Current Status Bill Number:3742 Ratification Number:331 Act Number:295 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950302 Primary Sponsor:Harrison All Sponsors:Harrison Drafted Document Number:BR1\18110AC.95 Date Bill Passed both Bodies:19960423 Date of Last Amendment:19950523 Governor's Action:U Became law without signature of Governor Date of Governor's Action:19960507 Subject:Dental hygiene
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19960515 Act No. A295
------ 19960507 Unsigned, became law without
signature of Governor
------ 19960430 Ratified R331
Senate 19960423 Read third time, enrolled
for ratification
Senate 19960416 Read second time
Senate 19960410 Committee report: Favorable 13 SMA
Senate 19950524 Introduced, read first time, 13 SMA
referred to Committee
House 19950524 Read third time, sent to Senate
House 19950523 Amended, read second time
House 19950518 Committee report: Favorable with 25 HJ
amendment
House 19950302 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
(A295, R331, H3742)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-212 SO AS TO PROVIDE CRIMINAL PENALTIES FOR PERFORMING DENTISTRY, DENTAL HYGIENE, OR DENTAL TECHNOLOGICAL WORK IN VIOLATION OF TITLE 40, CHAPTER 15; TO AMEND SECTIONS 40-15-120, 40-15-150, AND 40-15-340, ALL RELATING TO CRIMINAL PENALTIES FOR SPECIFIC VIOLATIONS, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTION 40-15-200, AS AMENDED, RELATING TO DISCIPLINARY ACTION BY THE STATE BOARD OF DENTISTRY, SO AS TO INCREASE THE FINE FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.
Be it enacted by the General Assembly of the State of South Carolina:
Penalties for practicing dentistry etc. in violation of chapter
SECTION 1. The 1976 Code is amended by adding:
"Section 40-15-212. A person who practices dentistry or dental hygiene or performs dental technological work, in violation of this chapter or who aids or abets a person in violating this chapter, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than two years, or both. Each day a violation occurs constitutes a separate offense."
Penalties for practicing dentistry etc. without a license
SECTION 2. Section 40-15-120 of the 1976 Code is amended to read:
"Section 40-15-120. (A) It is unlawful for a person to:
(1) practice or attempt or offer to practice dentistry or dental hygiene in the State without having been licensed by the board; or
(2) practice or attempt or offer to practice dentistry or dental hygiene, or perform dental technological work in the State during any period of suspension or revocation of his license or registration certificate; or
(3) perform dental technological work without being registered by the board or if unregistered, without performing the 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 the dentist's premises; or
(4) perform orthodontic technological work without being a registered dental or orthodontic technician or if unregistered, without performing the work under the direction or control of a registered dental or orthodontic technician and on the technician's premises, or under the direction and control of a licensed dentist and on the dentist's premises.
(B) A person violating subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than six months or both. Each day a violation occurs constitutes a separate offense."
Penalties for false affidavits, misrepresentation concealment
SECTION 3. Section 40-15-150 of the 1976 Code is amended to read:
"Section 40-15-150. Any person who, in order to influence action by the board:
(a) knowingly files a false or forged affidavit with the board;
(b) files as his own a diploma or license issued to another; or
(c) in any manner misrepresents or conceals his true name or former place of residence is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than six months or both."
Penalties for violations relating to work authorizations
SECTION 4. Section 40-15-340 of the 1976 Code is amended to read:
"Section 40-15-340. (A) A person violating the provisions of this chapter relating to work authorizations is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than six months or both. Each day a violation occurs constitutes a separate offense.
(B) A person, other than a licensed dentist, who accepts dental technological work from the general public is considered to be practicing dentistry without a license and is subject to the penalties provided for in this chapter.
(C) The provisions of this chapter relating to work authorizations have no application where dental technological work is performed by or under the direction and control of a licensed dentist and on the licensed dentist's premises."
Fine increased from one thousand to ten thousand dollars
SECTION 5. The first paragraph of Section 40-15-200 of the 1976 Code is amended to read:
"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."
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Became law without the signature of the Governor -- 5/7/96.