H*3921(Rat #0410, Act #0378 of 2006)  General Bill, By Clemmons and Martin

Similar(S 349)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 40-15-172 SO AS TO PROVIDE THAT MOBILE DENTAL FACILITIES OR PORTABLE DENTAL
 OPERATIONS MUST BE REGISTERED WITH THE STATE BOARD OF DENTISTRY, TO PROVIDE
 REGISTRATION CRITERIA, AND TO ESTABLISH FACILITY OPERATION REQUIREMENTS. -
 ratified title

   04/13/05  House  Introduced and read first time HJ-21
   04/13/05  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-21
   02/01/06  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-61
   02/07/06  House  Member(s) request name added as sponsor: Martin
   02/07/06  House  Amended HJ-26
   02/07/06  House  Read second time HJ-27
   02/08/06  House  Read third time and sent to Senate HJ-16
   02/09/06  Senate Introduced and read first time SJ-8
   02/09/06  Senate Referred to Committee on Medical Affairs SJ-8
   05/18/06  Senate Committee report: Favorable Medical Affairs SJ-33
   05/23/06  Senate Read second time SJ-14
   05/31/06  Senate Amended SJ-129
   05/31/06  Senate Read third time and returned to House with
                     amendments SJ-129
   06/01/06  House  Non-concurrence in Senate amendment HJ-31
   06/01/06  Senate  Recede from Senate amendments SJ-35
   06/01/06  Senate  Concurs in House amendments SJ-35
   06/01/06  House  Ordered enrolled for ratification HJ-69
   06/07/06         Ratified R 410
   06/14/06         Became law without Governor's signature
   06/20/06         Copies available
   06/20/06         Effective date 06/14/06
   06/23/06         Act No. 378

(A378, R410, H3921)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-172 SO AS TO PROVIDE THAT MOBILE DENTAL FACILITIES OR PORTABLE DENTAL OPERATIONS MUST BE REGISTERED WITH THE STATE BOARD OF DENTISTRY, TO PROVIDE REGISTRATION CRITERIA, AND TO ESTABLISH FACILITY OPERATION REQUIREMENTS.

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

Registration of mobile and portable dental facilities; operating requirements

SECTION    1.    Chapter 15, Title 40 of the 1976 Code is amended by adding:

"Section 40-15-172.    (A)(1)    An organization or dental practice utilizing a licensed dentist to operate one or more mobile dental facilities or portable dental operations shall register with the board by submitting an application in the form and manner required by the board and shall pay a registration fee, as established by the board in regulation. These fees must be adjusted in accordance with Chapter 1 of Title 40.

(2)    If the ownership of a mobile dental facility or portable dental operation changes, a new registration must be obtained from the board.

(3)    An applicant shall submit proof of registration with the Secretary of State, as may be required by law, authorizing the entity to do business in this State.

(B)    A registrant, in addition to the other requirements of this section, shall ensure that:

(1)    a dentist licensed to practice in this State is responsible at all times for services provided at a mobile dental facility or portable dental operation;

(2)    dental services provided at a mobile dental facility or portable dental operation are provided by persons authorized by law to provide these services;

(3)    each dentist and dental hygienist providing dental services in a mobile dental facility or portable dental operation displays his or her authorization to practice in this State in plain view of patients;

(4)    dental and official records are maintained and available for inspection and copying upon request by the board;

(5)    a confidential written or electronic record is maintained at each mobile dental facility or portable dental operation documenting each location where services are provided, including:

(a)    the street address of the service location;

(b)    the dates and times at each service location;

(c)    the dental services provided to each patient by name;

(6)    confidential written or electronic records, maintained in accordance with item (5), are available to the board on request and that costs for providing these records are borne by each mobile dental facility or portable dental operation;

(7)    a written procedure for emergency or follow-up care for patients treated in the mobile dental facility or portable dental operation is kept where services are being provided and that this procedure includes prior arrangements for emergency or follow-up treatment in a medical or dental facility, as may be appropriate, located in the area where services are being provided;

(8)    communication devices are available to enable immediate contact with appropriate persons in the event of a medical or dental emergency;

(9)    the mobile dental facility or portable dental operation complies with all applicable federal, state, and local laws, regulations, and ordinances including, but not limited to, those concerning radiographic equipment, flammability, construction, sanitation, zoning, infectious waste management, universal precautions, OSHA guidelines, and federal Centers for Disease Control guidelines, and the registrant possesses all applicable county, state, and city licenses or permits to operate the unit at the location where services are being provided; and that carbon monoxide detection devices are installed and in proper working order in mobile dental facilities only;

(10)    during or at the conclusion of each patient's visit to the mobile dental facility or portable dental operation, the patient, or patient's parent or guardian if the patient is a minor, is provided with an information sheet and that if the patient has provided consent to an institutional facility to assist in the patient's dental health records, the institution is provided with a copy of the information sheet. An institutional facility includes, but is not limited to, a long term care facility or school, and that the information sheet includes the following:

(a)    pertinent contact information as provided by this section;

(b)    the name of the dentist and other dental staff who provided services and their license numbers, if applicable;

(c)    a description of the treatment rendered, including billed service codes and fees associated with treatment and tooth numbers when appropriate;

(d)    a description of any dental needs either observed during a hygienist's screening or diagnosed during a dentist's evaluation;

(e)    a recommendation that the patient see another dentist if the mobile dental facility or the portable dental operation is unable to provide the follow-up treatment described in subitem (d);

(11)    patient records are maintained by the registrant in a secure manner and that notice is given to the board not less than thirty days before any transfer of records from the registrant's possession.

(C)    A violation of a provision of law or regulation regulating the practice of dentistry, dental hygiene, or the operation of mobile dental facilities or portable dental operations may result in disciplinary action as provided in this chapter.

(D)    A person or entity that is not registered with the board in accordance with this section is not entitled to reimbursement or other compensation for any services provided in this State.

(E)    For the purposes of this section 'mobile dental facility or portable dental operation' means a facility or operation that is not confined to a single building and that can be transported from place to place."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 7th day of June, 2006.

Became law without the signature of the Governor -- 6/14/06.