A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-15-120, RELATING TO ACTIONS DEEMED UNLAWFUL CONCERNING THE PRACTICE OF DENTISTRY, PRACTICE OF DENTAL HYGIENE, OR PERFORMANCE OF DENTAL TECHNOLOGICAL WORK, SO AS TO PROVIDE THAT DENTAL INSURANCE POLICY WRITERS, AMONG OTHERS, MAY NOT OWN OR OTHERWISE PARTICIPATE IN THE BUSINESS OPERATIONS OF CERTAIN ENTITiES THAT ENGAGE IN THE PRACTICE OF DENTISTRY, PRACTICE OF DENTAL HYGIENE, OR PERFORMANCE OF DENTAL TECHNOLOGICAL WORK, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 40-15-120 of the S.C. 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) It is unlawful for a corporation or other business entity that is a dental insurance policy writer, underwriter, reinsurer, or other related entity that provides third-party payment or reimbursement of dental services, as determined by the board, to own or otherwise participate in the business operations of any office, clinic, practice, professional corporation, professional association, partnership, or any other entity that engages in the practice of dentistry, the practice of dental hygiene, or the performance of dental technological work as defined in this chapter or regulations promulgated pursuant to this chapter.

    (B)(C) A person or other entity that violatesviolating subsection (A) or subsection (B) 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.

 

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

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