South Dakota Codified Laws
Chapter 06A - Dentists, Dental Hygienists And Dental Auxiliaries
Section 36-6A-59.1 - Unprofessional or dishonorable conduct.

36-6A-59.1. Unprofessional or dishonorable conduct.
The term, unprofessional or dishonorable conduct, as used in this chapter includes:
(1)Presenting to the board any license, certificate, or diploma which was obtained by fraud or deception practiced in passing a required examination or which was obtained by the giving of false statements or information on applying for the license;
(2)Illegally, fraudulently, or wrongfully obtaining a license or registration or renewal required by this chapter by the use of any means, devices, deceptions, or help in passing any examination or by making false statements or misrepresentations in any applications or information presented;
(3)Engaging in fraud or deception during the course of the applicant's education;
(4)Engaging in fraud or material deception in the course of professional services or activities;
(5)Conviction of a felony, conviction of a criminal offense arising out of the practice of dentistry, or conviction of a criminal offense involving moral turpitude;
(6)Allowing professional incompetence by a dental hygienist or dental auxiliary working under his or her supervision due to a deliberate or negligent act or acts or failure to act;
(7)Violating any provision of this chapter or any rule promulgated thereunder;
(8)Engaging in lewd or immoral conduct in connection with the delivery of dental services to a patient;
(9)Employing, assisting, or enabling in any manner an unlicensed person to practice as a dentist or dental hygienist or a person that does not hold a registration to practice as a registered dental assistant or dental radiographer;
(10)Assisting, enabling, or permitting a dental hygienist or dental auxiliary to perform any dental service other than those authorized by this chapter or any rule promulgated thereunder;
(11)Performing dental services other than those authorized by this chapter or any rule promulgated thereunder;
(12)Failure to maintain adequate safety and sanitary conditions for a dental clinic in accordance with the standards set forth in this chapter or any rule promulgated thereunder;
(13)Engaging in false or misleading advertising or advertising of a dental business or dental services in which untruthful or improbable statements are made or which are calculated to mislead or deceive the public;
(14)Except as permitted by chapter 47-12, dividing fees with, promising 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. Nothing in this subdivision prohibits dentists from forming a bona fide partnership for the practice of dentistry, nor the actual employment of a licensee or registrant;
(15)Substance use or drug addiction, calculated in the opinion of the board to affect the licensee's or registrant's practice of the profession;
(16)Prescribing intoxicants, narcotics, barbiturates, or other habit-forming drugs to any person in quantities and under circumstances making it apparent to the board that the prescription was not made for legitimate medicinal purposes related to the practice of dentistry or prescribing in a manner or in amounts calculated in the opinion of the board to endanger the well-being of an individual patient or the public in general;
(17)Continuing to practice after sustaining any physical or mental disability which renders the further practice of a licensee's or registrant's profession potentially harmful or dangerous;
(18)Failure to comply with state or federal laws on keeping records regarding possessing and dispensing of narcotics, barbiturates, and habit-forming drugs;
(19)Falsifying the dental records of a patient or any official record regarding possession and dispensing of narcotics, barbiturates, and habit-forming drugs or regarding any phase of dental treatment of a patient;

(20)The exercise of influence within the dentist-patient relationship for the purposes of engaging a patient in sexual activity. For the purposes of this subdivision, the patient is presumed incapable of giving free, full, and informed consent to sexual activity with the dentist;
(21)Engaging in sexual harassment;
(22)Providing or prescribing dental services or treatments which are inappropriate or unnecessary;
(23)Any practice or conduct which tends to constitute a danger to the health, welfare, or safety of the public or patients or engaging in conduct which is unbecoming of a dentist, dental hygienist, dental radiographer or registered dental assistant;
(24)Discipline by another state, territorial, or provincial licensing board or the licensing board of the District of Columbia if the violation is also a violation of this chapter or any rule promulgated thereunder;
(25)Not reporting to the board discipline by another state, territorial, or provincial licensing board or the licensing board of the District of Columbia; and
(26)Not reporting to the board a conviction of any criminal offense of the grade of felony, any conviction of a criminal offense arising out of the practice of dentistry, or one in connection with any criminal offense involving moral turpitude.

Source: SL 2015, ch 199, §73.

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