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Current Status Bill Number:View additional legislative information at the LPITS web site.1135 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20000209 Primary Sponsor:Saleeby All Sponsors:Saleeby, Bryan, Courtney and Reese Drafted Document Number:l:\council\bills\nbd\11704ac00.doc Companion Bill Number:4383 Residing Body:Senate Current Committee:Medical Affairs Committee 13 SMA Subject:Dentists and Dentistry, dental treatments, patients records History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20000209 Introduced, read first time, 13 SMA referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-135 SO AS TO PROHIBIT PERSONS NOT LICENSED AS A DENTIST FROM PERFORMING CERTAIN ACTS RELATED TO DENTAL TREATMENTS IN THE OPERATION OF A DENTAL OFFICE OR PRACTICE AND TO PROVIDE PENALTIES, AND BY ADDING SECTION 40-15-83, SO AS TO REQUIRE DENTISTS TO MAINTAIN PATIENT RECORDS FOR AT LEAST FIVE YEARS AFTER WHICH THEY MAY BE DESTROYED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-15-135. (A) No person other than a dentist licensed pursuant to this chapter may:
(1) employ a dentist or dental auxiliary in the operation of a dental office;
(2) control the use of dental equipment or material while the equipment or material is being used to provide dental services in a dental office, whether those services are provided by a dentist, a dental hygienist, a dental assistant, or a dental auxiliary.
(B) No person other than a dentist, licensed pursuant to this chapter may exercise control over;
(1) the selection of a course of treatment of a patient, the procedures or materials to be used as part of the course of treatment, or the manner in which the course of treatment is carried out by the licensee;
(2) the patient records of a dentist;
(3) policies and decisions relating to pricing, credit, refunds, warranties, and advertising;
(4) decisions relating to office personnel and hours of practice.
(C) A lease agreement, rental agreement, or other arrangement for the provision of dental equipment or dental materials in a dental office entered into by a licensed dentist with a person who is not a licensed dentist shall contain a provision whereby the dentist expressly maintains complete care, custody, and control of the equipment or material.
(D) This section may not interfere with a dental hygienist working in a school setting which allows the dental hygienist to perform prophys and apply sealants under general supervision once the child has been seen by a licensed dentist and procedures have been approved.
(E) The section does not, in any manner, affect the operation of an accredited teaching institution, or a state or federal operating clinic.
(F) A person who violates a provision of this section is subject to civil penalties provided for in Section 40-15-210. Each day a violation occurs constitutes a separate offense."
SECTION 2. The 1976 Code is amended by adding:
"Section 40-15-83. Dentists shall retain their patient records for at least five years. These minimum recordkeeping periods begin to run from the last date of treatment. After these minimum recordkeeping periods, the records may be destroyed."
SECTION 3. This act takes effect upon approval by the Governor.
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