Current Status Bill Number:1077 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960130 Primary Sponsor:Ryberg All Sponsors:Ryberg Drafted Document Number:res9885.wgr Residing Body:Senate Current Committee:Labor, Commerce and Industry Committee 12 SLCI Subject:Family and Marital Therapist Counselor Board
Body Date Action Description Com Leg Involved
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Senate 19960130 Introduced, read first time, 12 SLCI
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 40-75-40 OF THE 1976 CODE, RELATING TO INVESTIGATIONS AND ENFORCEMENT POWERS OF THE BOARD, SO AS TO DELETE CERTAIN PROVISIONS; TO AMEND SECTION 40-75-70 OF THE 1976 CODE, RELATING TO THE CRIME OF FALSELY CLAIMING A GRANT OF LICENSE TO ACT AS A PROFESSIONAL COUNSELOR OR MARITAL AND FAMILY THERAPIST, SO AS TO ALSO MAKE IT UNLAWFUL TO USE CERTAIN ACRONYMS, TO ACT AS A LICENSED PROFESSIONAL COUNSELOR, LICENSED ASSOCIATE COUNSELOR, OR LICENSED MARITAL AND FAMILY THERAPIST WITHOUT FIRST OBTAINING A LICENSE ISSUED BY THE BOARD, AND TO OBTAIN OR ATTEMPT TO OBTAIN A LICENSE UNDER THIS CHAPTER BY PRESENTING FALSE OR FORGED EVIDENCE OF QUALIFICATIONS OR OTHER FRAUDULENT REPRESENTATION, AND TO INCREASE THE PENALTIES; TO AMEND CHAPTER 75, TITLE 40, BY ADDING SECTION 40-75-95, SO AS TO PROVIDE EXEMPTIONS TO THE LICENSE REQUIREMENT; TO AMEND SECTION 40-75-140 OF THE 1976 CODE, RELATING TO THE DISPLAY OF THE LICENSE ISSUED UNDER CHAPTER 75, SO AS TO REQUIRE THE LICENSE TO BE DISPLAYED AT EACH LOCATION AT WHICH THE LICENSEE PRACTICES HIS PROFESSION RATHER THAN ONLY IN HIS PLACE OF PRACTICE; TO AMEND SECTION 40-75-160 OF THE 1976 CODE, RELATING TO COMPLAINTS AND INVESTIGATIONS BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO ALSO INVESTIGATE PERSONS WHO HAVE UNLAWFULLY ASSUMED TO ACT AS A LICENSEE AND TO RECODIFY CERTAIN PROVISIONS PREVIOUSLY CODIFIED IN SECTION 40-75-40; TO AMEND CHAPTER 75, TITLE 40 OF THE 1976 CODE, BY ADDING SECTION 40-75-165 SO AS TO REQUIRE THE BOARD BY REGULATION TO ESTABLISH METHODS OF NOTIFYING SERVICE RECIPIENTS OF HOW TO DIRECT COMPLAINTS TO THE BOARD; AND TO AMEND SECTION 40-75-200 OF THE 1976 CODE, RELATING TO A CLIENT'S RIGHT TO DISCLOSURE OF LICENSEE'S PROFESSIONAL QUALIFICATIONS, SO AS TO REQUIRE THE DISCLOSURE TO BE MADE PRIOR TO IMPOSITION OF A FEE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-75-40 of the 1976 Code is amended to read:
"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 2. Section 40-75-70 of the 1976 Code is amended to read:
"Section 40-75-70. (A) 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 use one of these titles 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 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.
(B) It is unlawful for any person to engage in the practice of counseling, as defined in Section 40-75-80, or to engage in the practice of marital and family therapy as defined in Section 40-75-90 without first obtaining a license issued by the board, or unless the person is licensed under other provisions of state law and the license authorizes such practice.
(C) It is unlawful for a person to obtain or attempt to obtain a license under this chapter by presenting false or forged evidence of qualifications or other fraudulent representation, or to disclose forged or fraudulent qualifications to a client.
(D) 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 not less than one hundred dollars nor more than one thousand dollars or by imprisonment not to exceed thirty days one year, or both, for each offense."
SECTION 3. Chapter 75, Title 40 of the 1976 Code is amended by adding:
"Section 40-75-95. Individuals in the following classifications who are performing services of a nature consistent with their training and which services are similar to those described in this chapter are exempt from the provisions of this chapter so long as they do not represent themselves by a title or description in the manner prescribed in Section 40-75-140:
(1) A nonresident person who renders services for no more than thirty days during any year, so long as the person is duly authorized to perform the activities and services under the laws of the state or county of his residence;
(2) Any rabbi, clergyman, or person of similar status who is a member in good standing of, and accountable to, a recognized denomination or religious organization and who is exercising ministerial responsibilities in the religious body, parish, church ministry, or institutional ministry with which he is associated;
(3) Employees of licensed hospitals in the State performing services similar to those described in this chapter so long as the services are performed within the course of and scope of their employment as an employee of the hospital. No regular employee of a licensed hospital in this State may be required under this chapter to be licensed as a condition of employment by such hospital or as a condition for the performance of services similar to those described in this chapter while employed in such hospital.
Nothing in this chapter may be construed to permit a person licensed under this chapter to practice medicine or to represent himself to the public as a psychologist unless he has been duly authorized to do so by other provisions of law. Lecturers from any school, college, agency, or training institution may utilize an academic, research, or job title when invited to present lectures to institutions or organizations."
SECTION 4. Section 40-75-140 of the 1976 Code is amended to read:
"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 at each location at which the licensee practices his profession."
SECTION 5. Section 40-75-160 of the 1976 Code is amended to read:
"Section 40-75-160. (A) The board may receive complaints by any person against a licensee or against any person who has unlawfully assumed to act as a licensee or against any person who has unlawfully engaged in the practice of counseling or marital and family therapy, as defined in this chapter, and may require the complaints to be submitted in writing specifying the exact charge or charges and to be signed by the complainant.
(B) 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.
(C) 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.
(D) 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.
(E) 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.
(F) 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.
(G) 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.
(H) Any final order of the board finding that a person is guilty of any offense charged in a formal accusation must become public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order. All final orders which are made public must be mailed to local, state, and national professional associations, and all firms or facilities with which the person is associated, states where the person has a license known to the board, and to any other source that the board wishes to furnish this information."
SECTION 6. Chapter 75, Title 40 of the 1976 Code is amended by adding:
"Section 40-75-165. (A) The board by regulation shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board. The board may provide for that notification:
(1) on each registration form, application, or written contract for services of an individual or entity licensed under this chapter;
(2) on a sign prominently displayed in each place of business of each individual or entity licensed under this chapter; or
(3) in a bill for service provided by an individual or entity licensed under this chapter.
(B) The board shall list along with its regular telephone number the toll-free telephone number that may be called to present a complaint about a licensee if the toll-free number is established under other law."
SECTION 7. Section 40-75-200 of the 1976 Code is amended to read:
"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. No licensee or person licensed under other provisions of state law authorizing the practice of counseling or marital and family therapy may charge a client or receive remuneration for professional counseling or marital and family therapy services unless, prior to the performance of those services, the client is furnished a copy of a statement of professional disclosure. The statement of professional disclosure shall include the licensee's address and telephone number, the services offered, the fee schedule, the licensee's educational training and professional credentials, the address and telephone number of the board, and such other provisions required by the board."
SECTION 8. This act takes effect upon approval by the Governor.