Bill 3410

                    Current Status

Introducing Body:               House
Bill Number:                    3410
Ratification Number:            172
Act Number:                     107
Primary Sponsor:                Gregory
Type of Legislation:            GB
Subject:                        Professional Counselors and
                                Therapists
Companion Bill Number:          579
Date Bill Passed both Bodies:   May 21, 1991
Computer Document Number:       3410
Governor's Action:              S
Date of Governor's Action:      May 29, 1991
Introduced Date:                Jan 31, 1991
Date of Last Amendment:         Apr 04, 1991
Last History Body:              ------
Last History Date:              May 29, 1991
Last History Type:              Act No. 107
Scope of Legislation:           Statewide
All Sponsors:                   Gregory
                                Kirsh
                                Short
                                Wilkins
                                Nettles
                                J. Brown
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3410  ------  May 29, 1991  Act No. 107
 3410  ------  May 29, 1991  Signed by Governor
 3410  ------  May 27, 1991  Ratified R 172
 3410  Senate  May 21, 1991  Read third time, enrolled for
                             ratification
 3410  Senate  May 15, 1991  Read second time
 3410  Senate  Apr 25, 1991  Committee Report: Favorable     08
 3410  Senate  Apr 09, 1991  Introduced, read first time,    08
                             referred to Committee
 3410  House   Apr 05, 1991  Read third time, sent to
                             Senate
 3410  House   Apr 04, 1991  Unanimous consent for third
                             reading on next Legislative
                             day
 3410  House   Apr 04, 1991  Amended, read second time
 3410  House   Apr 03, 1991  Debate adjourned until
                             Thursday, April 4
 3410  House   Mar 28, 1991  Committee Report: Favorable     26
                             with amendment
 3410  House   Jan 31, 1991  Introduced, read first time,    26
                             referred to Committee

(A107, R172, H3410)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-75-105 SO AS TO PROVIDE FOR THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, TO ESTABLISH CRITERIA FOR ACCEPTABLE SUPERVISED EXPERIENCE AND SUPERVISOR QUALIFICATIONS AND ISSUE A LICENSE FOR A MARITAL AND FAMILY THERAPIST SUPERVISOR OR COUNSELOR SUPERVISOR AND THE REGISTRATION FOR A COUNSELOR SUPERVISOR-IN-TRAINING; TO AMEND SECTION 40-75-100, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE UNDER THE PROFESSIONAL COUNSELOR, ASSOCIATE COUNSELOR, AND MARITAL AND FAMILY THERAPIST LICENSING ACT, SO AS TO DELETE THE REQUIREMENTS THAT A LICENSURE APPLICANT RESIDE OR INTEND TO PRACTICE IN THIS STATE AND THAT THE BOARD ESTABLISH CRITERIA FOR ACCEPTABLE, SUPERVISED EXPERIENCE AND SUPERVISOR QUALIFICATIONS; TO AMEND SECTION 40-75-170, RELATING TO MISCONDUCT OF A LICENSEE, SO AS TO DELETE THE PROVISION FOR THE USE OF A SOLICITOR OR OTHER PERSON TO OBTAIN PATRONAGE; TO REPEAL SECTION 40-75-190 RELATING TO EXEMPTIONS UNDER THE ACT; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF EXAMINERS FOR SIX YEARS.

Be it enacted by the General Assembly of the State of South Carolina:

Criteria for experience and qualifications; licenses; registrations

SECTION 1. The 1976 Code is amended by adding:

"Section 40-75-105. The board, in its regulations, shall establish criteria for determining acceptable, supervised experience and the qualifications of the supervisor. The board may issue a license for a marital and family therapist supervisor or counselor supervisor and may issue the registration for a counselor supervisor-in-training to a qualified applicant who pays a licensing or registration fee."

Requirements for licensees and criteria for experience and qualifications deleted

SECTION 2. Section 40-75-100 of the 1976 Code, as last amended by Act 318 of 1988, is further amended to read:

"Section 40-75-100. (A) Applicants for licensure shall meet the following qualifications:

(1) pay an application fee;

(2) complete forms prescribed by the board.

(B) In addition to subsection (A) applicants shall meet the following qualifications for the respective license for:

(1) `licensed professional counselor':

(a) earned a doctoral degree which is primarily professional counseling in content and includes clinical experience or the substantial equivalent and, following the receipt of the degree, had two years of full-time work experience in a counseling setting that meets the requirements established by the board; or

(b) earned a master's degree which is primarily professional counseling in content or the substantial equivalent and, following the receipt of the degree, had two years of full-time work experience in a counseling, educational, or community agency setting that meets the requirements established by the board. The work experience must include one thousand five hundred hours of direct clinical contact with either children, adolescents, or adults. One hundred fifty of these hours must include individual supervision, fifty hours of which may be group supervision, in the practice of counseling;

(2) `licensed associate counselor': earned a master's degree which is primarily counseling in content and includes clinical experience and filed a board-approved plan for practice under the supervision of the board;

(3) `licensed marital and family therapist': earned a master's degree which is primarily marital and family therapy in content or taken an equivalent course of study and degree which includes marital and family therapy as determined by the board by regulation and includes clinical experience or the substantial equivalent. Following the receipt of a qualifying degree, these applicants also must have had two years of full-time work experience which includes one thousand hours of direct clinical contact with couples and families and two hundred hours of supervision of which one hundred hours must have been individual supervision in the practice of marital and family therapy. These twelve hundred hours of clinical contact and supervised experience must have been obtained working in a marital and family therapy setting that meets the requirements established by the board by regulation.

(C) Degrees submitted as evidence of educational achievement must have been earned at regionally accredited institutions of higher learning.

(D) The board shall notify each applicant not less than thirty days before the examination that the application and evidence submitted is satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice must state the reasons for rejection."

Provision that use of a solicitor or other person to obtain patronage deleted

SECTION 3. Section 40-75-170 of the 1976 Code is amended to read:

"Section 40-75-170. (A) The board may revoke or suspend a license or reprimand or restrict a licensee or otherwise discipline him when it is established that the licensee is guilty of an act of misconduct as defined in this section. Misconduct is a satisfactory showing to the board that a licensee has:

(1) uttered a false, fraudulent, or forged statement or document or committed or practiced a fraudulent, deceitful, or dishonest act in connection with license requirements;

(2) been convicted of a felony or other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is the equivalent of a conviction;

(3) practiced while under the influence of alcohol or drugs to a degree so as to affect adversely his ability to practice;

(4) used alcohol or drugs to a degree so as to affect adversely his ability to practice;

(5) knowingly performed an act which substantially assists a person to practice counseling or marital and family therapy 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 license holder when malice is shown;

(7) failed to provide and maintain reasonable sanitary facilities;

(8) sustained physical or mental impairment or disability which renders practice by him dangerous to the public;

(9) violated the code of ethics adopted by the board and published in its regulations;

(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 either professional counseling, associate counseling, or marital and family therapy;

(12) been found by the board to lack the professional competence to practice;

(13) violated this chapter;

(14) practiced during the time his license has lapsed.

(B) In addition to other remedies and actions incorporated in this chapter, the license of a licensee adjudged mentally incompetent by a court of competent jurisdiction must be suspended automatically by the board until the licensee is adjudged competent by a court of competent jurisdiction."

Repeal

SECTION 4. Section 40-75-190 of the 1976 Code is repealed.

Reauthorization

SECTION 5. In accordance with Section 1-20-60 of the 1976 Code the existence of the Board of Examiners for the Licensure of Professional Counselors, Associate Counselors, and Marital and Family Therapists is reauthorized for six years.

Time effective

SECTION 6. This act takes effect upon approval by the Governor.

Approved the 29th day of May, 1991.