H 4377 Session 112 (1997-1998)
H 4377 General Bill, By Haskins, Bauer, Cato, Gamble, Kirsh, Leach, W. McLeod,
Moody-Lawrence, Riser, Sandifer, Spearman, Wilkins and Young-Brickell
Similar(S 951)
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 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 AS A
SPECIALIST IN SCHOOL PSYCHOLOGY ON JULY 1, 1998, 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".
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-34
01/13/98 House Referred to Committee on Labor, Commerce and
Industry HJ-34
02/11/98 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-2
02/17/98 House Objection by Rep. Baxley HJ-15
02/17/98 House Amended HJ-15
02/17/98 House Debate interrupted HJ-17
02/17/98 House Debate adjourned until Wednesday, February 18,
1998 HJ-18
02/17/98 House Member(s) added as co-sponsor(s): Rep(s) McLeod HJ-11
02/18/98 House Amended HJ-26
02/18/98 House Read second time HJ-27
02/19/98 House Read third time and sent to Senate HJ-9
02/19/98 House Objection withdrawn by Rep. Baxley HJ-30
02/24/98 Senate Introduced and read first time SJ-9
02/24/98 Senate Referred to Committee on Medical Affairs SJ-9
Indicates Matter Stricken
Indicates New Matter
AMENDED
February 18, 1998
H. 4377
Introduced by Reps. Haskins, Spearman, Kirsh, Wilkins, Bauer, Cato,
Gamble, Leach, Sandifer, Young-Brickell, Riser, Moody-Lawrence
and McLeod
S. Printed 2/18/98--H.
Read the first time January 13, 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
Specialists in School Psychology
Section 40-75-310. The Board of Examiners for the Licensure of
Professional Counselors, Associate Counselors, Marital and Family
Therapists and Specialists in School Psychology 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 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.
(D) School districts employing licensed specialists in school
psychology on a contractual basis during the school year may require,
upon contract renewal, notification of intent to perform school
psychology services in the private sector.
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 Specialists in School 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 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 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 40-75-340. 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 specialist in school psychology. An
applicant for license renewal shall present evidence satisfactory to the
board that continuing education requirements have been met.
Section 40-75-350. Notwithstanding the provisions of Section
40-75-330, 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 40-75-330 and may not be denied relicensure as long as the
person continues to comply with all other requirements of the article.
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 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 40-75-380. 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
specialists in school psychology.
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 specialists in school psychology 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 licensed specialist in school psychology to:
(1) have paid to a licensed specialist in school psychology 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 Specialists in
School Psychology (hereafter called the 'board'), composed of
eight nine members. The Governor shall appoint the
following members as follows:
(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 specialist in school
psychology;
(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
Specialist in School Psychology 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 specialist in school psychology 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 Specialists in School Psychology".
SECTION 5. This act takes effect July 1, 1998.
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