TO AMEND SECTION 40-75-5, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SECTION 40-75-10, AS AMENDED, SECTION 40-75-20, AS AMENDED, SECTION 40-75-30, AS AMENDED, SECTION 40-75-110, AS AMENDED, SECTION 40-75-190, AS AMENDED, SECTION 40-75-200, SECTION 40-75-220, AS AMENDED, SECTION 40-75-250, AS AMENDED, SECTION 40-75-260, AS AMENDED, SECTION 40-75-285, AS AMENDED, ALL RELATING TO THE REGULATION OF LICENSED PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, ADDICTION COUNSELORS, AND PSYCHO-EDUCATIONAL SPECIALISTS, SO AS TO PROVIDE FOR THE REGULATION OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS, AND TO MAKE MISCELLANEOUS AND CONFORMING CHANGES; TO REDESIGNATE CHAPTER 75, TITLE 40 AS "PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, BEHAVIOR ANALYSTS, AND LICENSED PSYCHO-EDUCATIONAL SPECIALISTS", AND TO REDESIGNATE ARTICLE 1, CHAPTER 75, TITLE 40 AS "PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, BEHAVIOR ANALYSTS, AND LICENSED PSYCHO-EDUCATIONAL SPECIALISTS".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-75-5 of the 1976 Code, as last amended by Act 249 of 2018, is further amended to read:
"Section 40-75-5. Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to licensed professional counselors, licensed behavior analysts, licensed assistant behavior analysts, marriage and family therapists, addiction counselors, and psycho-educational specialists regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control."
SECTION 2. Section 40-75-10 of the 1976 Code, as last amended by Act 249 of 2018, is further amended to read:
"Section 40-75-10. (A) There is created the Board of Examiners for the Licensure of Professional Counselors, Marriage and Family Therapists, Addiction Counselors, Behavior Analysts, and Psycho-Educational Specialists composed of eleven thirteen members appointed by the Governor. Of the eleven thirteen members, nine eleven must be professional members, with representation from each congressional district in the State. Of the professional members, three must be licensed professional counselors, two must be licensed behavior analysts, two must be licensed addiction counselors, three must be marriage and family therapists, and one must be a psycho-educational specialist. The remaining two members must be at large from the general public and must not be associated with, or financially interested in, the practice of professional counseling, marriage and family therapy, addiction counseling, behavior analysis, or psycho-educational services.
(B) The membership must be representative of race, ethnicity, and gender. The eight eleven professional members must have been actively engaged in the practice of their respective professions or in the education and training of professional counselors, marriage and family therapists, addiction counselors, behavior analysts, or psycho-educational specialists for at least five years prior to appointment. Members may be licensed as a licensed professional counselor, marriage and family therapist, addiction counselor, behavior analyst, or psycho-educational specialist. Members are eligible for reappointment. Vacancies must be filled in the same manner as the original appointment for the unexpired portion of the term. 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."
SECTION 3. Section 40-75-20 of the 1976 Code, as last amended by Act 249 of 2018, is further amended to read:
"Section 40-75-20. As used in this article:
(1) 'Addiction counselor' means a professional who practices individual, family, and group addiction counseling.
(2) 'Alcohol and drug counseling services' means those services offered for a fee as part of the treatment and rehabilitation of persons with a substance abuse disorder, at risk of developing a substance abuse disorder, or is negatively affected by someone with a substance abuse disorder. The purpose of alcohol and drug counseling services is to help individuals, families, and groups to address and resolve problems caused by substance abuse.
(3) 'Approved supervisor' means a licensee who has met the requirements for approval as a professional counselor supervisor, marriage and family therapy supervisor, or addiction counselor supervisor as provided in regulation.
(4) 'Assessment' in the practice of counseling and therapy means selecting, administering, scoring, and interpreting evaluative or standardized instruments; assessing, diagnosing, and treating, using standard diagnostic nomenclature, a client's attitudes, abilities, achievements, interests, personal characteristics, disabilities, and mental, emotional, and behavioral problems that are typical of the developmental life cycle; and the use of methods and techniques for understanding human behavior in relation to, coping with, adapting to, or changing life situations. 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. 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. In all cases, ethical guidelines as established by the board must be followed.
(5) 'Associate' means an individual who has met the requirements for licensure as a professional counselor associate, marriage and family therapy associate, or addiction counselor associate under the provisions of this article and has been issued a license by the board.
(6) 'Behavior technician' means a paraprofessional who practices under the close, ongoing supervision of a licensed behavior analyst or licensed assistant behavior analyst following the completion of a criminal background check. A behavior technician does not design assessment or intervention plans or procedures but delivers services as assigned by the supervisor responsible for his work.
(7) 'Board' means the South Carolina Board of Licensed Professional Counselors, Marriage and Family Therapists, Addictions Counselors, Behavior Analysts, and Psycho-Educational Specialists.
(7)(8) 'Certifying entity' means the Behavior Analyst Certification Board or its successor.
(9) 'Client' means a person or patient, whether an individual or a member of a group, a group, an agency or an organization, who receives in an office setting any treatment or service that falls within the scope of practice of a licensed professional counselor, marriage and family therapist, addiction counselor, behavior analyst, or psycho-educational specialist.
(8)(10) 'Consulting' means the application of scientific principles and procedures in counseling and human development to provide assistance in understanding and solving current or potential problems that the client may have in relation to a third party, individuals, groups, and organizations.
(9)(11) 'Director' means the Director of the Department of Labor, Licensing and Regulation.
(10)(12) 'Federally assisted program' means a program directly funded by the federal government, operated by the federal government, certified for Medicaid reimbursement, receiving federal block grant funds through a state or local government, licensed by the federal government, or exempt from paying taxes under a provision of the federal Internal Revenue Code.
(11)(13) 'License' means an authorization to practice counseling, marriage and family therapy, or behavior analysis, issued by the board pursuant to this article and includes an authorization to practice as a professional counselor associate, marriage and family therapy associate, behavior analyst, behavior analyst assistant, or addiction counselor associate.
(12)(14) '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, behavior analyst, behavior analyst assistant, or addiction counselor associate.
(15) 'Licensed assistant behavior analyst' means an individual who is certified by the certifying entity as a board-certified assistant behavior analyst and is licensed in this State to practice behavior analysis under the extended authority and supervision of a licensed behavior analyst who is approved as a supervisor by the certifying entity.
(16) 'Licensed behavior analyst' means an individual who is certified by the certifying entity as a board-certified behavior analyst or board-certified behavior analyst-doctoral and is licensed in this State to practice behavior analysis independently.
(13)(17) 'Licensed professional counselor' means an individual who practices professional counseling.
(14)(18) 'Marriage and family therapy' means the assessment and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of marriage and family systems. Marriage and family therapy involves the application of psycho-therapeutic and family systems theories and techniques in the delivery of services to individuals, couples, and families for the purpose of treating diagnosed emotional, mental, behavioral, or addictive disorders.
(15)(19) 'Person' means an individual, organization, or corporation, except that only individuals can be licensed under this article.
(20) 'Practice of behavior analysis' means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior. The practice of behavior analysis includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis. Applied behavior analysis interventions are based on scientific research and direct and indirect observation and measurement of behavior and environment. Behavior analysts uses contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other procedures to help individuals develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions. The practice of behavior analysis does not include diagnosis of disorders, psychological testing, psychotherapy, cognitive therapy, psychoanalysis, or counseling.
(16)(21) '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.
(17)(22) 'Practice of professional counseling' means functioning as a psycho-therapist and may include, but is not limited to, providing individual therapy, family counseling, group therapy, marital counseling, play therapy, couples counseling, substance abuse counseling, vocational counseling, school counseling, rehabilitation counseling, intervention, human growth and development counseling, behavioral modification counseling, and hypnotherapy. The practice of professional counseling may include assessment, crisis intervention, guidance and counseling to facilitate normal growth and development, including educational and career development; utilization of functional assessment and counseling for persons requesting assistance in adjustment to a disability or handicapping condition; and consultation and research. The use of specific methods, techniques, or modalities within the practice of licensed professional counseling is restricted to professional counselors appropriately trained in the use of these methods, techniques, or modalities.
(18)(23) 'Practice of addiction counseling' means providing professional services that are delivered by a licensed addiction professional, designed to change substance use or addictive behavior, and involve specialized knowledge and skill related to addictions and addictive behaviors, including understanding addiction, knowledge of the treatment process, application to practice and professional readiness. The term includes:
(a) gathering information through structured interview screens using routine protocols;
(b) reviewing assessment findings to assist in the development of a plan individualized for treatment services and to coordinate services;
(c) referring for further assessment, diagnosis, evaluation and mental health therapy;
(d) providing client and family education related to addictions;
(e) providing information on social networks and community systems for referrals and discharge planning;
(f) participating in multidisciplinary treatment team meetings or consulting with clinical addiction professionals;
(g) counseling, through individual and group counseling, as well as group and family education, to treat addiction and substance use disorders in a variety of settings; and
(h) maintaining the highest level of professionalism and ethical responsibility.
(19)(24) 'Referral' means evaluating and identifying needs of a client to determine the advisability of referral to other specialists, informing the client of this determination, and communicating as requested or considered appropriate with these referral sources.
(20)(25) 'Supervision' means the supervision of clinical services in accordance with standards established by the board under the supervision of an approved supervisor."
SECTION 4. Section 40-75-30 of the 1976 Code, as last amended by Act 249 of 2018, is further amended to read:
"Section 40-75-30. (A) It is unlawful for a person to practice as a professional counselor, a marriage and family therapist, a behavior analyst, assistant behavior analyst, or an addiction counselor in this State without being licensed in accordance with this article unless exempt pursuant to Section 40-75-285. A professional counselor associate may practice only under the direct supervision of a licensed professional counselor supervisor. A marriage and family therapy associate may practice only under the direct supervision of a licensed marriage and family therapist supervisor, as approved by the board. A licensed assistant behavior analyst only may work under the direct supervision of a licensed behavior analyst who is approved as a supervisor by the certifying entity. An addiction counselor associate only may work under a licensed addiction counselor supervisor or other approved board-licensed clinician as provided in regulation.
(B) A person is guilty of practicing without a license if the person represents himself or herself to be a marriage and family therapist by the use of any title or description of services which incorporates the words 'licensed marital and family therapist', 'licensed marriage and family therapist', 'marital and family therapist', 'marriage and family therapist', or 'marriage and family counselor' to describe a function or service performed without being licensed by the board. However, members of other professions 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 are not considered to be practicing without a license if they do not represent themselves as being licensed pursuant to this article.
(C) A person is guilty of practicing without a license if the person represents himself or herself to be a professional counselor by the use of any title or description of services which incorporates the words 'licensed professional counselor', 'professional counselor', or 'licensed counselor' without being licensed by the board. However, members of other professions licensed in this State including, but not limited to, attorneys, physicians, psychologists, registered nurses, or social workers performing duties consistent with