reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-19 - Peer review committee--Immunity from liability--Conditions--Official immunity unaffected--Fee.

36-5-19. Peer review committee--Immunity from liability--Conditions--Official immunity unaffected--Fee.
The board may act as a peer review committee or may appoint other licensed chiropractors to perform such function. No monetary liability on the part of, and no cause of action for damages may arise against any member of a duly appointed peer review committee comprised of chiropractors licensed to practice in this state, for any act or proceeding undertaken or performed within the scope of the functions of such committee formed to maintain the professional standards of the board as provided in rules promulgated by the board pursuant to chapter 1-26, if the committee member acts without malice, has made a reasonable effort to obtain the facts of the matter on which the member acts, and acts in reasonable belief that the action taken is warranted by the facts as known by the member after a reasonable effort to obtain facts. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation. The contested case provisions of chapter 1-26 do not apply to activities of the peer review committee. All licensees shall, as a condition of licensure, fully cooperate with and promptly respond to inquiries and requests from the committee. The recommendations of the committee as to necessity for services of a licensee, and as to reasonableness of charges and procedures shall be reported to the person who requested the review and one member of the board as designated by the board. The board may, by rules promulgated pursuant to chapter 1-26, establish a fee not to exceed seven hundred fifty dollars to help defray the cost of the review. However, no patient of a licensee requesting a peer review is subject to this fee.
Source:
SL 1976, ch 230; SL 1986, ch 304; SL 1994, ch 295; SL 2001, ch 200, §1; SL 2021, ch 173, § 27.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-20 - Disciplinary committee--Immunity from liability--Conditions--Official immunity unaffected.

36-5-20. Disciplinary committee--Immunity from liability--Conditions--Official immunity unaffected.
Notwithstanding any provision of chapter 36-1C, the board may act as a disciplinary committee or may appoint other chiropractors licensed to practice in this state to perform such functions to maintain the professional standards of the board. No monetary liability on the part of, and no cause of action for damages may arise against any member of a duly appointed disciplinary committee for any act or proceeding undertaken or performed within the scope of the functions of the committee, if the committee member acts without malice, has made a reasonable effort to obtain the facts of the matter on which the member acts, and acts in a reasonable effort to obtain the facts. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation.
The board may promulgate rules pursuant to chapter 1-26 governing the administration and enforcement of this section and the conduct of licensees, including:
(1)The purpose of the disciplinary committee;
(2)The composition of the disciplinary committee; and
(3)The qualifications of the disciplinary committee.
Source:
SL 2001, ch 200, §2; SL 2021, ch 168, § 19; SL 2021, ch 173, § 28.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-21 - Ethics committee--Immunity from liability--Conditions--Official immunity unaffected--Promulgation of rules.

36-5-21. Ethics committee--Immunity from liability--Conditions--Official immunity unaffected--Promulgation of rules.
The board may act as an ethics committee or may appoint other chiropractors licensed to practice in this state to perform such functions to maintain the professional standards of the board. No monetary liability on the part of, and no cause of action for damages may arise against any member of a duly appointed ethics committee for any act or proceeding undertaken or performed within the scope of the functions of the committee if the committee member acts without malice, has made a reasonable effort to obtain the facts of the matter on which the member acts, and acts in the reasonable belief that the action taken is warranted by the facts as known by the member after a reasonable effort to obtain the facts. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation.
The board may promulgate rules pursuant to chapter 1-26 governing the administration and enforcement of this section and the conduct of licensees, including:
(1)The purpose of the ethics committee;
(2)The composition of the ethics committee;
(3)The qualifications of the ethics committee;
(4)The procedure governing the conduct of investigations and hearings by the ethics committee; and
(5)The adoption of declaratory rules on ethical issues.
Source:
SL 2001, ch 200, §3; SL 2021, ch 173, § 29.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-22 - Criminal background investigation of applicants for licensure.

36-5-22. Criminal background investigation of applicants for licensure.
Each applicant for licensure as a chiropractor, 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 completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the board all information obtained as a result of the criminal background check. This information shall be obtained prior to permanent licensure of the applicant. The board may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the board. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation.
Source:
SL 2007, ch 212, §1; SL 2021, ch 173, § 30.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-24 - Application for certification as chiropractic assistant.

36-5-24. Application for certification as chiropractic assistant.
A chiropractic assistant seeking a certification of registration under this chapter shall complete and submit an application as prescribed by the board. The board may promulgate rules pursuant to chapter 1-26 to establish an annual registration fee, not to exceed one hundred dollars, from those persons registered as chiropractic assistants.
Source:
SL 2008, ch 192, §2; SL 2021, ch 173, § 32.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-25 - Minimum educational and training requirements--Continuing education requirements.

36-5-25. Minimum educational and training requirements--Continuing education requirements.
The board may promulgate rules pursuant to chapter 1-26 to establish minimum educational and training requirements and continuing education requirements to practice as a chiropractic assistant. The board may also require, or substitute, clinical experience in addition to, or in lieu of, educational and training requirements.
Source:
SL 2008, ch 192, §3; SL 2021, ch 173, § 33.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-26 - Out-of-state applicants.

36-5-26. Out-of-state applicants.
The board may register an applicant from outside the state whose education and training meet the qualifications established by the board.
Source:
SL 2008, ch 192, §4; SL 2021, ch 173, § 34.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-27 - Additional requirements for certification.

36-5-27. Additional requirements for certification.
The board may provide by rules promulgated pursuant to chapter 1-26, additional requirements for obtaining a chiropractic assistant certificate of registration.
Source:
SL 2008, ch 192, §5; SL 2021, ch 173, § 35.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-28 - Revocation or suspension of registration.

36-5-28. Revocation or suspension of registration.
The registration of a chiropractic assistant may be revoked or suspended upon violation of any section of this chapter or of any rule adopted by the board. All proceedings concerning the revocation or suspension of a registration shall conform to contested case procedure set forth in chapter 1-26.
Source:
SL 2008, ch 192, §6; SL 2021, ch 173, § 36.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 05 - Chiropractors › Section 36-5-29 - Unauthorized practice as chiropractic assistant--Misdemeanor.

36-5-29. Unauthorized practice as chiropractic assistant--Misdemeanor.
Any person who practices or attempts to practice as a chiropractic assistant without first having secured a certificate of registration from the board and an annual renewal is guilty of a Class 1 misdemeanor.
Source:
SL 2008, ch 192, §7; SL 2021, ch 173, § 37.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-1.1 - State Board of Dentistry--Members.

36-6A-1.1. State Board of Dentistry--Members.
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 shall be a dental hygienist in active practice in South Dakota at least five years.
Source:
SDC 1939, §27.0602; SL 1971, ch 213, §2; SL 1981, ch 275, §1; SL 1992, ch 269, §1; SDCL §36-6A-1; SL 2015, ch 199, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-3 - Appointment and term of lay member.

36-6A-3. Appointment and term of lay member.
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].
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-4 - Terms of office--Vacancies.

36-6A-4. Terms of office--Vacancies.
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 until a successor is appointed and qualified. The Governor shall, by appointment, fill any vacancy for the balance of the unexpired term. The Governor may stagger terms to enable the board to have different terms expire each year.
The terms of members shall begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term shall expire on October thirtieth in the third year of appointment.
Source:
SDC 1939, §27.0602; SL 1971, ch 213, §4; SL 1992, ch 269, §3; SL 2005, ch 199, §17; SL 2012, ch 16, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-5 - Officers of board.

36-6A-5. Officers of board.
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 2015, ch 199, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-6 - Board continued within Department of Health--Records and reports.

36-6A-6. Board continued within Department of Health--Records and reports.
The board shall continue within the Department of Health, and shall retain all its prescribed functions, including administrative functions. The board shall submit records, information, and reports in the form and at times required by the secretary of health. However, the board shall report at least annually.
Source:
SL 1973, ch 2, §56 (h); SL 1992, ch 269, §5; SL 2003, ch 272 (Ex. Ord. 03-1), §35; SL 2015, ch 199, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-7 - Acceptance of funds by board--Separate fund--Payments from fund--Expense limited by revenue.

36-6A-7. Acceptance of funds by board--Separate fund--Payments from fund--Expense limited by revenue.
The board may accept any funds which may be made available to it from any source. All funds received by the board shall be kept in a separate fund for the sole use and under the sole control of the board. Payments out of the fund shall be made only upon authorization by the president of the board or the secretary-treasurer thereof. The board may expend funds necessary for the board to administer and carry out the provisions of this chapter. No expense may be incurred by the board in excess of the revenue derived from all sources.
Source:
SDC 1939, §27.0603; SL 1971, ch 213, §6; SL 1992, ch 269, §6; SL 2015, ch 199, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-8 - Compensation of board members and secretary-treasurer--Expenditures.

36-6A-8. Compensation of board members and secretary-treasurer--Expenditures.
Out of the funds coming into the possession of the board, the board members may receive the compensation and reimbursement of expenses provided by law. The secretary-treasurer shall in addition thereto be paid a stipend approved by the board. The board may expend funds necessary for the board to administer and carry out the provisions of this chapter, the amount of the expenditures to be set by the board. Any member, if serving as a regional or national dental examiner, may receive compensation from the examining agency.
Source:
SDC 1939, §27.0603; SL 1971, ch 213, §7; SL 1981, ch 275, §2[4]; SL 1992, ch 269, §7; SL 2015, ch 199, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-9 - Affiliation with American Association of Dental Boards and testing agency--Dues--Meetings.

36-6A-9. Affiliation with American Association of Dental Boards and testing agency--Dues--Meetings.
The board may affiliate with the American Association of Dental Boards and any regional or national dental testing agency recognized by the board as active members, pay regular annual dues to the entities, and send members and agents of the board to the meetings of the entities. Each member and agent may receive the per diem and reimbursement of expenses provided by law for members of the board.
Source:
SDC 1939, §27.0603; SL 1971, ch 213, §8; SL 1992, ch 269, §8; SL 2015, ch 199, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-10 - Board meetings.

36-6A-10. Board meetings.
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.
Source:
SDC 1939, §27.0603; SL 1971, ch 213, §9; SL 1992, ch 269, §9; SL 2015, ch 199, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-11 - Quorum.

36-6A-11. Quorum.
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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-12 - Removal of member.

36-6A-12. Removal of member.
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, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-13 - Immunity from liability.

36-6A-13. Immunity from liability.
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 and suits against them with respect to matters to which this immunity applies.
Source:
SL 1981, ch 275, §7; SL 1992, ch 269, §12; SL 2015, ch 199, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-15 - Restrictions on rule-making power of board.

36-6A-15. Restrictions on rule-making power of board.
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 promotion or protection of the economic interests of licensees or registrants;
(4)Restricts the number of licensees or registrants for reasons other than their qualifications;
(5)Discriminates between programs approved under this chapter which train prospective licensees or registrants, whether in or out of the state.
Source:
SL 1992, ch 269, §14; SL 2015, ch 199, §13.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-40.1 - Hygienist requirements for preventative and therapeutic services under collaborative supervision.

36-6A-40.1. Hygienist requirements for preventative and therapeutic services under collaborative supervision.
A dental hygienist may provide preventive and therapeutic services under collaborative supervision of a dentist if the dental hygienist has met the following requirements:
(1)Possesses a license to practice in the state and has been actively engaged in the practice of clinical dental hygiene in two of the previous three years;
(2)Has a written collaborative agreement with a dentist; and
(3)Has satisfactorily demonstrated knowledge of medical and dental emergencies and their management; infection control; pharmacology; disease transmission; management of early childhood caries; and management of special needs populations.
Source:
SL 2011, ch 178, §1; SL 2015, ch 199, §44.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-40.2 - Evidence of hygienist requirements--Fee--Promulgation of rules.

36-6A-40.2. Evidence of hygienist requirements--Fee--Promulgation of rules.
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 a fee not to exceed thirty dollars. The board shall, by rules promulgated pursuant to chapter 1-26, establish the required fee, the minimum requirements for a collaborative agreement, the preventive and therapeutic services that may be performed, the location or facilities where services may be performed, and the evidence required to demonstrate the active practice and knowledge required pursuant to §36-6A-40.1.
Source:
SL 2011, ch 178, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-41 - Dentist responsible for dental hygienist or dental auxiliary--Differing levels of assistance based upon education.

36-6A-41. Dentist responsible for dental hygienist or dental auxiliary--Differing levels of assistance based upon education.
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 or dental auxiliary to perform only those acts which the dentist is authorized under this chapter to delegate to a dental hygienist or dental auxiliary. The acts shall be performed under supervision of a dentist. The board may permit differing levels of dental assistance based upon recognized educational standards, approved by the board, for the training of dental hygienists or dental auxiliaries.
Source:
SL 1971, ch 213, §35; SL 1981, ch 275, §30; SL 1984, ch 250, §7; SL 1992, ch 269, §52; SL 2015, ch 199, §45.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-43 - Dental technicians.

36-6A-43. Dental technicians.
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 inserted in the human oral cavity unless ordered by a dentist. Technicians may not provide intra-oral services to patients. A technician or dental laboratory shall maintain a record of work orders for a period of two years.
Source:
SL 1971, ch 213, §36; SL 1981, ch 275, §25; SL 1992, ch 269, §53; SL 2004, ch 247, §1; SL 2015, ch 199, §47.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries › Section 36-6A-44 - Criteria for license to practice dentistry.

36-6A-44. Criteria for license to practice dentistry.
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 a standardized national comprehensive examination approved by the board;
(3)The applicant has graduated from an American Dental Association Commission on Dental Accreditation accredited United States dental school, having obtained a doctor of dental medicine or a doctor of dental surgery degree;
(4)Within five years preceding the date of application, the applicant has passed a clinical regional or national examination approved by the board or a state examination or examinations that the board deems equivalent;
(5)The applicant has passed an examination concerning the state laws and rules relating to dentistry;
(6)The applicant has no disciplinary proceeding or unresolved disciplinary complaint pending before a dental board at the time a license is to be issued by the board; and
(7)The applicant provides references that indicate the applicant is of good moral character
The board may require a laboratory or clinical examination of any applicant if it has reason to believe the applicant cannot practice safely.
Any foreign-trained or any other graduate from a dental program not accredited by the American Dental Association Commission on Dental Accreditation may apply for a license to practice as a dentist. The board, by rule promulgated pursuant to chapter 1-26, shall establish requirements to reasonably ensure that an applicant's training and education are sufficient for licensure.
Source:
SDC 1939, §27.0606; SL 1965, ch 119; SL 1967, ch 97; SL 1971, ch 213, §20; SL 1981, ch 275, §15; SL 1992, ch 269, §33; SL 2015, ch 199, §48.