Current Status Bill Number:3820 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970403 Primary Sponsor:Beck All Sponsors:Beck, Edge, Mason, Carnell, Trotter, Sharpe, Cato, R. Smith, Clyburn, Limehouse, H. Brown, Harrison, Bailey and Tripp Drafted Document Number:psd\7165ac.97 Companion Bill Number:718 Residing Body:Senate Current Committee:Medical Affairs Committee 13 SMA Date of Last Amendment:19980218 Subject:Psychology, psychologists; license and application requirements, practice of
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980224 Introduced, read first time, 13 SMA
referred to Committee
House 19980219 Read third time, sent to Senate
House 19980218 Amended, read second time
House 19980211 Committee report: Favorable with 26 HLCI
amendment
House 19970403 Introduced, read first time, 26 HLCI
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
February 18, 1998
H. 3820
Introduced by Reps. Beck, Edge, Mason, Carnell, Trotter, Sharpe, Cato, R. Smith, Clyburn, Limehouse, H. Brown, Harrison, Bailey and Tripp
S. Printed 2/18/98--H.
Read the first time April 3, 1997.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-55 SO AS TO PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE; TO AMEND SECTION 40-55-50, RELATING TO ACTS CONSTITUTING PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO AMEND SECTION 40-55-80, AS AMENDED, RELATING TO PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO AS TO REMOVE THE PROVISIONS THAT A PERSON MAY HAVE A DOCTOR'S DEGREE IN AN ALLIED FIELD RATHER THAN IN PSYCHOLOGY AND THAT A LICENSE MAY BE AWARDED WITHOUT EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO EXEMPTIONS FROM PSYCHOLOGY LICENSURE SO AS TO FURTHER SPECIFY AND CLARIFY THESE EXEMPTIONS; AND TO AMEND SECTION 40-55-170, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE ACT SO AS TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN VIOLATION OF CHAPTER 55, TITLE 40, TO INCREASE PENALTIES, AND TO REQUIRE THE BOARD TO REFER POSSIBLE VIOLATIONS TO THE SOLICITOR.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-55-55. It is unlawful for a person to engage in the practice of psychology in this State without obtaining a license from the board, except as otherwise authorized by this chapter."
SECTION 2. Section 40-55-50 of the 1976 Code is amended to read:
"Section 40-55-50. (A) A person practices as a psychologist within the meaning of this chapter when he:
(1) Holds himself out to be a psychologist or
(2) Renders to individuals or to the public for a fee, monetary or otherwise, any service involving the recognized principles, methods and procedures of the science and profession of psychology, such as: (a) assessment or measurement, through the use of psychological tests and interviews, of intelligence, aptitudes, skills, personality traits, behavior adjustment, attitudes and interests; (b) techniques of personality and behavior readjustment, such as group and individual psychotherapy, remotivation and conditioning. that person holds himself or herself out as a psychologist or applies the principles, methods, or procedures of psychology in the conduct of any of the following activities:
(1) Assessment of individual, family, or group behavioral, emotional, and/or intellectual functioning for the purpose of one or more of the following:
(a) diagnosing mental disorders;
(b) identifying psychological or neuropsychological aspects of other dysfunctions, diseases, or disabilities;
(c) evaluating mental or emotional status including intelligence and aptitude;
(d) identifying personality characteristics;
(e) identifying psychological factors influencing well-being;
(f) selecting, placing, or referring into treatments, programs, or settings;
(g) evaluating the effectiveness of treatments, programs, or settings;
(h) preventing mental disorders or maladaptive behavior related to other dysfunction, disease, or disability.
For purposes of this section, 'assessment' refers to, but is not limited to one or more of the following practices insofar as they involve the application of psychological principles, methods, or procedures: observation, description, testing, appraisal, evaluation, screening, test interpretation, interviewing, diagnosis of mental disorders, neuropsychological testing, psychological testing or evaluation or psycho-educational testing or evaluation or a combination of any of these for any of the purposes identified in this item.
(2) Engaging in a therapeutic relationship with an individual, family, or group for the purpose of one or more of the following:
(a) improving the quality of mental health or social adjustment or both;
(b) reducing, preventing, modifying, or eliminating maladaptive or undesired behaviors, cognitions, emotions, or psychological or physical characteristics;
(c) treating diagnosed mental disorders, whether treatment is focused on behavioral manifestations of the disorder, the environmental context of the disorder, or underlying causal processes;
(d) improving individual performance;
(e) modifying cognitions, emotions, or behaviors, or a combination of these, in order to influence psychological well-being;
(f) psychological research; or
(g) any combination of subitems (a) through (f).
For purposes of this section, a 'therapeutic relationship', except as provided for in Section 40-55-90, refers to, but is not limited to, one or more of the following practices insofar as they involve the application of psychological principles, methods, or procedures; psychotherapy, psychoanalysis, therapy, family therapy, marital therapy, couples therapy, play therapy, counseling, rehabilitation, intervention, hypnotherapy, biofeedback, behavior therapy, behavior modification, psychological counseling, human potential psychology, vocational counseling, school counseling, growth psychology, alcohol or substance abuse counseling, or both, or remediation or a combination of any of these for any of the purposes identified in this item.
(3) Engaging in a psychological consulting relationship with an individual organization, group or community, or a combination of these, for the purpose of:
(a) designing or delivering psychological programs or services or both;
(b) evaluating psychological programs or services.
For purposes of this section a 'psychological consulting relationship' refers to, but is not limited to, one or more of the following practices insofar as they predominately involve the application of psychological principles, methods, or procedures: consulting, intervention, program evaluation, organizational psychology, environmental psychology, community psychology, and experimental psychology.
(B) A person not otherwise exempt from this chapter is engaged in the practice of psychology when performing any of the activities enumerated in subsection (A), regardless of whether or not payment is received for the services.
Specifically excluded from psychological practice within the meaning of this chapter shall be all of the physical, chemical and nonbehavioral aspects of Chapter 47 of Title 40. Nothing in this chapter shall prohibit or limit a licensed physician in the practice of his profession as provided by law.
(C) A person is deemed to be practicing as a psychologist within the meaning of this chapter if the person engages in any of the activities enumerated in subsection (A) electronically within this State including, but not limited to, by means of the Internet, phonelines, and personal computer modems."
SECTION 3. Section 40-55-80 of the 1976 Code, as last amended by Act 391 of 1994, is further 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 unless there are mitigating circumstances; and
(2) satisfactory evidence that the candidate has obtained a doctoral degree in psychology from:
(a) an institution of higher education that is:
(i) regionally accredited by an accrediting body recognized by the United States Department of Education; or
(ii) authorized by provincial statute or royal charter to grant doctoral degrees; and
(b) a program accredited by the American Psychological Association or the Canadian Psychological Association or designated as a psychology program by the designation committee of the National Register of Health Service Providers in Psychology and the Association of State and Provincial Psychology Boards (ASPPB); or
(c) an institution of higher education that is:
(i) regionally accredited by an accrediting body recognized by the U. S. Department of Education; or
(ii) authorized by provincial statute or royal charter to grant doctoral degrees; and
(d) a program that includes at least three years of full time graduate study not including predoctoral internship as specified in the ASPPB Agreement of Reciprocity and includes instruction in the scientific and professional subject areas specified by the ASPPB Agreement of Reciprocity. Competence must be demonstrated by appropriate course work in each content area as determined by the Board of Examiners in Psychology.
(3) satisfactory evidence that the candidate is competent in psychology as shown by passing written and oral examinations as required by the board;
(4) satisfactory evidence that the candidate has completed two years of supervised experience as approved by the board and specified in the ASPPB Agreement of Reciprocity;
(5) satisfactory evidence that the candidate has not engaged in unethical practices; and
(6) satisfactory evidence that the candidate has not within the preceding six months failed an examination given by the board;
(7) a copy of a criminal history record if the applicant has been convicted or plead guilty or nolo contendere to any criminal offense excluding traffic violations; and
(8) documentation of any disciplinary action taken against the applicant while the applicant was participating in a psychology internship program or other psychology-related training program or during previous psychology-related employment.
(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 4. 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 does not require these persons to obtain a license pursuant to this chapter:
(1) a licensed member of another profession who is regulated by the Department of Labor, Licensing and Regulation and who is rendering services of a psychological nature, if the person:
(a) is acting within the scope of practice, as set out by the law regulating the practice;
(b) acts in a manner consistent with the code of ethics of the respective profession; and
(c) does not represent himself to be a psychologist or his services to be psychological;
(2) a member of the clergy of an organized religious society or denomination functioning in a ministerial capacity, if the person does not represent himself to be a psychologist or his services to be psychological;
(3) a matriculated intern or student, enrolled in a recognized training program engaging in activities defined as the practice of psychology if the intern or student does not represent himself by the title of 'psychologist'; however, the intern or student may refer to himself as 'psychology-trainee', 'psychology-intern', or 'psychology-resident', if performing activities under the supervision of a psychologist licensed in this State, in accordance with regulations promulgated by the board;
(4) an individual pursuing board approved postdoctoral training or experience in professional psychology who is performing appropriately supervised activities;
(5) a person certified as a school psychologist by the South Carolina Department of Education if the person's practice is restricted to regularly salaried employment within a setting under the purview of the South Carolina Department of Education and as specified by the terms of employment. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter;
(6) a person certified as a school psychologist by the South Carolina Department of Education who provides contract services of a psychological nature to public schools or private schools or any federal or state agency as authorized by the certification. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter;
(7) a person certified as a school guidance counselor or social worker by the South Carolina Department of Education who provides counseling services or school social work services consistent with the person's certification and training and as specified by the terms of employment. Such practice is restricted to regularly salaried employment within a setting under the purview of the South Carolina Department of Education. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter;
(8) a person employed by a private school as a guidance counselor or social worker who provides services consistent with the person's training. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter;
(9) a government employee of this State or a local or federal government employee providing services of a psychological nature within the scope of employment. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter;
(10) South Carolina Department of Alcohol and Other Drug Abuse Services employee who:
(a) holds a certification credential from the South Carolina Association of Alcohol and Drug Abuse Counselors (SCAADAC) or is a counselor in the process of obtaining such a credential who is currently under the supervision of a SCAADAC certified counselor;
(b) is employed in a position that is directly or indirectly funded through the South Carolina Department of Alcohol and Other Drug Abuse Services or its local contract providers; and
(c) provides services of a psychological nature within the scope of his or her employment but does not in any way describe himself or herself or his or her services by any title or description which states or implies that he or she holds a license as otherwise required by this chapter;
(11) a college student personnel counselor in an accredited college or university performing services consistent with the person's training and occupational role in the institution. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter;
(12) an individual including, but not limited to, an educator, daycare provider, hospital worker, member of a police or fire department, or other community worker providing, within the individual's normal scope of employment, emotional support, guidance, nurturance, or crisis management intervention to persons in need.
This section is not intended to prevent individuals from providing, on a voluntary basis, emotional support, nurturance, or crisis management intervention to persons in need.
This chapter is for the regulation of the practice of psychology only and must not prevent human resource professionals, business consultants, and other persons from providing advice and counseling to their organizations or affiliated groups or to their companies and employees of their companies or from engaging in activities performed in the course of their employment."
SECTION 5. Section 40-55-170 of the 1976 Code, as last amended by Act 391 of 1994, is further amended to read:
"Section 40-55-170. (A) A person who practices or offers to practice psychology without being licensed as required by this chapter who violates a another provision of this chapter is guilty of a misdemeanor felony and, upon conviction, must be fined not less than one hundred dollars nor more than one fifty thousand dollars or imprisoned not more than one year. Upon reasonable investigation, the board shall refer all complaints which involve possible criminal violations of this chapter to the solicitor in the county where the violation occurred. A resident of the county in which a violation has been found to occur occurred may initiate injunction procedures to prevent the violation from continuing.
(B) Pursuant to Section 40-1-210 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 may be issued in addition to any other sanctions provided for in this chapter and the injunction does not relieve a person from criminal prosecution for violation of a provision in this chapter as provided for in subsection (A). 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. The 1976 Code is amended by adding:
"Section 40-55-120. All psychologists subject to this chapter must provide patients with a statement of their rights and procedures to file a complaint as prescribed by the board."
SECTION 7. This act takes effect upon approval by the Governor.