Current through Register Vol. 48, 12, December 27, 2024
A. Applicability.
This regulation applies to an organization or dental practice
utilizing a licensed dentist or dental hygienist to operate a mobile dental
facility or portable dental operation who:
(1) provides dental or dental hygiene
services; and
(2) does not have a
physically stationary office at the location where the services are
provided.
B. Exceptions.
(1) Federal, state, and local governmental
agencies as well as Federally Qualified Health Centers (FQHCs) are exempt from
the requirements of this regulation.
(2) Dentists licensed to practice in South
Carolina who have not registered with the Board to operate a mobile dental
facility or a portable dental operation may provide dental services through the
use of dental instruments, materials, and equipment taken out of a dental
office without registering if the service is provided as emergency treatment
for their patients of record.
C. Definitions.
As used in this regulation unless the context indicates
otherwise:
(1) "Mobile dental
facility" means any self-contained facility in which dentistry or dental
hygiene will be practiced, which may be moved, towed, or transported from one
location to another.
(2) "Portable
dental operation" means dental equipment utilized in the practice of dentistry
or dental hygiene that is transported to and utilized on a temporary basis at
an out-of-office location, including, but not limited to:
(a) other dentists' offices;
(e) other institutions or
locations.
(3)
"Operator" means the organization or dental practice engaged in providing
dental or dental hygiene services directly or through persons authorized by law
to provide the services.
(4)
"Organization or dental practice" means persons or entities that provide dental
or dental hygiene services to others.
D. Registration.
(1) In order to operate a mobile dental
facility or portable dental operation, the operator shall first register with
the Board.
(2) For registration
purposes, each mobile dental facility or portable dental operation must be
registered. Such registration may not be issued until the mobile dental
facility or portable dental operation has passed an inspection as provided in
this regulation.
(3) The applicant
shall complete an application in the form and manner required by the
Board.
(4) The Board may charge
fees as shown in South Carolina Code of Regulations Chapter 10-12 and on the
South Carolina Board of Dentistry website at
http://llr.sc.gov/POL/Dentistry.
(5) The applicant shall provide the Board
with evidence of compliance with the requirements of this regulation.
(6) The applicant shall submit proof of any
applicable radiographic equipment inspection with the application for
registration.
E.
Inspection.
(1) An initial inspection of each
mobile dental facility or portable dental operation shall be conducted by a
representative of the Department/Board at a time and place to be designated by
staff. Inspections may be scheduled throughout the year. Upon satisfactory
inspection, the registrant will be issued a sticker, with the current year
indicated, to be affixed to the mobile dental facility or portable dental
operation in a place designated by the Board.
(2) Mobile dental facilities shall be
inspected annually upon renewal of registration.
(3) Portable dental operations shall be
inspected upon initial registration. Thereafter, the registration may be
renewed annually without inspection, unless there has been a substantial
repair, replacement, or modification made that requires inspection in the
interest of patient safety before use on patients.
F. Official business or mailing address.
(1) The operator of a mobile dental facility
or portable dental operation shall maintain an official business address of
record, which shall not be a post office box and which shall be filed with the
Board. A mailing address, if different than the business address and used on an
official basis, shall be provided as well.
(2) The operator of a mobile dental facility
or portable dental operation shall maintain an official telephone number of
record, which shall be filed with the Board.
(3) The Board shall be notified within thirty
(30) days of any change in the address or telephone number of record.
(4) All written or printed documents
available from or issued by the mobile dental facility or portable dental
operation shall contain an official address and telephone number of record for
the mobile dental facility or portable dental operation.
(5) All dental and official records shall be
maintained and available for inspection and copying upon request by the
representatives of the Board.
G. Written procedures; communication
facilities; conformity with requirements.
The operator of a mobile dental facility or portable dental
operation shall ensure the following:
(1) There is a written procedure for
emergency or follow-up care for patients treated in the mobile dental facility
or portable dental operation and that such procedure includes prior
arrangements for emergency or follow-up treatment in a medical or dental
facility, as may be appropriate, that is located in the area where services are
being provided.
(2) The mobile
dental facility has communication devices to enable immediate contact with
appropriate persons in the event of a medical or dental emergency. The
communications devices must enable the patient or the parent or guardian of the
patient treated to contact the operator for emergency care, follow-up care, or
information about treatment received. The provider who renders follow-up care
must also be able to contact the operator and receive treatment information,
including radiographs.
(3) The
mobile dental facility complies with all applicable federal, state, and local
laws, regulations, and ordinances dealing with radiographic equipment,
flammability, construction, sanitation, zoning, infectious waste management,
universal precautions, OSHA guidelines, access by persons with disabilities as
required by state and federal law, and federal Centers for Disease Control
Guidelines, and the applicant possesses all applicable county and city licenses
or permits, including business licenses, to operate the unit at the location
where services are being provided.
(4) The mobile dental facility has carbon
monoxide detection devices installed and in proper working order.
(5) No services are performed on minors
without a signed consent form from the parent or guardian.
(6) During or at the conclusion of each
patient's visit to the mobile dental facility or portable dental operation, the
patient, or patient's parent or guardian if the patient is a minor, is provided
with an information sheet and that if the patient has provided consent to an
institutional facility to assist in the patient's dental health records, the
institution is provided with a copy of the information sheet. An institutional
facility includes, but is not limited to, a long term care facility or school,
and that the information sheet includes the following:
(a) pertinent contact information as provided
by this section;
(b) the name of
the dentist and other dental staff who provided services and their license
numbers, if applicable;
(c) a
description of the treatment rendered, including billed service codes and, in
the instance of fee for service patients, fees associated with treatment and
tooth numbers when appropriate;
(d)
a description of any dental needs either observed during a hygienist's
screening or diagnosed during a dentist's evaluation;
(e) a recommendation that the patient see
another dentist if the mobile dental facility or the portable dental operation
is unable to provide the follow-up treatment described in subitem
(d).
H.
Follow-up treatment services.
A mobile dental facility that accepts a patient and provides
preventive treatment, including prophylaxis, radiographs, and fluoride, but
does not follow-up with treatment or follow-up on referral for treatment when
such treatment is clearly indicated, is considered to be abandoning the
patient. Appropriate and accessible (within the patient's geographic area)
arrangements must be made for treatment services on a follow up basis.
Reasonable attempts to have follow up treatment in an instance where a patient
does not re-appear for treatment or does not meet a scheduled appointment is
not abandonment.
I.
Physical requirements for mobile dental facility.
The operator shall ensure that the mobile dental facility or
portable dental operation has the following:
(1) ready access to a ramp or lift if
services are provided to disabled persons;
(2) a properly functioning sterilization
system;
(3) ready access to an
adequate supply of potable water, including hot water;
(4) ready access to toilet
facilities;
(5) a covered
galvanized, stainless steel, or other noncorrosive container for deposit of
refuse and waste materials.
J. Identification of personnel; notification
of changes in written procedures; display of licenses.
(1) The operator shall identify and advise
the Board in writing within thirty (30) days of any personnel change relative
to all licensed dentists and licensed dental hygienists associated with the
mobile dental facility or portable dental operation by providing the full name,
address, telephone numbers, and license numbers where applicable.
(2) The operator shall advise the Board in
writing within thirty (30) days of any change in the written procedure for
emergency follow-up care for patients treated in the mobile dental facility,
including arrangements for treatment in a dental facility, which is permanently
established in the area. The permanent dental facility shall be identified in
the written procedure.
(3) Each
dentist and dental hygienist providing dental services in the mobile dental
facility or portable dental operation shall prominently display his or her
authorization to practice in this State in plain view of patients.
K. Identification of location of
services.
(1) Each operator of a mobile
dental facility or portable dental operation shall maintain a confidential
written or electronic record detailing for each location where services are
provided, including:
(a) the street address
of the service location;
(b) the
dates and times of each session;
(c) the number of patients served;
and
(d) the types of dental
services provided to each patient by name and quantity of each service
provided.
(2) The
confidential written or electronic record shall be made available to the Board
within ten (10) days of a request by the Board. Costs for such records shall be
borne by the mobile dental facility or portable dental operation.
L. Licensed dentist in charge.
A mobile dental facility or portable dental operation shall at
all times be in the charge of a dentist licensed to practice dentistry in this
State, who is responsible for services provided at the mobile dental facility
or portable dental operation.
M. Prohibited operations.
The operator of a mobile dental facility or portable dental
operation is prohibited from hiring, employing, allowing to be employed, or
permitting to work in or about a mobile dental facility or portable dental
operation, any person who performs or practices any occupation or profession
regulated under Title 40 who is not duly authorized in accordance with state
law.
N. Information for
patients.
(1) During or at the conclusion of
each patient's visit to the mobile dental facility or portable dental
operation, the patient shall be provided with an information sheet. If the
patient has provided consent to an institutional facility to access the
patient's dental health records, the institution shall also be provided with a
copy of the information sheet. An institutional facility includes, but is not
limited to, a long term care facility or school.
(2) An information sheet shall include the
following:
(a) pertinent contact information
as required by this regulation;
(b)
the name of the dentist and other dental staff who provided services and their
license numbers, if applicable;
(c)
a description of the treatment rendered, including billed service codes and, in
the instance of fee for service patients, fees associated with treatment, and
tooth numbers when appropriate;
(d)
a description of any dental needs either observed during a dental hygienist's
screening or diagnosed during a dentist's evaluation;
(e) if necessary, referral information to
another dentist.
O. Cessation of operations.
(1) Upon cessation of operation by the mobile
dental facility or portable dental operation, the operator shall notify the
Board within thirty (30) days of the last day of operations in writing of the
final disposition of patient records and charts.
(2) If the mobile dental facility or portable
dental operation is sold, a new registration application must be filed with the
Board.
(3) Upon choosing to
discontinue practice or services in a community, the operator of a mobile
dental facility or portable dental operation shall:
(a) notify all of the operator's active
patients in writing, or by publication once a week for three (3) consecutive
weeks in a newspaper of general circulation in the community, that the operator
intends to discontinue the mobile dental facility's or portable dental
operation's practice in the community; and
(b) encourage the patients to seek the
services of another dentist.
(4) The operator shall make reasonable
arrangements with the active patients of the mobile dental facility or portable
dental operation for the transfer of the patient's records, including
radiographs or copies thereof, to the succeeding practitioner or, at the
written request of the patient, to the patient.
(5) As used in this section, "active patient"
applies and refers to a person whom the mobile dental facility or portable
dental operation has examined, treated, cared for, or otherwise consulted with
during the two (2) year period prior to discontinuation of practice, or moving
from or leaving the community.
P. Renewal of registration.
(1) The registration of mobile dental
facilities and portable dental operations shall be renewed in accordance with a
schedule set by the Department of Labor, Licensing and Regulation and the forms
approved by the Board on the dates in the form and manner provided by the
Board.
(2) The registrant shall pay
the registration renewal fee in an amount set by the Department of Labor,
Licensing and Regulation.
Q. Failure to comply.
Failure to comply with state statutes or regulations regulating
the practice of dentistry, dental hygiene, and the operation of mobile dental
facilities or portable dental operations may subject the operator and all
practitioners providing services through a mobile dental facility or portable
dental operation to disciplinary action.