(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.
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.