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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 40 SO AS TO ENACT THE "DENTAL HYGIENE PRACTICE ACT" PROVIDING FOR THE LICENSURE AND REGULATION OF DENTAL HYGIENISTS BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION THROUGH THE DENTAL HYGIENE ADVISORY/DISCIPLINARY BOARD AND, AMONG OTHER THINGS, TO CREATE THE DENTAL HYGIENE ADVISORY/DISCIPLINARY BOARD AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO ESTABLISH THE SCOPE OF PRACTICE FOR DENTAL HYGIENISTS; TO ESTABLISH FEES AND QUALIFICATIONS FOR LICENSURE AND COLLABORATIVE DENTAL HYGIENE PRACTICE; TO ESTABLISH PROCEDURES FOR INVESTIGATING COMPLAINTS AND THE AUTHORITY OF THE BOARD TO CONDUCT HEARINGS; TO ESTABLISH ACTS THAT CONSTITUTE MISCONDUCT AND TO PROVIDE SANCTIONS AND PENALTIES THAT MAY BE IMPOSED FOR MISCONDUCT; TO AMEND SECTIONS 1-30-65 AND 40-1-40, BOTH RELATING TO PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE AUTHORITY OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO ADD THE DENTAL HYGIENE ADVISORY/DISCIPLINARY BOARD; TO AMEND SECTIONS 40-15-10, 40-15-20, AND 40-15-40, SECTIONS 40-15-85, 40-15-105, AND 40-15-110, ALL AS AMENDED, SECTIONS 40-15-120, 40-15-135, 40-15-140, 40-15-170, 40-15-177, 40-15-180, 40-15-190, 40-15-200, 40-15-212, 40-15-215, 40-15-300, AND 40-15-320, ALL RELATING TO LICENSURE AND REGULATION OF DENTAL HYGIENISTS UNDER THE AUSPICES OF THE STATE DENTAL BOARD, SO AS TO AMEND THESE PROVISIONS TO CONFORM WITH THE PROVISIONS OF CHAPTER 16, TITLE 40, AS ADDED BY THIS ACT; TO PROVIDE THAT CURRENT LICENSES OF DENTAL HYGIENISTS CONTINUE IN EFFECT UNTIL THE LICENSE EXPIRES, AT WHICH TIME THE LICENSE MUST BE ISSUED BY THE DENTAL HYGIENE ADVISORY/DISCIPLINARY BOARD AS PROVIDED FOR IN THIS ACT; AND TO PROVIDE THAT REGULATIONS OF THE STATE BOARD OF DENTISTRY THAT PERTAIN TO DENTAL HYGIENISTS AND DENTAL HYGIENE PRACTICE, NOT COVERED IN THIS ACT, REMAIN IN EFFECT UNTIL THE DENTAL HYGIENE ADVISORY/DISCIPLINARY BOARD PROMULGATES SUCH REGULATIONS; TO RENAME CHAPTER 15, TITLE 40 "DENTISTS AND DENTAL TECHNICIANS"; AND TO REPEAL SECTIONS 40-15-80, 40-15-82, AND 40-15-102, ALL RELATING TO THE LICENSURE AND REGULATION OF DENTAL HYGIENISTS UNDER THE AUSPICES OF THE STATE DENTAL BOARD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 40 of the 1976 Code is amended by adding:
Section 40-16-10. This chapter may be cited as the 'Dental Hygiene Practice Act'.
Section 40-16-20. The General Assembly recognizes that the practice by dental hygienists is vital to the public health. It is, therefore, necessary in the interest of public health, safety, and welfare to establish an advisory/disciplinary board and to separately regulate the practice of dental hygienists in this State and to provide consumer protection for both health and economic matters to the public through legal remedies provided for in this chapter.
Section 40-16-30. As used in this chapter:
(1) 'Advisory/disciplinary board' or 'the board' means the Dental Hygiene Advisory/Disciplinary Board. created under the Department of Labor, Licensing and Regulation pursuant to this chapter.
(2) 'Authorized' means that a dentist or physician has directed a dental hygienist to perform services in a particular setting. This direction may come in the form of a written work order.
(3) 'Collaborative dental hygiene practice' means the application of the science of the prevention and treatment of oral disease through the provision of educational, assessing, diagnostic, preventive, clinical, and therapeutic services, as specified in Section 40-16-100, in a cooperative working relationship with a consulting dentist, but without general supervision.
(4) 'Collaborative practice' means dental hygienists, dentists, and other health professionals cooperating as colleagues to integrate their respective care regimens into a single comprehensive approach to quality client care.
(5) 'Dental hygienist' means a licensed oral health care professional who supports total health through the prevention of disease and the promotion of health utilizing the dental hygiene process, which includes dental hygiene assessment, diagnosis, planning, implementation, and evaluation.
(6) 'Department' means the Department of Labor, Licensing and Regulation.
(7) 'Director' means the Director of the Department of Labor, Licensing and Regulation.
(8) 'General supervision' means that a licensed dentist or physician has authorized the procedures to be performed but does not require that a dentist or physician be present while the authorized procedures are being performed.
(9) 'Licensure' means the procedure by which a person applies to the department and is granted approval to practice dental hygiene.
(10) 'Oral prophylaxis' means the removal of hard and soft deposits, accretions, toxins, and stain from any natural or restored surfaces of primary, transitional, or permanent teeth, or any combination of these by scaling or polishing, or both, as a preventive measure for the control of local irritational factors.
Section 40-16-40. (A) There is created the Dental Hygiene Advisory/Disciplinary Board under the Department of Labor, Licensing and Regulation consisting of five members appointed by the Governor with the advice and consent of the Senate. Four members of the board must be licensed dental hygienists and must have been engaged in the practice of dental hygiene for not fewer than three consecutive years before appointment to the board. One dental hygienist shall represent Region I, which includes Congressional Districts 1 and 2, one shall represent Region II, which includes Congressional Districts 3 and 4, one shall represent Region III, which includes Congressional Districts 5 and 6; and one must be a dental hygienist from the state at large. Representatives from each region shall rotate in successive terms. One member must be a member of the general public and may not be a licensed dental hygienist or dentist and must not have any financial interest, direct or indirect, in the dental or dental hygiene profession. Each board member must be a citizen of the United States and a resident of this State for not fewer than five years. No member may serve as an officer of a professional health related state association. Upon creation of the board, the current dental hygiene member of the South Carolina State Board of Dentistry shall automatically fill the appropriate slot on the board. This will determine the rotation of positions for election to the board.
(B) An individual, group, or association may submit the names of qualified individuals to the board for nomination by election of all dental hygienists who are currently licensed and residing in South Carolina. The nominees must be forwarded to the Governor for his consideration. The board shall publish widely in the State and appropriate districts notice of all pending board vacancies.
(C) Members serve a term of four years and until their successors are appointed and qualify. No member may serve more than two full or partial terms. A vacancy on the board must be filled in the manner of the original appointment for the remainder of the unexpired term.
(D) Before entering upon the discharge of the duties of the office, a board member shall take and file with the Secretary of State in writing an oath to perform the duties of the office as a member of the board and to uphold the Constitution of this State and the United States.
(E) Members of the board must be compensated for their services at the usual rate for mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions and must be reimbursed for actual and necessary expenses incurred in connection with, and as a result of, their work as members of the board. Compensation and reimbursements paid to board members under this subsection must be paid as an expense of the board in the administration of this chapter.
(F) The Governor may remove a member of the board in accordance with Section 1-3-240.
Section 40-16-50. The board shall advise the department in the development of regulations, statutory revisions, and other matters as the department may request in regard to the administration of this chapter.
Section 40-16-60. The board shall:
(1) conduct hearings on alleged violations of this chapter and regulations promulgated under this chapter;
(2) mediate consumer complaints, where appropriate and possible;
(3) discipline persons licensed under this chapter in any manner provided for in this chapter.
Section 40-16-70. (A) The director may employ and establish compensation for personnel the director considers necessary and appropriate for the administration of this chapter.
(B) Duties must be prescribed by the director and include, but are not limited to:
(1) maintaining and preserving records;
(2) receiving and accounting for all monies received by the department on behalf of the board;
(3) issuing necessary notices to licensees;
(4) determining the eligibility of applicants for examination and licensure;
(5) examining applicants for licensure including, but not limited to:
(a) prescribing the subjects, character, and manner of licensing examinations;
(b) preparing, administering, and grading the examination or contracting for the preparation, administration, or grading of the examination. Professional testing services may be utilized to formulate and administer any examinations required by the department;
(6) licensing and renewing licenses of qualified applicants;
(7) evaluating and approving continuing education course hours and programs;
(8) promulgating regulations to carry out this chapter including, but not limited to, establishing, or approving, a code of ethics to govern the conduct and practices of persons licensed under this chapter.
Section 40-16-80. The department shall charge and collect the following fees:
(1) dental hygienist initial licensure fee, not to exceed two hundred fifty dollars;
(2) dental hygienist biennial licensure renewal fee, not to exceed two hundred dollars;
(3) dental hygienist reexamination fee, not to exceed two hundred fifty dollars;
(4) application and provisional dental hygienist licensure fee, not to exceed two hundred fifty dollars;
(5) application and temporary dental hygienist licensure fee, not to exceed two hundred fifty dollars;
(6) application and reactivation for inactive status of a dental hygienist license fee, not to exceed two hundred fifty dollars;
(7) renewal fee for inactive status, not to exceed two hundred fifty dollars;
(8) dental hygienist local anesthesia certificate, not to exceed twenty dollars;
(9) collaborative dental hygiene practice initial permit fee, not to exceed thirty dollars;
(10) collaborative dental hygiene practice permit renewal fee, not to exceed twenty five dollars.
Section 40-16-90. The department shall prepare and submit an annual report to the Governor and General Assembly on the administration of this chapter.
Section 40-16-100. (A) The practice of dental hygiene means the application of the science of the prevention and treatment of oral disease through the provision of educational, assessing, diagnostic, preventive, clinical, and therapeutic services under the general supervision of a dentist as part of collaborative practice. The practice of dental hygiene includes:
(1) dental hygiene assessment, including a dental hygiene examination and the charting of oral conditions, dental hygiene diagnosis, treatment planning and evaluation, and collaboration in the implementation of the oral health care regimen;
(2) 'oral prophylaxis' or the removal of hard and soft deposits, accretions, toxins, and stain from any natural or restored surfaces of primary, transitional, or permanent teeth, or any combination of these by scaling or polishing, or both as a preventive measure for the control of local irritational factors;
(3) 'periodontal scaling and root planning' or the instrumentation of the crown and root surfaces of teeth to remove cementum and dentin that is rough, or permeated, or both, by calculus or contaminated with toxins or microorganisms;
(4) the removal of diseased crevicular tissue;
(5) the application of pit and fissure sealants;
(6) the application of fluorides and other topical therapeutic and preventive agents;
(7) exposing and referring to oral radiographs.
(B) No person may practice dental hygiene without a license issued in accordance with this chapter.
(C) No person, other than a licensed dental hygienist, may use the title 'dental hygienist', present himself or herself as being a dental hygienist, or perform an oral prophylaxis.
(D) Licensed dental hygienists may also perform any procedures that dental assistants and expanded duty dental assistants are permitted to perform and may perform additional procedures as the board may designate under the degree of supervision specified by the board.
(E) Dentists licensed in South Carolina may practice dental hygiene.
(F) Licensed dental hygienists who provide the board proof of successful completion of a clinical course in pain control management, local anesthesia, or nitrous oxide analgesia, or any combination of these, provided through an educational program accredited by the American Dental Association Commission on Dental Accreditation, that includes at least twenty clock hours of didactic and ten clock hours of clinical instruction must be certified to administer local anesthesia or nitrous oxide analgesia, or both, based on the educational experience.
(G) Licensed dental hygienists may be granted a permit for collaborative dental hygiene practice by the board, which allows a dental hygienist to practice, without general supervision, in settings other than private dental offices, including the dental facilities of a health maintenance organization, hospitals, nursing homes, skilled nursing facilities, long-term care facilities, rural health and community clinics, health facilities operated by or under the auspices of federal, state, county, or local government, hospices, education institutions accredited by the commission on American Dental Association Commission on Dental Accreditation that give instruction in dental hygiene, medical offices, veterinary offices and clinics, public and private schools, bona fide charitable organizations, and any other category of setting authorized in regulation. Upon application fee, the board shall grant a permit for a collaborative dental hygiene practice to any applicant who:
(1) holds a valid, unrestricted South Carolina dental hygiene license;
(2) presents proof of professional liability insurance coverage;
(3) presents satisfactory evidence of at least three thousand hours of supervised dental hygiene clinical practice within the previous two years or five thousand hours within the previous five years;
(4) presents adequate documentation of successful completion of forty classroom hours from a post-secondary educational institution accredited by the Commission on Dental Accreditation of the American Dental Association, or its successor agency including, but not limited to:
(a) biomedical science, including anatomy, physiology, chemistry, biochemistry, microbiology, immunology, general pathology, and nutrition;
(b) pharmacology;
(c) medical emergencies and cardiopulmonary resuscitation;
(d) oral pathology;
(e) management of and psychology of child, adolescent, adult, geriatric, and medically compromised patients;
(f) jurisprudence.
(H) All permits issued pursuant to this section must be issued biennially, based on the same time established for licensure re-registration, and are renewed by:
(1) payment of the renewal fee;
(2) proof of continued professional liability insurance coverage;
(3) proof of successful completion of a minimum of twenty hours of board approved continuing education.
(I) The board may refuse to issue or renew a collaborative practice permit or may suspend or revoke the permit for a dental hygienist that has falsified an application for a permit or has been convicted of an offense or been disciplined by a dental licensing body in a manner that bears, in the judgment of the board, a demonstrable relationship to the ability of the applicant to practice collaborative practice dental hygiene or anything relevant to Section 40-16-220.
(J) In school settings, dental hygiene services may only be provided with written permission of the student's parent or guardian. Only a parent or guardian may authorize or prohibit a student from receiving dental hygiene services in a school setting.
(K) A dental hygienist shall provide each client or the client's guardian, or appropriate administrative staff, with an oral assessment, advise each client that dental hygiene services do not take the place of a dental exam, and upon request, provide each client with a list of area dentists.
(L) Collaborative practice dental hygienists must be recognized as providers and must be reimbursed for the delivery of services within their scope of practice by third party entities.
(M) When applying for a collaborative practice permit, a dental hygienist shall list the facilities where the dental hygienist will provide services under such permit. The dental hygienist shall report to the board any changes to the collaborative practice including, changes in facilities at which the dental hygienist is conducting such practice.
(N) A licensed dental hygienist may provide oral hygiene instruction and counseling, perform oral screenings, provide nutrition and dietary counseling, and apply topical fluorides without prior authorization or general supervision in any setting.
(O) Licensed dental hygienists may prescribe topical fluorides, topical chemotherapeutic agents, and prophylactic antibiotics. Prophylactic antibiotics must be prescribed according to the most current guidelines of the American Heart Association, the American Academy of Orthopaedic Surgeons, and the American Academy of Pediatric Dentistry in consultation with the child's physician.
(P) The use of nitrous oxide analgesia is only allowed by dental hygienists while practicing in a dental office.
(Q) A dental hygienist shall carry professional liability insurance as required by the board.
Section 40-16-110. To be licensed by the department as a dental hygienist a person shall:
(1) present evidence of good moral character as is required by the board;
(2) present to the board satisfactory evidence of graduation from a dental hygiene program accredited by the American Dental Association Commission on Dental Accreditation. The program must be established in an institution accredited by an accrediting agency recognized by the United States Department of Education to offer college level programs and must have a minimum of two academic years of dental hygiene curriculum. The board may accept as satisfactory evidence of graduation any of the following:
(a) a notarized copy of the applicant's diploma or other certificate of graduation from a school of dental hygiene accredited by the Council on Dental Education of the American Dental Association;
(b) a sworn statement from the Dean or Registrar of a school of dental hygiene stating that the applicant has graduated from such school of dental hygiene;
(3) complete the application to practice dental hygiene in this State on a form provided by the board at least forty-five days before the date of the examination. By applying, the applicant authorizes the board to verify the information contained in the application or to seek further information pertinent to the applicant's qualifications or character as the board considers proper;
(4) submit the fee prescribed by Section 40-16-80 when the application is submitted;
(5) present evidence of successful completion of the National Dental Hygiene written examination administered by the Joint Commission on National Boards.
Section 40-16-120. (A) The licensure examination must be given either orally or in writing, or by requiring a practical demonstration of the applicant's skill, or by any combination of these methods as the board may require.
(B) An applicant who fails an examination may be reexamined as provided for in regulation.
(C) A licensing examination must be conducted so that the applicant is known to the department by number until the examination is completed and the proper grade determined. An accurate record of each examination must be made and filed with all examination papers with the director of the department and must be kept for reference and inspection for a period of not fewer than two years immediately following the examination.
Section 40-16-130. (A) If an applicant satisfies the licensure requirements and pays the applicable fees as provided for in this chapter, the department shall issue a license to the applicant. A license is a personal right and is not transferable. The issuance of a license is evidence that the licensee is entitled to all rights and privileges of a dental hygienist while the license remains current and unrestricted.
(B) Under conditions established in regulation, the department may issue a provisional license to applicants meeting these conditions.
(C) A duplicate license may be issued to a licensee by the department in accordance with regulations and upon payment of a fee.
Section 40-16-140. (A) The department shall issue a license to a person who holds an active license in another state if the standards for licensure in that state are at least the substantial equivalent to the licensing standards provided for in this chapter.
(B) The board may provide for licensing without examination of a dental hygienist who has satisfied each of the following conditions:
(1) meets the criteria of 40-16-110;
(2) has been a full-time student or been in active clinical dental hygiene practice averaging no less than fourteen hours per week for each of the two years immediately preceding application for licensure;
(3) has not failed the dental hygiene examination of this State;
(4) has not previously had a license to practice dental hygiene issued in any state or region revoked;
(5) pays the fees pursuant to 40-16-80;
(6) is not the subject of an unresolved complaint, review procedure, or disciplinary proceeding undertaken by a dental or dental hygiene licensing jurisdiction.
Section 40-16-150. (A) The department shall maintain a record of its proceedings and a registry of all applications for licensure. The registry must include the name, age, and last known address of each applicant, the place of business of the applicant, the education, experience, and other qualifications of the applicant, type of examination required, whether a license was granted, whether the applicant was denied a license, the date of the action of the department, and other information considered necessary by the department.
(B) The record of department proceedings and its registry of applications must be open to public inspection and a copy of the registry must be provided upon request and payment of a fee.
(C) Records of the department and its registry are prima facie evidence of its proceedings, and a transcript certified by the director under seal is admissible as evidence with the same force and effect as the original.
Section 40-16-160. Annually the department shall prepare and publish a roster containing the names and places of business of all persons licensed under this chapter. A copy of the roster must be provided upon request and upon payment of a fee.
Section 40-16-170. (A) A person licensed under this chapter must satisfy these license renewal requirements in order to continue practicing dental hygiene:
(1) pay a renewal fee in the amount, at the time, and in the manner provided for in regulation;
(2) submit evidence of compliance with continuing education requirements prescribed by the department in accordance with Section 40-16-180.
(B) A dental hygienists' license automatically reverts to inactive status if the dental hygienist fails to timely comply with this section and may be reinstated only upon application and payment of fees and after having met any additional requirements required in regulation including, but not limited to, continuing education requirements.
(C) A license that has been inactive for more than four years automatically expires if the person has not made an application for renewal of the license. An expired license is null and void without any further action by the department.
Section 40-16-180. The department shall promulgate regulations:
(1) establishing continuing education requirements, criteria for the approval of continuing education courses or programs, and subjects required to be covered in continuing education courses and programs including, but not limited to:
(a) medical and scientific subjects;
(b) clinical and technical subjects;
(c) risk management and infection control;
(d) dental radiology;
(e) cardiopulmonary resuscitation, diet, and nutrition.
(f) cultural awareness;
(2) requiring licensees to have a minimum of three clock hours of continuing education per biennium on ethics and jurisprudence.
(3) requiring licensees to be current in cardiopulmonary resuscitation.
(4) requiring a minimum of twenty classroom hours per biennium for license renewal;
(5) providing that no more than eight hours of continuing education may be from mail or journal publications;
(6) requiring a minimum of ten classroom hours for each year of inactive status for reinstatement of an inactive license, which must include a course in infection control techniques, a clinical practice course, and three hours of ethics and jurisprudence.
Section 40-16-190. The board shall receive complaints by any person, and shall require complaints to be submitted in the form of an affidavit. If the director has reason to believe that a person licensed under this chapter has become unfit to practice dental hygiene or has violated a provision of this chapter or a regulation promulgated under this chapter, the director shall initiate an investigation in accordance with procedures established by the department in regulation. If, after investigation, it appears that probable cause exists for a hearing, a time and a place must be set by the board for a hearing to determine whether disciplinary action must be taken against the licensee. Notice must be given and the hearing conducted in accordance with the Administrative Procedures Act.
Section 40-16-200. For the purpose of a proceeding under this chapter, the board may administer oaths and, upon its own motion or upon request of any party, may subpoena witnesses, compel their attendance, take evidence, and require the production of any matter that is relevant to the investigation including, but not limited to, the existence, description, nature, custody, condition, and location of any books, documents, or other tangible items and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. Upon failure to obey a subpoena or to answer questions propounded by the board, the board may apply, pursuant to the Administrative Procedures Act, to an administrative law judge for an order requiring the person to appear before the board and to produce documentary evidence and give other evidence concerning the matter under inquiry.
Section 40-16-210. (A)(1) When the board or the department has reason to believe that a person is violating, or intends to violate, a provision of this chapter or a regulation promulgated under this chapter, the board or department, in addition to pursuing all other remedies, may order the person to immediately cease and desist from engaging in the conduct. If the person is practicing dental hygiene without being licensed under this chapter, the board or the department may also apply to an administrative law judge for a temporary restraining order prohibiting the unlawful practice. The administrative law judge may issue a temporary restraining order ex parte, and the board or the department is not required to:
(a) post a bond;
(b) establish the absence of an adequate remedy at law;
(c) establish that irreparable damage would result from the continued violation.
(2) No board member or the director or any other employee of the department may be held liable for damages resulting from a wrongful temporary restraining order.
(B) In accordance with the South Carolina Rules of Civil Procedure, the board, or a disciplinary panel of the board, or the department also may seek from an administrative law judge other equitable relief to enjoin the violation, or intended violation, of this chapter or a regulation promulgated under this chapter.
Section 40-16-220. The following constitute misconduct and are grounds for the department denying initial licensure to, or the board taking disciplinary action against, a person who:
(1) uses a false, fraudulent, or forged statement or document or committed a fraudulent, deceitful, or dishonest act in applying for licensure under this chapter;
(2) has had his or her license to practice dental hygiene from another state or jurisdiction canceled, revoked, suspended, or otherwise restricted;
(3) violates a provision of this chapter, a regulation promulgated under this chapter, or an order of the department or the board;
(4) intentionally or knowingly, directly or indirectly, aids or abets in the violation or conspiracy to violate this chapter or a regulation promulgated under this chapter;
(5) intentionally uses a fraudulent statement in a document connected to the practice of dental hygiene or makes false, deceptive, or misleading statements in the practice of dental hygiene or in advertising;
(6) obtains fees or assists in obtaining fees under intentionally fraudulent circumstances;
(7) commits dishonorable, unethical, or unprofessional conduct that is likely to deceive, defraud, or harm the public;
(8) lacks the professional or ethical competence to practice dental hygiene;
(9) has been convicted of, or has pled guilty to or nolo contendere to, a felony or a crime that directly relates to the practice or ability to practice dental hygiene;
(10) practices dental hygiene while under the influence of alcohol or drugs or uses alcohol or drugs to such a degree as to render him or her unfit to practice dental hygiene;
(11) has sustained a physical or mental disability, as determined by a physician, which renders further practice by the licensee dangerous to the public.
Section 40-16-230. When investigating grounds for taking disciplinary action based upon an alcohol or drug addiction, as provided for in Section 40-16-220(10), or a physical or mental disability, as provided for in Section 40-16-220(11), the board upon reasonable grounds may:
(1) require an applicant or licensee to submit to a mental or physical examination, including a drug test 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 a contrary rule of law. A person who accepts the privilege of practicing dental hygiene in this State or who files an application for a license to practice dental hygiene in this State is deemed to have consented to submit to a mental or physical examination, including a drug test, and to have waived all objections to the admissibility of the results in a hearing before the board upon the grounds that the results constitute a privileged communication. If an applicant or licensee fails to submit to an examination when requested by the board pursuant to this section, the board shall enter an order automatically denying or suspending the license pending compliance and further order of the board, unless the failure was due to circumstances beyond the person's control. An applicant or licensee who is prohibited from practicing under this subsection must be afforded, at reasonable intervals to be determined by the board, an opportunity to demonstrate to the board the ability to resume or begin the practice of dental hygiene with reasonable skill and safety to patients;
(2) obtain records specifically relating to the mental or physical condition of an applicant or licensee who is the subject of an investigation authorized by item (1) 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 dental hygiene in this State or who files an application to practice dental hygiene 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 that the records constitute a privileged communication. If a licensee or applicant refuses to sign a written consent for the board to obtain these records when requested pursuant to this section, the board shall enter an order automatically denying or suspending the license pending compliance and further order of the board, unless the failure was due to circumstances beyond the person's control. An applicant or licensee who is prohibited from practicing dental hygiene under this section must be afforded, at reasonable intervals to be determined by the board, an opportunity to demonstrate to the board the ability to resume or begin the practice of dental hygiene with reasonable skill and safety to patients.
Section 40-16-240. (A) Upon a determination by the board that one or more of the grounds for discipline exists, as provided for in Section 40-16-220, the board may:
(1) issue a nondisciplinary letter of caution;
(2) issue a public reprimand;
(3) impose a fine not to exceed one thousand dollars; fines must be based on each day a violation has occurred and every day a violation occurs is a separate offense;
(4) place the licensee on probation, restrict the license, or suspend the license for a definite or indefinite time and prescribe conditions to be met during probation, restriction, or suspension, respectively, including, but not limited to, satisfactory completion of additional education, of a supervisory period, or of continuing education programs, as may be specified by the board;
(5) permanently revoke the license.
(B) A person who practices, offers to practice, or aids and abets the practice of dental hygiene in violation of this practice act, or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year and fined not more than fifty thousand dollars.
(C) A decision by the board to discipline a licensee as authorized under this section must be made by a majority vote of the total membership of the board serving at the time the vote is taken.
(D) A final order of the department refusing to issue a license to an applicant or of the board disciplining a licensee under this section, except for a private reprimand, is subject to the Freedom of Information Act.
Section 40-16-250. A licensee who is under investigation for misconduct, as provided for in Section 40-16-220, for which the board may take disciplinary action may voluntarily surrender his or her license to the department. The voluntary surrender invalidates the license at the time of its relinquishment, and no person whose license is surrendered voluntarily may practice as a dental hygienist until the board reinstates the license. A person practicing as a dental hygienist during the period of voluntary license surrender is considered an illegal practitioner and is subject to the penalties provided by this chapter. The surrender of a license may not be considered an admission of guilt in a proceeding under this chapter. The surrender does not preclude the board from imposing conditions on the acceptance of the proffered surrender and does not preclude the board from taking disciplinary action against the licensee.
Section 40-16-260. A person aggrieved by an action of the board or the department may appeal the decision to an administrative law judge in accordance with the Administrative Procedures Act. Service of a notice of appeal does not stay the decision of the board, or disciplinary panel of the board, or of the department pending completion of the appellate process.
Section 40-16-270. (A) Service of any notice provided for by law upon a nonresident licensed under this chapter or upon a resident who having been licensed, subsequently becomes a nonresident, or who after due diligence cannot be found at his or her usual abode or place of business in this State, may be made by leaving with the director a copy of the notice and any accompanying documents. A copy of the notice, accompanying documents, and a certified copy of the service on the director must be mailed to the licensee at his or her last known address, return receipt requested. The director shall keep a record of the service of the notice, and the return receipt must be attached to and made a part of the return of service of the notice by the department.
(B) A continuance may be granted in any hearing under this chapter for which notice is given pursuant to this section so as to afford the licensee a reasonable opportunity to appear and be heard.
Section 40-16-280. (A) All costs and fines imposed under Section 40-16-240 are due and payable immediately upon imposition. Unless the costs and fines are paid within sixty days after the order becomes final, the order constitutes a judgment and may be filed and executed upon in the same manner as a judgment in the court of common pleas, and the department may collect costs and attorney fees incurred in executing the judgment. Interest at the legal rate accrues on the amount due from the date imposed until the date paid.
(B) All fines and costs collected under this section must be remitted by the department to the State Treasurer and deposited in a special fund from which the department, upon approval of the State Budget and Control Board, must be reimbursed for the administrative costs associated with investigations and hearings under this chapter.
Section 40-16-290. (A) Every communication, whether oral or written, made by or on behalf of a person, to the director or the board, whether by way of complaint or testimony, is privileged, and no action or proceeding, civil or criminal, may be brought against the person, by or on whose behalf the communication is made, except upon proof that the communication was made with malice.
(B) Nothing in this chapter may be construed as prohibiting the respondent or the respondent's legal counsel from exercising the respondent's constitutional right of due process under the law and not as prohibiting the respondent from normal access to the charges and evidence filed against him as part of due process under the law.
Section 40-16-300. Licensed pharmacists of this State may fill prescriptions of licensed dental hygienists in this State for those drugs related to dental hygiene practice as outlined in Section 40-16-100.
Section 40-16-310. (A) It is unlawful for a person to:
(1) hold himself out as a dental hygienist unless licensed under this chapter;
(2) permit an employed person to practice dental hygiene unless licensed under this chapter;
(3) present as his or her own the license of another;
(4) allow the use of his or her license by an unlicensed person;
(5) give false or forged evidence to the department in obtaining a license under this chapter;
(6) falsely impersonate another license holder;
(7) use or attempt to use a license that has been revoked;
(8) otherwise violate a provision of this chapter.
(B) The department may institute a civil action in the circuit court, in the name of the State, for injunctive relief against any person violating the provisions of this chapter or the regulations or orders of the department or board. For each violation, the court may impose a fine of no more than one thousand dollars."
SECTION 2. Section 1-30-65 of the 1976 Code is amended by adding in the alphabetically correct location:
"Dental Hygiene Advisory/Disciplinary Board"
SECTION 3. Section 40-1-40(B) of the 1976 Code is amended by adding in the alphabetically correct location:
SECTION 4. Section 40-15-10 of the 1976 Code is amended to read:
"Section 40-15-10. The practice of dentistry and dental hygiene and the performance of dental technological work, as hereinafter defined, shall be under the supervision of a board to be known as the South Carolina State Board of Dentistry. The term 'Board' as used in this chapter shall mean the South Carolina State Board of Dentistry unless otherwise specified."
SECTION 5. 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 eight 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 members must be appointed by the Governor. All appointments to the board of the six members of the board representing the Congressional Districts shall be made upon the recommendation of the board, which recommendation shall be based upon an annual election conducted by the board. This election shall 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 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 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 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.
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 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.
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.
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 6. Section 40-15-40 of the 1976 Code is amended to read:
"Section 40-15-40. The board shall adopt rules and regulations not inconsistent with this chapter for its own organization and for the practice of dentistry and dental hygiene and the performance of dental technological work in this State, and for carrying out the provisions of this chapter, and may amend, modify and repeal any rules and regulations from time to time. The Director of the Department of Labor, Licensing, and Regulation, pursuant to Section 40-73-15, shall appoint such committees, special examiners, agents and employees as he may deem necessary or proper to carry out the provisions of this chapter, the expense thereof to be charged and paid as other expenditures of the board. The board shall hold at least one examination in each year for persons who desire to become licensed dentists or dental hygienists or registered dental technicians. A secretary shall keep a full record of all proceedings of the board, and a complete registry of all licensed dentists, licensed dental hygienists and registered dental technicians. A transcript of any entry in such record or registry certified by the secretary shall be competent evidence."
SECTION 7. Section 40-15-85 of the 1976 Code, as last amended by Act 45 of 2003 is further amended to read:
"Section 40-15-85. For purposes of this chapter:
(1) 'Direct supervision' means that a dentist is in the dental office, personally diagnoses the condition to be treated, personally authorizes the procedure, and before the dismissal of the patient, evaluates the performance of the auxiliary. This requirement does not mandate that a dentist be present at all times, but he or she must be on the premises actually involved in supervision and control.
(2) 'General supervision' means that a licensed dentist or the South Carolina Department of Health and Environmental Control's public health dentist has authorized the procedures to be performed but does not require that a dentist be present when the procedures are performed.
(3) 'Oral prophylaxis' means the removal of any and all hard and soft deposits, accretions, toxins, and stain from any natural or restored surfaces of teeth or prosthetic devices by scaling and polishing as a preventive measure for the control of local irritational factors."
SECTION 8. Section 40-15-105 of the 1976 Code, as amended by Act 11 of 2001, is further amended to read:
"Section 40-15-105. Upon certification, as provided by the board in regulation, and when under direct supervision of a licensed dentist, a dental hygienist or an expanded duty dental assistant is authorized to monitor nitrous oxide inhalation conscious sedation (dental analgesia)."
SECTION 9. Section 40-15-110(A) and (H) of the 1976 Code, as amended by Act 45 of 2003, is further amended to read:
"(A) Nothing in this chapter may be construed to prevent:
(1) the practice of medicine by a licensed physician or the administration of anesthesia by those persons qualified by law to do so;
(2) the performance of official duties by commissioned dental or medical officers of the United States Army, Navy, Air Force, Veterans' Administration, or United States Public Health Service;
(3) a person from teaching or demonstrating dentistry or related procedures at a dental society meeting or at a dental convention or at an accredited dental college;
(4) a licensed dentist of another state or country from performing duties in connection with a specific case for which he is called into the State by a dentist licensed in this State;
(5) dental students from performing dental procedures under the supervision of instructors in any dental school in this State accredited by the commission;
(6) licensed dental hygienists or registered dental technicians from teaching in programs accredited by the commission;
(7) a person from making roentgenograms or X-ray exposures under the supervision of a licensed dentist or prevents persons licensed to practice dental hygiene from performing an intra-oral dental hygiene procedure if it is performed under the direction and control of a licensed dentist present on the premises;
(8) a person from performing dental or orthodontic technological work if:
(a) the intra-oral procedures relative to such work are performed by a licensed dentist;
(b) the work is performed by or under the direction and control of a licensed dentist on his premises, or by or under the direction and control of a registered dental or orthodontic technician present on the premises; however, orthodontic work performed under the direction and control of a registered orthodontic technician is limited to orthodontic technological work; and
(c) the work is performed pursuant to a properly executed work authorization, as provided for in this chapter, if the work is to be done by or under the direction and control of a registered dental or orthodontic technician.;
(9) a certified or qualified dental assistant or licensed dental hygienist from taking impressions for dental study casts under the direct supervision of a licensed dentist present on the premises;
(10) a licensed dental hygienist employed within or contracted through the public health system from providing education and primary preventive care that is reversible. Primary preventive care and education are defined as promotion and protection of health to avoid the occurrence of disease through community, school, and individual measures or improvements in lifestyle. These services are to be performed under the direction of the Department of Health and Environmental Control State Dental Coordinator or the department's designee but do not require that the director or a licensed dentist be present when any public health dental program services are provided. Public health dental program services include oral screenings using a Department of Health and Environmental Control approved screening system, oral prophylaxis, application of topical fluoride including varnish, and the application of dental sealants.
(H) Licensed dental hygienists and Dental assistants within the public health system may perform other duties authorized by regulations of the State Board of Dentistry."
SECTION 10. Section 40-15-120(A)(1) and (2) of the 1976 Code are amended to read:
"(1) practice or attempt or offer to practice dentistry or dental hygiene in the State without having been licensed by the board; or
(2) practice or attempt or offer to practice dentistry or dental hygiene, or perform dental technological work in the State during any period of suspension or revocation of his license or registration certificate; or"
SECTION 11. Section 40-15-135(A) of the 1976 Code, as added by Act 267 of 2000 is amended to read:
"(A) Only a dentist licensed pursuant to this chapter may 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."
SECTION 12. Section 40-15-140 of the 1976 Code is amended to read:
"Section 40-15-140. It is the duty of the Board to 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 admittance to the examination or the registration of an orthodontic technician, each applicant shall produce evidence satisfactory to the Board that he possesses good moral character. If the Board refuses an applicant admission to the examination or registration as an orthodontic technician because of unsuitable moral character 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 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 commission.
(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.
The application must be received by the Board not less than forty-five days before the examination date. An application for registration as an orthodontic technician may be submitted at any time. Each applicant shall pay to the Board a fee as prescribed by it by rules and regulations. Each applicant 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 combination of such 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. The Board shall issue a numbered license to each person who passes the dental or dental hygiene examination and a numbered certificate to each person 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 be available for inspection by a person examined.
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.
Dental examinations must be given annually by the board and dental hygienist and dental technician examinations must be given semiannually by the board."
SECTION 13. Section 40-15-170 of the 1976 Code is amended to read:
"Section 40-15-170. The secretary of the board shall on or about the fifteenth day of October of each year send a reregistration application to the last address furnished the board of each person licensed or registered by the board. The failure to receive the application does not excuse a failure to reregister, as required by this chapter. An annual registration fee, to be set by the board, shall cover fully all costs and is payable by each licensed dentist and dental hygienist and each registered dental technician not later than the thirty-first of December. In setting the license fees for the year 1987-88, the board must set the license fees for each classification so that in the aggregate the revenues generated from all license fees for the year will equal one hundred fifteen percent of its total expenditures during the previous year. If reregistration is not completed by the thirty-first of December, the fee must be doubled. If the licensee or dental technician fails to reregister by the thirty-first of January of the following year, the secretary of the board shall notify the licensee or dental technician by registered mail at his last known address that failure to reregister by the first of March will result in the license or registration expiring as of the first of March. After the thirty-first of January, an additional five dollar penalty is added each day until the reregistration fee is paid. Any expired license may be reinstated or any dental technician may be reregistered by taking the licensure or dental technician examination or appearing in person before the board with a satisfactory explanation for the failure to reregister. An orthodontic technician may be reregistered by submitting a completed application or appearing in person before the board with a satisfactory explanation for the failure to reregister. It is the responsibility of each licensee or dental technician to keep the office of the secretary notified of his current mailing address.
If an individual's license to practice dentistry or dental hygiene is revoked by another state for cause this shall, in the discretion of the board, constitute grounds for revocation of his South Carolina license. The license of a dentist or dental hygienist who does not either reside or practice in South Carolina for a period of six successive years is considered inactive. The time spent in active service by any person in the armed forces or public health service of the United States or with the Veterans' Administration is not construed as absence from or failure to practice in the State. Relicensing after an absence of over six years may be made at the discretion of the board upon proof of high professional fitness and moral character."
SECTION 14. Section 40-15-177 of the 1976 Code is amended to read:
"Section 40-15-177. (A) The State Board of Dentistry may issue a restricted volunteer license to a dentist or dental hygienist who:
(1) has held the corresponding license in another state as a licensee in good standing;
(2) has passed an examination as prescribed by the board;
(3) has not failed the state's corresponding clinical examination within the past five years;
(4) must have at least five years of clinical practice in the field for which they are seeking the license.
(B) A person holding a restricted volunteer license under this section:
(1) must only practice in clinics prescribed by the board in regulation;
(2) only treat patients who have no insurance or who are not eligible for financial assistance for dental treatment;
(3) may not receive remuneration directly or indirectly for providing dental or dental hygiene services.
(C) A dentist with a restricted volunteer license issued under this section only may practice dentistry and perform dental procedures if:
(1) a dentist with an unrestricted license is available on the premises; or
(2) the dentist reviews every thirty days with a local licensed dentist in good standing the cases of all patients treated during the thirty-day period.
(D) A dental hygienist only may practice dental hygiene pursuant to this chapter and regulations promulgated under this chapter for dental hygienists and only under the direct supervision of a licensed dentist.
(E) A license issued under this section must be renewed annually in accordance with continuing education requirements and procedures as may be established by the board in regulation.
(F)(E) A dentist or dental hygienist holding a restricted volunteer license issued pursuant to this section is subject to the provisions of this chapter and regulations promulgated under this chapter unless otherwise provided for in this section."
SECTION 15. Section 40-15-180(1) of the 1976 Code is amended to read:
"(1) 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 to be submitted to it in the form of an affidavit. Upon receipt of a complaint, the director, or such other person as the president may designate, shall investigate the allegations of the complaint and make a report to the board concerning his investigation. If the board shall then desire to proceed 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 be signed by the president or vice-president on behalf of the board. When the accusation is filed, and the board shall set a date for a hearing thereon, the director of the board shall notify the accused in writing, not less than thirty days prior to the hearing date, of the date fixed for the hearing and a true copy of the accusation shall 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 the right to be confronted with and to cross-examine the witnesses against him and shall have the right to counsel. In instances where a board member has made the initial investigation of a complaint, he shall not sit with the board at the hearing of such complaint."
SECTION 16. 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 certificate or a limitation or other discipline of a dentist, dental hygienist, or dental technician occurs when the holder of a license or certificate:
(1) has made a false, fraudulent, or forged statement or document or committed a fraudulent, deceitful, or dishonest act in connection with a licensure or registration requirement;
(2) has been convicted of a felony or other crime involving moral turpitude or controlled substances; forfeiture of bond or a plea of nolo contendere is equivalent 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 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, directly or indirectly, a false, fraudulent, deceptive, or misleading statement as to the skill or methods or practice of a dentist, dental hygienist, or dental 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 a false, fraudulent, deceptive, or misleading statement in 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 a fee which is charged or a reimbursement from third parties or has assisted in obtaining the fees or reimbursement through dishonesty or under false or fraudulent circumstances;
(14) has failed to meet the standards of care in the practice of dentistry or dental hygiene or the performance of dental technological work;
(15) has violated any 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 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;
(19) has dispensed, prescribed, administered, or obtained drugs for any use or in any regimen other than one appropriate for the practice of dentistry.
(B) In investigating misconduct based upon subsection (A)(3), the board upon reasonable grounds may:
(1) 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;
(2) obtain records specifically relating to the mental or physical condition of a licensee, registrant, or applicant that is the subject of an investigation authorized by item (1), 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 17. Section 40-15-200 of the 1976 Code is amended to read:
"Section 40-15-200. If the board is satisfied that the dentist, dental hygienist, or dental technician is guilty of an offense charged in the formal accusation provided for in this chapter, it may revoke or suspend the license or the registration certificate, reprimand the dentist, dental hygienist, or dental technician publicly or privately, or take other reasonable action short of revocation or suspension including, but not limited to, probation or requiring the person to undertake additional professional training subject to the direction and approval of the board, psychiatric evaluations, controlled substance restrictions, institutional practice under supervision, and other actions considered appropriate by the board. In addition to or instead of actions taken by the board affecting the license of a licensee or the registration certificate of a registrant, when it is established that the licensee or registrant has violated this chapter or any regulation promulgated by the board, the board may require the licensee or registrant to pay a civil penalty of up to ten thousand dollars and the costs of the disciplinary action. All penalties must be remitted to the general fund.
Any decision by the board to revoke, suspend, or otherwise restrict or limit a license or registration certificate or otherwise discipline a licensee or holder of a registration certificate must be by majority vote of the members of the board eligible to participate and is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 upon petition filed by the licensee or holder of a registration certificate with the court and a copy thereof served upon the director of the board within thirty days from the date of delivery of the board's decision to the licensee or holder of the registration certificate. The review is governed by Chapter 23 of Title 1."
SECTION 18. Section 40-15-212 of the 1976 Code is amended to read:
"Section 40-15-212. A person who practices dentistry or dental hygiene or performs dental technological work, in violation of this chapter or who aids or abets a person in violating this chapter, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than two years, or both. Each day a violation occurs constitutes a separate offense."
SECTION 19. Section 40-15-215 of the 1976 Code is amended to read:
"Section 40-15-215. Any final order of the board finding that a dentist, dental hygienist, or dental technician is guilty of any offense charged in a formal accusation is public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order or unless stayed by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 or the board. Any final order which is made public may be mailed to local and state dental associations and all hospitals in which the respondent has staff privileges, to states where the dentist, dental hygienist, or dental technician has a license or certificate as known to the board, or to any other agency the board considers appropriate. If a license or certificate is voluntarily limited or surrendered by the holder, a public record of the existence and duration of the limitation or surrender must be maintained by the board, and no further distribution of the information may be made. All information, investigations, and proceedings concerning the circumstances underlying an action by the holder of the license or certificate is privileged and confidential."
SECTION 20. Section 40-15-300 of the 1976 Code is amended to read:
"Section 40-15-300. No person other than a licensed dentist, a student in an accredited dental school, or the recipient patient shall have in his possession any prosthetic or orthodontic model, impression, or appliance on which dental technological work has been, is being, or will be performed without having in his possession a properly executed written work authorization therefor. The Board has authority to inspect the premises of any person licensed or registered by the Board to insure compliance with this section. Nothing in this section precludes a certified or qualified dental assistant or licensed dental hygienist from taking impressions for dental study casts under the direct supervision of a licensed dentist present on the premises."
SECTION 21. Section 40-15-320 of the 1976 Code is amended to read:
"Section 40-15-320. Any dental prosthetic or orthodontic model, impression, or appliance in the possession of any person other than a dentist, a student at an accredited dental school, or recipient patient without a written work authorization and corresponding number or identification on the model, impression, or appliance must be impounded by the Board and is prima facie evidence of violation of this chapter.
Nothing in this section precludes a certified or qualified dental assistant or licensed dental hygienist from taking impressions for dental study casts under the direct supervision of a licensed dentist present on the premises."
SECTION 22. All dental hygiene licenses issued by the South Carolina State Board of Dentistry in effect on July 1, 2006, shall remain in effect as valid licenses until their expiration date, unless revoked by the Department of Labor, Licensing and Regulation pursuant to Section 40-16-240 of the 1976 Code, at which time the license must be issued by the Dental Hygiene Advisory/Disciplinary Board as provided for in this act if the licensee is otherwise qualified for licensure renewal.
SECTION 23. All regulations promulgated by the Board of Dentistry, before July 1, 2006, pertaining to dental hygienists and dental hygiene practice, not covered in this act, remain in effect until such time as the Dental Hygiene Advisory/Disciplinary Board promulgates these matters in regulation.
SECTION 24. Chapter 15, Title 40 of the 1976 Code is renamed "Dentists and Dental Technicians".
SECTION 25. Sections 40-15-80, 40-15-82, and 40-15-102 of the 1976 Code are repealed.
SECTION 26. This act takes effect July 1, 2006.
This web page was last updated on Monday, June 22, 2009 at 3:05 P.M.