S 1415 Session 111 (1995-1996)
S 1415 General Bill, By Leventis
A Bill to amend Title 40, Code of Laws of South Carolina, 1976, by adding
Chapter 83 so as to provide for the licensure and regulation of
psychologist-masters.
05/15/96 Senate Introduced and read first time SJ-11
05/15/96 Senate Referred to Committee on Medical Affairs SJ-11
A BILL
TO AMEND TITLE 40, CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING CHAPTER 83 SO AS TO
PROVIDE FOR THE LICENSURE AND REGULATION OF
PSYCHOLOGIST-MASTERS.
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:
"CHAPTER 83
Psychologist-Masters
Section 40-83-10. For purposes of this chapter:
(1) `Practice of psychology' means rendering or offering to
render to individuals, groups, or organizations, for a consideration,
any psychological service involving the application of principles,
methods, and procedures of understanding, predicting, and
influencing behavior. The application of these principles and
methods includes, but is not limited to, assessment, diagnosis,
prevention, and amelioration of adjustment problems and emotional
and mental disorders of individuals and groups and hypnosis, and
the resolution of interpersonal and social conflicts.
(2) `Psychologist-master' or `practicing psychologist-master'
means a person who is licensed to practice psychology under this
chapter.
(3) `Board' means the Board of Psychology-Masters Examiners
established under this chapter.
(4) `Disciplinary action' or `disciplinary cases' includes action
taken by the board against a licensee or applicant premised upon a
finding of wrongdoing or unprofessional conduct by the licensee or
applicant. It includes all sanctions authorized under this chapter
except obtaining injunctions.
(5) `Unprofessional conduct' means conduct prohibited by
Section 40-83-190 or by other statutes relating to the practice of
psychology.
(6) `Financial interest' means being a:
(a) psychologist-master;
(b) person who deals in goods and services which are
uniquely related to the practice of psychology; or
(c) person who has invested anything of value in a business
which provides psychological services.
(7) `Institution of higher education' means a university,
professional school, or other institution of higher learning that:
(a) in the United States, is regionally accredited by bodies
approved by the Council on Post-Secondary Accreditation of the
United States Department of Education;
(b) in Canada, holds a membership in the Association of
Universities and Colleges of Canada; or
(c) in any other country, is accredited by the respective
official organization having this authority.
(8) `Professional psychology training program' means a
postgraduate training program that:
(a) is a planned program of study which reflects an
integration of the science and practice of psychology, including
practice and internship; and
(b) is accredited as a master's program in psychology by a
regionally accredited school of higher learning.
Section 40-83-20. (A) A person who is not licensed under this
chapter may not engage in the practice of psychology.
(B) A person who is not licensed under this chapter may not use
the title `psychologist-master' or any title which contains both
words.
(C) A person who violates subsection (A) or (B) is guilty of a
misdemeanor and, upon conviction, must be imprisoned not more
than two months or fined not more than five thousand dollars, or
both.
Section 40-83-30. The Attorney General shall enforce this
chapter, and shall seek and obtain from an administrative law judge
an order enjoining activity in violation of this chapter.
Section 40-83-40. This chapter does not apply to a person
engaged or acting in the discharge of duties:
(1) as a student of psychology, or preparing for the practice
of psychology provided that the person's title indicates his training
status and if the preparation occurs under the supervision of a
licensed practicing psychologist or psychologist-master in
recognized training institutions or facilities or in a training program
approved by the board;
(2) as a psychologist-master in an accredited academic
institution;
(3) as an employee of a governmental agency provided that
the person meets the qualifications for a psychologist-master
established under the state department of personnel regulations; or
in the discharge of the person's duties as an employee of a
governmental agency or community mental health agency provided
that the person is performing those duties under the supervision and
responsibility of a licensed practicing psychologist or
psychologist-master or a person qualified to obtain a license as a
psychologist or psychologist-master;
(4) as in a business, corporation, or research laboratory
provided that the person is performing those duties for which the
person is employed within the confines of the corporation or
organization, and provided that the corporation or organization does
not sell psychological services to the public for a fee;
(5) as a psychologist-master licensed or certified to practice
psychology in another state with requirements which are, in the
opinion of the board, substantially equivalent to those in effect in
this State, for a period not to exceed ten consecutive business days
or fifteen business days in any ninety-day period, if the person
resides and the person's major practice is outside this State, and if
the person gives the board a summary of his qualifications and a
minimum of ten days written notice of his intention to practice in
this State.
Section 40-83-50. (A) Nothing in this chapter shall prevent
licensed or certified members of other professional groups
including, but not limited to, physicians, nurses, osteopaths,
optometrists, dentists, lawyers, clergy, teachers, social workers,
mental health counselors, or consulting teachers from performing
their duties consistent with the accepted standards of their respective
professions; however, these persons may not describe themselves to
the public by any other title or description stating or implying that
they are psychologist-masters or are licensed to practice psychology.
(B) Nothing in this chapter may prevent guidance counselors,
ordained clergy in the employ of an established religious
denomination, alcohol counselors as approved by the Department of
Alcohol, Drug Abuse and Other Related Services, probation or
parole officers employed by the Department of Corrections or
Department of Juvenile Justice, or mental health professionals
employed by the Department of Mental Health or community
mental health centers from providing services and otherwise acting
within the scope of their employment.
Section 40-83-60. There is established the Board of
Psychology-Masters Examiners which consists of six members
appointed by the Governor, with the advice and consent of the
Senate. The board must be composed of two licensed psychologists,
two licensed psychologist-masters, and two other persons who are
consumers but neither of whom are psychologists or
psychologist-masters. The consumer members shall have no
financial interest in the practice of psychology, either personally or
through a spouse, parent, child, brother, or sister. At least one, but
not more than two, of the psychologists or psychologist-masters, or
both, shall represent the practice of psychology in an institution
within the Department of Mental Health. All members of the board
must be residents of South Carolina.
Section 40-83-70. (A) Each member of the board must be
appointed for a term of five years. A vacancy must be filled in the
manner of the original appointment for an unexpired term.
(B) No member shall serve consecutively more than one full
term.
Section 40-83-80. The Governor may remove any member of
the board as provided for in Section 1-3-240(B).
Section 40-83-90. The board shall elect from among its
members a chairman, vice-chairman, and secretary. The officers
shall serve terms of one year. The board shall hold at least two
regular meetings each year, but additional meetings may be held
upon the call of the chairman or at written request of any two
members of the board. Four members of the board constitute a
quorum and no action at any meeting may be taken without at least
three votes in accord.
Section 40-83-100. (A) The board shall establish the following
by regulation:
(1) a definition of the practice of psychology, interpreting
Section 40-83-10(1) as appropriate;
(2) qualifications for obtaining licensure, interpreting Sections
40-83-120 and 40-83-130 as appropriate;
(3) an explanation of significant rights given to applicants
and the public; and
(4) continuing education requirements.
(B) The board may:
(1) establish or approve continuing education programs;
(2) take or cause depositions to be taken as needed in any
investigation, hearing, or proceeding before it;
(3) receive assistance from the director of the Department of
Labor, Licensing and Regulation and from the Attorney General;
and
(4) annually submit a proposed budget to the director of the
Department of Labor, Licensing and Regulation.
The board may issue subpoenas and administer oaths in
connection with an authorized investigation, hearing, or proceeding
before it, and shall issue subpoenas at the request and on the behalf
of a person responding to a disciplinary action.
Section 40-83-110. Applicants and persons regulated under this
chapter shall pay the following fees:
(1) application for license $ 75.00;
(2) initial license issuance $ 40.00;
(3) biennial renewal of license $100.00.
Section 40-83-120. (A) A person desiring to obtain a license as
a psychologist-master shall apply to the board upon such form and
in such manner as the board prescribes and shall furnish evidence
satisfactory to the board that the person:
(1) is at least 18 years of age;
(2) is not engaged in unprofessional conduct;
(3) has had two years of experience, or the equivalent, in the
practice of clinical psychology under the supervision of a person
who is licensed or who is qualified to be licensed under this
chapter;
(4) is in compliance with the requirements set forth in
Section 40-83-130;
(5) has successfully completed each examination that is
required pursuant to Section 40-83-160; and
(6) possesses a master's degree in psychology obtained
through a professional psychology training program awarded by an
institution of higher education;
(B) In exceptional cases, the board may waive any requirement
of this section if, in its judgment, the application demonstrates
appropriate qualifications.
Section 40-83-130. A person may obtain a license as a
psychologist-master upon meeting the requirements of Section
40-83-120 and passing the required examination, provided the
person has received a master's degree in psychology from an
accredited educational institution or a master's degree deemed
substantially equivalent by the board.
Section 40-83-140. (A) Until one year from the appointment of
the board, an applicant for certification and licensure may, in lieu of
the requirements established in Section 40-83-120, qualify for
licensure by demonstrating to the satisfaction of the board that the
applicant is presently practicing and has practiced in the field of
psychology or mental health counseling within South Carolina for a
minimum of four years.
(B) Persons licensed under this section are subject to the
requirements of this chapter, except those in Section 40-83-120.
(C) No current employee or agent of the State employed by or
with the State on or before January 1, 1992, who is currently
practicing in the field of psychology or mental health counseling
may be denied licensure by the board as long as the employee or
agent remains employed by or with the State and as long as they
comply with all other requirements of this chapter excepting those
in Section 40-83-120.
Section 40-83-150. If a licensee has a principal place of business,
a license must be prominently displayed at that place.
Section 40-83-160. (A) The board shall conduct examinations
under this chapter at least twice a year at a time and place
designated by it; however, examinations need not be conducted at
times when there are no applicants requesting to be examined.
Examinations may be written or oral as determined by the board. In
any written examination each applicant must be designated by a
number so that the applicant's name is not disclosed to the board
until the examinations have been graded. Examinations shall include
questions in such theoretical and applied fields as the board
considers most suitable to test an applicant's knowledge and
competence to engage in the practice of psychology. An applicant
must be held to have passed an examination upon the affirmative
vote of a least four members of the board.
(B) Examinations administered by the board and its procedures
of administration must be fair and reasonable and must be designed
and implemented to ensure that all applicants are admitted to
practice if they demonstrate that they possess the minimal
occupational qualifications which are consistent with the public
health, safety, and welfare. They may not be designed or
implemented for the purpose of limiting the number of licensees.
(C) If a licensee has a principal place of business, a license must
be prominently displayed at that place.
Section 40-83-170. The board may at any time issue a license,
upon payment of the required fee, if the applicant presents evidence
that the applicant is licensed or certified to practice psychology in
another state in which the requirements for licensing or
certification, in the judgment of the board, are essentially equivalent
to those required by this chapter and the regulations of the board.
Section 40-83-180. (A) Licenses must be renewed every two
years upon payment of the required fee.
(B) Two months before the expiration of the license, the director
of the Department of Labor, Licensing and Regulation shall forward
to the holder a form or application of renewal. Upon the receipt of
the completed form and renewal fee, the director shall issue a new
license.
(C) An application for renewal of a license which has expired
shall in addition require the payment of a reinstatement fee. A
person reinstating may not be required to pay renewal fees for the
years during which the license was lapsed.
(D) As a condition of renewal, the board may require that
licensees establish that they have satisfied continuing education
requirements established by regulation.
(E) The board may revoke a license after opportunity for
hearing if it has been lapsed for five years.
Section 40-83-190. Unprofessional conduct includes:
(1) fraudulent or deceptive procuring or use of a license;
(2) wilfully making or filing false reports or records in the
practice of psychology, wilfully impeding or obstructing the proper
making or filing of reports or records, or wilfully failing to file the
proper report or record;
(3) advertising which is intended or has a tendency to deceive
the public;
(4) exercising undue influence on or taking improper
advantage of a person using psychological service, or promoting the
sale of services or goods in a manner which exploits a person for
the financial gain of the practitioner or of third party;
(5) failure to comply with statutes governing the practice of
psychology;
(6) conviction of a crime related to the practice of
psychology;
(7) failing to make available, upon written request of a person
using psychological services to succeeding health care professionals
or institutions, copies of that person's records in the possession or
under the control of the licensee;
(8) practicing psychology when medically or psychologically
unfit to do so;
(9) failing to use a complete title in professional activity;
(10) conduct which evidences moral unfitness to practice
psychology;
(11) gross or repeated malpractice;
(12) engaging in sexual intercourse or other sexual conduct
with a person with whom the licensee has had a professional
relationship within the previous two years;
(13) harassing, intimidating, or abusing a client or patient;
(14) entering into a personal, scientific, financial, or any other
relationship that might impair the psychologist-master's objectivity
or otherwise interfere with the psychologist-master's professional
obligation.
Section 40-83-200. (A) After giving opportunity for a hearing,
the board may take disciplinary action against a licensee or
applicant found guilty of unprofessional conduct.
(B) In connection with any disciplinary action, the board may:
(1) refuse to accept the return of a license tendered by the
subject of a disciplinary investigation;
(2) refuse to license a person who has been found guilty or
who is under investigation in another jurisdiction for an offense
which would constitute unprofessional conduct in this State;
(3) issue warnings to a licensee;
(4) suspend, revoke, or reinstate licenses;
(5) notify relevant state, federal, and local agencies and
appropriate bodies in other states of the status of any pending or
completed disciplinary case against an applicant or licensee if the
board has taken disciplinary action against that person or the board
had made a finding after opportunity for hearing that there is
probable cause to believe that disciplinary action is warranted; and
(6) require restitution of fees received from a complainant.
(C) The board shall investigate all complaints and charges of
unprofessional conduct against any licensee. The board may not
discontinue a pending investigation or disciplinary case by reason of
the absence of the applicant or licensee from the State.
Section 40-83-210. (A) The board shall maintain a register of all
complaints resulting in disciplinary action; the register shall contain
the following information which must be available to the public:
(1) the name and business address of the licensee;
(2) a summary of evidence presented at any hearing;
(3) the action taken and the date of the action;
(4) any minority reports by board members; and
(5) significant subsequent events including the filing of
appeal and the action of an appeals body.
(B) The board shall provide to a licensee all information in its
possession concerning that licensee."
SECTION 2. This act takes effect upon approval by the
Governor.
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