H 4643 Session 110 (1993-1994)
H 4643 General Bill, By Kirsh, Bailey, Boan, J. Brown and D.C. Waldrop
Similar(S 1118)
A Bill to amend Section 40-55-60, as amended, Code of Laws of South Carolina,
1976, relating to the scope of practice of psychology, so as to delete the
requirement that a client receiving extending 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.
02/01/94 House Introduced and read first time HJ-7
02/01/94 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-8
03/29/94 House Tabled in committee
A BILL
TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF
PRACTICE OF PSYCHOLOGY, SO AS TO DELETE 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:
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 and shall file a copy of the code with the
Secretary of State. Whenever important aspects of a case fall outside the
boundaries of the psychologist's competence, he the
psychologist shall consult appropriate specialists. Psychologists
who accept for extended psychotherapy any client who is not a medical
referral shall refer the client to a qualified physician who is a member of
the American Medical Society for a medical examination at any time as
the need for the psychotherapy becomes evident or within the first four
weeks of professional contact, except for clients seen by the
psychologist for psychological evaluation or marital counseling. 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 him the applicant of its decision. The board
shall publish a list of licensed psychologists which indicates areas of
practice authorized by the board."
SECTION 2. Section 40-55-80 of the 1976 Code is amended to read:
"Section 40-55-80. Any person wishing to
To be licensed as a psychologist a person shall make
application to the Board of Examiners in Psychology upon such
form forms and in such manner as shall be
prescribed by the board. A candidate for such license
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 he 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 such a
doctor's degree in psychology, a doctor's degree in a
closely allied field; provided, that if the board finds that
the training obtained therein in that field was
substantially equivalent to that obtained in programs leading to the
doctor's degree in psychology; provided, further, that candidates who
have earned a doctor's degree in a closely allied field by December 31,
1978, and who have completed sixty graduate hours of psychology or
psychology-related courses by that date in a college shall be eligible as
candidates for licensure under the same terms as candidates accepted
prior to June 1, 1978, upon making application and satisfactorily passing
the examination prior to December 31, 1982;
(b) is competent in psychology as shown by passing such
the examination, written or oral, as the board deems
considers necessary; (c) has completed two
years of supervised experience as approved by the board;
(c)(d) is not engaged in unethical practices;
and
(d)(e) has not within the preceding six months
failed an examination given by the board; provided, further,
that.
However, the board may in its discretion, without an
assembled examination, accept adequate evidence of qualifying degrees
and experience and award a license to practice psychology."
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 and shall
require the complaints to be submitted to it in the form of an
affidavit. Upon receipt of a complaint the chairman or his
the chairman's designee shall investigate the allegations of the
complaint and make a report to the board concerning his
the investigation. If the board shall then desire to
proceed proceeds further it may, in its discretion,
file a formal accusation charging the psychologist with a violation of a
provision of this chapter. The accusation shall must be
signed by the chairman or other officer on behalf of the board. When the
accusation is filed, and the board has set sets a
date for a hearing thereon, the chairman shall notify the accused
in writing, not less than thirty days prior to before the
hearing date, of the date fixed for the hearing and a true copy of the
accusation shall must be attached to the notice. The
accused may appear and show cause why his license should not be
suspended, revoked, or otherwise restricted. The accused
shall have has the right to be confronted with and to
cross-examine the witnesses against him and shall have
has the right to counsel. In instances where a board member has
made the initial investigation of a complaint, he the board
member shall not sit with the board at the hearing of such
that complaint.
(B) Such notice shall Notice required by
subsection (A) must be sent to the accused by registered
certified mail, return receipt requested, directed to his
the last mailing address furnished by to the
board. The post office registration receipt signed by the accused,
his the accused's agent, or a responsible member of
his the accused's household or office staff,
or, if not accepted by the person to whom addressed, the postal
authority's stamp thereon showing the notice `Refused', shall
be is prima facie evidence of service of such
the notice.
(C) All investigations and proceedings undertaken under
the provisions of this chapter shall be are confidential.
(D) Every communication, whether oral or written, made
by or on behalf of any a complainant to the board or its
agents, or any to a hearing panel or member
thereon of a hearing panel, pursuant to this section
whether by way of complaint or testimony, shall be is
privileged; and no action or proceeding, civil or criminal, shall lie
may be brought against any such a
person, by whom or on whose behalf such
the communication shall have been was
made, by reason thereof."
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 otherwise restrict the license or permit of
any a psychologist or reprimand him a
psychologist when it is established that he the
psychologist is guilty of misconduct. Misconduct shall be
is a satisfactory showing to the board of any of the
following that a license or permit holder:
(1) That any has used a false, fraudulent, or
forged statement or document has been used, and any or has
practiced a fraudulent, deceitful, or dishonest act has been
practiced by the holder of a license or certificate in connection with
any of the a license requirements
requirement.;
(2) That the holder of a license has been convicted of a
felony or any other crime involving moral turpitude. Forfeiture
of a bond or a plea of nolo contendere shall must be
considered as the equivalent of a conviction.;
(3) That the holder of a license practiced psychology
while under either the influence of alcohol or drugs to such a
degree as to adversely affect his the license or permit
holder's ability to practice psychology.;
(4) That the holder of a license uses alcohol or drugs to
such a degree as to adversely affect his the license or permit
holder's ability to practice psychology.;
(5) That the holder of a license has knowingly performed
any an act which in any way assists a person to practice
psychology illegally.;
(6) That the holder of a license has caused to be published
or circulated directly or indirectly any a fraudulent,
false, or misleading statements statement as to the skill
or methods of practice of any a
psychologist.;
(7) That the holder of a license has sustained any
physical or mental impairment or disability which renders further
practice by him the license or permit holder dangerous
to the public.;
(8) That the holder of a license has violated the principles
of ethics as adopted by the board and published in its rules or
regulations.;
(9) That the holder of a license has engaged in conduct
that is deceptive, fraudulent, or harmful to the public.;
(10) That the holder of a license is guilty of obtaining fees
or assisting in obtaining such fees under deceptive, false, or
fraudulent circumstances.;
(11) That the holder of a license is guilty of the use of
any an intentionally false or fraudulent statement in
any a document connected with the practice of
psychology.;
(12) That the holder of a license has been found by the
board to lack the professional competence to practice
psychology.;
(13) That the holder of a license has violated any
a provision of this chapter regulating the practice of
psychology.
(14) That the holder of a license has been guilty of hiring or
compensating a solicitor to obtain patronage.
(B) In addition to all other remedies and actions
incorporated in this chapter, the license of a psychologist adjudged
mentally incompetent by any a court of competent
jurisdiction shall must be automatically suspended by
the board until he the psychologist is adjudged by a
court of competent jursidiction or in any other manner provided by law
as being restored to mental competency."
SECTION 5. Section 40-55-170 of the 1976 Code is amended to read:
"Section 40-55-170. (A) Anyone violating the
provisions A person who violates a provision of this
chapter shall be deemed is guilty of a misdemeanor
and, upon conviction, shall must be
fined not less than one hundred dollars nor more than one thousand
dollars. Any A resident of the county in which
such a violation has been found to occur may initiate injunction
procedures to prevent such violations 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 office of the Attorney
General of South Carolina shall, if requested by the board, represent the
board in connection with legal proceedings undertaken pursuant to this
chapter."
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.
SECTION 7. This act takes effect upon approval by the Governor.
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