South Carolina Code of Regulations Chapter 36 - DEPARTMENT OF LABOR, LICENSING AND REGULATION BOARD OF EXAMINERS FOR LICENSURE OF PROFESSIONAL COUNSELORS, MARRIAGE A
South Carolina Code of Regulations Chapter 36
Department of Labor, Licensing and Regulation (LLR) Board of Examiners for Licensure of Professional Counselors, Marriage and Family Therapists
1. Overview and Purpose
Chapter 36 governs the licensure, regulation, and discipline of professional counselors and marriage and family therapists in South Carolina. The regulatory board operates under the Department of Labor, Licensing and Regulation (LLR) and aims to:
Protect public health, safety, and welfare by ensuring competent and ethical practice.
Establish standards for licensure, examination, and continuing education.
Provide a framework for disciplinary actions against practitioners violating professional standards.
2. Composition and Authority of the Board
The Board comprises licensed professionals and public members appointed to oversee licensure and discipline.
It has authority to grant, deny, suspend, or revoke licenses.
The Board promulgates rules and regulations to implement licensure laws.
It conducts investigations and hearings on complaints.
3. Licensure Requirements
To obtain licensure as a professional counselor or marriage and family therapist, applicants must generally meet:
Educational qualifications: Graduate degree in counseling or related fields from an accredited institution.
Supervised experience: Completion of a specified number of hours under a licensed supervisor.
Examination: Passing scores on recognized professional exams.
Ethical standards: Commitment to abide by professional ethics.
4. Continuing Education
Licensed professionals must complete continuing education (CE) credits to maintain licensure, ensuring ongoing competency.
5. Complaints and Discipline
The Board investigates complaints of misconduct, negligence, or unethical behavior.
Possible disciplinary actions include reprimand, probation, suspension, or revocation.
Licensees are entitled to due process, including notice, hearings, and appeal rights.
6. Procedural Framework
Application Process: Submission of forms, fees, and supporting documents.
Review and Examination: Evaluation of qualifications and exam results.
Issuance of License: Upon successful completion.
Complaint Handling: Filing, investigation, and resolution.
Administrative Hearings: Conducted if disciplinary action is proposed.
Appeals: Right to appeal adverse decisions within the administrative framework or courts.
7. Legal Principles and Hypothetical Case Law
Here are hypothetical case law examples illustrating key legal principles that courts typically uphold:
Case 1: Denial of License Based on Education
Facts: An applicant with a degree from a non-accredited institution is denied licensure.
Legal Principle: The Board’s requirement for accredited education is a reasonable professional standard. Denial is upheld unless arbitrary or discriminatory.
Outcome: Court affirms denial for failing to meet regulatory requirements.
Case 2: Disciplinary Suspension for Ethical Violation
Facts: A licensed counselor is suspended after a complaint of breach of confidentiality.
Legal Principle: Protection of client confidentiality is fundamental. The Board’s disciplinary action is supported by evidence and follows due process.
Outcome: Suspension upheld, emphasizing public protection.
Case 3: Appeal of License Revocation
Facts: Licensee challenges revocation alleging insufficient notice and unfair hearing.
Legal Principle: Administrative due process requires adequate notice and a fair hearing opportunity.
Outcome: Court orders a new hearing due to procedural deficiencies.
8. Summary Table
| Aspect | Description |
|---|---|
| Licensure Standards | Education, supervised experience, exams |
| Board Authority | Granting, denying, suspending, revoking licenses |
| Continuing Education | Mandatory ongoing professional development |
| Disciplinary Process | Complaints, investigations, hearings, sanctions |
| Due Process Protections | Notice, fair hearing, appeal rights |
9. Conclusion
South Carolina’s Chapter 36 regulations ensure that professional counselors and marriage and family therapists meet strict standards to protect clients and maintain high-quality mental health services. The Board’s authority balances public protection with fair licensing and disciplinary procedures, upheld by principles of administrative law and due process.
RELATED Blog
0 comments