Current Status Bill Number:4564 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960207 Primary Sponsor:R. Smith All Sponsors:R. Smith, Mason, Sharpe and Clyburn Drafted Document Number:pfm\7904ac.96 Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Professional counselors, psychologists
Body Date Action Description Com Leg Involved
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House 19960207 Introduced, read first time, 27 H3M
referred to Committee
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TO AMEND TITLE 40, CHAPTER 75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL COUNSELORS, BY ADDING SECTION 40-75-95 SO AS TO EXEMPT FROM CHAPTER 75 CERTAIN PROFESSIONALS PERFORMING SERVICES SIMILAR TO PSYCHOLOGY SERVICES IF THE PERSON DOES NOT REPRESENT HIMSELF AS A PROFESSIONAL COUNSELOR; TO ADD SECTION 40-75-165 SO AS TO DIRECT THE BOARD TO PUBLICIZE THE MEANS BY WHICH COMPLAINTS MAY BE MADE; TO AMEND SECTION 40-55-70, RELATING TO THE UNAUTHORIZED USE OF THE TITLE "PSYCHOLOGIST", SO AS TO ALSO PROHIBIT AN UNLICENSED PERSON FROM PRACTICING AS A PSYCHOLOGIST; TO AMEND SECTION 40-75-40, AS AMENDED, RELATING TO INVESTIGATIONS OF COMPLAINTS, SO AS TO DELETE PROVISIONS RELATING TO PROCEDURES FOR INVESTIGATIONS AND HEARINGS; TO AMEND SECTION 40-75-70, RELATING TO THE UNAUTHORIZED REPRESENTATION AS A COUNSELOR, SO AS TO ALSO PROHIBIT THE USE OF CERTAIN TITLES, PRACTICING COUNSELING WITHOUT A LICENSE, AND UNLAWFULLY OBTAINING A LICENSE; TO AMEND SECTION 40-75-140, RELATING TO PRIVILEGES OF A LICENSEE AND DISPLAY OF LICENSES, SO AS TO REQUIRE DISPLAY AT EACH LOCATION WHERE THE LICENSEE PRACTICES; TO AMEND SECTION 40-75-160, RELATING TO COMPLAINTS, INVESTIGATIONS, AND HEARINGS, SO AS TO SET FORTH PROCEDURES AND TO REQUIRE NOTICE TO EMPLOYERS AND PROFESSIONAL ORGANIZATIONS WHEN A PERSON HAS VIOLATED THIS CHAPTER; AND TO AMEND SECTION 40-75-200, RELATING TO A CLIENT'S RIGHT TO DISCLOSURE OF A COUNSELOR'S QUALIFICATIONS, SO AS TO REQUIRE WRITTEN DISCLOSURE BEFORE A PERSON MAY CHARGE A FEE OR RECEIVE PAYMENT FOR COUNSELING SERVICES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-75-95. (A) An individual in one or more of these classifications who is performing services of a nature consistent with the individual's training and the services are similar to those described in this chapter is exempt from this chapter if the individual does not represent himself by a title or description in the manner prescribed in Section 40-75-140:
(1) A nonresident who renders services for no more than thirty days during a 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) A 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 the person is associated;
(3) An employee of a licensed hospital 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 the person's 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 the hospital or as a condition for the performance of services similar to those described in this chapter while employed in the hospital.
(B) 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 the person has been duly authorized to do so by other provisions of law. A lecturer from a school, college, agency, or training institution may utilize an academic, research, or job title when invited to present lectures to institutions or organizations."
SECTION 2. 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 a 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 an 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 also shall list 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 3. Section 40-55-70 of the 1976 Code is amended to read:
"Section 40-55-70. (A) It shall be is unlawful for any a person not licensed under this chapter to practice as a psychologist as provided for in Section 40-55-50 or to present himself or be presented to the public by any a title incorporating the name `psychologist', `psychological', or `psychology', except that any a psychological scientist employed by a recognized research laboratory, school, college, university, or governmental agency may represent himself by the academic or research title conferred by the administration of such the firm, institution or agency; and except that a person may represent himself or have himself represented as a psychologist, providing if he is a member of the American Psychological Association or of a regional association affiliated therewith with the American Psychological Association or is eligible for such membership. Provided However, nothing in this section shall may be construed as permitting such these persons to offer their services to the public or to accept remuneration for psychological services rendered to persons or organizations other than those firms, institutions, or agencies from which they receive their salaries unless they have been licensed under this chapter. Provided, further Additionally, psychologists may receive fees for lectures presented outside their regular employment setting without being licensed.
(B) Visiting lecturers from other states may also may employ their academic or research titles or the designation `psychologist' providing that if they are members of or eligible for membership in professional associations as stated in this section. Students of psychology, psychology interns, and other persons preparing for the profession of psychologist in recognized training institutions or facilities may be designated by titles such as including, but not limited to, `psychological trainee,', `psychological intern,', and other terms clearly indicating their training status. Psychologically trained individuals who do not meet requirements for licensing as provided in Section 40-55-80 are permitted to render psychological services when under the direct supervision of a licensed psychologist who assumes professional responsibility for the competence of services rendered and who keeps the Board informed of the nature and extent of such the services under his supervision."
SECTION 4. Section 40-75-40 of the 1976 Code, as last amended by Act 181 of 1993, is further 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 5. Section 40-75-70 of the 1976 Code is amended to read:
"Section 40-75-70. (A) It is unlawful for any a 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 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 a 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 this 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 A person violating this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine fined not to exceed less than one hundred dollars nor more than one thousand dollars or by imprisonment imprisoned not to exceed more than thirty days one year, or both, for each offense."
SECTION 6. Section 40-75-140 of the 1976 Code is amended to read:
"Section 40-75-140. Any A 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 7. 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 a person who has unlawfully represented himself as a licensee or against a 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 the investigation. In instances where a board member makes the initial investigation or complaint, he the board member 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 before 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 the person's 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 are confidential.
(D) Every A communication, whether oral or written, made by or on behalf of any a complainant to the board or its agents or any a 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 a 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 an investigation, inquiry, or proceeding under this chapter, the board or a person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of a 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 a person, an administrative law judge as provided for in 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) 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 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 for in 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 it considers proper. No bond may be required of the board by an administrative law judge as a condition to the issuance of an injunction or order contemplated by this section.
(H) A final order of the board finding that a person is guilty of violating a provision of this chapter or a regulation promulgated under this chapter must become public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order. A final order which is 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 8. 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, before performing these 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, services offered, a fee schedule, the licensee's educational training and professional credentials, the address and telephone number of the board, and other information as may be required by the board."
SECTION 9. This act takes effect upon approval by the Governor.