H 4655 Session 111 (1995-1996)
H 4655 General Bill, By Haskins, J. Brown, Davenport, Littlejohn, Rice,
P.H. Thomas, Whatley, Young-Brickell and W.J. Young
A Bill to amend Title 40, Code of Laws of South Carolina, 1976, relating to
professions and occupations, by adding Chapter 81 so as to create the State
Board of Examiners in School Psychology, to provide for its powers and duties,
and to further provide for the licensure and regulation of school
psychologists.
02/22/96 House Introduced and read first time HJ-1
02/22/96 House Referred to Committee on Judiciary HJ-2
A BILL
TO AMEND TITLE 40, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO PROFESSIONS AND
OCCUPATIONS, BY ADDING CHAPTER 81 SO AS TO
CREATE THE STATE BOARD OF EXAMINERS IN SCHOOL
PSYCHOLOGY, TO PROVIDE FOR ITS POWERS AND
DUTIES, AND TO FURTHER PROVIDE FOR THE LICENSURE
AND REGULATION OF SCHOOL PSYCHOLOGISTS.
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 81
School Psychologists
Section 40-81-20. There is created the State Board of
Examiners in School Psychology to be composed of seven members
including three licensed school psychologists in private or
mainstream practice, two school psychologist faculty members from
state institutions providing academic training in school psychology
and offering a master's degree plus thirty hours or higher, one
school-based school psychologist, and one lay member.
Section 40-81-30. (A) Members of the board must be
appointed by the Governor with the advice and consent of the
Senate. The South Carolina Association of School Psychologists
and any group, association, or individual may nominate qualified
individuals to the Governor for consideration. Members serve
five-year terms and until their successors are appointed and qualify.
Members may not serve more than two consecutive terms. A
vacancy must be filled by appointment by the Governor using the
same criteria as outlined in this chapter for the unexpired portion of
the term. The membership of the board must be representative of
racial and ethnic minorities, gender, and level of academic degree.
The six professional licensed members must have been actively
engaged in the practice of school psychology or in the education
and training of professional school psychologists for at least five
years before appointment.
(B) A member may receive mileage, expenses, subsistence, and
per diem as provided by law for members of state boards,
committees, and commissions.
Section 40-81-40. The board shall:
(1) at the first board meeting in each calendar year elect from
the professional membership a president, a secretary, and any other
officer it considers necessary. At least one meeting must be held
each year and additional meetings as called by the president and
any two board members. A majority of the members of the board
constitutes a quorum;
(2) adopt a seal which must be affixed to all licenses and
official documents issued by the board;
(3) promulgate in regulation fees for application, initial
license, renewal of license, and reinstatement of license. No fee in
excess of two hundred dollars may be established by the board.
(4) keep a record of all proceedings of the board;
(5) issue licenses as school psychologists to all applicants
who satisfy the requirements for licensure outlined in this chapter;
(6) publish an updated list of licensees each year;
(7) file an annual report with the State Budget and Control
Board pursuant to Section 40-73-20;
(8) promulgate regulations to carry out the provisions of this
chapter.
Section 40-81-50. (A) The practice of school psychology
means the utilization of a unique blend of training incorporating
skills and knowledge of psychology and education to provide
services to address the educational, personal, and social needs of
children, adolescents, and others through assessment, intervention,
consultation, counseling, information and referral, planning,
training, and supervision in return for compensation. School
psychology practice includes, but is not limited to, utilizing the
knowledge and skills of professional school psychologists to:
(1) conduct diagnostic and prescriptive assessments of
individual needs using formal and informal psychoeducational
measurement techniques including standardized measures of
intelligence, aptitude, achievement, skills, development, personality
traits, personal and social adjustment, interest, functional
assessment, direct observation, interviews with parents, teachers,
and other professionals, family histories, ecological data,
criterion-referenced measures, and curriculum-based assessment.
(2) interpret assessment data and design and, when
appropriate, provide interventions as indicated by the information;
(3) participate in instructional support and intervention teams;
(4) provide group and individual counseling regarding
educational, personal, and social concerns, adjustment, and
development;
(5) evaluate information and determine the need for referral
to appropriate specialists and supportive services;
(6) provide consultation to clients, parents, teachers, school
administrators, school systems, or professional colleagues;
(7) assist in designing, planning, and developing instructional
programs and curriculum;
(8) supervise the work of other school psychologists.
(B) Whenever important aspects of a case fall outside of a
school psychologist's competence, appropriate specialists must be
consulted as indicated and referral must be made. A school
psychologist must not attempt to diagnose, prescribe for, treat, or
advise a client with reference to a complaint which is outside of the
scope of the practice of school psychology.
Section 40-81-60. It is unlawful for a person who is not
qualified and licensed in the manner prescribed in this chapter to
use the title `school psychologist'. School psychologists employed
in public school systems who are certified by the State Department
of Education at level I, II, or III may use the title `school
psychologist' but may not claim licensure if not licensed. A person
violating this section is guilty of a misdemeanor and, upon
conviction, must be fined not more than one thousand dollars or
imprisoned not more than thirty days, or both.
Section 40-81-70. The board shall promulgate as regulations the
code of ethics for school psychologists which is established and
published by the National Association of School Psychologists in
the Professional Conduct Manual.
Section 40-81-80. An applicant for licensure shall complete
procedures for application as prescribed by the board. A candidate
must furnish the board with satisfactory evidence that the candidate:
(1) holds a master's degree plus thirty hours, a sixty-hour
master's degree, a specialist's degree, or a doctorate in school
psychology from an institution of higher learning 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 from a degree program which the
board finds to be substantially equivalent;
(2) is certified by the State Department of Education at level
II or III;
(3) has served for at least five years as a school psychologist
in a school psychology setting;
(4) has achieved a satisfactory score on the national school
psychology examination developed by the Educational Testing
Service, Princeton, New Jersey, as prescribed by the board or holds
the National School Psychology Certification Board certification as
a Nationally Certified School Psychologist.
Section 40-81-90. An applicant who is practicing school
psychology within this State and who holds South Carolina
Department of Education certification at level II or III at the time
of the appointment of the board must be qualified for licensure with
completion of five years as a school psychologist in a school
psychology setting. Persons so licensed shall be subject to all
provisions of this chapter except Section 40-81-80 and shall not be
denied relicensure as long as they continue to comply with all the
other requirements of the chapter. Following the creation of the
school psychology licensure board, an applicant who is practicing
school psychology in the State has ninety days to apply for
licensure. The board will consider all applications within one
calendar year of its formation.
Section 40-81-100. (A) A license issued under this chapter must
be renewed every year upon the payment of a renewal fee and upon
the fulfillment of continuing professional development requirements
as determined by board in regulation.
(B) A licensee who fails to renew a license as provided in this
section may be reinstated by the board upon satisfactory explanation
by the licensee of the reason for the failure to renew and upon
payment of a reinstatement fee and the current renewal fee. If a
license is allowed to lapse for more than one year, the board may
impose further educational requirements for reinstatement.
Section 40-81-110. Upon application accompanied by the
required fee, the board may issue a license to a person who has
furnished satisfactory evidence of licensure 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 in the opinion of the board, and there
is evidence of a reciprocity agreement.
Section 40-81-120. A person is regarded as a `licensed school
psychologist' within the meaning of this chapter who meets the
qualifications and requirements prescribed in this chapter and who
is registered and licensed by the board. A license holder or licensee
may use the title `licensed school psychologist' and the letters
`LSP' following his or her name. A license holder shall display the
license in a prominent place at each place of practice.
Section 40-81-130. (A) The board shall receive complaints by a
person against a school psychologist and shall require the
complaints to be submitted in writing specifying the exact charge or
charges and to be signed by the complainant. Upon receipt of a
complaint, the secretary, or other person designated by the
president, shall investigate the allegations in the complaint and
make a report to the board concerning the investigation. In
instances where a board member makes the initial investigation or
complaint, that member may not sit with the board at the hearing of
the complaint. If the board desires to proceed further, it may file a
formal accusation charging the licensee with a violation of this
chapter. The accusation must be signed by the president on behalf
of the board. When the accusation is filed, and the board has set a
date and a place for a hearing on the accusation, the secretary, or
other person designated by the president, shall notify the accused in
writing no less than thirty days before the hearing and a copy of
the accusation must be attached to the notice. The notice must be
served personally or sent to the accused by registered mail, return
receipt requested, directed to the licensee's last mailing address
furnished to the board. The post office registration receipt signed
by the accused, an acceptable 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 stamp showing the notice
refused is prima facie evidence of service of the notice.
(B) The accused may appear and show cause why the license
should not be suspended or revoked or why other disciplinary
action should not be taken. The accused has the right to be
confronted with and to cross-examine the witnesses against him and
has the right to counsel. For the purposes of these hearings, the
board may require by subpoena the attendance of witnesses and the
production of documents and other evidence and may administer
oaths and hear testimony, either oral or documentary, for and
against the accused. All investigations, inquiries, and proceedings
undertaken under this chapter are confidential.
(C) A communication, whether oral or written, made by or on
behalf of a complainant to the board or its agents or a member of
the board pursuant to this chapter, whether by way of complaint or
testimony, is privileged and no action or proceeding, civil or
criminal, may lie against a person by whom or on whose behalf the
communication is made, except upon proof that the communication
was made with malice.
(D) Nothing in this chapter prohibits the respondent or the
respondent's legal counsel from exercising the respondent's
constitutional right of due process under the law or prohibits the
respondent from normal access to the charges and evidence filed
against the respondent as a part of due process under the law.
Section 40-81-140. (A) The board may revoke, suspend, or
restrict the license of a school psychologist or reprimand or
otherwise apply discipline when it is established that the licensee is
guilty of an act of misconduct as defined in this section.
Misconduct occurs when there is a satisfactory showing to the board
that a licensee has:
(1) uttered a false or fraudulent statement, forged a document,
or committed or practiced a fraudulent, deceitful, or dishonest act in
connection with license requirements;
(2) been convicted of a felony or another crime involving
moral turpitude. Forfeiture of bond or a plea of nolo contendere is
considered the equivalent of a conviction;
(3) practiced while under the influence of alcohol or drugs to
a degree as to adversely affect the ability to practice;
(4) used and continues to use alcohol or drugs to a degree as
to adversely affect the ability to practice;
(5) knowingly performed an act which in any way assists a
person to practice school psychology illegally;
(6) caused to be published or circulated, directly or indirectly,
fraudulent, false, or misleading statements as to the skills or
methods of practice of a school psychologist when malice is shown;
(7) failed to provide and maintain reasonable sanitary
facilities;
(8) sustained physical or mental impairment or disability
which renders further practice by the licensee dangerous to the
public;
(9) violated the code of ethics promulgated by the board in
regulation;
(10) obtained fees or assisted in obtaining fees under
deceptive, false, or fraudulent circumstances;
(11) used an intentionally false or fraudulent statement in a
document connected with the practice of school psychology;
(12) been found by the board to lack the professional
competence to practice school psychology;
(13) violated a provision of this chapter or a regulation
promulgated under this chapter regulating practice of school
psychology;
(14) practiced during a time when licensure has lapsed.
(B) In addition to all other remedies and actions incorporated in
this chapter, the license of a school psychologist adjudged mentally
incompetent by a court of competent jurisdiction automatically must
be suspended by the board until adjudged competent by a court of
competent jurisdiction.
Section 40-81-150. (A) If the board is satisfied that the school
psychologist is guilty of an offense charged in the formal accusation
provided for in this chapter, it shall revoke or suspend the license
or reprimand or restrict the licensee or otherwise administer
discipline by taking reasonable action short of revocation or
suspension including, but not limited to, requiring the licensee to
undertake additional professional training subject to the direction
and supervision of the board. The board also may impose other
restraints upon the licensee as circumstances warrant until the
licensee demonstrates to the board adequate professional
competence. In all cases where disciplinary action is taken by the
board, written notice of the action must be mailed by the board to
the licensee's last known address as provided to the board.
(B) A final order of the board finding that the school
psychologist is guilty of an offense charged in a formal accusation
becomes public knowledge except for a final order dismissing the
accusation or determining that a private reprimand is in order. A
final order which is made public must be mailed to local and state
professional associations, all firms or facilities with which the
licensee is associated, states where the licensee has a license known
to the board, and to any other source to which the board wishes to
furnish this information.
(C) A decision by the board to revoke or suspend a license or to
reprimand or restrict a licensee or otherwise administer discipline
must be made by a majority vote and is subject to review by an
administrative law judge as provided under Article 5 of Chapter 23
of Title 1 upon a petition filed by the licensee with the court and a
copy served upon the secretary of the board within thirty days from
the date of delivery of the board's decision to the licensee.
Section 40-81-160. Nothing in this chapter may be construed to
prevent members of the clergy and licensed, registered, certified, or
qualified professionals including, but not limited to, physicians,
teachers, nurses, other psychologists, social workers, and attorneys
from practicing their profession and delivering similar services
within the scope of their respective practices provided they do not
hold themselves to be school psychologists as defined under this
section. Students who are enrolled in recognized programs of study
leading to degrees in school psychology may practice in internships
in schools under the supervision of appropriately qualified, certified,
or licensed school psychologists under this chapter.
Section 40-81-170. No member of the board or its committees,
special examiners, agents, or employees may be liable for acts
performed in the course of official duties except where actual
malice is shown."
SECTION 2. The initial professional appointees to the State
Board of Examiners in School Psychology, as provided for in
Section 40-81-20 of the 1976 Code, as added by Section 1 of this
act, must be eligible for licensure at the time of appointment.
SECTION 3. This act takes effect upon approval by the
Governor.
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