Current Status Bill Number:4655 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960222 Primary Sponsor:Haskins All Sponsors:Haskins, Whatley, Littlejohn, Rice, Davenport, Thomas, J. Young, J. Brown, and Young-Brickell Drafted Document Number:pfm\7961ac.96 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:School Psychology Board of Examiners created
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960222 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 81 SO AS TO CREATE THE STATE BOARD OF EXAMINERS IN SCHOOL PSYCHOLOGY, TO PROVIDE FOR ITS POWERS AND DUTIES, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF SCHOOL PSYCHOLOGISTS.
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 40-81-20. There is created the State Board of Examiners in School Psychology to be composed of seven members including three licensed school psychologists in private or mainstream practice, two school psychologist faculty members from state institutions providing academic training in school psychology and offering a master's degree plus thirty hours or higher, one school-based school psychologist, and one lay member.
Section 40-81-30. (A) Members of the board must be appointed by the Governor with the advice and consent of the Senate. The South Carolina Association of School Psychologists and any group, association, or individual may nominate qualified individuals to the Governor for consideration. Members serve five-year terms and until their successors are appointed and qualify. Members may not serve more than two consecutive terms. A vacancy must be filled by appointment by the Governor using the same criteria as outlined in this chapter for the unexpired portion of the term. The membership of the board must be representative of racial and ethnic minorities, gender, and level of academic degree. The six professional licensed members must have been actively engaged in the practice of school psychology or in the education and training of professional school psychologists for at least five years before appointment.
(B) A member may receive mileage, expenses, subsistence, and per diem as provided by law for members of state boards, committees, and commissions.
Section 40-81-40. The board shall:
(1) at the first board meeting in each calendar year elect from the professional membership a president, a secretary, and any other officer it considers necessary. At least one meeting must be held each year and additional meetings as called by the president and any two board members. A majority of the members of the board constitutes a quorum;
(2) adopt a seal which must be affixed to all licenses and official documents issued by the board;
(3) promulgate in regulation fees for application, initial license, renewal of license, and reinstatement of license. No fee in excess of two hundred dollars may be established by the board.
(4) keep a record of all proceedings of the board;
(5) issue licenses as school psychologists to all applicants who satisfy the requirements for licensure outlined in this chapter;
(6) publish an updated list of licensees each year;
(7) file an annual report with the State Budget and Control Board pursuant to Section 40-73-20;
(8) promulgate regulations to carry out the provisions of this chapter.
Section 40-81-50. (A) The practice of school psychology means the utilization of a unique blend of training incorporating skills and knowledge of psychology and education to provide services to address the educational, personal, and social needs of children, adolescents, and others through assessment, intervention, consultation, counseling, information and referral, planning, training, and supervision in return for compensation. School psychology practice includes, but is not limited to, utilizing the knowledge and skills of professional school psychologists to:
(1) conduct diagnostic and prescriptive assessments of individual needs using formal and informal psychoeducational measurement techniques including standardized measures of intelligence, aptitude, achievement, skills, development, personality traits, personal and social adjustment, interest, functional assessment, direct observation, interviews with parents, teachers, and other professionals, family histories, ecological data, criterion-referenced measures, and curriculum-based assessment.
(2) interpret assessment data and design and, when appropriate, provide interventions as indicated by the information;
(3) participate in instructional support and intervention teams;
(4) provide group and individual counseling regarding educational, personal, and social concerns, adjustment, and development;
(5) evaluate information and determine the need for referral to appropriate specialists and supportive services;
(6) provide consultation to clients, parents, teachers, school administrators, school systems, or professional colleagues;
(7) assist in designing, planning, and developing instructional programs and curriculum;
(8) supervise the work of other school psychologists.
(B) Whenever important aspects of a case fall outside of a school psychologist's competence, appropriate specialists must be consulted as indicated and referral must be made. A school psychologist must not attempt to diagnose, prescribe for, treat, or advise a client with reference to a complaint which is outside of the scope of the practice of school psychology.
Section 40-81-60. It is unlawful for a person who is not qualified and licensed in the manner prescribed in this chapter to use the title `school psychologist'. School psychologists employed in public school systems who are certified by the State Department of Education at level I, II, or III may use the title `school psychologist' but may not claim licensure if not licensed. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.
Section 40-81-70. The board shall promulgate as regulations the code of ethics for school psychologists which is established and published by the National Association of School Psychologists in the Professional Conduct Manual.
Section 40-81-80. An applicant for licensure shall complete procedures for application as prescribed by the board. A candidate must furnish the board with satisfactory evidence that the candidate:
(1) holds a master's degree plus thirty hours, a sixty-hour master's degree, a specialist's degree, or a doctorate in school psychology from an institution of higher learning which is accredited by a recognized regional accrediting agency of colleges and universities and whose program is accredited by a recognized national accrediting agency, or from a degree program which the board finds to be substantially equivalent;
(2) is certified by the State Department of Education at level II or III;
(3) has served for at least five years as a school psychologist in a school psychology setting;
(4) has achieved a satisfactory score on the national school psychology examination developed by the Educational Testing Service, Princeton, New Jersey, as prescribed by the board or holds the National School Psychology Certification Board certification as a Nationally Certified School Psychologist.
Section 40-81-90. An applicant who is practicing school psychology within this State and who holds South Carolina Department of Education certification at level II or III at the time of the appointment of the board must be qualified for licensure with completion of five years as a school psychologist in a school psychology setting. Persons so licensed shall be subject to all provisions of this chapter except Section 40-81-80 and shall not be denied relicensure as long as they continue to comply with all the other requirements of the chapter. Following the creation of the school psychology licensure board, an applicant who is practicing school psychology in the State has ninety days to apply for licensure. The board will consider all applications within one calendar year of its formation.
Section 40-81-100. (A) A license issued under this chapter must be renewed every year upon the payment of a renewal fee and upon the fulfillment of continuing professional development requirements as determined by board in regulation.
(B) A licensee who fails to renew a license as provided in this section may be reinstated by the board upon satisfactory explanation by the licensee of the reason for the failure to renew and upon payment of a reinstatement fee and the current renewal fee. If a license is allowed to lapse for more than one year, the board may impose further educational requirements for reinstatement.
Section 40-81-110. Upon application accompanied by the required fee, the board may issue a license to a person who has furnished satisfactory evidence of licensure 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 in the opinion of the board, and there is evidence of a reciprocity agreement.
Section 40-81-120. A person is regarded as a `licensed school psychologist' 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 `licensed school psychologist' and the letters `LSP' following his or her name. A license holder shall display the license in a prominent place at each place of practice.
Section 40-81-130. (A) The board shall receive complaints by a person against a school psychologist and shall require the complaints to be submitted in writing specifying the exact charge or charges and to be signed by the complainant. Upon receipt of a complaint, the secretary, or other person designated by the president, shall investigate the allegations in the complaint and make a report to the board concerning the investigation. In instances where a board member makes the initial investigation or complaint, that member may not sit with the board at the hearing of the complaint. If the board desires to proceed further, it may file a formal accusation charging the licensee with a violation of this chapter. The accusation must be signed by the 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 designated by the president, shall notify the accused in writing no less than thirty days 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 the licensee's last mailing address furnished to the board. The post office registration receipt signed by the accused, an acceptable agent, or a responsible member of the accused's 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.
(B) The accused may appear and show cause why the 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 are confidential.
(C) A communication, whether oral or written, made by or on behalf of a complainant to the board or its agents or 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 a person by whom or on whose behalf the communication is made, except upon proof that the communication was made with malice.
(D) Nothing in this chapter prohibits the respondent or the respondent's legal counsel from exercising the respondent's constitutional right of due process under the law or prohibits the respondent from normal access to the charges and evidence filed against the respondent as a part of due process under the law.
Section 40-81-140. (A) The board may revoke, suspend, or restrict the license of a school psychologist or reprimand or otherwise apply discipline when it is established that the licensee is guilty of an act of misconduct as defined in this section. Misconduct occurs when there is a satisfactory showing to the board that a licensee has:
(1) uttered a false or fraudulent statement, forged a document, or committed or practiced a fraudulent, deceitful, or dishonest act in connection with license requirements;
(2) been convicted of a felony or another crime involving moral turpitude. Forfeiture of bond or a plea of nolo contendere is considered the equivalent of a conviction;
(3) practiced while under the influence of alcohol or drugs to a degree as to adversely affect the ability to practice;
(4) used and continues to use alcohol or drugs to a degree as to adversely affect the ability to practice;
(5) knowingly performed an act which in any way assists a person to practice school psychology 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 school psychologist when malice is shown;
(7) failed to provide and maintain reasonable sanitary facilities;
(8) sustained physical or mental impairment or disability which renders further practice by the licensee dangerous to the public;
(9) violated the code of ethics promulgated by the board in regulation;
(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 school psychology;
(12) been found by the board to lack the professional competence to practice school psychology;
(13) violated a provision of this chapter or a regulation promulgated under this chapter regulating practice of school psychology;
(14) practiced during a time when licensure has lapsed.
(B) In addition to all other remedies and actions incorporated in this chapter, the license of a school psychologist adjudged mentally incompetent by a court of competent jurisdiction automatically must be suspended by the board until adjudged competent by a court of competent jurisdiction.
Section 40-81-150. (A) If the board is satisfied that the school psychologist is guilty of an offense charged in the formal accusation provided for in this chapter, it shall revoke or suspend the license or reprimand or restrict the licensee or otherwise administer discipline by taking reasonable action short of revocation or suspension including, but not limited to, requiring the licensee to undertake additional professional training subject to the direction and supervision of the board. The board also may impose other restraints upon the licensee as circumstances warrant until the licensee demonstrates to the board adequate professional competence. In all cases where disciplinary action is taken by the board, written notice of the action must be mailed by the board to the licensee's last known address as provided to the board.
(B) A final order of the board finding that the school psychologist is guilty of an offense charged in a formal accusation becomes 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 and state professional associations, all firms or facilities with which the licensee is associated, states where the licensee has a license known to the board, and to any other source to which the board wishes to furnish this information.
(C) A decision by the board to revoke or suspend a license or to reprimand or restrict a licensee or otherwise administer discipline must be made by a majority vote and is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 upon a petition filed by the licensee with the court and a copy served upon the secretary of the board within thirty days from the date of delivery of the board's decision to the licensee.
Section 40-81-160. Nothing in this chapter may be construed to prevent members of the clergy and licensed, registered, certified, or qualified professionals including, but not limited to, physicians, teachers, nurses, other psychologists, social workers, and attorneys from practicing their profession and delivering similar services within the scope of their respective practices provided they do not hold themselves to be school psychologists as defined under this section. Students who are enrolled in recognized programs of study leading to degrees in school psychology may practice in internships in schools under the supervision of appropriately qualified, certified, or licensed school psychologists under this chapter.
Section 40-81-170. No member of the board or its committees, special examiners, agents, or employees may be liable for acts performed in the course of official duties except where actual malice is shown."
SECTION 2. The initial professional appointees to the State Board of Examiners in School Psychology, as provided for in Section 40-81-20 of the 1976 Code, as added by Section 1 of this act, must be eligible for licensure at the time of appointment.
SECTION 3. This act takes effect upon approval by the Governor.