Current Status Bill Number:3958 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950406 Primary Sponsor:Hallman All Sponsors:Hallman and Fulmer Drafted Document Number:br1\18105ac.95 Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Dentistry, unlawful practice of
Body Date Action Description Com Leg Involved
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House 19950406 Introduced, read first time, 27 H3M
referred to Committee
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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 AND OPERATION OF A DENTAL OFFICE OR PRACTICE AND TO PROVIDE PENALTIES.
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, 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 for 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 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) 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. This act takes effect upon approval by the Governor.