South Dakota Codified Laws
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.

Structure South Dakota Codified Laws

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-7 - Acceptance of funds by board--Separate fund--Payments from fund--Expense limited by revenue.

Section 36-6A-8 - Compensation of board members and secretary-treasurer--Expenditures.

Section 36-6A-9 - Affiliation with American Association of Dental Boards and testing agency--Dues--Meetings.

Section 36-6A-10 - Board meetings.

Section 36-6A-11 - Quorum.

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-22.2 - Discovery--Evidence in contested case--Personal injury or wrongful death actions.

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-27 - Immunity from liability for acts of members of professional committees--Confidentiality of committee communications.

Section 36-6A-28 - Unauthorized practice or representation as dentist or dental hygienist, radiographer, registered assistant, or specialist--Misdemeanor.

Section 36-6A-29 - Fraudulent or misleading advertising--Misdemeanor.

Section 36-6A-30 - Sale, offer, or advertising of dental services by unlicensed or unregistered person prohibited--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-32.4 - Performance of dental services outside scope of education, training, or experience prohibited.

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 - License required to practice dental hygiene--Supervision of preventive and therapeutic services.

Section 36-6A-40.1 - Hygienist requirements for preventative and therapeutic services under collaborative supervision.

Section 36-6A-40.2 - Evidence of hygienist requirements--Fee--Promulgation of rules.

Section 36-6A-41 - Dentist responsible for dental hygienist or dental auxiliary--Differing levels of assistance based upon education.

Section 36-6A-43 - Dental technicians.

Section 36-6A-44 - Criteria for license to practice dentistry.

Section 36-6A-44.1 - Criminal background investigation of applicants for licensure as dentist and licensees under disciplinary investigation--Fees.

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-47.1 - Criteria for license to practice as dental hygienist for person licensed in another state.

Section 36-6A-47.2 - Certified translation of document.

Section 36-6A-47.3 - Refusal to grant license or registration due to incompetence or unprofessional or dishonorable conduct.

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-49.1 - Temporary registration for applicant for license to practice as dentist or dental hygienist.

Section 36-6A-49.2 - Person practicing under temporary registration subject to board supervision and discipline.

Section 36-6A-49.3 - Teledentistry services to patient located in state is practice of dentistry in state.

Section 36-6A-49.4 - Teledentistry services to comply with chapter as if services provided in person.

Section 36-6A-49.5 - Chapter not applicable to dentist outside of state in consultation with in-state dentist.

Section 36-6A-50 - Fees.

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-57 - Reexamination on failure to comply with continuing education or competency requirements--Suspension of license.

Section 36-6A-58 - Notice to board of change of name or address.

Section 36-6A-59 - Disciplinary sanctions for professional incompetence, unprofessional or dishonorable conduct, or violation of chapter--Physical or mental examination.

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.