reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-150. Voluntary surrender of license.

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-160. Appeal.

A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-170. Payment of investigation and prosecution costs.

A person found in violation of this chapter or a regulation promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-180. Collection and enforcement of imposed costs and fines.

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-190. Confidentiality of client communications; exceptions.

(A) No person licensed under this chapter, and no person's employees or associates, shall disclose any information which he or she may have acquired during the course of treatment, except as required or permitted by applicable state law, federal law, or both, including, but not limited to, compliance with Sections 19-11-95, 43-35-25, 44-29-70, and 63-7-310.
(B) All communications between clients and their licensed professional counselor, marriage and family therapist, or addiction counselor are considered privileged as provided in Section 19-11-95, protecting confidences between patients of mental illness or emotional condition and licensees under this chapter, and as provided in Section 19-11-100, providing limited protection for persons engaged in the gathering of information for journalistic or literary purposes. Additionally, a licensed professional counselor, a licensed marital and family therapist, or addiction counselor must maintain privileged communications and patient confidentiality as required of psycho-therapists. All records of treatments maintained by a licensed professional counselor, marriage and family therapist, or an addiction counselor are confidential and must not be disclosed except under the circumstances provided for in this subsection.
(C) A person licensed under this chapter must comply with all applicable state and federal confidentiality laws related to alcohol or drug treatment records.
HISTORY: 1998 Act No. 396, Section 8; 2018 Act No. 249 (H.4601), Section 8, eff May 18, 2018.
Effect of Amendment
2018 Act No. 249, Section 8, rewrote the section, providing for the inclusion of addiction counselors and revising exceptions.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-200. Violations of chapter; penalty.

(A) A person who practices or offers to practice as a counselor or therapist in this State in violation of this chapter or a regulation promulgated under this chapter or who knowingly submits false information to the board for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
(B) A person violating any other provision of this chapter or a regulation promulgated under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-210. Civil penalties; injunctive relief.

In addition to initiating a criminal proceeding for a violation of this chapter, the board may seek civil penalties and injunctive relief in accordance with Section 40-1-210.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-220. Licensure as professional counselor, marriage and family therapist, or addiction counselor; requirements.

To be licensed by the board as a professional counselor, marriage and family therapist, or addiction counselor, an individual must:
(1) pay the appropriate fees and pass an examination approved by the board;
(2) complete forms prescribed by the board; and
(3) complete the following educational requirements:
(a) for licensed professional counselor or marriage and family therapist, successfully complete a minimum of a master's degree or higher degree program and have been awarded a graduate degree as provided in regulation, provided all course work, including any additional core coursework, must be taken at a college or university accredited by a national educational accrediting body, or one that follows similar educational standards and by the Commission on the Colleges of the Southern Association of Colleges and Schools, one of its transferring regional associations, the Association of Theological Schools in the United States and Canada, or a post-degree program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, or a regionally accredited institution of higher learning subsequent to receiving the graduate degree; or
(b) for licensed addiction counselor, successfully complete a minimum of a master's degree or higher degree program and have been awarded a graduate degree as provided in regulation, provided all course work, including any additional core coursework, must be taken at a college or university accredited by a national educational accrediting body, or one that follows similar standards and the Commission on the Colleges of the Southern Association of Colleges and Schools, one of its transferring regional associations, the Association of Theological Schools in the United States and Canada, the National Addiction Studies Accreditation Commission, other board-approved educational institution, or a regionally accredited institution of higher learning.
HISTORY: 1998 Act No. 396, Section 8; 2018 Act No. 249 (H.4601), Section 9, eff May 18, 2018.
Effect of Amendment
2018 Act No. 249, Section 9, rewrote the section, revising the requirements for licensure and providing additional requirements for addiction counselor licensure.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-225. Licensure as addiction counselor; requirements.

(A) An applicant for licensure as an addiction counselor before October 1, 2018 must:
(1)(a) complete a human services field program of study and field experiences from an accredited educational institution, culminating in a master's degree, and hold a current certification as a Certified Addiction Counselor II (CACII) or Certified Clinical Supervisor (CCS) through the South Carolina Association of Alcohol and Drug Abuse Counselors, a current certification as a Masters Addiction Counselor (MAC) or National Certified Addiction Counselor II (NCACII) through the National Association of Alcohol and Drug Abuse Counselors, or a current certification as an Alcohol and Drug Counselor (ADC) or Advanced Alcohol and Drug Counselor (AADC) from the International Certification and Reciprocity Consortium; and
(b) demonstrate at least two years full-time or four thousand hours of experience within the last five years working primarily with the substance use-disordered population, which may be experience in direct service providing or in a supervisory/consulting environment;
(2)(a) be currently licensed in this State as a Professional Counselor, Professional Counselor Supervisor, or Marriage and Family Therapist; and
(b) demonstrate at least two years full-time or four thousand hours of experience within the last five years working primarily with the substance use-disordered population, which may be experience in direct service providing or in a supervisory/consulting environment; or
(3)(a) complete a human services field program of study and field experiences from an accredited educational institution, culminating in a bachelor's degree, hold a current certification as a Certified Addiction Counselor II (CACII) through the South Carolina Association of Alcohol and Drug Abuse Counselors, a current certification as a National Certified Addiction Counselor II (NCACII) through the National Association of Alcohol and Drug Abuse Counselors, or a current Certification as an Advanced Alcohol and Drug Counselor (AADC) from the International Certification and Reciprocity Consortium; and
(b) demonstrate at least five years full-time or ten thousand hours of experience within the last eight years working primarily with the substance use-disordered population, which may be experience in direct service providing or in a supervisory/consulting environment.
(B) An applicant for licensure as an addiction counselor after October 1, 2018, must meet the standards provided in Section 40-75-220.
HISTORY: 2018 Act No. 249 (H.4601), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-230. Licensure as professional counselor supervisor, marriage and family therapist supervisor, or addiction counselor; requirements.

To be licensed as a professional counselor supervisor, marriage and family therapist supervisor, or addiction counselor, an individual must:
(1) be licensed in South Carolina in the discipline for which the supervisor license is sought;
(2) have been in the practice of counseling, marriage and family therapy, or addiction counseling for at least five years; and
(3) have met the additional requirements prescribed by the board in regulation.
HISTORY: 1998 Act No. 396, Section 8; 2018 Act No. 249 (H.4601), Section 10, eff May 18, 2018.
Effect of Amendment
2018 Act No. 249, Section 10, in the first undesignated paragraph, inserted "professional" following "To be licensed as a", substituted ", marriage and family therapist supervisor" for "or marriage and family therapist supervisor", and inserted "or addiction counselor,"; and in (2), substituted ", marriage and family therapy, or addiction counseling" for "or marriage and family therapy", and added "and" at the end.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-240. Associate licenses.

A professional counselor associate license, marriage and family therapy associate license, or addiction counselor associate license must be issued to an applicant who has satisfied the educational requirements, as specified by the board in regulation, for licensure but who has not yet completed the supervision or experience requirements and has passed the examination required for licensure. An associate who has not completed the requirements for licensure within two years may apply to the board for an extension.
HISTORY: 1998 Act No. 396, Section 8; 2018 Act No. 249 (H.4601), Section 11, eff May 18, 2018.
Effect of Amendment
2018 Act No. 249, Section 11, in the first sentence, substituted "associate license, marriage and family therapy associate license, or addiction counselor associate license" for "intern or marriage and family therapy intern license", and in the second sentence, substituted "associate" for "intern".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-250. Issuance of license; display; renewal.

(A) If an applicant satisfies all licensure requirements as provided for in this article, the board may issue a license to the applicant. A license is a personal right and not transferable, and the issuance of a license is evidence that the person is entitled to all rights and privileges of a licensed professional counselor, marriage and family therapist, an addiction counselor, or of an associate, while the license remains current and unrestricted. However, the license is the property of the State and upon suspension or revocation immediately must be returned to the board.
(B) A person licensed under this chapter must display the license in a prominent and conspicuous place in the primary place of practice.
(C) Licenses issued under this chapter must be renewed every two years upon the payment of a renewal fee and upon the fulfillment of continuing education as determined by the board in regulation.
(D) A licensee who allows the license to lapse by failing to renew the license as provided in this section may be reinstated by the board upon payment of a reinstatement fee and the current renewal fee. The board, by regulation, may impose additional requirements for reinstatement.
HISTORY: 1998 Act No. 396, Section 8; 2018 Act No. 249 (H.4601), Section 12, eff May 18, 2018.
Editor's Note
Prior Laws:1985 Act No. 191, Section 1; 1988 Act No. 318, Section 2; 1976 Code Sections 40-75-110, 40-75-140.
Effect of Amendment
2018 Act No. 249, Section 12, in (A), in the third sentence, substituted ", marriage and family therapist, an addiction counselor, or of an associate" for "or a marriage and family therapist, or of an intern" following "of a licensed professional counselor".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-260. State reciprocity agreements; licensure of applicants licensed in other jurisdictions or educated in foreign countries.

(A) The board may enter into a reciprocal agreement with a state that credentials professional counselors, marriage and family therapists, or addiction counselors if the board finds that the state has substantially the same or higher licensure requirements.
(B)(1) The board may license an individual who is currently credentialed or meets the requirements of a licensed professional counselor, licensed marriage and family therapist, or addiction counselor in another jurisdiction of the United States if the individual has met the standards defined in regulation.
(2) The board shall delineate in regulation procedures for verifying an applicant's credentials from another jurisdiction.
(3) The board may not license an applicant who is under investigation in this or another jurisdiction for an act that would constitute a violation of this chapter until the investigation is complete. When deciding a case, the board shall determine what, if any, rules or discipline apply.
(C) The board may grant a license to practice professional counseling, marriage and family therapy, or addiction counseling to an applicant who has completed an educational program in a college or university in a foreign country if the applicant:
(1) meets all requirements of this article; and
(2) demonstrates to the satisfaction of the board that the applicant's experience, command of the English language, and completed academic program meet the standards of a relevant academic program of an accredited educational institution within the United States. If the requirements of this item are met, the applicant must be considered to have received the education from an accredited educational institution as required by this article.
HISTORY: 1998 Act No. 396, Section 8; 2018 Act No. 249 (H.4601), Section 13, eff May 18, 2018.
Editor's Note
Prior Laws:1985 Act No. 191, Section 1; 1976 Code Section 40-75-150.
Effect of Amendment
2018 Act No. 249, Section 13, in (A), substituted "a state" for "any state" following "reciprocal agreement with", and substituted ", marriage and family therapists, or addiction counselors" for "and marriage and family therapists"; in (B)(1), substituted ", licensed marriage and family therapist, or addiction counselor" for "or a license marriage and family therapist" and "standards defined in regulation" for "same or higher requirements"; and in (C), substituted ", marriage and family therapy, or addiction counseling" for "or marriage and family therapy".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-270. Statement of professional disclosure.

A licensee shall make available to each client a copy of a statement of professional disclosure. The statement of professional disclosure shall include the licensee's address and telephone number, fee schedule, educational training, and area of specialization. The professional disclosure statement shall also explicitly denote that sexual intimacy between a practitioner and a client is prohibited.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-280. Code of ethics; treatment for impaired practitioners; regulations.

The board may promulgate regulations setting forth a code of ethics for licensees and shall establish regulations pertaining to treatment for impaired practitioners.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-285. Application of article.

This article is for the regulation of the practice of licensed professional counselors, marriage and family therapists, and addiction counselors only and does not prevent human resource professionals, business consultants, and other persons from providing advice and counseling in 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.
HISTORY: 1998 Act No. 396, Section 8; 2018 Act No. 249 (H.4601), Section 14, eff May 18, 2018.
Effect of Amendment
2018 Act No. 249, Section 14, substituted ", marriage and family therapists, and addiction counselors" for "and marriage and family therapists" following "licensed professional counselors".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-290. Persons not affected by article.

This article does not apply to:
(1) salaried employees performing duties for which they were trained and hired solely within a federal, state, county, or local:
(a) governmental agency;
(b) licensed mental health or alcohol or drug abuse facility;
(c) accredited academic institutions;
(d) licensed, formally accredited nonprofit agencies; or
(e) research institutions.
(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.
HISTORY: 1998 Act No. 396, Section 8; 2018 Act No. 249 (H.4601), Section 15, eff May 18, 2018.
Effect of Amendment
2018 Act No. 249, Section 15, deleted (8) and (9), which related to certain addiction counselors, and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-295. Third party payors not obligated to provide or pay for services under this chapter.

Nothing in this article may be construed to require a health maintenance organization, a self-funded plan, an accident and health insurer, or any other third party payor to provide services or to pay for services provided for in this chapter.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-300. Repealed.

HISTORY: Former Section, titled Licensure for alcohol and drug counselors, had the following history: 1998 Act No. 396, Section 8. Repealed by 2018 Act No. 249, Section 17, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-310. Severability.

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application and, to this end, the provisions of this chapter are severable.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-510. Board to administer provisions of article and issue licenses.

The Board of Examiners for the Licensure of Professional Counselors, Marriage and Family Therapists, and Psycho-educational Specialists shall administer the provisions of this article and is the sole authority for issuing licenses pursuant to this article.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-530. Application procedures; qualifications.

An applicant for licensure shall complete procedures for application as prescribed by the Board of Examiners for the Licensure of Professional Counselors, Marriage and Family Therapists, and Licensed Psycho-educational Specialists. An applicant must furnish the board with satisfactory evidence that the applicant:
(1) holds from a regionally accredited institution of higher education whose program is approved by the National Association of School Psychologists or the American Psychological Association or from a degree program which the board finds to be substantially equivalent based on criteria established by the board in regulation:
(a) a master's degree plus thirty hours;
(b) a sixty hour master's degree;
(c) a specialist's degree, which must require sixty semester hours or ninety quarter hours; or
(d) a doctorate in school psychology;
(2) is certified by the South Carolina Department of Education as a school psychologist level II or III;
(3) has served successfully for at least two years as a certified school psychologist in a school psychology or comparable setting, at least one year of which must have been under the supervision of a licensed psycho-educational specialist;
(4) has made a satisfactory score, as prescribed by the board, on the Educational Training Service's School Psychology Examination.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-540. Regulations for continuing education; license renewal.

The board shall promulgate regulations in accordance with Chapter 23, Title 1 (Administrative Procedures Act) establishing requirements for continuing education which must be met by a person licensed as a licensed psycho-educational specialist. An applicant for license renewal shall present evidence satisfactory to the board that continuing education requirements have been met.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-550. Issuance of license to person furnishing satisfactory evidence to licensure board in another state.

Upon application, accompanied by the required fee, the board may issue a license to a person who has furnished evidence satisfactory to the board of licensure in another state, a territorial possession of the United States, the District of Columbia, or the commonwealth of Puerto Rico, if the requirements for licensure are equivalent to the requirements of this article, pursuant to the determination of the board.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-560. Use of Licensed Psycho-educational Specialist title.

(A) A person licensed pursuant to this article may use the title "Licensed Psycho-educational Specialist" and the letters "LPES" following his or her name.
(B) It is unlawful for a person who is not licensed in accordance with this article to use the title "Licensed Psycho-educational Specialist".
(C) A licensee shall display his or her license in a prominent place at each place of practice.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-570. Credential lines to be used for work done for school district or private school.

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. Credential lines shall follow the typed or printed name of the licensee. For South Carolina Department of Education school psychologists, level II, the credential line shall read "Licensed Psycho-educational Specialist, Certified by South Carolina Department of Education in School Psychology, Certification No. __________"; For Department of Education school psychologists, level III, the credential line shall read "Licensed School Psychologist, Certified by South Carolina Department of Education in School Psychology, Certification No. __________"; however, to use this credential line a level III school psychologist must be licensed by the South Carolina Board of Examiners in Psychology.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-580. Application of Article 1.

The provisions of Article 1 pertaining to the administrative responsibilities of licensure and regulatory requirements applicable to professional counselors and marriage and family therapists that are not inconsistent with this article also pertain to the licensure and regulation of licensed psycho-educational specialists.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-590. Code of ethics regulations.

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.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-600. Payment of benefits and claims against third parties.

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.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-5. Application of chapter; conflict of law.

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to geologists regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
HISTORY: 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-10. State Board of Registration for Geologists; member qualifications; term; vacancies; removal.

There is created the State Board of Registration for Geologists which shall administer the provisions of this chapter. The board shall consist of four registered professional geologists of varied geological backgrounds who have been engaged in the practice of geology for at least twelve years and have been in responsible charge of important geologic work for at least five years, which may include being in responsible charge of geologic teaching or research, and one lay member who is not a geologist. At all times, at least one member of the board must be an academic geologist, one member must be a salaried company geologist, one member must be an independent or consultant geologist, and one member must be a geologist from a state agency. Each member must be appointed by the Governor for a term of five years and until his successor possessing the same qualifications is appointed and qualifies. Vacancies in the membership of the board must be filled for unexpired terms by appointment by the Governor as provided in this section. The Governor may remove a member of the board in accordance with Section 1-3-240.
HISTORY: 1986 Act No. 507, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-20. Definitions.

As used in this chapter:
(1) "Board" means the State Board of Registration for Geologists.
(2) "Geologist" means a person with special knowledge of the science of geology, hydrology, geophysics, and related earth sciences and principles and methods of geological analysis acquired by professional education and practical experience.
(3) "Geologist-in-training" means a person who possesses the qualifications prescribed in Section 40-77-230 and who has been certified as a geologist-in-training.
(4) "Geology" means the science dealing with the earth and its history; investigation, prediction, and location of the materials and structures which compose it; the natural processes that cause change in the earth; and the applied science of utilizing knowledge of the earth and its constituent rocks, minerals, liquids, gases, and other materials for the benefit of mankind. This definition does not include a service or creative work, the adequate performance of which requires engineering education, training, and experience.
(5) "Public practice of geology" means the performance of geological service or work in the nature of consultation, investigation, surveys, evaluations, planning, mapping, and inspection of geologic work required for or supporting compliance with municipal, county, State of South Carolina, or federal regulations. The "public practice of geology" does not include the practice of engineering as defined in Chapter 21.
(6) "Registered professional geologist" means a person registered as a professional geologist by the board pursuant to Section 40-77-230.
(7) "Responsible charge of work" means the independent control and direction by the use of initiative, skill, and independent judgment of geological work or the supervision of geological work. Responsible charge of geologic teaching or research may be construed as responsible charge of important geological work.
HISTORY: 1986 Act No. 507, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-30. Submission of evidence of qualification to practice; requirement to register.

(A) In order to safeguard life, health, and property and to promote the public welfare, a person engaged in the public practice of geology or offering to engage in the public practice of geology is required to submit evidence that he is qualified to practice and must be registered. It is unlawful for a person to offer or engage in the public practice of geology in this State or to use in connection with his name or otherwise assume, use, or advertise any title or description tending to convey the impression that he is a registered professional geologist, unless he has been registered under the provisions of this chapter. The public practice of geology does not include the work ordinarily performed by persons who practice engineering as defined in Chapter 21.
(B) A person is construed to practice or offer to practice geology or the public practice of geology within the meaning and intent of this chapter who:
(1) practices in any branch of the profession of geology;
(2) by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be a registered professional geologist or through the use of some other title implies that he is a professional geologist, or
(3) holds himself out as able to perform or does perform any geological service or work or any other professional service designated by the practitioner or recognized by educational authorities as geology.
HISTORY: 1986 Act No. 507, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-50. Provision of staffing, fiscal, and licensing operations and activities by Department of Labor, Licensing and Regulation.

The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.
HISTORY: 1986 Act No. 507, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-60. Promulgation of rules and regulations; code of ethics.

The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter. The board may establish by regulation a code of ethics binding on persons licensed under or subject to this chapter.
HISTORY: 1986 Act No. 507, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-70. Seal.

In addition to those powers and duties provided for in this chapter and in Section 40-1-70, the board shall adopt an official seal.
HISTORY: 1986 Act No. 507, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-80. Complaints and violations of chapter; investigation.

The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.
HISTORY: 1986 Act No. 507, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-90. Investigation results; procedures to conduct hearing.

The results of an investigation must be presented to the board and any subsequent hearing must be conducted in accordance with Section 40-1-90.
HISTORY: 1986 Act No. 507, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-100. Cease and desist order, temporary restraining order, and other equitable relief.

In addition to other remedies provided for in this chapter or Chapter 1, Title 40, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
HISTORY: 1986 Act No. 507, Section 1; 1993 Act No. 181, Section 956; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-110. Revocation of registration; grounds.

The board may revoke the registration of a registrant who has been declared mentally incompetent by a court of competent jurisdiction and has not subsequently been lawfully declared competent or who is found guilty of aiding or abetting any person in the violation of any provision of this chapter.
HISTORY: 1986 Act No. 507, Section 1; 1993 Act No. 181, Section 957; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-120. Sanctions and disciplinary actions.

In addition to the sanctions the board may take against a person pursuant to Section 40-38-110, the board may take disciplinary action against a person as provided for in Section 40-1-120.
HISTORY: 1986 Act No. 507, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-130. Denial of license; grounds same as for disciplinary actions.

As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
HISTORY: 1986 Act No. 507, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-140. Denial of license; prior criminal record.

A license may be denied based on a person's prior criminal record as provided for in Section 40-1-140.
HISTORY: 1986 Act No. 507, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-150. Voluntary surrender of license.

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
HISTORY: 1986 Act No. 507, Section 1; 1992 Act No. 434, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-160. Appeal.

A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
HISTORY: 1986 Act No. 507, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-170. Payment of costs for investigation and prosecution.

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
HISTORY: 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-180. Collection and enforcement provisions.

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
HISTORY: 1986 Act No. 507, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-190. Confidentiality of proceedings; privileged communications.

Investigations and proceedings conducted under this chapter are confidential and all communications are privileged as provided for in Section 40-1-190.
HISTORY: 1986 Act No. 507, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-200. Unlicensed practice of geology; submission of false information; penalty.

A person who engages in or offers to engage in the practice or public practice of geology in this State without being licensed or who knowingly submits false information for the purpose of obtaining a license is in violation of this chapter and is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than three months or fined not less than one hundred dollars nor more than five hundred dollars.
HISTORY: 1986 Act No. 507, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-210. Injunctive relief.

The department, on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
HISTORY: 1986 Act No. 507, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-240. Establishment of fees; examinations.

(A) The board in regulation shall establish application, examination, reexamination, registration, and reregistration fees which must be paid at the time of each application or reapplication.
(B) If the board denies the issuance of a certificate of registration to an applicant the initial fee deposited must be retained as an application fee. A registration fee must be collected before issuance of a certificate of registration to a qualified applicant and a reregistration fee is due and payable in accordance with Section 40-1-50.
(C) When examinations are required on fundamental geological subjects ordinarily given in college curricula, the applicant may take that part of the examination before completing the requisite years of scholastic studies in geology. The examination must be prepared and conducted as prescribed by the board with special reference to the applicant's ability to ensure the safety of life, health, and property.
(D) When written examinations are required to practice geology in this State, the examinations must be held at a time and place determined by the board. Examinations must be held at least annually.
HISTORY: 1986 Act No. 507, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-250. Reexamination; continuing education authorized for license renewal.

(A) A candidate failing an examination may apply for reexamination at the next examination date and must be reexamined upon payment of the appropriate fee.
(B) The board may require continuing education as a condition of license renewal.
HISTORY: 1986 Act No. 507, Section 1; 1989 Act No. 168, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-260. University teaching and research considered work experience.

In considering the qualifications of applicants, full-time geologic teaching at the university level supported by research work may be considered as geologic work experience.
HISTORY: 1986 Act No. 507, Section 1; 1989 Act No. 168, Section 2; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-270. Registration eligibility of nonpracticing geologists.

A person having the necessary qualifications prescribed in this chapter is eligible for registration although the person may not be practicing the profession at the time of making application.
HISTORY: 1986 Act No. 507, Section 1; 1989 Act No. 168, Section 3; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-280. Persons licensed in other states or countries; reciprocity.

A person holding a license to practice geology, based on comparable licensing requirements by a state, territory, or possession of the United States, the District of Columbia, or of any foreign country and who, in the opinion of the board, otherwise meets the requirements of this chapter may, upon application, and payment of applicable fees be licensed without further examination.
HISTORY: 1986 Act No. 507, Section 1; 1998 Act No. 354, Section 1.