Current Status Introducing Body:
HouseBill Number: 4643Primary Sponsor: KirshCommittee Number: 27Type of Legislation: GBSubject: Psychology Examiners BoardResiding Body: HouseCurrent Committee: Medical, Military, Public and Municipal AffairsCompanion Bill Number: 1118Date Tabled: 19940329Computer Document Number: CYY/15629AC.94Introduced Date: 19940201Last History Body: HouseLast History Date: 19940329Last History Type: Tabled in CommitteeScope of Legislation: StatewideAll Sponsors: Kirsh Waldrop J. Brown G. Bailey BoanType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 4643 House 19940329 Tabled in Committee 27 4643 House 19940201 Introduced, read first time, 27 referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF PRACTICE OF PSYCHOLOGY, SO AS TO DELETE 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:
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 and shall file a copy of the code with the Secretary of State. Whenever important aspects of a case fall outside the boundaries of the psychologist's competence, he the psychologist shall consult appropriate specialists. Psychologists who accept for extended psychotherapy any client who is not a medical referral shall refer the client to a qualified physician who is a member of the American Medical Society for a medical examination at any time as the need for the psychotherapy becomes evident or within the first four weeks of professional contact, except for clients seen by the psychologist for psychological evaluation or marital counseling. 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 him the applicant of its decision. The board shall publish a list of licensed psychologists which indicates areas of practice authorized by the board."
SECTION 2. Section 40-55-80 of the 1976 Code is amended to read:
"Section 40-55-80. Any person wishing to To be licensed as a psychologist a person shall make application to the Board of Examiners in Psychology upon such form forms and in such manner as shall be prescribed by the board. A candidate for such license 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 he 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 such a doctor's degree in psychology, a doctor's degree in a closely allied field; provided, that if the board finds that the training obtained therein in that field 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 the examination, written or oral, as the board deems considers necessary; (c) has completed two years of supervised experience as approved by the board;
(c)(d) is not engaged in unethical practices; and
(d)(e) has not within the preceding six months failed an examination given by the board; provided, further, that.
However, 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."
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 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 the chairman's designee shall investigate the allegations of the complaint and make a report to the board concerning his the investigation. If the board shall then desire to proceed proceeds 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 must be signed by the chairman or other officer on behalf of the board. When the accusation is filed, and the board has set sets a date for a hearing thereon, the chairman shall notify the accused in writing, not less than thirty days prior to before the hearing date, of the date fixed for the hearing and a true copy of the accusation shall must 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 has the right to be confronted with and to cross-examine the witnesses against him and shall have has the right to counsel. In instances where a board member has made the initial investigation of a complaint, he the board member shall not sit with the board at the hearing of such that complaint.
(B) Such notice shall Notice required by subsection (A) must be sent to the accused by registered certified mail, return receipt requested, directed to his the last mailing address furnished by to the board. The post office registration receipt signed by the accused, his the accused's agent, or a responsible member of his the accused's 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 is prima facie evidence of service of such the notice.
(C) All investigations and proceedings undertaken under the provisions of this chapter shall be are confidential.
(D) Every communication, whether oral or written, made by or on behalf of any a complainant to the board or its agents, or any to a hearing panel or member thereon of a hearing panel, pursuant to this section whether by way of complaint or testimony, shall be is privileged; and no action or proceeding, civil or criminal, shall lie may be brought against any such a person, by whom or on whose behalf such the communication shall have been was made, by reason thereof."
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 otherwise restrict the license or permit of any a psychologist or reprimand him a psychologist when it is established that he the psychologist is guilty of misconduct. Misconduct shall be is a satisfactory showing to the board of any of the following that a license or permit holder:
(1) That any has used a false, fraudulent, or forged statement or document has been used, and any or has practiced a fraudulent, deceitful, or dishonest act has been practiced by the holder of a license or certificate in connection with any of the a license requirements requirement.;
(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 must 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 the license or permit holder's ability to practice psychology.;
(4) That the holder of a license uses alcohol or drugs to such a degree as to adversely affect his the license or permit holder's ability to practice psychology.;
(5) That the holder of a license has knowingly performed any an 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 a fraudulent, false, or misleading statements statement as to the skill or methods of practice of any a psychologist.;
(7) That the holder of a license has sustained any physical or mental impairment or disability which renders further practice by him the license or permit holder 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 an intentionally false or fraudulent statement in any a 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 a 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.
(B) In addition to all other remedies and actions incorporated in this chapter, the license of a psychologist adjudged mentally incompetent by any a court of competent jurisdiction shall must be automatically suspended by the board until he the psychologist is adjudged by a court of competent jursidiction 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) Anyone violating the provisions A person who violates a provision of this chapter shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not less than one hundred dollars nor more than one thousand dollars. Any A resident of the county in which such a violation has been found to occur may initiate injunction procedures to prevent such violations 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 office of the Attorney General of South Carolina 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.