Current Status Bill Number:3964 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950406 Primary Sponsor:Elliott, All Sponsors:Elliott, Hallman, Waldrop, Cato, Trotter, Stoddard, Witherspoon, Martin, Mason, Harwell, Littlejohn, R. Smith, Cooper, Vaughn, Koon, Cain, Sandifer, Wilkes, D. Smith, P. Harris, Kirsh, Klauber, Riser and G. Brown Drafted Document Number:br1\18335ac.95 Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Dentistry Board, membership
Body Date Action Description Com Leg Involved
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House 19950406 Introduced, read first time, 27 H3M
referred to Committee
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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.