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
Article 6 - TREATMENT FOR IMPAIRED PRACTITIONERS
Section 36-19 - Identification of Impaired Practitioners
Universal Citation: SC Code Regs 36-19
Current through Register Vol. 48, No. 3, March 22, 2024
(A) Any person licensed under Title 40, Chapter 75 of the Code of Laws of South Carolina shall report to the Board any belief that a practitioner suffers from an impairment that does presently or in the future may affect the ability of the practitioner to competently practice, unless:
(1) the individual, or the
organization of which the individual is a part, is a treatment provider
approved by the Board; and
(a) the
practitioner maintains participation in treatment or aftercare; and
(b) the practitioner, if currently undergoing
an inpatient treatment program, is not practicing and is following the
guidelines set forth by the treatment program. If the practitioner is an
out-patient, is maintaining sobriety and is enrolled in an approved aftercare
program; or
(2) the
individual is a member of an impaired practitioner committee, or the
equivalent, established by a hospital or similar institution or its staff, or
is a representative or agent of a committee or program sponsored by a
professional association of individuals licensed under Title 40, Chapter 75 of
the Code of Laws to provide peer assistance to practitioners with substance
abuse problems; and
(a) the practitioner has
been referred for examination to an approved treatment program; and
(b) the practitioner cooperates with the
referral for examination and any determination that he should enter treatment;
and
(c) the practitioner's ability
to practice competently has not been affected; or
(3) the individual maintains a good faith
belief that:
(a) the practitioner has been
referred for examination to an approved treatment program; and
(b) the practitioner cooperates with the
referral for examination and any determination that he should enter treatment;
and
(c) the practitioner's ability
to practice competently has not been affected; or
(4) the individual is otherwise prohibited
from reporting to the Board by state or federal law.
(B) For purposes of this section, a reason to believe or a belief does not require absolute certainty or complete unquestioning acceptance; but only an opinion that an impairment exists based upon firsthand knowledge, or reliable information.
(C) Any report required by this section shall be made to the Board within forty-eight (48) hours.
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