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Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to licensed professional counselors, marriage and family therapists, addiction counselors, and psycho-educational specialists regulated by the Department of Labor, Licensing and Regulation. (A) There is created the Board of Examiners for the Licensure of Professional Counselors, Marriage and Family Therapists, Addiction Counselors, and Psycho-Educational Specialists composed of eleven members appointed by the Governor. Notwithstanding any other provision of law to the contrary, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member on it as a result of the transfer to serve until the term of the transferred member expires.
If there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control. Of the eleven members, nine must be professional members, with representation from each congressional district in the State. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires." Effect of Amendment The 2012 amendment substituted "seven" for "six" throughout; made nonsubstantive changes to subsection (A); and, removed "and the licensed psycho-education specialist" from subsection (B). 249, Section 3, in (A), in the first sentence, inserted "Addiction Counselors," following "Marriage and Family Therapists," and substituted "eleven members" for "nine members", in the second sentence, substituted "eleven members, nine must be professional members, with representation" for " nine members, seven must be professional members, one", in the third sentence, substituted "two must be licensed addiction counselors" for "one of whom must be a certified addictions counselor", and in the fourth sentence, inserted "addiction counseling," following "marriage and family therapy,"; and in (B), in the second sentence, substituted "eight professional members" for "seven professional members" and inserted "addiction counselors," following "marriage and family therapists,", and in the third sentence, substituted ", marriage and family therapist, addiction counselor, or psycho-educational specialist" for "and a marriage and family therapist". As used in this article: (1) "Addiction counselor" means a professional who practices individual, family, and group addiction counseling.
(15) "Person" means an individual, organization, or corporation, except that only individuals can be licensed under this article.
(16) "Practice of marriage and family therapy" means the rendering of marriage and family therapy services to individuals, couples, and families, singly or in groups, whether these services are offered directly to the general public or through organizations, either public or private.
In all cases, ethical guidelines as established by the board must be followed.
(D) A person is guilty of practicing without a license if the person represents himself to be an addiction counselor by the use of any title or description of services which incorporates the words "licensed addiction counselor" or "addiction counselor" without being licensed by the board. Nomination and appointment of board members; vacancies; replacements. Investigations; subpoena of witnesses, taking of evidence, and requiring production of documents. Complaints against licensees; investigation and proceedings. (A) The board may receive complaints by any person against a licensee and may require the complaints to be submitted in writing specifying the exact charge or charges and to be signed by the complainant. An associate who has not completed the requirements for licensure within two years may apply to the board for an extension. (B) A person licensed under this chapter must display the license in a prominent and conspicuous place in the primary place of practice. State reciprocity agreements; licensure of applicants licensed in other jurisdictions or educated in foreign countries. (2) persons pursuing a course of study in a regionally accredited educational or training facility as a formal part of a process to obtain a license associated with this article, if the services constitute a part of a supervised course of study; (3) nonresidents, appropriately licensed or credentialed in their home state, who offer services within this State, if these services are performed for no more than five days a month, and no more than thirty days in any calendar year; (4) volunteers accountable to a sponsoring agency; (5) qualified members of other professionals licensed in this State including, but not limited to, attorneys, physicians, psychologists, registered nurses, or social workers performing duties consistent with the laws of this State, their training, and any code of ethics of their profession if they do not represent themselves as being licensed pursuant to this article; (6) a minister, priest, rabbi, or clergy person of any religious denomination or sect, when the activities are within the scope of performance of his or her regular or specialized ministerial duties, and no fee is received by him or her; or when these activities are performed, with or without compensation, by a person under the auspices or sponsorship of an established church, denomination, or sect and when the person rendering services remains accountable to the established authority and does not hold himself or herself out to the public as possessing a license issued pursuant to this article; or (7) members of peer groups or self-help groups when engaging in or offering self-help assistance as part of peer support groups or self-help organizations including, but not limited to, Alcoholics Anonymous (AA) or Narcotics Anonymous (NA), AA or NA sponsorship, or other uncompensated alcohol or other drug abuse or dependent services. 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. (C) A licensee shall display his or her license in a prominent place at each place of practice. Notwithstanding the provisions of Chapter 55, Title 40, 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. 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. Nothing in this article 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.
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Members may be licensed as a licensed professional counselor, marriage and family therapist, addiction counselor, or psycho-educational specialist. Vacancies must be filled in the same manner as the original appointment for the unexpired portion of the term. A counselor may assess more serious problems as categorized in standard diagnostic nomenclature but only if the counselor has been specifically trained to assess and treat that particular problem.
Each member shall receive 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 the office, including a reasonable number of days, as determined by board regulation, for preparation and reviewing of applications and examinations in addition to time actually spent in conducting examinations. If a client presents with a problem which is beyond the counselor's training and competence, the counselor must refer that problem to a licensed professional who has been specifically trained to diagnose and treat the presenting problem.(12) "Licensee" means an individual who has met the requirements for licensure under this article and has been issued a license to practice as a professional counselor or professional counselor associate, marriage and family therapist or marriage and family therapy associate, or addiction counselor associate.