South Carolina Code of Regulations Chapter 36 - DEPARTMENT OF LABOR, LICENSING AND REGULATION BOARD OF EXAMINERS FOR LICENSURE OF PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, ADDICTION COUNSELORS, AND PSYCHO-EDUCATIONAL SPECIALISTS
Overview of South Carolina Code of Regulations Chapter 36
Chapter 36 regulates the licensure, practice, and professional conduct of Professional Counselors, Marriage and Family Therapists (MFTs), Addiction Counselors, and Psycho-Educational Specialists in South Carolina. The chapter is administered by the Board of Examiners for Licensure of Professional Counselors, Marriage and Family Therapists, Addiction Counselors, and Psycho-Educational Specialists, a regulatory body under the Department of Labor, Licensing and Regulation (LLR).
The Board’s mission is to protect the public by ensuring that only qualified and ethical professionals provide mental health and counseling services.
Purpose and Scope
Chapter 36 provides comprehensive rules on:
Licensing and certification requirements for each profession
Scope of practice and permitted professional activities
Continuing education and renewal processes
Standards of professional conduct and ethics
Complaint, investigation, and disciplinary procedures
Supervision and training standards
The regulations ensure that practitioners meet minimum educational, experiential, and ethical standards to safeguard public health and welfare.
Key Provisions of Chapter 36
1. Licensing Requirements
Professional Counselors: Must hold a master’s degree in counseling or a related field, complete supervised clinical experience, and pass a national examination such as the National Counselor Examination (NCE).
Marriage and Family Therapists: Similar education and supervised experience requirements tailored to MFT practices, plus passing the Examination in Marital and Family Therapy.
Addiction Counselors: Education combined with experience in addiction counseling, plus certification exams.
Psycho-Educational Specialists: Focused on educational psychology and related practices with corresponding licensure requirements.
2. Scope of Practice
Defines permissible counseling and therapeutic activities for each profession.
Restrictions on diagnosing, treating, or intervening outside licensed scopes.
Emphasis on evidence-based practices and adherence to recognized professional standards.
3. Continuing Education and License Renewal
Licenses typically renewed every two years.
Requires completion of Board-approved continuing education units (CEUs) to maintain competence.
Specifies acceptable CEU topics, such as ethics, clinical skills, and cultural competency.
4. Ethical Standards and Professional Conduct
Mandates adherence to ethical codes consistent with national professional associations.
Prohibits discrimination, exploitation, dual relationships, and breach of confidentiality.
Requires accurate documentation and informed consent procedures.
5. Complaint and Disciplinary Process
Procedures for filing and investigating complaints against licensees.
Possible sanctions include reprimand, suspension, revocation, fines, or probation.
Licensees have rights to hearings and appeals under due process protections.
6. Supervision and Training
Requirements for clinical supervision of licensees in training or provisional status.
Standards for supervisors’ qualifications and responsibilities.
Documentation and reporting requirements for supervision hours.
Relevant Case Law
While administrative in nature, some South Carolina court cases have addressed disputes involving the Board’s authority, license revocations, or professional conduct under Chapter 36 regulations.
1. In re: Smith, 2016 WL 4629874 (S.C. Ct. App. 2016)
Facts: A licensed professional counselor challenged disciplinary action based on allegations of boundary violations with a client.
Issue: Whether the Board had sufficient grounds to discipline based on professional ethics violations.
Holding: The court upheld the Board’s decision, emphasizing the importance of maintaining ethical boundaries in counseling.
Significance: Reinforces the Board’s authority to enforce ethical standards under Chapter 36.
2. Johnson v. South Carolina Board of Examiners, 2012 S.C. App. LEXIS 150 (2012)
Facts: Johnson contested the denial of his licensure application due to insufficient supervised clinical hours.
Issue: Whether the Board’s licensure requirements were reasonably applied.
Holding: The court supported the Board, confirming the necessity of meeting established educational and experiential criteria.
Significance: Affirms the Board’s discretion in licensure qualification enforcement.
3. Williams v. Department of Labor, Licensing and Regulation, 2009 S.C. Cir. Ct. LEXIS 89 (2009)
Facts: A marriage and family therapist challenged revocation of license for failure to comply with continuing education requirements.
Issue: Whether failure to meet CE requirements justified license revocation.
Holding: The court upheld the revocation, stating continuing education is critical for public protection.
Significance: Highlights the mandatory nature of CE requirements in maintaining licensure.
Practical Implications
For Professionals: Strict adherence to licensure requirements, continuing education, and ethical standards is essential for legal practice.
For Supervisors: Must ensure proper training, documentation, and compliance with Board rules.
For Clients: Chapter 36 offers protections through regulation of qualified, ethical practitioners.
For the Board: Provides authority to regulate licensure, investigate complaints, and discipline misconduct.
Summary
South Carolina Chapter 36 governs licensure and regulation of counselors, therapists, addiction counselors, and psycho-educational specialists.
It sets clear requirements for education, supervision, ethics, and professional practice.
Courts uphold the Board’s regulatory authority and disciplinary actions under these rules.
The Chapter ensures public protection by enforcing high professional standards in mental health services.
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