S*718 Session 112 (1997-1998)
S*0718(Rat #0408, Act #0396 of 1998) General Bill, By O'Dell
Similar(H 3820)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
40-55-55 SO AS TO PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE; TO ADD
SECTION 40-55-120 SO AS TO REQUIRE PSYCHOLOGISTS TO PROVIDE PATIENTS WITH A
STATEMENT OF THEIR RIGHTS AND PROCEDURES TO FILE A COMPLAINT; TO ADD SECTION
40-55-190 SO AS TO PROVIDE THAT NO HEALTH INSURER IS REQUIRED TO PROVIDE OR
PAY FOR SERVICES AUTHORIZED IN THIS CHAPTER; TO AMEND SECTION 40-55-50,
RELATING TO ACTS CONSTITUTING PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER
SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO AMEND SECTION 40-55-80, AS
AMENDED, RELATING TO PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO AS TO
REVISE AND FURTHER SPECIFY LICENSURE REQUIREMENTS INCLUDING REQUIRING A
DOCTORAL DEGREE IN PSYCHOLOGY AND REMOVING THE PROVISION THAT A LICENSE MAY BE
AWARDED WITHOUT EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO EXEMPTIONS
FROM PSYCHOLOGY LICENSURE, SO AS TO FURTHER SPECIFY AND CLARIFY THESE
EXEMPTIONS; AND TO AMEND SECTION 40-55-170, AS AMENDED, RELATING TO PENALTIES
FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE ACT SO AS TO CLARIFY THAT IT IS
UNLAWFUL FOR A PERSON TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN VIOLATION
OF CHAPTER 55, TITLE 40, TO INCREASE PENALTIES, AND TO REQUIRE THE BOARD TO
REFER POSSIBLE VIOLATIONS TO THE SOLICITOR, TO AMEND CHAPTER 75, TITLE 40,
RELATING TO PROFESSIONAL COUNSELORS AND MARITAL AND FAMILY THERAPISTS, SO AS
TO REVISE THIS CHAPTER TO CONFORM TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF
CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF
LABOR, LICENSING AND REGULATION, TO FURTHER PROVIDE FOR THE LICENSURE AND
REGULATION OF THESE COUNSELORS AND THERAPISTS, AND TO PROVIDE FOR THE
LICENSURE AND REGULATION OF PSYCHO-EDUCATIONAL SPECIALISTS.-AMENDED TITLE
04/30/97 Senate Introduced and read first time SJ-3
04/30/97 Senate Referred to Committee on Medical Affairs SJ-3
05/21/97 Senate Recalled from Committee on Medical Affairs SJ-7
05/22/97 Senate Recommitted to Committee on Medical Affairs SJ-73
04/22/98 Senate Committee report: Favorable with amendment
Medical Affairs SJ-7
04/29/98 Senate Read second time SJ-23
04/29/98 Senate Ordered to third reading with notice of
amendments SJ-23
04/30/98 Senate Amended SJ-34
04/30/98 Senate Read third time and sent to House SJ-34
05/05/98 House Introduced and read first time HJ-7
05/05/98 House Referred to Committee on Labor, Commerce and
Industry HJ-8
05/20/98 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-80
05/26/98 House Debate adjourned until Wednesday, May 27, 1998 HJ-22
05/27/98 House Requests for debate-Rep(s). Cotty,
Moody-Lawrence, J. Brown, Scott, McMahand,
Lloyd, Inabinett, Cato, Cobb-Hunter, Law,
Limehouse, Gourdine, Tripp, Sharpe, Beck, R.
Smith, J. Hines, Clyburn & Breeland HJ-30
05/28/98 House Requests for debate removed-Rep(s). J. Brown,
Limehouse, Cato, Scott, Law, McMahand,
Inabinett, Gourdine, Breeland, J. Hines,
Moody-Lawrence, Sharpe, Clyburn, R. Smith, Lloyd
& Tripp HJ-25
05/28/98 House Requests for debate-Rep(s). Knotts HJ-56
05/28/98 House Requests for debate removed-Rep(s). Beck HJ-56
05/28/98 House Amended HJ-57
05/28/98 House Read second time HJ-101
06/02/98 House Read third time and returned to Senate with
amendments HJ-14
06/03/98 Senate Concurred in House amendment and enrolled
06/04/98 Ratified R 408
06/11/98 Became law without Governor's signature
06/11/98 Effective date 07/01/98
06/25/98 Copies available
06/30/98 Act No. 396
(A396, R408, S718)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 40-55-55 SO AS TO
PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE;
TO ADD SECTION 40-55-120 SO AS TO REQUIRE
PSYCHOLOGISTS TO PROVIDE PATIENTS WITH A STATEMENT
OF THEIR RIGHTS AND PROCEDURES TO FILE A COMPLAINT;
TO ADD SECTION 40-55-190 SO AS TO PROVIDE THAT NO
HEALTH INSURER IS REQUIRED TO PROVIDE OR PAY FOR
SERVICES AUTHORIZED IN THIS CHAPTER; TO AMEND
SECTION 40-55-50, RELATING TO ACTS CONSTITUTING
PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER
SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO
AMEND SECTION 40-55-80, AS AMENDED, RELATING TO
PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO
AS TO REVISE AND FURTHER SPECIFY LICENSURE
REQUIREMENTS INCLUDING REQUIRING A DOCTORAL
DEGREE IN PSYCHOLOGY AND REMOVING THE PROVISION
THAT A LICENSE MAY BE AWARDED WITHOUT
EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO
EXEMPTIONS FROM PSYCHOLOGY LICENSURE, SO AS TO
FURTHER SPECIFY AND CLARIFY THESE EXEMPTIONS; TO
AMEND SECTION 40-55-170, AS AMENDED, RELATING TO
PENALTIES FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE
ACT, SO AS TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON
TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN
VIOLATION OF CHAPTER 55, TITLE 40, TO INCREASE
PENALTIES, AND TO REQUIRE THE BOARD TO REFER
POSSIBLE VIOLATIONS TO THE SOLICITOR; TO AMEND
CHAPTER 75, TITLE 40, RELATING TO PROFESSIONAL
COUNSELORS AND MARITAL AND FAMILY THERAPISTS, SO AS
TO REVISE THIS CHAPTER TO CONFORM TO THE STATUTORY
ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR
BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT
OF LABOR, LICENSING AND REGULATION, TO FURTHER
PROVIDE FOR THE LICENSURE AND REGULATION OF THESE
COUNSELORS AND THERAPISTS, AND TO PROVIDE FOR THE
LICENSURE AND REGULATION OF PSYCHO-EDUCATIONAL
SPECIALISTS.
Be it enacted by the General Assembly of the State of South Carolina:
License required to practice psychology
SECTION 1. The 1976 Code is amended by adding:
Section 40-55-55. It is unlawful for a person to engage in the practice
of psychology in this State without obtaining a license from the board,
except as otherwise authorized by this chapter.
Statement of rights and procedures for complaints
SECTION 2. The 1976 Code is amended by adding:
"Section 40-55-120. All psychologists subject to this chapter must
provide patients with a statement of their rights and procedures to file a
complaint as prescribed by the board."
Health insurer not required to provide or pay for services
SECTION 3. The 1976 Code is amended by adding:
"Section 40-55-190. Nothing in this chapter may be construed to
require a health maintenance organization, a self-funded plan, an accident
and health insurer, or any other third party payor to provide services or to
pay for services provided for in this chapter. If payment or
reimbursement for these services is provided by a health maintenance
organization, a self-funded plan, an accident and health insurer, or any
other third party payor, the provisions of Section 38-71-200 apply."
Practice of psychology
SECTION 4. Section 40-55-50 of the 1976 Code is amended to read:
"Section 40-55-50. (A) A person practices as a psychologist within
the meaning of this chapter when that person holds himself or herself out
as a psychologist or applies the principles, methods, or procedures of
psychology in the conduct of any of the following activities:
(1) Assessment of individual, family, or group behavioral,
emotional, and/or intellectual functioning for the purpose of one or more
of the following:
(a) diagnosing mental disorders;
(b) identifying psychological or neuropsychological aspects of
other dysfunctions, diseases, or disabilities;
(c) evaluating mental or emotional status including intelligence
and aptitude;
(d) identifying personality characteristics;
(e) identifying psychological factors influencing well-being;
(f) selecting, placing, or referring into treatments, programs, or
settings;
(g) evaluating the effectiveness of treatments, programs, or
settings;
(h) preventing mental disorders or maladaptive behavior related
to other dysfunction, disease, or disability.
For purposes of this section, 'assessment' refers to, but is not limited to,
one or more of the following practices insofar as they involve the
application of psychological principles, methods, or procedures:
observation, description, testing, appraisal, evaluation, screening, test
interpretation, interviewing, diagnosis of mental disorders,
neuropsychological testing, psychological testing or evaluation or
psycho-educational testing or evaluation, or a combination of any of these
for any of the purposes identified in this item.
(2) Engaging in a therapeutic relationship with an individual,
family, or group for the purpose of one or more of the following:
(a) improving the quality of mental health or social adjustment,
or both;
(b) reducing, preventing, modifying, or eliminating maladaptive
or undesired behaviors, cognitions, emotions, or psychological or physical
characteristics;
(c) treating diagnosed mental disorders, whether treatment is
focused on behavioral manifestations of the disorder, the environmental
context of the disorder, or underlying causal processes;
(d) improving individual performance;
(e) modifying cognitions, emotions, or behaviors, or a
combination of these, in order to influence psychological well-being;
(f) psychological research; or
(g) any combination of subitems (a) through (f).
For purposes of this section, a 'therapeutic relationship', except as
provided for in Section 40-55-90, refers to, but is not limited to, one or
more of the following practices insofar as they involve the application of
psychological principles, methods, or procedures: psychotherapy,
psychoanalysis, therapy, family therapy, marital therapy, couples therapy,
play therapy, counseling, rehabilitation, intervention, hypnotherapy,
biofeedback, behavior therapy, behavior modification, psychological
counseling, human potential psychology, vocational counseling, school
counseling, growth psychology, alcohol or substance abuse counseling,
or both, or remediation, or a combination of any of these for any of the
purposes identified in this item.
(3) Engaging in a psychological consulting relationship with an
individual organization, group or community, or a combination of these,
for the purpose of:
(a) designing or delivering psychological programs or services,
or both;
(b) evaluating psychological programs or services.
For purposes of this section a 'psychological consulting relationship'
refers to, but is not limited to, one or more of the following practices
insofar as they predominately involve the application of psychological
principles, methods, or procedures: consulting, intervention, program
evaluation, organizational psychology, environmental psychology,
community psychology, and experimental psychology.
(B) A person not otherwise exempt from this chapter is engaged in the
practice of psychology when performing any of the activities enumerated
in subsection (A), regardless of whether or not payment is received for the
services.
Specifically excluded from psychological practice within the meaning
of this chapter are the physical, chemical, and nonbehavioral aspects of
Chapter 47. Nothing in this chapter shall prohibit or limit a licensed
physician in the practice of his profession as provided by law.
(C) A person is deemed to be practicing as a psychologist within the
meaning of this chapter if the person engages in any of the activities
enumerated in subsection (A) electronically within this State including,
but not limited to, by means of the internet, phone lines, and personal
computer modems."
Licensure requirements
SECTION 5. Section 40-55-80 of the 1976 Code, as last amended by
Act 391 of 1994, is further amended to read:
"Section 40-55-80. To be licensed as a psychologist a person shall
make application to the Board of Examiners in Psychology upon forms
and in such manner as prescribed by the board. A candidate for licensure
shall furnish the board with:
(1) references of individuals having personal knowledge of the
candidate's professional experience and competency and the board may
not require more than three references unless there are mitigating
circumstances;
(2) satisfactory evidence that the candidate has obtained a doctoral
degree in psychology from:
(a) an institution of higher education that is:
(i) regionally accredited by an accrediting body recognized by
the United States Department of Education; or
(ii) authorized by provincial statute or royal charter to grant
doctoral degrees; and
(b) a program accredited by the American Psychological
Association or the Canadian Psychological Association or designated as
a psychology program by the designation committee of the National
Register of Health Service Providers in Psychology and the Association
of State and Provincial Psychology Boards (ASPPB); or
(c) an institution of higher education that is:
(i) regionally accredited by an accrediting body recognized by
the United States Department of Education; or
(ii) authorized by provincial statute or royal charter to grant
doctoral degrees; and
(d) a program that includes at least three years of full-time
graduate study not including predoctoral internship as specified in the
ASPPB Agreement of Reciprocity and includes instruction in the
scientific and professional subject areas specified by the ASPPB
Agreement of Reciprocity. Competence must be demonstrated by
appropriate course work in each content area as determined by the Board
of Examiners in Psychology;
(3) satisfactory evidence that the candidate is competent in
psychology as shown by passing written and oral examinations as
required by the board;
(4) satisfactory evidence that the candidate has completed two years
of supervised experience as approved by the board and specified in the
ASPPB Agreement of Reciprocity;
(5) satisfactory evidence that the candidate has not engaged in
unethical practices;
(6) satisfactory evidence that the candidate has not within the
preceding six months failed an examination given by the board;
(7) a copy of a criminal history record if the applicant has been
convicted or plead guilty or nolo contendere to any criminal offense
excluding traffic violations; and
(8) documentation of any disciplinary action taken against the
applicant while the applicant was participating in a psychology internship
program or other psychology-related training program, or during previous
psychology-related employment."
Exemptions from licensure
SECTION 6. Section 40-55-90 of the 1976 Code is amended to read:
"Section 40-55-90. (A) This chapter does not require these persons
to obtain a license pursuant to this chapter:
(1) a licensed member of another profession who is regulated by the
Department of Labor, Licensing and Regulation and who is rendering
services of a psychological nature, if the person:
(a) is acting within the scope of practice, as set out by the law
regulating the practice;
(b) acts in a manner consistent with the code of ethics of the
respective profession; and
(c) does not represent himself to be a psychologist or his services
to be psychological;
(2) a member of the clergy of an organized religious society or
denomination functioning in a ministerial capacity, if the person does not
represent himself to be a psychologist or his services to be psychological;
(3) a matriculated intern or student, enrolled in a recognized
training program engaging in activities defined as the practice of
psychology if the intern or student does not represent himself by the title
of 'psychologist'; however, the intern or student may refer to himself as
'psychology-trainee', 'psychology-intern', or 'psychology-resident', if
performing activities under the supervision of a psychologist licensed in
this State, in accordance with regulations promulgated by the board;
(4) an individual pursuing board approved postdoctoral training or
experience in professional psychology who is performing appropriately
supervised activities;
(5) a person certified as a school psychologist by the South Carolina
Department of Education if the person's practice is restricted to regularly
salaried employment within a setting under the purview of the South
Carolina Department of Education and as specified by the terms of
employment. This person may not describe himself or his services by any
title or description which states or implies that the person holds a license
as otherwise required by this chapter;
(6) a person certified as a school psychologist by the South Carolina
Department of Education who provides contract services of a
psychological nature to public schools or private schools or any federal
or state agency as authorized by the certification. This person may not
describe himself or his services by any title or description which states or
implies that the person holds a license as otherwise required by this
chapter;
(7) a person certified as a school guidance counselor or social
worker by the South Carolina Department of Education who provides
counseling services or school social work services consistent with the
person's certification and training and as specified by the terms of
employment. Such practice is restricted to regularly salaried employment
within a setting under the purview of the South Carolina Department of
Education. This person may not describe himself or his services by any
title or description which states or implies that the person holds a license
as otherwise required by this chapter;
(8) a person employed by a private school as a guidance counselor
or social worker who provides services consistent with the person's
training. This person may not describe himself or his services by any title
or description which states or implies that the person holds a license as
otherwise required by this chapter;
(9) a government employee of this State or a federal government
employee providing services of a psychological nature within the scope
of employment. This person may not describe himself or his services by
any title or description which states or implies that the person holds a
license as otherwise required by this chapter;
(10) a South Carolina Department of Alcohol and Other Drug Abuse
Services employee who:
(a) holds a certification credential from the South Carolina
Association of Alcohol and Drug Abuse Counselors or is a counselor in
the process of obtaining such a credential who is currently under the
supervision of a South Carolina Association of Alcohol and Drug Abuse
Counselors' certified counselor;
(b) is employed in a position that is directly or indirectly funded
through the South Carolina Department of Alcohol and Other Drug Abuse
Services or its local contract providers; and
(c) provides services of a psychological nature within the scope
of his or her employment but does not in any way describe himself or
herself or his or her services by any title or description which states or
implies that he or she holds a license as otherwise required by this
chapter;
(11) a college student personnel counselor in an accredited college
or university performing services consistent with the person's training and
occupational role in the institution. This person may not describe himself
or his services by any title or description which states or implies that the
person holds a license as otherwise required by this chapter;
(12) an individual including, but not limited to, an educator, day care
provider, hospital worker, member of a police or fire department, or other
community worker providing, within the person's normal scope of
employment, emotional support, guidance, nurturance, or crisis
management intervention to persons in need;
(13) a person employed by any entity whose professional
employment is funded through an agency of the State and who provides
services of a psychological nature within the scope of employment if the
person does not describe himself or his services by any title or description
which states or implies that the person holds a license as otherwise
required by this chapter;
(14) a registered nurse.
(B) Nothing in this chapter is intended to prevent an individual from
providing, on a voluntary basis, emotional support, nurturance, or crisis
management intervention to persons in need.
(C) This chapter is for the regulation of the practice of psychology
only and does not prevent human resource professionals, business
consultants, and other persons from providing advice and counseling in
their organizations or affiliated groups or to their companies and
employees of their companies or from engaging in activities performed in
the course of their employment."
Violations; penalties; injunctions
SECTION 7. Section 40-55-170 of the 1976 Code, as last amended by
Act 391 of 1994, is further amended to read:
"Section 40-55-170. (A) A person who practices or offers to practice
psychology without being licensed as required by this chapter is guilty of
a felony and, upon conviction, must be fined not more than fifty thousand
dollars or imprisoned not more than one year. Upon reasonable
investigation, the board shall refer all complaints which involve possible
criminal violations of this chapter to the solicitor in the county where the
violation occurred. A resident of the county in which a violation occurred
may initiate injunction procedures to prevent the violation from
continuing.
(B) Pursuant to Section 40-1-210, the board may in its own name
maintain a suit for an injunction against a person who violates a provision
of this chapter. The suit must be commenced and prosecuted before an
administrative law judge as provided under Article 5, Chapter 23, Title 1.
An injunction may be issued without proof of actual damage sustained by
a person. An injunction may be issued in addition to any other sanctions
provided for in this chapter and the injunction does not relieve a person
from criminal prosecution as provided for in subsection (A). The South
Carolina Department of Labor, Licensing and Regulation shall, if
requested by the board, represent the board in connection with legal
proceedings undertaken pursuant to this chapter."
Chapter revised
SECTION 8. Chapter 75, Title 40 of the 1976 Code is amended to
read:
"CHAPTER 75
Licensed Professional Counselors,
Marriage and Family Therapists,
and Psycho-educational Specialists
Article 1
Professional Counselors and
Marriage and Family Therapists
Section 40-75-5. Unless otherwise provided for in this chapter,
Article 1, Chapter 1 of Title 40 applies to licensed professional
counselors, marriage and family therapists, and psycho-educational
specialists regulated by the Department of Labor, Licensing and
Regulation. If there is a conflict between this chapter and Article 1,
Chapter 1 of Title 40, the provisions of this chapter control.
Section 40-75-10. (A) There is created the Board of Examiners for the
Licensure of Professional Counselors, Marriage and Family Therapists,
and Psycho-educational Specialists composed of nine members appointed
by the Governor. Of the nine members, six must be professional
members, one from each congressional district in the State. Of the
professional members, three must be licensed professional counselors, one
of whom must be a certified addictions counselor, and three must be
marriage and family therapists. One member must be a
psycho-educational specialist. The remaining two members must be at
large from the general public and must not be associated with, or
financially interested in, the practice of professional counseling, marriage
and family therapy, or psycho-educational services.
(B) The membership must be representative of race, ethnicity, and
gender. The six professional members and the licensed
psycho-educational specialist must have been actively engaged in the
practice of their respective professions or in the education and training of
professional counselors, marriage and family therapists, or
psycho-educational specialists for at least five years prior to appointment.
Members may be licensed as a licensed professional counselor and a
marriage and family therapist. Members are eligible for reappointment.
Vacancies must be filled in the same manner as the original appointment
for the unexpired portion of the term. Each member shall receive per
diem, subsistence, and mileage as allowed by law for members of state
boards, commissions, and committees for each day actually engaged in
the duties of the office, including a reasonable number of days, as
determined by board regulation, for preparation and reviewing of
applications and examinations in addition to time actually spent in
conducting examinations.
Section 40-75-20. As used in this article:
(1) 'Alcohol and drug counseling services' means those services
offered for a fee as part of the treatment and rehabilitation of persons
abusing or dependent upon or affected by alcohol or other drugs and of
persons at risk of abusing alcohol or other drugs. The purpose of alcohol
and drug counseling services is to help individuals, families, and groups
to confront and resolve problems caused by the abuse or dependence upon
alcohol or drugs.
(2) 'Approved supervisor' means a licensee who has met the
requirements for approval as a professional counselor supervisor or
marriage and family therapy supervisor, as provided in regulation.
(3) 'Assessment' in the practice of counseling and therapy means
selecting, administering, scoring, and interpreting evaluative or
standardized instruments; assessing, diagnosing, and treating, using
standard diagnostic nomenclature, a client's attitudes, abilities,
achievements, interests, personal characteristics, disabilities, and mental,
emotional, and behavioral problems that are typical of the developmental
life cycle; and the use of methods and techniques for understanding
human behavior in relation to, coping with, adapting to, or changing life
situations. A counselor may assess more serious problems as categorized
in standard diagnostic nomenclature but only if the counselor has been
specifically trained to assess and treat that particular problem. If a client
presents with a problem which is beyond the counselor's training and
competence, the counselor must refer that problem to a licensed
professional who has been specifically trained to diagnose and treat the
presenting problem. In all cases, ethical guidelines as established by the
board must be followed.
(4) 'Board' means the South Carolina Board of Licensed
Professional Counselors and Marriage and Family Therapists.
(5) 'Client' means a person or patient, whether an individual or a
member of a group, a group, an agency or an organization, who receives
in an office setting any treatment or service that falls within the scope of
practice of a Licensed Professional Counselor or a Marriage and Family
Therapist.
(6) 'Consulting' means the application of scientific principles and
procedures in counseling and human development to provide assistance
in understanding and solving current or potential problems that the client
may have in relation to a third party, individuals, groups, and
organizations.
(7) 'Director' means the Director of the Department of Labor,
Licensing and Regulation.
(8) 'Federally assisted program' means a program directly funded
by the federal government, operated by the federal government, certified
for Medicaid reimbursement, receiving federal block grant funds through
a state or local government, licensed by the federal government, or
exempt from paying taxes under a provision of the federal Internal
Revenue Code.
(9) 'Intern' means an individual who has met the requirements for
licensure as a professional counselor intern or a marriage and family
therapy intern under this article and has been issued a license by the
board.
(10) 'License' means an authorization to practice counseling or
marriage and family therapy issued by the board pursuant to this article
and includes an authorization to practice as a professional counselor intern
or marriage and family therapy intern.
(11) 'Licensee' means an individual who has met the requirements for
licensure under this article and has been issued a license to practice as a
professional counselor or professional counselor intern or a marriage and
family therapist or marriage and family therapy intern.
(12) 'Licensed professional counselor' means an individual who
practices professional counseling.
(13) 'Marriage and family therapy' means the assessment and
treatment of mental and emotional disorders, whether cognitive, affective,
or behavioral, within the context of marriage and family systems.
Marriage and family therapy involves the application of
psycho-therapeutic and family systems theories and techniques in the
delivery of services to individuals, couples, and families for the purpose
of treating diagnosed emotional, mental, behavioral, or addictive
disorders.
(14) 'Person' means an individual, organization, or corporation,
except that only individuals can be licensed under this article.
(15) 'Practice of marriage and family therapy' means the rendering
of marriage and family therapy services to individuals, couples, and
families, singly or in groups, whether these services are offered directly
to the general public or through organizations, either public or private.
(16) 'Practice of professional counseling' means functioning as a
psycho-therapist and may include, but is not limited to, providing
individual therapy, family counseling, group therapy, marital counseling,
play therapy, couples counseling, chemical abuse or dependency
counseling, vocational counseling, school counseling, rehabilitation
counseling, intervention, human growth and development counseling,
behavioral modification counseling, and hypnotherapy. The practice of
professional counseling may include assessment, crisis intervention,
guidance and counseling to facilitate normal growth and development,
including educational and career development; utilization of functional
assessment and counseling for persons requesting assistance in adjustment
to a disability or handicapping condition; and consultation and research.
The use of specific methods, techniques, or modalities within the practice
of licensed professional counseling is restricted to professional counselors
appropriately trained in the use of these methods, techniques, or
modalities.
(17) 'Referral' means evaluating and identifying needs of a client to
determine the advisability of referral to other specialists, informing the
client of this determination, and communicating as requested or
considered appropriate with these referral sources.
(18) 'Supervision' means the supervision of clinical services in
accordance with standards established by the board under the supervision
of an approved supervisor.
Section 40-75-30. (A) It is unlawful for a person to practice as a
professional counselor or a marriage and family therapist as defined
within this article in this State without being licensed in accordance with
this article. A professional counselor intern may practice only under the
direct supervision of a licensed professional counselor supervisor. A
marriage and family therapy intern may practice only under the direct
supervision of a licensed marriage and family therapist supervisor, as
approved by the board.
(B) A person is guilty of practicing without a license if the person
represents himself or herself to be a marriage and family therapist by the
use of any title or description of services which incorporates the words
'licensed marital and family therapist', 'licensed marriage and family
therapist', 'marital and family therapist', 'marriage and family therapist', or
'marriage and family counselor' to describe a function or service
performed without being licensed by the board. However, members of
other professions licensed in this State including, but not limited to,
attorneys, physicians, psychologists, registered nurses, or social workers
performing duties consistent with the laws of this State, their training, and
any code of ethics of their profession are not considered to be practicing
without a license if they do not represent themselves as being licensed
pursuant to this article.
(C) A person is guilty of practicing without a license if the person
represents himself or herself to be a professional counselor by the use of
any title or description of services which incorporates the words 'licensed
professional counselor', 'professional counselor', or 'licensed counselor'
without being licensed by the board. However, members of other
professions licensed in this State including, but not limited to, attorneys,
physicians, psychologists, registered nurses, or social workers performing
duties consistent with the laws of this State, their training, and any code
of ethics of their professions are not considered to be practicing without
a license if they do not represent themselves as being licensed pursuant to
this article.
(D) A person may not represent or advertise himself or herself as an
addictions counselor without being certified by the South Carolina
Association of Alcoholism and Drug Abuse Counselors Certification
Commission or the National Association of Alcoholism and Drug Abuse
Counselors Certification Commission or comparable certification issued
through an international Certification Reciprocity Consortium/Alcohol
and Other Drug Abuse approved certification board or comparable
certification issued through a certification board that has been approved
by the South Carolina Association of Alcoholism and Drug Abuse
Counselors Certification Commission.
(E) A licensed professional counselor or a licensed marital and family
therapist may not use the title of 'psycho-therapist'.
Section 40-75-40. Board members from the general public may be
nominated by an individual, group, or association and must be appointed
by the Governor in accordance with Section 40-1-45. In case of a
vacancy on the board, the chair, with the consent of a majority of the
sitting board members, may appoint a temporary replacement for the
vacated seat. The replacement shall serve until the Governor appoints a
replacement for the vacated seat and the appointee qualifies. In all cases,
the replacement appointed must fill the same professional or consumer
capacity as the predecessor in office held.
Section 40-75-50. (A) In addition to the powers and duties
enumerated in Section 40-1-50, the board shall, at the first board meeting
in each calendar year elect from the professional membership a president,
a vice president, and any other officer it considers necessary. Regular
meetings must be held upon the call of the president or any two members
of the board. A majority of the members of the board constitutes a
quorum.
(B)(1) The board shall establish the following standards committees:
(a) A licensed professional counselor standards committee
composed of a minimum of two professional board members who are
licensed professional counselors, one of whom must be a certified
addictions counselor, and one member from the general public. The
committee shall review and recommend the standards for professional
counselors to the board.
(b) A marriage and family therapy standards committee
composed of a minimum of two professional board members who are
licensed marriage and family therapists and a member from the general
public. The committee shall review and recommend the standards for
marriage and family therapists to the board.
(2) Each standards committee shall:
(a) determine whether applicants meet the qualifications for
licensure required by law;
(b) prepare or select, administer, and arrange for the grading of
the examination;
(c) recommend to the board the issuance of a license to any
qualified applicant who passes the examination designed to demonstrate
professional competence;
(d) provide for other necessary matters relating to licensure.
(3) The board by majority vote shall approve all recommendations
and decisions of a standards committee prior to implementation. No
decision of the board which may affect the licensure of professional
counselors or marriage and family therapists may become effective
without a majority vote of the board.
Section 40-75-60. The board may adopt rules governing its
proceedings and internal operations, and may promulgate regulations
necessary to carry out the provisions of this chapter.
Section 40-75-70. In addition to the powers and duties provided in this
chapter, the board has those powers and duties set forth in Section
40-1-70.
Section 40-75-80. For the purpose of conducting an investigation or
proceeding under this chapter, the board or a person designated by the
board may subpoena witnesses, take evidence, and require the production
of any documents or records which the board considers relevant to the
inquiry.
Section 40-75-90. (A) The board may receive complaints by any
person against a licensee and may require the complaints to be submitted
in writing specifying the exact charge or charges and to be signed by the
complainant. Upon receipt of a complaint, the board administrator shall
refer the complaint to a designated investigator of the South Carolina
Department of Labor, Licensing and Regulation, who shall investigate the
allegations in the complaint and make a report to the board concerning the
investigation. If the board desires to proceed further, it may file a formal
accusation charging the licensee with a violation of this chapter or a
regulation promulgated pursuant to 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 administrator 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 the 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.
(B) The accused has the right to be present and present evidence and
argument on all issues involved, to present and to cross-examine
witnesses, and to be represented by counsel, at the accused's expense. For
the purpose 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,
except as hereinafter provided.
(C) 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.
(D) No person connected with any complaint, investigation, or other
proceeding before the board, including, but not limited to, any witness,
counsel, counsel's secretary, board member, board employee, court
reporter, or investigator may mention the existence of the complaint,
investigation, or other proceeding or disclose any information pertaining
to the complaint, investigation, or proceeding, except to persons involved
and having a direct interest in the complaint, investigation, or other
proceeding and then only to the extent necessary for the proper
disposition of the complaint, investigation, or other proceeding.
However, if the board receives information in any complaint,
investigation, or other proceeding before it indicating a violation of a state
or federal law, the board may provide that information, to the extent the
board considers necessary, to the appropriate state or federal law
enforcement agency or regulatory body. Nothing contained in this section
may be construed so as to prevent the board from making public a copy
of its final order in any proceeding, as authorized or required by law.
Section 40-75-100. (A) In addition to other remedies provided for
in this chapter or Chapter 1 of Title 40, the board in accordance with
Section 40-1-100 may issue a cease and desist order or may petition an
administrative law judge for a temporary restraining order or other
equitable relief to enjoin a violation of this chapter or a regulation
promulgated under this chapter.
(B) If the board has reason to believe that a person is violating or
intends to violate a provision of this chapter or a regulation promulgated
under this chapter, it may, in addition to all other remedies, order the
person to desist immediately and refrain from the conduct. The board
may apply to an administrative law judge for an injunction restraining the
person from the conduct. The judge may issue a temporary injunction ex
parte not to exceed ten days 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 the judge as a condition to the issuance of an
injunction or order contemplated by the provisions of this section.
Section 40-75-110. (A) The board may revoke, suspend, publicly or
privately reprimand, or restrict a licensee or otherwise discipline a
licensee when it is established to the satisfaction of the board that a
licensee has:
(1) uttered a false or fraudulent statement or forged a statement or
document or committed or practiced a fraudulent, deceitful, or dishonest
act in connection with license requirements;
(2) been convicted of a felony or other crime involving moral
turpitude. Forfeiture of a bond or a plea of nolo contendere is the
equivalent of a conviction;
(3) violated a regulation, directive, or order of the board;
(4) knowingly performed an act which substantially assists a person
to practice counseling or marriage and family therapy illegally;
(5) caused to be published or circulated directly or indirectly
fraudulent, false, or misleading statements as to the skills or methods or
practice of a license holder when malice is shown;
(6) failed to provide and maintain reasonable sanitary facilities;
(7) sustained physical or mental impairment or disability which
renders practice dangerous to the public;
(8) violated the code of ethics adopted by the board in regulations;
(9) obtained fees or assisted in obtaining fees under deceptive, false,
or fraudulent circumstances;
(10) used an intentionally false or fraudulent statement in a document
connected with the practice of professional counseling or marriage and
family therapy;
(11) been found by the board to lack the professional competence to
practice;
(12) practiced during the time his license has lapsed or been
suspended or revoked;
(13) practiced the profession or occupation while under the
influence of alcohol or drugs or uses alcohol or drugs to such a degree as
to render him unfit to practice his profession or occupation.
(B) In addition to other remedies and actions incorporated in this
chapter, the license of a licensee adjudged mentally incompetent by a
court of competent jurisdiction must be suspended automatically by the
board until the licensee is adjudged competent by a court of competent
jurisdiction.
Section 40-75-120. Upon a determination by the board that one or
more of the grounds for discipline of a licensee exists, as provided for in
Section 40-75-110 or 40-1-110, the board may impose sanctions as
provided in Section 40-1-120, including imposing a fine of not more than
one thousand dollars for each violation.
Section 40-75-130. As provided for in Section 40-1-130, the board
may deny licensure to an applicant based on the same grounds for which
the board may take disciplinary action against a licensee.
Section 40-75-140. A license may not be denied based solely on a
person's prior criminal record as provided for in Section 40-1-140.
Section 40-75-150. A licensee under investigation for a violation of
this chapter or a regulation promulgated under this chapter may
voluntarily surrender the license in accordance with Section 40-1-150.
Section 40-75-160. A person aggrieved by a final action of the board
may seek review of the decision in accordance with Section 40-1-160.
Section 40-75-170. A person found in violation of this chapter or a
regulation promulgated under this chapter may be required to pay costs
associated with the investigation and prosecution of the case in
accordance with Section 40-1-170.
Section 40-75-180. All costs and fines imposed pursuant to this
chapter must be paid in accordance with and are subject to the collection
and enforcement provisions of Section 40-1-180.
Section 40-75-190. (A) No person licensed under this chapter, and
no person's employees or associates, shall disclose any information which
he or she may have acquired during the course of treatment, except in
these instances:
(1) as mandated by Section 20-7-510, requiring certain
professionals to report suspected child abuse and neglect and Section
43-35-85, requiring certain professionals to report suspected abuse,
neglect, or exploitation of a vulnerable adult;
(2) to prevent a clear and immediate danger to a person or persons;
(3) if the licensee is a defendant in a civil, criminal, or disciplinary
action arising from the course of treatment, in which case confidences
may be disclosed only in the course of that action;
(4) if the client is a party in a criminal or civil proceeding, including
a commitment proceeding;
(5) if a client introduces his mental condition as an element of a
claim or defense;
(6) if there is a waiver of confidentiality previously obtained in
writing, this information may be revealed only in accordance with the
terms of the waiver. In circumstances where more than one person in a
family receives treatment conjointly, each family member who is legally
competent to execute a waiver must agree to the waiver referred to in this
item. Without a waiver from each family member legally competent to
execute a waiver, no confidences may be disclosed.
(B) All communications between clients and their licensed
professional counselor or marriage and family therapist are considered
privileged as provided in Section 19-11-95, protecting confidences
between patients of mental illness or emotional condition and licensees
under this chapter, and as provided in Section 19-11-100, providing
limited protection for persons engaged in the gathering of information for
journalistic or literary purposes. Additionally, a licensed professional
counselor or a licensed marital and family therapist must maintain
privileged communications and patient confidentiality as required of
psycho-therapists. All records of treatments maintained by a licensed
professional counselor or marriage and family therapist are confidential
and must not be disclosed except under the circumstances provided for in
this subsection.
(C) A person licensed under this chapter must comply with all
applicable state and federal confidentiality laws. A person licensed under
this chapter who is employed by, or serves as part of a federally assisted
program as defined in the Public Health Service Act, Title 42, Code of
Federal Regulation, Part 2 may not release the identity of any person in
alcohol or drug abuse treatment except as provided in the Public Health
Service Act, Title 42, Code of Federal Regulation.
Section 40-75-200. (A) A person who practices or offers to practice
as a counselor or therapist in this State in violation of this chapter or a
regulation promulgated under this chapter or who knowingly submits
false information to the board for the purpose of obtaining a license is
guilty of a misdemeanor and, upon conviction, must be fined not more
than one thousand dollars or imprisoned for not more than six months, or
both.
(B) A person violating any other provision of this chapter or a
regulation promulgated under this chapter is guilty of a misdemeanor and,
upon conviction, must be fined not more than one thousand dollars or
imprisoned for not more than six months, or both.
Section 40-75-210. In addition to initiating a criminal proceeding for
a violation of this chapter, the board may seek civil penalties and
injunctive relief in accordance with Section 40-1-210.
Section 40-75-220. To be licensed by the board as a professional
counselor or marriage and family therapist, an individual must:
(1) pay the appropriate fees and pass an examination approved by the
board;
(2) complete forms prescribed by the board;
(3) successfully complete a minimum of forty-eight graduate semester
hours during a master's degree or higher degree program and have been
awarded a graduate degree as provided in regulation. All course work,
including any additional core coursework, must be taken at a college or
university accredited by the Commission on the Colleges of the Southern
Association of Colleges and Schools, one of its transferring regional
associations, the Association of Theological Schools in the United States
and Canada, or a post-degree program accredited by the Commission on
Accreditation for Marriage and Family Therapy Education or a regionally
accredited institution of higher learning subsequent to receiving the
graduate degree.
Section 40-75-230. To be licensed as a counselor supervisor or
marriage and family therapist supervisor, an individual must:
(1) be licensed in South Carolina in the discipline for which the
supervisor license is sought;
(2) have been in the practice of counseling or marriage and family
therapy for at least five years;
(3) have met the additional requirements prescribed by the board in
regulation.
Section 40-75-240. A professional counselor intern or marriage and
family therapy intern license must be issued to an applicant who has
satisfied the educational requirements, as specified by the board in
regulation, for licensure but who has not yet completed the supervision or
experience requirements and has passed the examination required for
licensure. An intern who has not completed the requirements for
licensure within two years may apply to the board for an extension.
Section 40-75-250. (A) If an applicant satisfies all licensure
requirements as provided for in this article, the board may issue a license
to the applicant. A license is a personal right and not transferable, and the
issuance of a license is evidence that the person is entitled to all rights and
privileges of a licensed professional counselor or a marriage and family
therapist, or of an intern, while the license remains current and
unrestricted. However, the license is the property of the State and upon
suspension or revocation immediately must be returned to the board.
(B) A person licensed under this chapter must display the license in a
prominent and conspicuous place in the primary place of practice.
(C) Licenses issued under this chapter must be renewed every two
years upon the payment of a renewal fee and upon the fulfillment of
continuing education as determined by the board in regulation.
(D) A licensee who allows the license to lapse by failing to renew the
license as provided in this section may be reinstated by the board upon
payment of a reinstatement fee and the current renewal fee. The board,
by regulation, may impose additional requirements for reinstatement.
Section 40-75-260. (A) The board may enter into a reciprocal
agreement with any state that credentials professional counselors and
marriage and family therapists if the board finds that the state has
substantially the same or higher licensure requirements.
(B)(1) The board may license an individual who is currently
credentialed or meets the requirements of a licensed professional
counselor or a licensed marriage and family therapist in another
jurisdiction of the United States if the individual has met the same or
higher requirements.
(2) The board shall delineate in regulation procedures for verifying
an applicant's credentials from another jurisdiction.
(3) The board may not license an applicant who is under
investigation in this or another jurisdiction for an act that would constitute
a violation of this chapter until the investigation is complete. When
deciding a case, the board shall determine what, if any, rules or discipline
apply.
(C) The board may grant a license to practice professional counseling
or marriage and family therapy to an applicant who has completed an
educational program in a college or university in a foreign country if the
applicant:
(1) meets all requirements of this article; and
(2) demonstrates to the satisfaction of the board that the applicant's
experience, command of the English language, and completed academic
program meet the standards of a relevant academic program of an
accredited educational institution within the United States. If the
requirements of this item are met, the applicant must be considered to
have received the education from an accredited educational institution as
required by this article.
Section 40-75-270. A 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 area of specialization.
The professional disclosure statement shall also explicitly denote that
sexual intimacy between a practitioner and a client is prohibited.
Section 40-75-280. The board may promulgate regulations setting
forth a code of ethics for licensees and shall establish regulations
pertaining to treatment for impaired practitioners.
Section 40-75-285. This article is for the regulation of the practice of
licensed professional counselors and marriage and family therapists only
and does not prevent human resource professionals, business consultants,
and other persons from providing advice and counseling in their
organizations or affiliated groups or to their companies and employees of
their companies or from engaging in activities performed in the course of
their employment.
Section 40-75-290. This article does not apply to:
(1) salaried employees performing duties for which they were trained
and hired solely within a federal, state, county, or local:
(a) governmental agency;
(b) licensed mental health or alcohol or drug abuse facility;
(c) accredited academic institutions;
(d) licensed, formally accredited nonprofit agencies; or
(e) research institutions.
(2) persons pursuing a course of study in a regionally accredited
educational or training facility as a formal part of a process to obtain a
license associated with this article, if the services constitute a part of a
supervised course of study;
(3) nonresidents, appropriately licensed or credentialed in their home
state, who offer services within this State, if these services are performed
for no more than five days a month, and no more than thirty days in any
calendar year;
(4) volunteers accountable to a sponsoring agency;
(5) qualified members of other professionals licensed in this State
including, but not limited to, attorneys, physicians, psychologists,
registered nurses, or social workers performing duties consistent with the
laws of this State, their training, and any code of ethics of their profession
if they do not represent themselves as being licensed pursuant to this
article;
(6) a minister, priest, rabbi, or clergy person of any religious
denomination or sect, when the activities are within the scope of
performance of his or her regular or specialized ministerial duties, and no
fee is received by him or her; or when these activities are performed, with
or without compensation, by a person under the auspices or sponsorship
of an established church, denomination, or sect and when the person
rendering services remains accountable to the established authority and
does not hold himself or herself out to the public as possessing a license
issued pursuant to this article;
(7) members of peer groups or self-help groups when engaging in or
offering self-help assistance as part of peer support groups or self-help
organizations including, but not limited to, Alcoholics Anonymous (AA)
or Narcotics Anonymous (NA), AA or NA sponsorship, or other
uncompensated alcohol or other drug abuse or dependent services;
(8) a person who holds a certification as an addictions counselor from
the South Carolina Association of Alcoholism and Drug Abuse Counselor
Certification Commission, the National Association of Alcoholism and
Drug Abuse Counselor Certification Commission, or an International
Certification Reciprocity Consortium approved certification board may
perform alcohol and drug abuse counseling services if that person works
under the direct supervision of a behavioral health professional who is
employed in a position that is directly or indirectly funded through the
South Carolina Department of Alcohol and Other Drug Abuse Services
or its local contract provider programs; and
(9) a person who holds a certification as an addictions counselor from
the South Carolina Association of Alcoholism and Drug Abuse Counselor
Certification Commission, the National Association of Alcoholism and
Drug Abuse Counselor Certification, an International Certification
Reciprocity Commission approved certification board, the American
Academy of Health Care Providers in the Addictive Disorders, the
National Board for Certified Counselors, Inc., or any other equivalent,
nationally recognized, and South Carolina Department of Alcohol and
Other Drug Abuse Services approved association or accrediting body that
includes similar competency-based testing, supervision, education, and
substantial experience may perform alcohol and drug abuse counseling
services in a methadone treatment facility. Persons employed in a
methadone treatment facility who lack credentialing may work under the
supervision of a credentialed counselor if the person is also enrolled in,
and progressing toward, a certification, as referenced in this item, and
may not represent or advertise himself as a licensed professional
counselor or a licensed marriage and family therapist.
Section 40-75-295. Nothing in this article may be construed to
require a health maintenance organization, a self-funded plan, an accident
and health insurer, or any other third party payor to provide services or to
pay for services provided for in this chapter.
Section 40-75-300. The board shall establish licensure for alcohol
and drug counselors consistent with regulations promulgated by the
department and the South Carolina Department of Alcohol and Other
Drug Abuse Services.
Section 40-75-310. If a provision of this chapter or the application of
a provision to a person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this chapter which can be
given effect without the invalid provision or application and, to this end,
the provisions of this chapter are severable.
Article 3
Psycho-educational Specialists
Section 40-75-510. The Board of Examiners for the Licensure of
Professional Counselors, Marriage and Family Therapists, and
Psycho-educational Specialists shall administer the provisions of this
article and is the sole authority for issuing licenses pursuant to this article.
Section 40-75-520. (A) The practice of a licensed
psycho-educational specialist is the utilization of a unique blend of
training, incorporating skills and knowledge of psychology and education,
to provide services addressing the educational, personal, and social needs
of children and adolescents through assessment, intervention,
consultation, counseling, information and referral, planning, training, and
supervision in return for compensation. The practice of a licensed
psycho-educational specialist includes:
(1) conducting psycho-educational assessments of individual needs
using formal and informal psycho-educational measurement techniques
including standardized measures of intelligence, aptitude, achievement,
skills, development, personality traits, personal and social adjustment,
interests, functional assessment, direct observation, interviews with
parents, teachers, and other professionals, family histories, ecological
data, criterion referenced measures, and curriculum-based assessment;
(2) interpreting assessment data and design and, when appropriate,
providing interventions as indicated by the information;
(3) participating in instructional support and intervention teams;
(4) providing group and individual educational counseling for
problems of learning, school adjustment, and academic performance;
(5) evaluating information and determining the need for referral to
appropriate specialists and supportive services;
(6) providing consultation to clients, parents, teachers, school
administrators, school systems, and professional colleagues;
(7) assisting in designing, planning, and developing instructional
programs and curriculum;
(8) supervising the work of other licensed psycho-educational
specialists.
(B) Whenever important aspects of a case fall outside the licensed
psycho-educational specialist's competence, the specialist must obtain
appropriate consultations and referrals. A licensed psycho-educational
specialist must not attempt to diagnose, prescribe for, treat, or advise a
client with reference to a complaint which is outside the scope of practice
as provided for in this article.
(C) A licensed psycho-educational specialist employed by a school
district may provide private sector services to students living within that
district if the:
(1) parent, guardian, surrogate, or adult client is informed in
writing, before services are provided, of the individual's eligibility for free
services of the same kind from the school district;
(2) client is not a student assigned to any school to which the
licensed psycho-educational specialist is assigned;
(3) parent, guardian, surrogate, or adult client is informed that the
licensed psycho-educational specialist may not function as an independent
evaluator;
(4) licensed psycho-educational specialist does not provide private
sector services during hours of contracted employment with a school
district;
(5) licensed psycho-educational specialist does not use his or her
position within a school district to offer or promote private sector
services;
(6) licensed psycho-educational specialist does not utilize tests,
materials, or services belonging to the school district in providing private
sector services.
(D) School districts employing licensed psycho-educational specialists
on a contractual basis during the school year may require, upon contract
renewal, notification of intent to perform psycho-educational services in
the private sector.
(E) Persons whose practice is covered in this section shall use the title
'Licensed Psycho-educational Specialist' in any advertisement,
solicitation, or other written contract with members of the public. The
term 'South Carolina Department of Education Certified in School
Psychology', along with the certificate number, must be used only in
conjunction with the title 'Licensed Psycho-educational Specialist', and
only on letterhead, on business cards, and as a signature line in reports
written for South Carolina Department of Education schools or private
schools.
Section 40-75-530. An applicant for licensure shall complete
procedures for application as prescribed by the Board of Examiners for
the Licensure of Professional Counselors, Marriage and Family
Therapists, and Licensed Psycho-educational Specialists. An applicant
must furnish the board with satisfactory evidence that the applicant:
(1) holds from a regionally accredited institution of higher education
whose program is approved by the National Association of School
Psychologists or the American Psychological Association or from a
degree program which the board finds to be substantially equivalent based
on criteria established by the board in regulation:
(a) a master's degree plus thirty hours;
(b) a sixty hour master's degree;
(c) a specialist's degree, which must require sixty semester hours or
ninety quarter hours; or
(d) a doctorate in school psychology;
(2) is certified by the South Carolina Department of Education as a
school psychologist level II or III;
(3) has served successfully for at least two years as a certified school
psychologist in a school psychology or comparable setting, at least one
year of which must have been under the supervision of a licensed
psycho-educational specialist;
(4) has made a satisfactory score, as prescribed by the board, on the
Educational Training Service's School Psychology Examination.
Section 40-75-540. The board shall promulgate regulations in
accordance with Chapter 23, Title 1 (Administrative Procedures Act)
establishing requirements for continuing education which must be met by
a person licensed as a licensed psycho-educational specialist. An
applicant for license renewal shall present evidence satisfactory to the
board that continuing education requirements have been met.
Section 40-75-550. Upon application, accompanied by the required
fee, the board may issue a license to a person who has furnished evidence
satisfactory to the board of licensure in another state, a territorial
possession of the United States, the District of Columbia, or the
commonwealth of Puerto Rico, if the requirements for licensure are
equivalent to the requirements of this article, pursuant to the
determination of the board.
Section 40-75-560. (A) A person licensed pursuant to this article
may use the title 'Licensed Psycho-educational Specialist' and the letters
'LPES' following his or her name.
(B) It is unlawful for a person who is not licensed in accordance with
this article to use the title 'Licensed Psycho-educational Specialist'.
(C) A licensee shall display his or her license in a prominent place at
each place of practice.
Section 40-75-570. Notwithstanding the provisions of Chapter 55,
Title 40, additional credential lines must be used to indicate legitimate
qualifications of the licensee whenever the work being done is for use by
a school district or private school. Credential lines shall follow the typed
or printed name of the licensee. For South Carolina Department of
Education school psychologists, level II, the credential line shall read
'Licensed Psycho-educational Specialist, Certified by South Carolina
Department of Education in School Psychology, Certification No.
______'; For Department of Education school psychologists, level III, the
credential line shall read 'Licensed School Psychologist, Certified by
South Carolina Department of Education in School Psychology,
Certification No. ____'; however, to use this credential line a level III
school psychologist must be licensed by the South Carolina Board of
Examiners in Psychology.
Section 40-75-580. The provisions of Article 1 pertaining to the
administrative responsibilities of licensure and regulatory requirements
applicable to professional counselors and marriage and family therapists
that are not inconsistent with this article also pertain to the licensure and
regulation of licensed psycho-educational specialists.
Section 40-75-590. The board shall promulgate regulations necessary
to carry out the provisions of this article including a code of ethics for
licensed psycho-educational specialists using as resources the code of
ethics of the National Association of School Psychologists and other
relevant organizations.
Section 40-75-600. Nothing in this article may be construed to create
a right in a psycho-educational specialist to:
(1) have paid to a licensed psycho-educational specialist a benefit
under:
(a) a self-funded plan providing benefits to residents of this State;
(b) accident and health insurance provided to residents of this State;
(c) a plan of operation established by a health maintenance
organization licensed in this State; or
(2) have a claim against a third party payer, however situated."
Initial licensure
SECTION 9. An individual qualified on July 1, 1998, to practice as a
licensed psycho-educational specialist in this State in accordance with
Article 3, Chapter 75, Title 40 of the 1976 Code, as added by Section 8
of this act, must apply for licensure under this act before October 1, 1998.
The board shall consider all applications within one year of receiving the
applications. The applicant for licensure shall furnish the board with
satisfactory evidence that the applicant:
(1) holds South Carolina Department of Education Level II or Level
III School Psychology certification or is a Nationally Certified School
Psychologist;
(2) has completed two years of experience as a certified school
psychologist in a school psychology or comparable setting;
(3) has completed a program of study and field experiences from an
accredited educational institution that are primarily psychological in
nature, culminating in:
(a) a master's degree plus thirty hours;
(b) a sixty hour master's degree;
(c) a specialist's degree, which requires sixty semester hours or
ninety quarter hours; or
(d) a doctorate.
Chapter renamed
SECTION 10. Chapter 75, Title 40 of the 1976 Code is renamed
'Professional Counselors, Marriage and Family Therapists, and Licensed
Psycho-educational Specialists'.
Time effective
SECTION 11. This act takes effect July 1, 1998.
Became law without the signature of the Governor -- 06/11/98. |