H 4564 Session 111 (1995-1996)
H 4564 General Bill, By R. Smith, Clyburn, Mason and Sharpe
Similar(S 1077)
A Bill to amend Title 40, Chapter 75, Code of Laws of South Carolina, 1976,
relating to professional counselors, by adding Section 40-75-95 so as to
exempt from Chapter 75 certain professionals performing services similar to
psychology services if the person does not represent himself as a professional
counselor; to add Section 40-75-165 so as to direct the Board to publicize the
means by which complaints may be made; to amend Section 40-55-70, relating to
the unauthorized use of the title "psychologist", so as to also prohibit an
unlicensed person from practicing as a psychologists; to amend Section
40-75-40, as amended, relating to investigations of complaints, so as to
delete provisions relating to procedures for investigations and hearings; to
amend Section 40-75-70, relating to the unauthorized representation as a
counselor, so as to also prohibit the use of certain titles, practicing
counseling without a license, and unlawfully obtaining a license; to amend
Section 40-75-140, relating to privileges of a licensee and display of
licenses, so as to require display at each location where the licensee
practices; to amend Section 40-75-160, relating to complaints, investigations,
and hearings, so as to set forth procedures and to require notice to employers
and professional organizations when a person has violated this Chapter; and to
amend Section 40-75-200, relating to a client's right to disclosure of a
counselor's qualifications, so as to require written disclosure before a
person may charge a fee or receive payment for counseling services.
02/07/96 House Introduced and read first time HJ-11
02/07/96 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-12
A BILL
TO AMEND TITLE 40, CHAPTER 75, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL
COUNSELORS, BY ADDING SECTION 40-75-95 SO AS TO
EXEMPT FROM CHAPTER 75 CERTAIN PROFESSIONALS
PERFORMING SERVICES SIMILAR TO PSYCHOLOGY
SERVICES IF THE PERSON DOES NOT REPRESENT
HIMSELF AS A PROFESSIONAL COUNSELOR; TO ADD
SECTION 40-75-165 SO AS TO DIRECT THE BOARD TO
PUBLICIZE THE MEANS BY WHICH COMPLAINTS MAY BE
MADE; TO AMEND SECTION 40-55-70, RELATING TO THE
UNAUTHORIZED USE OF THE TITLE
"PSYCHOLOGIST", SO AS TO ALSO PROHIBIT AN
UNLICENSED PERSON FROM PRACTICING AS A
PSYCHOLOGIST; TO AMEND SECTION 40-75-40, AS
AMENDED, RELATING TO INVESTIGATIONS OF
COMPLAINTS, SO AS TO DELETE PROVISIONS RELATING
TO PROCEDURES FOR INVESTIGATIONS AND HEARINGS;
TO AMEND SECTION 40-75-70, RELATING TO THE
UNAUTHORIZED REPRESENTATION AS A COUNSELOR, SO
AS TO ALSO PROHIBIT THE USE OF CERTAIN TITLES,
PRACTICING COUNSELING WITHOUT A LICENSE, AND
UNLAWFULLY OBTAINING A LICENSE; TO AMEND
SECTION 40-75-140, RELATING TO PRIVILEGES OF A
LICENSEE AND DISPLAY OF LICENSES, SO AS TO
REQUIRE DISPLAY AT EACH LOCATION WHERE THE
LICENSEE PRACTICES; TO AMEND SECTION 40-75-160,
RELATING TO COMPLAINTS, INVESTIGATIONS, AND
HEARINGS, SO AS TO SET FORTH PROCEDURES AND TO
REQUIRE NOTICE TO EMPLOYERS AND PROFESSIONAL
ORGANIZATIONS WHEN A PERSON HAS VIOLATED THIS
CHAPTER; AND TO AMEND SECTION 40-75-200, RELATING
TO A CLIENT'S RIGHT TO DISCLOSURE OF A
COUNSELOR'S QUALIFICATIONS, SO AS TO REQUIRE
WRITTEN DISCLOSURE BEFORE A PERSON MAY CHARGE
A FEE OR RECEIVE PAYMENT FOR COUNSELING
SERVICES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-75-95. (A) An individual in one or more of
these classifications who is performing services of a nature
consistent with the individual's training and the services are similar
to those described in this chapter is exempt from this chapter if the
individual does not represent himself by a title or description in the
manner prescribed in Section 40-75-140:
(1) A nonresident who renders services for no more than thirty
days during a year, so long as the person is duly authorized to
perform the activities and services under the laws of the State or
county of his residence;
(2) A rabbi, clergyman, or person of similar status who is a
member in good standing of, and accountable to, a recognized
denomination or religious organization and who is exercising
ministerial responsibilities in the religious body, parish, church
ministry, or institutional ministry with which the person is
associated;
(3) An employee of a licensed hospital in the State performing
services similar to those described in this chapter so long as the
services are performed within the course of and scope of the
person's employment as an employee of the hospital. No regular
employee of a licensed hospital in this State may be required under
this chapter to be licensed as a condition of employment by the
hospital or as a condition for the performance of services similar to
those described in this chapter while employed in the hospital.
(B) Nothing in this chapter may be construed to permit a person
licensed under this chapter to practice medicine or to represent
himself to the public as a psychologist unless the person has been
duly authorized to do so by other provisions of law. A lecturer
from a school, college, agency, or training institution may utilize an
academic, research, or job title when invited to present lectures to
institutions or organizations."
SECTION 2. The 1976 Code is amended by adding:
"Section 40-75-165. (A) The board by regulation shall
establish methods by which consumers and service recipients are
notified of the name, mailing address, and telephone number of the
board for the purpose of directing complaints to the board. The
board may provide for that notification:
(1) on a registration form, application, or written contract for
services of an individual or entity licensed under this chapter;
(2) on a sign prominently displayed in each place of business
of an individual or entity licensed under this chapter; or
(3) in a bill for service provided by an individual or entity
licensed under this chapter.
(B) The board also shall list the toll-free telephone number that
may be called to present a complaint about a licensee if the toll-free
number is established under other law."
SECTION 3. Section 40-55-70 of the 1976 Code is amended to
read:
"Section 40-55-70. (A) It shall be
is unlawful for any a person not licensed
under this chapter to practice as a psychologist as provided for
in Section 40-55-50 or to present himself or be presented to the
public by any a title incorporating the name
`psychologist', `psychological', or `psychology', except that
any a psychological scientist employed by a
recognized research laboratory, school, college, university, or
governmental agency may represent himself by the academic or
research title conferred by the administration of such
the firm, institution or agency; and except that a
person may represent himself or have himself represented as a
psychologist, providing if he is a member of the
American Psychological Association or of a regional association
affiliated therewith with the American Psychological
Association or is eligible for such membership.
Provided However, nothing in this section
shall may be construed as permitting such
these persons to offer their services to the public or to
accept remuneration for psychological services rendered to persons
or organizations other than those firms, institutions, or
agencies from which they receive their salaries unless they have
been licensed under this chapter. Provided, further
Additionally, psychologists may receive fees for lectures
presented outside their regular employment setting without being
licensed.
(B) Visiting lecturers from other states may
also may employ their academic or research titles or the
designation `psychologist' providing that if they are
members of or eligible for membership in professional associations
as stated in this section. Students of psychology, psychology
interns, and other persons preparing for the profession of
psychologist in recognized training institutions or facilities may be
designated by titles such as including, but not limited
to, `psychological trainee,', `psychological
intern,', and other terms clearly indicating their
training status. Psychologically trained individuals who do not meet
requirements for licensing as provided in Section 40-55-80 are
permitted to render psychological services when under the direct
supervision of a licensed psychologist who assumes professional
responsibility for the competence of services rendered and who
keeps the Board informed of the nature and extent of such
the services under his supervision."
SECTION 4. Section 40-75-40 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 40-75-40. No member of the board and no
special examiner, agent, or employee of the board may be held
liable for acts performed in the course of official duties except
where actual malice is shown. For the purpose of any
investigation, inquiry, or proceeding under this chapter, the board or
any person designated by it may administer oaths and affirmations,
subpoena witnesses, take evidence, and require the production of
any document or record which the board considers relevant to the
investigation, inquiry, or proceeding. In the case of contumacy by,
or refusal to obey a subpoena issued to any person, an
administrative law judge as provided under Article 5 of Chapter 23
of Title 1, upon application of the board, may issue an order
requiring the person to appear before the board or the person
designated by it and to produce documentary evidence and to give
other evidence concerning the matter under investigation or inquiry.
Whenever the board has reason to believe that any person is
violating or intends to violate any provision of the chapter it may
order, in addition to all other remedies allowed by law, the person
to desist immediately and refrain from the conduct. The board may
apply to an administrative law judge as provided under Article 5 of
Chapter 23 of Title 1 for an injunction restraining the person from
the conduct. An administrative law judge may issue ex parte a
temporary injunction not to exceed ten days in duration and, upon
notice and full hearing, may issue any other order in the matter it
considers proper. No bond may be required of the board by an
administrative law judge as a condition to the issuance of any
injunction or order contemplated by the provisions of this
section."
SECTION 5. Section 40-75-70 of the 1976 Code is amended to
read:
"Section 40-75-70. (A) It is unlawful for
any a person who is not licensed in the manner
prescribed in this chapter to represent himself as a licensed
professional counselor, licensed associate counselor, or licensed
marital and family therapist or to use one of these titles and the
corresponding letters `LPC' for licensed professional counselor,
`LAC' for licensed associate counselor, or `LMFT' for licensed
marital and family therapist following his name 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.
(B) It is unlawful for a person to engage in the practice of
counseling, as defined in Section 40-75-80 or to engage in the
practice of marital and family therapy as defined in Section
40-75-90 without first obtaining a license issued by the board or
unless the person is licensed under other provisions of state law and
the license authorizes this practice.
(C) It is unlawful for a person to obtain or attempt to
obtain a license under this chapter by presenting false or forged
evidence of qualifications or other fraudulent representation or to
disclose forged or fraudulent qualifications to a client.
(D) Any A person violating this
section is guilty of a misdemeanor and, upon conviction, must be
punished by a fine fined not to exceed
less than one hundred dollars nor more than one
thousand dollars or by imprisonment
imprisoned not to exceed more than
thirty days one year, or both, for each
offense."
SECTION 6. Section 40-75-140 of the 1976 Code is amended
to read:
"Section 40-75-140. Any A person is
regarded as a `licensed professional counselor' or a `licensed
associate counselor' or a `licensed marital and family therapist'
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 appearing on his license and the corresponding letters `LPC'
for licensed professional counselor, `LAC' for licensed associate
counselor, or `LMFT' for licensed marital and family therapist
following his name, as the case may be. Every license holder shall
display his license in a prominent place in his place of
practice at each location at which the licensee practices his
profession."
SECTION 7. Section 40-75-160 of the 1976 Code is amended
to read:
"Section 40-75-160. (A) The board may receive
complaints by any person against a licensee or against a person
who has unlawfully represented himself as a licensee or against a
person who has unlawfully engaged in the practice of counseling or
marital and family therapy, as defined in this chapter, and may
require the complaints to be submitted in writing specifying the
exact charge or charges and to be signed by the complainant.
(B) Upon receipt of a complaint, the secretary, or
other person as the president may designate, shall investigate the
allegations in the complaint and make a report to the board
concerning his the investigation. In instances where
a board member makes the initial investigation or complaint,
he the board member may not sit with the board at
the hearing of the complaint. If the board desires to proceed further
it may file, in its discretion, a formal accusation charging
the licensee with a violation of this chapter. The accusation must
be signed by the president or vice 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
as the president may designate, shall notify the accused in writing
not less than thirty days prior to 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 his
the person's last mailing address furnished to the board.
The post office registration receipt signed by the accused, his agent,
or a responsible member of his 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.
(C) The accused may appear and show cause why his
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 must
be are confidential.
(D) Every A communication, whether
oral or written, made by or on behalf of any a
complainant to the board or its agents or any 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 any a
person by whom or on whose behalf the communication is made,
except upon proof that the communication was made with malice.
(E) Nothing contained in this chapter prohibits
the accused from regular access to the charges and evidence filed
against him as a part of due process under the law.
(F) For the purpose of an investigation, inquiry, or
proceeding under this chapter, the board or a person designated by
it may administer oaths and affirmations, subpoena witnesses, take
evidence, and require the production of a document or record which
the board considers relevant to the investigation, inquiry, or
proceeding. In the case of contumacy by, or refusal to obey a
subpoena issued to a person, an administrative law judge as
provided for in Article 5 of Chapter 23 of Title 1, upon application
of the board, may issue an order requiring the person to appear
before the board or the person designated by it and to produce
documentary evidence and to give other evidence concerning the
matter under investigation or inquiry.
(G) If the board 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, it may order, in addition to all
other remedies allowed by law, the person to desist immediately
and refrain from the conduct. The board may apply to an
administrative law judge, as provided for in Article 5 of Chapter 23
of Title 1, for an injunction restraining the person from the conduct.
An administrative law judge may issue ex parte a temporary
injunction not to exceed ten days in duration and, upon notice and
full hearing, may issue any other order it considers proper. No
bond may be required of the board by an administrative law judge
as a condition to the issuance of an injunction or order
contemplated by this section.
(H) A final order of the board finding that a person is
guilty of violating a provision of this chapter or a regulation
promulgated under this chapter must become 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, state, and national professional
associations, and all firms or facilities with which the person is
associated, states where the person has a license known to the
board, and to any other source that the board wishes to furnish this
information."
SECTION 8. Section 40-75-200 of the 1976 Code is amended
to read:
"Section 40-75-200. 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
board. No licensee or person licensed under other
provisions of state law authorizing the practice of counseling or
marital and family therapy may charge a client or receive
remuneration for professional counseling or marital and family
therapy services unless, before performing these services, the client
is furnished a copy of a statement of professional disclosure. The
statement of professional disclosure shall include the licensee's
address and telephone number, services offered, a fee schedule, the
licensee's educational training and professional credentials, the
address and telephone number of the board, and other information
as may be required by the board."
SECTION 9. This act takes effect upon approval by the
Governor.
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