WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1) "Administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve communication. "Administrative support" includes, but is not limited to: (a) managing appointment scheduling and reminders; (b) processing billing and insurance claims; and (c) drafting general communications related to therapy logistics that do not include therapeutic devices.S.C. Code § 40-1-700(1)" means tasks performed to assist a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this State to provide therapy or psychotherapy services, including: (a) a licensed clinical psychologist; (b) a licensed clinical social worker; (c) a licensed social worker; (d) a licensed psychiatrist; (e) a licensed professional counselor; (f) a licensed marriage and family therapist; (g) addiction counselor; and (h) any other professional authorized by this State to provide therapy or psychotherapy services.S.C. Code § 40-1-700(3) in the delivery of therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.S.C. Code § 40-1-700(9) that do not involve communication. "Administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve communication. "Administrative support" includes, but is not limited to: (a) managing appointment scheduling and reminders; (b) processing billing and insurance claims; and (c) drafting general communications related to therapy logistics that do not include therapeutic devices.S.C. Code § 40-1-700(1)" includes, but is not limited to: (a) managing appointment scheduling and reminders; (b) processing billing and insurance claims; and (c) drafting general communications related to therapy logistics that do not include therapeutic devices.
(2) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system or algorithm, including machine learning models, predictive analytics, and decision support systems, that analyze data and generate recommendations or predictions.S.C. Code § 40-1-700(2)" means any machine-based system or algorithm, including machine learning models, predictive analytics, and decision support systems, that analyze data and generate recommendations or predictions.
(3) "Licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this State to provide therapy or psychotherapy services, including: (a) a licensed clinical psychologist; (b) a licensed clinical social worker; (c) a licensed social worker; (d) a licensed psychiatrist; (e) a licensed professional counselor; (f) a licensed marriage and family therapist; (g) addiction counselor; and (h) any other professional authorized by this State to provide therapy or psychotherapy services.S.C. Code § 40-1-700(3)" means an individual who holds a valid license issued by this State to provide therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.S.C. Code § 40-1-700(9), including: (a) a licensed clinical psychologist; (b) a licensed clinical social worker; (c) a licensed social worker; (d) a licensed psychiatrist; (e) a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this State to provide therapy or psychotherapy services, including: (a) a licensed clinical psychologist; (b) a licensed clinical social worker; (c) a licensed social worker; (d) a licensed psychiatrist; (e) a licensed professional counselor; (f) a licensed marriage and family therapist; (g) addiction counselor; and (h) any other professional authorized by this State to provide therapy or psychotherapy services.S.C. Code § 40-1-700(3) counselor; (f) a licensed marriage and family therapist; (g) addiction counselor; and (h) any other professional authorized by this State to provide therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.S.C. Code § 40-1-700(9).
(4) "Peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement.S.C. Code § 40-1-700(4)" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement.
(5) "Permitted use of artificial intelligencePermitted use of artificial intelligence"Permitted use of artificial intelligence" means the use of artificial intelligence tools or systems by a licensed professional to assist in providing administrative support or supplementary support in therapy or psychotherapy services where the licensed professional maintains full responsibility for all interactions, outputs, and data use associated with the system and satisfies the requirements of Section 40-1-710.S.C. Code § 40-1-700(5)" means the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system or algorithm, including machine learning models, predictive analytics, and decision support systems, that analyze data and generate recommendations or predictions.S.C. Code § 40-1-700(2) tools or systems by a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this State to provide therapy or psychotherapy services, including: (a) a licensed clinical psychologist; (b) a licensed clinical social worker; (c) a licensed social worker; (d) a licensed psychiatrist; (e) a licensed professional counselor; (f) a licensed marriage and family therapist; (g) addiction counselor; and (h) any other professional authorized by this State to provide therapy or psychotherapy services.S.C. Code § 40-1-700(3) to assist in providing administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve communication. "Administrative support" includes, but is not limited to: (a) managing appointment scheduling and reminders; (b) processing billing and insurance claims; and (c) drafting general communications related to therapy logistics that do not include therapeutic devices.S.C. Code § 40-1-700(1) or supplementary support in therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.S.C. Code § 40-1-700(9) where the licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this State to provide therapy or psychotherapy services, including: (a) a licensed clinical psychologist; (b) a licensed clinical social worker; (c) a licensed social worker; (d) a licensed psychiatrist; (e) a licensed professional counselor; (f) a licensed marriage and family therapist; (g) addiction counselor; and (h) any other professional authorized by this State to provide therapy or psychotherapy services.S.C. Code § 40-1-700(3) maintains full responsibility for all interactions, outputs, and data use associated with the system and satisfies the requirements of Section 40-1-710.
(6) "Religious counselingReligious counseling"Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services, therapy, or psychotherapy services.S.C. Code § 40-1-700(6)" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services, therapy, or psychotherapy services.
(7) "Supplemental supportSupplemental support"Supplemental support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication and that are not administrative support. "Supplemental support" includes but is not limited to: (a) preparing and maintaining client records, including therapy notes; (b) analyzing anonymized data to track client progress or identify trends, subject to review by a licensed professional; and (c) identifying and organizing external resources or referrals for client use.S.C. Code § 40-1-700(7)" means tasks performed to assist a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this State to provide therapy or psychotherapy services, including: (a) a licensed clinical psychologist; (b) a licensed clinical social worker; (c) a licensed social worker; (d) a licensed psychiatrist; (e) a licensed professional counselor; (f) a licensed marriage and family therapist; (g) addiction counselor; and (h) any other professional authorized by this State to provide therapy or psychotherapy services.S.C. Code § 40-1-700(3) in the delivery of therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.S.C. Code § 40-1-700(9) that do not involve therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, non-verbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes, but is not limited to: (a) directing interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (b) providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (c) offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (d) collaborating with clients to develop or modify therapeutic goals or treatment plans; and (e) offering behavioral feedback intended to promote psychological growth or address mental health conditions.S.C. Code § 40-1-700(8) and that are not administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve communication. "Administrative support" includes, but is not limited to: (a) managing appointment scheduling and reminders; (b) processing billing and insurance claims; and (c) drafting general communications related to therapy logistics that do not include therapeutic devices.S.C. Code § 40-1-700(1). "Supplemental supportSupplemental support"Supplemental support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication and that are not administrative support. "Supplemental support" includes but is not limited to: (a) preparing and maintaining client records, including therapy notes; (b) analyzing anonymized data to track client progress or identify trends, subject to review by a licensed professional; and (c) identifying and organizing external resources or referrals for client use.S.C. Code § 40-1-700(7)" includes but is not limited to: (a) preparing and maintaining client records, including therapy notes; (b) analyzing anonymized data to track client progress or identify trends, subject to review by a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this State to provide therapy or psychotherapy services, including: (a) a licensed clinical psychologist; (b) a licensed clinical social worker; (c) a licensed social worker; (d) a licensed psychiatrist; (e) a licensed professional counselor; (f) a licensed marriage and family therapist; (g) addiction counselor; and (h) any other professional authorized by this State to provide therapy or psychotherapy services.S.C. Code § 40-1-700(3); and (c) identifying and organizing external resources or referrals for client use.
(8) "Therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, non-verbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes, but is not limited to: (a) directing interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (b) providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (c) offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (d) collaborating with clients to develop or modify therapeutic goals or treatment plans; and (e) offering behavioral feedback intended to promote psychological growth or address mental health conditions.S.C. Code § 40-1-700(8)" means any verbal, non-verbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, non-verbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes, but is not limited to: (a) directing interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (b) providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (c) offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (d) collaborating with clients to develop or modify therapeutic goals or treatment plans; and (e) offering behavioral feedback intended to promote psychological growth or address mental health conditions.S.C. Code § 40-1-700(8)" includes, but is not limited to: (a) directing interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (b) providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (c) offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (d) collaborating with clients to develop or modify therapeutic goals or treatment plans; and (e) offering behavioral feedback intended to promote psychological growth or address mental health conditions.
(9) "Therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.S.C. Code § 40-1-700(9)" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.S.C. Code § 40-1-700(9)" does not include religious counselingReligious counseling"Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services, therapy, or psychotherapy services.S.C. Code § 40-1-700(6) or peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement.S.C. Code § 40-1-700(4).
Section 40-1-700 establishes the definitional framework for the article. It defines nine terms, including the scope of AI covered (broadly: any machine-based system or algorithm that analyzes data and generates recommendations or predictions), the categories of licensed professionals subject to the article, and the critical distinctions between administrative support, supplemental support, and therapeutic communication. The boundary between supplemental support and therapeutic communication is the key line — AI may assist with supplemental support (under consent conditions) but may never engage in therapeutic communication.
The definition of permitted use of artificial intelligence incorporates the consent requirements of Section 40-1-710 by reference, meaning any AI use that does not satisfy those conditions is impermissible regardless of whether it otherwise falls within administrative or supplemental support.
1 A licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this State to provide therapy or psychotherapy services, including: (a) a licensed clinical psychologist; (b) a licensed clinical social worker; (c) a licensed social worker; (d) a licensed psychiatrist; (e) a licensed professional counselor; (f) a licensed marriage and family therapist; (g) addiction counselor; and (h) any other professional authorized by this State to provide therapy or psychotherapy services.S.C. Code § 40-1-700(3) shall not be permitted to use artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system or algorithm, including machine learning models, predictive analytics, and decision support systems, that analyze data and generate recommendations or predictions.S.C. Code § 40-1-700(2) to assist in providing supplementary support in therapy or psychotherapy where the client's therapeutic session is recorded or transcribed unless: (1) the patient or the patient's legally authorized representative is informed in writing: (a) that artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system or algorithm, including machine learning models, predictive analytics, and decision support systems, that analyze data and generate recommendations or predictions.S.C. Code § 40-1-700(2) will be used; and (b) of the specific purpose for which the artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system or algorithm, including machine learning models, predictive analytics, and decision support systems, that analyze data and generate recommendations or predictions.S.C. Code § 40-1-700(2) tool or system will be used; and (2) the patient or the patient's legally authorized representative provides written consent to the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system or algorithm, including machine learning models, predictive analytics, and decision support systems, that analyze data and generate recommendations or predictions.S.C. Code § 40-1-700(2).
Section 40-1-710 conditions a licensed professional's use of AI for supplementary support on two prerequisites: (1) the patient or legally authorized representative must receive written notice that AI will be used and the specific purpose for which it will be used, and (2) the patient or representative must provide written consent. The obligation is triggered specifically when the client's therapeutic session is recorded or transcribed. Without both written disclosure and written consent, the licensed professional may not use AI to assist in providing supplementary support involving session recording.
(A) 2 An individual, corporation, or entity may not provide, advertise, or otherwise offer therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.S.C. Code § 40-1-700(9), including through the use of internet-based artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system or algorithm, including machine learning models, predictive analytics, and decision support systems, that analyze data and generate recommendations or predictions.S.C. Code § 40-1-700(2), to the public in this State unless the therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.S.C. Code § 40-1-700(9) are conducted by a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this State to provide therapy or psychotherapy services, including: (a) a licensed clinical psychologist; (b) a licensed clinical social worker; (c) a licensed social worker; (d) a licensed psychiatrist; (e) a licensed professional counselor; (f) a licensed marriage and family therapist; (g) addiction counselor; and (h) any other professional authorized by this State to provide therapy or psychotherapy services.S.C. Code § 40-1-700(3).
(B) 3 A licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this State to provide therapy or psychotherapy services, including: (a) a licensed clinical psychologist; (b) a licensed clinical social worker; (c) a licensed social worker; (d) a licensed psychiatrist; (e) a licensed professional counselor; (f) a licensed marriage and family therapist; (g) addiction counselor; and (h) any other professional authorized by this State to provide therapy or psychotherapy services.S.C. Code § 40-1-700(3) may use artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system or algorithm, including machine learning models, predictive analytics, and decision support systems, that analyze data and generate recommendations or predictions.S.C. Code § 40-1-700(2) only to the extent the use meets the requirements of Section 40-1-710. A licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this State to provide therapy or psychotherapy services, including: (a) a licensed clinical psychologist; (b) a licensed clinical social worker; (c) a licensed social worker; (d) a licensed psychiatrist; (e) a licensed professional counselor; (f) a licensed marriage and family therapist; (g) addiction counselor; and (h) any other professional authorized by this State to provide therapy or psychotherapy services.S.C. Code § 40-1-700(3) may not allow artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system or algorithm, including machine learning models, predictive analytics, and decision support systems, that analyze data and generate recommendations or predictions.S.C. Code § 40-1-700(2) to: (1) make independent therapeutic decisions; (2) directly interact with clients in any form of therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, non-verbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes, but is not limited to: (a) directing interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (b) providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (c) offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (d) collaborating with clients to develop or modify therapeutic goals or treatment plans; and (e) offering behavioral feedback intended to promote psychological growth or address mental health conditions.S.C. Code § 40-1-700(8); (3) generate therapeutic recommendations or treatment plans without review and approval by the licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this State to provide therapy or psychotherapy services, including: (a) a licensed clinical psychologist; (b) a licensed clinical social worker; (c) a licensed social worker; (d) a licensed psychiatrist; (e) a licensed professional counselor; (f) a licensed marriage and family therapist; (g) addiction counselor; and (h) any other professional authorized by this State to provide therapy or psychotherapy services.S.C. Code § 40-1-700(3); or (4) detect emotions or mental states.
Section 40-1-720 contains two distinct obligations. Subsection (A) prohibits any individual, corporation, or entity from offering, advertising, or providing therapy or psychotherapy services — including via internet-based AI — unless those services are conducted by a licensed professional. This is a broad market-access prohibition targeting unlicensed AI therapy providers. Subsection (B) restricts how licensed professionals may use AI: only to the extent permitted under Section 40-1-710, and categorically prohibiting AI from making independent therapeutic decisions, directly engaging in therapeutic communication with clients, generating treatment plans without professional review and approval, or detecting emotions or mental states.
4 All records kept by a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this State to provide therapy or psychotherapy services, including: (a) a licensed clinical psychologist; (b) a licensed clinical social worker; (c) a licensed social worker; (d) a licensed psychiatrist; (e) a licensed professional counselor; (f) a licensed marriage and family therapist; (g) addiction counselor; and (h) any other professional authorized by this State to provide therapy or psychotherapy services.S.C. Code § 40-1-700(3) and all communications between an individual seeking therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.S.C. Code § 40-1-700(9) and a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this State to provide therapy or psychotherapy services, including: (a) a licensed clinical psychologist; (b) a licensed clinical social worker; (c) a licensed social worker; (d) a licensed psychiatrist; (e) a licensed professional counselor; (f) a licensed marriage and family therapist; (g) addiction counselor; and (h) any other professional authorized by this State to provide therapy or psychotherapy services.S.C. Code § 40-1-700(3) shall be confidential and shall not be disclosed except as required pursuant to Section 44-22-100.
Section 40-1-730 imposes a blanket confidentiality obligation on all records kept by a licensed professional and all communications between an individual seeking therapy and the licensed professional. Disclosure is permitted only as required under existing Section 44-22-100, which governs mental health records. This provision reinforces existing confidentiality obligations in the specific context of AI-assisted therapy by ensuring that records generated through or with the assistance of AI remain subject to the same confidentiality protections.
The provisions contained in this article do not apply to: (1) religious counselingReligious counseling"Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services, therapy, or psychotherapy services.S.C. Code § 40-1-700(6); (2) peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement.S.C. Code § 40-1-700(4); and (3) self-help materials and educational resources that are available to the public and do not purport to offer therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.S.C. Code § 40-1-700(9).
Section 40-1-740 carves out three categories from the article's scope: religious counseling (as defined in Section 40-1-700(6)), peer support (as defined in Section 40-1-700(4)), and self-help materials and educational resources available to the public that do not purport to offer therapy or psychotherapy services. These exceptions are consistent with the article's focus on regulating clinical therapy delivered by licensed professionals.
(A) A civil penalty, in an amount not to exceed ten thousand dollars, shall be assessed by the appropriate licensing board for each violation of this article. The amount of the penalties assessed shall be based on the degree of harm and the circumstances of the violation. An individual, corporation, or entity found in violation of this article shall pay the civil penalty within sixty days of the imposed civil penalty.
(B) A licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued by this State to provide therapy or psychotherapy services, including: (a) a licensed clinical psychologist; (b) a licensed clinical social worker; (c) a licensed social worker; (d) a licensed psychiatrist; (e) a licensed professional counselor; (f) a licensed marriage and family therapist; (g) addiction counselor; and (h) any other professional authorized by this State to provide therapy or psychotherapy services.S.C. Code § 40-1-700(3)'s licensing board shall have authority to investigate any actual, alleged, or suspected violation of this article.
Section 40-1-750 establishes the enforcement mechanism for the article. Subsection (A) authorizes a civil penalty of up to $10,000 per violation, assessed by the appropriate licensing board. The penalty amount is calibrated to the degree of harm and circumstances of the violation, and must be paid within 60 days. Subsection (B) vests investigative authority in the licensed professional's licensing board for any actual, alleged, or suspected violation. There is no private right of action.