S 656 Session 112 (1997-1998)
S 0656 General Bill, By McGill
A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 76, SO AS TO ENACT THE
"PROFESSIONAL ADDICTIONS COUNSELOR LICENSING ACT", TO PROVIDE FOR LICENSURE
AND REGULATION BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO
ESTABLISH LICENSE RENEWAL REQUIREMENTS FOR "PROFESSIONAL ADDICTIONS COUNSELORS
AND PROFESSIONAL ADDICTIONS COUNSELOR SUPERVISORS"; TO DEFINE ACTS OF
MISCONDUCT AND TO PROVIDE DISCIPLINARY ACTION AND PROCEDURES FOR MISCONDUCT,
AND TO PROVIDE PENALTIES.
04/15/97 Senate Introduced and read first time SJ-8
04/15/97 Senate Referred to Committee on Labor, Commerce and
Industry SJ-8
A BILL
TO AMEND TITLE 40, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO PROFESSIONS AND
OCCUPATIONS, BY ADDING CHAPTER 76, SO AS TO ENACT
THE "PROFESSIONAL ADDICTIONS COUNSELOR
LICENSING ACT", TO PROVIDE FOR LICENSURE AND
REGULATION BY THE DEPARTMENT OF LABOR,
LICENSING AND REGULATION, AND TO ESTABLISH
LICENSE RENEWAL REQUIREMENTS FOR
"PROFESSIONAL ADDICTIONS COUNSELORS AND
PROFESSIONAL ADDICTIONS COUNSELOR
SUPERVISORS"; TO DEFINE ACTS OF MISCONDUCT
AND TO PROVIDE DISCIPLINARY ACTION AND
PROCEDURES FOR MISCONDUCT, AND TO PROVIDE
PENALTIES.
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 76
Professional Addictions Counselors
Section 40-76-10. This chapter is known and may be cited as the
`Professional Addictions Counselor Licensing Act.'
Section 40-76-20. Addictions counseling is a profession with its
own distinct methodologies that distinguish it from other health and
human service professions. The practice of addictions counseling
consists of the application of general counseling theories and
treatment methods adapted to specific alcohol and drug theory and
research for the express purpose of treating alcohol and drug
problems within our diverse society.
The practice of professional addictions counseling includes, but is
not limited to the activities listed below. The practice of these
activities shall conform to the individual's level of training, education
and supervised experience and shall be implemented in the context
of a professional addictions counseling relationship:
(1) clinical evaluation of alcohol and other drug issues, including
screening of alcohol and drug problems, assessment of alcohol and
drug problems, and diagnosis of alcohol and drug problems;
(2) treatment planning;
(3) referral;
(4) crisis intervention;
(5) case management, including implementing the treatment plan,
consulting, continuing assessment, and treatment planning;
(6) counseling, including individual counseling, group counseling,
and counseling for families and significant others;
(7) education and prevention, including client, family, community,
and business & industry;
(8) documentation; and
(9) professional and ethical standards and responsibilities.
Section 40-76-30. As used in this chapter:
(1) `Advisory Panel' means the Advisory Panel for Professional
Addictions Counselors under the Department of Labor, Licensing and
Regulation.
(2) `Alcohol and drug counseling services' means those
counseling services offered for a fee as part of the treatment and
rehabilitation of persons abusing or dependent upon or affected by
alcohol or other drugs and of persons at risk of abusing alcohol or
other drugs. The purpose of alcohol and drug counseling services is
to help individuals, families, and groups to confront and resolve
problems caused by the abuse or dependence upon alcohol and other
drugs. Alcohol and other drug counseling services are those defined
in regulations promulgated by the department.
(3) 'Assessment' means the ongoing process through which the
counselor collaborates with the client and others to gather
information through the use of comprehensive assessment
instruments that are sensitive to age, gender and culture and to
interpret such information that is necessary for planning treatment
and evaluating client progress.
(4) `Consumer of alcohol and drug abuse counseling services'
means a person at risk of, or who is experiencing problems associated
with, abuse or dependence on alcohol or other drugs or a family
member, spouse, child or friend affected by alcohol or other drug
abuse or dependence.
(5) `Department' means the Department of Labor, Licensing and
Regulation.
(6) `Director' means the Director of the Department of Labor,
Licensing and Regulation.
(7) `Disciplinary Panel' means the Disciplinary Panel for
Professional Addictions Counselors under the Department of Labor,
Licensing and Regulation.
Section 40-76 40. (A) There is created the Advisory Panel for
Professional Addictions Counselors under the Department of Labor,
Licensing and Regulation. The Advisory Panel consists of five
members appointed by the Governor with the advice and consent of
the Senate. The members of the Advisory Panel must be Licensed
Professional Addictions Counselors and must have been engaged in
the practice of counseling for not fewer than five consecutive years
before appointment to the Advisory Panel. The Governor shall
appoint the panel as follows:
The five professional members must represent the various
geographic regions of the State (i.e. the Upstate, the Midlands, the
Low Country, and the Pee Dee).
The membership must be representative of racial and ethnic
minorities and of women.
The initial professional members must be eligible for licensure at
the time of their appointment. All subsequent professional members
must be licensed prior to appointment.
(B) Nominations for appointment to the Advisory Panel may be
submitted to the Governor from any individual, group, or association.
(C) Members serve a term of four years and until their successors
are appointed and qualify. No member may serve more than two full
or partial terms. A vacancy on the Advisory Panel must be filled in
the manner of the original appointment for the remainder of the
unexpired term.
(D) The Governor may remove a member of the Advisory Panel in
accordance with Section 1-3-240.
(E) Before entering upon the discharge of the duties of the office,
an Advisory Panel member shall take and file with the Secretary of
State in writing an oath to perform the duties of the office as a
member of the Advisory Panel and to uphold the Constitution of this
State and the United States.
(F) Members of the Advisory Panel must be compensated for their
services at the usual rate for mileage, subsistence, and per diem as
provided by law for members of State departments, committees, and
commissions and must be reimbursed for actual and necessary
expenses incurred in connection with and as a result of their work as
members of the Advisory Panel. Compensation and reimbursements
paid to Advisory Panel members under this subsection must be paid
as an expense of the Advisory Panel in the administration of this
chapter.
Section 40-75-50. The duties of the Advisory Panel are to advise
the department in the development of regulations, statutory revisions,
and other matters as the department may request in regard to the
administration of this chapter.
Section 40-75-60. (A) The Department of Labor, Licensing and
Regulation may employ and establish compensation for personnel the
Director considers necessary and appropriate for the administration
of this chapter.
(B) Duties must be prescribed by the director and include, but are
not limited to:
(1) maintaining and preserving records;
(2) receiving and accounting for all monies received by the
department;
(3) issuing necessary notices to licensees;
(4) determining the eligibility of applicants for examination and
licensure;
(5) examining applicants for licensure, to include but not limited
to:
(a) prescribing the subjects, character, and manner of
licensing examinations;
(b) preparing, administering, and grading the examination, or
contracting for the preparation, administration and grading of the
examination. Professional testing services may be utilized to
formulate and administer examinations;
(6) license and renewal of the licenses of qualified applicants;
(7) evaluate and approve continuing education course hours and
programs; and
(8) with the advice of the Advisory Panel, promulgate
regulations to carry out this chapter, including but not limited to,
establishing a code of ethics to govern the conduct and practice of
persons licensed under this chapter.
Section 40-76-65. (A) There is created a Disciplinary Panel for
the Licensure of Professional Addictions Counselors under the
Department of Labor, Licensing and Regulation. The Disciplinary
Panel consists of five members appointed by the Governor with the
advice and consent of the Senate. Three of the members of the
Disciplinary Panel must be Licensed Professional Addictions
Counselors and must have been engaged in the practice of addictions
counseling for not fewer than five consecutive years before
appointment and must practice in this State. Two members of the
Disciplinary Panel must be members of the general public who are
not licensed addictions counselors and must not have any financial
interest, direct or indirect, in the profession of addictions counseling.
(B) Nominations for appointment to the Disciplinary Panel may be
submitted to the Governor from any individual, group, or association.
(C) Members serve a term of two years and until their successors
are appointed and qualify. No member may serve more than two full
or partial terms. A vacancy on the Disciplinary Panel must be filled
in the manner of the original appointment for the remainder of the
unexpired term.
(D) Before entering upon the discharge of the duties of the office,
a Disciplinary Panel member shall take and file with the Secretary of
State in writing an oath to perform the duties of the office as a
member of the Disciplinary Panel and to uphold the Constitution of
this State and the United States.
(E) Members of the Disciplinary Panel must be compensated for
their services at the usual rate for mileage, subsistence, and per diem
as provided by law for members of State departments, committees,
and commissions and must be reimbursed for actual and necessary
expenses incurred in connection with and as a result of their work as
members of the Disciplinary Panel. Compensation and
reimbursements paid to Disciplinary Panel members under this
subsection must be paid as an expense of the Disciplinary Panel in
the administration of this chapter.
(F) The Governor may remove a member of the Disciplinary Panel
in accordance with Section 1-3-240.
Section 40-76-70. The Disciplinary Panel must:
(1) conduct hearings on alleged violations of this chapter and
regulations promulgated under this chapter;
(2) mediate consumer complaints where appropriate and possible;
and
(3) discipline persons licensed under this chapter in accordance
with the provisions of this chapter.
Section 40-76-80. The department shall charge and collect
licensure fees as promulgated in regulation by the Advisory Panel.
Section 40-76-90. The department shall prepare and submit to the
General Assembly an annual report on the administration of this
chapter.
Section 40-76-100. It is unlawful for any person who is not
licensed in the manner prescribed in this chapter to represent himself
as a Licensed Professional Addictions Counselor or to hold himself
out to the public as being licensed under this chapter by means of
using a title on signs, mailboxes, address plates, stationery,
announcements, telephone listings, calling cards, or other instruments
of professional identification. Any person violating this section is
guilty of a misdemeanor and, upon conviction, must be punished by
a fine, imprisonment or by both.
Section 40-76-110. To be eligible for a license issued by the
department pursuant to this chapter:
(A) An applicant for licensure as a 'Licensed Professional
Addictions Counselor' must have earned a doctoral or masters degree
which is primarily professional counseling in content and includes
clinical experience; and hold Level II Addictions Counselor
Certification (CAC II), National Certified Addictions Counselor II
(NCAC II), Master Addiction Counselor (MAC), or comparable
certification issued through an International Certification Reciprocity
Consortium/Alcohol & Other Drug Abuse (ICRC/AODA)
approved certification board, or comparable certification issued
through a certification board that has been approved by the Advisory
Panel; and have had two years of full-time work experience following
the receipt of the degree in an alcohol and drug counseling or in a
clinical counseling setting that meets the requirements established by
the department. The work experience shall include four thousand
(4000) hours of direct alcohol and other drug clinical experience as
defined by the department with either children, adolescents, or adults;
one hundred fifty (150) of these hours must include individual
clinical supervision, fifty (50) of which may be group clinical
supervision. Documented clinical supervision hours must be provided
by a clinical supervisor who has been approved by the Advisory
Panel.
(B) An applicant for licensure as a 'Licensed Professional
Addictions Counselor Supervisor' must have earned a doctoral or
masters degree which is primarily professional counseling in content
and includes clinical experience; and hold Level II Addictions
Counselor Certification (CAC II), National Certified Addictions
Counselor II (NCAC II), Master Addiction Counselor (MAC) or
comparable certification issued through an International Certification
Reciprocity Consortium/Alcohol & Other Drug Abuse
(ICRC/AODA) approved certification board, or comparable
certification issued through a certification board that has been
approved by the Advisory Panel; and must have had five years of
full-time work experience following the receipt of the degree in an
alcohol and drug counseling or in a clinical counseling setting that
meets the requirements established by the department and two years
of documented work experience as a clinical supervisor. The work
experience must include ten thousand (10,000) hours of direct alcohol
and other drug clinical experience as defined by the department with
either children, adolescents, or adults. The applicant must have
successfully completed 36 hours of supervised clinical supervision
activities under the supervision of a supervisor approved by the
Advisory Panel.
(C) All degrees submitted as evidence of educational achievement
must have been earned at regionally accredited institutions of higher
learning. Acceptable supervised experience and the qualifications of
the supervisor shall be determined by regulation.
Section 40-76-120. An application for licensure must be in
writing under oath on a form prescribed by the department and
accompanied by all applicable fees.
Section 40-76-130. An applicant for licensure must pass an
examination prescribed by the department. An applicant for licensure
who fails an examination may be reexamined as determined to be
appropriate by the department.
Section 40-76-140. (A) If an applicant satisfies the licensure
requirements and pays the applicable fees as provided for in this
chapter, the department must issue a license to the applicant. A
license is a personal right and not transferable and the issuance of a
license is evidence that the licensee is entitled to all rights and
privileges of a 'Licensed Professional Addictions Counselor' or
'Licensed Professional Addictions Counselor Supervisor' while the
license remains current and unrestricted.
(B) A licensee may use the title appearing on his license and the
corresponding letters `LPAC' for a Licensed Professional Addictions
Counselor or `LPACS' for a Licensed Professional Addictions
Counselor Supervisor.
(C) A person licensed under this chapter must display their license
in a prominent place in the person's place of practice.
Section 40-76-150. Upon application accompanied by a fee and
without examination the department may issue a license to any
person who has furnished satisfactory evidence of licensure as a
Professional Addictions Counselor 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. The applicant must not have any ethical or legal charges or
violations placed against the license.
Section 40-75-160. The department shall keep a record of the
proceedings of each panel and shall maintain a registry of all
applications for licensure. Except as otherwise specified by statute,
the record of each panel's proceedings and the profession or
occupation's registry of applicants must be open to public inspection
and a copy of the registry must be provided upon request and
payment of a fee. Records of each panel and the registry are prima
facie evidence of required proceedings and a copy certified by the
administrator or the director under seal is admissible as evidence with
the same force and effect as the original.
Section 40-76-170. The department may annually prepare and
publish a roster containing the names and places of businesses of all
persons licensed under this chapter. A copy of the roster must be
provided upon request and payment of a fee.
Section 40-76-180. (A) A person licensed under this chapter
biennially must satisfy the following license renewal requirements in
order to continue to practice as a Licensed Professional Addictions
Counselor:
(1) pay the current renewal fee as prescribed by the department;
(2) submit evidence of compliance with continuing education
requirements prescribed by the department in accordance with
Section 40-76-190. A professional addictions counselor license
automatically reverts to inactive status if the addictions counselor
fails to timely comply with this subsection and may only be
reinstated upon application and payment of any fees and after
compliance with any additional requirements which the department
may establish in regulation.
(B) A license which has been inactive for more than four years
automatically expires if the person has not made application for
renewal of the license. An expired license is null and void without
any further action by the department.
Section 40-76-190. The Advisory Panel shall promulgate
regulations establishing continuing education requirements and
criteria for the approval of continuing education.
Section 40-76-200. If the director has reason to believe that a
person licensed under this chapter has become unfit to practice
addictions counseling, has violated a provision of this chapter or a
regulation promulgated under this chapter, or if a written complaint
is filed with the director charging the licensee with the violation of a
provision of this chapter or a regulation, the director shall initiate an
investigation in accordance with procedures established by the
department. If after investigation it appears that probable cause exists
for a hearing, a time and a place must be set by the Disciplinary Panel
for a hearing to determine whether disciplinary action must be taken
against the licensee. Notice must be given and the hearing conducted
in accordance with the Administrative Procedures Act.
Section 40-76-210. For the purpose of a proceeding under this
chapter, the Disciplinary Panel may administer oaths and, upon its
own motion or request of any party, shall subpoena witnesses,
compel their attendance, take evidence, and require the production of
any matter which is relevant to the investigation including but not
limited to any books, documents, or other tangible items, the identity
and location of persons having knowledge of relevant facts, and any
other matter reasonably calculated to lead to the discovery of material
evidence. Upon failure to obey a subpoena or to answer questions
propounded by the Disciplinary Panel, the Disciplinary Panel may
apply pursuant to the Administrative Procedures Act to an
administrative law judge for an order requiring the person to appear
before the Disciplinary Panel, produce documentary evidence, and
give other evidence concerning the matter under inquiry.
Section 40-76-220. (A) When the Disciplinary Panel or the
department has reason to believe that a person is violating or intends
to violate a provision of this chapter or a regulation promulgated
under this chapter, in addition to all other remedies, it may order the
person to immediately cease and desist from engaging in the conduct.
If the person is practicing addictions counseling without being
licensed under this chapter, the Disciplinary Panel or the department
may also apply to an administrative law judge for a temporary
restraining order prohibiting the unlawful practice. The
administrative law judge may issue a temporary restraining order ex
parte and the Disciplinary Panel or the department is not required to:
(1) post a bond;
(2) establish the absence of an adequate remedy at law; or
(3) establish that irreparable damage would result from the
continued violation.
(B) No Disciplinary Panel member nor the Director of the
Department of Labor, Licensing or Regulation nor any other
employee of the department may be held liable for damages resulting
from a wrongful temporary restraining order.
(C) In accordance with the South Carolina Rules of Civil
Procedure, the Disciplinary Panel or the department may also seek
from an administrative law judge other equitable relief to enjoin the
violation or intended violation of this chapter or a regulation
promulgated under this chapter.
Section 40-76-230. The following constitute misconduct and are
grounds for the department to deny initial licensure to or the
Disciplinary Panel to take disciplinary action against a person who:
(1) has used any false, fraudulent, or forged statement or
document or committed any fraudulent, deceitful, or dishonest act in
connection with any of the license requirements;
(2) has been convicted of a felony or any other crime involving
moral turpitude (forfeiture of a bond or a plea of nolo contendere is
the equivalent of a conviction);
(3) has practiced while under the influence of alcohol or drugs to
such a degree as to affect adversely his ability to practice;
(4) has used alcohol or drugs to such a degree as to adversely
affect his ability to practice;
(5) has knowingly performed any act which substantially assists
a person to practice alcohol and drug counseling illegally;
(6) has caused to be published or circulated directly or indirectly
any fraudulent, false, or misleading statements as to the skills or
methods of practice of any licensee when malice is shown;
(7) has failed to provide and maintain reasonable sanitary
facilities;
(8) has sustained any physical or mental impairment or disability
which renders practice by him dangerous to the public;
(9) has violated the code of ethics as adopted by the department
and published in its regulations;
(10) has obtained fees or assisted in obtaining fees under deceptive,
false, or fraudulent circumstances;
(11) has intentionally used any false or fraudulent statement in any
document connected with the practice of either professional
addictions counseling or professional addictions counseling
supervision;
(12) lacks the professional or ethical competence to practice;
(13) has violated any provision of this chapter;
(14) has used a solicitor or other person to obtain patronage;
(15) has practiced during the time his license has lapsed; or
(16) has a current license to practice as a Professional Addictions
Counselor or Supervisor from another state or jurisdiction that has
been revoked, canceled, suspended, or otherwise restricted.
In addition to all other remedies and actions incorporated in this
chapter, the license of a person who has been adjudged mentally
incompetent by any court of competent jurisdiction must be
automatically suspended by the department until the licensee is
adjudged competent by a court of competent jurisdiction.
Section 40-76-240. When investigating grounds for denying
initial licensure or taking disciplinary action based upon an alcohol
or drug addiction or a physical or mental disability that impairs the
applicant's or the licensee's ability to practice, the department or the
Disciplinary Panel upon reasonable grounds may:
(A) require an applicant or licensee to submit to a mental or
physical examination, including a drug test, by physicians designated
by the Disciplinary Panel. The results of an examination are
admissible in a hearing before the Disciplinary Panel notwithstanding
a claim of privilege under a contrary rule of law. A person who
accepts the privilege of practicing addictions counseling in this State
or who files an application for a license to practice addictions
counseling in this State is deemed to have consented to submit to a
mental or physical examination, including a drug test, and to have
waived all objections to the admissibility of the results in a hearing
before the Disciplinary Panel upon the grounds that the results
constitute a privileged communication. If an applicant or licensee
fails to submit to an examination when requested by the Disciplinary
Panel, unless the failure was due to circumstances beyond the
person's control, the Disciplinary Panel must enter an order
automatically denying or suspending the license pending compliance
and further order of the Disciplinary Panel. An applicant or licensee
who is prohibited from practicing must be afforded within a
reasonable time period an opportunity to demonstrate to the
Disciplinary Panel the ability to resume or begin the practice of
addictions counseling with reasonable skill and safety to patients;
(B) obtain records specifically relating to the mental or physical
condition of an applicant or licensee who is the subject of an
investigation authorized by this section, and these records are
admissible in a hearing before the Disciplinary Panel notwithstanding
any other provision of law. A person who accepts the privilege of
practicing addictions counseling in this State or who files an
application to practice addictions counseling in this State is deemed
to have consented to the Disciplinary Panel obtaining these records
and to have waived all objections to the admissibility of these records
in a hearing before the Disciplinary Panel upon the grounds that the
records constitute a privileged communication. If a licensee or
applicant refuses to sign a written consent for the Disciplinary Panel
to obtain these records when requested by the Disciplinary Panel,
unless the failure was due to circumstances beyond the person's
control, the Disciplinary Panel must enter an order automatically
denying or suspending the license pending compliance and further
order of the Disciplinary Panel. An applicant or licensee who is
prohibited from practicing addictions counseling must be afforded
within a reasonable time period an opportunity to demonstrate to the
Disciplinary Panel the ability to resume or begin the practice of
addictions counseling with reasonable skill and safety to patients.
Section 40-76-250. (A) Upon a determination by the
Disciplinary Panel that one or more of the grounds for discipline
exists as described in Section 40-76-230, the Disciplinary Panel may:
(1) issue a nondisciplinary letter of caution;
(2) issue a public reprimand;
(3) impose a fine not to exceed five hundred dollars;
(4) place the licensee on probation, restrict the license, or
suspend the license for a definite or indefinite time and prescribe
conditions to be met during probation, restriction, or suspension,
respectively, including but not limited to satisfactory completion of
additional education of a supervisory period or of continuing
education programs as may be specified; or
(5) permanently revoke the license.
(B) A decision by the Disciplinary Panel to discipline a licensee as
authorized under this section must be made by a majority vote of the
total membership of the Disciplinary Panel serving at the time the
vote is taken.
(C) A final order of the department refusing to issue a license to an
applicant or of the Disciplinary Panel disciplining a licensee, except
for a private reprimand, is public information.
Section 40-76-260. A licensee who is under investigation for
misconduct as defined in Section 40-76-230 for which the
Disciplinary Panel may take disciplinary action may voluntarily
surrender his license to the department. The voluntary surrender
invalidates the license at the time of its relinquishment, and no person
whose license is surrendered voluntarily may practice as an
addictions counselor or addictions counselor supervisor until the
Disciplinary Panel reinstates the license. A person practicing as an
addictions counselor or an addictions counselor supervisor during the
period of voluntary license surrender is considered an illegal
practitioner and is subject to the penalties provided by this chapter.
The surrender of a license may not be considered as an admission of
guilt in a proceeding under this chapter. The surrender does not
preclude the Disciplinary Panel from imposing conditions on the
acceptance of the proffered surrender and does not preclude the
Disciplinary Panel from taking disciplinary action against the
licensee.
Section 40-76-270. A person aggrieved by an action of the
Disciplinary Panel or the department may appeal the decision to an
administrative law judge in accordance with the Administrative
Procedures Act. Service of a notice of appeal does not stay the
decision of the Disciplinary Panel or the department pending
completion of the appellate process.
Section 40-76-275. (A) In an order issued in resolution of a
disciplinary proceeding before the Disciplinary Panel, a licensee
found in violation of this chapter may be directed to pay a sum not to
exceed the reasonable cost of the investigation and prosecution of the
case in addition to other sanctions.
(B) A certified copy of the actual costs or a good faith estimate of
costs where actual costs are not available, signed by the Director or
the Director's designee, is prima facie evidence of reasonable costs.
(C) Failure to make timely payment in accordance with the order
results in the collection of costs in accordance with Section
40-76-290.
(D) The department may conditionally renew or reinstate for a
maximum of one year the license of an individual who demonstrates
financial hardship and enters into a formal agreement to reimburse
the department within that one-year period for the unpaid costs.
Section 40-76-280. (A) Service of any notice provided for by
law may be made upon a nonresident licensee or a resident licensee
who becomes a nonresident or cannot be found at his usual abode or
place of business in this State by leaving with the Director of the
Department of Labor, Licensing and Regulation a copy of the notice
and any accompanying documents. A copy of the notice,
accompanying documents, and a certified copy of the service on the
Director must be mailed to the licensee at his last known address,
return receipt requested. The Director shall keep a record of the day
of the service of the notice, and the return receipt must be attached to
and made a part of the return of service of the notice by the
department.
(B) A continuance may be granted in any hearing under this
chapter for which notice is given pursuant to this section to provide
the licensee with a reasonable opportunity to appear and be heard.
Section 40-76-290. (A) All costs as imposed under Section
40-76-275, and fines as imposed under Section 40-76-250 are due
and payable immediately upon imposition. Unless the costs and fines
are paid within sixty days after the order becomes final, the order
constitutes a judgment and may be filed and executed upon in the
same manner as a judgment in the court of common pleas, and the
department may collect costs and attorney fees incurred in executing
the judgment. Interest at the legal rate accrues on the amount due
from the date imposed until the date paid.
(B) All fines and costs collected under this section must be
remitted by the department to the State Treasurer and deposited in a
special fund from which the department must be reimbursed for the
administrative costs associated with investigations and hearings under
this chapter.
Section 40-76-300. (A) Every communication, whether oral or
written, made by or on behalf of a person to the Director or the
Disciplinary Panel, whether by way of complaint or testimony, is
privileged, and no action or proceeding, civil or criminal, may be
brought against the person by or on whose behalf the communication
is made, except upon - proof that the communication was made with
malice.
(B) Nothing in this chapter may be construed to prohibit the
respondent or his legal counsel from exercising the respondent's
constitutional right of due process under the law.
Section 40-76-310. (A) It is unlawful for a person to:
(1) hold himself out as a Licensed Professional Addictions
Counselor unless licensed under this chapter;
(2) permit an employed person to practice addictions counseling
unless licensed under this chapter or is under the direct clinical
supervision of a LPAC or another licensed practitioner of the healing
arts;
(3) present the license of another as his own;
(4) allow the use of his license by an unlicensed person;
(5) give false or forged evidence to the department in obtaining
a license under this chapter;
(6) falsely impersonate another license holder of like or
different name;
(7) use or attempt to use a license that has been revoked;
(8) otherwise violate a provision of this chapter.
(B) The department may institute civil action in the circuit court in
the name of the State for injunctive relief against any person violating
the provisions of this chapter or the regulations or orders of the
department or Disciplinary Panel. For each violation, the court may
impose a fine of no more than one thousand dollars.
Section 40-76-320. Exemptions: Nothing in this chapter shall
prevent individuals in the following classifications from performing
the counseling functions within the provisions of this chapter so long
as they do not represent themselves by a title or description in the
manner prescribed in Section 40-76-140:
(A) Clergy: Any priest, rabbi, member of the clergy, Christian
Science practitioner, or minister of the gospel of any denomination
may perform counseling services as part of religious duties and in
connection with a specific synagogue, church, temple or religious
organization.
(B) Government and school employees: Any employee of federal,
state or local government, or school district, may perform alcohol and
drug counseling services within the school or agency setting if a
license to practice is not required for employment.
(C) Other licensed counseling professionals: Any licensed
counseling professional (LPC or LMFT), licensed psychologist, or
licensed social worker may perform alcohol and drug counseling
services as long as they perform those services within their scope of
practice.
(D) Peer groups and self help groups: Any person may engage in
or offer self-help assistance as part of peer support groups or self help
organizations such as Alcoholics Anonymous (M) or Narcotics
Anonymous (NA), M or NA sponsorship, or other uncompensated
alcohol or other drug abuse/dependence services.
(E) Certified Addictions Counselors: Any persons who holds
certification as an addictions counselor from the South Carolina
Association of Alcoholism and Drug Abuse Counselors' Certification
Commission or an ICRC approved certification board may perform
alcohol and drug counseling services as long as that person works
under the direct supervision of a LPAC or another licensed
practitioner of the healing arts and has an approved work plan on file
with the department.
Nothing in this chapter may be construed to permit a person
licensed and/or certified under this chapter to practice medicine or to
represent himself to the public as a psychologist unless he has been
duly authorized to do so by other provisions of law. Lecturers from
any school, college, agency, or training institution may utilize an
academic, research, or job title when invited to present lectures to
institutions or organizations.
Section 40-76-330. Every licensee shall make available to each
client a copy of a statement of professional disclosure. The statement
of professional disclosure shall include the licensee's address and
telephone number, fee schedule, educational training, and the address
and telephone number of the department.
Section 40-76-340. During the first year following the effective
date of this act, the department shall issue, without examination, the
license of 'licensed Professional Addictions Counselor to any person
who:
(1) documents having earned a doctorate or master's degree in
addictions, counseling, psychology, social work, or related discipline
from an accredited college; and has earned certification as a Level II
Certified Addictions Counselor from the South Carolina Association
of Alcoholism and Drug Abuse Counselors (SCAADAC) or
comparable certification from an ICRC approved certification board;
or
(2) documents having earned a master's degree in addictions,
counseling, psychology, social work, or related discipline from an
accredited college; and has earned the NCAC 11 certificate from the
National Association of Alcoholism and Drug Abuse Counselors or
comparable certification from an ICRC approved certification board;
or
(3) has earned the Master Addictions Counselor (MAC) certificate
from the National Association of Alcoholism and Drug Abuse
Counselors; or
(4) has obtained substantially equivalent education and experience
as defined in regulation and promulgated by the Advisory Panel, And
in addition:
(1) has paid an application and licensing fee, and
(2) has completed any forms and procedures prescribed by the
department.
During the first year following the effective date of this act, the
department shall issue, without examination, the license of 'Licensed
Professional Addictions Counselor Supervisor' to any person who:
(1) documents having earned a doctorate or master's degree in
addictions, counseling, psychology, social work, or related discipline
from an accredited college and has earned certification as a Level II
Certified Addictions Counselor from the South Carolina Association
of Alcoholism and Drug Abuse Counselors (SCAADAC) or
comparable certification from an ICRC approved certification board;
or
(2) documents having earned a master's degree in addictions,
counseling, psychology, social work, or related discipline from an
accredited college and has earned the NCAC 11 certificate from the
National Association of Alcoholism and Drug Abuse Counselors or
comparable certification from an ICRC approved certification board;
or
(3) has earned the Master Addictions Counselor (MAC) certificate
from the National Association of Alcoholism and Drug Abuse
Counselors; and
(4) has at least five (5) years of documented experience as a
Clinical Supervisor; and
(5) has completed thirty (30) hours or training in Clinical
Supervision; or
(6) has been licensed as a supervisor by the Board of Examiners
for Licensure of Professional Counselors & Marriage and
Family Therapists.
SECTION 2. This act shall take effect upon approval by the
Governor.
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