A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-3-1410, RELATING TO THE DEPARTMENT OF CRIME VICTIM SERVICES TRAINING, PROVIDER CERTIFICATION, AND STATISTICAL ANALYSIS, SO AS TO DELETE A PROVISION EXEMPTING CERTAIN CRIME VICTIM SERVICE PROVIDERS FROM BASIC CERTIFICATION REQUIREMENTS; AND BY AMENDING SECTION 16-3-1420, RELATING TO DEFINITIONS FOR PURPOSES OF THE ARTICLE ON CRIME VICTIM SERVICES TRAINING, PROVIDER CERTIFICATION, AND STATISTICAL ANALYSIS, SO AS TO REVISE THE DEFINITION OF "VICTIM SERVICE PROVIDER" TO EXCLUDE MENTAL HEALTH CLINICIANS LICENSED IN THIS STATE.
Summary
H. 3524 amends South Carolina law governing the Department of Crime Victim Services Training, Provider Certification, and Statistical Analysis. The bill removes a grandfather-style exemption that allowed certain crime victim service providers employed in public or private nonprofit programs on the effective date of the article to avoid basic certification requirements, while still requiring continuing education. Under the bill, providers hired after the effective date must complete basic certification within one year of employment and continue annual continuing education.
The bill also revises the statutory definition of “victim service provider” to expressly exclude licensed mental health clinicians in South Carolina, along with judges serving in municipal, magistrate, circuit, special circuit, and family courts. In practical terms, this narrows who is covered by the certification framework administered by the Office of the Attorney General’s crime victim services unit and clarifies that certain professionals who may interact with victims are not treated as victim service providers for certification purposes.
Impact
The bill changes Sections 16-3-1410 and 16-3-1420 of the South Carolina Code. It tightens certification requirements for crime victim service providers by eliminating the exemption for some existing nonprofit-program providers and preserving the requirement that new hires complete basic certification within one year. It also excludes licensed mental health clinicians from the statutory definition of victim service provider, which removes them from the article’s certification and training requirements. The Office of the Attorney General indicated the change can be implemented with existing staff and resources, so the fiscal impact is expected to be minimal or none.
Sentiment
The available legislative record suggests broad support for the bill. The House Judiciary Committee recommended that the bill do pass, and the House later passed it unanimously by a vote of 112-0. That vote pattern indicates little visible opposition and a general consensus that the certification rules should be clarified and tightened.
Contention
No significant floor debate or committee controversy is included in the available materials, so specific objections are not documented. The main policy issue implicit in the bill is whether to require more uniform certification for victim service providers versus preserving exemptions for previously employed nonprofit staff. Another possible point of distinction is the decision to exclude licensed mental health clinicians from the definition, which may reflect a view that their professional licensure already serves a different regulatory purpose than victim-service certification.
Requires the office of victim assistance to notify crime victims of the availability of victim support services by providing such victims with a written notice of the availability of statewide programs.