(A) The board may revoke, suspend, publicly or privately reprimand, or restrict a licensee or otherwise discipline a licensee when it is established to the satisfaction of the board that a licensee has:
(1) uttered a false or fraudulent statement or forged a statement or document or committed or practiced a fraudulent, deceitful, or dishonest act in connection with license requirements;
(2) been convicted of a felony or other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is the equivalent of a conviction;
(3) violated a regulation, directive, or order of the board;
(4) knowingly performed an act which substantially assists a person to practice counseling, marriage and family therapy, or addiction counseling illegally;
(5) caused to be published or circulated directly or indirectly fraudulent, false, or misleading statements as to the skills or methods or practice of a license holder when malice is shown;
(6) failed to provide and maintain reasonable sanitary facilities;
(7) sustained physical or mental impairment or disability which renders practice dangerous to the public;
(8) violated the code of ethics adopted by the board in regulations;
(9) obtained fees or assisted in obtaining fees under deceptive, false, or fraudulent circumstances;
(10) used an intentionally false or fraudulent statement in a document connected with the practice of professional counseling, marriage and family therapy, or addiction counseling;
(11) been found by the board to lack the professional competence to practice;
(12) practiced during the time his license has lapsed or been suspended or revoked;
(13) practiced the profession or occupation while under the influence of alcohol or drugs or uses alcohol or drugs to such a degree as to render him unfit to practice his profession or occupation.
(B) In addition to other remedies and actions incorporated in this chapter, the license of a licensee adjudged mentally incompetent by a court of competent jurisdiction must be suspended automatically by the board until the licensee is adjudged competent by a court of competent jurisdiction.
HISTORY: 1998 Act No. 396, Section 8; 2018 Act No. 249 (H.4601), Section 7, eff May 18, 2018.
Editor's Note
Prior Laws:1985 Act No. 191, Section 1; 1991 Act No. 107, Section 3; 1976 Code Section 40-75-170.
Effect of Amendment
2018 Act No. 249, Section 7, in (A), in (4), substituted ", marriage and family therapy, or addiction counseling" for "or marriage and family therapy", and in (10), substituted ", marriage and family therapy, or addiction counseling" for "or marriage and family therapy".
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Section 40-75-5. Application of Title 40, Chapter 1, Article 1.
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 40-75-90. Complaints against licensees; investigation and proceedings.
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 40-75-170. 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 40-75-225. Licensure as addiction counselor; requirements.
Section 40-75-240. Associate licenses.
Section 40-75-250. Issuance of license; display; renewal.
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 40-75-310. 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 40-75-560. 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.