Title 36 — PROFESSIONS AND OCCUPATIONS

Source: SDC 1939 § 27.0605; SL 1971, ch 213 , § 13; revised pursuant to SL 1972, ch 15 , § 4; SL 1992, ch 269 , § 20.

Terms used in this chapter mean: (1) "Allied dental educational program," a dental hygiene, dental assisting, or laboratory technology educational program; (2) "Board," the State Board of Dentistry; (3) "Collaborative agreement," a written agreement between a supervising dentist …

The State Board of Dentistry shall consist of seven members. Five members shall be dentists in active practice in South Dakota for at least five years immediately preceding appointment. One member shall be a lay person and a resident of this state at least five years. One member …

The board shall hold at least two meetings annually at times and places to be set by the board. The board may hold other meetings at a time and place set by the president or a majority of the board. A majority of the board may call a meeting, without the call of the president. So…

A majority of board members constitutes a quorum. A majority vote of those present shall constitute a decision of the entire board. Source: SL 1981, ch 275 , § 5; SL 1992, ch 269 , § 10; SL 2015, ch 199 , § 9.

A member of the board may be removed from office for cause, or if physically or mentally unable to carry out the duties of a board member, or if found guilty of a violation of any provision of this chapter. Source: SL 1981, ch 275 , § 6; SL 1992, ch 269 , § 11; SL 2015, ch 199 , …

The board, its members, and its agents are immune from personal liability for actions taken in good faith in the discharge of the board's duties. The state shall hold the board, its members, and its agents harmless from all costs, damages, and attorney fees arising from claims an…

The board may: (1) Establish standards for, and promote, the safe and qualified practice of dentistry; (2) Conduct all disciplinary proceedings under this chapter; (3) Establish educational, training and competency standards governing the examination and practice of dentists and …

The board may not promulgate a rule which: (1) Is not authorized by this chapter or which does not relate to the protection of the public from unsafe dental practices; (2) Discriminates between licensees or registrants of the same class; (3) Has as its primary purpose the promoti…

36-6A-17 Enforcement of chapter. 36-6A-18 Assistance in enforcement--Expenditures--Employment of attorney. 36-6A-19 Subpoena power of board--Administration of oaths. 36-6A-20 Depositions. 36-6A-21

The board may use its own staff or employ or contract with agents or investigators to assist in the enforcement of this chapter or any rule promulgated thereunder. If it appears to the board that a person is violating any provision or rule of this chapter, the board may, in its o…

The board and its members and officers shall assist any person charged with the enforcement of this chapter, and the board, its members, agents, and officers shall furnish the person with evidence to assist in the prosecution of any violation or enforcement of this chapter, and t…

In all matters pending before it the board has the powers provided by §

36-6A-3 Appointment and term of lay member. 36-6A-4 Terms of office--Vacancies. 36-6A-5 Officers of board. 36-6A-6 Board continued within Department of Health--Records and reports. 36-6A-7 Acceptance of funds by board--Separate fund--Payments from fund--Expense limited by revenue…

Any deposition may be taken as provided by §

36-6A-21.1 Inspection of premises--Confidentiality of records. 36-6A-22 Complaints--Records--Investigation--Dismissal--Hearing--Appeal. 36-6A-22.1 Report of suspension or revocation of practice privilege by facility. 36-6A-22.2 Discovery--Evidence in contested case--Personal inju…

Pursuant to a complaint concerning the health or safety of patients or the public, the board, or any of its members, officers, agents, or employees so authorized, may enter and inspect, during business hours, any place where dentistry is practiced for the purpose of enforcing thi…

The board shall receive complaints regarding the enforcement of this chapter. A record of each complaint shall be maintained by the board. An investigation shall be conducted by a member, or agent or an appointee of the board to determine whether an alleged violation has been com…

Each facility licensed by the state where medicine or dentistry is practiced that suspends or revokes the privilege of a licensee of the board to practice dentistry therein for professional incompetence or unprofessional or dishonorable conduct as defined in this chapter shall re…

Testimony or documentary evidence of any kind obtained during the investigation of a complaint is not subject to discovery or disclosure under chapter 15-6 or any other provision of law, and is not admissible as evidence in any legal proceeding, until such time as the complaint b…

The board may impose any of the following sanctions, singly or in combination, if it finds that a person, entity, licensee, registrant, or dental corporation has violated any provision of this chapter or any rule promulgated thereunder: (1) Revoke a license, registration, or perm…

The board may summarily suspend a license or registration in advance of a final adjudication or during the appeals process if the board finds that a licensee or registrant would represent a clear and immediate danger to the public health and safety if allowed to continue to pract…

Any licensee or registrant whose license or registration has been suspended or revoked may have a license or registration reinstated or a new license or registration may be issued when in the discretion of the board the action is warranted. The board may require the applicant to …

36-6A-27 Immunity from liability for acts of members of professional committees--Confidentiality of committee communications. 36-6A-28 Unauthorized practice or representation as dentist or dental hygienist, radiographer, registered assistant, or specialist--Misdemeanor. 36-6A-29 …

There may be no monetary liability on the part of, and no cause of action for damages may arise against, any member of a duly appointed committee of a state or local professional society, comprised of dentists or dental hygienists, for any act or proceeding undertaken or performe…

Each person who practices as, attempts to practice as, or purports to be a dentist, dental hygienist, dental radiographer, or registered dental assistant in this state without being licensed or without being registered for that purpose or without being exempted from this chapter …

No advertising pertaining to the practice of dentistry may be fraudulent or misleading. A violation of this section is a Class 1 misdemeanor. Source: SDC 1939, § 27.0614; SL 1943, ch 104 ; SL 1971, ch 213 , § 25; SL 1983, ch 269 ; SL 1992, ch 158 , § 74; SL 1992, ch 269 , § 40; S…

The lay member shall be appointed by the Governor and shall have the same term of office as other members of the Board of Dentistry. Source: SL 1973, ch 2 , § 58; SL 1981, ch 275 , § 1[3].

No person in this state may sell, offer, provide, or advertise any dental service including the furnishing, constructing, reproduction, relining, or repair of dentures, bridges, plates, or other appliances to be used or worn as substitutes for natural teeth unless the person hold…

Only a dentist licensed to practice under this chapter may practice as a dentist in this state, unless otherwise stated in this chapter. Dentists have the exclusive responsibility for: (1) The diagnosis and treatment planning of conditions within the human oral cavity and its adj…

A dentist may prescribe or administer drugs only in connection with dental related ailments or conditions. Source: SL 2015, ch 199 , § 34.

No licensee or registrant under this chapter may perform dental services that are outside the scope of the licensee's or registrant's relevant education, training, and experience. Source: SL 2015, ch 199 , § 35.

The provisions of §§ 36-6A-30 and 36-6A-31 do not apply to: (1) Any dentist licensed in another state making a clinical presentation sponsored by a board approved dental society or association or an American Dental Association Commission on Dental Accreditation accredited dental …

Except as permitted by chapter 47-12 , it is a Class 2 misdemeanor for any licensee, registrant, or dental corporation to divide fees with, or to promise to pay a part of a fee to, or to pay a commission to any dentist or any other person, who sends patients for treatment or oper…

No member of the board may serve more than three consecutive full terms. However, appointment of a person to an unexpired term is not considered a full term for this purpose. The Governor shall make appointments to the board for terms of three years. Each member shall hold office…

Only a dental hygienist licensed to practice pursuant to this chapter may practice dental hygiene unless otherwise stated in this chapter. A dental hygienist may perform those services which are diagnostic, therapeutic, or preventive in nature and are authorized by the board and …

A dental hygienist may provide preventive and therapeutic services under the collaborative supervision of a dentist if the dental hygienist has met the following requirements: (1) Possesses a license to practice in the state; (2) Has a collaborative agreement with a dentist; and …

A dental hygienist seeking to provide preventive and therapeutic services under collaborative supervision shall submit evidence, as prescribed by the board, of meeting the requirements of § 36-6A-40.1 and shall pay a fee set by the board. The board shall, by rules promulgated pur…

Each dentist who uses the services of a dental hygienist or dental auxiliary to assist the dentist in the practice of dentistry is responsible for the acts of the dental hygienist or dental auxiliary while engaged in such assistance. The dentist shall permit the dental hygienist …

36-6A-43 Dental technicians. 36-6A-44 Criteria for license to practice dentistry. 36-6A-44.1 Criminal background investigation of applicants for licensure as dentist and licensees under disciplinary investigation--Fees. 36-6A-44.2 Criteria for license to practice as dental hygien…

Dental technicians may work either in commercial dental laboratories or under the supervision of a dentist. Technicians, when not working under the supervision of a dentist, may not provide for dental patients' use any prosthetic appliances, materials, or devices which are insert…

Any person desiring to practice as a dentist may obtain a license to practice as a dentist if the applicant satisfies each of the following criteria: (1) The application for a license to practice as a dentist is in writing and signed by the applicant; (2) The applicant has passed…

Each applicant for licensure as a dentist in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall submit…

Any person desiring to practice as a dental hygienist may obtain a license to practice as a dental hygienist if the applicant satisfies each of the following criteria: (1) The application for a license to practice as a dental hygienist is in writing and signed by the applicant; (…

Any person licensed in another state desiring to practice as a dentist may obtain a license to practice as a dentist if the applicant satisfies each of the following criteria: (1) The application for a license to practice as a dentist is in writing and signed by the applicant; (2…

Any person licensed in another state desiring to practice as a dental hygienist may obtain a license to practice as a dental hygienist if the applicant satisfies each of the following criteria: (1) The application for a license to practice as a dental hygienist is in writing and …

An applicant, licensee, or registrant shall provide a certified translation of any document required pursuant to this chapter. Source: SL 2015, ch 199 , § 54.

The board may, in compliance with chapter 1-26 , refuse to grant a license or registration pursuant to this chapter because of professional incompetence, or unprofessional or dishonorable conduct on the part of the applicant. Source: SL 2015, ch 199 , § 55.

The board shall, upon applicant's satisfactory completion of the educational requirements and written, laboratory and clinical examinations authorized pursuant to this chapter and upon receipt of the requisite fees, issue or renew the appropriate license to practice as a dentist …

Any dentist or dental hygienist licensed in a state or territory of the United States whose licensure requirements are equivalent or higher than those of this state and who has completed a minimum of fifteen hundred clinical practice hours within the five years preceding the date…