Bill 192

                    Current Status

Bill Number:               192
Ratification Number:       168
Act Number                 117
Introducing Body:          Senate
Subject:                   State Board of Dentistry
                           reauthorized

(A117, R168, S192)

AN ACT TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF DENTISTRY; TO AMEND SECTION 40-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF DENTISTRY, SO AS TO INCREASE THE NUMBER OF MEMBERS FROM SIX TO NINE, PROVIDE THE METHOD OF APPOINTMENT AND REMOVAL AND PROVIDE FOR THE FILLING OF VACANCIES, TO PROVIDE THE LAY MEMBER SHALL NOT VOTE ON LICENSURE AND THE DENTAL HYGIENIST MEMBER SHALL NOT VOTE ON LICENSURE AND DISCIPLINE OF DENTISTS, TO PROVIDE THAT THE PRESENT MEMBERS OF THE BOARD SHALL SERVE UNTIL THE EXPIRATION OF THEIR TERMS AND SHALL IMPLEMENT CHANGES IN THE COMPOSITION BY DECEMBER 31, 1984; TO AMEND SECTION 40-15-140, RELATING TO THE EXAMINATION OF APPLICANTS FOR LICENSES TO PRACTICE DENTISTRY, DENTAL HYGIENE OR BE REGISTERED AS DENTAL TECHNICIANS, SO AS TO DELETE PROVISIONS RELATIVE TO AGE, CITIZENSHIP AND MORAL CHARACTER; TO AMEND SECTION 40-15-260, RELATING TO THE ISSUANCE, RECORDING AND REREGISTRATION OF LICENSES TO PRACTICE DENTAL SPECIALTIES, SO AS TO DELETE PROVISIONS RELATING TO THE RECORDING OF SUCH LICENSES; TO AMEND SECTION 40-15-270, RELATING TO RECIPROCITY FOR DENTISTS AND DENTAL HYGIENISTS LICENSED IN OTHER STATES, SO AS TO PROVIDE THAT THE BOARD MAY ENTER INTO RECIPROCAL AGREEMENTS FOR LICENSURE WITH OTHER STATES WHO ARE MEMBERS OF ANY REGIONAL TESTING SERVICE OF WHICH THE BOARD MAY BE A MEMBER; AND TO REPEAL SECTION 40-15-160 RELATING TO RECORDATION OF LICENSES ISSUED BY THE STATE BOARD OF DENTISTRY.

Be it enacted by the General Assembly of the State of South Carolina:

State Board of Dentistry reauthorized

SECTION 1. In accordance with the provisions of Section 7 of Act 608 of 1978, the existence of the State Board of Dentistry is reauthorized for six years as provided in such section.

Composition-State Board of Dentistry

SECTION 2. Section 40-15-20 of the 1976 Code is amended to read:

"Section 40-15-20. There is created the State Board of Dentistry (board) to be composed of nine members, one of whom shall be a lay member from the state at large, one of whom shall be a dentist from the state at large, one of whom shall be a dental hygienist from the state at large, and six of whom shall be dentists representing each of six Congressional Districts.

Dentists shall be licensed, practicing dentists and residents of the State and of the Congressional District which they represent. The dental hygienist shall be a licensed, practicing dental hygienist and resident of the State. The terms of the members shall be for six years and until successors are appointed and qualify. No member shall be allowed successive terms of office.

The dentist at large and lay member shall be appointed by the Governor. The board shall conduct an election to nominate the dentist to represent any Congressional District when such seat shall be vacant. Such election shall provide for participation by all dentists currently licensed and residing in South Carolina. The names of the nominees shall be forwarded to the Governor for appointment. The Governor may reject any or all of the nominees upon satisfactory showing as to the unfitness of those rejected. If the Governor declines to appoint any of such nominees so submitted, additional nominees shall be submitted in the same manner. Vacancies shall be filled in a like manner by appointment by the Governor for the unexpired portion of the term.

The board shall conduct an election to nominate the dental hygienist when such seat shall be vacant. Such election shall provide for participation by all dental hygienists currently licensed and residing in South Carolina. The name of the nominee shall be forwarded to the Governor for appointment The Governor may reject the nominee upon satisfactory showing as to the unfitness of the nominee. If the Governor declines to appoint any nominee so submitted, additional nominees shall be submitted in the same manner. Vacancies shall be filled in a like manner by appointment by the Governor for the unexpired portion of the term. No person shall be eligible for appointment who has a financial interest or serves as an officer in the business organized under the laws of this State to sell dental supplies, equipment or appurtenances or who is officially connected with a school of dentistry or dental hygiene.

Vacancies shall be filled in a like manner by appointment by the Governor for the unexpired portion of the term.

All members of the board shall have full voting rights except that the lay member shall be exempt from voting on examinations for licensure and the dental hygienist shall be exempt from voting on examination for licensure for dentists and disciplinary matters for dentists.

The Governor may remove any member of the board who has been guilty of continued neglect of his duties or who is found to be incompetent, unprofessional or dishonorable. No member shall be removed without first giving him an opportunity to refute the charges filed against him. He shall be given a copy of the charges at the time they are filed."

Present members to continue to serve

SECTION 3. The present members of the State Board of Dentistry shall continue to serve until expiration of their terms and until successors are appointed. The present board shall plan and implement the changes in the composition of the board in as practical a manner as it deems feasible so as to accomplish the changes by at least December 31, 1984, and to provide for board membership to expire on a rotating basis so that not more than two seats expire in any one year. The Governor shall appoint the lay member by December 31, 1982. Present members of the State Board of Dentistry shall be eligible for nomination to a new term if the board deems this to be feasible in implementing the terms of this chapter.

Applicants for license to practice dentistry

SECTION 4. The first paragraph of Section 40-15-140 of the 1976 Code is amended by adding on line one after "examine" "or cause to be examined"; and by striking all of the second sentence and the first three words of the third sentence and inserting "Each"; and by striking beginning on line three of item (a) of the first paragraph "Council on Dental Education of the". The first paragraph when amended shall read:

"It shall be the duty of the board to examine or cause to be examined all applicants for a license to practice dentistry or dental hygiene or who desire to be registered as dental technicians in this State. Each applicant shall present the following:

(a) In the case of applicants to practice dentistry or dental hygiene, satisfactory evidence of graduation from a dental college or school of dental hygiene, respectively, accredited by the American Dental Association.

(b) In the case of applicants who desire to be registered as dental technicians, a high school diploma, or its equivalent, and satisfactory evidence of successful completion of a full two-year course of study in a school for dental technological work acceptable to the Board, or in lieu of the dental school program, the applicant must have performed dental technological work under the direct supervision of a licensed dentist or registered dental technician for a period of at least three years."

Applicants must meet requirements

SECTION 5. Section 40-15-260 of the 1976 Code is amended by striking on line nine "must be recorded and" and inserting "shall be". The section when amended shall read:

"Section 40-15-260. The board, upon satisfactory proof that the applicant has satisfied the then current educational requirements as set forth by the American Dental Association for ethical announcement of a practice limited to that specialty and has complied with all requirements of the board, may issue a license to such a dentist authorizing him to hold himself out or announce to the public that he is a specialist in, limits his practice to, or gives special attention to such recognized special area of the dental profession. Such special license shall be reregistered in the same manner as provided in this chapter for a license to practice dentistry."

Board may grant license to licensees of other states

SECTION 6. Section 40-15-270 of the 1976 Code is amended to read:

"Section 40-15-270. The board may grant licenses to licensees of other states who are members of regional testing services of which the board is also a member without further examination and may make all necessary regulations and agreements for the reciprocal recognition of licenses issued by other states."

Repealed

SECTION 7. Section 40-15-160 of the 1976 Code is repealed.

Time effective

SECTION 8. This act shall take effect upon approval by the Governor.