(A) A person who practices or offers to practice psychology without being licensed as required by this chapter is guilty of a felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than one year. Upon reasonable investigation, the board shall refer all complaints which involve possible criminal violations of this chapter to the solicitor in the county where the violation occurred. A resident of the county in which a violation occurred may initiate injunction procedures to prevent the violation from continuing.
(B) Pursuant to Section 40-1-210, the board may in its own name maintain a suit for an injunction against a person who violates a provision of this chapter. The suit must be commenced and prosecuted before an administrative law judge as provided under Article 5, Chapter 23, Title 1. An injunction may be issued without proof of actual damage sustained by a person. An injunction may be issued in addition to any other sanctions provided for in this chapter and the injunction does not relieve a person from criminal prosecution as provided for in subsection (A). The South Carolina Department of Labor, Licensing and Regulation shall, if requested by the board, represent the board in connection with legal proceedings undertaken pursuant to this chapter.
HISTORY: 1962 Code Section 56-1543.117; 1968 (55) 2412; 1982 Act No. 430, Section 11; 1994 Act No. 391, Section 5; 1998 Act No. 396, Section 7.
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.