Current Status Bill Number:656 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970415 Primary Sponsor:McGill All Sponsors:McGill Drafted Document Number:res1321.jym Residing Body:Senate Current Committee:Labor, Commerce and Industry Committee 12 SLCI Subject:Professional Addictions Counselor Licensing Act, Alcohol, alcoholic beverages; Narcotics and Drugs; Labor
Body Date Action Description Com Leg Involved
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Senate 19970415 Introduced, read first time, 12 SLCI
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 76, SO AS TO ENACT THE "PROFESSIONAL ADDICTIONS COUNSELOR LICENSING ACT", TO PROVIDE FOR LICENSURE AND REGULATION BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO ESTABLISH LICENSE RENEWAL REQUIREMENTS FOR "PROFESSIONAL ADDICTIONS COUNSELORS AND PROFESSIONAL ADDICTIONS COUNSELOR SUPERVISORS"; TO DEFINE ACTS OF MISCONDUCT AND TO PROVIDE DISCIPLINARY ACTION AND PROCEDURES FOR MISCONDUCT, AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 40 of the 1976 Code is amended by adding:
Section 40-76-10. This chapter is known and may be cited as the `Professional Addictions Counselor Licensing Act.'
Section 40-76-20. Addictions counseling is a profession with its own distinct methodologies that distinguish it from other health and human service professions. The practice of addictions counseling consists of the application of general counseling theories and treatment methods adapted to specific alcohol and drug theory and research for the express purpose of treating alcohol and drug problems within our diverse society.
The practice of professional addictions counseling includes, but is not limited to the activities listed below. The practice of these activities shall conform to the individual's level of training, education and supervised experience and shall be implemented in the context of a professional addictions counseling relationship:
(1) clinical evaluation of alcohol and other drug issues, including screening of alcohol and drug problems, assessment of alcohol and drug problems, and diagnosis of alcohol and drug problems;
(2) treatment planning;
(3) referral;
(4) crisis intervention;
(5) case management, including implementing the treatment plan, consulting, continuing assessment, and treatment planning;
(6) counseling, including individual counseling, group counseling, and counseling for families and significant others;
(7) education and prevention, including client, family, community, and business & industry;
(8) documentation; and
(9) professional and ethical standards and responsibilities.
Section 40-76-30. As used in this chapter:
(1) `Advisory Panel' means the Advisory Panel for Professional Addictions Counselors under the Department of Labor, Licensing and Regulation.
(2) `Alcohol and drug counseling services' means those counseling 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 and other drugs. Alcohol and other drug counseling services are those defined in regulations promulgated by the department.
(3) 'Assessment' means the ongoing process through which the counselor collaborates with the client and others to gather information through the use of comprehensive assessment instruments that are sensitive to age, gender and culture and to interpret such information that is necessary for planning treatment and evaluating client progress.
(4) `Consumer of alcohol and drug abuse counseling services' means a person at risk of, or who is experiencing problems associated with, abuse or dependence on alcohol or other drugs or a family member, spouse, child or friend affected by alcohol or other drug abuse or dependence.
(5) `Department' means the Department of Labor, Licensing and Regulation.
(6) `Director' means the Director of the Department of Labor, Licensing and Regulation.
(7) `Disciplinary Panel' means the Disciplinary Panel for Professional Addictions Counselors under the Department of Labor, Licensing and Regulation.
Section 40-76 40. (A) There is created the Advisory Panel for Professional Addictions Counselors under the Department of Labor, Licensing and Regulation. The Advisory Panel consists of five members appointed by the Governor with the advice and consent of the Senate. The members of the Advisory Panel must be Licensed Professional Addictions Counselors and must have been engaged in the practice of counseling for not fewer than five consecutive years before appointment to the Advisory Panel. The Governor shall appoint the panel as follows:
The five professional members must represent the various geographic regions of the State (i.e. the Upstate, the Midlands, the Low Country, and the Pee Dee).
The membership must be representative of racial and ethnic minorities and of women.
The initial professional members must be eligible for licensure at the time of their appointment. All subsequent professional members must be licensed prior to appointment.
(B) Nominations for appointment to the Advisory Panel may be submitted to the Governor from any individual, group, or association.
(C) Members serve a term of four years and until their successors are appointed and qualify. No member may serve more than two full or partial terms. A vacancy on the Advisory Panel must be filled in the manner of the original appointment for the remainder of the unexpired term.
(D) The Governor may remove a member of the Advisory Panel in accordance with Section 1-3-240.
(E) Before entering upon the discharge of the duties of the office, an Advisory Panel member shall take and file with the Secretary of State in writing an oath to perform the duties of the office as a member of the Advisory Panel and to uphold the Constitution of this State and the United States.
(F) Members of the Advisory Panel must be compensated for their services at the usual rate for mileage, subsistence, and per diem as provided by law for members of State departments, committees, and commissions and must be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members of the Advisory Panel. Compensation and reimbursements paid to Advisory Panel members under this subsection must be paid as an expense of the Advisory Panel in the administration of this chapter.
Section 40-75-50. The duties of the Advisory Panel are to advise the department in the development of regulations, statutory revisions, and other matters as the department may request in regard to the administration of this chapter.
Section 40-75-60. (A) The Department of Labor, Licensing and Regulation may employ and establish compensation for personnel the Director considers necessary and appropriate for the administration of this chapter.
(B) Duties must be prescribed by the director and include, but are not limited to:
(1) maintaining and preserving records;
(2) receiving and accounting for all monies received by the department;
(3) issuing necessary notices to licensees;
(4) determining the eligibility of applicants for examination and licensure;
(5) examining applicants for licensure, to include but not limited to:
(a) prescribing the subjects, character, and manner of licensing examinations;
(b) preparing, administering, and grading the examination, or contracting for the preparation, administration and grading of the examination. Professional testing services may be utilized to formulate and administer examinations;
(6) license and renewal of the licenses of qualified applicants;
(7) evaluate and approve continuing education course hours and programs; and
(8) with the advice of the Advisory Panel, promulgate regulations to carry out this chapter, including but not limited to, establishing a code of ethics to govern the conduct and practice of persons licensed under this chapter.
Section 40-76-65. (A) There is created a Disciplinary Panel for the Licensure of Professional Addictions Counselors under the Department of Labor, Licensing and Regulation. The Disciplinary Panel consists of five members appointed by the Governor with the advice and consent of the Senate. Three of the members of the Disciplinary Panel must be Licensed Professional Addictions Counselors and must have been engaged in the practice of addictions counseling for not fewer than five consecutive years before appointment and must practice in this State. Two members of the Disciplinary Panel must be members of the general public who are not licensed addictions counselors and must not have any financial interest, direct or indirect, in the profession of addictions counseling.
(B) Nominations for appointment to the Disciplinary Panel may be submitted to the Governor from any individual, group, or association.
(C) Members serve a term of two years and until their successors are appointed and qualify. No member may serve more than two full or partial terms. A vacancy on the Disciplinary Panel must be filled in the manner of the original appointment for the remainder of the unexpired term.
(D) Before entering upon the discharge of the duties of the office, a Disciplinary Panel member shall take and file with the Secretary of State in writing an oath to perform the duties of the office as a member of the Disciplinary Panel and to uphold the Constitution of this State and the United States.
(E) Members of the Disciplinary Panel must be compensated for their services at the usual rate for mileage, subsistence, and per diem as provided by law for members of State departments, committees, and commissions and must be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members of the Disciplinary Panel. Compensation and reimbursements paid to Disciplinary Panel members under this subsection must be paid as an expense of the Disciplinary Panel in the administration of this chapter.
(F) The Governor may remove a member of the Disciplinary Panel in accordance with Section 1-3-240.
Section 40-76-70. The Disciplinary Panel must:
(1) conduct hearings on alleged violations of this chapter and regulations promulgated under this chapter;
(2) mediate consumer complaints where appropriate and possible; and
(3) discipline persons licensed under this chapter in accordance with the provisions of this chapter.
Section 40-76-80. The department shall charge and collect licensure fees as promulgated in regulation by the Advisory Panel.
Section 40-76-90. The department shall prepare and submit to the General Assembly an annual report on the administration of this chapter.
Section 40-76-100. It is unlawful for any person who is not licensed in the manner prescribed in this chapter to represent himself as a Licensed Professional Addictions Counselor 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, imprisonment or by both.
Section 40-76-110. To be eligible for a license issued by the department pursuant to this chapter:
(A) An applicant for licensure as a 'Licensed Professional Addictions Counselor' must have earned a doctoral or masters degree which is primarily professional counseling in content and includes clinical experience; and hold Level II Addictions Counselor Certification (CAC II), National Certified Addictions Counselor II (NCAC II), Master Addiction Counselor (MAC), or comparable certification issued through an International Certification Reciprocity Consortium/Alcohol & Other Drug Abuse (ICRC/AODA) approved certification board, or comparable certification issued through a certification board that has been approved by the Advisory Panel; and have had two years of full-time work experience following the receipt of the degree in an alcohol and drug counseling or in a clinical counseling setting that meets the requirements established by the department. The work experience shall include four thousand (4000) hours of direct alcohol and other drug clinical experience as defined by the department with either children, adolescents, or adults; one hundred fifty (150) of these hours must include individual clinical supervision, fifty (50) of which may be group clinical supervision. Documented clinical supervision hours must be provided by a clinical supervisor who has been approved by the Advisory Panel.
(B) An applicant for licensure as a 'Licensed Professional Addictions Counselor Supervisor' must have earned a doctoral or masters degree which is primarily professional counseling in content and includes clinical experience; and hold Level II Addictions Counselor Certification (CAC II), National Certified Addictions Counselor II (NCAC II), Master Addiction Counselor (MAC) or comparable certification issued through an International Certification Reciprocity Consortium/Alcohol & Other Drug Abuse (ICRC/AODA) approved certification board, or comparable certification issued through a certification board that has been approved by the Advisory Panel; and must have had five years of full-time work experience following the receipt of the degree in an alcohol and drug counseling or in a clinical counseling setting that meets the requirements established by the department and two years of documented work experience as a clinical supervisor. The work experience must include ten thousand (10,000) hours of direct alcohol and other drug clinical experience as defined by the department with either children, adolescents, or adults. The applicant must have successfully completed 36 hours of supervised clinical supervision activities under the supervision of a supervisor approved by the Advisory Panel.
(C) All degrees submitted as evidence of educational achievement must have been earned at regionally accredited institutions of higher learning. Acceptable supervised experience and the qualifications of the supervisor shall be determined by regulation.
Section 40-76-120. An application for licensure must be in writing under oath on a form prescribed by the department and accompanied by all applicable fees.
Section 40-76-130. An applicant for licensure must pass an examination prescribed by the department. An applicant for licensure who fails an examination may be reexamined as determined to be appropriate by the department.
Section 40-76-140. (A) If an applicant satisfies the licensure requirements and pays the applicable fees as provided for in this chapter, the department must 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 licensee is entitled to all rights and privileges of a 'Licensed Professional Addictions Counselor' or 'Licensed Professional Addictions Counselor Supervisor' while the license remains current and unrestricted.
(B) A licensee may use the title appearing on his license and the corresponding letters `LPAC' for a Licensed Professional Addictions Counselor or `LPACS' for a Licensed Professional Addictions Counselor Supervisor.
(C) A person licensed under this chapter must display their license in a prominent place in the person's place of practice.
Section 40-76-150. Upon application accompanied by a fee and without examination the department may issue a license to any person who has furnished satisfactory evidence of licensure as a Professional Addictions Counselor 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. The applicant must not have any ethical or legal charges or violations placed against the license.
Section 40-75-160. The department shall keep a record of the proceedings of each panel and shall maintain a registry of all applications for licensure. Except as otherwise specified by statute, the record of each panel's proceedings and the profession or occupation's registry of applicants must be open to public inspection and a copy of the registry must be provided upon request and payment of a fee. Records of each panel and the registry are prima facie evidence of required proceedings and a copy certified by the administrator or the director under seal is admissible as evidence with the same force and effect as the original.
Section 40-76-170. The department may annually prepare and publish a roster containing the names and places of businesses of all persons licensed under this chapter. A copy of the roster must be provided upon request and payment of a fee.
Section 40-76-180. (A) A person licensed under this chapter biennially must satisfy the following license renewal requirements in order to continue to practice as a Licensed Professional Addictions Counselor:
(1) pay the current renewal fee as prescribed by the department;
(2) submit evidence of compliance with continuing education requirements prescribed by the department in accordance with Section 40-76-190. A professional addictions counselor license automatically reverts to inactive status if the addictions counselor fails to timely comply with this subsection and may only be reinstated upon application and payment of any fees and after compliance with any additional requirements which the department may establish in regulation.
(B) A license which has been inactive for more than four years automatically expires if the person has not made application for renewal of the license. An expired license is null and void without any further action by the department.
Section 40-76-190. The Advisory Panel shall promulgate regulations establishing continuing education requirements and criteria for the approval of continuing education.
Section 40-76-200. If the director has reason to believe that a person licensed under this chapter has become unfit to practice addictions counseling, has violated a provision of this chapter or a regulation promulgated under this chapter, or if a written complaint is filed with the director charging the licensee with the violation of a provision of this chapter or a regulation, the director shall initiate an investigation in accordance with procedures established by the department. If after investigation it appears that probable cause exists for a hearing, a time and a place must be set by the Disciplinary Panel for a hearing to determine whether disciplinary action must be taken against the licensee. Notice must be given and the hearing conducted in accordance with the Administrative Procedures Act.
Section 40-76-210. For the purpose of a proceeding under this chapter, the Disciplinary Panel may administer oaths and, upon its own motion or request of any party, shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation including but not limited to any books, documents, or other tangible items, the identity and location of persons having knowledge of relevant facts, and any other matter reasonably calculated to lead to the discovery of material evidence. Upon failure to obey a subpoena or to answer questions propounded by the Disciplinary Panel, the Disciplinary Panel may apply pursuant to the Administrative Procedures Act to an administrative law judge for an order requiring the person to appear before the Disciplinary Panel, produce documentary evidence, and give other evidence concerning the matter under inquiry.
Section 40-76-220. (A) When the Disciplinary Panel or the department 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, in addition to all other remedies, it may order the person to immediately cease and desist from engaging in the conduct. If the person is practicing addictions counseling without being licensed under this chapter, the Disciplinary Panel or the department may also apply to an administrative law judge for a temporary restraining order prohibiting the unlawful practice. The administrative law judge may issue a temporary restraining order ex parte and the Disciplinary Panel or the department is not required to:
(1) post a bond;
(2) establish the absence of an adequate remedy at law; or
(3) establish that irreparable damage would result from the continued violation.
(B) No Disciplinary Panel member nor the Director of the Department of Labor, Licensing or Regulation nor any other employee of the department may be held liable for damages resulting from a wrongful temporary restraining order.
(C) In accordance with the South Carolina Rules of Civil Procedure, the Disciplinary Panel or the department may also seek from an administrative law judge other equitable relief to enjoin the violation or intended violation of this chapter or a regulation promulgated under this chapter.
Section 40-76-230. The following constitute misconduct and are grounds for the department to deny initial licensure to or the Disciplinary Panel to take disciplinary action against a person who:
(1) has used any false, fraudulent, or forged statement or document or committed any fraudulent, deceitful, or dishonest act in connection with any of the license requirements;
(2) has been convicted of a felony or any other crime involving moral turpitude (forfeiture of a bond or a plea of nolo contendere is the equivalent of a conviction);
(3) has practiced while under the influence of alcohol or drugs to such a degree as to affect adversely his ability to practice;
(4) has used alcohol or drugs to such a degree as to adversely affect his ability to practice;
(5) has knowingly performed any act which substantially assists a person to practice alcohol and drug counseling illegally;
(6) has caused to be published or circulated directly or indirectly any fraudulent, false, or misleading statements as to the skills or methods of practice of any licensee when malice is shown;
(7) has failed to provide and maintain reasonable sanitary facilities;
(8) has sustained any physical or mental impairment or disability which renders practice by him dangerous to the public;
(9) has violated the code of ethics as adopted by the department and published in its regulations;
(10) has obtained fees or assisted in obtaining fees under deceptive, false, or fraudulent circumstances;
(11) has intentionally used any false or fraudulent statement in any document connected with the practice of either professional addictions counseling or professional addictions counseling supervision;
(12) lacks the professional or ethical competence to practice;
(13) has violated any provision of this chapter;
(14) has used a solicitor or other person to obtain patronage;
(15) has practiced during the time his license has lapsed; or
(16) has a current license to practice as a Professional Addictions Counselor or Supervisor from another state or jurisdiction that has been revoked, canceled, suspended, or otherwise restricted.
In addition to all other remedies and actions incorporated in this chapter, the license of a person who has been adjudged mentally incompetent by any court of competent jurisdiction must be automatically suspended by the department until the licensee is adjudged competent by a court of competent jurisdiction.
Section 40-76-240. When investigating grounds for denying initial licensure or taking disciplinary action based upon an alcohol or drug addiction or a physical or mental disability that impairs the applicant's or the licensee's ability to practice, the department or the Disciplinary Panel upon reasonable grounds may:
(A) require an applicant or licensee to submit to a mental or physical examination, including a drug test, by physicians designated by the Disciplinary Panel. The results of an examination are admissible in a hearing before the Disciplinary Panel notwithstanding a claim of privilege under a contrary rule of law. A person who accepts the privilege of practicing addictions counseling in this State or who files an application for a license to practice addictions counseling in this State is deemed to have consented to submit to a mental or physical examination, including a drug test, and to have waived all objections to the admissibility of the results in a hearing before the Disciplinary Panel upon the grounds that the results constitute a privileged communication. If an applicant or licensee fails to submit to an examination when requested by the Disciplinary Panel, unless the failure was due to circumstances beyond the person's control, the Disciplinary Panel must enter an order automatically denying or suspending the license pending compliance and further order of the Disciplinary Panel. An applicant or licensee who is prohibited from practicing must be afforded within a reasonable time period an opportunity to demonstrate to the Disciplinary Panel the ability to resume or begin the practice of addictions counseling with reasonable skill and safety to patients;
(B) obtain records specifically relating to the mental or physical condition of an applicant or licensee who is the subject of an investigation authorized by this section, and these records are admissible in a hearing before the Disciplinary Panel notwithstanding any other provision of law. A person who accepts the privilege of practicing addictions counseling in this State or who files an application to practice addictions counseling in this State is deemed to have consented to the Disciplinary Panel obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the Disciplinary Panel upon the grounds that the records constitute a privileged communication. If a licensee or applicant refuses to sign a written consent for the Disciplinary Panel to obtain these records when requested by the Disciplinary Panel, unless the failure was due to circumstances beyond the person's control, the Disciplinary Panel must enter an order automatically denying or suspending the license pending compliance and further order of the Disciplinary Panel. An applicant or licensee who is prohibited from practicing addictions counseling must be afforded within a reasonable time period an opportunity to demonstrate to the Disciplinary Panel the ability to resume or begin the practice of addictions counseling with reasonable skill and safety to patients.
Section 40-76-250. (A) Upon a determination by the Disciplinary Panel that one or more of the grounds for discipline exists as described in Section 40-76-230, the Disciplinary Panel may:
(1) issue a nondisciplinary letter of caution;
(2) issue a public reprimand;
(3) impose a fine not to exceed five hundred dollars;
(4) place the licensee on probation, restrict the license, or suspend the license for a definite or indefinite time and prescribe conditions to be met during probation, restriction, or suspension, respectively, including but not limited to satisfactory completion of additional education of a supervisory period or of continuing education programs as may be specified; or
(5) permanently revoke the license.
(B) A decision by the Disciplinary Panel to discipline a licensee as authorized under this section must be made by a majority vote of the total membership of the Disciplinary Panel serving at the time the vote is taken.
(C) A final order of the department refusing to issue a license to an applicant or of the Disciplinary Panel disciplining a licensee, except for a private reprimand, is public information.
Section 40-76-260. A licensee who is under investigation for misconduct as defined in Section 40-76-230 for which the Disciplinary Panel may take disciplinary action may voluntarily surrender his license to the department. The voluntary surrender invalidates the license at the time of its relinquishment, and no person whose license is surrendered voluntarily may practice as an addictions counselor or addictions counselor supervisor until the Disciplinary Panel reinstates the license. A person practicing as an addictions counselor or an addictions counselor supervisor during the period of voluntary license surrender is considered an illegal practitioner and is subject to the penalties provided by this chapter. The surrender of a license may not be considered as an admission of guilt in a proceeding under this chapter. The surrender does not preclude the Disciplinary Panel from imposing conditions on the acceptance of the proffered surrender and does not preclude the Disciplinary Panel from taking disciplinary action against the licensee.
Section 40-76-270. A person aggrieved by an action of the Disciplinary Panel or the department may appeal the decision to an administrative law judge in accordance with the Administrative Procedures Act. Service of a notice of appeal does not stay the decision of the Disciplinary Panel or the department pending completion of the appellate process.
Section 40-76-275. (A) In an order issued in resolution of a disciplinary proceeding before the Disciplinary Panel, a licensee found in violation of this chapter may be directed to pay a sum not to exceed the reasonable cost of the investigation and prosecution of the case in addition to other sanctions.
(B) A certified copy of the actual costs or a good faith estimate of costs where actual costs are not available, signed by the Director or the Director's designee, is prima facie evidence of reasonable costs.
(C) Failure to make timely payment in accordance with the order results in the collection of costs in accordance with Section 40-76-290.
(D) The department may conditionally renew or reinstate for a maximum of one year the license of an individual who demonstrates financial hardship and enters into a formal agreement to reimburse the department within that one-year period for the unpaid costs.
Section 40-76-280. (A) Service of any notice provided for by law may be made upon a nonresident licensee or a resident licensee who becomes a nonresident or cannot be found at his usual abode or place of business in this State by leaving with the Director of the Department of Labor, Licensing and Regulation a copy of the notice and any accompanying documents. A copy of the notice, accompanying documents, and a certified copy of the service on the Director must be mailed to the licensee at his last known address, return receipt requested. The Director shall keep a record of the day of the service of the notice, and the return receipt must be attached to and made a part of the return of service of the notice by the department.
(B) A continuance may be granted in any hearing under this chapter for which notice is given pursuant to this section to provide the licensee with a reasonable opportunity to appear and be heard.
Section 40-76-290. (A) All costs as imposed under Section 40-76-275, and fines as imposed under Section 40-76-250 are due and payable immediately upon imposition. Unless the costs and fines are paid within sixty days after the order becomes final, the order constitutes a judgment and may be filed and executed upon in the same manner as a judgment in the court of common pleas, and the department may collect costs and attorney fees incurred in executing the judgment. Interest at the legal rate accrues on the amount due from the date imposed until the date paid.
(B) All fines and costs collected under this section must be remitted by the department to the State Treasurer and deposited in a special fund from which the department must be reimbursed for the administrative costs associated with investigations and hearings under this chapter.
Section 40-76-300. (A) Every communication, whether oral or written, made by or on behalf of a person to the Director or the Disciplinary Panel, whether by way of complaint or testimony, is privileged, and no action or proceeding, civil or criminal, may be brought against the person by or on whose behalf the communication is made, except upon - proof that the communication was made with malice.
(B) Nothing in this chapter may be construed to prohibit the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law.
Section 40-76-310. (A) It is unlawful for a person to:
(1) hold himself out as a Licensed Professional Addictions Counselor unless licensed under this chapter;
(2) permit an employed person to practice addictions counseling unless licensed under this chapter or is under the direct clinical supervision of a LPAC or another licensed practitioner of the healing arts;
(3) present the license of another as his own;
(4) allow the use of his license by an unlicensed person;
(5) give false or forged evidence to the department in obtaining a license under this chapter;
(6) falsely impersonate another license holder of like or different name;
(7) use or attempt to use a license that has been revoked;
(8) otherwise violate a provision of this chapter.
(B) The department may institute civil action in the circuit court in the name of the State for injunctive relief against any person violating the provisions of this chapter or the regulations or orders of the department or Disciplinary Panel. For each violation, the court may impose a fine of no more than one thousand dollars.
Section 40-76-320. Exemptions: Nothing in this chapter shall prevent individuals in the following classifications from performing the counseling functions within the provisions of this chapter so long as they do not represent themselves by a title or description in the manner prescribed in Section 40-76-140:
(A) Clergy: Any priest, rabbi, member of the clergy, Christian Science practitioner, or minister of the gospel of any denomination may perform counseling services as part of religious duties and in connection with a specific synagogue, church, temple or religious organization.
(B) Government and school employees: Any employee of federal, state or local government, or school district, may perform alcohol and drug counseling services within the school or agency setting if a license to practice is not required for employment.
(C) Other licensed counseling professionals: Any licensed counseling professional (LPC or LMFT), licensed psychologist, or licensed social worker may perform alcohol and drug counseling services as long as they perform those services within their scope of practice.
(D) Peer groups and self help groups: Any person may engage in or offer self-help assistance as part of peer support groups or self help organizations such as Alcoholics Anonymous (M) or Narcotics Anonymous (NA), M or NA sponsorship, or other uncompensated alcohol or other drug abuse/dependence services.
(E) Certified Addictions Counselors: Any persons who holds certification as an addictions counselor from the South Carolina Association of Alcoholism and Drug Abuse Counselors' Certification Commission or an ICRC approved certification board may perform alcohol and drug counseling services as long as that person works under the direct supervision of a LPAC or another licensed practitioner of the healing arts and has an approved work plan on file with the department.
Nothing in this chapter may be construed to permit a person licensed and/or certified 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 40-76-330. 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 department.
Section 40-76-340. During the first year following the effective date of this act, the department shall issue, without examination, the license of 'licensed Professional Addictions Counselor to any person who:
(1) documents having earned a doctorate or master's degree in addictions, counseling, psychology, social work, or related discipline from an accredited college; and has earned certification as a Level II Certified Addictions Counselor from the South Carolina Association of Alcoholism and Drug Abuse Counselors (SCAADAC) or comparable certification from an ICRC approved certification board; or
(2) documents having earned a master's degree in addictions, counseling, psychology, social work, or related discipline from an accredited college; and has earned the NCAC 11 certificate from the National Association of Alcoholism and Drug Abuse Counselors or comparable certification from an ICRC approved certification board; or
(3) has earned the Master Addictions Counselor (MAC) certificate from the National Association of Alcoholism and Drug Abuse Counselors; or
(4) has obtained substantially equivalent education and experience as defined in regulation and promulgated by the Advisory Panel, And in addition:
(1) has paid an application and licensing fee, and
(2) has completed any forms and procedures prescribed by the department.
During the first year following the effective date of this act, the department shall issue, without examination, the license of 'Licensed Professional Addictions Counselor Supervisor' to any person who:
(1) documents having earned a doctorate or master's degree in addictions, counseling, psychology, social work, or related discipline from an accredited college and has earned certification as a Level II Certified Addictions Counselor from the South Carolina Association of Alcoholism and Drug Abuse Counselors (SCAADAC) or comparable certification from an ICRC approved certification board; or
(2) documents having earned a master's degree in addictions, counseling, psychology, social work, or related discipline from an accredited college and has earned the NCAC 11 certificate from the National Association of Alcoholism and Drug Abuse Counselors or comparable certification from an ICRC approved certification board; or
(3) has earned the Master Addictions Counselor (MAC) certificate from the National Association of Alcoholism and Drug Abuse Counselors; and
(4) has at least five (5) years of documented experience as a Clinical Supervisor; and
(5) has completed thirty (30) hours or training in Clinical Supervision; or
(6) has been licensed as a supervisor by the Board of Examiners for Licensure of Professional Counselors & Marriage and Family Therapists.
SECTION 2. This act shall take effect upon approval by the Governor.