reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-330. Contracts between schools and students.

The owner, or an owner's designee, of a school shall enter into a board-approved written contract with each student before permitting the student to attend classes. The original contract must be retained by the school and a copy given to the student. The contract shall contain certification that the student is at least sixteen years of age or will have attained that age before completing the course of instruction and that the student possesses at least a tenth grade education, as certified by the school last attended, or the equivalent as established by tests used in public schools or approved by the board.
HISTORY: 1998 Act No. 427, Section 1.
Editor's Note
Prior Laws:1953 (48) 432; 1962 Code Section 56-472.3; 1966 (54) 2410; 1982 Act No. 388; 1976 Code Section 40-13-200.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-340. Licensing of schools; submission of floor plan and student contract form; bond required; actions for breach of contract.

(A) A person, firm, corporation, or association may apply to the board for licensing of a school by submitting an application on a form prescribed by the board and paying the initial license fee. An applicant at the time of application shall submit a detailed floor plan and a true copy of the applicant's board-approved form for student contracts and enrollment. An applicant also shall furnish a bond to the board issued by a licensed bonding company doing business in this State. The bond must be in the sum of ten thousand dollars and must be conditioned upon the faithful performance of the terms and conditions of all contracts entered into between the owner or manager of the school and all persons enrolling in the school. Suit on the bond may be brought by any student injured by the breach of any of the conditions of the contract between the student and the owner or manager of the school.
(B) A licensed school shall comply with the provisions of this chapter applicable to the school and with regulations promulgated pursuant to this chapter.
(C) No license for a school may be issued unless the owner presents evidence satisfactory to the board that the owner has adequate school facilities and equipment and that each instructor holds a valid instructor's license.
HISTORY: 1998 Act No. 427, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-350. Sanitary regulations; copies to school owners and managers; posting in salons and schools.

A copy of sanitary regulations adopted by the board must be furnished by the board to the owner or manager of each salon or school in the State, and the copy must be posted in a conspicuous place in each salon and school.
HISTORY: 1998 Act No. 427, Section 1.
Editor's Note
Prior Laws:1934 (38) 1349; 1942 Code Section 5250-22; 1948 (45) 2079; 1952 Code Section 56-473; 1962 Code Section 56-473; 1982 Act No. 388; 1976 Code Section 40-13-230.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-360. Exemptions from chapter.

The following are exempt from this chapter while engaged in the proper discharge of their professional duties:
(1) a manufacturer's representative or sales person who demonstrates a product or technique for a promotional purpose;
(2) an educational activity conducted in connection with a monthly, annual, or other special program from which the general public is excluded, provided this exemption applies only to the specific days of the special program;
(3) a demonstration conducted by a manufacturer or a wholesaler for the purpose of exhibiting the technical application and use of a product; and
(4) an unlicensed person employed in a cosmetology salon whose duties are expressly confined to shampooing hair under the direct supervision of a cosmetologist.
HISTORY: 1998 Act No. 427, Section 1; 2008 Act No. 224, Section 1.
Editor's Note
Prior Laws:1982 Act No. 388; 1976 Code Section 40-13-270.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-370. Severability.

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect with the invalid provision or application, and to this end the provisions of this chapter are severable.
HISTORY: 1998 Act No. 427, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-10. State Board of Dentistry created.

The practice of dentistry and dental hygiene and the performance of dental technological work, as hereinafter defined, shall be under the supervision of a board to be known as the South Carolina State Board of Dentistry. The term "board" as used in this chapter shall mean the South Carolina State Board of Dentistry unless otherwise specified.
HISTORY: 1962 Code Section 56-636.1; 1968 (55) 2502.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-30. Meetings of Board; officers; quorum; minutes.

The board shall hold at least one annual meeting, which shall be held between the fifteenth day of May and the fifteenth day of July each year. Each year the board shall elect a president and a vice-president from its membership and a secretary who shall not be required to be a dentist. The terms of such offices shall be for one year and until their successors are elected. Special meetings of the board may be called by the president or any three members of the board, at any time, upon giving five days written notice to the members thereof. Written notice may be waived by unanimous consent by the members. A majority of the board shall constitute a quorum for the transaction of all business coming before the board and all proceedings of the board shall be recorded in a permanently bound minute book.
HISTORY: 1962 Code Section 56-636.3; 1952 Code Section 56-514; 1942 Code Section 5197; 1932 Code Section 5197; 1922 (32) 844; 1964 (53) 2145; 1968 (55) 2502.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-40. Rules and regulations of board; committees; employees; expenses; examinations; records.

The board shall adopt rules and regulations not inconsistent with this chapter for its own organization and for the practice of dentistry and dental hygiene and the performance of dental technological work in this State, and for carrying out the provisions of this chapter, and may amend, modify and repeal any rules and regulations from time to time. The Director of the Department of Labor, Licensing, and Regulation, pursuant to Section 40-73-15, shall appoint such committees, special examiners, agents and employees as he may deem necessary or proper to carry out the provisions of this chapter, the expense thereof to be charged and paid as other expenditures of the board. The board shall hold at least one examination in each year for persons who desire to become licensed dentists or dental hygienists or registered dental technicians. A secretary shall keep a full record of all proceedings of the board, and a complete registry of all licensed dentists, licensed dental hygienists and registered dental technicians. A transcript of any entry in such record or registry certified by the secretary shall be competent evidence.
HISTORY: 1962 Code Section 56-636.4; 1968 (55) 2502; 1993 Act No. 181, Section 880.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-50. Bond and salary of Executive Director; per diem and mileage for board members; disposition of monies received by board; transfer of excess funds.

The executive director must be bonded in an amount as the Director of the Department of Labor, Licensing, and Regulation may fix for the faithful discharge of his duties as custodian of the monies paid to the board. He shall receive the salary as appropriated by the Director of the Department of Labor, Licensing, and Regulation. Each of the board members shall receive for each day actually engaged in the duties of his office per diem, mileage, and subsistence at the rate established by law for boards, commissions, and committees. All fees received by the board become the property of the state general fund and must be deposited to the account of the State Treasurer. The expenditures of the board must be from state appropriations. All fines must be deposited into a special account to be held by the State Treasurer for the purpose of the payment of administrative costs upon the approval of the Department of Administration. At any time the balance in the special account exceeds twenty thousand dollars, all funds in excess of that amount must be remitted to the general fund.
HISTORY: 1962 Code Section 56-636.5; 1952 Code Sections 56-515, 56-517, 56-520, 56-521, 56-523; 1942 Code Sections 5197, 5215, 5216, 5217; 1932 Code Sections 5197, 5215, 5216, 5217; 1922 (32) 844; 1936 (39) 1364; 1938 (40) 1555; 1943 (43) 208; 1946 (44) 1553; 1951 (47) 506; 1956 (49) 1841; 1968 (55) 2502; 1987 Act No. 170, Part II, Section 26; 1993 Act No. 181, Section 881.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-60. Immunity of board members, officers, and employees for official acts; seal.

No member of the board, or its director, its committees, special examiners, agents, and employees shall be held liable for acts performed in the course of official duties except where actual malice is shown. The board shall have a seal and the impression thereof shall be attached to official documents as requested and approved.
HISTORY: 1962 Code Section 56-636.6; 1952 Code Sections 56-518, 56-522; 1942 Code Sections 5195, 5213; 1932 Code Sections 5195, 5213; 1922 (32) 844; 1968 (55) 2502; 1982 Act No. 432, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-70. "Practice of dentistry" defined.

A person is practicing dentistry who:
(1) uses the word "dentist", "dental surgeon", or the letters "D.D.S.", "D.M.D.", or other letters or titles in connection with his name which in any way represents him as engaging in the practice of dentistry or in the administration of any dental health program; or
(2) for a fee or other consideration:
(a) shall profess or indicate in any manner that he can or will attempt to perform dental procedures in the oral cavity and associated adjacent structures; or
(b) shall diagnose or treat or profess to diagnose or treat any diseases or lesions or conditions of the oral cavity and associated adjacent structures; or
(c) shall extract teeth, correct malpositions of the teeth or jaws, or take impressions, or construct, supply, repair, reline, or duplicate artificial teeth as substitutes for natural teeth, or adjust such substitutes, or do any practice included in the curricula of dental colleges accredited by the Commission on Dental Accreditation, or administer or prescribe drugs or therapy utilized in the treatment of dental or oral diseases, or shall use X ray for dental treatment or dental diagnostic purposes, or shall administer anesthetics, local or general, for dental procedures; or
(d) shall teach or profess to teach any phase of dental practice or related procedures.
HISTORY: 1962 Code Section 56-636.7; 1952 Code Section 56-532; 1942 Code Section 5194; 1932 Code Section 5194; 1922 (32) 844; 1968 (55) 2502; 1986 Act No. 363, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-80. Practicing dental hygiene.

(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 human teeth, root planing, performing clinical examination of teeth and surrounding tissues, and charting of oral conditions for diagnosis by a dentist, and performing such other procedures as may be delegated by regulations of the board.
(B) In school settings, licensed dental hygienists may 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 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 bona fide 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) 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.
HISTORY: 1962 Code Section 56-636.8; 1952 Code Section 56-553; 1942 Code Section 5200; 1932 Code Section 5200; 1922 (32) 844; 1968 (55) 2502; 1988 Act No. 439, Section 3; 1995 Act No. 106, Section 1; 1995 Act No. 110, Section 1; 2000 Act No. 298, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-82. Procedures prohibited from delegation to dental hygienists.

The following functions and procedures must not be delegated to dental hygienists:
(1) dental examinations, dental diagnoses, and dental treatment planning;
(2) cutting or performing surgical procedures on hard and soft tissues;
(3) performing restorative, prosthetic, and orthodontic procedures and other procedures that require professional education and skill of the dentist;
(4) performing any intra-oral procedure that would affect the function or efficiency of an appliance which, when worn by the patient, would come in direct contact with hard or soft tissue;
(5) placing and carving permanent type restorations in or on teeth;
(6) making impressions and jaw relation records, other than study casts and opposing casts, that will be issued for construction of dental appliances, other than bleaching trays;
(7) making any and all corrections of malformation of teeth or the jaws;
(8) making decisions concerning drugs and their dosages and writing prescriptions or work authorizations, except pursuant to standing orders;
(9) administering general anesthesia or nitrous oxide analgesia;
(10) administering local anesthesia other than under direct supervision.
HISTORY: 2003 Act No. 45, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-83. Patient recordkeeping requirements; penalty.

(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.
HISTORY: 2000 Act No. 267, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-90. "Dental technological work" defined.

The term "dental technological work" as used in this chapter is hereby defined as the extra-oral procedures of constructing, making, altering or repairing, relining or duplicating of dental prosthetic or orthodontic appliances. The persons performing dental technological work, other than dentists, shall be referred to as dental technicians.
HISTORY: 1962 Code Section 56-636.9; 1952 Code Section 56-622; 1946 (44) 2569; 1968 (55) 2502.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-95. "Orthodontic technological work" defined.

The term "orthodontic technological work" as used in this chapter is hereby defined as the extra-oral procedures of constructing, making, altering, repairing, or duplicating of orthodontic appliances. The persons performing orthodontic technological work, other than dentists, shall be referred to as orthodontic technicians. For the purposes of this chapter references to dental technicians or dental technological work include orthodontic technicians and orthodontic technological work unless specific reference is made to orthodontic technicians or orthodontic technological work.
HISTORY: 1986 Act No. 363, Section 3.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-100. Unlawful to practice dentistry without license.

It shall be unlawful for any person to engage in the practice of dentistry in this State without a license from the board, except as otherwise provided in this chapter.
HISTORY: 1962 Code Section 56-636.10; 1952 Code Section 56-531; 1942 Code Section 5193; 1932 Code Section 5193; 1922 (32) 844; 1968 (55) 2502.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-102. "Authorized" defined; general supervision restrictions; billing for services of hygienists.

(A) "Authorized" means the supervising dentist in a private office setting has personally approved the procedures to be performed and is responsible for the care provided to the patient.
(B) In a private dental office setting, a dental hygienist may only perform the following functions under general supervision:
(1) oral prophylaxis and assessment;
(2) fluoride treatment;
(3) oral hygiene instruction and education;
(4) exposure and process of radiographs as directed by standard office protocol.
(C) A dentist in a private office setting may authorize general supervision only upon meeting the following criteria:
(1) a new patient of record must be clinically examined by the authorizing dentist during the initial visit;
(2) an appointed patient must be examined by the authorizing dentist at a minimum of twelve-month intervals.
(3) an appointed patient must be notified in advance of the appointment that he or she will be treated by the dental hygienist under general supervision without the authorizing dentist being present or being examined by the authorizing dentist.
(D) A dentist authorizing treatment by a dental hygienist in school settings or nursing home settings is subject to the general supervision restrictions provided for in this section unless the dentist or dental hygienist is working in a public health setting with the Department of Health and Environmental Control, as provided for in Section 40-15-110.
(E) A dentist billing for services for treatment provided by a dental hygienist in a public health setting with the Department of Health and Environmental Control as provided for in Section 40-15-110, is the provider of services and is clinically responsible for the care and treatment of the patient.
HISTORY: 2003 Act No. 45, Section 3.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-105. Administration of certain anesthetic by dental hygienist or dental assistant.

Upon certification, as provided by the board in regulation, and when under direct supervision of a licensed dentist, a dental hygienist or an expanded duty dental assistant is authorized to monitor nitrous oxide inhalation conscious sedation (dental analgesia).
HISTORY: 1995 Act No. 109, Section 1; 2001 Act No. 11, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-120. Penalties for practice of dentistry or dental hygiene without license and for performance of dental or orthodontic technological work by unregistered person.

(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) A person violating subsection (A) 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.
HISTORY: 1962 Code Section 56-636.12; 1952 Code Sections 56-533, 56-621, 56-634; 1942 Code Section 5212; 1932 Code Section 5212; 1922 (32) 844; 1946 (44) 2569; 1968 (55) 2502; 1986 Act No. 363, Section 5; 1996 Act No. 29.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-125. Dental laboratory filling prescription originating in State as performing dental technology work in State; requirements; information to be provided to dentist.

A dental laboratory is considered to perform dental technological work in this State if the work product is prepared pursuant to a written prescription originating in this State, and in order for a dental laboratory to perform dental technological work that originated in this State:
(1) the laboratory work must be authorized by a person employed in that laboratory who is registered with the State Board of Dentistry pursuant to Sections 40-15-120, 40-15-240, and 40-15-170;
(2) the dental technological work must be based on a prescription issued by a dentist licensed and practicing in this State; and
(3) the laboratory shall return to the dentist who issued the prescription certification of:
(a) the country of origin where the dental technological work was performed, in whole or in part;
(b) a list of all materials, including the percentage of each ingredient used in the fabrication of the dental device; and
(c) the name, address, and certificate number of the person or organization authorized to manufacture the dental device.
HISTORY: 2008 Act No. 295, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-130. Advertisement of services; display of name and licensed area of practice; practice under trade names.

Dentists may advertise their services so long as these public communications are not false, deceptive, or misleading and do not attempt to create any impression, unsupported by fact, of superior skills or qualifications of those who practice thereunder. Licensed dental specialists may announce their specialization and may advertise their services so long as the public communications are not false, deceptive, or misleading.
Every dentist practicing dentistry under a trade name and every dentist practicing as an employee of another licensed dentist or a partnership or of a professional association shall cause his name and licensed area of practice to be conspicuously displayed and kept so displayed in a conspicuous place at the entrance of the place where the practice is conducted.
Dentists may practice or continue to practice under trade names so long as the names are not false, deceptive, or misleading and do not attempt to create any impression of superior skills or qualifications of those who practice thereunder.
HISTORY: 1962 Code Section 56-636.13; 1952 Code Section 56-570; 1942 Code Section 5209; 1932 Code Section 5209; 1922 (32) 844; 1968 (55) 2502; 1986 Act No. 363, Section 6.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-135. Certain dental services to be performed only by licensed dentist.

(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.
HISTORY: 2000 Act No. 267, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-145. Continuing education for dentists on the prescription of Schedule II, III, and IV controlled substances.

As part of the biennial continuing education required by the board or pursuant to law, including Regulation 39-5, South Carolina Code of State Regulations, a dentist authorized pursuant to state and federal law to prescribe controlled substances shall complete at least two hours of continuing education every two years related to approved procedures of prescribing and monitoring controlled substances listed in Schedules II, III, and IV of the schedules provided for in Sections 44-53-210, 44-53-230, and 44-53-250.
HISTORY: 2017 Act No. 91 (H.3824), Section 5, eff May 19, 2017.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-150. Filing false affidavit or diploma; misrepresentation or concealment.

Any person who, in order to influence action by the board:
(a) knowingly files a false or forged affidavit with the board;
(b) files as his own a diploma or license issued to another; or
(c) in any manner misrepresents or conceals his true name or former place of residence 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.
HISTORY: 1962 Code Section 56-636.15; 1952 Code Section 56-569; 1942 Code Section 5208; 1932 Code Section 5208; 1922 (32) 844; 1968 (55) 2502; 1996 Act No. 295, Section 3.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-170. Reregistration; effect of foreign revocations.

The secretary of the board shall on or about the fifteenth day of October of each year send a reregistration application to the last address furnished the board of each person licensed or registered by the board. The failure to receive the application does not excuse a failure to reregister, as required by this chapter. An annual registration fee, to be set by the board, shall cover fully all costs and is payable by each licensed dentist and dental hygienist and each registered dental technician not later than the thirty-first of December. In setting the license fees for the year 1987-88, the board must set the license fees for each classification so that in the aggregate the revenues generated from all license fees for the year will equal one hundred fifteen percent of its total expenditures during the previous year. If reregistration is not completed by the thirty-first of December, the fee must be doubled. If the licensee or dental technician fails to reregister by the thirty-first of January of the following year, the secretary of the board shall notify the licensee or dental technician by registered mail at his last known address that failure to reregister by the first of March will result in the license or registration expiring as of the first of March. After the thirty-first of January, an additional five dollar penalty is added each day until the reregistration fee is paid. Any expired license may be reinstated or any dental technician may be reregistered by taking the licensure or dental technician examination or appearing in person before the board with a satisfactory explanation for the failure to reregister. An orthodontic technician may be reregistered by submitting a completed application or appearing in person before the board with a satisfactory explanation for the failure to reregister. It is the responsibility of each licensee or dental technician to keep the office of the secretary notified of his current mailing address.
If an individual's license to practice dentistry or dental hygiene is revoked by another state for cause this shall, in the discretion of the board, constitute grounds for revocation of his South Carolina license. The license of a dentist or dental hygienist who does not either reside or practice in South Carolina for a period of six successive years is considered inactive. The time spent in active service by any person in the armed forces or public health service of the United States or with the Veterans' Administration is not construed as absence from or failure to practice in the State. Relicensing after an absence of over six years may be made at the discretion of the board upon proof of high professional fitness and moral character.
HISTORY: 1962 Code Section 56-636.17; 1952 Code Section 56-568; 1942 Code Section 5205; 1932 Code Section 5205; 1922 (32) 844; 1966 (54) 2672; 1968 (55) 2502; 1986 Act No. 363, Section 8; 1990 Act No. 482, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-176. Restricted dental auxiliary instructor's licenses.

(A) The State Board of Dentistry may issue a restricted dental auxiliary instructor's license to a dentist who:
(1) holds a valid license in another state;
(2) has not been refused a license or had a license revoked in this State, another state or territory of the United States, or the District of Columbia;
(3) passes an examination on jurisprudence as prescribed by the board; and
(4) is teaching dental medicine in South Carolina full-time at a Commission on Dental Accreditation (CODA) accredited dental auxiliary program at a technical college in this State.
(B) A dentist with a restricted dental auxiliary instructor's license is authorized to practice at or on behalf of a CODA-accredited technical college. The holder of a restricted dental auxiliary instructor's license may practice general dentistry or in his or her area of specialty, but only in a clinic or office affiliated with a dental auxiliary program of a technical college. A restricted dental auxiliary instructor's license issued to a faculty member under this section terminates immediately and automatically, without any further action by the board, if the holder ceases to be a faculty member at a dental auxiliary program of a technical college.
(C) A restricted dental auxiliary instructor's license must be renewed biennially in accordance with procedures and fees as established by the board in regulation.
(D) A dentist holding a restricted dental auxiliary instructor's license issued pursuant to this section is subject to the provisions of this chapter and regulations promulgated pursuant to this chapter unless otherwise provided for in this section. The board may revoke a restricted dental auxiliary instructor's license for a violation of this chapter or regulations promulgated pursuant to this chapter or if the holder fails to supply the board, within ten days of its request, with information as to his or her current status and activities in the teaching program.
HISTORY: 2016 Act No. 211 (S.1036), Section 1, eff June 3, 2016.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-177. Restricted volunteer license for certain dentists and dental hygienists.

(A) The State Board of Dentistry may issue a restricted volunteer license to a dentist or dental hygienist who:
(1) has held the corresponding license in another state as a licensee in good standing;
(2) has passed an examination as prescribed by the board;
(3) has not failed the state's corresponding clinical examination within the past five years;
(4) must have at least five years of clinical practice in the field for which they are seeking the license.
(B) A person holding a restricted volunteer license under this section:
(1) must only practice in clinics prescribed by the board in regulation;
(2) only treat patients who have no insurance or who are not eligible for financial assistance for dental treatment;
(3) may not receive remuneration directly or indirectly for providing dental or dental hygiene services.
(C) A dentist with a restricted volunteer license issued under this section only may practice dentistry and perform dental procedures if:
(1) a dentist with an unrestricted license is available on the premises; or
(2) the dentist reviews every thirty days with a local licensed dentist in good standing the cases of all patients treated during the thirty-day period.
(D) A dental hygienist only may practice dental hygiene pursuant to this chapter and regulations promulgated under this chapter for dental hygienists and only under the direct supervision of a licensed dentist.
(E) A license issued under this section must be renewed annually in accordance with continuing education requirements and procedures as may be established by the board in regulation.
(F) A dentist or dental hygienist holding a restricted volunteer license issued pursuant to this section is subject to the provisions of this chapter and regulations promulgated under this chapter unless otherwise provided for in this section.
HISTORY: 1994 Act No. 507, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-180. Complaint to board against dentist, dental hygienist, or dental technician; investigation; accusation; notice; hearing; confidentiality of proceedings; privileged communications.

(1) The board shall receive complaints by any person against a licensed dentist or dental hygienist, or against a registered dental technician, and shall require the same to be submitted to it in the form of an affidavit. Upon receipt of a complaint, the director, or such other person as the president may designate, shall investigate the allegations of the complaint and make a report to the board concerning his investigation. If the board shall then desire to proceed further it may, in its discretion, file a formal accusation charging the dentist, dental hygienist, or dental technician with a violation of a provision of this chapter. The accusation shall be signed by the president or vice-president on behalf of the board. When the accusation is filed, and the board shall set a date for a hearing thereon, the director of the board shall notify the accused in writing, not less than thirty days prior to the hearing date, of the date fixed for the hearing and a true copy of the accusation shall be attached to the notice. The accused may appear and show cause why his license should not be suspended or revoked. The accused shall have the right to be confronted with and to cross-examine the witnesses against him and shall have the right to counsel. In instances where a board member has made the initial investigation of a complaint, he shall not sit with the board at the hearing of such complaint.
(2) Such notice shall be sent to the accused by registered mail, return receipt requested, directed to his last mailing address furnished the board. The post office registration receipt signed by the accused, his agent, or a responsible member of his household or office staff, or, if not accepted by the person to whom addressed, the postal authorities' stamp thereon showing the same "Refused", shall be prima facie evidence of service of such notice.
(3) All investigations and proceedings undertaken under the provisions of this chapter shall be confidential.
(4) Every communication, whether oral or written, made by or on behalf of any complainant to the board or its agents, or any hearing panel or member thereon, pursuant to this act whether by way of complaint or testimony, shall be privileged, and no action or proceeding, civil or criminal, shall lie against any such person, firm, or corporation by or on whose behalf such communication shall have been made, by reason thereof.
HISTORY: 1962 Code Section 56-636.18; 1952 Code Sections 56-519, 56-575, 56-576, 56-633; 1942 Code Sections 5195, 5211; 1932 Code Sections 5195, 5211; 1922 (32) 844; 1946 (44) 2569; 1968 (55) 2502; 1982 Act No. 432, Section 3.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-185. Administration of oaths; subpoena power.

For the purpose of any investigation or proceeding under the provisions of this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any documents or records which the board deems relevant to the inquiry. In the case of contumacy by or the refusal to obey a subpoena issued to any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, upon application of the board, may issue an order requiring the person to appear before the board or the person designated by it and produce documentary evidence and give other evidence concerning the matter under inquiry.
HISTORY: 1982 Act No. 432, Section 5; 1993 Act No. 181, Section 882.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-200. Disciplinary action by board; judicial review.

If the board is satisfied that the dentist, dental hygienist, or dental technician is guilty of an offense charged in the formal accusation provided for in this chapter, it may revoke or suspend the license or the registration certificate, reprimand the dentist, dental hygienist, or dental technician publicly or privately, or take other reasonable action short of revocation or suspension including, but not limited to, probation or requiring the person to undertake additional professional training subject to the direction and approval of the board, psychiatric evaluations, controlled substance restrictions, institutional practice under supervision, and other actions considered appropriate by the board. In addition to or instead of actions taken by the board affecting the license of a licensee or the registration certificate of a registrant, when it is established that the licensee or registrant has violated this chapter or any regulation promulgated by the board, the board may require the licensee or registrant to pay a civil penalty of up to ten thousand dollars and the costs of the disciplinary action. All penalties must be remitted to the general fund.
Any decision by the board to revoke, suspend, or otherwise restrict or limit a license or registration certificate or otherwise discipline a licensee or holder of a registration certificate must be by majority vote of the members of the board eligible to participate and is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 upon petition filed by the licensee or holder of a registration certificate with the court and a copy thereof served upon the director of the board within thirty days from the date of delivery of the board's decision to the licensee or holder of the registration certificate. The review is governed by Chapter 23 of Title 1.
HISTORY: 1962 Code Section 56-636.20; 1952 Code Section 56-577; 1942 Code Section 5211; 1932 Code Section 5211; 1922 (32) 844; 1968 (55) 2502; 1982 Act No. 432, Section 4; 1986 Act No. 363, Section 10; 1993 Act No. 181, Section 883; 1996 Act No. 295, Section 5.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-210. Appeal from suspension or revocation.

The person whose license or registration certificate has been suspended or revoked may, within thirty days, appeal from the action of the board in suspending or revoking the same to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1. The board shall certify to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for its consideration a record of the hearing before the board.
HISTORY: 1962 Code Section 56-636.21; 1968 (55) 2502; 1974 (58) 2626; 1986 Act No. 363, Section 11; 1993 Act No. 181, Section 884.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-212. Unlawful dentistry, dental hygiene, or dental technological work; aiding and abetting; penalties.

A person who practices dentistry or dental hygiene or performs dental technological work, in violation of this chapter or who aids or abets a person in violating this chapter, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than two years, or both. Each day a violation occurs constitutes a separate offense.
HISTORY: 1996 Act No. 295, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-215. Publication of final orders of board; public record of limitation or surrender of license; confidentiality of other information.

Any final order of the board finding that a dentist, dental hygienist, or dental technician is guilty of any offense charged in a formal accusation is public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order or unless stayed by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 or the board. Any final order which is made public may be mailed to local and state dental associations and all hospitals in which the respondent has staff privileges, to states where the dentist, dental hygienist, or dental technician has a license or certificate as known to the board, or to any other agency the board considers appropriate. If a license or certificate is voluntarily limited or surrendered by the holder, a public record of the existence and duration of the limitation or surrender must be maintained by the board, and no further distribution of the information may be made. All information, investigations, and proceedings concerning the circumstances underlying an action by the holder of the license or certificate is privileged and confidential.
HISTORY: 1986 Act No. 363, Section 12; 1993 Act No. 181, Section 885.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-220. License to practice specialty.

A special license shall be required for the practice of each special area of dentistry recognized by the American Dental Association, in order for a dentist to hold himself out to the public as limiting his practice to, being a specialist in, or giving special attention to any special area of dentistry. No dentist shall announce or hold himself out to the public as limiting his practice to, or as being a specialist in or giving special attention to, any special area of dentistry without first having obtained a special license therefor from the board as herein provided. The volume of business performed in any limited area of dentistry and the restriction of a licensed dentist's activity to any one or more limited areas of dentistry shall not in themselves constitute a holding out to the public that the dentist is a specialist.
HISTORY: 1962 Code Section 56-636.22; 1952 Code Section 56-601; 1945 (44) 363; 1968 (55) 2502.