Bill 1006

                    Current Status

Bill Number:               1006
Ratification Number:       539
Act Number                 432
Introducing Body:          Senate
Subject:                   Relating to the State Board of Dentistry,
                           so as to provide a rotating election method
                           among the members of the board elected from
                           congressional districts

(A432, R539, S1006)

AN ACT TO AMEND SECTION 40-15-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF DENTISTRY, SO AS TO PROVIDE A ROTATING ELECTION METHOD AMONG THE MEMBERS OF THE BOARD ELECTED FROM CONGRESSIONAL DISTRICTS; TO AMEND SECTION 40-15-60, RELATING TO THE LIABILITY OF MEMBERS OF THE STATE BOARD OF DENTISTRY, SO AS TO PROVIDE THAT NO MEMBER OF THE BOARD, ITS DIRECTOR, COMMITTEES, SPECIAL EXAMINERS, AGENTS, AND EMPLOYEES SHALL BE HELD LIABLE FOR ACTS PERFORMED IN THE COURSE OF OFFICIAL DUTIES; TO AMEND SECTION 40-15-180, RELATING TO THE PROCEDURE FOR FILING COMPLAINTS AGAINST A LICENSED DENTIST, DENTAL HYGIENIST, OR REGISTERED DENTAL TECHNICIAN, SO AS TO CHANGE THE PROCEDURE FOR FILING COMPLAINTS AGAINST SUCH PERSONS; TO AMEND SECTION 40-15-200, RELATING TO THE EFFECTIVE TIME OF THE SUSPENSION OR REVOCATION BY THE BOARD AND NOTICE OF SUCH SUSPENSION OR REVOCATION TO THE ACCUSED, SO AS TO AUTHORIZE THE BOARD TO TAKE SUCH ACTION AS MAY BE NECESSARY WHEN THE DENTIST, DENTAL HYGIENIST, OR DENTAL TECHNICIAN IS GUILTY OF AN OFFENSE CHARGED IN THE FORMAL ACCUSATION AND TO PROVIDE FOR AN APPEAL TO THE CIRCUIT COURT BY THE LICENSEE OR THE HOLDER OF A CERTIFICATE WHO WAS FOUND GUILTY; AND BY ADDING SECTION 40-15-185 TO THE 1976 CODE, SO AS TO AUTHORIZE THE BOARD OR ITS DESIGNEE TO ADMINISTER OATHS AND AFFIRMATIONS, SUBPOENA WITNESSES, TAKE EVIDENCE, AND REQUIRE THE PRODUCTION OF ANY DOCUMENTS OR RECORDS WHICH THE BOARD DEEMS RELEVANT TO AN INQUIRY.

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

State Board of Dentistry--created

Section 1. Section 40-15-20 of the 1976 Code, as last amended by Act 117 of 1981, is further amended to read:

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

Dentists shall be licensed, practicing dentists and residents of the State and of the Congressional District which they represent. The dental hygienist shall be a licensed, practicing dental hygienist and resident of the State.

The terms of the members shall be for six years and until successors are appointed and qualify. No member shall be allowed successive terms of office.

The dentist at large and lay member shall be appointed by the Governor. 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 shall have full voting rights except that the lay member shall be exempt from voting on examinations for licensure and the dental hygienist shall be exempt from voting on examination for licensure for dentists and disciplinary matters for dentists. The Governor may remove any member of the board who has been guilty of continued neglect of his duties or who is found to be incompetent, unprofessional, or dishonorable. No member shall be removed without first giving him an opportunity to refute the charges filed against him. He shall be given a copy of the charges at the time they are filed.

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."

Members of board of directors, etc., not to be held liable for acts

Section 2. Section 40-15-60 of the 1976 Code is amended to read:

"Section 40-15-60. No member of the board, or its director, its committees, special examiners, agents, and employees shall be held liable for acts performed in the course of official duties except where actual malice is shown. The board shall have a seal and the impression thereof shall be attached to official documents as requested and approved."

Board to receive complaints

Section 3. Section 40-15-180 of the 1976 Code is amended to read:

"Section 40-15-180. (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.

(2) Such notice shall be sent to the accused by registered mail, return receipt requested, directed to his last mailing address furnished the board. The post office registration receipt signed by the accused, his agent, or a responsible member of his household or office staff, or, if not accepted by the person to whom addressed, the postal authorities' stamp thereon showing the same 'Refused', shall be prima facie evidence of service of such notice.

(3) All investigations and proceedings undertaken under the provisions of this chapter shall be confidential.

(4) Every communication, whether oral or written, made by or on behalf of any complainant to the board or its agents, or any hearing panel or member thereon, pursuant to this act whether by way of complaint or testimony, shall be privileged, and no action or proceeding, civil or criminal, shall lie against any such person, firm, or corporation by or on whose behalf such communication shall have been made, by reason thereof."

Board may revoke or suspend license

Section 4. Section 40-15-200 of the 1976 Code is amended to read:

"Section 40-15-200. If the board shall be satisfied that the dentist, dental hygienist, or dental technician is guilty of any offense charged in the formal accusation provided for in this chapter, it shall thereupon revoke or suspend the license or the registration certificate, reprimand the dentist, dental hygienist, or dental technician, or take any other reasonable action short of revocation or suspension, such as 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 any other actions deemed appropriate by the board. The board may also impose such restraint upon the license or registration certificate of the licensee or the holder of the registration certificate as circumstances warrant until the licensee or holder of the registration certificate demonstrates to the board adequate professional competence. In all cases where disciplinary action is taken by the board, written notice of such action shall then be mailed by the secretary of the board to the accused.

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 shall be by majority vote of the members of the board eligible to participate and shall be subject to review by the circuit court 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. Such review shall be limited to the record established by the board hearing."

Board may administer oaths, subpoena witnesses, take evidence, etc.

Section 5. The 1976 Code is amended by adding:

"Section 40-15-185. For the purpose of any investigation or proceeding under the provisions of this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any documents or records which the board deems relevant to the inquiry. In the case of contumacy by or the refusal to obey a subpoena issued to any person, a court of common pleas, upon application of the board, may issue an order requiring the person to appear before the board or the person designated by it and produce documentary evidence and give other evidence concerning the matter under inquiry."

Time effective

Section 6. This act shall take effect upon the approval by the Governor.