(A) The board shall receive complaints by any person against a licensed psychologist. Upon receipt of a complaint the chairman or the chairman's designee shall investigate the allegations of the complaint and make a report to the board concerning the investigation. If the board proceeds further, it may file a formal accusation charging the psychologist with a violation of a provision of this chapter. The accusation must be signed by the chairman or other officer on behalf of the board. When the accusation is filed, and the board sets a date for a hearing, the chairman shall notify the accused in writing, not less than thirty days before the hearing date, of the date fixed for the hearing and a true copy of the accusation must be attached to the notice. The accused may appear and show cause why his license should not be suspended, revoked, or restricted. The accused has the right to be confronted with and to cross-examine the witnesses against him and has the right to counsel. In instances where a board member has made the initial investigation of a complaint, the board member shall not sit with the board at the hearing of that complaint.
(B) Notice required by subsection (A) must be sent to the accused by certified mail, return receipt requested, directed to the last mailing address furnished to the board. The post office registration receipt signed by the accused, the accused's agent, or a responsible member of the accused's household or office staff or if not accepted by the person to whom addressed, the postal authority's stamp showing the notice "Refused", is prima facie evidence of service of the notice.
(C) All investigations and proceedings undertaken under the provisions of this chapter are confidential.
(D) Every communication, whether oral or written, made by or on behalf of a complainant to the board or its agents, or to a hearing panel or member of a hearing panel, pursuant to this section whether by way of complaint or testimony, is privileged; and no action or proceeding, civil or criminal, may be brought against a person by whom or on whose behalf the communication was made.
HISTORY: 1962 Code Section 56-1543.113; 1968 (55) 2412; 1982 Act No. 430, Section 7; 1994 Act No. 391, Section 3.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Section 40-55-20. State Board of Examiners in Psychology.
Section 40-55-30. Appointment of members of board; terms; vacancies.
Section 40-55-40. Powers and duties of board.
Section 40-55-50. Acts constituting practice as psychologist.
Section 40-55-55. Licensure requirement.
Section 40-55-60. Code of ethics; limits of psychological practice; list of licensed psychologists.
Section 40-55-80. Application for license; qualifications of applicants.
Section 40-55-85. Board to promulgate regulations for continuing education requirements.
Section 40-55-100. Examinations.
Section 40-55-110. Waiver of examination.
Section 40-55-120. Statement of patient rights and procedures for complaints.
Section 40-55-150. Revocation or suspension of license or other disciplinary action; grounds.
Section 40-55-160. Disciplinary action by board; appeal.
Section 40-55-170. Penalties; injunctions.
Section 40-55-180. Areas of specialization.
Section 40-55-190. Health insurer not required to provide or pay for services.
Section 40-55-320. Definitions.
Section 40-55-330. Home state licensure.
Section 40-55-340. Compact privilege to practice telepsychology.
Section 40-55-350. Compact temporary authorization to practice.
Section 40-55-360. Conditions of telepsychology practice in a receiving state.
Section 40-55-370. Adverse actions.
Section 40-55-390. Coordinated licensure information system.
Section 40-55-400. Establishment of the Psychology Interjurisdictional Compact Commission.
Section 40-55-410. Rulemaking.
Section 40-55-420. Oversight; dispute resolution; enforcement.
Section 40-55-430. Date of implementation; associated rules; withdrawal; amendments.