Current Status Bill Number:617 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970403 Primary Sponsor:Land All Sponsors:Land Drafted Document Number:psd\7008ac.97 Residing Body:Senate Current Committee:Medical Affairs Committee 13 SMA Subject:Professional and Occupational Licensing Division, Dentistry Board removed from jurisdiction of; Dentists, Labor
Body Date Action Description Com Leg Involved
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Senate 19970403 Introduced, read first time, 13 SMA
referred to Committee
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TO AMEND SECTION 40-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSE AND JURISDICTION OF THE DIVISION OF PROFESSIONAL AND OCCUPATIONAL LICENSING, SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO REMOVE THE BOARD OF DENTISTRY FROM THE JURISDICTION OF THE DIVISION; TO AMEND SECTIONS 40-15-40, 40-15-50, BOTH AS AMENDED, 40-15-60, 40-15-180, AND 40-15-200, AS AMENDED, ALL RELATING TO THE POWERS AND DUTIES OF THE BOARD OF DENTISTRY, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND THE DIRECTOR OF THE DEPARTMENT, AND TO PROVIDE THAT FINES AND FEES RECEIVED BY THE BOARD ARE TO BE IN AN ACCOUNT SEPARATE FROM THE GENERAL FUND FOR THE USE OF THE BOARD AND TO FURTHER PROVIDE THAT ANNUALLY AN AMOUNT EQUAL TO TEN PERCENT OF THE BOARD'S EXPENDITURES MUST BE REMITTED TO THE GENERAL FUND.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-1-40(B) of the 1976 Code, as added by Act 453 of 1996, is amended to read:
"(B) The following boards and the professions and occupations they license or otherwise regulate must be administered by the Department of Labor, Licensing and Regulation pursuant to this article:
Board of Accountancy
Board of Architectural Examiners
Athletic Commission
Auctioneers Commission
Board of Barber Examiners
Board for Barrier-Free Design
Building Code Council
Board of Chiropractic Examiners
Contractors' Licensing Board
Board of Cosmetology
Board of Dentistry
Engineers and Land Surveyors Board
Environmental Certification Board
Board of Registration for Foresters
Board of Funeral Service
Board of Registration for Geologists
Manufactured Housing Board
Board of Medical Examiners
Modular Buildings Board of Appeals
Board of Nursing
Long Term Health Care Administrators Board
Board of Occupational Therapy
Board of Examiners in Opticianary
Board of Examiners in Optometry
Board of Pharmacy
Board of Physical Therapy Examiners
Pilotage Commission
Board of Podiatry Examiners
Board of Examiners for Licensure of Professional Counselors and Marital and Family Therapists
Board of Examiners in Psychology
Board of Pyrotechnic Safety
Real Estate Appraisers Board
Real Estate Commission
Residential Builders Commission
Board of Social Work Examiners
Board of Examiners in Speech-Language Pathology and
Audiology
Board of Veterinary Medical Examiners"
SECTION 2. Section 40-15-40 of the 1976 Code, as last amended by Act 181 of 1993, is further 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 as necessary. The Director of the Department of Labor, Licensing, and Regulation, pursuant to Section 40-73-15, board shall appoint such committees, special examiners, agents, and employees as he may deem it considers necessary or proper to carry out the provisions of this chapter, the expense thereof to be of which must 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 the record or registry certified by the secretary shall be is competent evidence."
SECTION 3. Section 40-15-50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 40-15-50. The executive director must be bonded in an amount as the Director of the Department of Labor, Licensing and Regulation board may fix for the faithful discharge of his duties as custodian of the monies paid to the board. He The executive director shall receive the salary as appropriated by the Director of the Department of Labor, Licensing, and Regulation board. Each of the board members shall receive for each day actually engaged in the duties of his the office per diem, mileage, and subsistence at the rate established by law for boards, commissions, and committees. All fines and fees received by the board become the property of the state general fund and must deposited to the account of must be submitted to the State Treasurer and deposited into a special account, separate and distinct from the general fund, for the use and benefit of the board. The expenditures of the board must be from state appropriations. All fines must be deposited into a special account to be held by the State Treasurer for thee purpose of the payment of administrative costs upon the approval of the Budget and Control Board. At any time the balance in the special account exceeds twenty thousand dollars, all funds in excess of that amount Annually an amount equal to ten percent of the board's previous year's expenditures must be remitted to the general fund."
SECTION 4. Section 40-15-60 of the 1976 Code is amended to read:
"Section 40-15-60. No member of the board, or its executive director, its committees, special examiners, agents, and employees shall may 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 of the seal must be attached to official documents as requested and approved."
SECTION 5. 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 executive director, or such other another person as that the president may designate, shall investigate the allegations of the complaint and make a report to the board concerning his the investigation. If the board shall then desire desires 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 must be signed by the president or vice-president vice president on behalf of the board. When the accusation is filed, and the board shall set sets a date for a hearing thereon, the executive director of the board shall notify the accused in writing, not less than thirty days prior to before the hearing date, of the date fixed for the hearing and a true copy of the accusation shall must be attached to the notice. The accused may appear and show cause why his license should not be suspended or revoked. The accused shall have has the right to be confronted with and to cross-examine the witnesses against him and shall have the right to counsel. In instances where a board member has made the initial investigation of a complaint, he shall the member must not sit with the board at the hearing of such the complaint.
(2) Such notice shall must 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 on it showing the same 'Refused', shall be is prima facie evidence of service of such the notice.
(3) All investigations and proceedings undertaken under the provisions of this chapter shall be are 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 of the board, pursuant to this act chapter whether by way of complaint or testimony, shall be is privileged, and no action or proceeding, civil or criminal, shall lie against any such the person, firm, or corporation by or on whose behalf such the communication shall have has been made, by reason thereof."
SECTION 6. Section 40-15-200 of the 1976 Code, as last amended by Act 295 of 1996, is further 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 executive 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 7. This act takes effect upon approval by the Governor.