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.
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.