South Carolina General Assembly
113th Session, 1999-2000

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Bill 1297


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INTRODUCED

March 30, 2000

S. 1297

Introduced by Senators Short, Peeler, J. Verne Smith, Leventis, Drummond, Anderson, Moore, Rankin, Giese, Waldrep and Saleeby

S. Printed 3/30/00--S.

Read the first time March 30, 2000.

            

A BILL

TO AMEND SECTIONS 40-15-80 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:

SECTION 1. Sections 40-15-80 and 40-15-85 of the 1976 Code are 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 the human teeth, root planing, performing clinical examination of teeth and surrounding tissues and charting of oral conditions for diagnosis by the a dentist, and performing such other procedures, under the supervision of a licensed dentist, as may be delegated by regulations of the board.

(B) In school settings, licensed dental hygienists may provide oral hygiene instruction and counseling, perform oral screenings, provide nutrition and dietary counseling, and apply topical fluoride without the presence of a dentist on the premises 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 school settings, application of sealants and oral prophylaxis are subject to the following restrictions:

(1) A student with unmet oral needs may have a sealant applied or a prophylaxis performed upon written permission of the student's parent or guardian.

(2) A licensed dental hygienist must receive authorization from a licensed dentist who is either his employer or supervising dentist before placement of sealants or a prophylaxis is provided.

(3) A preexamination and written authorization by the authorizing dentist, to occur no more than forty-five days before treatment is administered, is required before any student receives sealant application or oral prophylaxis, or both. Treatment cannot be authorized for a student who is an active patient of another dentist. 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 bonafide 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) In facilities owned or operated by the federal, state, or local government, and in nursing home facilities, licensed dental hygienists may provide oral hygiene instruction and counseling, perform oral screenings, provide nutrition and dietary counseling, and apply topical fluorides without the presence of a dentist on the premises. A licensed dental hygienist must receive authorization from a licensed dentist who is either his employer or supervising dentist before placement of sealants. A preexamination and written authorization by the authorizing dentist, to occur no more than forty-five days before treatment is administered, is required before any individual may receive sealants. Treatment cannot be authorized for an individual who is an active patient of another dentist. 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 40-15-85. (A) The term `direct supervision' means that the 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 dental auxiliary. Such a requirement does not mandate that the 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."

SECTION 2. This act takes effect upon approval by the Governor.

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