(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.
Structure 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.
Section 40-15-20. Membership of board; appointment, terms, elections, vacancies, and removal.
Section 40-15-30. Meetings of Board; officers; quorum; minutes.
Section 40-15-60. Immunity of board members, officers, and employees for official acts; seal.
Section 40-15-70. "Practice of dentistry" defined.
Section 40-15-80. Practicing dental hygiene.
Section 40-15-82. Procedures prohibited from delegation to dental hygienists.
Section 40-15-83. Patient recordkeeping requirements; penalty.
Section 40-15-85. Definitions.
Section 40-15-90. "Dental technological work" defined.
Section 40-15-95. "Orthodontic technological work" defined.
Section 40-15-100. Unlawful to practice dentistry without license.
Section 40-15-105. Administration of certain anesthetic by dental hygienist or dental assistant.
Section 40-15-110. Exemptions from chapter.
Section 40-15-135. Certain dental services to be performed only by licensed dentist.
Section 40-15-150. Filing false affidavit or diploma; misrepresentation or concealment.
Section 40-15-170. Reregistration; effect of foreign revocations.
Section 40-15-175. Restricted instructor's licenses; limitations; renewal and revocation.
Section 40-15-176. Restricted dental auxiliary instructor's licenses.
Section 40-15-177. Restricted volunteer license for certain dentists and dental hygienists.
Section 40-15-185. Administration of oaths; subpoena power.
Section 40-15-190. Grounds for discipline of dentist, dental hygienist, or dental technician.
Section 40-15-200. Disciplinary action by board; judicial review.
Section 40-15-210. Appeal from suspension or revocation.
Section 40-15-220. License to practice specialty.
Section 40-15-240. Application for license to practice specialty.
Section 40-15-250. Examinations for licensing as specialists.
Section 40-15-260. Issuance, recording, and reregistration of license to practice speciality.
Section 40-15-265. Intern or resident authorized to provide treatment under supervision.
Section 40-15-270. Reciprocity for dentists and dental hygienists licensed in other states.
Section 40-15-275. License by credentials; requirements.
Section 40-15-280. "Prescription" defined; form and contents of prescription.
Section 40-15-310. Subwork authorizations for subcontractors.
Section 40-15-360. Pharmacists permitted to fill prescriptions of licensed dentists.
Section 40-15-370. Injunctions; Office of Attorney General as representative of board.
Section 40-15-380. Jurisdiction of Administrative Law Court to enjoin violators of chapter.
Section 40-15-400. Permits; applications; fees.
Section 40-15-410. Requirements for sedation permit.
Section 40-15-430. Presence of trained personnel required; recovery and discharge.