H*2958 Session 106 (1985-1986)
H*2958(Rat #0388, Act #0363 of 1986) General Bill, By
House Medical, Military, Public and Municipal Affairs
A Bill to amend Sections 40-15-70, 40-15-110, 40-15-120, 40-15-130, 40-15-140,
as amended, 40-15-170, 40-15-190, 40-15-200, as amended, 40-15-210, 40-15-250,
40-15-300, and 40-15-320, Code of Laws of South Carolina, 1976, relating to
dentists, dental hygienists, and dental technicians, so as to change the
reference to Council on Dental Education of the American Dental Association to
the Commission on Dental Accreditation; to permit dental assistants and
hygienists to take impressions under supervision of a dentist; to provide that
a person may perform orthodontic technological work if under control of an
orthodontic technician, and to make it unlawful for a person to perform
orthodontic technology without being registered as a dental or orthodontic
technician, to provide for the examination, registration, and reregistration
of orthodontic technicians; to permit dentists and dental specialists to
advertise, require dentists practicing under a trade name or as an employee of
a dentist or of a professional association to display his name and place of
practice at the entrance where practice is conducted; and to provide that an
applicant's fee be fixed by regulation; to provide that the license of a
dentist or dental hygienist who does not reside or practice in this State for
six successive years is inactive instead of revoked; to provide grounds for
revocation, suspension, probation, reprimand, or other restriction of the
license of a dentist, dental hygienist, or technician; to provide for a public
or private reprimand for violation of this Act and place the party on
probation or impose a fine of up to one thousand dollars; to provide a
penalty; and to provide that the fee for the examination for licensing
specialists is fixed by regulation and exempt diplomats of a national
certifying board; and to amend the Code by adding Sections 40-15-85, 40-15-95,
and 40-15-215 so as to define the term direct supervision in a dentist's
office and the term orthodontic technological work; and to provide that final
orders of the Board that the dentist, dental hygienists, or technician is
guilty are made public unless the accusation is dismissed.-amended title
05/16/85 House Introduced and read first time HJ-3248
05/16/85 House Referred to Committee on Labor, Commerce and
Industry HJ-3249
01/22/86 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-221
01/29/86 House Debate adjourned HJ-358
01/30/86 House Amended HJ-419
01/30/86 House Read second time HJ-420
01/31/86 House Read third time and sent to Senate HJ-447
02/04/86 Senate Introduced and read first time SJ-426
02/04/86 Senate Referred to Committee on Medical Affairs SJ-427
03/18/86 Senate Committee report: Favorable Medical Affairs SJ-1065
03/20/86 Senate Read second time SJ-1137
03/20/86 Senate Ordered to third reading with notice of
amendments SJ-1137
03/25/86 Senate Read third time and enrolled SJ-1169
04/02/86 Ratified R 388
04/07/86 Signed By Governor
04/07/86 Effective date 04/07/86
04/07/86 Act No. 363
04/15/86 Copies available
(A363, R388, H2958)
AN ACT TO AMEND SECTIONS 40-15-70, 40-15-110, 40-15-120, 40-15-130, 40-15-140,
AS AMENDED, 40-15-170, 40-15-190, 40-15-200, AS AMENDED, 40-15-210, 40-15-250,
40-15-300, AND 40-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
DENTISTS, DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, SO AS TO TO CHANGE THE
REFERENCE TO COUNCIL ON DENTAL EDUCATION OF THE AMERICAN DENTAL ASSOCIATION TO
THE COMMISSION ON DENTAL ACCREDITATION; TO PERMIT DENTAL ASSISTANTS AND
HYGIENISTS TO TAKE IMPRESSIONS UNDER SUPERVISION OF A DENTIST; TO PROVIDE THAT
A PERSON MAY PERFORM ORTHODONTIC TECHNOLOGICAL WORK IF UNDER CONTROL OF AN
ORTHODONTIC TECHNICIAN, AND TO MAKE IT UNLAWFUL FOR A PERSON TO PERFORM
ORTHODONTIC TECHNOLOGY WITHOUT BEING REGISTERED AS A DENTAL OR ORTHODONTIC
TECHNICIAN, TO PROVIDE FOR THE EXAMINATION, REGISTRATION, AND REREGISTRATION OF
ORTHODONTIC TECHNICIANS; TO PERMIT DENTISTS AND DENTAL SPECIALISTS TO ADVERTISE,
REQUIRE DENTISTS PRACTICING UNDER A TRADE NAME OR AS AN EMPLOYEE OF A DENTIST OR
OF A PROFESSIONAL ASSOCIATION TO DISPLAY HIS NAME AND PLACE OF PRACTICE AT THE
ENTRANCE WHERE PRACTICE IS CONDUCTED; AND TO PROVIDE THAT AN APPLICANT'S FEE BE
FIXED BY REGULATION; TO PROVIDE THAT THE LICENSE OF A DENTIST OR DENTAL HYGIENIST
WHO DOES NOT RESIDE OR PRACTICE IN THIS STATE FOR SIX SUCCESSIVE YEARS IS
INACTIVE INSTEAD OF REVOKED; TO PROVIDE GROUNDS FOR REVOCATION, SUSPENSION,
PROBATION, REPRIMAND, OR OTHER RESTRICTION OF THE LICENSE OF A DENTIST, DENTAL
HYGIENIST, OR TECHNICIAN; TO PROVIDE FOR A PUBLIC OR PRIVATE REPRIMAND FOR
VIOLATION OF THIS ACT AND PLACE THE PARTY ON PROBATION OR IMPOSE A FINE OF UP TO
ONE THOUSAND DOLLARS; TO PROVIDE A PENALTY; AND TO PROVIDE THAT THE FEE FOR THE
EXAMINATION FOR LICENSING SPECIALISTS IS FIXED BY REGULATION AND EXEMPT
DIPLOMATES OF A NATIONAL CERTIFYING BOARD; AND TO AMEND THE 1976 CODE BY ADDING
SECTIONS 40-15-85, 40-15-95, AND 40-15-215 SO AS TO DEFINE THE TERM DIRECT
SUPERVISION IN A DENTIST'S OFFICE AND THE TERM ORTHODONTIC TECHNOLOGICAL WORK;
AND TO PROVIDE THAT FINAL ORDERS OF THE BOARD THAT THE DENTIST, DENTAL HYGIENIST,
OR TECHNICIAN IS GUILTY ARE MADE PUBLIC UNLESS THE ACCUSATION IS DISMISSED.
Be it enacted by the General Assembly of the State of South Carolina:
Person practicing dentistry
SECTION 1. Section 40-15-70 of the 1976 Code is amended to read:
"Section 40-15-70. A person is practicing dentistry who:
(1) Uses the word 'dentist', 'dental surgeon', or the letters 'D.D.S.',
'D.M.D.', or other letters or titles in connection with his name which in any way
represents him as engaging in the practice of dentistry or in the administration
of any dental health program; or
(2) For a fee or other consideration:
(a) shall profess or indicate in any manner that he can or will attempt to
perform dental procedures in the oral cavity and associated adjacent structures;
or
(b) shall diagnose or treat or profess to diagnose or treat any diseases or
lesions or conditions of the oral cavity and associated adjacent structures; or
(c) shall extract teeth, correct malpositions of the teeth or jaws, or take
impressions, or construct, supply, repair, reline, or duplicate artificial teeth
as substitutes for natural teeth, or adjust such substitutes, or do any practice
included in the curricula of dental colleges accredited by the Commission on
Dental Accreditation, or administer or prescribe drugs or therapy utilized in the
treatment of dental or oral diseases, or shall use X ray for dental treatment or
dental diagnostic purposes, or shall administer anaesthetics, local or general,
for dental procedures; or
(d) shall teach or profess to teach any phase of dental practice or related
procedures."
Definition
SECTION 2. The 1976 Code is amended by adding:
"Section 40-15-85. The term 'direct supervision' means that the
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 dental auxiliary. Such a requirement
does not mandate that the dentist be present at all times but he must be on the
premises actually involved in supervision and control."
Definition
SECTION 3. The 1976 Code is amended by adding:
"Section 40-15-95. The term 'orthodontic technological work' as used in
this chapter is hereby defined as the extra-oral procedures of constructing,
making, altering, repairing or duplicating of orthodontic appliances. The
persons performing orthodontic technological work, other than dentists, shall be
referred to as orthodontic technicians. For the purposes of this chapter
references to dental technicians or dental technological work include orthodontic
technicians and orthodontic technological work unless specific reference is made
to orthodontic technicians or orthodontic technological work."
Chapter may not be construed
SECTION 4. Section 40-15-110 of the 1976 Code is amended to read:
"Section 40-15-110. Nothing in this chapter may be construed to prevent
the practice of medicine by a licensed physician or the administration of
anaesthesia by those persons otherwise qualified by law to do so; or to prevent
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; or to prevent any 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; or to prevent 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; or to prevent dental students from performing dental procedures under the
supervision of instructors in any dental school in this State accredited by the
Commission; or to require a license for interns or residents enrolled in an
intern or residency training program approved by the Commission; or prevent
licensed dental hygienists or registered dental technicians from teaching in
programs accredited by the Commission.
A dentist licensed in another state teaching in a dental college in South
Carolina accredited by the Commission is exempt from the licensure requirement
unless he engages in the intramural or private practice of dentistry.
Nothing in this chapter prevents 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.
Nothing in this chapter prevents 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; and
(b) the work is performed by or under the direction and control of a licensed
dentist and on his premises, or by or under the direction and control of a
registered dental or orthodontic technician present on the premises, provided,
however, that 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 described elsewhere in this chapter, if the work is to be done by or under the
direction and control of a registered dental or orthodontic technician.
Nothing in this chapter prevents 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.
Unlicensed personnel in a dental office may perform those tasks as authorized
by the board and for which minimal training standards and qualifications are
established by regulation. All tasks permitted to be performed by other than
licensed personnel must be under the direct supervision of a dentist present on
the premises and licensed in South Carolina."
Penalties
SECTION 5. Section 40-15-120 of the 1976 Code is amended to read:
"Section 40-15-120. Any person who:
(a) practices, attempts , or offers to practice dentistry or dental hygiene in
the State without having been licensed by the Board; or
(b) practices, attempts , or offers to practice dentistry or dental hygiene,
or performs dental technological work in the State during any period of
suspension or revocation of his license or registration certificate; or
(c) performs dental technological work without being registered by the Board
or if unregistered, without performing such work under the direction and control
of a registered dental technician present on the premises, or under the direction
and control of a licensed dentist and on his premises; or
(d) performs orthodontic technological work without being a registered dental
or orthodontic technician or if unregistered, without performing such work under
the direction or control of a registered dental or orthodontic technician and on
his premises, or under the direction and control of a licensed dentist and on his
premises;
shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not
more than one thousand dollars, or imprisoned not more than six months, or both,
in the discretion of the court. Each day upon which such acts are performed
shall constitute a separate offense."
Dentists may advertise
SECTION 6. Section 40-15-130 of the 1976 Code is amended to read:
"Section 40-15-130. Dentists may advertise their services so long as
these public communications are not false, deceptive, or misleading and do not
attempt to create any impression, unsupported by fact, of superior skills or
qualifications of those who practice thereunder. Licensed dental specialists may
announce their specialization and may advertise their services so long as the
public communications are not false, deceptive, or misleading.
Every dentist practicing dentistry under a trade name and every dentist
practicing as an employee of another licensed dentist or a partnership or of a
professional association shall cause his name and licensed area of practice to
be conspicuously displayed and kept so displayed in a conspicuous place at the
entrance of the place where the practice is conducted.
Dentists may practice or continue to practice under trade names so long as the
names are not false, deceptive, or misleading and do not attempt to create any
impression of superior skills or qualifications of those who practice
thereunder."
Examination by the board
SECTION 7. Section 40-15-140 of the 1976 Code, as last amended by Act 117 of
1981, is further 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."
Secretary to send reregistration application
SECTION 8. 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. 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 thirtieth of June 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 October will
result in the license or registration expiring as of the first of October. 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."
Misconduct
SECTION 9. Section 40-15-190 of the 1976 Code is amended to read:
"Section 40-15-190. 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 is when the holder of a license or certificate:
(1) has made any false, fraudulent, or forged statement or document, or
committed any fraudulent, deceitful, or dishonest act in connection with any of
the licensure or registration requirements;
(2) has been convicted of a felony or any other crime involving moral
turpitude or controlled substances;
Forfeiture of bond or a plea of nolo contendere is equivalent of a conviction.
(3) is unable to practice dentistry, dental hygiene, or 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 any 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, either directly
or indirectly, any false, fraudulent, deceptive, or misleading statements as to
the skill or methods or practice of any dentist, dental hygienist, or dental
technologists;
(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 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 any false, fraudulent, deceptive, or misleading statements in
any 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 any fee which is charged or any reimbursement from third
parties, or has assisted in obtaining the fees or reimbursement through
dishonesty or under false or fraudulent circumstances;
(14) has been grossly incompetent in the practice of dentistry, dental
hygiene, or the performance of dental technological work;
(15) has violated any other provisions of this chapter regulating the practice
of dentistry, dental hygiene, or dental technological work or the regulations
promulgated by the Board;
(16) has committed any 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."
Board may revoke or suspend license
SECTION 10. Section 40-15-200 of the 1976 Code, as last amended by Act 432 of
1982, 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 any 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 either publicly or privately, or take any other reasonable action
short of revocation or suspension, such as probation or the imposition of a fine
of up to one thousand dollars to be paid into the general fund except for
expenses incurred by the Board in the procuring, 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 any other actions considered
appropriate by the board.
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 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. The review is governed by Act 176 of
1977."
Penalty
SECTION 11. Section 40-15-210 of the 1976 Code is amended to read:
"Section 40-15-210. Any person who practices dentistry or dental hygiene
or performs dental technological work, in violation of the provisions of this
chapter, is guilty of a misdemeanor and upon conviction must be fined not more
than one thousand dollars or imprisoned for not more than two years, or both.
Each violation constitutes a separate offense. The provisions of this section
apply to any person aiding or abetting in any violation of this chapter."
Final order is public knowledge
SECTION 12. The 1976 Code is amended by adding:
"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 the court 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."
Examinatons
SECTION 13. Section 40-15-250 of the 1976 Code is amended to read:
"Section 40-15-250. Examinations for licensing as specialists are held
annually or as the Board may determine. The examinations must be theoretical and
practical. The theoretical examinations shall include subjects represented in
that recognized special area of dentistry in which the applicant desires to
specialize. 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 the methods as the Board may require. The fee for the
examinations and special license is prescribed in the regulations of the Board.
Any applicant who fails to pass the examination may apply for a subsequent
examination, in which case he shall pay to the secretary a fee prescribed in the
regulations of the Board for each subsequent examination. A diplomate of a
national certifying board recognized by the American Dental Association may be
granted a specialty license without examination by the Board after satisfactory
completion of the application and submission of fees applicable to other
applicants. A dentist now holding a valid South Carolina specialty license is
not required to be reexamined for that specialty license after April 13,
1968."
Return work authorization required
SECTION 14. 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."
Prima facie evidence
SECTION 15. 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."
Time effective
SECTION 16. This act shall take effect upon approval by the Governor. |