Current StatusView additional legislative information at the LPITS web site.Bill Number: 872 Ratification Number: 537 Act Number 430 Introducing Body: Senate Subject: Relating to the State Board of Examiners in Psychology
(A430, R537, S872)
AN ACT TO AMEND SECTIONS 40-55-20; 40-55-30; 40-55-40; 40-55-80, AS AMENDED; 40-55-90; 40-55-100; 40-55-130; 40-55-140; 40-55-150; 40-55-160, AS AMENDED; AND 40-55-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF EXAMINERS IN PSYCHOLOGY, SO AS TO CHANGE THE COMPOSITION OR THE BOARD, PROVIDE FOR THE APPOINTMENT OF ITS MEMBERS AND THE FILLING OF VACANCIES; TO REQUIRE AN ANNUAL REPORT ACCORDING TO THE PROVISIONS OF ACT 165 OF 1979; TO ELIMINATE THE REQUIREMENT THAT CANDIDATES FOR LICENSES MUST FURNISH EVIDENCE OF GOOD MORAL CHARACTER; TO ALLOW THE TAKING OF AN EXAMINATION TO QUALIFY FOR LICENSURE BY DECEMBER 31, 1982; TO ELIMINATE PERSONS WITH DOCTOR'S DEGREES IN SOCIAL PSYCHOLOGY FROM THE EXEMPTIONS OF THE PROVISIONS OF THE CHAPTER AND EXEMPT PERSONS CERTIFIED BY THE DEPARTMENT OF EDUCATION TO PROVIDE PSYCHOLOGICAL SERVICES ON A CONTRACTUAL BASIS WITH ANY PUBLIC OR PRIVATE SCHOOL OR FEDERAL OR STATE AGENCY AUTHORIZED BY SUCH CERTIFICATION; TO REQUIRE THE ESTABLISHMENT OF A PASSING SCORE FOR WRITTEN EXAMINATIONS; TO PROVIDE FOR COMPLAINTS, INVESTIGATIONS, ACCUSATIONS AND HEARINGS RELATING TO CHARGES OF VIOLATIONS OF LAW AGAINST A PSYCHOLOGIST; TO PROVIDE FOR PROCEDURE IN ACTIONS RELATING TO ALLEGED OFFENSES BY PSYCHOLOGISTS; TO CHANGE THE GROUNDS FOR REVOKING, SUSPENDING OR RESTRICTING THE LICENSE OF A PSYCHOLOGIST; TO PROVIDE FOR DISCIPLINE IF A PSYCHOLOGIST IS FOUND GUILTY OF A VIOLATION OF LAW; TO INCREASE THE MAXIMUM FINE PENALTY FROM FIVE HUNDRED TO ONE THOUSAND DOLLARS FOR VIOLATIONS OF STATUTES REGULATING PSYCHOLOGISTS; TO AMEND THE 1976 CODE BY ADDING SECTION 40-55-180 SO AS TO ESTABLISH AREAS OF SPECIALIZATION IN THE PRACTICE OF PSYCHOLOGY AND LIMIT A PSYCHOLOGIST'S ACTIVITY AND ADVERTISEMENT TO HIS ASSIGNED AREA; TO REPEAL SECTIONS 40-55-10 AND 40-55-120 RELATING TO DEFINITIONS OF "ACADEMIC MEMBER" AND NONACADEMIC MEMBER", AND DELETE AN EXCEPTION FOR PERSONS LICENSED WITHOUT EXAMINATION; TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO FURNISH THE GENERAL ASSEMBLY WITH A REPORT ON THE STATE SUPPLY OF PSYCHOLOGISTS; AND TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF EXAMINERS IN PSYCHOLOGY.
Be it enacted by the General Assembly of the State of South Carolina:
Board of Examiners in Psychology created--composition
Section 1. Section 40-55-20 of the 1976 Code is amended to read:
"Section 40-55-20. There is hereby created a State Board of Examiners in Psychology to be composed of three clinical psychologists, two counseling psychologists, one school psychologist, one psychologist who is licensed in experimental, social, industrial/organizational or community psychology, and one lay member."
Appointment of members
Section 2. Section 40-55-30 of the 1976 Code is amended to read:
"Section 40-55-30. All members of the Board shall be appointed by the Governor. The South Carolina Psychological Association, the South Carolina Academy of Professional Psychologists, the South Carolina Association of School Psychologists and any individual, group, or association may nominate qualified individuals to the Governor for his consideration. The Board shall publish widely in the State notice of all pending vacancies to the Board.
Members of the Board shall be appointed for terms of five years each and until their successors are appointed and qualify. No member of the Board shall be eligible for reappointment for a period of four years following the completion of his term.
Any vacancy shall be filled for the unexpired term only. The Governor may receive recommendations from any individual, group, or association for any vacancy."
Annual report, fees, revenues and income from licenses
Section 3. Section 40-55-40 of the 1976 Code is amended by striking item (e) and the second paragraph and inserting:
"(e) Make an annual report according to the provisions of Act 165 of 1979.
(f) Prescribe, pursuant to the Administrative Procedures Act, fees for application for examination, initial license, renewal of license, and late renewal.
Each member of the Board may receive for his services and expenses such per diem and mileage as is provided by law for members of state boards, commissions, and committees.
All revenues and income from licenses, examination fees, other fees, sale of commodities and services, and income derived from any board source or activity shall be remitted to the State Treasurer as collected, when practicable, but at least once each week, and shall be credited to the general fund of the State. All assessments, fees, or licenses shall be levied in an amount sufficient to at least equal the amount appropriated in the annual general appropriation act for the Board, plus any additional funds allocated by the Budget and Control Board for implementation of the state's personnel compensation plan."
Applicants
Section 4. Section 40-55-80 of the 1976 Code, as last amended by Act 87 of 1981, is further amended to read:
"Section 40-55-80. Any person wishing to be licensed as a psychologist shall make application to the Board of Examiners in Psychology upon such form and in such manner as shall be prescribed by the Board. A candidate for such license shall furnish the Board with satisfactory evidence that he: (a) has had four years of combined academic training in psychology and qualifying experience including a doctor's degree in psychology from an educational institution 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 meets criteria established by the American Association of State Psychology Boards (AASPB) or, in lieu of such degree, a doctor's degree in a closely allied field; provided, that the Board finds that the training obtained therein was substantially equivalent to that obtained in programs leading to the doctor's degree in psychology; provided, further, that candidates who have earned a doctor's degree in a closely allied field by December 31, 1978, and who have completed sixty graduate hours of psychology or psychology-related courses by that date in a college shall be eligible as candidates for licensure under the same terms as candidates accepted prior to June 1, 1978, upon making application and satisfactorily passing the examination prior to December 31, 1982; (b) is competent in psychology as shown by passing such examination, written or oral, as the Board deems necessary; (c) is not engaged in unethical practices; and (d) has not within the preceding six months failed an examination given by the Board; provided, further, that the Board may in its discretion, without an assembled examination, accept adequate evidence of qualifying degrees and experience and award a license to practice psychology."
Chapter not to be construed
Section 5. Section 40-55-90 Of the 1976 Code is amended to read:
"Section 40-55-90. Nothing in this chapter shall be construed: (a) To prevent qualified members of other professional groups, such as physicians, clergymen, lawyers, and social workers, from doing work of a psychological nature consistent with their training and with the codes of ethics of their respective professions; (b) as restricting the use of the term 'social psychologist' by any person (1) who has been graduated with a doctoral degree in sociology from an institution whose credits are accepted by the University of South Carolina and (2) who has passed comprehensive examinations in the field of social psychology as part of the requirement for the doctoral degree or has had equivalent specialized training in social psychology and (3) who has filed with the Board a statement of the facts demonstrating his compliance with conditions (1) and (2); (c) to exclude or prevent psychologists certified by the South Carolina Department of Education from performing services in connection with schools as authorized by such certification; (d) to exclude or prevent school counselors, reading specialists and other educators certified by the South Carolina Department of Education from performing services of a psychological nature consistent with their competency and certification, or college student personnel counselors in accredited colleges and universities from performing services consistent with their competency and occupational roles in such institutions; and (e) to exclude or prevent any person certified by the Department of Education from providing psychological services on a contractual basis with any public or private school or any federal or state agency as authorized by such certification."
Examinations of applicants
Section 6. Section 40-55-100 of the 1976 Code is amended to read:
"Section 40-55-100. Examinations of applicants for a license to practice psychology shall be conducted by the Board at least once a year. The examinations shall be written or oral or both. In any written examination such applicant shall be designated by a number instead of his name so that his identity shall not be disclosed to the members of the Board until the examination papers have been graded. The Board shall establish a passing score for the written examination. A candidate shall be held to have passed the oral examination upon the affirmative vote of a majority of board members currently serving. Any unsuccessful candidate shall receive written evaluation of his performance on the oral examination."
Board to receive complaints
Section 7. Section 40-55-130 of the 1976 Code is amended to read:
"Section 40-55-130. The Board shall receive complaints by any person against a licensed psychologist and shall require the complaints to be submitted to it in the form of an affidavit. Upon receipt of a complaint the chairman or his designee shall investigate the allegations of the complaint and make a report to the Board concerning his investigation. If the Board shall then desire to proceed further it may, in its discretion, file a formal accusation charging the psychologist with a violation of a provision of this chapter. The accusation shall be signed by the chairman or other officer on behalf of the Board. When the accusation is filed, and the Board has set a date for a hearing thereon, the chairman shall notify the accused in writing, not less than thirty days prior to the hearing date, of the date fixed for the hearing and a true copy of the accusation shall be attached to the notice. The accused may appear and show cause why his license should not be suspended, revoked, or otherwise restricted. The accused shall have the right to be confronted with and to cross-examine the witnesses against him and shall have the right to counsel. In instances where a board member has made the initial investigation of a complaint, he shall not sit with the Board at the hearing of such complaint.
Such notice shall be sent to the accused by registered mail, return receipt requested, directed to his last mailing address furnished by the Board. The post office registration receipt signed by the accused, his agent, or a responsible member of his household or office staff, or, if not accepted by the person to whom addressed, the postal authority's stamp thereon showing the notice 'Refused', shall be prima facie evidence of service of such notice.
All investigations and proceedings undertaken under the provisions of this chapter shall be confidential.
Every communication, whether oral or written, made by or on behalf of any complainant to the Board or its agents, or any hearing panel or member thereon, pursuant to this section whether by way of complaint or testimony, shall be privileged; and no action or proceeding, civil or criminal, shall lie against any such person, by or on whose behalf such communication shall have been made, by reason thereof."
Members of board, employees not to be held liable for acts
Section 8. Section 40-55-140 of the 1976 Code is amended to read:
"Section 40-55-140. No member of the Board, or its committees, special examiners, agents and employees shall be held liable for acts performed in the course of official duties except where actual malice is shown. For the purpose of any investigation or proceeding under the provisions of this chapter, the Board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any documents or records which the Board deems relevant to the inquiry. In the case of contumacy by, or refusal to obey a subpoena issued to any person, a court of common pleas upon application of the Board, may issue an order requiring the person to appear before the Board or the person designated by it and produce documentary evidence and to give other evidence concerning the matter under inquiry.
Any final order of the Board finding that a psychologist is guilty of any offense charged in a formal accusation shall become public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order. All final orders which are made public shall be mailed to local and state psychological associations, and all hospitals with which the respondent is associated, states where the psychologist has a license as known to the Board, and to any other source that the Board wishes to furnish this information."
Board may revoke, suspend, etc., license
Section 9. Section 40-55-150 of the 1976 Code is amended to read:
"Section 40-55-150. The Board may revoke, suspend, or otherwise restrict the license of any psychologist or reprimand him when it is established that he is guilty of misconduct. Misconduct shall be a satisfactory showing to the Board of any of the following:
(1) That any false, fraudulent, or forged statement or document has been used, and any fraudulent, deceitful, or dishonest act has been practiced by the holder of a license or certificate in connection with any of the license requirements.
(2) That the holder of a license has been convicted of a felony or any other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere shall be considered as the equivalent of a conviction.
(3) That the holder of a license practiced psychology while under either the influence of alcohol or drugs to such a degree as to adversely affect his ability to practice psychology.
(4) That the holder of a license uses alcohol or drugs to such a degree as to adversely affect his ability to practice psychology.
(5) That the holder of a license has knowingly performed any act which in any way assists a person to practice psychology illegally.
(6) That the holder of a license has caused to be published or circulated directly or indirectly any fraudulent, false, or misleading statements as to the skill or methods of practice of any psychologist.
(7) That the holder of a license has sustained any physical or mental impairment or disability which renders further practice by him dangerous to the public.
(8) That the holder of a license has violated the principles of ethics as adopted by the Board and published in its rules or regulations.
(9) That the holder of a license has engaged in conduct that is deceptive, fraudulent, or harmful to the public.
(10) That the holder of a license is guilty of obtaining fees or assisting in obtaining such fees under deceptive, false, or fraudulent circumstances.
(11) That the holder of a license is guilty of the use of any intentionally false or fraudulent statement in any document connected with the practice of psychology.
(12) That the holder of a license has been found by the Board to lack the professional competence to practice psychology.
(13) That the holder of a license has violated any provision of this chapter regulating the practice of psychology.
(14) That the holder of a license has been guilty of hiring or compensating a solicitor to obtain patronage.
In addition to all other remedies and actions incorporated in this chapter, the license of a psychologist adjudged mentally incompetent by any court of competent jurisdiction shall be automatically suspended by the Board until he is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency."
Revocation, etc., after formal accusation
Section 10. Section 40-55-160 of the 1976 Code, as last amended by Section 4 of Part II of Act 644 of 1978, is further amended to read:
"Section 40-55-160. If the Board shall be satisfied that the psychologist is guilty of any offense charged in the formal accusation provided for in this chapter, it shall thereupon revoke or suspend his license, reprimand, or otherwise take any other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the Board. The Board may also impose such restraint 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 such action shall then be mailed by the secretary of the Board to the accused at his last known address as provided to the Board.
Any decision by the Board to revoke, suspend, or otherwise restrict the license shall be by majority vote and shall be subject to review by the circuit court upon petition filed by the licensee with the court thereof served upon the secretary of the Board within thirty days from the date of delivery of the board's decision to the licensee. Such review shall be limited to the record established by the board's hearing."
Penalty
Section 11. Section 40-55-170 of the 1976 Code is amended by striking on line three "five hundred" and inserting "one thousand". When amended the section shall read:
"Section 40-55-170. Anyone violating the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars nor more than one thousand dollars. Any resident of the county in which such a violation has been found to occur may initiate injunction procedures to prevent such violations from continuing."
Areas of specialization
Section 12. The 1976 Code is amended by adding:
"Section 40-55-180. The Board shall determine areas of specialization of the applicant to practice psychology from one or more of the following areas: (1) clinical, (2) counseling, (3) industrial/organizational, (4) community, (5) school, (6) social, and (7) experimental psychology. The Board shall inform the applicant of its decision and instruct the applicant to limit his professional activity and advertisement to the area assigned him."
Board members shall continue to serve
Section 13. Members of the State Board of Examiners in Psychology serving on the effective date of this act shall continue to serve until their successors are appointed and qualify.
Repeal
Section 14. Sections 40-55-10 and 40-55-120 of the 1976 Code are repealed.
Commission requested to furnish General Assembly report
Section 15. The Commission on Higher Education is requested to furnish the General Assembly on or before June 30, 1983, a report on the supply of psychologists within the State and detailing any and all factors having a direct or indirect effect on this supply.
Board reauthorized
Section 16. In accordance with the provisions of Section 7 of Act 608 of 1978, the existence of the State Board of Examiners in Psychology is reauthorized for six years.
Time effective
Section 17. This act shall take effect upon the approval by the Governor.