S 453

South Carolina General Assembly
126th Session, 2025-2026
Bill 453
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Indicates Matter Stricken
Indicates New Matter
Committee Report
May 5, 2026
S. 453
Introduced
by Senator Verdin
S. Printed 5/5/26--H.  [SEC
5/6/2026 12:27 PM]
Read the first time February 18, 2026
________
The committee on House Medical,
Military, Public and Municipal Affairs
To whom was referred a Bill (S. 453) to amend
the South Carolina Code of Laws by adding Article 5 to Title 40, Chapter 15, so
as to provide guidelines for the practice of teledentistry in this state, etc.,
respectfully
Report:
That they have duly and carefully considered
the same, and recommend that the same do pass:
S.H. DAVIS for Committee.
statement of estimated fiscal impact
Explanation of Fiscal Impact
State Expenditure
This bill establishes guidelines and
restrictions for the practice of teledentistry and requires the Board of
Dentistry to adopt regulations governing the provision of dental services
through teledentistry. The bill defines teledentistry and other terms related
to the practice and the standard of care required for teledentistry. The bill
requires licensees to establish a bona fide relationship with a patient before
providing teledentistry services, including appropriate in-person physical
examinations. The bill further establishes requirements for licensees
practicing teledentistry related to the confirmation and verification of a
patient's identity, furnishment of identifying information related to the
licensee's practice to a teledentistry patient, the provision of informed
consent of teledentistry services, and limitations on the advertisement of
teledentistry services. The bill limits tasks that may be delegated by a
dentist to auxiliaries in the practice of teledentistry, and restricts
licensees practicing teledentistry from requiring a patient to enter into an
agreement that restricts the ability of the patient to submit a complaint to
the board, file a lawsuit, join a class action lawsuit, or otherwise limit or
prohibit the patient from obtaining relief for deficiencies in the treatment or
services they have received.  The provisions of this bill govern if found to be
in conflict with Title 40 of Chapter 42, the Telehealth and Telemedicine
Modernization Act, and the bill takes effect upon approval by the Governor.
LLR indicates that the provisions of this
bill do not materially alter the responsibilities of the agency or the Board of
Dentistry, and any expenses resulting from the implementation of the bill will
be managed using existing resources. Therefore, this bill will have no fiscal
impact on LLR.
Frank A. Rainwater, Executive Director
Revenue and Fiscal Affairs Office
_______
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE
5 TO TITLE 40, CHAPTER 15, SO AS TO PROVIDE GUIDELINES FOR THE PRACTICE OF
TELEDENTISTRY IN THIS STATE, TO OUTLINE UNPROFESSIONAL CONDUCT, AND TO PROVIDE
DEFINITIONS RELATED TO TELEDENTISTRY.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Chapter 15, Title 40 of the S.C. Code is amended by
adding:
Article 5
Teledentistry
    Section
40-15-500. As used in this chapter:
    (1) "Asynchronous
transmission" means store and forward technology that allows a licensee to
transmit a patient's health information to another licensee for viewing at a
later time.
    (2) "Current
radiographic records" means radiographs or images taken contemporaneously with an
in-person examination.
    (3) "Distant
site" means the location of the site where a licensee is providing
teledentistry services to a patient located at an originating site.
    (4) "Emergent
care" means treatment of pain, infection, or any other intraoral or perioral
condition that presents immediate harm to the well-being of the patient and for
which treatment cannot be postponed.
    (5) "Originating
site" means the location of the site where a patient is receiving teledentistry
services from a licensee at a distant site.
    (6) "Public
health program" means a program approved by the board or any program
administered by:
       (a)
the Department of Health and Human Services;
       (b)
a health district; or
       (c)
a school district.
    (7) "Teledentistry"
has the same meaning and may be used interchangeably with the term "telehealth"
as defined in Section 40-42-10(5). The term includes, without limitation:
       (a)
real-time interactions between a patient at an originating site and a licensee
at a distant site;
       (b)
the asynchronous transmission of medical and dental information concerning a
patient from an originating site to a licensee at a distant site;
       (c)
interaction between a licensee who is providing dental services to a patient at
an originating site and another licensee at the originating site; and
       (d)
monitoring of a patient at an originating site by a licensee at a distant site.
    Section
40-15-510. In addition to the standard of care requirement
provided for in Section 40-42-20(2), a licensee shall not:
    (1)
provide treatment for any condition based solely on the results of an online
questionnaire;
    (2)
delegate to a dental hygienist, dental assistant, or any other individual any
act or duty through teledentistry that requires the in-person supervision of a
licensed dentist or that is otherwise outside the individual's permissible
scope of practice; or
    (3)
provide any treatment or service through teledentistry that is not evidence
based or is otherwise experimental.
    Section
40-15-520. Except as otherwise provided in this section,
a licensee must establish a bona fide relationship with a patient before
providing services to a patient through teledentistry. A bona fide relationship
between a patient and a licensee shall only exist if the licensee has:
    (1) reviewed
the patient's relevant history, medical records, diagnostic records, and, if
treatment is for the correction of a malposition of teeth, the patient's
current radiographic records;
    (2) performed
an appropriate, in-person, physical examination of the patient for the purpose
of diagnosing, assessing, developing a treatment plan, or determining the
patient's current medical or dental condition; and
    (3) a
reasonable expectation that the licensee will provide in-person follow-up care
and treatment to the patient on a regular basis.
    Section
40-15-530. Notwithstanding the limitations provided
in Section 40-15-540, a licensee may establish a relationship with a patient
through teledentistry only:
    (1) for
the purpose of emergent care;
    (2)
in connection with a public health program; or
    (3)
to make an initial diagnosis of a malposition of teeth and to determine the
need for an orthodontic appliance. An initial diagnosis and determination made
pursuant to this item must be confirmed through an in-person visit and review
of the patient's current radiographic records before the patient begins using
the orthodontic appliance.
    Section
40-15-540. Prior to the provision of services to a
patient through teledentistry, a licensee shall:
    (1) confirm
the patient's identity;
    (2) if
the patient is a minor who is not authorized by law to consent to the services,
confirm that the parent or legal guardian of the patient is present;
    (3) confirm
that the patient is located in a jurisdiction where the provider is licensed or
otherwise authorized to practice and document the patient's location in the patient's
record;
    (4)
obtain:
       (a)
informed written consent that meets the requirements of Section 40-15-580 from
a patient who is an adult or a minor authorized by law to provide consent; or
       (b)
informed written consent that meets the requirements of Section 40-15-580 from
the parent or guardian of a patient who is a minor and is not authorized by law
to provide consent; and
    (5) document
the informed consent provided pursuant to subsection (4) in the patient's
record.
    Section
40-15-550. Prior to providing services through teledentistry and upon the
request of a patient to whom services are provided, a licensee or any
partnership, corporation, or other entity through which a licensee provides
services shall make available to the patient proof of the licensee's identity,
the licensee's telephone number, the address at which the licensee practices,
the licensee's license number, and any other relevant information concerning
the licensee's qualifications and any other licensee who will be involved in
providing the services through teledentistry.
    Section
40-15-560. Informed consent to the provision of
services through teledentistry requires the patient or his parent or guardian,
as applicable, to be informed of:
    (1)
the types of services that will be provided through teledentistry and any
limitations on the provision of those services through teledentistry;
    (2) the
information prescribed by Section 40-15-550 for each provider who will provide
services through teledentistry;
    (3) precautions
that will be taken in the event of a technological failure or an emergency; and
    (4) any
other information prescribed by regulation.
    Section
40-15-570. Except in situations requiring emergency treatment, a dentist of
record is required for all patients being treated through teledentistry. The
dentist of record will remain primarily responsible for all of the patient's dental
treatment, regardless of whether treatment has been delegated to a
teledentistry provider.
    Section
40-15-580. An advertisement of dental services
provided through teledentistry must include a disclaimer that reads, in a
clearly legible font and size, "An in-person examination with a dentist
licensed under Title 40, Chapter 15 of the South Carolina Code of Laws is
recommended before beginning telehealth treatment in order to prevent injury or
harm" for services involving:
    (1) the
taking of an impression or the digital scanning of the human tooth, teeth, or
jaws, directly or indirectly, and by any means or method;
    (2) furnishing,
supplying, constructing, reproducing, or repairing any prosthetic denture,
bridge, or appliance or any other structure designed to be worn in the human
mouth;
    (3) placing
an appliance or structure in the human mouth or adjusting or attempting to
adjust the appliance or structure; or
    (4) correcting
or attempting to correct malformations of teeth or jaws.
    Section
40-15-590. A dentist may only delegate tasks to auxiliaries including, but not
limited to, dental hygienists and dental assistants, to the extent permitted by
law, including the Dental Practice Act.
    Section
40-15-600. A licensee who provides services through teledentistry shall refer a
patient to the emergency department of a hospital or another licensee of acute
care in an emergency or any other situation where the provision of acute care
is necessary to protect the health and safety of the patient.
    Section
40-15-610. The board shall adopt regulations governing the provision of dental
services through teledentistry.
    Section
40-15-620. It shall be considered unprofessional conduct for a licensee to
require a patient to enter into an agreement that restricts the ability of the
patient to submit a complaint to the board, file a lawsuit, join a class action
lawsuit, make reports to any governmental entity, require the patient to submit
to binding arbitration, or otherwise limit or prohibit the patient from
obtaining relief for deficiencies in the treatment or services they have
received.
SECTION 2.  If
any provisions within this act conflict with Title 40 of Chapter 42 of the
South Carolina Code of Laws ("Telehealth and Telemedicine Modernization Act"), then
this act shall govern, as it relates to dental licensees.
SECTION 3.  This act takes effect upon approval
by the Governor.
----XX----
This web page was last updated on May 06, 2026 at 12:28 PM