Current Status Introducing Body:
SenateBill Number: 1118Ratification Number: 446Act Number: 391Primary Sponsor: DrummondType of Legislation: GBSubject: Psychology Examiners BoardCompanion Bill Number: 4643Date Bill Passed both Bodies: 19940504Computer Document Number: CYY/15625AC.94Governor's Action: SDate of Governor's Action: 19940517Introduced Date: 19940202Date of Last Amendment: 19940504Last History Body: ------Last History Date: 19940517Last History Type: Act No. 391Scope of Legislation: StatewideAll Sponsors: Drummond Washington Leventis Peeler J. Verne SmithType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 1118 ------ 19940517 Act No. 391 1118 ------ 19940517 Signed by Governor 1118 ------ 19940512 Ratified R 446 1118 Senate 19940504 Ordered enrolled for ratification 1118 House 19940504 Receded from its amendments 1118 Senate 19940503 Non-concurrence in House amendment 1118 House 19940503 Read third time, returned to Senate with amendment 1118 House 19940428 Debate adjourned until Tuesday, May 3, 1994 1118 House 19940427 Amended, read second time 1118 House 19940412 Committee Report: Favorable 27 with amendment 1118 House 19940307 Introduced, read first time, 27 referred to Committee 1118 Senate 19940303 Amended, read third time, sent to House 1118 Senate 19940302 Amended 1118 Senate 19940301 Read second time, notice of general amendments, carrying over the amendment to third reading 1118 Senate 19940224 Committee Report: Favorable 13 with amendment 1118 Senate 19940202 Introduced, read first time, 13 referred to CommitteeView additional legislative information at the LPITS web site.
(A391, R446, S1118)
AN ACT TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CODE OF ETHICS AND SCOPE OF PRACTICE OF PSYCHOLOGY, SO AS TO DELETE THE REQUIREMENT THAT A COPY OF THE CODE MUST BE FILED WITH THE Secretary of State AND THE REQUIREMENT THAT A CLIENT RECEIVING EXTENDED PSYCHOTHERAPY MUST BE REFERRED TO A PHYSICIAN FOR EXAMINATION; TO AMEND SECTION 40-55-80, RELATING TO LICENSURE, SO AS TO REQUIRE AN APPLICANT TO PROVIDE REFERENCES AND THAT THE BOARD MAY NOT REQUEST MORE THAN THREE REFERENCES AND TO FURTHER REQUIRE AN APPLICANT TO HAVE COMPLETED TWO YEARS OF SUPERVISED EXPERIENCE; TO AMEND SECTION 40-55-130, RELATING TO COMPLAINTS, SO AS TO DELETE THE REQUIREMENT THAT A COMPLAINT MUST BE SUBMITTED BY AFFIDAVIT AND TO REVISE NOTICE PROCEDURES; TO AMEND SECTION 40-55-150, RELATING TO DISCIPLINARY GROUNDS, SO AS TO DELETE GROUNDS RELATING TO SOLICITATION; TO AMEND SECTION 40-55-170, RELATING TO VIOLATIONS, SO AS TO AUTHORIZE THE BOARD TO BRING ACTIONS FOR INJUNCTIONS AND TO REQUIRE THE Attorney General TO ASSIST WITH PROCEEDINGS BROUGHT UNDER THIS CHAPTER; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN PSYCHOLOGY FOR SIX YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
Code of ethics not required to be filed with Secretary of State
SECTION 1. Section 40-55-60 of the 1976 Code, as last amended by Act 484 of 1988, is further amended to read:
"Section 40-55-60. The board may adopt the code of ethics for psychologists to govern the practices and conduct of psychologists licensed under this chapter. Whenever important aspects of a case fall outside the boundaries of the psychologist's competence, the psychologist shall consult appropriate specialists. A psychologist may not attempt to diagnose, prescribe for, treat, or advise a client with reference to complaints which are outside the limits of psychological practice as determined by the board. The board shall determine areas of specialization of the applicant to practice psychology and inform the applicant of its decision. The board shall publish a list of licensed psychologists which indicates areas of practice authorized by the board."
Licensing requirements to require no more than three references
SECTION 2. Section 40-55-80 of the 1976 Code is amended to read:
"Section 40-55-80. To be licensed as a psychologist a person shall make application to the Board of Examiners in Psychology upon forms and in such manner as prescribed by the board. A candidate for licensure shall furnish the board with:
(1) references of individuals having personal knowledge of the candidate's professional experience and competency and the board may not require more than three references; and
(2) satisfactory evidence that the candidate:
(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 a doctor's degree in psychology, a doctor's degree in a closely allied field if the board finds that the training obtained in that field was substantially equivalent to that obtained in programs leading to the doctor's degree in psychology;
(b) is competent in psychology as shown by passing the examination, written or oral, as the board considers necessary;
(c) has completed two years of supervised experience as approved by the board;
(d) is not engaged in unethical practices; and
(e) has not within the preceding six months failed an examination given by the board.
However, the board may, without an assembled examination, accept adequate evidence of qualifying degrees and experience and award a license to practice psychology."
SECTION 3. Section 40-55-130 of the 1976 Code is amended to read:
"Section 40-55-130. (A) The board shall receive complaints by any person against a licensed psychologist. Upon receipt of a complaint the chairman or the chairman's designee shall investigate the allegations of the complaint and make a report to the board concerning the investigation. If the board proceeds further, it may file a formal accusation charging the psychologist with a violation of a provision of this chapter. The accusation must be signed by the chairman or other officer on behalf of the board. When the accusation is filed, and the board sets a date for a hearing, the chairman shall notify the accused in writing, not less than thirty days before the hearing date, of the date fixed for the hearing and a true copy of the accusation must be attached to the notice. The accused may appear and show cause why his license should not be suspended, revoked, or restricted. The accused has the right to be confronted with and to cross-examine the witnesses against him and has the right to counsel. In instances where a board member has made the initial investigation of a complaint, the board member shall not sit with the board at the hearing of that complaint.
(B) Notice required by subsection (A) must be sent to the accused by certified mail, return receipt requested, directed to the last mailing address furnished to the board. The post office registration receipt signed by the accused, the accused's 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's stamp showing the notice `Refused', is prima facie evidence of service of the notice.
(C) All investigations and proceedings undertaken under the provisions of this chapter are confidential.
(D) Every communication, whether oral or written, made by or on behalf of a complainant to the board or its agents, or to a hearing panel or member of a hearing panel, pursuant to this section whether by way of complaint or testimony, is privileged; and no action or proceeding, civil or criminal, may be brought against a person by whom or on whose behalf the communication was made."
Deletion provisions relating to solicitation
SECTION 4. Section 40-55-150 of the 1976 Code is amended to read:
"Section 40-55-150. (A) The board may revoke, suspend, or restrict the license or permit of a psychologist or reprimand a psychologist when it is established that the psychologist is guilty of misconduct. Misconduct is a satisfactory showing to the board that a license or permit holder:
(1) has used a false, fraudulent, or forged statement or document or has practiced a fraudulent, deceitful, or dishonest act in connection with a license requirement;
(2) has been convicted of a felony or other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere must be considered the equivalent of a conviction;
(3) practiced psychology while under the influence of alcohol or drugs to such a degree as to adversely affect the license or permit holder's ability to practice psychology;
(4) uses alcohol or drugs to such a degree as to adversely affect the license or permit holder's ability to practice psychology;
(5) has knowingly performed an act which in any way assists a person to practice psychology illegally;
(6) has caused to be published or circulated directly or indirectly a fraudulent, false, or misleading statement as to the skill or methods of practice of a psychologist;
(7) has sustained physical or mental impairment or disability which renders further practice by the license or permit holder dangerous to the public;
(8) has violated the principles of ethics as adopted by the board and published in its regulations;
(9) has engaged in conduct that is deceptive, fraudulent, or harmful to the public;
(10) is guilty of obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances;
(11) is guilty of the use of an intentionally false or fraudulent statement in a document connected with the practice of psychology;
(12) has been found by the board to lack the professional competence to practice psychology;
(13) has violated a provision of this chapter regulating the practice of psychology.
(B) In addition to all other remedies and actions incorporated in this chapter, the license of a psychologist adjudged mentally incompetent by a court of competent jurisdiction must be automatically suspended by the board until the psychologist is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency."
SECTION 5. Section 40-55-170 of the 1976 Code is amended to read:
"Section 40-55-170. (A) A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than one thousand dollars. A resident of the county in which a violation has been found to occur may initiate injunction procedures to prevent the violation from continuing.
(B) The board may in its own name maintain a suit for an injunction against a person who violates a provision of this chapter. The suit must be commenced and prosecuted before an administrative law judge as provided under Article 5, Chapter 23, Title 1. An injunction may be issued without proof of actual damage sustained by a person. An injunction does not relieve a person from criminal prosecution for violation of a provision in this chapter. The South Carolina Department of Labor, Licensing, and Regulation shall, if requested by the board, represent the board in connection with legal proceedings undertaken pursuant to this chapter."
SECTION 6. In accordance with Section 1-20-60 of the 1976 Code, the existence of the State Board of Examiners in Psychology is reauthorized for six years.
SECTION 7. This act takes effect upon approval by the Governor.
Approved the 17th day of May, 1994.