Current Status Bill Number:1415 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960515 Primary Sponsor:Leventis All Sponsors:Leventis Drafted Document Number:pfm\9379ac.96 Residing Body:Senate Current Committee:Medical Affairs Committee 13 SMA Subject:Psychologist-Masters, regulation of
Body Date Action Description Com Leg Involved
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Senate 19960515 Introduced, read first time, 13 SMA
referred to Committee
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TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 83 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF PSYCHOLOGIST-MASTERS.
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:
Section 40-83-10. For purposes of this chapter:
(1) `Practice of psychology' means rendering or offering to render to individuals, groups, or organizations, for a consideration, any psychological service involving the application of principles, methods, and procedures of understanding, predicting, and influencing behavior. The application of these principles and methods includes, but is not limited to, assessment, diagnosis, prevention, and amelioration of adjustment problems and emotional and mental disorders of individuals and groups and hypnosis, and the resolution of interpersonal and social conflicts.
(2) `Psychologist-master' or `practicing psychologist-master' means a person who is licensed to practice psychology under this chapter.
(3) `Board' means the Board of Psychology-Masters Examiners established under this chapter.
(4) `Disciplinary action' or `disciplinary cases' includes action taken by the board against a licensee or applicant premised upon a finding of wrongdoing or unprofessional conduct by the licensee or applicant. It includes all sanctions authorized under this chapter except obtaining injunctions.
(5) `Unprofessional conduct' means conduct prohibited by Section 40-83-190 or by other statutes relating to the practice of psychology.
(6) `Financial interest' means being a:
(a) psychologist-master;
(b) person who deals in goods and services which are uniquely related to the practice of psychology; or
(c) person who has invested anything of value in a business which provides psychological services.
(7) `Institution of higher education' means a university, professional school, or other institution of higher learning that:
(a) in the United States, is regionally accredited by bodies approved by the Council on Post-Secondary Accreditation of the United States Department of Education;
(b) in Canada, holds a membership in the Association of Universities and Colleges of Canada; or
(c) in any other country, is accredited by the respective official organization having this authority.
(8) `Professional psychology training program' means a postgraduate training program that:
(a) is a planned program of study which reflects an integration of the science and practice of psychology, including practice and internship; and
(b) is accredited as a master's program in psychology by a regionally accredited school of higher learning.
Section 40-83-20. (A) A person who is not licensed under this chapter may not engage in the practice of psychology.
(B) A person who is not licensed under this chapter may not use the title `psychologist-master' or any title which contains both words.
(C) A person who violates subsection (A) or (B) is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two months or fined not more than five thousand dollars, or both.
Section 40-83-30. The Attorney General shall enforce this chapter, and shall seek and obtain from an administrative law judge an order enjoining activity in violation of this chapter.
Section 40-83-40. This chapter does not apply to a person engaged or acting in the discharge of duties:
(1) as a student of psychology, or preparing for the practice of psychology provided that the person's title indicates his training status and if the preparation occurs under the supervision of a licensed practicing psychologist or psychologist-master in recognized training institutions or facilities or in a training program approved by the board;
(2) as a psychologist-master in an accredited academic institution;
(3) as an employee of a governmental agency provided that the person meets the qualifications for a psychologist-master established under the state department of personnel regulations; or in the discharge of the person's duties as an employee of a governmental agency or community mental health agency provided that the person is performing those duties under the supervision and responsibility of a licensed practicing psychologist or psychologist-master or a person qualified to obtain a license as a psychologist or psychologist-master;
(4) as in a business, corporation, or research laboratory provided that the person is performing those duties for which the person is employed within the confines of the corporation or organization, and provided that the corporation or organization does not sell psychological services to the public for a fee;
(5) as a psychologist-master licensed or certified to practice psychology in another state with requirements which are, in the opinion of the board, substantially equivalent to those in effect in this State, for a period not to exceed ten consecutive business days or fifteen business days in any ninety-day period, if the person resides and the person's major practice is outside this State, and if the person gives the board a summary of his qualifications and a minimum of ten days written notice of his intention to practice in this State.
Section 40-83-50. (A) Nothing in this chapter shall prevent licensed or certified members of other professional groups including, but not limited to, physicians, nurses, osteopaths, optometrists, dentists, lawyers, clergy, teachers, social workers, mental health counselors, or consulting teachers from performing their duties consistent with the accepted standards of their respective professions; however, these persons may not describe themselves to the public by any other title or description stating or implying that they are psychologist-masters or are licensed to practice psychology.
(B) Nothing in this chapter may prevent guidance counselors, ordained clergy in the employ of an established religious denomination, alcohol counselors as approved by the Department of Alcohol, Drug Abuse and Other Related Services, probation or parole officers employed by the Department of Corrections or Department of Juvenile Justice, or mental health professionals employed by the Department of Mental Health or community mental health centers from providing services and otherwise acting within the scope of their employment.
Section 40-83-60. There is established the Board of Psychology-Masters Examiners which consists of six members appointed by the Governor, with the advice and consent of the Senate. The board must be composed of two licensed psychologists, two licensed psychologist-masters, and two other persons who are consumers but neither of whom are psychologists or psychologist-masters. The consumer members shall have no financial interest in the practice of psychology, either personally or through a spouse, parent, child, brother, or sister. At least one, but not more than two, of the psychologists or psychologist-masters, or both, shall represent the practice of psychology in an institution within the Department of Mental Health. All members of the board must be residents of South Carolina.
Section 40-83-70. (A) Each member of the board must be appointed for a term of five years. A vacancy must be filled in the manner of the original appointment for an unexpired term.
(B) No member shall serve consecutively more than one full term.
Section 40-83-80. The Governor may remove any member of the board as provided for in Section 1-3-240(B).
Section 40-83-90. The board shall elect from among its members a chairman, vice-chairman, and secretary. The officers shall serve terms of one year. The board shall hold at least two regular meetings each year, but additional meetings may be held upon the call of the chairman or at written request of any two members of the board. Four members of the board constitute a quorum and no action at any meeting may be taken without at least three votes in accord.
Section 40-83-100. (A) The board shall establish the following by regulation:
(1) a definition of the practice of psychology, interpreting Section 40-83-10(1) as appropriate;
(2) qualifications for obtaining licensure, interpreting Sections 40-83-120 and 40-83-130 as appropriate;
(3) an explanation of significant rights given to applicants and the public; and
(4) continuing education requirements.
(B) The board may:
(1) establish or approve continuing education programs;
(2) take or cause depositions to be taken as needed in any investigation, hearing, or proceeding before it;
(3) receive assistance from the director of the Department of Labor, Licensing and Regulation and from the Attorney General; and
(4) annually submit a proposed budget to the director of the Department of Labor, Licensing and Regulation.
The board may issue subpoenas and administer oaths in connection with an authorized investigation, hearing, or proceeding before it, and shall issue subpoenas at the request and on the behalf of a person responding to a disciplinary action.
Section 40-83-110. Applicants and persons regulated under this chapter shall pay the following fees:
(1) application for license $ 75.00;
(2) initial license issuance $ 40.00;
(3) biennial renewal of license $100.00.
Section 40-83-120. (A) A person desiring to obtain a license as a psychologist-master shall apply to the board upon such form and in such manner as the board prescribes and shall furnish evidence satisfactory to the board that the person:
(1) is at least 18 years of age;
(2) is not engaged in unprofessional conduct;
(3) has had two years of experience, or the equivalent, in the practice of clinical psychology under the supervision of a person who is licensed or who is qualified to be licensed under this chapter;
(4) is in compliance with the requirements set forth in Section 40-83-130;
(5) has successfully completed each examination that is required pursuant to Section 40-83-160; and
(6) possesses a master's degree in psychology obtained through a professional psychology training program awarded by an institution of higher education;
(B) In exceptional cases, the board may waive any requirement of this section if, in its judgment, the application demonstrates appropriate qualifications.
Section 40-83-130. A person may obtain a license as a psychologist-master upon meeting the requirements of Section 40-83-120 and passing the required examination, provided the person has received a master's degree in psychology from an accredited educational institution or a master's degree deemed substantially equivalent by the board.
Section 40-83-140. (A) Until one year from the appointment of the board, an applicant for certification and licensure may, in lieu of the requirements established in Section 40-83-120, qualify for licensure by demonstrating to the satisfaction of the board that the applicant is presently practicing and has practiced in the field of psychology or mental health counseling within South Carolina for a minimum of four years.
(B) Persons licensed under this section are subject to the requirements of this chapter, except those in Section 40-83-120.
(C) No current employee or agent of the State employed by or with the State on or before January 1, 1992, who is currently practicing in the field of psychology or mental health counseling may be denied licensure by the board as long as the employee or agent remains employed by or with the State and as long as they comply with all other requirements of this chapter excepting those in Section 40-83-120.
Section 40-83-150. If a licensee has a principal place of business, a license must be prominently displayed at that place.
Section 40-83-160. (A) The board shall conduct examinations under this chapter at least twice a year at a time and place designated by it; however, examinations need not be conducted at times when there are no applicants requesting to be examined. Examinations may be written or oral as determined by the board. In any written examination each applicant must be designated by a number so that the applicant's name is not disclosed to the board until the examinations have been graded. Examinations shall include questions in such theoretical and applied fields as the board considers most suitable to test an applicant's knowledge and competence to engage in the practice of psychology. An applicant must be held to have passed an examination upon the affirmative vote of a least four members of the board.
(B) Examinations administered by the board and its procedures of administration must be fair and reasonable and must be designed and implemented to ensure that all applicants are admitted to practice if they demonstrate that they possess the minimal occupational qualifications which are consistent with the public health, safety, and welfare. They may not be designed or implemented for the purpose of limiting the number of licensees.
(C) If a licensee has a principal place of business, a license must be prominently displayed at that place.
Section 40-83-170. The board may at any time issue a license, upon payment of the required fee, if the applicant presents evidence that the applicant is licensed or certified to practice psychology in another state in which the requirements for licensing or certification, in the judgment of the board, are essentially equivalent to those required by this chapter and the regulations of the board.
Section 40-83-180. (A) Licenses must be renewed every two years upon payment of the required fee.
(B) Two months before the expiration of the license, the director of the Department of Labor, Licensing and Regulation shall forward to the holder a form or application of renewal. Upon the receipt of the completed form and renewal fee, the director shall issue a new license.
(C) An application for renewal of a license which has expired shall in addition require the payment of a reinstatement fee. A person reinstating may not be required to pay renewal fees for the years during which the license was lapsed.
(D) As a condition of renewal, the board may require that licensees establish that they have satisfied continuing education requirements established by regulation.
(E) The board may revoke a license after opportunity for hearing if it has been lapsed for five years.
Section 40-83-190. Unprofessional conduct includes:
(1) fraudulent or deceptive procuring or use of a license;
(2) wilfully making or filing false reports or records in the practice of psychology, wilfully impeding or obstructing the proper making or filing of reports or records, or wilfully failing to file the proper report or record;
(3) advertising which is intended or has a tendency to deceive the public;
(4) exercising undue influence on or taking improper advantage of a person using psychological service, or promoting the sale of services or goods in a manner which exploits a person for the financial gain of the practitioner or of third party;
(5) failure to comply with statutes governing the practice of psychology;
(6) conviction of a crime related to the practice of psychology;
(7) failing to make available, upon written request of a person using psychological services to succeeding health care professionals or institutions, copies of that person's records in the possession or under the control of the licensee;
(8) practicing psychology when medically or psychologically unfit to do so;
(9) failing to use a complete title in professional activity;
(10) conduct which evidences moral unfitness to practice psychology;
(11) gross or repeated malpractice;
(12) engaging in sexual intercourse or other sexual conduct with a person with whom the licensee has had a professional relationship within the previous two years;
(13) harassing, intimidating, or abusing a client or patient;
(14) entering into a personal, scientific, financial, or any other relationship that might impair the psychologist-master's objectivity or otherwise interfere with the psychologist-master's professional obligation.
Section 40-83-200. (A) After giving opportunity for a hearing, the board may take disciplinary action against a licensee or applicant found guilty of unprofessional conduct.
(B) In connection with any disciplinary action, the board may:
(1) refuse to accept the return of a license tendered by the subject of a disciplinary investigation;
(2) refuse to license a person who has been found guilty or who is under investigation in another jurisdiction for an offense which would constitute unprofessional conduct in this State;
(3) issue warnings to a licensee;
(4) suspend, revoke, or reinstate licenses;
(5) notify relevant state, federal, and local agencies and appropriate bodies in other states of the status of any pending or completed disciplinary case against an applicant or licensee if the board has taken disciplinary action against that person or the board had made a finding after opportunity for hearing that there is probable cause to believe that disciplinary action is warranted; and
(6) require restitution of fees received from a complainant.
(C) The board shall investigate all complaints and charges of unprofessional conduct against any licensee. The board may not discontinue a pending investigation or disciplinary case by reason of the absence of the applicant or licensee from the State.
Section 40-83-210. (A) The board shall maintain a register of all complaints resulting in disciplinary action; the register shall contain the following information which must be available to the public:
(1) the name and business address of the licensee;
(2) a summary of evidence presented at any hearing;
(3) the action taken and the date of the action;
(4) any minority reports by board members; and
(5) significant subsequent events including the filing of appeal and the action of an appeals body.
(B) The board shall provide to a licensee all information in its possession concerning that licensee."
SECTION 2. This act takes effect upon approval by the Governor.