Current Status Bill Number:568 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970325 Primary Sponsor:Giese All Sponsors:Giese Drafted Document Number:psd\7188ac.97 Residing Body:Senate Current Committee:Medical Affairs Committee 13 SMA Subject:Dental treatments in operation of dental office, person not licensed as dentist prohibited from performing
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19970325 Introduced, read first time, 13 SMA referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-235 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.
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, 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 for 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 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) 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. This act takes effect upon approval by the Governor.