BIL: 4383

RTN: 288

ACN: 267

TYP: General Bill GB

INB: House

IND: 20000111

PSP: Quinn

SPO: Quinn, Gilham, Seithel

DDN: l:\council\bills\nbd\11602ac00.doc

CBN: 1135

DPB: 20000406

LAD: 20000309

GOV: S

DGA: 20000501

SUB: Dental treatments, persons not licensed as dentists may not perform certain acts; Patient records, Dentistry

HST:

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 20000308

Revised on 20000309

Revised on 20000309-A

Revised on 20000329

TXT:

(A267, R288, H4383)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4015135 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 401583, 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 4015135. (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 precertification 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 401583. (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.”

Time effective

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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