S*1118 Session 110 (1993-1994)
S*1118(Rat #0446, Act #0391) General Bill, By Drummond, Leventis, Peeler,
J.V. Smith and Washington
Similar(H 4643)
A Bill to amend Section 40-55-60, as amended, Code of Laws of South Carolina,
1976, relating to the code of ethics and scope of practice of psychology, so
as to delete the requirement that a copy of the code must be filed with the
Secretary of State and the requirement that a client receiving extended
psychotherapy must be referred to a physician for examination; to amend
Section 40-55-80, relating to licensure, so as to require an applicant to
provide references and that the Board may not request more than three
references and to further require an applicant to have completed two years of
supervised experience; to amend Section 40-55-130, relating to complaints, so
as to delete the requirement that a complaint must be submitted by affidavit
and to revise notice procedures; to amend Section 40-55-150, relating to
disciplinary grounds, so as to delete grounds relating to solicitation; to
amend Section 40-55-170, relating to violations, so as to authorize the Board
to bring actions for injunctions and to require the Attorney General to assist
with proceedings brought under this Chapter; and to reauthorize the State
Board of Examiners in Psychology for six years.-amended title
02/02/94 Senate Introduced and read first time SJ-5
02/02/94 Senate Referred to Committee on Medical Affairs SJ-5
02/24/94 Senate Committee report: Favorable with amendment
Medical Affairs SJ-13
03/01/94 Senate Read second time SJ-16
03/01/94 Senate Ordered to third reading with notice of
amendments SJ-16
03/02/94 Senate Amended SJ-22
03/03/94 Senate Amended SJ-22
03/03/94 Senate Read third time and sent to House SJ-22
03/07/94 House Introduced and read first time HJ-6
03/07/94 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-7
04/12/94 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-5
04/27/94 House Amended HJ-25
04/27/94 House Read second time HJ-26
04/28/94 House Debate adjourned HJ-315
05/03/94 House Read third time and returned to Senate with
amendments HJ-17
05/03/94 Senate Non-concurrence in House amendment SJ-20
05/04/94 House House recedes from its amendments HJ-4
05/04/94 Senate Ordered enrolled for ratification SJ-3
05/12/94 Ratified R 446
05/17/94 Signed By Governor
05/17/94 Effective date 05/17/94
05/31/94 Copies available
(A391, R446, S1118)
AN ACT TO AMEND SECTION 40-55-60, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CODE
OF ETHICS AND SCOPE OF PRACTICE OF PSYCHOLOGY, SO AS
TO DELETE THE REQUIREMENT THAT A COPY OF THE CODE
MUST BE FILED WITH THE Secretary of State AND THE
REQUIREMENT THAT A CLIENT RECEIVING EXTENDED
PSYCHOTHERAPY MUST BE REFERRED TO A PHYSICIAN FOR
EXAMINATION; TO AMEND SECTION 40-55-80, RELATING TO
LICENSURE, SO AS TO REQUIRE AN APPLICANT TO PROVIDE
REFERENCES AND THAT THE BOARD MAY NOT REQUEST MORE
THAN THREE REFERENCES AND TO FURTHER REQUIRE AN
APPLICANT TO HAVE COMPLETED TWO YEARS OF SUPERVISED
EXPERIENCE; TO AMEND SECTION 40-55-130, RELATING TO
COMPLAINTS, SO AS TO DELETE THE REQUIREMENT THAT A
COMPLAINT MUST BE SUBMITTED BY AFFIDAVIT AND TO
REVISE NOTICE PROCEDURES; TO AMEND SECTION 40-55-150,
RELATING TO DISCIPLINARY GROUNDS, SO AS TO DELETE
GROUNDS RELATING TO SOLICITATION; TO AMEND SECTION
40-55-170, RELATING TO VIOLATIONS, SO AS TO AUTHORIZE
THE BOARD TO BRING ACTIONS FOR INJUNCTIONS AND TO
REQUIRE THE Attorney General TO ASSIST WITH PROCEEDINGS
BROUGHT UNDER THIS CHAPTER; AND TO REAUTHORIZE THE
STATE BOARD OF EXAMINERS IN PSYCHOLOGY FOR SIX
YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
Code of ethics not required to be filed with Secretary of State
SECTION 1. Section 40-55-60 of the 1976 Code, as last amended by Act
484 of 1988, is further amended to read:
"Section 40-55-60. The board may adopt the code of ethics for
psychologists to govern the practices and conduct of psychologists licensed
under this chapter. Whenever important aspects of a case fall outside the
boundaries of the psychologist's competence, the psychologist shall consult
appropriate specialists. A psychologist may not attempt to diagnose,
prescribe for, treat, or advise a client with reference to complaints which
are outside the limits of psychological practice as determined by the board.
The board shall determine areas of specialization of the applicant to
practice psychology and inform the applicant of its decision. The board
shall publish a list of licensed psychologists which indicates areas of
practice authorized by the board."
Licensing requirements to require no more than three
references
SECTION 2. Section 40-55-80 of the 1976 Code is amended to read:
"Section 40-55-80. To be licensed as a psychologist a person
shall make application to the Board of Examiners in Psychology upon
forms and in such manner as prescribed by the board. A candidate for
licensure shall furnish the board with:
(1) references of individuals having personal knowledge of the
candidate's professional experience and competency and the board may not
require more than three references; and
(2) satisfactory evidence that the candidate:
(a) has had four years of combined academic training in psychology
and qualifying experience including a doctor's degree in psychology from
an educational institution which is accredited by a recognized regional
accrediting agency of colleges and universities and whose program is
accredited by a recognized national accrediting agency or meets criteria
established by the American Association of State Psychology Boards
(AASPB) or, in lieu of a doctor's degree in psychology, a doctor's degree in
a closely allied field if the board finds that the training obtained in that field
was substantially equivalent to that obtained in programs leading to the
doctor's degree in psychology;
(b) is competent in psychology as shown by passing the examination,
written or oral, as the board considers necessary;
(c) has completed two years of supervised experience as approved by
the board;
(d) is not engaged in unethical practices; and
(e) has not within the preceding six months failed an examination
given by the board.
However, the board may, without an assembled examination, accept
adequate evidence of qualifying degrees and experience and award a
license to practice psychology."
Complaint procedures
SECTION 3. Section 40-55-130 of the 1976 Code is amended to read:
"Section 40-55-130. (A) The board shall receive complaints by
any person against a licensed psychologist. Upon receipt of a complaint
the chairman or the chairman's designee shall investigate the allegations of
the complaint and make a report to the board concerning the investigation.
If the board proceeds further, it may file a formal accusation charging the
psychologist with a violation of a provision of this chapter. The accusation
must be signed by the chairman or other officer on behalf of the board.
When the accusation is filed, and the board sets a date for a hearing, the
chairman shall notify the accused in writing, not less than thirty days before
the hearing date, of the date fixed for the hearing and a true copy of the
accusation must be attached to the notice. The accused may appear and
show cause why his license should not be suspended, revoked, or restricted.
The accused has the right to be confronted with and to cross-examine the
witnesses against him and has the right to counsel. In instances where a
board member has made the initial investigation of a complaint, the board
member shall not sit with the board at the hearing of that complaint.
(B) Notice required by subsection (A) must be sent to the accused by
certified mail, return receipt requested, directed to the last mailing address
furnished to the board. The post office registration receipt signed by the
accused, the accused's agent, or a responsible member of the accused's
household or office staff or if not accepted by the person to whom
addressed, the postal authority's stamp showing the notice `Refused', is
prima facie evidence of service of the notice.
(C) All investigations and proceedings undertaken under the provisions
of this chapter are confidential.
(D) Every communication, whether oral or written, made by or on
behalf of a complainant to the board or its agents, or to a hearing panel or
member of a hearing panel, pursuant to this section whether by way of
complaint or testimony, is privileged; and no action or proceeding, civil or
criminal, may be brought against a person by whom or on whose behalf the
communication was made."
Deletion provisions relating to solicitation
SECTION 4. Section 40-55-150 of the 1976 Code is amended to read:
"Section 40-55-150. (A) The board may revoke, suspend, or
restrict the license or permit of a psychologist or reprimand a psychologist
when it is established that the psychologist is guilty of misconduct.
Misconduct is a satisfactory showing to the board that a license or permit
holder:
(1) has used a false, fraudulent, or forged statement or document or
has practiced a fraudulent, deceitful, or dishonest act in connection with a
license requirement;
(2) has been convicted of a felony or other crime involving moral
turpitude. Forfeiture of a bond or a plea of nolo contendere must be
considered the equivalent of a conviction;
(3) practiced psychology while under the influence of alcohol or drugs
to such a degree as to adversely affect the license or permit holder's ability
to practice psychology;
(4) uses alcohol or drugs to such a degree as to adversely affect the
license or permit holder's ability to practice psychology;
(5) has knowingly performed an act which in any way assists a person
to practice psychology illegally;
(6) has caused to be published or circulated directly or indirectly a
fraudulent, false, or misleading statement as to the skill or methods of
practice of a psychologist;
(7) has sustained physical or mental impairment or disability which
renders further practice by the license or permit holder dangerous to the
public;
(8) has violated the principles of ethics as adopted by the board and
published in its regulations;
(9) has engaged in conduct that is deceptive, fraudulent, or harmful to
the public;
(10) is guilty of obtaining fees or assisting in obtaining fees under
deceptive, false, or fraudulent circumstances;
(11) is guilty of the use of an intentionally false or fraudulent
statement in a document connected with the practice of psychology;
(12) has been found by the board to lack the professional competence
to practice psychology;
(13) has violated a provision of this chapter regulating the practice of
psychology.
(B) In addition to all other remedies and actions incorporated in this
chapter, the license of a psychologist adjudged mentally incompetent by a
court of competent jurisdiction must be automatically suspended by the
board until the psychologist is adjudged by a court of competent
jurisdiction or in any other manner provided by law as being restored to
mental competency."
Injunction procedures
SECTION 5. Section 40-55-170 of the 1976 Code is amended to read:
"Section 40-55-170. (A) A person who violates a provision of
this chapter is guilty of a misdemeanor and, upon conviction, must be fined
not less than one hundred dollars nor more than one thousand dollars. A
resident of the county in which a violation has been found to occur may
initiate injunction procedures to prevent the violation from continuing.
(B) The board may in its own name maintain a suit for an injunction
against a person who violates a provision of this chapter. The suit must be
commenced and prosecuted before an administrative law judge as provided
under Article 5, Chapter 23, Title 1. An injunction may be issued without
proof of actual damage sustained by a person. An injunction does not
relieve a person from criminal prosecution for violation of a provision in
this chapter. The South Carolina Department of Labor, Licensing, and
Regulation shall, if requested by the board, represent the board in
connection with legal proceedings undertaken pursuant to this
chapter."
Board reauthorized
SECTION 6. In accordance with Section 1-20-60 of the 1976 Code, the
existence of the State Board of Examiners in Psychology is reauthorized for
six years.
Time effective
SECTION 7. This act takes effect upon approval by the Governor.
Approved the 17th day of May, 1994. |