South Carolina Code 40-55-370. Adverse actions
(B) A receiving state may take adverse action on a psychologist’s authority to practice interjurisdictional telepsychology within that receiving state. A home state may take adverse action against a psychologist based on an adverse action taken by a distant state regarding temporary in-person, face-to-face practice.
Terms Used In South Carolina Code 40-55-370
- Adverse action: means any action taken by a state psychology regulatory authority which finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record. See South Carolina Code 40-55-320
- Authority to practice interjurisdictional telepsychology: means a licensed psychologist's authority to practice telepsychology, within the limits authorized under this compact, in another compact state. See South Carolina Code 40-55-320
- commission: means the national administration of which all compact states are members. See South Carolina Code 40-55-320
- Compact state: means a state, the District of Columbia, or United States territory that has enacted this compact legislation and which has not withdrawn pursuant to § 40-55-430(C) or been terminated pursuant to § 40-55-420(B). See South Carolina Code 40-55-320
- Distant state: means the compact state where a psychologist is physically present (not through the use of telecommunications technologies), to provide temporary in-person, face-to-face psychological services. See South Carolina Code 40-55-320
- Home state: means a compact state where a psychologist is licensed to practice psychology. See South Carolina Code 40-55-320
- License: means authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization. See South Carolina Code 40-55-320
- Psychologist: means an individual licensed for the independent practice of psychology. See South Carolina Code 40-55-320
- Receiving state: means a compact state where the client/patient is physically located when the telepsychological services are delivered. See South Carolina Code 40-55-320
- State: means a state, commonwealth, territory, or possession of the United States, or the District of Columbia. See South Carolina Code 40-55-320
- Telepsychology: means the provision of psychological services using telecommunication technologies. See South Carolina Code 40-55-320
- Temporary authorization to practice: means a licensed psychologist's authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this compact, in another compact state. See South Carolina Code 40-55-320
(C)(1) If a home state takes adverse action against a psychologist’s license, that psychologist’s authority to practice interjurisdictional telepsychology is terminated and the E. Passport is revoked. Furthermore, that psychologist’s temporary authorization to practice is terminated and the IPC is revoked.
(2) All home state disciplinary orders which impose adverse action shall be reported to the commission in accordance with the rules promulgated by the commission. A compact state shall report adverse actions in accordance with the rules of the commission.
(3) In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the commission.
(4) Other actions may be imposed as determined by the rules promulgated by the commission.
(D) A home state’s psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee which occurred in a receiving state as it would if such conduct had occurred by a licensee within the home state. In such cases, the home state’s law shall control in determining any adverse action against a psychologist’s license.
(E) A distant state’s psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under temporary authorization to practice which occurred in that distant state as it would if such conduct had occurred by a licensee within the home state. In such cases, distant state’s law shall control in determining any adverse action against a psychologist’s temporary authorization to practice.
(F) Nothing in this compact shall override a compact state’s decision that a psychologist’s participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the compact state’s law. Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology or provide temporary psychological services under the temporary authorization to practice in any other compact state during the term of the alternative program.
(G) No other judicial or administrative remedies shall be available to a psychologist in the event a compact state imposes an adverse action pursuant to subsection (C).