South Carolina Code of Regulations › Chapter 36 - DEPARTMENT OF LABOR, LICENSING AND REGULATION BOARD OF EXAMINERS FOR LICENSURE OF PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, ADDICTION COUNSELORS, AND PSYCHO-EDUCATIONAL SPECIALISTS › Article 6 - TREATMENT FOR IMPAIRED PRACTITIONERS › Section 36-20 - Treatment of Complaints Pertaining to Impaired Practitioners

Current through Register Vol. 48, No. 6, June 28, 2024
(A) An individual
			 who accepts the privilege of practicing under Title 40, Chapter 75 of the South
			 Carolina Code of Laws in this State is subject to oversight by the Board. By
			 filing an application or being licensed by the Board, the individual shall be
			 deemed to give consent to submit to a mental or physical examination when
			 ordered to do so by the Board in writing, and to have waived all objections to
			 the admissibility of testimony or examination of reports that constitute
			 privileged communications. Failure of the individual to submit to a mental or
			 physical examination order by the Board constitutes an admission of the
			 allegations against the individual licensee unless the failure is due to
			 circumstances beyond the individual's control.
(B) When the Board receives information by
			 the filing of a complaint, or upon its own information, that a licensee's
			 ability to practice has fallen below the acceptable and prevailing standards of
			 care because of habitual or excessive use or abuse of drugs, alcohol, or other
			 substances and other physical or mental impairments that affect the ability to
			 practice, the Board may order the licensee to submit to a mental or physical
			 examination conducted by a designee of the Board for the purpose of determining
			 if there is an impairment that poses a threat to the licensee's well-being or
			 the treatment of a client whom the licensee serves.
(C) If the Board determines that the
			 individual's ability to practice is impaired, the Board shall suspend or place
			 restrictions on the individual's license to practice, or deny the individual's
			 application, and require the individual to submit to treatment, as a condition
			 for initial, continued, reinstated, or renewed licensure to practice.
(D) In cases where the Board has not
			 initiated disciplinary action, the following general pattern of action shall be
			 followed:
(1) upon identification by the Board
			 of reason to believe that a licensee or applicant is impaired it may compel an
			 examination or examinations; and
(2) if the examination or examinations fail
			 to disclose impairment, no action shall be initiated unless other investigation
			 produces reliable, substantial, and probative evidence demonstrating
			 impairment; and
(3) if the
			 examination discloses impairment, or if the Board has other reliable,
			 substantial, and probative evidence demonstrating impairment, including, but
			 not limited to, evidence of relapse after the completion of inpatient or
			 outpatient treatment, the Board shall initiate proceedings to suspend the
			 license or deny licensure of the applicant; and
(4) before being eligible to apply for
			 reinstatement of a license suspended under this section, the practitioner must
			 demonstrate to the Board that a resumption of practice may be made in
			 compliance with acceptable and prevailing standards of care under the
			 provisions of an unrestricted license. Such demonstrations shall include, but
			 shall not be limited to, the following:
(a)
			 certification from a treatment provider approved by the Board that the
			 practitioner has successfully completed any required inpatient treatment;
			 and
(b) evidence of continuing full
			 compliance with an aftercare contract or consent agreement; and
(c) two (2) written reports indicating that
			 the individual's ability to practice has been assessed and that he has been
			 found capable of practicing according to acceptable and prevailing standards of
			 care. The reports shall be made by individuals or providers approved by the
			 Board for making such assessments and shall describe the basis for this
			 determination; and
(5)
			 when the impaired practitioner resumes practice after reinstatement of his
			 license, the Board shall require continued monitoring of the practitioner. This
			 monitoring shall include, but not be limited to, compliance with any written
			 consent agreement entered into before reinstatement or compliance with
			 conditions imposed by the Board order after a hearing, and, upon termination of
			 the consent agreement, submission by the practitioner to the Board, for at
			 least two (2) years, of annual written progress reports made under penalty of
			 perjury stating whether the license holder has maintained sobriety.