36-6A-1. Definitions.
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 and a dental hygienist authorizing the preventive and therapeutic services that may be performed by the dental hygienist under collaborative supervision;
(4)"Collaborative supervision," the supervision of a dental hygienist requiring a collaborative agreement between a supervising dentist and a dental hygienist;
(5)"Commercial dental laboratory," an enterprise engaged in making, providing, repairing, or altering oral prosthetic appliances and other artificial materials and devices which are returned to a dentist and inserted into the human oral cavity or which come in contact with its adjacent structures and tissues;
(6)"Complete evaluation," a comprehensive examination, review of medical and dental history, the formulation of a diagnosis, and the establishment of a written treatment plan, documented in a written or electronic record to be maintained by the dentist's clinic or other treatment facility or institution;
(7)"Dental," pertaining to dentistry;
(8)"Dental assistant," a person who, under the supervision of a dentist or dental hygienist, renders assistance as authorized by this chapter;
(9)"Dental auxiliary," any person, other than a dental hygienist, that works under the supervision of a dentist and provides dental services to a patient;
(10)"Dental corporation," any entity formed pursuant to chapter 47-12;
(11)"Dental hygienist," a person licensed as a dental hygienist pursuant to this chapter, who, under the supervision of a dentist, renders the diagnostic, preventive, or therapeutic dental services, and any educational services provided pursuant thereto, as authorized by this chapter, as well as any related extra-oral procedure required in the practice of those services;
(12)"Dental radiographer," a person registered as a dental radiographer pursuant to this chapter;
(13)"Dental radiography," the application of X-radiation to human teeth and supporting structures for diagnostic purposes only;
(14)"Dental specialist," a dentist in a specialty recognized by the board that has graduated from a postdoctoral specialty program recognized and approved by the American Dental Association Commission on Dental Accreditation;
(15)"Dental technician," a person performing acts authorized pursuant to this chapter, who, at the authorization of a dentist, makes, provides, repairs, or alters oral prosthetic appliances and other artificial materials and devices which are returned to a dentist and inserted into the human oral cavity or which come in contact with its adjacent structures and tissues;
(16)"Dentist," a person licensed as a dentist pursuant to this chapter;
(17)"Dentistry," the examination, evaluation, diagnosis, prevention, or treatment, including surgery and the prescribing of drugs, of diseases, disorders, or conditions of the human oral cavity or its adjacent or associated tissues and structures of the maxillofacial area, and their impact on the human body;
(18)"Direct supervision," the supervision of a dental hygienist or registered dental assistant requiring that a dentist diagnose the condition to be treated, a dentist authorize the procedure to be performed, a dentist remain in the dental clinic while the procedure is performed, and before dismissal of the patient a dentist approve the work performed by the dental hygienist or registered dental assistant;
(19)"Expanded functions," reversible procedures which require professional proficiency and specific training, performed under the direct supervision of a dentist;
(20)"General supervision," the supervision of a dental hygienist requiring that a dentist authorize the procedures to be carried out, and that the patient to be treated is a patient of record of the supervising dentist, or a dentist practicing within the same entity or clinic as the supervising dentist, and has had a complete evaluation within the previous thirteen months of the delegation of procedures. A written treatment plan contained within the patient's record shall accompany any authorization of treatment procedures;
(21)"Indirect supervision," the supervision of a dental hygienist or registered dental assistant requiring that a dentist authorize the procedures and a dentist be in the dental clinic while the procedures are performed by the registered dental assistant or dental hygienist;
(22)"Lay member," a person who is not a health professional, and who is not a parent, spouse, sibling, or child of a health professional or health professional student. For purposes of board membership, no person with a significant financial interest in a health service or profession may be a lay member;
(23)"Licensee," a dentist or dental hygienist;
(24)"Oral health review," a limited assessment of a person's oral health through a dentist's review of dental and medical history following a limited clinical inspection by a dental hygienist working under collaborative supervision;
(25)"Patient of record," a patient who has undergone a complete evaluation performed by a dentist;
(26)"Personal supervision," a level of supervision whereby the dentist or dental hygienist is personally treating a patient and authorizes the dental assistant to aid the treatment by concurrently performing a supportive procedure;
(27)"Practitioner," a dentist or dental hygienist;
(28)"Registered dental assistant," a person registered as a registered dental assistant pursuant to this chapter who is authorized to perform expanded functions under the direct supervision of a dentist as authorized by this chapter;
(29)"Registrant," a dental radiographer or registered dental assistant;
(30)"Satellite office," an office, building, or location used regularly by a dentist for the practice of dentistry other than the clinic listed as the primary clinic; and
(31)"Teledentistry," the practice of dentistry where the patient and the dentist are not in the same physical location, and which utilizes the exchange of clinical information and images over remote distances.
Source: SL 2015, ch 199, §1; SL 2016, ch 193, §1.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries
Section 36-6A-1 - Definitions.
Section 36-6A-1.1 - State Board of Dentistry--Members.
Section 36-6A-3 - Appointment and term of lay member.
Section 36-6A-4 - Terms of office--Vacancies.
Section 36-6A-5 - Officers of board.
Section 36-6A-6 - Board continued within Department of Health--Records and reports.
Section 36-6A-8 - Compensation of board members and secretary-treasurer--Expenditures.
Section 36-6A-10 - Board meetings.
Section 36-6A-12 - Removal of member.
Section 36-6A-13 - Immunity from liability.
Section 36-6A-14 - Powers and duties of board.
Section 36-6A-15 - Restrictions on rule-making power of board.
Section 36-6A-17 - Enforcement of chapter.
Section 36-6A-18 - Assistance in enforcement--Expenditures--Employment of attorney.
Section 36-6A-19 - Subpoena power of board--Administration of oaths.
Section 36-6A-20 - Depositions.
Section 36-6A-21.1 - Inspection of premises--Confidentiality of records.
Section 36-6A-22 - Complaints--Records--Investigation--Dismissal--Hearing--Appeal.
Section 36-6A-22.1 - Report of suspension or revocation of practice privilege by facility.
Section 36-6A-23 - Sanctions authorized for violation of chapter.
Section 36-6A-24 - Summary suspension of license or registration--Grounds--Hearing--Appeal.
Section 36-6A-25 - Reinstatement of suspended or revoked license or registration.
Section 36-6A-29 - Fraudulent or misleading advertising--Misdemeanor.
Section 36-6A-31 - License required to practice dentistry--Exclusive responsibility of dentists.
Section 36-6A-32.3 - Prescription or administration of drugs.
Section 36-6A-33 - Persons excluded from unauthorized practice or prohibited services provisions.
Section 36-6A-39 - Fee-splitting as misdemeanor--Partnerships and employment excepted.
Section 36-6A-40.2 - Evidence of hygienist requirements--Fee--Promulgation of rules.
Section 36-6A-43 - Dental technicians.
Section 36-6A-44 - Criteria for license to practice dentistry.
Section 36-6A-44.2 - Criteria for license to practice as dental hygienist.
Section 36-6A-47 - Criteria for license to practice dentistry for person licensed in another state.
Section 36-6A-47.2 - Certified translation of document.
Section 36-6A-48 - Issuance or renewal of license.
Section 36-6A-49 - Temporary registration for dentist or dental hygienist licensed in another state.
Section 36-6A-52 - Annual renewal of license or registration--Information and fee--Notice.
Section 36-6A-54 - Display of certificates.
Section 36-6A-55 - Proof of continuing education or continuing competency.
Section 36-6A-58 - Notice to board of change of name or address.
Section 36-6A-59.1 - Unprofessional or dishonorable conduct.
Section 36-6A-59.2 - Prohibited contracts.
Section 36-6A-60 - Proof of licensure or registration in prosecution for violation.