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4383Ratification Number: 288Act Number: 267Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20000111Primary Sponsor: QuinnAll Sponsors: Quinn, Gilham, SeithelDrafted Document Number: l:\council\bills\nbd\11602ac00.docCompanion Bill Number: 1135Date Bill Passed both Bodies: 20000406Date of Last Amendment: 20000309Governor's Action: SDate of Governor's Action: 20000501Subject: Dental treatments, persons not licensed as dentists may not perform certain acts; Patient records, DentistryHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000516 Act No. A267 ------ 20000501 Signed by Governor ------ 20000426 Ratified R288 Senate 20000406 Read third time, enrolled for ratification Senate 20000330 Read second time Senate 20000329 Committee report: Favorable 13 SMA Senate 20000314 Introduced, read first time, 13 SMA referred to Committee House 20000310 Read third time, sent to Senate House 20000309 Amended, read second time, unanimous consent for third reading on Friday, 20000310 ------ 20000309 Scrivener's error corrected House 20000308 Committee report: Favorable with 27 H3M amendment House 20000308 Co-Sponsor added (Rule 5.2) by Rep. Seithel House 20000112 Co-Sponsor added (Rule 5.2) by Rep. Gilham House 20000111 Introduced, read first time, 27 H3M referred to Committee House 20000105 Prefiled, referred to Committee 27 H3M Versions of This Bill Revised on March 8, 2000 - Word format Revised on March 9, 2000 - Word format Revised on March 9, 2000-A - Word format Revised on March 29, 2000 - Word format
(A267, R288, H4383)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-135 SO AS TO AUTHORIZE ONLY A LICENSED DENTIST TO EXERCISE CONTROL OVER CERTAIN ACTS RELATED TO THE PRACTICE OF DENTISTRY AND MAINTAINING A DENTAL OFFICE AND TO PROHIBIT PERSONS NOT LICENSED AS A DENTIST FROM PERFORMING THESE ACTS; 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, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A CIVIL PENALTY.
Be it enacted by the General Assembly of the State of South Carolina:
Only a licensed dentist authorized to conduct certain dental practice activities
SECTION 1. The 1976 Code is amended by adding:
"Section 40-15-135. (A) Only a dentist licensed pursuant to this chapter may 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. However, if the dentist is employed by a corporation or another dentist, the corporation or employing dentist is responsible for keeping the records for a period of five years and the practicing dentist shall have access to those records;
(3) nothing in this section precludes an insurer or health maintenance organization from requiring pre-certification or authorization in regard to reimbursement for courses of treatment performed.
(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 does not, in any manner, affect the operation of an accredited teaching institution, a nonprofit dental clinic operated solely for the benefit of poor and indigent persons, or a state or federal operating clinic."
Patient recordkeeping requirements; penalties
SECTION 2. The 1976 Code is amended by adding:
"Section 40-15-83. (A) 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. If a dentist is employed by a corporation or another dentist, the corporation or employing dentist is responsible for maintaining the patient records for a period of five years. The practicing dentist shall have access to these patient records during that period. However, a dentist who works in a nonprofit dental clinic operated solely for the benefit of poor and indigent persons is not required to maintain records for patients seen in that setting. The owner or operator of a nonprofit dental clinic, for at least five years, shall retain patient records for persons treated at the clinic.
(B) A clinic, corporation, or dentist violating subsection (A) is subject to a civil penalty, to be imposed by the board, of up to ten thousand dollars for each violation."
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 26th day of April, 2000.
Approved the 1st day of May, 2000.
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