Current Status Bill Number:
951Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19980127Primary Sponsor: DrummondAll Sponsors: Drummond, McConnell, Courtney, Bryan, O'Dell and WaldrepDrafted Document Number: psd\7084ac.98Companion Bill Number: 4377Residing Body: HouseCurrent Committee: Labor, Commerce and Industry Committee 26 HLCIDate of Last Amendment: 19980430Subject: School psychology specialists, licensure and regulation of; Schools and School Districts, psychologists
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19980505 Introduced, read first time, 26 HLCI referred to Committee Senate 19980430 Amended, read third time, sent to House Senate 19980430 Committee amendment adopted Senate 19980429 Read second time, ordered to third reading with notice of general amendments, carrying over all amendments to third reading Senate 19980423 Committee report: Favorable with 13 SMA amendment Senate 19980127 Introduced, read first time, 13 SMA referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED AND AMENDED
April 30, 1998
Introduced by Senators Drummond, McConnell, Courtney, Bryan, O'Dell and Waldrep
S. Printed 4/30/98--S.
Read the first time January 27, 1998.
TO AMEND CHAPTER 75, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF LICENSED PROFESSIONAL COUNSELORS BY ADDING ARTICLE 3, SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF SPECIALISTS IN SCHOOL PSYCHOLOGY; TO AMEND SECTION 40-75-20, RELATING TO THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, SO AS TO ADD A SPECIALIST IN SCHOOL PSYCHOLOGY TO THE BOARD; TO REQUIRE PERSONS QUALIFIED TO PRACTICE SCHOOL PSYCHOLOGY ON THE EFFECTIVE DATE OF THIS ACT TO APPLY FOR LICENSURE BEFORE OCTOBER 1, 1998; AND TO DESIGNATE SECTIONS 40-75-10 THROUGH 40-75-190 AS ARTICLE 1 OF CHAPTER 75, TITLE 40, ENTITLED "PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS", AND TO RENAME CHAPTER 75, TITLE 40 "PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND SPECIALISTS IN SCHOOL PSYCHOLOGY".
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 75, Title 40 of the 1976 Code is amended by adding:
Section 40-75-310. The Board of Examiners for the Licensure of Professional Counselors, Associate Counselors, Marital and Family Therapists, and Licensed Psycho-Educational Specialist shall administer the provisions of this article and is the sole authority for issuing licenses pursuant to this article.
Section 40-75-320. (A) The practice of a licensed psycho-educational specialist is the utilization of a unique blend of training, incorporating skills and knowledge of psychology and education, to provide services addressing the educational, personal, and social needs of children and adolescents through assessment, intervention, consultation, counseling, information and referral, planning, training, and supervision in return for compensation. The practice of a licensed psycho-educational specialist includes:
(1) conducting psycho-educational assessments of individual needs using formal and informal psycho-educational measurement techniques including standardized measures of intelligence, aptitude, achievement, skills, development, personality traits, personal and social adjustment, interests, functional assessment, direct observation, interviews with parents, teachers, and other professionals, family histories, ecological data, criterion referenced measures, and curriculum-based assessment;
(2) interpreting assessment data and design and, when appropriate, providing interventions as indicated by the information;
(3) participating in instructional support and intervention teams;
(4) providing group and individual educational counseling for problems of learning, school adjustment, and academic performance;
(5) evaluating information and determining the need for referral to appropriate specialists and supportive services;
(6) providing consultation to clients, parents, teachers, school administrators, school systems, and professional colleagues;
(7) assisting in designing, planning, and developing instructional programs and curriculum;
(8) supervising the work of other licensed psycho-educational specialists.
(B) Whenever important aspects of a case fall outside the licensed psycho-educational specialist's competence, the specialist must obtain appropriate consultations and referrals. A licensed psycho-educational specialist must not attempt to diagnose, prescribe for, treat, or advise a client with reference to a complaint which is outside the scope of practice as provided for in this article.
(C) A licensed psycho-educational specialist employed by a school district may provide private sector services to students living within that district if the:
(1) parent, guardian, surrogate, or adult client is informed in writing, before services are provided, of the individual's eligibility for free services of the same kind from the school district;
(2) client is not a student assigned to any school to which the licensed psycho-educational specialist is assigned;
(3) parent, guardian, surrogate, or adult client is informed that the licensed psycho-educational specialist may not function as an independent evaluator;
(4) licensed psycho-educational specialist does not provide private sector services during hours of contracted employment with a school district;
(5) licensed psycho-educational specialist does not use his or her position within a school district to offer or promote private sector services;
(6) licensed psycho-educational specialist does not utilize tests, materials, or services belonging to the school district in providing private sector services.
(D) School districts employing licensed psycho-educational specialists on a contractual basis during the school year may require, upon contract renewal, notification of intent to perform psycho-educational services in the private sector.
(E) Persons whose practice is covered in this section shall use the title 'Licensed Psycho-Educational Specialist' in any advertisement, solicitation, or other written contract with members of the public. The term 'South Carolina Department of Education Certified in School Psychology', along with the certificate number, must be used only in conjunction with the title 'Licensed Psycho-Educational Specialist', and only on letterhead, on business cards, and as a signature line in reports written for South Carolina Department of Education schools or private schools.
Section 40-75-330. An applicant for licensure shall complete procedures for application as prescribed by the Board of Examiners for the Licensure of Professional Counselors, Associate Counselors, Marital and Family Therapists, and Licensed Psycho-Educational Specialists. An applicant must furnish the board with satisfactory evidence that the applicant:
(1) holds from a regionally accredited institution of higher education whose program is approved by the National Association of School Psychologists or the American Psychological Association or from a degree program which the board finds to be substantially equivalent based on criteria established by the board in regulation:
(a) a master's degree plus thirty hours;
(b) a sixty hour master's degree;
(c) a specialist's degree, which must require 60 semester hours or 90 quarter hours;
(d) or a doctorate in school psychology;
(2) is certified by the South Carolina Department of Education as a school psychologist level II or III;
(3) has served successfully for at least two years as a certified school psychologist in a school psychology or comparable setting, at least one year of which must have been under the supervision of a Licensed Psycho-Educational Specialist;
(4) has made a satisfactory score, as prescribed by the board, on the Educational Training Service's School Psychology Examination.
Section 40-75-340. The board shall promulgate regulations in accordance with Chapter 23, Title 1 (Administrative Procedures Act) establishing requirements for continuing education which must be met by a person licensed as a licensed psycho-educational specialist. An applicant for license renewal shall present evidence satisfactory to the board that continuing education requirements have been met.
Section 40-75-360. Upon application, accompanied by the required fee, the board may issue a license to a person who has furnished evidence satisfactory to the board of licensure in another state, a territorial possession of the United States, the District of Columbia, or the commonwealth of Puerto Rico, if the requirements for licensure are equivalent to the requirements of this article, pursuant to the determination of the board.
Section 40-75-370. (A) A person licensed pursuant to this article may use the title 'Licensed Psycho-Educational Specialist' and the letters 'LPES' following his or her name.
(B) It is unlawful for a person who is not licensed in accordance with this article to use the title 'Licensed Psycho-Educational Specialist'.
(C) A licensee shall display his or her license in a prominent place at each place of practice.
Section 40-75-375. Notwithstanding the provisions of Chapter 55, additional credential lines must be used to indicate legitimate qualifications of the licensee whenever the work being done is for use by a school district or private school. Credential lines shall follow the typed or printed name of the licensee. For South Carolina Department of Education school psychologists, level II, the credential line shall read 'Licensed Psycho-Educational Specialist, Certified by South Carolina Department of Education in School Psychology, Certification No. ______'. For Department of Education school psychologists, level III, the credential line shall read 'Licensed School Psychologist, Certified by South Carolina Department of Education in School Psychology, Certification No. ____'.
Section 40-75-380. The provisions of Article 1 pertaining to the administrative responsibilities of licensure and regulatory requirements applicable to professional counselors, associate counselors, and marital and family therapists that are not inconsistent with this article also pertain to the licensure and regulation of licensed psycho-educational specialists.
Section 40-75-390. The board shall promulgate regulations necessary to carry out the provisions of this article including a code of ethics for licensed psycho-educational specialists using as resources the code of ethics of the National Association of School Psychologists and other relevant organizations.
Section 40-75-400. Nothing in this chapter may be construed to create a right in a psycho-educational specialist to:
(1) have paid to a licensed psycho-educational specialist a benefit under:
(a) a self-funded plan providing benefits to residents of this State;
(b) accident and health insurance provided to residents of this State;
(c) a plan of operation established by a health maintenance organization licensed in this State; or
(2) have a claim against a third party payer, however situated."
SECTION 2. Section 40-75-20 of the 1976 Code is amended to read:
"Section 40-75-20. There is created the Board of Examiners for the Licensure of Professional Counselors, Associate Counselors, and Marital and Family Therapists, and Licensed Psycho-Educational Specialists (hereafter called the 'board'), composed of eight nine members. The Governor shall appoint the following members as follows with the advice and consent of the Senate:
(1) There must be six professional members, one from each of the congressional districts in the State district, three of whom are must be licensed professional counselors and three of whom are must be licensed marital and family therapists.;
(2) one licensed psycho-educational specialist;
(2)(3) There must be two members at large from the general public who are may not be associated with, or financially interested in, the practice of either professional counseling, associate counseling, or marital and family therapy, or school psychology.
The membership must be representative of racial and ethnic minorities and of women. The six professional members and the Licensed Psycho-Educational Specialist must have been actively engaged in the practice of their respective professions or, in the education and training of professional counselors, associate counselors, or marital and family therapists, or school psychologists, respectively, for at least five years prior to before appointment. The initial professional members must, respectively, be eligible for licensure at the time of their appointment and qualification as members. All subsequent professional members must be licensed prior to appointment. Terms of the members are for four years and until their successors are appointed and qualify. Incumbent Members may not hold dual licensure both as a licensed professional counselor and a licensed marital and family therapist. Members are eligible for reappointment but may not serve more than two consecutive terms, except as otherwise specifically provided in this section. Initial members from the first, third, and fifth congressional districts and one of the initial at-large members, as designated by the Governor, shall serve for terms of two years, and these four initial members may serve for up to ten consecutive years on the board. The members must qualify by taking an oath of office before a notary public or other official authorized to administer oaths in the State. Vacancies must be filled in the same manner as original appointment for the unexpired portion of the term. Each member shall receive for his board services per diem, subsistence, and mileage as allowed by law for members of state boards, commissions, and committees for each day actually engaged in the duties of his the office, including a reasonable number of days, as determined by board regulation, for preparation and reviewing of applications and examinations in addition to and for time actually spent in conducting examinations."
SECTION 3. An individual qualified on July 1, 1998, to practice as a licensed psycho-educational specialist in this State in accordance with Article 3, Chapter 75, Title 40 of the 1976 Code, as added by Section 1 of this act, must apply for licensure under this act before October 1, 1998. The board shall consider all applications within one year of receiving the applications.
SECTION 4. (A) Sections 40-75-10 through 40-75-190 of the 1976 Code, are designated as Article 1, Chapter 75, Title 40, entitled "Professional Counselors, Associate Counselors, and Marital and Family Therapists".
(B) Chapter 75, Title 40 of the 1976 Code is renamed "Professional Counselors, Associate Counselors, Marital and Family Therapists, and Licensed Psycho-Educational Specialists".
SECTION 5. It is the intent of the General Assembly that the provisions of Article 3, Chapter 75, Title 40 of the 1976 Code, as added by this act, supersede the provisions of that article as they may be added by any other enactment in the 1998 Session of the General Assembly.
SECTION 6. This act takes effect July 1, 1998.