1. (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. (1) the individual, or the organization of which the individual is a part, is a treatment provider approved by the Board; and

      1. (a) the practitioner maintains participation in treatment or aftercare; and
      2. (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. (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

      1. (a) the practitioner has been referred for examination to an approved treatment program; and
      2. (b) the practitioner cooperates with the referral for examination and any determination that he should enter treatment; and
      3. (c) the practitioner’s ability to practice competently has not been affected; or

   3. (3) the individual maintains a good faith belief that:

      1. (a) the practitioner has been referred for examination to an approved treatment program; and
      2. (b) the practitioner cooperates with the referral for examination and any determination that he should enter treatment; and
      3. (c) the practitioner’s ability to practice competently has not been affected; or
   4. (4) the individual is otherwise prohibited from reporting to the Board by state or federal law.
2. (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.
3. (C) Any report required by this section shall be made to the Board within forty-eight (48) hours.

Editor's Note

Former R. 36-19 was titled Code of Ethics for Professional Counselors and had the following history: Added by State Register Volume 25, Issue No. 5, Part 2, eff May 25, 2001. Amended by SCSR42-5 Doc. No. 4795, eff May 25, 2018. Transferred by SCSR43-5 Doc. No. 4850, eff May 24, 2019. See now S.C. CODE REGS. 36-22.

HISTORY: Added by State Register Volume 25, Issue No. 5, Part 2, eff May 25, 2001. Amended by SCSR 42-5 Doc. No. 4795, eff May 25, 2018. Renumbered from 36-16 and amended by SCSR 43-5 Doc. No. 4850, eff May 24, 2019. Amended by SCSR 46-5 Doc. No. 5075, eff May 27, 2022.