S*1297(Rat #0333, Act #0298 of 2000)  General Bill, By Short, Peeler, 
J.V. Smith, Leventis, Drummond, Anderson, Moore, Rankin, Giese, Waldrep and 
Saleeby
 A BILL TO AMEND SECTIONS 40-15-80, AS AMENDED, AND 40-15-85, CODE OF LAWS OF
 SOUTH CAROLINA, 1976, RELATING TO DENTISTS, DENTAL HYGIENISTS AND DENTAL
 TECHNICIANS, SO AS TO FURTHER DEFINE CERTAIN DENTAL PROCEDURES AND CONDITIONS
 UNDER WHICH THEY MAY BE ADMINISTERED.

   03/30/00  Senate Introduced, read first time, placed on calendar
                     without reference SJ-3
   04/11/00  Senate Read second time SJ-9
   04/12/00  Senate Read third time and sent to House SJ-31
   04/13/00  House  Introduced and read first time HJ-15
   04/13/00  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-15
   05/03/00  House  Recalled from Committee on Medical, Military,
                     Public and Municipal Affairs HJ-35
   05/09/00  House  Read second time HJ-36
   05/11/00  House  Read third time and enrolled HJ-15
   05/23/00         Ratified R 333
   05/26/00         Signed By Governor
   05/26/00         Effective date 05/26/00
   06/05/00         Copies available
   06/09/00         Act No. 298

AN ACT TO AMEND SECTIONS 40-15-80, AS AMENDED, AND 40-15-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DENTISTS, DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, SO AS TO FURTHER DEFINE CERTAIN DENTAL PROCEDURES AND CONDITIONS UNDER WHICH THEY MAY BE ADMINISTERED.

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

Practicing "dental hygiene" redefined; "direct supervision" redefined; etc.

SECTION 1. Section 40-15-80 of the 1976 Code, as last amended by Act 106 of 1995, is amended to read:

"Section 40-15-80. (A) Any person is considered to be practicing dental hygiene who engages in those clinical procedures primarily concerned with the performance of preventive dental services not constituting the practice of dentistry, including removing all hard and soft deposits and stains from the surfaces of human teeth, root planing, performing clinical examination of teeth and surrounding tissues, and charting of oral conditions for diagnosis by a dentist, and performing such other procedures as may be delegated by regulations of the board.

(B) In school settings, licensed dental hygienists may apply topical fluoride and may perform the application of sealants and oral prophylaxis under general supervision, with written permission of the student's parent or guardian.

(C) In hospitals, nursing homes, long term care facilities, rural and community clinics, health facilities operated by federal, state, county, or local governments, hospices, education institutions accredited by the Commission on Dental Accreditation that give instruction in dental hygiene, and in bona fide charitable institutions, licensed dental hygienists may apply topical fluoride and perform the application of sealants and oral prophylaxis under general supervision. Treatment may not occur in these settings unless medical emergency care is available within the facility.

(D) Licensed dental hygienists may provide oral hygiene instruction and counseling, perform oral screenings, and provide nutrition and dietary counseling without prior authorization.

(E) Upon certification by the board and when under the direct supervision of a practicing dentist, a licensed dental hygienist may administer local infiltration anesthesia.

(F) This section is not intended to establish independent dental hygiene practice.

(G) No person other than a licensed dentist or dental hygienist may use the title 'dental hygienist', present themselves as being a dental hygienist, or perform oral prophylaxis. This does not preclude an expanded duty dental assistant from polishing restorations and supra-gingival tooth structure. Dental hygienists practicing under general supervision must maintain professional liability insurance."

SECTION 2. Section 40-15-85 of the 1976 Code is amended to read:

"Section 40-15-85. (A) The term 'direct supervision' means that a 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 auxiliary. Such a requirement does not mandate that a dentist be present at all times, but he or she must be on the premises actually involved in supervision and control.

(B) The term 'general supervision' means that a licensed dentist or the South Carolina Department of Health and Environmental Control's public health dentist has authorized the procedures to be performed but does not require that a dentist be present when the procedures are performed. General supervision is not applicable to the practice of dental hygiene in a private dental office.

(C) The term 'oral prophylaxis' means the removal of any and/or all hard and soft deposits, accretions, toxins, and stain from any natural or restored surfaces of primary, transitional, and/or permanent teeth by scaling and polishing as a preventive measure for the control of local irrational factors."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 23rd day of May, 2000.

Approved the 26th day of May, 2000.