Current Status Introducing Body:
HouseBill Number: 4664Primary Sponsor: KirshType of Legislation: GBSubject: Dentistry BoardResiding Body: HouseCompanion Bill Number: 1122Computer Document Number: CYY/15619AC.94Introduced Date: 19940202Date of Last Amendment: 19940419Last History Body: HouseLast History Date: 19940518Last History Type: Objection withdrawn by RepresentativeScope of Legislation: StatewideAll Sponsors: Kirsh G. Bailey Boan J. Brown Harwell WaldropType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 4664 House 19940518 Objection withdrawn by Corning Representative 4664 House 19940421 Objection by Representative Scott White Whipper Inabinett Breeland 4664 House 19940420 Debate adjourned until Thursday, April 21, 1994 4664 House 19940420 Objection by Representative Corning 4664 House 19940419 Debate adjourned until Wednesday, April 20, 1994 4664 House 19940419 Objection by Representative Kennedy 4664 House 19940419 Amended 4664 House 19940330 Committee Report: Favorable 27 with amendment 4664 House 19940202 Introduced, read first time, 27 referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED--NOT PRINTED IN THE HOUSE
(Doc Name L:\council\legis\amend\CYY\15941AC.94)
April 19, 1994
Introduced by REPS. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop
S. Printed 3/30/94--H.
Read the first time February 2, 1994.
TO AMEND SECTION 40-15-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERSHIP ON THE STATE BOARD OF DENTISTRY, SO AS TO INCREASE THE NUMBER FROM NINE TO ELEVEN; TO AMEND SECTION 40-15-80, AS AMENDED, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO REVISE CRITERIA FOR STUDENTS WHO MAY RECEIVE CERTAIN SERVICES FROM HYGIENISTS; TO AMEND SECTION 40-15-130, RELATING TO ADVERTISING, SO AS TO SPECIFY WHAT RESTRICTIONS THE BOARD MAY PLACE ON ADVERTISING; TO AMEND SECTION 40-15-140, AS AMENDED, RELATING TO LICENSURE AND REGISTRATION, SO AS TO REQUIRE AN APPLICANT TO PROVIDE NO MORE THAN THREE REFERENCES; AND TO REQUIRE AN APPLICANT FOR REGISTRATION AS A DENTAL TECHNICIAN TO PASS A NATIONAL EXAMINATION; TO AMEND SECTION 40-15-180, RELATING TO COMPLAINTS, SO AS TO PROVIDE THAT HEARING NOTICES MUST BE SENT BY CERTIFIED MAIL; TO AMEND SECTION 40-15-190, RELATING TO DISCIPLINARY GROUNDS, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; TO REQUIRE ELECTIONS TO NOMINATE NEW BOARD MEMBERS BEFORE JANUARY 1, 1995; AND TO REAUTHORIZE THE STATE BOARD OF DENTISTRY FOR SIX YEARS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 40-15-20 of the 1976 Code, as last amended by Act 439 of 1988, is further amended to read:
"Section 40-15-20. (A) There is created the State Board of Dentistry (board) to be composed of nine members, one of whom shall must be a lay member from the State at large, one of whom shall must be a dentist from the State at large, one of whom shall must be a dental hygienist from the State at large, and six of whom shall must be dentists representing each of six Congressional Districts. (B) Dentists shall must be licensed, practicing dentists, and residents of the State and of the Congressional District which they represent. The dental hygienist shall must be a licensed, practicing dental hygienist and resident of the State.
(C) The terms of the members shall be are for six years and until successors are appointed and qualify. No member shall be allowed may serve successive terms of office.
(D) The dentist at large and lay member shall must be appointed by the Governor. All appointments Appointments to the board of the six members of the board representing the Congressional Districts shall must be made upon the recommendation of the board, which recommendation shall and must be based upon an annual election conducted by the board. This election shall must be conducted on a rotating basis in the six Congressional Districts in numerical order so that each year the licensed dentists residing in the subject district shall elect from among themselves a member of nominee to the board. The board at its regular annual meeting shall certify in writing to the Governor the name of the person winning the election and the name of the person the nominee replaces on the board. The Governor may reject any or all of the nominees a nominee upon satisfactory showing as to the unfitness of those rejected the nominee. If the Governor declines to appoint any of such nominees so submitted a nominee, an additional nominees nominee shall must 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.
(E) The board shall conduct an election to nominate the dental hygienist when such seat shall be vacant the term is to expire or a vacancy occurs. Such The election shall provide for participation by all dental hygienists currently licensed and residing in South Carolina. The name of the nominee shall must be forwarded to the Governor for appointment. The Governor may reject the a nominee upon satisfactory showing as to the unfitness of the nominee. If the Governor declines to appoint any a nominee so submitted, an additional nominees nominee shall must 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.
(F) No person shall be is eligible for appointment who has a financial interest or serves as an officer in a 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.
(G) Vacancies shall must be filled in a like the manner by of the original appointment by the Governor for the unexpired portion of the term.
(H) All members of the board have full voting rights except that the lay member is exempt from voting on examinations for licensure and the dental hygienist is exempt from voting on examination for licensure for dentists.
(I) The Governor may remove any a member of the board who has been guilty of continued neglect of his board duties or who is found to be incompetent, unprofessional, or dishonorable. No member shall may be removed without first giving him the member an opportunity to refute the charges filed against him. He shall The member must be given a copy of the charges at the time they are filed.
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 as practical a manner as its deems feasible so as to accomplish the changes at least by December 31, 1984, and to provide for board membership to expire on a rotating basis so that no more than two seats expire in any one year. The Governor shall appoint the lay member by December 31, 1982. The 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."
SECTION 2. Section 40-15-80 of the 1976 Code, as last amended by Act 439 of 1988, is further amended to read:
"Section 40-15-80. (A) Any A person is considered to be practicing dental hygiene who engages in those clinical procedures primarily concerned with the performance of preventive dental services not constituting the practice of dentistry, including removing all hard and soft deposits and stains from the surfaces of the human teeth, performing clinical examination of teeth and surrounding tissues for diagnosis by the dentist, and performing such other procedures, under the supervision of a licensed dentist, as may be delegated by regulations of the board.
(B) In school settings, licensed dental hygienists may provide oral hygiene instruction and counseling, perform oral screenings, provide nutrition and dietary counseling, and apply topical fluoride without the presence of a dentist on the premises.
(C) In school settings, application of licensed dental hygienists may apply sealants and provide oral prophylaxis are subject to the following restrictions:
(1) Whenever Only a student with unmet oral needs may have a sealant applied or a prophylaxis is placed or provided, only those students identified as "dentally indigent" are eligible for the treatment. "Dentally indigent" as used here refers to all students who are eligible for Medicaid or all students who are on free or reduced lunch programs or are eligible for free or reduced lunch programs, or both. A student with unmet oral needs means a student who is not receiving oral health care from a dentist and his staff.
(2) A licensed dental hygienist must receive authorization from a licensed dentist who is either his the hygienist's employer or supervising dentist before placement of sealants or a prophylaxis is provided.
(3) An authorizing dentist must give a A preexamination and written authorization by the authorizing dentist, to occur no more than forty-five days before treatment is administered, is required before any a student receives sealant application or oral prophylaxis, or both. Treatment cannot may not be authorized for a student who is an active patient of another dentist.
(D) In facilities owned or operated by the federal, state, or local government, and in nursing home facilities, licensed dental hygienists may provide oral hygiene instruction and counseling, perform oral screenings, provide nutrition and dietary counseling, and apply topical fluorides without the presence of a dentist on the premises. A licensed dental hygienist must receive authorization from a licensed dentist who is either his the hygienist's employer or supervising dentist before placement of sealants. A An authorizing dentist must give a preexamination and written authorization by the authorizing dentist, to occur no more than forty-five days before treatment is administered, is required before any an individual may receive sealants. Treatment cannot may not be authorized for an individual who is an active patient of another dentist."
SECTION 3. Section 40-15-130 of the 1976 Code is amended to read:
"Section 40-15-130. (A) Dentists A dentist may advertise their dental services so long as these public communications are not false, deceptive, or misleading and do not attempt to create any an impression, unsupported by fact, of superior skills or qualifications of those who practice thereunder over other licensed dentists. Licensed dental specialists may announce their specialization and may advertise their services so long as the public communications are not false, deceptive, or misleading. The board may not promulgate regulations restricting advertising by a person regulated by the board except to prohibit false, deceptive, or misleading practices by the person regulated.
(B) Every A dentist practicing dentistry under a trade name and every a dentist practicing as an employee of another licensed dentist or a partnership or of a professional association shall cause his the dentist's name and licensed area of practice to be conspicuously displayed and kept so displayed in a conspicuous place at the entrance of the place where the practice is conducted.
(C) Dentists A dentist may practice or continue to practice under a trade names name so long as the names are name is not false, deceptive, or misleading and do does not attempt to create any an impression of superior skills or qualifications of those who practice thereunder over other licensed dentists."
SECTION 4. Section 40-15-140 of the 1976 Code, as last amended by Act 182 of 1987, is further amended to read:
"Section 40-15-140. (A) It is the duty of the The board to shall examine (or cause to be examined) all qualified applicants for a license to practice dentistry or dental hygiene or who desire to be registered as dental technicians in this State. No examination is required to be registered as an orthodontic technician. Prior to Before admittance to the examination or the registration of an orthodontic technician, each an applicant shall produce evidence satisfactory to the Board that he possesses good moral character provide no more than three references of individuals having personal knowledge of the applicant's professional experience and competency. If the board refuses an applicant admission to the examination or registration as an orthodontic technician because of unsuitable moral character professional references, the board shall notify the applicant in writing and set forth in detail the reason supporting the board's decision. An applicant who holds a license or certificate from any jurisdiction shall certify that he has not violated any of the provisions of the Dental Practice Act governing his prior license or practice or operation. In addition, each an applicant shall present provide the following:
(a)(1) in the case of applicants an applicant to practice dentistry or dental hygiene, satisfactory evidence of graduation from a dental college or school of dental hygiene, respectively, accredited by the Commission.
(b)(2) in the case of applicants who desire to be registered an applicant for registration as a dental technicians technician, 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. (B) The An application must be received by the board not less fewer than forty-five days before the examination date. An application for registration as an orthodontic technician may be submitted at any time. Each An applicant shall pay to the board a fee as prescribed by it by rules and regulations the board in regulation. Each An applicant for a license to practice dentistry or dental hygiene must satisfactorily pass the examination prepared by the board on subjects and operations pertaining to dentistry that are regularly taught in such accredited schools. The examination must be given either orally or in writing, or by requiring a practical demonstration of the applicant's skill, or by any a combination of such these methods as the board may in its discretion require. The board shall grade each examination and inform the applicant of the result within a reasonable time after the date thereof examination.
(C) The board shall issue a numbered license to each person applicant who passes the dental or dental hygiene examination and a numbered certificate to each person applicant who passes the dental technician examination and to each applicant to be registered as an orthodontic technician. All examination papers must be retained by the board for two years and upon request must be available for inspection by a person examined.
(D) Dentists and dental hygienists, and dental technicians who are validly licensed or registered in this State as of April 13, 1968, are exempt from reexamination except in instances where application for relicensing or reregistration is made following a period of suspension or revocation of a license or registration certificate, in which instances reexamination is discretionary with the Board.
(E) Dental examinations must be given annually by the board and a second examination must be given if there are at least forty applicants for the dental examinaiton. dental Dental hygienist and dental technician examinations must be given at least semiannually by the board."
SECTION 5. Section 40-15-180 of the 1976 Code is amended to read:
"Section 40-15-180. (1)(A) The board shall receive complaints by any person against a licensed dentist or dental hygienist, or against a registered dental technician, and shall require the same complaint to be submitted to it in the form of an affidavit. Upon receipt of a complaint, the director, or such other another person as the president may designate, shall investigate the allegations of the complaint and make a report to the board concerning his the investigation. If the board shall then desire to proceed proceeds further it may, in its discretion, file a formal accusation charging the dentist, dental hygienist, or dental technician with a violation of a provision of this chapter. The accusation shall must be signed by the president or vice-president on behalf of the board. When the accusation is filed, and the board shall set sets a date for a hearing thereon, the director of the board shall notify the accused in writing, not less than thirty days prior to before the hearing date, of the date fixed for the hearing and a true copy of the accusation shall must be attached to the notice. The accused may appear and show cause why his license should not be suspended or revoked. The accused shall have has the right to be confronted with and to cross-examine the witnesses against him and shall have has the right to counsel. In instances where a board member has made the initial investigation of a complaint, he the board member shall not sit with the board at the hearing of such that complaint.
(2)(B) Such notice shall The notice required by subsection (A) must be sent to the accused by registered certified mail, return receipt requested, directed to his the last mailing address furnished to the board. The post office registration receipt signed by the accused, his the accused's agent, or a responsible member of his the accused's household or office staff, or, if not accepted by the person to whom addressed, the postal authorities' stamp thereon showing the same notice `Refused', shall be is prima facie evidence of service of such the notice.
(3)(C) All investigations and proceedings undertaken under the provisions of this chapter shall be are confidential.
(4)(D) Every A communication, whether oral or written, made by or on behalf of any a complainant to the board or its agents, or any to a hearing panel or member thereon of a hearing panel, pursuant to this act section whether by way of complaint or testimony, shall be is privileged, and no action or proceeding, civil or criminal, shall lie may be brought against any such a person, firm, or corporation by whom or on whose behalf such the communication shall have been was made, by reason thereof."
SECTION 6. Section 40-15-190 of the 1976 Code is amended to read:
"Section 40-15-190. (A) Misconduct which constitutes grounds for revocation, suspension, probation, reprimand, or other restriction of a license or registration certificate or a limitation or other discipline of a dentist, dental hygienist, or dental technician is occurs when the holder of a license or registration certificate:
(1) has made any a false, fraudulent, or forged statement or document, or committed any a fraudulent, deceitful, or dishonest act in connection with any of the a licensure or registration requirements requirement;
(2) has been convicted of a felony or any other crime involving moral turpitude or controlled substances; forfeiture of bond or a plea of nolo contendere is equivalent of to a conviction.;
(3) is unable to practice dentistry, or dental hygiene, or to perform dental technological work with reasonable skill and safety to patients by reason of physical illness or disability, mental illness, or the illness of alcoholism or substance abuse;
(4) has employed or permitted any an unlicensed or unregistered person to practice dentistry or dental hygiene or to perform dental technological work except as permitted under this chapter;
(5) has published, circulated, or made public in any manner, either directly or indirectly, any a false, fraudulent, deceptive, or misleading statements statement as to the skill or methods or practice of any a dentist, dental hygienist, or dental technologists technician; (6) has instructed, advised, or required a patient to deal directly with an organization or individual performing dental technological work;
(7) has failed to provide and maintain reasonable sanitary facilities or conditions;
(8) has failed to provide adequate radiation safeguards;
(9) has violated the principles of ethics in the practice of dentistry as promulgated in the regulations of the State Board of Dentistry;
(10) has practiced fraud or deceit in the practice of dentistry or dental hygiene or in the performance of any dental technological work;
(11) has represented the care being rendered to a patient or the performance of dental technological work, or the fees being charged for providing the care or work, in a false or misleading manner;
(12) has used any a false, fraudulent, deceptive, or misleading statements statement in any a document including, but not limited to, claims for reimbursement from third parties, connected with the practice of dentistry, dental hygiene, or dental technological work;
(13) has obtained any a fee which is charged or any a reimbursement from third parties, or has assisted in obtaining the fees or reimbursement through dishonesty or under false or fraudulent circumstances;
(14) has been grossly incompetent failed to meet the accepted standard of care in the practice of dentistry, or dental hygiene, or the performance of dental technological work;
(15) has violated any other provisions provision of this chapter regulating the practice of dentistry, dental hygiene, or dental technological work or the regulations promulgated by the board;
(16) has committed any an act which would constitute battery upon a patient;
(17) has solicited or accepted dental technological work directly from the general public;
(18) has engaged in fraud, deceit, or misrepresentation in dealings with licensed dentists.
(B) In enforcing subsection (A)(3), the board upon reasonable grounds may require a licensee, registrant, or applicant to submit to a mental or physical examination by physicians designated by the board. The results of an examination are admissible in a hearing before the board, notwithstanding a claim of privilege under any other provision of law. A person who accepts the privilege of practicing dentistry or dental hygiene or performing dental technology in this State or who files an application for a license to practice dentistry or dental hygiene or to register as a dental technician in this State is deemed to have consented to submit to a mental or physical examination and to have waived all objections to the admissibility of the results in a hearing before the board upon the grounds of privileged communication. If a licensee, registrant, or applicant fails to submit to an examination when properly directed to do so by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license or registration pending compliance and further order of the board. A licensee, registrant, or applicant who is prohibited from practicing dentistry or dental hygiene or performing dental technological work under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of dentistry or dental hygiene or performing dental technological work with reasonable skill and safety to patients.
(C) In enforcing subsection (A)(3), the board upon reasonable grounds may obtain records relating to the mental or physical condition of a licensee, registrant, or applicant including, but not limited to, psychiatric records, and these records are admissible in a hearing before the board, notwithstanding any other provision of law. A person who accepts the privilege of practicing dentistry or dental hygiene or performing dental technological work in this State or files an application to practice dentistry or dental hygiene or to perform dental technological work in this State is deemed to have consented to the board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the board upon the grounds of a privileged communication. If a licensee, registrant, or applicant refuses to sign a written consent for the board to obtain these records when properly requested by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license or registration pending compliance and further order of the board. A licensee, registrant, or applicant who is prohibited from practicing dentistry or dental hygiene or performing dental technological work under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of dentistry or dental hygiene or performing dental technological work with reasonable skill and safety to patients."
SECTION 7. In accordance with Section 1-20-60 of the 1976 Code, the existence of the South Carolina State Board of Dentistry is reauthorized for six years.
SECTION 8. This act takes effect upon approval by the Governor.