(A) For purposes of this chapter, "behavioral telehealth" means the practice of professional counseling, addiction counseling, marriage and family therapy, and licensed psycho-educational specialty using electronic communications, information technology, or other means between a registrant located outside this State and a client located in this State with or without an intervening practitioner. A behavioral telehealth provider has the duty to practice in a manner consistent with his scope of practice and the prevailing professional standard of practice for a behavioral health care professional who provides in-person professional counseling, addiction counseling, marriage and family therapy, and licensed psycho-educational specialist services to clients in this State.
(B) Individuals who hold an active license to provide professional counseling, addiction counseling, marriage and family therapy, and licensed psycho-educational specialist services in another state or jurisdiction may provide these services using behavioral telehealth to a client located in this State if the individual is registered with the board and provides the services within the applicable scope of practice established by this State.
(C) To be registered, the individual must:
(1) complete an application in the format prescribed by the board;
(2) be licensed with an active, unencumbered license that is issued by another state, the District of Columbia, or a possession or territory of the United States and that is substantially similar to a license issued by South Carolina to a professional counselor, addiction counselor, marriage and family therapist, or licensed psycho-educational specialist;
(3) have not been the subject of disciplinary action relating to his license during the five-year period immediately prior to the submission of the application; and
(4) pay a ten-dollar fee.
(D) The website of a behavioral telehealth registrant must prominently display a hyperlink to the board's website containing information required under subsection (F).
(E) The individual may not register under this subsection if his license to provide professional counseling, addiction counseling, marriage and family therapy, or licensed psycho-educational specialist services is subject to a pending disciplinary investigation or action, or has been revoked in any state or jurisdiction. An individual registered under this section must notify the board of restrictions placed on his license to practice or any disciplinary action taken or pending against him in any state or jurisdiction. The notification must be provided within five business days after the restriction is placed or disciplinary action is initiated or taken.
(F) The board shall publish on its website a list of all registrants and include, to the extent applicable, each registrant's:
(1) name;
(2) address;
(3) out-of-state professional license type with the license number; and
(4) South Carolina behavioral telehealth registration number.
(G) The board may take disciplinary action against an out-of-state registrant registered under this section if the individual:
(1) fails to notify the board of any adverse actions taken against his license as required under subsection (E);
(2) has restrictions placed on or disciplinary action taken against his license in any state or jurisdiction;
(3) violates any of the requirements of this section; or
(4) commits any act that constitutes grounds for disciplinary action under the board's statutes or regulations.
(H) For the purposes of this section, the delivery of behavioral telehealth services by a registrant licensed by another state or jurisdiction to a client residing in this State is deemed to occur in this State, and the registrant consents, as a condition of registration, to the personal and subject matter jurisdiction and disciplinary authority of the board.
(I) Nothing in this section requires or authorizes an individual licensed by this State pursuant to this chapter to obtain a behavioral telehealth registration in order to provide behavioral telehealth services to a client residing in this State.
HISTORY: 2022 Act No. 155 (S.1179), Section 3, eff June 12, 2022.
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.