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.
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.