S 951 Session 112 (1997-1998)
S 0951 General Bill, By Drummond, Bryan, Courtney, McConnell, O'Dell and
Waldrep
Similar(H 4377)
A BILL TO AMEND CHAPTER 75, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE LICENSURE AND REGULATION OF LICENSED PROFESSIONAL COUNSELORS
BY ADDING ARTICLE 3, SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF
SPECIALISTS IN SCHOOL PSYCHOLOGY; TO AMEND SECTION 40-75-20, RELATING TO THE
BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE
COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, SO AS TO ADD A SPECIALIST IN
SCHOOL PSYCHOLOGY TO THE BOARD; TO REQUIRE PERSONS QUALIFIED TO PRACTICE
SCHOOL PSYCHOLOGY ON THE EFFECTIVE DATE OF THIS ACT TO APPLY FOR LICENSURE
BEFORE OCTOBER 1, 1998; AND TO DESIGNATE SECTIONS 40-75-10 THROUGH 40-75-190
AS ARTICLE 1 OF CHAPTER 75, TITLE 40, ENTITLED "PROFESSIONAL COUNSELORS,
ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS" AND TO RENAME CHAPTER
75, TITLE 40 "PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, MARITAL AND
FAMILY THERAPISTS, AND SPECIALISTS IN SCHOOL PSYCHOLOGY".
01/27/98 Senate Introduced and read first time SJ-339
01/27/98 Senate Referred to Committee on Medical Affairs SJ-339
04/23/98 Senate Committee report: Favorable with amendment
Medical Affairs SJ-8
04/29/98 Senate Read second time SJ-24
04/29/98 Senate Ordered to third reading with notice of
amendments SJ-24
04/30/98 Senate Amended SJ-36
04/30/98 Senate Read third time and sent to House SJ-36
05/05/98 House Introduced and read first time HJ-8
05/05/98 House Referred to Committee on Labor, Commerce and
Industry HJ-9
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED AND AMENDED
April 30, 1998
S. 951
Introduced by Senators Drummond, McConnell, Courtney, Bryan,
O'Dell and Waldrep
S. Printed 4/30/98--S.
Read the first time January 27, 1998.
A BILL
TO AMEND CHAPTER 75, TITLE 40, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE
AND REGULATION OF LICENSED PROFESSIONAL
COUNSELORS BY ADDING ARTICLE 3, SO AS TO PROVIDE
FOR THE LICENSURE AND REGULATION OF SPECIALISTS
IN SCHOOL PSYCHOLOGY; TO AMEND SECTION 40-75-20,
RELATING TO THE BOARD OF EXAMINERS FOR THE
LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE
COUNSELORS, AND MARITAL AND FAMILY THERAPISTS,
SO AS TO ADD A SPECIALIST IN SCHOOL PSYCHOLOGY TO
THE BOARD; TO REQUIRE PERSONS QUALIFIED TO
PRACTICE SCHOOL PSYCHOLOGY ON THE EFFECTIVE
DATE OF THIS ACT TO APPLY FOR LICENSURE BEFORE
OCTOBER 1, 1998; AND TO DESIGNATE SECTIONS 40-75-10
THROUGH 40-75-190 AS ARTICLE 1 OF CHAPTER 75, TITLE
40, ENTITLED "PROFESSIONAL COUNSELORS,
ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY
THERAPISTS", AND TO RENAME CHAPTER 75, TITLE
40 "PROFESSIONAL COUNSELORS, ASSOCIATE
COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND
SPECIALISTS IN SCHOOL PSYCHOLOGY".
Amend Title To Conform
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 by
adding:
"Article 3
Licensed Psycho-Educational Specialist
Section 40-75-310. The Board of Examiners for the Licensure of
Professional Counselors, Associate Counselors, Marital and Family
Therapists, and Licensed Psycho-Educational Specialist shall
administer the provisions of this article and is the sole authority for
issuing licenses pursuant to this article.
Section 40-75-320. (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 40-75-330. An applicant for licensure shall complete
procedures for application as prescribed by the Board of Examiners
for the Licensure of Professional Counselors, Associate Counselors,
Marital 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 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 Psycho-Educational Specialist;
(4) has made a satisfactory score, as prescribed by the board, on
the Educational Training Service's School Psychology Examination.
Section 40-75-340. 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 licensed psycho-educational specialist.
An applicant for license renewal shall present evidence satisfactory
to the board that continuing education requirements have been met.
Section 40-75-360. 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 40-75-370. (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 40-75-375. 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. ____'.
Section 40-75-380. The provisions of Article 1 pertaining to the
administrative responsibilities of licensure and regulatory
requirements applicable to professional counselors, associate
counselors, and marital and family therapists that are not inconsistent
with this article also pertain to the licensure and regulation of
licensed psycho-educational specialists.
Section 40-75-390. 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 40-75-400. Nothing in this chapter 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. Section 40-75-20 of the 1976 Code is amended to
read:
"Section 40-75-20. There is created the Board of Examiners
for the Licensure of Professional Counselors, Associate Counselors,
and Marital and Family Therapists, and Licensed
Psycho-Educational Specialists (hereafter called the 'board'),
composed of eight nine members. The Governor
shall appoint the following members as follows
with the advice and consent of the Senate:
(1) There must be six professional members, one from
each of the congressional districts in the State
district, three of whom are must be licensed
professional counselors and three of whom are must be
licensed marital and family therapists.;
(2) one licensed psycho-educational specialist;
(2)(3) There must be two members at
large from the general public who are may not
be associated with, or financially interested in, the practice
of either professional counseling, associate counseling, or
marital and family therapy, or school psychology.
The membership must be representative of racial and ethnic
minorities and of women. 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, associate
counselors, or marital and family therapists, or school
psychologists, respectively, for at least five years prior to
before 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 board 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 the office, including a reasonable
number of days, as determined by board regulation, for preparation
and reviewing of applications and examinations in addition to
and for time actually spent in conducting
examinations."
SECTION 3. 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.
SECTION 4. (A) Sections 40-75-10 through 40-75-190 of the
1976 Code, are designated as Article 1, Chapter 75, Title 40, entitled
"Professional Counselors, Associate Counselors, and Marital
and Family Therapists".
(B) Chapter 75, Title 40 of the 1976 Code is renamed
"Professional Counselors, Associate Counselors, Marital and
Family Therapists, and Licensed Psycho-Educational
Specialists".
SECTION 5. It is the intent of the General Assembly that the
provisions of Article 3, Chapter 75, Title 40 of the 1976 Code, as
added by this act, supersede the provisions of that article as they may
be added by any other enactment in the 1998 Session of the General
Assembly.
SECTION 6. This act takes effect July 1, 1998.
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