S 1128 Session 112 (1997-1998)
S 1128 General Bill, By Holland, Elliott, McGill and J.V. Smith
A BILL TO AMEND TITLE 40, CHAPTER 75, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND
FAMILY THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY
ORGANIZATIONAL FRAMEW ORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE
ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO
FURTHER PROVIDE FOR THE LICENSING AND REGULATION OF PROFESSIONAL COUNSELORS
AND MARRIAGE THERAPISTS AND INTERNS AND TO PROVIDE FOR THE LICENSURE AND
REGULATION OF ALCOHOL AND DRUG ABUSE COUNSELORS.
03/18/98 Senate Introduced and read first time SJ-5
03/18/98 Senate Referred to Committee on Medical Affairs SJ-5
04/23/98 Senate Committee report: Favorable with amendment
Medical Affairs SJ-9
04/29/98 Read second time SJ-25
04/29/98 Senate Ordered to third reading with notice of
amendments SJ-25
04/30/98 Senate Amended SJ-43
04/30/98 Senate Read third time and sent to House SJ-43
05/05/98 House Introduced and read first time HJ-9
05/05/98 House Referred to Committee on Labor, Commerce and
Industry HJ-10
05/27/98 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-71
06/02/98 House Recommitted to Committee on Labor, Commerce and
Industry HJ-57
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 27, 1998
S. 1128
Introduced by Senators Holland, J. Verne Smith, McGill and Elliott
S. Printed 5/27/98--H.
Read the first time May 5, 1998.
THE COMMITTEE ON
LABOR, COMMERCE AND INDUSTRY
To whom was referred a Bill (S. 1128), to amend Title 40, Chapter
75, Code of Laws of South Carolina, 1976, relating to professional
counselors, associate counselors, and marital and family therapists,
etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by deleting all after the enacting
words and inserting:
/SECTION 1. Chapter 75, Title 40 of the 1976 Code is amended
to read:
"CHAPTER 75
Professional Counselors, Associate
Counselors,
and
Marital and Family Therapists
Section 40-75-10. This chapter is known and may be
cited as the 'Professional Counselor, Associate Counselor, and
Marital and Family Therapist Licensing Act'.
Section 40-75-20. There is created the Board of
Examiners for the Licensure of Professional Counselors, Associate
Counselors, and Marital and Family Therapists (hereafter called the
'board'), composed of eight members. The Governor shall appoint the
members as follows:
(1) There must be six professional members, one
from each of the congressional districts in the State, three of whom
are licensed professional counselors and three of whom are licensed
marital and family therapists.
(2) There must be two members at large from the
general public who are not associated with, or financially interested
in, the practice of either professional counseling, associate
counseling, or marital and family therapy.
The membership must be representative of racial and ethnic
minorities and of women. The six professional members must have
been actively engaged in the practice of their respective professions
or in the education and training of professional counselors, associate
counselors, or marital and family therapists for at least five years
prior to appointment. The initial professional members must,
respectively, be eligible for licensure at the time of their appointment
and qualification as members. All subsequent professional members
must be licensed prior to appointment. Terms of the members are for
four years and until their successors are appointed and qualify.
Incumbent members may not hold dual licensure both as a licensed
professional counselor and a licensed marital and family therapist.
Members are eligible for reappointment but may not serve more than
two consecutive terms, except as otherwise specifically provided in
this section. Initial members from the first, third, and fifth
congressional districts and one of the initial at-large members, as
designated by the Gover nor, sh all serve for terms of two years, and
these four initial members may serve for up to ten consecutive years
on the board. The members must qualify by taking an oath of office
before a notary public or other official authorized to administer oaths
in the State. Vacancies must be filled in the same manner as original
appointment for the unexpired portion of the term. Each member
shall receive for his services 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 his 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 40-75-30. The board shall:
(1) 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.
(2) Establish a standards committee composed of
the three professional members who are licensed professional
counselors and one of the at-large members from the general public
and a standards committee composed of the three professional
members who are licensed marital and family therapists and the other
at-large member from the general public.
(3) Promulgate regulations to carry out the
provisions of this chapter.
(4) Approve the preparation or selection,
administration, and the grading of all examinations to applicants for
licensure.
(5) Adopt and promulgate in its regulations a code
of ethics to govern the conduct of persons licensed under this chapter.
(6) Adopt a seal, the impression of which must be
stamped upon all official documents issued by the board.
(7) Keep a full record of all of its proceedings and
maintain a complete registry of all license holders or licensees.
(8) License as professional counselors, associate
counselors, and marital and family therapists persons who satisfy the
respective requirements for licensure.
(9) Assure that no member of the board supervises
for a fee any applicant after the applicant has applied for licensure or
votes on any applicant the member previously supervised.
The area of concern of the standards committee composed
of the three professional members who are licensed professional
counselors and one of the at-large members from the general public
is professional counselors and associate counselors. The area of
concern of the other standards committee is marital and family
therapists.
Section 40-75-40. No member of the board and no
special examiner, agent, or employee of the board may be held liable
for acts performed in the course of official duties except where actual
malice is shown. For the purpose of any investigation, inquiry, or
proceeding under this chapter, the board or any person designated by
it may administer oaths and affirmations, subpoena witnesses, take
evidence, and require the production of any document or record
which the board considers relevant to the investigation, inquiry, or
proceeding. In the case of contumacy by, or refusal to obey a
subpoena issued to any person, an administrative law judge as
provided under Article 5 of Chapter 23 of Title 1, upon application
of the board, may issue an order requiring the person to appear before
the board or the person designated by it and to produce documentary
evidence and to give other evidence concerning the matter under
investigation or inquiry.
Whenever the board has reason to believe that any person
is violating or intends to violate any provision of the chapter it may
order, in addition to all other remedies allowed by law, the person to
desist immediately and refrain from the conduct. The board may
apply to an administrative law judge as provided under Article 5 of
Chapter 23 of Title 1 for an injunction restraining the person from the
conduct. An administrative law judge may issue ex parte a temporary
injunction not to exceed ten days in duration and, upon notice and
full hearing, may issue any other order in the matter it considers
proper. No bond may be required of the board by an administrative
law judge as a condition to the issuance of any injunction or order
contemplated by the provisions of this section.
Section 40-75-50. (A) Each standards
committee shall carry out the following functions as they relate to
each committee's respective area of concern:
(1) Determine whether applicants meet the
qualifications for licensure required by law.
(2) Prepare or select, administer, and grade
examinations.
(3) Recommend to the board the issuance of a
license to any qualified applicant who passes the examination
designed to demonstrate professional competence.
(4) Provide for other nece ssary m atters relating
to licensure.
(B) The board by majority vote shall approve all
recommendations and decisions of a standards committee prior to
their implementation and no decision of the board which may affect
the licensure of professional counselors, associate counselors, or
marital and family therapists may become effective without the
approval of a majority of the membership of the respective standards
committee.
Section 40-75-60. All revenues and income from
licenses, examination fees, other fees, and the sale of commodities
and services and income derived from any other 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 equal at least 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.
Section 40-75-70. It is unlawful for any person
who is not licensed in the manner prescribed in this chapter to
represent himself as a licensed professional counselor, licensed
associate counselor, or licensed marital and family therapist or to
hold himself out to the public as being licensed under this chapter by
means of using a title on signs, mailboxes, address plates, stationery,
announcements, telephone listings, calling cards, or other instruments
of professional identification. Any person violating this section is
guilty of a misdemeanor and, upon conviction, must be punished by
a fine not to exceed one hundred dollars or by imprisonment not to
exceed thirty days or both.
Section 40-75-80. For the purposes of this chapter,
the practice of counseling means rendering or offering to render to
children, adolescents, and adults, either individually, in groups, or in
organizations, for compensation, monetary or otherwise, counseling
or psychotherapeutic services, which include the assessment of
background and current information in order to identify problems and
conflicts, the development of a counseling treatment program, and
application of principles, methods, or the procedures of the
counseling profession in order to assist children, adolescents, and
adults, either individually, in groups, or in organizations, in achieving
more effective personal, social, educational, and vocational
development and adjustment. The procedures of counseling include,
but are not limited to, the following:
(A) 'counseling', which means assisting children,
adolescents, and adults, either individually, in groups, or in
organizations, through the counseling and psychotherapeutic
relationship to develop an understanding of and to explore possible
solutions to interpersonal and personal problems and conflicts, to
define goals, to make decisions, and to plan a course of action
reflecting an individual's or a group's interests, abilities, and mental
and emotional needs which include, but are not limited to,
personal-social concerns, psychotherapeutic progress, sexual
adjustment, developmental difficulties, educational achievement, and
occupational and career development.
(B) 'appraisal', which means selecting,
administering, scoring, and interpreting instruments designed to
assess an individual's aptitudes, abilities, achievements, interests, and
personal characteristics, and the use of nonstandardized methods and
techniques for understanding human behavior in relationship to
coping with, adapting to, or changing life situations.
(C) 'consulting', which means conferring with other
professional colleagues, groups, or organizations for the purpose of
assisting them in their work with persons who are experiencing
personal problems.
(D) 'referral', which means the evaluation of data
to identify problems and to determine the advisability of referral to
other specialists.
Section 40-75-90. For the purposes of this chapter,
the "practice of marital and family therapy" means
rendering or offering to render to individuals, marital pairs or similar
couples, family groups, either singly or in groups, or the general
public marital and family therapy services for compensation,
monetary or otherwise. "Marital and family therapy"
means a specialized field of psychotherapy which recognizes the
importance of marital and family relationships in understanding and
treating emotional and mental problems. It centers primarily upon the
family system, marital and similar relationships, parent-child
relationships, sibling relationships, and other family relationships. It
involves the disciplined application of specific principles, methods,
and techniques associated with marital and family relationships for
the purpose of resolving emotional and mental problems, resolving
interpersonal conflict, improving personal functioning, and
improving interpersonal relationships. It includes, but is not limited
to, premarital, marital, couple, sexual, divorce, and family
psychotherapy.
Section 40-75-100. (A) Applicants for licensure
shall meet the following qualifications:
(1) pay an application fee;
(2) complete forms prescribed by the board.
(B) In addition to subsection (A) applicants shall
meet the following qualifications for the respective license for:
(1) "licensed professional
counselor":
(a) earned a doctoral degree which is
primarily professional counseling in content and includes clinical
experience or the substantial equivalent and, following the receipt of
the degree, had two years of full-time work experience in a
counseling setting that meets the requirements established by the
board; or
(b) earned a master's degree which is
primarily professional counseling in content or the substantial
equivalent and, following the receipt of the degree, had two years of
full-time work experience in a counseling, educational, or community
agency setting that meets the requirements established by the board.
The work experience must include one thousand five hundred hours
of direct clinical contact with either children, adolescents, or adults.
One hundred fifty of these hours must include individual supervision,
fifty hours of which may be group supervision, in the practice of
counseling;
(2) "licensed associate counselor":
earned a master's degree which is primarily counseling in content and
includes clinical experience and filed a board-approved plan for
practice under the supervision of the board;
(3) "licensed marital and family
therapist": earned a master's degree which is primarily marital
and family therapy in content or taken an equivalent course of study
and degree which includes marital and family therapy as determined
by the board by regulation and includes clinical experience or the
substantial equivalent. Following the receipt of a qualifying degree,
these applicants also must have had two years of full-time work
experience which includes one thousand hours of direct clinical
contact with couples and families and two hundred hours of
supervision of which one hundred hours must have been individual
supervision in the practice of marital and family therapy. These
twelve hundred hours of clinical contact and supervised experience
must have been obtained working in a marital and family therapy
setting that meets the requirements established by the board by
regulation.
(C) Degrees submitted as evidence of educational
achievement must have been earned at regionally accredited
institutions of higher learning.
(D) The board shall notify each applicant not less
than thirty days before the examination that the application and
evidence submitted is satisfactory and accepted or unsatisfactory and
rejected. If rejected, the notice must state the reasons for rejection.
Section 40-75-105. The board, in its regulations,
shall establish criteria for determining acceptable, supervised
experience and the qualifications of the supervisor. The board may
issue a license for a marital and family therapist supervisor or
counselor supervisor and may issue the registration for a counselor
supervisor-in-training to a qualified applicant who pays a licensing
or registration fee.
Section 40-75-110. The board shall issue a license
to any qualified applicant who:
(1) pays an examination fee and passes a
board-approved examination designed to demonstrate professional
competence in professional counseling, associate counseling, or
marital and family therapy;
(2) pays a licensing fee.
Section 40-75-120. The board shall conduct at
least one examination in professional counseling, associate
counseling, and marital and family therapy each year for qualified
applicants. The written examination must be standardized by norm
groups that are representative of South Carolina with respect to race,
age, sex, and ethnic groups.
Following the examination the board shall notify applicants
as to the results. In the event an applicant fails to receive a passing
grade on the examination, he must be furnished, upon request,
information regarding deficient areas. He may reapply and must be
allowed to take a subsequent examination.
Section 40-75-130. 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 by regulation.
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. If a license has lapsed for more than one year,
the board may impose further educational requirements for
reinstatement.
Section 40-75-140. Any person is regarded as a
"licensed professional counselor" or a "licensed
associate counselor" or a "licensed marital and family
therapist" within the meaning of this chapter who meets the
qualifications and requirements prescribed in this chapter and who is
registered and licensed by the board. A license holder or licensee may
use the title appearing on his license and the corresponding letters
'LPC' for licensed professional counselor, "LAC" for
licensed associate counselor, or "LMFT" for licensed
marital and family therapist following his name, as the case may be.
Every license holder shall display his license in a prominent place in
his place of practice.
Section 40-75-150. Upon application
accompanied by a fee and without examination the board may issue
a license to any person who has furnished satisfactory evidence that
he is licensed either as a professional counselor, associate counselor,
or marital and family therapist by another state, a territorial
possession of the United States, the District of Columbia, or the
Commonwealth of Puerto Rico, if the requirements for licensure in
those places are substantially equivalent to the requirements of this
chapter in the opinion of the board.
Section 40-75-160. 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 secretary, or other person as the president may
designate, shall investigate the allegations in the complaint and make
a report to the board concerning his investigation. In instances where
a board member makes the initial investigation or complaint, he may
not sit with the board at the hearing of the complaint. If the board
desires to proceed further it may file, in its discretion, a formal
accusation charging the licensee with a violation of this chapter. The
accusation must be signed by the president or vice president on
behalf of the board. When the accusation is filed and the board has
set a date and a place for a hearing on the accusation, the secretary,
or other person as the president may designate, shall notify the
accused in writing not less than thirty days prior to the hearing and
a copy of the accusation must be attached to the notice. The notice
must be served personally or sent to the accused by registered mail,
return receipt requested, directed to his last mailing address furnished
to the board. The post office registration receipt signed by the
accused, his agent, or a responsible member of his household or
office staff, or, if not accepted by the person to whom addressed, the
postal authority stamp showing the notice refused, is prima facie
evidence of service of the notice.
The accused may appear and show cause why his license
should not be suspended or revoked or why other disciplinary action
should not be taken. The accused has the right to be confronted with
and to cross-examine the witnesses against him and has the right to
counsel. For the purposes of these hearings, the board may require by
subpoena the attendance of witnesses and the production of
documents and other evidence and may administer oaths and hear
testimony, either oral or documentary, for and against the accused.
All investigations, inquiries, and proceedings undertaken under this
chapter must be confidential.
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.
Nothing contained in this chapter prohibits the accused
from regular access to the charges and evidence filed against him as
a part of due process under the law.
Section 40-75-170. (A) The board may
revoke or suspend a license or reprimand or restrict a licensee or
otherwise discipline him when it is established that the licensee is
guilty of an act of misconduct as defined in this section. Misconduct
is a satisfactory showing to the board that a licensee has:
(1) uttered a false, fraudulent, or forged
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) practiced while under the influence of
alcohol or drugs to a degree so as to affect adversely his ability to
practice;
(4) used alcohol or drugs to a degree so as to
affect adversely his ability to practice;
(5) knowingly performed an act which
substantially assists a person to practice counseling or marital and
family therapy illegally;
(6) caused to be published or circulated directly
or indirectly fraudulent, false, or misleading statements as to the
skills or methods of practice of a license holder when malice is
shown;
(7) failed to provide and maintain reasonable
sanitary facilities;
(8) sustained physical or mental impairment or
disability which renders practice by him dangerous to the public;
(9) violated the code of ethics adopted by the
board and published in its regulations;
(10) obtained fees or assisted in obtaining fees
under deceptive, false, or fraudulent circumstances;
(11) used an intentionally false or fraudulent
statement in a document connected with the practice of either
professional counseling, associate counseling, or marital and family
therapy;
(12) been found by the board to lack the
professional competence to practice;
(13) violated this chapter;
(14) practiced during the time his license has
lapsed.
(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 40-75-180. If the board is satisfied that
the licensee is guilty of any offense charged in the formal accusation
provided for in this chapter, it shall revoke or suspend the license or
reprimand or restrict the licensee or otherwise discipline him by
taking 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 other restraints 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 be mailed by the
board to the licensee at his last known address as provided to the
board.
Any final order of the board finding that a licensee is guilty
of any offense charged in a formal accusation becomes 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, all firms or facilities with which the licensee is
associated, states where the licensee has a license known to the board,
and to any other source to which the board wishes to furnish this
information.
Any decision by the board to revoke or suspend a license
or to reprimand or restrict a licensee or otherwise to discipline him
must be by majority vote and is subject to review by an
administrative law judge as provided under Article 5 of Chapter 23
of Title 1 upon a petition filed by the licensee with the court and a
copy served upon the secretary of the board, or, if there is no
secretary, upon the president, within thirty days from the date of
delivery of the board's decision to the licensee. The review must be
in accordance with the provisions of Act 176 of 1977 (Administrative
Procedures Act).
Section 40-75-200. Every licensee shall make
available to each client a copy of a statement of professional
disclosure. The statement of professional disclosure shall include the
licensee's address and telephone number, fee schedule, educational
training, and the address and telephone number of the board.
Section 40-75-210. During the first year
following the effective date of this chapter, the board shall issue
without examination the license of "licensed professional
counselor" or "licensed marital and family
therapist" to any person who meets all of the following
qualifications:
(1) resides or intends to practice in this State;
(2) pays an application and licensing fee;
(3) completes any forms prescribed by the board.
In addition, the person shall meet one of the following
qualifications for "licensed professional counselor" and
the following qualification for "licensed marital and family
therapist":
(A) "Licensed professional
counselor":
(i) must have earned a valid certificate of
certification from a professional counselor certification body such as
the National Board of Certified Counselors, the Commission on
Rehabilitation Counselor Certification, the National Academy of
Certified Clinical Mental Health Counselors, or the American
Academy of Psychotherapists and must have had two years of
full-time work experience in counseling; or
(ii) shall document no less than twelve years
of full-time supervised work experience in a private counseling
practice and produce no less than three letters of recommendation
from licensed psychiatrists, clinical psychologists, or counseling
psychologists certifying to the person's qualifications to be so
licensed.
(B) "Licensed marital and family
therapist" shall hold membership in the American Association
of Marriage and Family Therapy and must have had two years of
full-time work experience in marital and family therapy.
Section 40-75-220. Unless otherwise specifically
indicated, wherever the words "this chapter" or
"provisions of this chapter" appear in any provision of
Chapter 75 of Title 40, they must be construed to include regulations
promulgated by the board.
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 Board of Examiners for the Licensure of
Professional Counselors, Marriage and Family Therapists, and
Psycho-educational Specialists.
(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 Sections 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
additions 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 S.C. 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, 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) has 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 Sections 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 48 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 (5) 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 non-profit 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) non-residents, appropriately licensed or credentialed in their
home state, who offer services within this State, if these services are
performed for no more than 5 days a month, and no more than 30
days in any calendar year; and
(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;
(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;
(d) or 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, 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."
SECTION 2. 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."
SECTION 3. 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."
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 he:
(1) Holds himself out to be a psychologist or
(2) Renders to individuals or to the public for a
fee, monetary or otherwise, any service involving the recognized
principles, methods and procedures of the science and profession of
psychology, such as: (a) assessment or measurement, through the use
of psychological tests and interviews, of intelligence, aptitudes, skills,
personality traits, behavior adjustment, attitudes and interests; (b)
techniques of personality and behavior readjustment, such as group
and individual psychotherapy, remotivation and conditioning.
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,
neuro-psychological 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:
psycho-therapy, 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 shall be all of are the
physical, chemical, and nonbehavioral aspects of Chapter 47
of Title 40. 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."
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; and
(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 U. S. 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.
(a) has had four years of combined academic
training in psychology and qualifying experience including a doctor's
degree in psychology from an educational institution which is
accredited by a recognized regional accrediting agency of colleges
and universities and whose program is accredited by a recognized
national accrediting agency or meets criteria established by the
American Association of State Psychology Boards (AASPB) or, in
lieu of a doctor's degree in psychology, a doctor's degree in a closely
allied field if the board finds that the training obtained in that field
was substantially equivalent to that obtained in programs leading to
the doctor's degree in psychology;
(b) is competent in psychology as shown by
passing the examination, written or oral, as the board considers
necessary;
(c) has completed two years of supervised
experience as approved by the board;
(d) is not engaged in unethical practices; and
(e) has not within the preceding six months
failed an examination given by the board.
However, the board may, without an assembled examination,
accept adequate evidence of qualifying degrees and experience and
award a license to practice psychology."
SECTION 6. Section 40-55-90 of the 1976 Code is
amended to read:
"Section 40-55-90. Nothing in (A) This
chapter shall be construed: (a) To prevent qualified
members of other professional groups, such as physicians, clergymen,
lawyers, and social workers, from doing work of a psychological
nature consistent with their training and with the codes of ethics of
their respective professions; (b) as restricting the use of the term
'social psychologist' by any person (1) who has been graduated with
a doctoral degree in sociology from an institution whose credits are
accepted by the University of South Carolina and (2) who has passed
comprehensive examinations in the field of social psychology as part
of the requirement for the doctoral degree or has had equivalent
specialized training in social psychology and (3) who has filed with
the Board a statement of the facts demonstrating his compliance with
conditions (1) and (2); (c) to exclude or prevent psychologists
certified by the South Carolina Department of Education from
performing services in connection with schools as authorized by such
certification; (d) to exclude or prevent school counselors, reading
specialists and other educators certified by the South Carolina
Department of Education from performing services of a
psychological nature consistent with their competency and
certification, or college student personnel counselors in accredited
colleges and universities from performing services consistent with
their competency and occupational roles in such institutions; and (e)
to exclude or prevent any person certified by the Department of
Education from providing psychological services on a contractual
basis with any public or private school or any federal or state agency
as authorized by such certification 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.
(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."
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 who violates a provision of this chapter is
guilty of a misdemeanor felony and, upon
conviction, must be fined not less than one hundred dollars
nor more than one 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 has been found to occur 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 for violation of a provision in this
chapter 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."
SECTION 8. 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 1 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.
SECTION 9. Chapter 75, Title 40 of the 1976 Code is renamed
'Professional Counselors, Marriage and Family Therapists, and
Licensed Psycho-educational Specialists'.
SECTION 10. This act takes effect July 1, 1998./
Renumber sections to conform.
Amend totals and title to conform.
HARRY F. CATO, for Committee.
A BILL
TO AMEND TITLE 40, CHAPTER 75, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL
COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL
AND FAMILY THERAPISTS, SO AS TO CONFORM THIS
CHAPTER TO THE STATUTORY ORGANIZATIONAL
FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS
UNDER THE ADMINISTRATION OF THE DEPARTMENT OF
LABOR, LICENSING AND REGULATION, TO FURTHER
PROVIDE FOR THE LICENSING AND REGULATION OF
PROFESSIONAL COUNSELORS AND MARRIAGE
THERAPISTS AND INTERNS AND TO PROVIDE FOR THE
LICENSURE AND REGULATION OF ALCOHOL AND DRUG
ABUSE COUNSELORS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 75, Title 40 of the 1976 Code is amended to
read:
"CHAPTER 75
Professional Counselors, Associate
Counselors,
and
Marital and Family Therapists
Section 40-75-10. This chapter is known and may be
cited as the 'Professional Counselor, Associate Counselor, and
Marital and Family Therapist Licensing Act'.
Section 40-75-20. There is created the Board of
Examiners for the Licensure of Professional Counselors, Associate
Counselors, and Marital and Family Therapists (hereafter called the
'board'), composed of eight members. The Governor shall appoint the
members as follows:
(1) There must be six professional members, one
from each of the congressional districts in the State, three of whom
are licensed professional counselors and three of whom are licensed
marital and family therapists.
(2) There must be two members at large from the
general public who are not associated with, or financially interested
in, the practice of either professional counseling, associate
counseling, or marital and family therapy.
The membership must be representative of racial and ethnic
minorities and of women. The six professional members must have
been actively engaged in the practice of their respective professions
or in the education and training of professional counselors, associate
counselors, or marital and family therapists for at least five years
prior to appointment. The initial professional members must,
respectively, be eligible for licensure at the time of their appointment
and qualification as members. All subsequent professional members
must be licensed prior to appointment. Terms of the members are for
four years and until their successors are appointed and qualify.
Incumbent members may not hold dual licensure both as a licensed
professional counselor and a licensed marital and family therapist.
Members are eligible for reappointment but may not serve more than
two consecutive terms, except as otherwise specifically provided in
this section. Initial members from the first, third, and fifth
congressional districts and one of the initial at-large members, as
designated by the Governor, shall serve for terms of two years, and
these four initial members may serve for up to ten consecutive years
on the board. The members must qualify by taking an oath of office
before a notary public or other official authorized to administer oaths
in the State. Vacancies must be filled in the same manner as original
appointment for the unexpired portion of the term. Each member
shall receive for his services 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 his 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 40-75-30. The board shall:
(1) 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.
(2) Establish a standards committee composed of
the three professional members who are licensed professional
counselors and one of the at-large members from the general public
and a standards committee composed of the three professional
members who are licensed marital and family therapists and the other
at-large member from the general public.
(3) Promulgate regulations to carry out the
provisions of this chapter.
(4) Approve the preparation or selection,
administration, and the grading of all examinations to applicants for
licensure.
(5) Adopt and promulgate in its regulations a code
of ethics to govern the conduct of persons licensed under this chapter.
(6) Adopt a seal, the impression of which must be
stamped upon all official documents issued by the board.
(7) Keep a full record of all of its proceedings and
maintain a complete registry of all license holders or licensees.
(8) License as professional counselors, associate
counselors, and marital and family therapists persons who satisfy the
respective requirements for licensure.
(9) Assure that no member of the board supervises
for a fee any applicant after the applicant has applied for licensure or
votes on any applicant the member previously supervised.
The area of concern of the standards committee composed
of the three professional members who are licensed professional
counselors and one of the at-large members from the general public
is professional counselors and associate counselors. The area of
concern of the other standards committee is marital and family
therapists.
Section 40-75-40. No member of the board and no
special examiner, agent, or employee of the board may be held liable
for acts performed in the course of official duties except where actual
malice is shown. For the purpose of any investigation, inquiry, or
proceeding under this chapter, the board or any person designated by
it may administer oaths and affirmations, subpoena witnesses, take
evidence, and require the production of any document or record
which the board considers relevant to the investigation, inquiry, or
proceeding. In the case of contumacy by, or refusal to obey a
subpoena issued to any person, an administrative law judge as
provided under Article 5 of Chapter 23 of Title 1, upon application
of the board, may issue an order requiring the person to appear before
the board or the person designated by it and to produce documentary
evidence and to give other evidence concerning the matter under
investigation or inquiry.
Whenever the board has reason to believe that any person
is violating or intends to violate any provision of the chapter it may
order, in addition to all other remedies allowed by law, the person to
desist immediately and refrain from the conduct. The board may
apply to an administrative law judge as provided under Article 5 of
Chapter 23 of Title 1 for an injunction restraining the person from the
conduct. An administrative law judge may issue ex parte a temporary
injunction not to exceed ten days in duration and, upon notice and
full hearing, may issue any other order in the matter it considers
proper. No bond may be required of the board by an administrative
law judge as a condition to the issuance of any injunction or order
contemplated by the provisions of this section.
Section 40-75-50. (A) Each standards
committee shall carry out the following functions as they relate to
each committee's respective area of concern:
(1) Determine whether applicants meet the
qualifications for licensure required by law.
(2) Prepare or select, administer, and grade
examinations.
(3) Recommend to the board the issuance of a
license to any qualified applicant who passes the examination
designed to demonstrate professional competence.
(4) Provide for other necessary matters relating
to licensure.
(B) The board by majority vote shall approve all
recommendations and decisions of a standards committee prior to
their implementation and no decision of the board which may affect
the licensure of professional counselors, associate counselors, or
marital and family therapists may become effective without the
approval of a majority of the membership of the respective standards
committee.
Section 40-75-60. All revenues and income from
licenses, examination fees, other fees, and the sale of commodities
and services and income derived from any other 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 equal at least 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.
Section 40-75-70. It is unlawful for any person
who is not licensed in the manner prescribed in this chapter to
represent himself as a licensed professional counselor, licensed
associate counselor, or licensed marital and family therapist or to
hold himself out to the public as being licensed under this chapter by
means of using a title on signs, mailboxes, address plates, stationery,
announcements, telephone listings, calling cards, or other instruments
of professional identification. Any person violating this section is
guilty of a misdemeanor and, upon conviction, must be punished by
a fine not to exceed one hundred dollars or by imprisonment not to
exceed thirty days or both.
Section 40-75-80. For the purposes of this chapter,
the practice of counseling means rendering or offering to render to
children, adolescents, and adults, either individually, in groups, or in
organizations, for compensation, monetary or otherwise, counseling
or psychotherapeutic services, which include the assessment of
background and current information in order to identify problems and
conflicts, the development of a counseling treatment program, and
application of principles, methods, or the procedures of the
counseling profession in order to assist children, adolescents, and
adults, either individually, in groups, or in organizations, in achieving
more effective personal, social, educational, and vocational
development and adjustment. The procedures of counseling include,
but are not limited to, the following:
(A) 'counseling', which means assisting children,
adolescents, and adults, either individually, in groups, or in
organizations, through the counseling and psychotherapeutic
relationship to develop an understanding of and to explore possible
solutions to interpersonal and personal problems and conflicts, to
define goals, to make decisions, and to plan a course of action
reflecting an individual's or a group's interests, abilities, and mental
and emotional needs which include, but are not limited to,
personal-social concerns, psychotherapeutic progress, sexual
adjustment, developmental difficulties, educational achievement, and
occupational and career development.
(B) 'appraisal', which means selecting,
administering, scoring, and interpreting instruments designed to
assess an individual's aptitudes, abilities, achievements, interests, and
personal characteristics, and the use of nonstandardized methods and
techniques for understanding human behavior in relationship to
coping with, adapting to, or changing life situations.
(C) 'consulting', which means conferring with other
professional colleagues, groups, or organizations for the purpose of
assisting them in their work with persons who are experiencing
personal problems.
(D) 'referral', which means the evaluation of data
to identify problems and to determine the advisability of referral to
other specialists.
Section 40-75-90. For the purposes of this chapter,
the "practice of marital and family therapy" means
rendering or offering to render to individuals, marital pairs or similar
couples, family groups, either singly or in groups, or the general
public marital and family therapy services for compensation,
monetary or otherwise. "Marital and family therapy"
means a specialized field of psychotherapy which recognizes the
importance of marital and family relationships in understanding and
treating emotional and mental problems. It centers primarily upon the
family system, marital and similar relationships, parent-child
relationships, sibling relationships, and other family relationships. It
involves the disciplined application of specific principles, methods,
and techniques associated with marital and family relationships for
the purpose of resolving emotional and mental problems, resolving
interpersonal conflict, improving personal functioning, and
improving interpersonal relationships. It includes, but is not limited
to, premarital, marital, couple, sexual, divorce, and family
psychotherapy.
Section 40-75-100. (A) Applicants for licensure
shall meet the following qualifications:
(1) pay an application fee;
(2) complete forms prescribed by the board.
(B) In addition to subsection (A) applicants shall
meet the following qualifications for the respective license for:
(1) "licensed professional
counselor":
(a) earned a doctoral degree which is
primarily professional counseling in content and includes clinical
experience or the substantial equivalent and, following the receipt of
the degree, had two years of full-time work experience in a
counseling setting that meets the requirements established by the
board; or
(b) earned a master's degree which is
primarily professional counseling in content or the substantial
equivalent and, following the receipt of the degree, had two years of
full-time work experience in a counseling, educational, or community
agency setting that meets the requirements established by the board.
The work experience must include one thousand five hundred hours
of direct clinical contact with either children, adolescents, or adults.
One hundred fifty of these hours must include individual supervision,
fifty hours of which may be group supervision, in the practice of
counseling;
(2) "licensed associate counselor":
earned a master's degree which is primarily counseling in content and
includes clinical experience and filed a board-approved plan for
practice under the supervision of the board;
(3) "licensed marital and family
therapist": earned a master's degree which is primarily marital
and family therapy in content or taken an equivalent course of study
and degree which includes marital and family therapy as determined
by the board by regulation and includes clinical experience or the
substantial equivalent. Following the receipt of a qualifying degree,
these applicants also must have had two years of full-time work
experience which includes one thousand hours of direct clinical
contact with couples and families and two hundred hours of
supervision of which one hundred hours must have been individual
supervision in the practice of marital and family therapy. These
twelve hundred hours of clinical contact and supervised experience
must have been obtained working in a marital and family therapy
setting that meets the requirements established by the board by
regulation.
(C) Degrees submitted as evidence of educational
achievement must have been earned at regionally accredited
institutions of higher learning.
(D) The board shall notify each applicant not less
than thirty days before the examination that the application and
evidence submitted is satisfactory and accepted or unsatisfactory and
rejected. If rejected, the notice must state the reasons for rejection.
Section 40-75-105. The board, in its regulations,
shall establish criteria for determining acceptable, supervised
experience and the qualifications of the supervisor. The board may
issue a license for a marital and family therapist supervisor or
counselor supervisor and may issue the registration for a counselor
supervisor-in-training to a qualified applicant who pays a licensing
or registration fee.
Section 40-75-110. The board shall issue a license
to any qualified applicant who:
(1) pays an examination fee and passes a
board-approved examination designed to demonstrate professional
competence in professional counseling, associate counseling, or
marital and family therapy;
(2) pays a licensing fee.
Section 40-75-120. The board shall conduct at
least one examination in professional counseling, associate
counseling, and marital and family therapy each year for qualified
applicants. The written examination must be standardized by norm
groups that are representative of South Carolina with respect to race,
age, sex, and ethnic groups.
Following the examination the board shall notify applicants
as to the results. In the event an applicant fails to receive a passing
grade on the examination, he must be furnished, upon request,
information regarding deficient areas. He may reapply and must be
allowed to take a subsequent examination.
Section 40-75-130. 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 by regulation.
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. If a license has lapsed for more than one year,
the board may impose further educational requirements for
reinstatement.
Section 40-75-140. Any person is regarded as a
"licensed professional counselor" or a "licensed
associate counselor" or a "licensed marital and family
therapist" within the meaning of this chapter who meets the
qualifications and requirements prescribed in this chapter and who is
registered and licensed by the board. A license holder or licensee may
use the title appearing on his license and the corresponding letters
'LPC' for licensed professional counselor, "LAC" for
licensed associate counselor, or "LMFT" for licensed
marital and family therapist following his name, as the case may be.
Every license holder shall display his license in a prominent place in
his place of practice.
Section 40-75-150. Upon application
accompanied by a fee and without examination the board may issue
a license to any person who has furnished satisfactory evidence that
he is licensed either as a professional counselor, associate counselor,
or marital and family therapist by another state, a territorial
possession of the United States, the District of Columbia, or the
Commonwealth of Puerto Rico, if the requirements for licensure in
those places are substantially equivalent to the requirements of this
chapter in the opinion of the board.
Section 40-75-160. 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 secretary, or other person as the president may
designate, shall investigate the allegations in the complaint and make
a report to the board concerning his investigation. In instances where
a board member makes the initial investigation or complaint, he may
not sit with the board at the hearing of the complaint. If the board
desires to proceed further it may file, in its discretion, a formal
accusation charging the licensee with a violation of this chapter. The
accusation must be signed by the president or vice president on
behalf of the board. When the accusation is filed and the board has
set a date and a place for a hearing on the accusation, the secretary,
or other person as the president may designate, shall notify the
accused in writing not less than thirty days prior to the hearing and
a copy of the accusation must be attached to the notice. The notice
must be served personally or sent to the accused by registered mail,
return receipt requested, directed to his last mailing address furnished
to the board. The post office registration receipt signed by the
accused, his agent, or a responsible member of his household or
office staff, or, if not accepted by the person to whom addressed, the
postal authority stamp showing the notice refused, is prima facie
evidence of service of the notice.
The accused may appear and show cause why his license
should not be suspended or revoked or why other disciplinary action
should not be taken. The accused has the right to be confronted with
and to cross-examine the witnesses against him and has the right to
counsel. For the purposes of these hearings, the board may require by
subpoena the attendance of witnesses and the production of
documents and other evidence and may administer oaths and hear
testimony, either oral or documentary, for and against the accused.
All investigations, inquiries, and proceedings undertaken under this
chapter must be confidential.
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.
Nothing contained in this chapter prohibits the accused
from regular access to the charges and evidence filed against him as
a part of due process under the law.
Section 40-75-170. (A) The board may
revoke or suspend a license or reprimand or restrict a licensee or
otherwise discipline him when it is established that the licensee is
guilty of an act of misconduct as defined in this section. Misconduct
is a satisfactory showing to the board that a licensee has:
(1) uttered a false, fraudulent, or forged
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) practiced while under the influence of
alcohol or drugs to a degree so as to affect adversely his ability to
practice;
(4) used alcohol or drugs to a degree so as to
affect adversely his ability to practice;
(5) knowingly performed an act which
substantially assists a person to practice counseling or marital and
family therapy illegally;
(6) caused to be published or circulated directly
or indirectly fraudulent, false, or misleading statements as to the
skills or methods of practice of a license holder when malice is
shown;
(7) failed to provide and maintain reasonable
sanitary facilities;
(8) sustained physical or mental impairment or
disability which renders practice by him dangerous to the public;
(9) violated the code of ethics adopted by the
board and published in its regulations;
(10) obtained fees or assisted in obtaining fees
under deceptive, false, or fraudulent circumstances;
(11) used an intentionally false or fraudulent
statement in a document connected with the practice of either
professional counseling, associate counseling, or marital and family
therapy;
(12) been found by the board to lack the
professional competence to practice;
(13) violated this chapter;
(14) practiced during the time his license has
lapsed.
(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 40-75-180. If the board is satisfied that
the licensee is guilty of any offense charged in the formal accusation
provided for in this chapter, it shall revoke or suspend the license or
reprimand or restrict the licensee or otherwise discipline him by
taking 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 other restraints 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 be mailed by the
board to the licensee at his last known address as provided to the
board.
Any final order of the board finding that a licensee is guilty
of any offense charged in a formal accusation becomes 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, all firms or facilities with which the licensee is
associated, states where the licensee has a license known to the board,
and to any other source to which the board wishes to furnish this
information.
Any decision by the board to revoke or suspend a license
or to reprimand or restrict a licensee or otherwise to discipline him
must be by majority vote and is subject to review by an
administrative law judge as provided under Article 5 of Chapter 23
of Title 1 upon a petition filed by the licensee with the court and a
copy served upon the secretary of the board, or, if there is no
secretary, upon the president, within thirty days from the date of
delivery of the board's decision to the licensee. The review must be
in accordance with the provisions of Act 176 of 1977 (Administrative
Procedures Act).
Section 40-75-200. Every licensee shall make
available to each client a copy of a statement of professional
disclosure. The statement of professional disclosure shall include the
licensee's address and telephone number, fee schedule, educational
training, and the address and telephone number of the board.
Section 40-75-210. During the first year
following the effective date of this chapter, the board shall issue
without examination the license of "licensed professional
counselor" or "licensed marital and family
therapist" to any person who meets all of the following
qualifications:
(1) resides or intends to practice in this State;
(2) pays an application and licensing fee;
(3) completes any forms prescribed by the board.
In addition, the person shall meet one of the following
qualifications for "licensed professional counselor" and
the following qualification for "licensed marital and family
therapist":
(A) "Licensed professional
counselor":
(i) must have earned a valid certificate of
certification from a professional counselor certification body such as
the National Board of Certified Counselors, the Commission on
Rehabilitation Counselor Certification, the National Academy of
Certified Clinical Mental Health Counselors, or the American
Academy of Psychotherapists and must have had two years of
full-time work experience in counseling; or
(ii) shall document no less than twelve years
of full-time supervised work experience in a private counseling
practice and produce no less than three letters of recommendation
from licensed psychiatrists, clinical psychologists, or counseling
psychologists certifying to the person's qualifications to be so
licensed.
(B) "Licensed marital and family
therapist" shall hold membership in the American Association
of Marriage and Family Therapy and must have had two years of
full-time work experience in marital and family therapy.
Section 40-75-220. Unless otherwise specifically
indicated, wherever the words "this chapter" or
"provisions of this chapter" appear in any provision of
Chapter 75 of Title 40, they must be construed to include regulations
promulgated by the board.
Licensed Professional Counselors
and
Marriage and Family Therapists
Section 40-75-05. Unless otherwise provided for in this
Chapter, Article 1, Chapter 1 of Title 40 applies to licensed
professional counselors and marriage and family therapists 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 and Marriage and
Family Therapists composed of eight members appointed by the
Governor with the advice and consent of the Senate. Of the eight
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. 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, or marriage and
family therapy.
(B) The membership must be representative of race, ethnicity and
gender. The six professional members must have been actively
engaged in the practice of their respective professions or in the
education and training of professional counselors or marriage and
family therapists 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 chapter:
(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 disorders; and the use of methods
and techniques for understanding human behavior in relation to,
coping with, adapting to, or changing life situations.
(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 chapter 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
chapter 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 chapter 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
psychotherapeutic 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 chapter.
(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
psychotherapist 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 chapter in this State without being licensed in accordance
with this chapter. 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 chapter;
(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.
(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.
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 Sections 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
additions 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 S.C. 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, 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) has 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 Sections 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;
(5) 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. 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 48 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 (5) 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 not 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 chapter, 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 chapter; 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 chapter.
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 40-75-290. This chapter 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 non-profit 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 chapter, if the services constitute a part
of a supervised course of study;
(3) non-residents, appropriately licensed or credentialed in their
home state, who offer services within this State, if these services are
performed for no more than 5 days a month, and no more than 30
days in any calendar year; and
(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 chapter;
(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 chapter;
(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;
(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, or any other nationally recognized association or
similar accrediting body that includes competency based testing,
requires 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 40-75-300. 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."
SECTION 2. This act takes effect upon approval by the Governor.
-----XX----- |