reglab/housing_qa huggingface dataset:
SD Codified L § 36-6A-17 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries|Section 36-6A-17 - Enforcement of chapter.

36-6A-17. Enforcement of chapter.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 own name or in the name of the state, in the circuit court in any county in which jurisdiction is proper, bring an action to enjoin the act, practice, or violation and to enforce compliance with this chapter or any rule promulgated thereunder as an alternative to criminal proceedings, and the commencement of one proceeding by the board constitutes an election. Such proceedings shall be prosecuted by the attorney general's office or person designated by the attorney general and retained by the board as provided in §36-6A-18. Source: SDC 1939, §27.0616; SL 1971, ch 213, §11; SL 1981, ch 275, §9; SL 1992, ch 269, §17; SL 2015, ch 199, §15.
SD Codified L § 36-6A-18 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries|Section 36-6A-18 - Assistance in enforcement--Expenditures--Employment of attorney.

36-6A-18. Assistance in enforcement--Expenditures--Employment of attorney.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 the board may, for that purpose, make a reasonable expenditure. The board may, if it deems best for the enforcement of this chapter or in the conduct of its duties, employ an attorney designated by the attorney general. The board shall fix and determine the compensation and period of service of the attorney who shall be paid out of the funds of the board. Source: SL 1971, ch 213, §12; SL 1992, ch 269, §18; SL 2015, ch 199, §16.
SD Codified L § 36-6A-19 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries|Section 36-6A-19 - Subpoena power of board--Administration of oaths.

36-6A-19. Subpoena power of board--Administration of oaths.In all matters pending before it the board has the powers provided by §1-26-19.1. Source: SDC 1939 §27.0605; SL 1971, ch 213, §13; revised pursuant to SL 1972, ch 15, §4; SL 1992, ch 269, §20.
SD Codified L § 36-6A-20 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries|Section 36-6A-20 - Depositions.

36-6A-20. Depositions.Any deposition may be taken as provided by §1-26-19.2. Source: SDCL 1967, §36-6-12 as added by SL 1971, ch 213, §13; revised pursuant to SL 1972, ch 15, §4; SL 1992, ch 269, §21.
SD Codified L § 36-6A-21.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries|Section 36-6A-21.1 - Inspection of premises--Confidentiality of records.

36-6A-21.1. Inspection of premises--Confidentiality of records.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 this chapter. The inspection may include any dental or drug records, and the copying thereof, and inventories relating to drugs and controlled substances required to be kept under the provisions of chapter 34-20B. The board, its members, officers, agents, and employees shall maintain the confidential nature of any records obtained pursuant to this section. Refusal to allow an inspection may constitute unprofessional or dishonorable conduct. Source: SL 2015, ch 199, §18.
SD Codified L § 36-6A-22 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries|Section 36-6A-22 - Complaints--Records--Investigation--Dismissal--Hearing--Appeal.

36-6A-22. Complaints--Records--Investigation--Dismissal--Hearing--Appeal.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 committed. The investigator, if a member of the board, may dismiss a complaint if it appears to the member, either with or without the consultation of the board, that no violation has been committed or the member may transfer the complaint to a peer review committee duly appointed by a state or local professional society comprised of dentists, or the member may request the board set a date for hearing on the complaint. If the investigator is an agent or an appointee of the board, dismissal of the complaint or transferal to peer review may only be made by the president. Any agreed disposition made between the investigator and the licensee or registrant shall be made known to and approved by the board. The complaining party shall be notified promptly of the final disposition of the complaint. The complaining party may appeal the dismissal to the board within thirty days. The decision of the board may be appealed to the circuit court in accordance with chapter 1-26 within thirty days. A license or registration shall remain in effect during the pendency of an appeal unless suspended under §36-6A-24. All disciplinary proceedings held under the authority of this chapter shall be conducted in accordance with chapter 1-26. Source: SL 1981, ch 275, §27; SL 1986, ch 305, §2; SL 1992, ch 269, §56; SL 2015, ch 199, §19.
SD Codified L § 36-6A-22.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries|Section 36-6A-22.1 - Report of suspension or revocation of practice privilege by facility.

36-6A-22.1. Report of suspension or revocation of practice privilege by facility.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 report it in writing to the board including the factual basis of such revocation or suspension of the practice privilege. Any report made to the board pursuant to this section is confidential and subject to the same restrictions set forth in §36-6A-22.2. No licensed facility, complying in good faith with this section, may be held liable for any injury or damage proximately resulting from the compliance. Source: SL 2015, ch 199, §20.
SD Codified L § 36-6A-22.2 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries|Section 36-6A-22.2 - Discovery--Evidence in contested case--Personal injury or wrongful death actions.

36-6A-22.2. Discovery--Evidence in contested case--Personal injury or wrongful death actions.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 becomes a contested case as defined in subdivision 1-26-1(2). No person that has participated in the investigation of a complaint may testify as an expert witness or be compelled to testify for any party in any action for personal injury or wrongful death if the subject matter of the complaint investigated is a basis for the action for personal injury or wrongful death. Source: SL 2015, ch 199, §21.
SD Codified L § 36-6A-23 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries|Section 36-6A-23 - Sanctions authorized for violation of chapter.

36-6A-23. Sanctions authorized for violation of chapter.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 permit for an indefinite period;(2)Suspend a license, registration, or permit for a specific or indefinite length of time;(3)Place on condition or limit a license, registration, or permit;(4)Issue a censure or a letter of reprimand;(5)Place a licensee or registrant on probationary status and require the licensee or registrant to report regularly to the board on the matters which are the basis for probation, limit the licensee's or registrant's practice to areas prescribed by the board and require professional education until a satisfactory degree of skill has been attained in those areas which are the basis of the probation. The board may withdraw the probation if the board finds the deficiencies which require disciplinary action have been remedied;(6)Other sanctions which the board finds appropriate;(7)Impose a fee to reimburse the board in an amount equal to all or part of the costs incurred for the investigation and proceedings resulting in disciplinary action authorized by this chapter or the issuance of a cease and desist order. The costs include the amount paid by the board for services from attorneys, investigators, court reporters, witnesses, expert witnesses, reproduction of records, board members' per diem compensation, board staff time, and expenses incurred for the investigation and disciplinary proceedings; and(8)Deny an application for a license, registration, or permit. Source: SL 1981, ch 275, §28; SL 1986, ch 305, §3; SL 1992, ch 269, §57; SL 2015, ch 199, §22.
SD Codified L § 36-6A-24 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries|Section 36-6A-24 - Summary suspension of license or registration--Grounds--Hearing--Appeal.

36-6A-24. Summary suspension of license or registration--Grounds--Hearing--Appeal.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 practice. A licensee or registrant whose license or registration is suspended under this section is entitled to a hearing before the board within twenty days after the effective date of the suspension. The licensee or registrant may subsequently appeal the suspension to circuit court in accordance with chapter 1-26. Source: SL 1981, ch 275, §29; SL 1992, ch 269, §58; SL 2015, ch 199, §23.
SD Codified L § 36-6A-25 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries|Section 36-6A-25 - Reinstatement of suspended or revoked license or registration.

36-6A-25. Reinstatement of suspended or revoked license or registration.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 pay all costs of the proceedings resulting in the suspension or revocation of the license or registration and reinstatement or issuance of a new license or registration. Source: SDC 1939, §27.0607; SL 1971, ch 213, §38; SL 1992, ch 269, §59; SL 2015, ch 199, §24.
SD Codified L § 36-6A-27 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries|Section 36-6A-27 - Immunity from liability for acts of members of professional committees--Confidentiality of committee communications.

36-6A-27. Immunity from liability for acts of members of professional committees--Confidentiality of committee communications.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 performed within the scope of the functions of the committee which is formed to maintain the professional standards of the society established by its bylaws, if the committee member acts without malice, has made a reasonable effort to obtain the facts of the matter as to which the committee member acts, and acts in reasonable belief that the action taken by the committee member is warranted by the facts known to the committee member after a reasonable effort to obtain facts. For the purposes of this section, the term, professional society, means any dental organization having as members at least a majority of the eligible licensees in the area served by the particular society. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation. No communications either to or from any committee or its members or its proceedings, if acting as a peer review committee concerning the ethical or professional practices of any dentist are discoverable for any purpose in any civil or criminal action. However, a communication is discoverable in an administrative proceeding as contemplated by chapter 1-26. All such communications are confidential. The committee shall transfer all documentation material to a complaint to the board upon subpoena by the board or upon filing a complaint. The confidentiality provided in this section ceases upon transfer of the material to the board. Source: SL 1975, ch 233; SL 1981, ch 276; SL 1986, ch 305, §1; SL 1992, ch 269, §19; SL 2015, ch 199, §26.
SD Codified L § 36-6A-28 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries|Section 36-6A-28 - Unauthorized practice or representation as dentist or dental hygienist, radiographer, registered assistant, or specialist--Misdemeanor.

36-6A-28. Unauthorized practice or representation as dentist or dental hygienist, radiographer, registered assistant, or specialist--Misdemeanor.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 is guilty of a Class 1 misdemeanor.Any dentist who implies, purports or leads a patient to believe that the dentist is a dental specialist without meeting the educational requirements set forth in this chapter, is guilty of a Class 1 misdemeanor. Source: SDC 1939, §27.9918; SL 1977, ch 190, §147; SL 1981, ch 275, §12; SL 1984, ch 250, §4; SL 1992, ch 269, §22; SL 2015, ch 199, §27.
SD Codified L § 36-6A-29 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries|Section 36-6A-29 - Fraudulent or misleading advertising--Misdemeanor.

36-6A-29. Fraudulent or misleading advertising--Misdemeanor.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; SL 2015, ch 199, §28.
SD Codified L § 36-6A-30 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries|Section 36-6A-30 - Sale, offer, or advertising of dental services by unlicensed or unregistered person prohibited--Misdemeanor.

36-6A-30. Sale, offer, or advertising of dental services by unlicensed or unregistered person prohibited--Misdemeanor.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 holds the appropriate license, registration, or permit issued by the board. A violation of this section is a Class 1 misdemeanor.The mere delivery of products to an ultimate consumer or person acting on behalf of the consumer for the purpose of transporting products to the dentist who provided the work order is not a violation of this section. This section does not apply to mailings, displays, and advertisements, the primary distribution of which is to the dental profession or its ancillary trades. Source: SL 1971, ch 213, §26; SL 1981, ch 275, §20; SL 1992, ch 158, §75; SL 2015, ch 199, §29.
SD Codified L § 36-6A-31 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries|Section 36-6A-31 - License required to practice dentistry--Exclusive responsibility of dentists.

36-6A-31. License required to practice dentistry--Exclusive responsibility of dentists.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 adjacent tissues and structures;(2)The use of a dental degree, designation, card, device, directory, sign, or other media whereby the person represents himself or herself as being able to diagnose, treat, prescribe, or operate for any disease, pain, deformity, deficiency, injury, or physical condition of the human tooth, teeth, alveolar process, gums or jaw, or adjacent or associated tissues and structures;(3)The prescribing of drugs which are administered to patients or prescribed to patients in connection with dental related ailments or conditions;(4)The overall quality of patient care which is rendered or performed in the practice of dentistry, regardless of whether the care is rendered personally by a dentist, dental hygienist, or dental auxiliary;(5)The supervision of dental hygienists and dental auxiliaries and authorization of procedures to be performed by dental hygienists and dental auxiliaries;(6)The use of radiographic imaging for dental diagnostic purposes;(7)The delegation of procedures to a dental hygienist under general supervision;(8)Any other specific services within the scope of dental practice;(9)The management, ownership, or operation of a business, corporation, organization, or entity through which dentistry, as defined in this chapter, is offered or provided to the public;(10)The performance of any dental procedure or operation of any kind gratuitously, or for a fee, gift, compensation, or reward, paid or to be paid, either to the person providing the service or to another person or entity;(11)Offering or undertaking, by any means or method, to diagnose, treat or remove stains or accretions from or change the color or appearance of human teeth;(12)Performing any clinical procedure or operation included in the curricula of American Dental Association Commission on Dental Accreditation accredited dental schools or colleges; and(13)Performing any irreversible dental procedure. Source: SL 1981, ch 275, §11; SL 1992, ch 269, §23; SL 2005, ch 200, §2; SL 2015, ch 199, §30.
SD Codified L § 36-6A-32.3 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries|Section 36-6A-32.3 - Prescription or administration of drugs.

36-6A-32.3. Prescription or administration of drugs.A dentist may prescribe or administer drugs only in connection with dental related ailments or conditions. Source: SL 2015, ch 199, §34.
SD Codified L § 36-6A-32.4 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries|Section 36-6A-32.4 - Performance of dental services outside scope of education, training, or experience prohibited.

36-6A-32.4. Performance of dental services outside scope of education, training, or experience prohibited.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.
SD Codified L § 36-6A-39 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries|Section 36-6A-39 - Fee-splitting as misdemeanor--Partnerships and employment excepted.

36-6A-39. Fee-splitting as misdemeanor--Partnerships and employment excepted.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 operation. However, nothing in this section prohibits dentists from forming a bona fide partnership for the practice of dentistry, nor the actual employment of a licensee or registrant. Source: SDC 1939, §§27.0615, 27.9916; SL 1971, ch 213, §27; SL 1977, ch 190, §150; SL 1992, ch 269, §41; SL 2015, ch 199, §42.
SD Codified L § 36-6A-40 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries|Section 36-6A-40 - License required to practice dental hygiene--Supervision of preventive and therapeutic services.

36-6A-40. License required to practice dental hygiene--Supervision of preventive and therapeutic services.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 any educational services provided pursuant to those authorized services. Such services may not include the establishment of a final diagnosis or treatment plan for a dental patient. The services shall be performed under the supervision of a dentist.A dental hygienist may perform preventive and therapeutic services under general supervision if all individuals treated are patients of record and all care rendered by the dental hygienist is completed under the definition of patient of record. A dental hygienist may perform preventive and therapeutic services under collaborative supervision if the requirements of §36-6A-40.1 are met. However, no dental hygienist may perform preventive and therapeutic services under collaborative supervision for more than thirteen months for any person who has not had a complete evaluation or an oral health review by a dentist. Source: SDC 1939, §27.0608; SL 1943, ch 102; SL 1949, ch 107; SL 1965, ch 120; SL 1971, ch 213, §34; SL 1992, ch 269, §51; SL 2011, ch 178, §3; SL 2014, ch 179, §1; SL 2015, ch 199, §43; SL 2016, ch 193, §2.