H 3964 Session 111 (1995-1996)
H 3964 General Bill, By L.L. Elliott, G. Brown, B.D. Cain, Cato, Cooper,
H.M. Hallman, P.B. Harris, B.H. Harwell, Kirsh, Klauber, Koon, Littlejohn,
L.M. Martin, Mason, Riser, Sandifer, D. Smith, R. Smith, E.C. Stoddard, Trotter,
Vaughn, D.C. Waldrop, Wilkes and Witherspoon
A Bill to amend Section 40-15-20, as amended, Code of Laws of South Carolina,
1976, relating to membership on the State Board of Dentistry, so as to
increase the number from nine to ten and to provide for an additional dental
hygienist member and to conform other provisions.
04/06/95 House Introduced and read first time HJ-65
04/06/95 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-65
A BILL
TO AMEND SECTION 40-15-20, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
MEMBERSHIP ON THE STATE BOARD OF DENTISTRY, SO
AS TO INCREASE THE NUMBER FROM NINE TO TEN AND
TO PROVIDE FOR AN ADDITIONAL DENTAL HYGIENIST
MEMBER AND TO CONFORM OTHER PROVISIONS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 40-15-20 of the 1976 Code, as last
amended by Act 439 of 1988, is further amended to read:
"Section 40-15-20. (A) There is created the
State Board of Dentistry (board) to be composed of nine
ten members, one of whom shall must be a
lay member from the State at large, one of whom shall
must be a dentist from the State at large, one
two of whom shall must be a dental
hygienist hygienists from the State at large, and six
of whom shall must be dentists each
representing each of six a Congressional Districts.
(B) Dentists shall must be licensed,
practicing dentists, and residents of the State and of the
Congressional District which they represent. The dental
hygienist hygienists shall must be
a licensed, practicing dental hygienist
hygienists and resident residents of the
State.
(C) The terms of the dentists and lay
members shall be are for six years and until
successors are appointed and qualify. The terms of the dental
hygienists are for four years and until a successor is appointed and
qualifies. No member shall be allowed may
serve successive terms of office.
(D) The dentist at large and lay member shall
must be appointed by the Governor. All
appointments Appointments to the board of the
six members of the board representing the Congressional Districts
shall must be made upon the recommendation of the
board, which recommendation shall and must be
based upon an annual election conducted by the board
when a term is to expire or a vacancy occurs. This
election shall The elections must 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 nominee to 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 a nominee upon satisfactory
showing as to the unfitness of those rejected the
nominee. If the Governor declines to appoint any of such
nominees so submitted a nominee, an
additional nominees nominee shall
must be submitted in the same manner as the original
nominee. Vacancies shall be filled in a like manner by
appointment by the Governor for the unexpired portion of the
term.
(E) The board shall conduct an election to nominate
the a dental hygienist when such seat shall be
vacant a term expires or a vacancy occurs. Such
The election shall provide for participation by all dental
hygienists currently licensed and residing in South Carolina. The
name of the nominee shall must be forwarded to the
Governor for appointment. The Governor may reject the
a nominee upon satisfactory showing as to the unfitness of
the nominee. If the Governor declines to appoint any
a nominee so submitted, an additional
nominees shall nominee must be submitted in the
same manner as the original nominee. Vacancies shall
be filled in a like manner by appointment by the Governor for the
unexpired portion of the term.
(F) No person shall be is 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.
(G) Vacancies shall must be filled in
a like the manner by of the original
appointment by the Governor for the unexpired portion of
the term.
(H) All members of the board have full voting rights
except that the lay member is exempt from voting must
not vote on examinations for licensure and the dental
hygienist is exempt from voting hygienists must not
vote on examination for licensure for dentists.
(I) The Governor may remove any a
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 in
accordance with Section 1-3-210.
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."
SECTION 2. Members of the State Board of Dentistry currently
serving on the board shall continue to serve until their terms expire.
Upon the expiration of the term of the dental hygienist board
member, two dental hygienists must be nominated for appointment
pursuant to Section 40-15-20, as amended in Section 1 of this act,
and of these two one shall serve a four-year term and one shall
serve a two-year term as designated by the Governor.
SECTION 3. This act takes effect upon approval by the
Governor.
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