Title 36 — PROFESSIONS AND OCCUPATIONS

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…

Any person who has applied for a license to practice as a dentist or a dental hygienist and has met all of the requirements for the license, may be granted a temporary registration to practice as a dentist or a dental hygienist only until a date set by the board. The person is su…

Any person practicing under a temporary registration is subject to supervision and discipline by the board pursuant to this chapter in the same manner as any other licensee pursuant to this chapter. A person practicing under a temporary registration submits to jurisdiction by the…

Any person who, while located outside this state, practices dentistry through teledentistry and provides the dental services to a patient located in this state, is engaged in the practice of dentistry in this state. Source: SL 2015, ch 199 , § 60.

Any services provided by a licensee or registrant through teledentistry or electronic means shall comply with the provisions of this chapter as if the services were provided in person by a licensee or registrant. Source: SL 2015, ch 199 , § 61.

Nothing contained in this chapter may be construed to apply to any licensed person practicing dentistry outside of this state when in actual consultation with a dentist in this state. Source: SL 2015, ch 199 , § 62.

The board shall elect annually from its members a president, vice-president, and a secretary-treasurer. No member may serve as president for more than three consecutive one year terms. Source: SDC 1939, § 27.0603; SL 1971, ch 213 , § 5; SL 1989, ch 322 ; SL 1992, ch 269 , § 4; SL…

The board shall promulgate nonrefundable fees, by rule pursuant to chapter 1-26 , provided for in this chapter, within the following limits: (1) Examination fee for dentists, not more than three hundred dollars; (2) Examination fee for dental hygienists, not more than one hundred…

36-6A-52 Annual renewal of license or registration--Information and fee--Notice. 36-6A-53

As a condition of annual renewal of a license or registration, each licensee or registrant shall, on or before the first day of July each year, transmit to the board, upon a form prescribed by the board, information reasonably related to the administration of a licensure or regis…

36-6A-54 Display of certificates. 36-6A-55 Proof of continuing education or continuing competency. 36-6A-56

Each licensee or registrant shall post and keep conspicuously his or her name, annual license certificate, and annual registration certificate in each dental clinic in which he or she practices, in plain sight of the patients. Source: SDC 1939, §§ 27.0611, 27.9912; SL 1971, ch 21…

Every five years of licensure or registration, each licensee or registrant shall provide the board evidence, of a nature suitable to the board that a licensee or registrant has attended, or participated in an amount of board approved continuing education or continuing competency …

36-6A-57 Reexamination on failure to comply with continuing education or competency requirements--Suspension of license. 36-6A-58 Notice to board of change of name or address. 36-6A-59 Disciplinary sanctions for professional incompetence, unprofessional or dishonorable conduct, o…

Any licensee or registrant who fails to comply with the continuing education or continuing competency requirements set forth in this chapter may, at the discretion of the board, be reexamined to determine his or her competency to continue licensure or registration. If, in the opi…

Each licensee or registrant, upon changing his or her place of residence, name, place of employment, or place of business shall, within ten days thereafter, furnish the board with updated information. Source: SDC 1939, § 27.0610; SL 1943, ch 103 ; SL 1971, ch 213 , § 33; SL 1981,…

Each licensee and registrant subject to this chapter shall conduct his or her practice in accordance with the standards established by the board. Each licensee or registrant is subject to the exercise of the disciplinary sanctions enumerated in this chapter upon satisfactory proo…

The term, unprofessional or dishonorable conduct, as used in this chapter includes: (1) Presenting to the board any license, certificate, or diploma which was obtained by fraud or deception practiced in passing a required examination or which was obtained by the giving of false s…

No contract entered into between a licensee or registrant and any other party under which the licensee or registrant renders dental services may require the licensee or registrant to act in a manner which violates the professional standards for dentistry set forth in this chapter…