South Carolina Code of Laws
Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists
Section 40-75-10. Board of Examiners for Licensure of Professional Counselors, Marriage and Family Therapists, and Psycho-Educational Specialists; membership.

(A) There is created the Board of Examiners for the Licensure of Professional Counselors, Marriage and Family Therapists, Addiction Counselors, and Psycho-Educational Specialists composed of eleven members appointed by the Governor. Of the eleven members, nine 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 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, or psycho-educational services.
(B) The membership must be representative of race, ethnicity, and gender. The eight 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, 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, 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.
HISTORY: 1998 Act No. 396, Section 8; 2012 Act No. 222, Section 10, eff June 7, 2012; 2018 Act No. 249 (H.4601), Section 3, eff May 18, 2018.

Editor's Note
Prior Laws:1985 Act No. 191, Section 1; 1976 Code Section 40-75-20.
2012 Act No. 222, Section 15, provides as follows:
"SECTION 15. Notwithstanding any other provision of law to the contrary, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member on it as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires."
Effect of Amendment
The 2012 amendment substituted "seven" for "six" throughout; made nonsubstantive changes to subsection (A); and, removed "and the licensed psycho-education specialist" from subsection (B).
2018 Act No. 249, Section 3, in (A), in the first sentence, inserted "Addiction Counselors," following "Marriage and Family Therapists," and substituted "eleven members" for "nine members", in the second sentence, substituted "eleven members, nine must be professional members, with representation" for " nine members, seven must be professional members, one", in the third sentence, substituted "two must be licensed addiction counselors" for "one of whom must be a certified addictions counselor", and in the fourth sentence, inserted "addiction counseling," following "marriage and family therapy,"; and in (B), in the second sentence, substituted "eight professional members" for "seven professional members" and inserted "addiction counselors," following "marriage and family therapists,", and in the third sentence, substituted ", marriage and family therapist, addiction counselor, or psycho-educational specialist" for "and a marriage and family therapist".

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 40 - Professions and Occupations

Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists

Section 40-75-5. Application of Title 40, Chapter 1, Article 1.

Section 40-75-10. Board of Examiners for Licensure of Professional Counselors, Marriage and Family Therapists, and Psycho-Educational Specialists; membership.

Section 40-75-20. Definitions.

Section 40-75-30. Licensure requirement.

Section 40-75-40. Nomination and appointment of board members; vacancies; replacements.

Section 40-75-50. Election of officers.

Section 40-75-60. Adoption of rules and regulations.

Section 40-75-70. Additional powers and duties.

Section 40-75-80. Investigations; subpoena of witnesses, taking of evidence, and requiring production of documents.

Section 40-75-90. Complaints against licensees; investigation and proceedings.

Section 40-75-100. Issuance of cease and desist orders or temporary restraining orders; injunction restraining conduct.

Section 40-75-110. Revocation, suspension, reprimand, or restriction of licensee; grounds for discipline.

Section 40-75-120. Sanctions.

Section 40-75-130. Denial of licensure.

Section 40-75-140. Denial of license based on person's prior criminal record not permitted.

Section 40-75-150. Voluntary surrender of license.

Section 40-75-160. Appeal.

Section 40-75-170. Payment of investigation and prosecution costs.

Section 40-75-180. Collection and enforcement of imposed costs and fines.

Section 40-75-190. Confidentiality of client communications; exceptions.

Section 40-75-200. Violations of chapter; penalty.

Section 40-75-210. Civil penalties; injunctive relief.

Section 40-75-220. Licensure as professional counselor, marriage and family therapist, or addiction counselor; requirements.

Section 40-75-225. Licensure as addiction counselor; requirements.

Section 40-75-230. Licensure as professional counselor supervisor, marriage and family therapist supervisor, or addiction counselor; requirements.

Section 40-75-240. Associate licenses.

Section 40-75-250. Issuance of license; display; renewal.

Section 40-75-260. State reciprocity agreements; licensure of applicants licensed in other jurisdictions or educated in foreign countries.

Section 40-75-270. Statement of professional disclosure.

Section 40-75-280. Code of ethics; treatment for impaired practitioners; regulations.

Section 40-75-285. Application of article.

Section 40-75-290. Persons not affected by article.

Section 40-75-295. Third party payors not obligated to provide or pay for services under this chapter.

Section 40-75-300. Repealed.

Section 40-75-310. Severability.

Section 40-75-510. Board to administer provisions of article and issue licenses.

Section 40-75-520. Licensed psycho-educational specialist practice; description.

Section 40-75-530. Application procedures; qualifications.

Section 40-75-540. Regulations for continuing education; license renewal.

Section 40-75-550. Issuance of license to person furnishing satisfactory evidence to licensure board in another state.

Section 40-75-560. Use of Licensed Psycho-educational Specialist title.

Section 40-75-570. Credential lines to be used for work done for school district or private school.

Section 40-75-580. Application of Article 1.

Section 40-75-590. Code of ethics regulations.

Section 40-75-600. Payment of benefits and claims against third parties.

Section 40-75-800. Out-of-state counselors and related therapists authorized.