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Bill 1135

                    Current Status

Bill Number:                      1135
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20000209
Primary Sponsor:                  Saleeby
All Sponsors:                     Saleeby, Bryan, Courtney and Reese
Drafted Document Number:          l:\council\bills\nbd\11704ac00.doc
Companion Bill Number:            4383
Residing Body:                    Senate
Current Committee:                Medical Affairs Committee 13 SMA
Subject:                          Dentists and Dentistry, dental 
                                  treatments, patients records


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20000209  Introduced, read first time,           13 SMA
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-135 SO AS TO PROHIBIT PERSONS NOT LICENSED AS A DENTIST FROM PERFORMING CERTAIN ACTS RELATED TO DENTAL TREATMENTS IN THE OPERATION OF A DENTAL OFFICE OR PRACTICE AND TO PROVIDE PENALTIES, AND BY ADDING SECTION 40-15-83, SO AS TO REQUIRE DENTISTS TO MAINTAIN PATIENT RECORDS FOR AT LEAST FIVE YEARS AFTER WHICH THEY MAY BE DESTROYED.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 40-15-135. (A) No person other than a dentist licensed pursuant to this chapter may:

(1) employ a dentist or dental auxiliary in the operation of a dental office;

(2) control the use of dental equipment or material while the equipment or material is being used to provide dental services in a dental office, whether those services are provided by a dentist, a dental hygienist, a dental assistant, or a dental auxiliary.

(B) No person other than a dentist, licensed pursuant to this chapter may exercise control over;

(1) the selection of a course of treatment of a patient, the procedures or materials to be used as part of the course of treatment, or the manner in which the course of treatment is carried out by the licensee;

(2) the patient records of a dentist;

(3) policies and decisions relating to pricing, credit, refunds, warranties, and advertising;

(4) decisions relating to office personnel and hours of practice.

(C) A lease agreement, rental agreement, or other arrangement for the provision of dental equipment or dental materials in a dental office entered into by a licensed dentist with a person who is not a licensed dentist shall contain a provision whereby the dentist expressly maintains complete care, custody, and control of the equipment or material.

(D) This section may not interfere with a dental hygienist working in a school setting which allows the dental hygienist to perform prophys and apply sealants under general supervision once the child has been seen by a licensed dentist and procedures have been approved.

(E) The section does not, in any manner, affect the operation of an accredited teaching institution, or a state or federal operating clinic.

(F) A person who violates a provision of this section is subject to civil penalties provided for in Section 40-15-210. Each day a violation occurs constitutes a separate offense."

SECTION 2. The 1976 Code is amended by adding:

"Section 40-15-83. Dentists shall retain their patient records for at least five years. These minimum recordkeeping periods begin to run from the last date of treatment. After these minimum recordkeeping periods, the records may be destroyed."

SECTION 3. This act takes effect upon approval by the Governor.

This web page was last updated on Wednesday, December 9, 2009 at 9:10 A.M.