Bill 579

                    Current Status

Introducing Body:               Senate
Bill Number:                    579
Primary Sponsor:                Drummond
Committee Number:               08
Type of Legislation:            GB
Subject:                        Professional Counselors and
                                Therapists Board
Residing Body:                  Senate
Current Committee:              General Committee
Companion Bill Number:          3410
Computer Document Number:       579
Introduced Date:                Feb 05, 1991
Last History Body:              Senate
Last History Date:              Jan 15, 1992
Last History Type:              Recommitted to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Drummond
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 579   Senate  Jan 15, 1992  Recommitted to Committee        08
 579   Senate  Mar 28, 1991  Read second time, ordered to
                             third reading with notice of
                             general amendments, carrying
                             over all amendments to third
 579   Senate  Mar 27, 1991  Committee Report: majority      08
                             favorable, minority
                             unfavorable
 579   Senate  Feb 05, 1991  Introduced, read first time,    08
                             referred to Committee

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

March 27, 1991

S. 579

S. Printed 3/27/91--S.

Read the first time February 5, 1991.

To whom was referred a Bill (S. 579), to amend the Code of Laws of South Carolina, 1976, by adding Section 40-75-105 so as to prohibit certain licenses and registrations by the Board of Examiners for the licensure of professional counselors, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

Majority favorable. Minority unfavorable.

DONALD H. HOLLAND H.U. FIELDING

For Majority. For Minority.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-75-105 SO AS TO PROHIBIT CERTAIN LICENSES AND REGISTRATIONS BY THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS; 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 REQUIREMENT THAT A LICENSURE APPLICANT RESIDE OR INTEND TO PRACTICE IN THIS STATE; 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:

SECTION 1. The 1976 Code is amended by adding:

"Section 40-75-105. The board may not issue a license for a marital and family therapist supervisor or counselor supervisor and may not issue the registration for a counselor supervisor-in-training."

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

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

(1) reside or intend to practice in the State;

(2) pay an application fee;

(3) (2) complete any forms prescribed by the board.

(B) In addition to items (1) through (3) of this section, subsection (A) applicants shall meet the following qualifications for the respective license for:

(A) (1) `licensed professional counselor':

(i) have (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, have had two years of full-time work experience in a counseling setting that meets the requirements established by the board; or

(ii) have (b) earned a master's degree which is primarily professional counseling in content or the substantial equivalent, and, following the receipt of the degree, have 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. One hundred fifty of these hours must include individual supervision, fifty hours of which may be group supervision, in the practice of counseling.;

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

(C) (3) `licensed marital and family therapist': have earned a master's degree which is primarily marital and family therapy in content, or have 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 shall 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.

All degrees (C) Degrees submitted as evidence of educational achievement must have been earned at regionally accredited institutions of higher learning. The board in its regulations shall establish criteria for determining acceptable supervised experience and the qualifications of the supervisor.

(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."

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 may reprimand or restrict any a licensee, or otherwise discipline him, when it is established that the licensee is guilty of any an act of misconduct as defined herein in this section. Misconduct is a satisfactory showing to the board that a licensee has:

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

(b)( 2) 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.;

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

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

(e)( 5) knowingly performed any an act which substantially assists a person to practice counseling or marital and family therapy illegally.;

(f)( 6) 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 a license holder when malice is shown.;

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

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

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

(j)(10) obtained fees or assisted in obtaining fees under deceptive, false, or fraudulent circumstances.;

(k)(11) used any an intentionally false or fraudulent statement in any a document connected with the practice of either professional counseling, associate counseling, or marital and family therapy.;

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

(m)(13) violated any provision of this chapter.;

(n) used a solicitor or other person to obtain patronage.

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

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

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

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.

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