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 […]
36-6A-1.1. State Board of Dentistry–Members. The State Board of Dentistry shall consist of seven members. Five members shall be dentists in active practice in South Dakota for at least five years immediately preceding appointment. One member shall be a lay person and a resident of this state at least five years. One member shall be […]
36-6A-10. Board meetings. The board shall hold at least two meetings annually at times and places to be set by the board. The board may hold other meetings at a time and place set by the president or a majority of the board. A majority of the board may call a meeting, without the call […]
36-6A-11. Quorum. A majority of board members constitutes a quorum. A majority vote of those present shall constitute a decision of the entire board. Source: SL 1981, ch 275, §5; SL 1992, ch 269, §10; SL 2015, ch 199, §9.
36-6A-12. Removal of member. A member of the board may be removed from office for cause, or if physically or mentally unable to carry out the duties of a board member, or if found guilty of a violation of any provision of this chapter. Source: SL 1981, ch 275, §6; SL 1992, ch 269, §11; […]
36-6A-13. Immunity from liability. The board, its members, and its agents are immune from personal liability for actions taken in good faith in the discharge of the board’s duties. The state shall hold the board, its members, and its agents harmless from all costs, damages, and attorney fees arising from claims and suits against them […]
36-6A-14. Powers and duties of board. The board may: (1)Establish standards for, and promote, the safe and qualified practice of dentistry; (2)Conduct all disciplinary proceedings under this chapter; (3)Establish educational, training and competency standards governing the examination and practice of dentists and dental hygienists using national accrediting agencies and accepted nationally established standards if applicable; […]
36-6A-15. Restrictions on rule-making power of board. The board may not promulgate a rule which: (1)Is not authorized by this chapter or which does not relate to the protection of the public from unsafe dental practices; (2)Discriminates between licensees or registrants of the same class; (3)Has as its primary purpose the promotion or protection of […]
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 […]
36-6A-18. Assistance in enforcement–Expenditures–Employment of attorney. The board and its members and officers shall assist any person charged with the enforcement of this chapter, and the board, its members, agents, and officers shall furnish the person with evidence to assist in the prosecution of any violation or enforcement of this chapter, and the board may, […]
36-6A-19. Subpoena power of board–Administration of oaths. In all matters pending before it the board has the powers provided by §1-26-19.1. Source: SDC 1939 §27.0605; SL 1971, ch 213, §13; revised pursuant to SL 1972, ch 15, §4; SL 1992, ch 269, §20.
36-6A-20. Depositions. Any deposition may be taken as provided by §1-26-19.2. Source: SDCL 1967, §36-6-12 as added by SL 1971, ch 213, §13; revised pursuant to SL 1972, ch 15, §4; SL 1992, ch 269, §21.
36-6A-21.1. Inspection of premises–Confidentiality of records. Pursuant to a complaint concerning the health or safety of patients or the public, the board, or any of its members, officers, agents, or employees so authorized, may enter and inspect, during business hours, any place where dentistry is practiced for the purpose of enforcing this chapter. The inspection […]
36-6A-22. Complaints–Records–Investigation–Dismissal–Hearing–Appeal. The board shall receive complaints regarding the enforcement of this chapter. A record of each complaint shall be maintained by the board. An investigation shall be conducted by a member, or agent or an appointee of the board to determine whether an alleged violation has been committed. The investigator, if a member of […]
36-6A-22.1. Report of suspension or revocation of practice privilege by facility. Each facility licensed by the state where medicine or dentistry is practiced that suspends or revokes the privilege of a licensee of the board to practice dentistry therein for professional incompetence or unprofessional or dishonorable conduct as defined in this chapter shall report it […]
36-6A-22.2. Discovery–Evidence in contested case–Personal injury or wrongful death actions. Testimony or documentary evidence of any kind obtained during the investigation of a complaint is not subject to discovery or disclosure under chapter 15-6 or any other provision of law, and is not admissible as evidence in any legal proceeding, until such time as the […]
36-6A-23. Sanctions authorized for violation of chapter. The board may impose any of the following sanctions, singly or in combination, if it finds that a person, entity, licensee, registrant, or dental corporation has violated any provision of this chapter or any rule promulgated thereunder: (1)Revoke a license, registration, or permit for an indefinite period; (2)Suspend […]
36-6A-24. Summary suspension of license or registration–Grounds–Hearing–Appeal. The board may summarily suspend a license or registration in advance of a final adjudication or during the appeals process if the board finds that a licensee or registrant would represent a clear and immediate danger to the public health and safety if allowed to continue to practice. […]
36-6A-25. Reinstatement of suspended or revoked license or registration. Any licensee or registrant whose license or registration has been suspended or revoked may have a license or registration reinstated or a new license or registration may be issued when in the discretion of the board the action is warranted. The board may require the applicant […]
36-6A-27. Immunity from liability for acts of members of professional committees–Confidentiality of committee communications. There may be no monetary liability on the part of, and no cause of action for damages may arise against, any member of a duly appointed committee of a state or local professional society, comprised of dentists or dental hygienists, for […]
