> ## Documentation Index > Fetch the complete documentation index at: https://dso.getlemma.com/llms.txt > Use this file to discover all available pages before exploring further. # South Carolina CPOD and DSO reference > Corporate practice of dentistry status, professional entity forms, fee structures, noncompete law, and DSO-specific requirements in South Carolina. South Carolina is a **permissive-to-moderate** corporate practice of dentistry state: the Dental Practice Act has no proprietor clause or express ownership restriction, and the Board of Dentistry expressly states that corporations and non-dentist individuals may own a dental practice. Clinical control, records, equipment custody, fee-splitting ethics, and any elected professional-corporation form remain regulated. South Carolina's rules come from S.C. Code ch. 40-15 and Board of Dentistry regulation. Check the [legislation tracker](/reference/legal/dental-legislation-tracker) for pending changes. ## 1. CPOD status **Tier:** Permissive-to-moderate No express ownership restriction was located in the dental practice act, S.C. Code ch. 40-15.1 The chapter acknowledges corporate employment of dentists in passing: § 40-15-83(A), a record-retention provision, states that "\[i]f a dentist is employed by a corporation or another dentist, the corporation or employing dentist is responsible for maintaining the patient records."1 Section 40-15-70 defines the "practice of dentistry" through holding out, diagnosis and treatment, extractions, impressions, prosthetics, X-ray, anesthesia, and teaching. The definition is clinical and contains no office-ownership or operation clause.1 Discipline reaches employing or permitting an unlicensed person to practice, not lay ownership itself. Section 40-15-135 supplies the control line: only a dentist may control dental equipment and materials while used for care, treatment selection, procedures, materials, manner of treatment, and patient records. A lease or other arrangement with a non-dentist for equipment or materials must expressly leave complete care, custody, and control with the dentist. The Board's FAQ states that corporations and individuals who are not dentists may own a practice but may not interfere with professional judgment. That FAQ is agency guidance, not a statutory ownership grant. ## 2. Other professions This page covers **dentistry only**. Medicine, optometry, veterinary practice, and other professions are governed by different statutes and boards, even within the same state. For medical-practice sources, use the [MSO-PC Wiki](https://mso.getlemma.com/). ## 3. Professional entity forms Professional corporations form under S.C. Code ch. 33-19, which limits issuance and transfer of shares to qualified persons (§§ 33-19-200, -220). This is a restriction on the elected PC form, not proof that every ordinary practice entity must be a PC. Section 40-15-130 separately requires a dentist using a trade name or working for another dentist, partnership, or professional association to display the dentist's name and licensed area of practice. Also confirm before filing: * **Naming rules**, designator requirements, and any limits tied to licensed owners' names; several states regulate dental trade names separately * **Board pre-approval or certificates**, whether the dental board must act *before* (or after) the secretary of state will file * **Officer and director licensure**, including states that restrict these roles as well as ownership to licensees See [PC vs PLLC vs PA](/concepts/entities/pc-vs-pllc-vs-pa) and [Form a professional corporation](/guides/formation/form-a-pc). ## 4. Fee structure The statute does not print a blanket percentage-management-fee prohibition, but S.C. Reg. 39-11 incorporates an ethics rule stating that dentists shall not accept or tender rebates or split fees. The Board's FAQ says this includes social-coupon applications. Treat a percentage MSA as requiring specific analysis rather than relying on silence in ch. 40-15. For the MSA, test whether a **percentage-of-collections** fee is permitted under the state's dental, fee-splitting, referral, tax, and contract rules. Several states expressly restrict revenue-linked dental management fees, and the Aspen Dental settlements imposed related party-specific terms. Flat and cost-plus formulas are not automatic safe harbors; the services, calculation, amount, control rights, and actual payments still matter. See [Fee-splitting rules](/concepts/model/fee-splitting) and [Set the management fee](/guides/agreements/set-the-management-fee). ## 5. Noncompetes Dentist noncompetes in South Carolina are governed by the state's general restrictive-covenant law. Verify current enforceability standards with counsel before drafting one. Federal noncompete policy changed substantially in 2025 and 2026. The FTC's Non-Compete Rule was vacated, the agency dismissed its appeals in September 2025, and the rule was removed from 16 C.F.R. pt. 910 effective February 12, 2026. State law remains central. Dental enforcement resolutions in New York and California have also restricted noncompetes for the settling parties as a corporate-practice remedy. **Verify the current rule, worker, agreement type, transaction context, effective date, and remedy in this state.** See the [legislation tracker](/reference/legal/dental-legislation-tracker). ## 6. DSO-specific law and registration No DSO registration statute. The closest analog is **mobile dentistry**: mobile dental facilities and portable operations must register with the Board of Dentistry under § 40-15-172, and a new registration is required when ownership changes. An unregistered operator is not entitled to reimbursement or other compensation for services provided in South Carolina. A person other than a licensed dentist who accepts dental technological work directly from the general public is considered to be practicing dentistry without a license. The provision appears near § 40-15-370(B); quote the official chapter text and confirm the pinpoint before relying on it.1 ## 7. Death and transition window Chapter 40-15 does not supply a dental-practice estate window, but a professional corporation has mandatory share-acquisition mechanics under §§ 33-19-230–270. If acquisition remains incomplete 10 months after death (five months after disqualification), the corporation cancels the shares and the estate or former holder retains only the statutory fair-value payment right. This is form-specific; an ordinary lay-owned entity follows different succession mechanics. See [Plan for succession](/guides/formation/plan-for-succession). ## 8. Practical structuring notes **South Carolina permits lay ownership but reserves the dental work.** A lease must contain the statutory equipment-control clause; governance and the MSA must reserve treatment, materials, clinical manner, and record control; and a practice using the PC form must follow ch. 33-19's qualified-owner rules. Trade-name display (§ 40-15-130) and any mobile-operation registration (§ 40-15-172) are visible compliance items. ## 9. Verification checklist * [ ] Confirmed the permitted entity form **for dentistry** in this state * [ ] Confirmed whether dental board pre-approval or a certificate is required before filing * [ ] Confirmed whether officers and directors must be licensed dentists * [ ] Confirmed the management fee structure is lawful here, including any restriction on revenue-linked fees * [ ] Clinical carve-out drafted against **this state's** current statutory language, including any enumerated control prohibitions * [ ] Transfer restriction and succession documents checked against this state's death-transition window * [ ] Noncompete provisions checked against current state law * [ ] DSO foreign-qualified before it has employees here * [ ] Any **DSO registration, licensure, or disclosure obligation** identified and calendared * [ ] Trade-name and advertising-disclosure rules for dental practices checked ## 10. Sources and where to verify | # | Source | | - | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | 1 | [S.C. Code tit. 40, ch. 15](https://www.scstatehouse.gov/code/t40c015.php): §§ 40-15-83 (records/corporate employers), -130 (trade names), -135 (clinical, record and equipment control), -172 (mobile registration) | | 2 | [Board of Dentistry FAQ](https://www.llr.sc.gov/bod/faq.aspx): non-dentist ownership and noninterference guidance | | 3 | [S.C. Reg. ch. 39](https://www.scstatehouse.gov/coderegs/Chapter%2039.pdf): reg. 39-11 ethics and fee-splitting rule | | 4 | [S.C. Code ch. 33-19](https://www.scstatehouse.gov/code/t33c019.php): §§ 33-19-200, -220, -230–270, PC ownership and succession | Entity formation runs through the South Carolina Secretary of State; board rules through the South Carolina Board of Dentistry (LLR); pending bills through the South Carolina General Assembly. For the cases and statutes referenced above, see [DSO & dental case law](/reference/legal/dso-case-law) and the [51-jurisdiction table](/reference/legal/dso-laws-by-state). For enacted and pending legislation, see the [dental legislation tracker](/reference/legal/dental-legislation-tracker).