L. Hendricks,
T.E. Huff, Koon, J.E. Lockemy, J.G. Mattos, J.G. McAbee, M. McLeod,
J.H. Nesbitt, T.F. Rogers, J.H. Toal and D.E. Winstead
A Bill to amend Chapter 63, Title 40, Code of Laws of South Carolina, 1976,
relating to social workers, so as to change the name of the Board of Social
Worker Registration to the Board of Social Work Examiners and the composition
of the Board, more broadly define the powers and duties of the Board, and more
stringently regulate social workers, and to repeal Section 40-63-90 of the
1976 Code relating to the use of titles by social workers.-amended title
02/11/87 House Introduced and read first time HJ-487
02/11/87 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-487
05/06/87 House Committee report: Majority favorable with amend.,
minority unfavorable Medical, Military, Public
and Municipal Affairs HJ-2442
05/28/87 House Special order
06/03/87 House Amended HJ-3620
06/03/87 House Debate interrupted HJ-3625
06/04/87 House Amended HJ-3716
06/04/87 House Debate interrupted HJ-3752
01/13/88 House Read second time HJ-396
01/14/88 House Read third time and sent to Senate HJ-426
01/19/88 Senate Introduced and read first time SJ-19
01/19/88 Senate Referred to Committee on Medical Affairs SJ-19
03/22/88 Senate Committee report: Favorable with amendment
Medical Affairs SJ-18
03/24/88 Senate Amended SJ-57
03/24/88 Senate Read second time SJ-59
03/24/88 Senate Ordered to third reading with notice of
amendments SJ-59
03/24/88 Senate Adjourned debate until April 5 SJ-59
04/14/88 Senate Amended SJ-203
04/14/88 Senate Debate interrupted SJ-20204
04/19/88 Senate Amended SJ-61
04/19/88 Senate Read third time SJ-62
04/19/88 Senate Returned SJ-62
05/04/88 House Concurred in Senate amendment and enrolled HJ-3544
05/05/88 House Recalled from Legislative Council HJ-3614
05/10/88 House Returned HJ-3633
05/24/88 Ratified R 653
05/29/88 Signed By Governor
05/29/88 Effective date 05/29/88
05/29/88 Act No. 568
06/14/88 Copies available
(A568, R635, H2450)
AN ACT TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO SOCIAL WORKERS, SO AS TO CHANGE THE NAME OF THE BOARD OF SOCIAL
WORKER REGISTRATION TO THE BOARD OF SOCIAL WORK EXAMINERS AND THE COMPOSITION OF
THE BOARD, MORE BROADLY DEFINE THE POWERS AND DUTIES OF THE BOARD, AND MORE
STRINGENTLY REGULATE SOCIAL WORKERS; AND TO REPEAL SECTION 40-63-90 RELATING TO
USE OF TITLES BY SOCIAL WORKERS.
Be it enacted by the General Assembly of the State of South Carolina:
Social workers
SECTION 1. Chapter 63 of Title 40 of the 1976 Code is amended to read:
"CHAPTER 63
Social Workers
Section 40-63-10. There is created the State Board of Social Work Examiners
to be composed of seven members appointed by the Governor, with the advice and
consent of the Senate, including one lay member, two licensed baccalaureate
social workers, three licensed master social workers, and one licensed
independent social worker. All members must be residents of the State and the
social workers must have been in the active practice of social work for at least
five years prior to appointment.
The terms of the members are for four years and until their successors are
appointed and qualify. Members of the board are eligible for reappointment but
may not serve more than two consecutive terms.
The board may employ such staff as may be necessary to carry out the duties and
functions of the board.
The board is responsible for examining applicants for social work licenses,
investigating complaints, and investigating and prosecuting violations of this
chapter.
The board may promulgate regulations to carry out the provisions of this
chapter.
The Governor may remove a member who is guilty of continued neglect of his
duties or who is incompetent or unprofessional. No member may be removed without
an opportunity to refute the charges filed against him. He must be given a copy
of the charges at the time they are filed.
Vacancies on the board must be filled by appointment by the Governor for the
unexpired portion of the term.
Section 40-63-20. The members of the board shall qualify by taking an oath of
office before a notary public or other officer authorized to administer oaths in
this State. At the first meeting of the board in each calendar year the board
must elect a president, vice-president, secretary, and treasurer from its
membership. A majority of the members of the board constitutes a quorum.
Regular meetings must be held at least four times a year. Special meetings may
be held upon the call of the president or any two members of the board.
If a board member is disqualified and his absence results in the lack of a
quorum or an adequate number of members to perform official functions, the
Governor may deputize an individual to replace him during the period of
disqualification. The deputized individual shall meet the same qualifications
as the member he is replacing and shall take the same oath as required of other
members of the board.
The board shall have a seal and the impression must be attached to all official
documents issued by it. The board shall keep a full record of all its
proceedings and maintain a complete registry of all licensed social workers.
Each member may receive for his services mileage, expenses, subsistence, and
per diem as provided by law for members of state boards, committees, and
commissions.
Section 40-63-30. For the purpose of any investigation or proceeding under the
provisions of 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 documents or records which the board considers relevant to
the inquiry. In the case of contumacy by, or refusal to obey a subpoena issue
to, any person, a court of common pleas, upon application of the board, may issue
an order requiring the person to appear before the board or the person designated
by it and produce documentary evidence and to give other evidence concerning the
matter under inquiry.
Whenever the board has reason to believe that any person is violating or
intends to violate any provision of this chapter it may order, in addition to all
other remedies, the person immediately to desist and refrain from such conduct.
The board may apply to the court of common pleas for an injunction restraining
the person from such conduct. The court may issue a temporary injunction ex
parte and upon notice and full hearing may issue any other order in the matter
it considers proper. No bond is required of the board by the court as a
condition to the issuance of any injunction or order contemplated by the
provisions of this section.
Section 40-63-40. All revenues and income from licenses, examination fees,
other fees, sale of commodities and services, and income derived from any board
source or activity must be remitted to the State Treasurer as collected, when
practicable, but at least once each week, and credited to the general fund of the
State. All assessments, fees, or licenses must be levied in an amount sufficient
to at least equal the amount appropriated in the annual general appropriation act
for the board, plus any additional funds allocated by the Budget and Control
Board for implementation of the State's Personnel Compensation Plan.
The annual report required by Chapter 73 of this title must be made by the
board in accordance with the provisions of that chapter.
Section 40-63-50. A person is regarded as a 'Licensed Baccalaureate Social
Worker', 'Licensed Master Social Worker', or 'Licensed Independent Social
Worker', within the meaning of this chapter, who meets the qualifications and
requirements prescribed in this chapter and who is licensed by the Board of
Social Work Examiners. It is unlawful for any person who is not qualified and
licensed in the manner prescribed in this chapter to use the title 'Social
Worker', 'Licensed Baccalaureate Social Worker', 'Licensed Master Social Worker',
or 'Licensed Independent Social Worker', or to use the title Social Worker within
any other professional title. Any person violating the provisions of this
section is guilty of a misdemeanor and, upon conviction, must be fined not more
than one hundred dollars or imprisoned for not more than thirty days, or both.
Section 40-63-60. For the purposes of this chapter, 'social work practice'
means service and action to effect changes in human behavior, a person's
emotional responses, and the social conditions of individuals, families, groups,
organizations, and communities. For the purpose of this definition, the practice
of social work is guided by special knowledge, acquired through formal
professional social work education, of social welfare policies and services,
social welfare systems and resources, human development and behavior within the
context of the social environment, and methods of bringing about change in
individuals, families, groups, communities, and social welfare organizations.
Social work practice involves the disciplined application of social work values,
principles, and methods. Social work practice includes, but is not restricted
to, the following activities:
(1) utilizing professional social work knowledge and methods to conduct a
variety of counseling activities and therapeutic approaches, including
psychotherapy (excluding the prescribing of medicine), with individuals,
families, and groups in order to improve emotional adjustment, enhance
psychological and social functioning, or effect behavioral changes;
(2) utilizing professional social work knowledge and methods to explain and
interpret the psychological aspects of a situation to individuals, families, or
groups;
(3) utilizing professional social work knowledge and methods to explain and
provide general assistance, information, and referral services and other
supportive services;
(4) utilizing professional social work knowledge and methods to provide
resources to meet basic human needs;
(5) utilizing professional social work knowledge and methods to help
organizations and communities analyze social problems and human needs in order
to plan and provide appropriate social services;
(6) utilizing professional social work knowledge and methods to assist
organizations and communities to develop their capacity for general neighborhood
or community improvement;
(7) utilizing professional social work knowledge and methods to develop
policies, plans, and programs to address social needs and improve social
conditions;
(8) utilizing professional social work knowledge and methods to supervise
employees engaged in the direct delivery of social services.
Section 40-63-70. All applicants for licensure under this chapter must be
residents of or be employed in the State.
An applicant for licensure as a Licensed Baccalaureate Social Worker must: (1)
have a baccalaureate degree from a social work or social welfare program
accredited by the Council on Social Work Education or from a social work welfare
program offered by a regionally accredited institution and have passed an
examination conducted by the board, or (2) have a baccalaureate degree in
sociology or psychology from a regionally-accredited institution if the board
finds that the training was substantially equivalent to that obtained in social
work or social welfare programs and have passed an examination conducted by the
board.
An applicant for licensure as a Licensed Master Social Worker must have a
master's or doctoral degree from a social work program accredited by the Council
on Social Work Education and must have passed an examination conducted by the
board.
An applicant for licensure as a Licensed Independent Social Worker must have
a master's or doctoral degree from a social work program accredited by the
Council on Social Work Education plus post-graduate social work education as
approved by the board, have two years of professionally supervised experience
satisfactory to the board in those services to be provided in private or
independent practice, and have passed an examination conducted by the board.
The board must conduct at least one examination each year for persons who
desire to become a Licensed Baccalaureate Social Worker, a Licensed Master Social
Worker, or a Licensed Independent Social Worker. Any person desiring to be
examined by the board must make application and pay a fee to the board in the
manner prescribed by the board.
Section 40-63-75. Until one year from the appointment of the board, an
applicant for certification and licensure may, in lieu of the requirements
established in Section 40-63-70, qualify for licensure by demonstrating to the
satisfaction of the board that the applicant is presently practicing social work
within this State at the level for which application is made, or is presently
practicing social work within the South Carolina Department of Social Services
having a minimum of sixty hours or equivalent of college credits and is applying
for licensure as a Licensed Baccalaureate Social Worker. Persons licensed under
terms of this section remain subject to all requirements of this chapter,
excepting those in Section 40-63-70. No current employee or agent of the State
employed by or with the State on or before July 1, 1989, who practices social
work as defined in this chapter may be denied licensure or relicensure by the
board so long as they remain employed by or with the State, and so long as they
comply with all the other requirements of this chapter, excepting those in
Section 40-63-70.
Section 40-63-80. The board by regulation may require continuing education of
every person licensed under the provisions of this chapter and the payment of an
annual license renewal fee. Upon the payment of the fee and the fulfillment of
requirements for continuing education, the license of any person licensed under
the provisions of this chapter must be renewed by the board.
Any licensee who allows his license to lapse by failing to renew the license
as provided in this section may be reinstated by the board upon satisfactory
explanation by the licensee of his failure to renew his license and upon payment
of a reinstatement fee and the current renewal fee to be determined by regulation
promulgated by the board. If a license has lapsed for more than one year, the
board may impose further educational requirements for reinstatement.
Any person practicing as a social worker during the time his license has lapsed
is an illegal practitioner and is subject to penalties provided for in Section
40-63-50.
Section 40-63-90. A social worker licensed under the provisions of this
chapter, upon payment of the prescribed fee, may use the title appearing on his
license and the corresponding letters ('LBSW' for 'Licensed Baccalaureate Social
Worker'; 'LMSW' for 'Licensed Master Social Worker'; or 'LISW' for 'Licensed
Independent Social Worker') following his name, unless the license has been
revoked or suspended or has lapsed. Every person to whom a license is issued
shall display the license in a prominent place in his office or place of
employment.
Section 40-63-100. The board may receive complaints by any person against a
licensed social worker and require the complaints to be submitted in written
form. 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 shall not sit with
the board at the hearing of such complaint. If the board desires to proceed
further it may file, in its discretion, a formal accusation charging the social
worker with a violation of a provision 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 place for hearing, the
secretary of the board 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 whom addressed, the postal authority stamp showing
the notice refused is prima facie evidence of service of the notice.
The accused may appear and show cause why his license should not be suspended
or revoked or other disciplinary action taken. The accused has the right to be
confronted with and to cross-examine the witnesses against him and the right to
counsel. For the purposes of the hearings, the board may require by subpoena the
attendance of witnesses, the production of documents, may administer oaths and
hear testimony, either oral or documentary, for and against the accused. All
investigations and proceedings undertaken under the provisions of this chapter
must be confidential.
Every communication, whether oral or written, made by or on behalf of any
complainant to the board or its agents or any hearing panel or member, pursuant
to this chapter, whether by way of complaint or testimony, is privileged and no
action or proceeding, civil or criminal, lies against any person by whom or on
whose behalf such communication has been made, except upon proof that such
communication was made with malice.
No part of this chapter prohibits the respondent or his legal counsel from
exercising the respondent's constitutional right of due process under the law nor
prohibits the respondent from normal access to the charges and evidence filed
against him as a part of due process under the law.
Section 40-63-110. The board may revoke, suspend, or otherwise restrict the
license of any social worker or reprimand or otherwise discipline him when it is
established that the license holder is guilty of misconduct as defined in this
chapter.
Misconduct, which constitutes grounds for revocation, suspension, or
restriction of a license, or limitation on, reprimand, or other discipline of a
social worker is a satisfactory showing to the board that:
( 1) any false, fraudulent, or forged statement or document has been used, or
any fraudulent, deceitful, or dishonest act has been practiced by the holder of
a license or certificate in connection with any of the license requirements;
( 2) the holder of a license has been convicted of a felony or any other crime
involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere
must be considered the equivalent of a conviction;
( 3) the holder of a license practiced social work while under either the
influence of alcohol or drugs to such a degree as to adversely affect his ability
to practice;
( 4) the holder of a license uses alcohol or drugs to such a degree as to
adversely affect his ability to practice social work;
( 5) the holder of a license has knowingly performed any act which in any way
assists a person to practice social work illegally;
( 6) the holder of a license has caused to be published or circulated directly
or indirectly any fraudulent, false, or misleading statements as to the skill or
methods of practice of any social work;
( 7) the holder of a license has failed to provide and maintain reasonable
sanitary facilities;
( 8) the holder of a license has sustained any physical or mental impairment
or disability which renders further practice by him dangerous to the public;
( 9) the holder of a license has violated the principles of ethics as adopted
by the board and published in its rules;
(10) the holder of a license is guilty of obtaining fees or assisting in
obtaining fees under deceptive, false, or fraudulent circumstances;
(11) the holder of a license is guilty of the use of any intentionally false
or fraudulent statement in any document connected with the practice of social
work;
(12) the holder of a license has been found by the board to lack the
professional competence to practice;
(13) the holder of a license has violated any provision of this chapter
regulating the practice of social work, or regulations issued pursuant to this
chapter;
(14) the holder of a license has been guilty of using a solicitor or peddlers,
cappers, or steerers to obtain patronage.
In addition to all other remedies and actions incorporated in this chapter, the
license of a social worker adjudged mentally incompetent by any court of proper
jurisdiction is automatically
suspended by the board until he is adjudged competent by a court of competent
jurisdiction.
Section 40-63-120. If the board is satisfied that the social worker is guilty
of any offense charged in the formal accusation provided for in this chapter, it
shall revoke, suspend, reprimand, or otherwise take any other reasonable action
short of revocation or suspension, such as requiring the licensee to undertake
additional professional training subject to the direction and supervision of the
board. The board also may impose such restraint upon the licensee as
circumstances warrant until the licensee demonstrates to the board adequate
professional competence. In all cases where disciplinary action is taken by the
board, written notice of the action must then be mailed by the secretary of the
board to the accused at his last known address as provided to the board.
Any final order of the board finding that a social worker 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 and
state professional associations, and all firms or facilities with which the
respondent is associated, states where the social worker has a license known to
the board, and to any other source that the board wishes to furnish this
information.
A decision by the board to revoke, suspend, or otherwise restrict the license
must be by majority vote and is subject to review pursuant to the provisions of
Article 3 of Chapter 23 of Title 1, the Administrative Procedures Act.
Section 40-63-130. Nothing in this chapter prevents:
(1) a person from practicing social work to whom the board has issued a
temporary license as defined in Section 40-63-140;
(2) any person licensed or registered to practice social work under the laws
of another state or any territory of the United States that imposes substantially
the same requirements as this chapter from practicing social work upon
satisfactory presentation of evidence of the license to the board;
(3) members of the clergy and licensed, registered, certified or qualified
professionals such as physicians, teachers, nurses, psychologists, and attorneys
from practicing their profession and delivering similar services within the scope
of their respective practices provided they do not hold themselves out to the
public by any title or description as being social workers as defined under this
section;
(4) employees of licensed hospitals in this State from performing services
commonly within the definition of social work 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 is
required to be licensed as a condition of employment by or performance of such
services;
(5) persons from rendering services that are the same as or similar to those
within the scope of practice provided for in this chapter so long as the provider
receives no remuneration from any source for the delivery of the service;
(6) students who are enrolled in recognized programs of study leading to
social work degrees from practicing social work under the supervision of any
social worker licensed under this chapter.
Section 40-63-140. The board may issue a temporary license to any person who
pays the temporary license fee as prescribed by regulation
by the board and:
(1) enters or agrees to enter into a course of study as prescribed by
regulation by the board;
(2) holds a bachelor of arts or bachelor of science degree from an accredited
college or university;
(3) is employed or is to be employed under the supervision of a licensed
social worker.
The temporary license is valid for one year and may be renewed only one time.
If a person who holds a temporary license under this section does not
successfully complete the course of study as prescribed by the board pursuant to
this section and does not successfully pass the board-prescribed examination
within two years from the date of initial issuance of the temporary license, the
permanent license must be denied by the board.
Section 40-63-150. No license fee, renewal fee, or reinstatement fee in excess
of fifty dollars may be established by the board."
Present members of board
SECTION 2. The present members of the State Board of Social Worker Registration
shall constitute the Board of Social Work Examiners on the effective date of this
act and continue to serve until their successors are appointed and qualify
pursuant to the provisions of this act. The lay member of the board must be
appointed to the Board of Social Work Examiners upon the expiration of the next
term of any of those persons presently serving and the present members must be
replaced in such a manner as to provide for staggered terms at the various levels
of licensing for social workers. Notwithstanding any other provision of this
act, present members of the Board of Social Work Registration who constitute the
Board of Social Work Examiners on the effective date of this act are eligible to
serve two full terms as members of the Board of Social Work Examiners.
Repeal
SECTION 3. Section 40-63-90 of the 1976 Code is repealed.
Time effective
SECTION 4. This act takes effect upon approval by the Governor. |