H 4375 General Bill, By Haskins, Bauer, Cato, Gamble, Jennings, Kirsh, Knotts, 
Leach, Moody-Lawrence, Riser, Sandifer, Spearman, Wilkins and Young-Brickell

Similar(S 952)
 A BILL TO AMEND CHAPTER 55, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE LICENSURE AND REGULATION OF PSYCHOLOGISTS, BY ADDING ARTICLE
 3, SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF SPECIALISTS IN SCHOOL
 PSYCHOLOGY; TO AMEND SECTION 40-55-20, RELATING TO THE BOARD OF EXAMINERS IN
 PSYCHOLOGY, SO AS TO ADD A SPECIALIST IN SCHOOL PSYCHOLOGY TO THE BOARD; TO
 REQUIRE PERSONS QUALIFIED TO PRACTICE AS A SPECIALIST IN SCHOOL PSYCHOLOGY ON
 JULY 1, 1998, TO APPLY FOR LICENSURE BEFORE OCTOBER 1, 1998; AND TO DESIGNATE
 SECTIONS 40-55-20 THROUGH 40-55-170 AS ARTICLE 1 OF CHAPTER 55, TITLE 40,
 ENTITLED "PSYCHOLOGISTS".

   12/17/97  House  Prefiled
   12/17/97  House  Referred to Committee on Labor, Commerce and Industry
   01/13/98  House  Introduced and read first time HJ-33
   01/13/98  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-34

A BILL

TO AMEND CHAPTER 55, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF PSYCHOLOGISTS, BY ADDING ARTICLE 3, SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF SPECIALISTS IN SCHOOL PSYCHOLOGY; TO AMEND SECTION 40-55-20, RELATING TO THE BOARD OF EXAMINERS IN PSYCHOLOGY, SO AS TO ADD A SPECIALIST IN SCHOOL PSYCHOLOGY TO THE BOARD, TO REQUIRE PERSONS QUALIFIED TO PRACTICE AS A SPECIALIST IN SCHOOL PSYCHOLOGY ON JULY 1, 1998, TO APPLY FOR LICENSURE BEFORE OCTOBER 1, 1998; AND TO DESIGNATE SECTIONS 40-55-20 THROUGH 40-55-170 AS ARTICLE 1 OF CHAPTER 55, TITLE 40, ENTITLED "PSYCHOLOGISTS".

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 55, Title 40 of the 1976 Code is amended by adding:

"Article 3

Section 40-55-310. The State Board of Examiners in Psychology shall administer the provisions of this article and is the sole authority for issuing licenses pursuant to this article.

Section 40-55-320. (A) The practice of a specialist in school psychology 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 specialist in school psychology includes:

(1) conducting diagnostic and prescriptive 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 counseling regarding educational, personal, and social concerns, adjustment, and development;

(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 specialists in school psychology.

(B) Whenever important aspects of a case fall outside the specialist in school psychology's competence, the specialist must obtain appropriate consultations and referrals. A specialist in school psychology 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 specialist in school psychology 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 specialist in school psychology is assigned;

(3) parent, guardian, surrogate, or adult client is informed that the licensed specialist in school psychology may not function as an independent evaluator;

(4) licensed specialist in school psychology does not provide private sector services during hours of contracted employment with a school district;

(5) licensed specialist in school psychology does not use his or her position within a school district to offer or promote private sector services;

(6) licensed specialist in school psychology does not utilize tests, materials, or services belonging to the school district in providing private sector services.

Section 40-55-330. An applicant for licensure shall complete procedures for application as prescribed by the Board of Examiners in Psychology. 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 specialists' degree, which must require 60 semester hours or 90 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 Specialist in School Psychology;

(4) has made a satisfactory score, as prescribed by the board, on the Educational Training Service's School Psychology Examination.

Section 40-55-340. 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 specialist in school psychology. An applicant for license renewal shall present evidence satisfactory to the board that continuing education requirements have been met.

Section 40-55-350. Notwithstanding the provisions of Section 40-55-330, an applicant who is qualified to practice school psychology within this State and who holds a South Carolina Department of Education II or III certification as of July 1, 1998, or who is certified as a Nationally Certified School Psychologist is qualified for licensure if the person has completed two years as a certified school psychologist in a school psychology or comparable setting. This person is subject to all provisions of this article except Section 40-55-330 and may not be denied relicensure as long as the person continues to comply with all other requirements of the article.

Section 40-55-360. 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 40-55-370. (A) A person licensed pursuant to this article may use the title 'Licensed Specialist in School Psychology' and the letters 'LSSP' following his or her name. Additional credential lines may be used to indicate other legitimate qualifications of the licensee including, but not limited to, Nationally Certified School Psychologist or State Certified School Psychologist.

(B) It is unlawful for a person who is not licensed in accordance with this article to use the title 'Licensed Specialist in School Psychology'.

(C) A licensee shall display his or her license in a prominent place at each place of practice..

Section 40-55-380. The provisions of Article 1 pertaining to the administrative responsibilities of licensure and regulatory requirements applicable to psychologists that are not inconsistent with this article also pertain to the licensure and regulation of specialists in school psychology.

Section 40-55-390. The board shall promulgate regulations necessary to carry out the provisions of this article including a code of ethics for licensed specialists in school psychology using as resources the code of ethics of the National Association of School Psychologists and other relevant organizations."

SECTION 2. Section 40-55-20 of the 1976 Code is amended to read:

"Section 40-55-20. There is hereby created a the State Board of Examiners in Psychology to be composed of three clinical psychologists, two counseling psychologists, one school psychologist, one specialist in school psychology, one psychologist who is licensed in experimental, social, industrial/organizational or community psychology, and one lay member."

SECTION 3. An individual qualified on July 1, 1998, to practice as a specialist in school psychology in this State in accordance with Article 3, Chapter 55, 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.

SECTION 4. Sections 40-55-20 through 40-55-170 of the 1976 Code, are designated as Article 1, Chapter 55, Title 40, entitled 'Psychologists'."

SECTION 5. This act takes effect July 1,1998, upon approval by the Governor.