Administrative Rule 20:43:08 | South Dakota Legislature

(1) "Certificate of competency" means a certificate attesting that an individual is qualified to perform expanded functions by having successfully completed a program as described in § 20:43:08:05;

(2) "Dental assistant" means a person who performs duties or procedures as authorized by this article that does not need to be registered or licensed with the board;

(3) "Expanded functions" means reversible procedures which require professional proficiency and specific training, performed under the direct supervision of a dentist;

(4) "Registered dental assistant," means a person registered as a registered dental assistant who is authorized to perform expanded functions under the direct supervision of a dentist as authorized by this article.

Source: 19 SDR 32, effective September 6, 1992; 42 SDR 19, effective August 17, 2015; 46 SDR 75, effective December 4, 2019.

General Authority: SDCL 36-6A-14.

Law Implemented: SDCL 36-6A-14, 36-6A-41.

Rule 20:43:08:02 Dental assistant -- Duties.

20:43:08:02. Dental assistant -- Duties. Subject to the supervising dentist exercising full responsibility, a dental assistant may perform duties or procedures incidental to patient care, including intraoral services or assisting in the performance of clinical or clinical-related duties, if the duties or procedures are performed under direct or indirect supervision of a dentist or personal supervision of a dental hygienist.

Subject to the supervising dentist exercising full responsibility, a dental assistant may perform the following duties or procedures if the supervising dentist is not present in the dental clinic, but has prior knowledge of and has authorized the performance:

(1) Making impressions or obtaining digital records for casts and appliances;

(2) Creating or delivering vacuum-formed orthodontic retainers;

(3) Taking photographs extraorally or intraorally;

(4) Cutting long or broken wires;

(5) Removing loose bands, clasps, or brackets on orthodontic appliances or retainers;

(6) Removing and replacing existing ligature ties and arch wires on orthodontic appliances;

(7) Removing existing and replacing lost or missing elastic orthodontic separators;

(8) Recementing existing provisional restorations;

(9) Manipulating dental software for designing restorations;

(10) Duties or procedures that involve infection control; and

(11) Taking vital signs and updating health history.

Source: 19 SDR 32, effective September 6, 1992; 46 SDR 75, effective December 4, 2019.

General Authority: SDCL 36-6A-14.

Law Implemented: SDCL 36-6A-14(1)(10), 36-6A-41.

Rule 20:43:08:02.01 Dental assistant -- Prohibited duties.

20:43:08:02.01. Dental assistant -- Prohibited duties. The following list of duties or procedures may not be performed by a dental assistant:

(1) Placing sealants;

(2) Placing nonsurgical retraction materials for gingival displacement;

(3) Fabricating provisional restorations;

(4) Using electronic instruments for caries detection;

(5) Adjusting dentures or partials;

(6) Intraoral use of rotary hand instruments or ultrasonic instruments;

(7) Any duty or procedure that falls outside of the relevant education, training, and experience of the dental assistant;

(8) Any procedure that cannot be performed by a registered dental assistant; and

(9) Other duties or procedures prohibited by the board.

Source: 46 SDR 75, effective December 4, 2019.

General Authority: SDCL 36-6A-14.

Law Implemented: SDCL 36-6A-14(1)(10), 36-6A-41.

20:43:08:03. Registered dental assistant -- Requirements. An applicant for a registration to practice as a registered dental assistant shall submit to the State Board of Dentistry:

(1) A completed application form and an application fee of forty-five dollars;

(2) A copy of the applicant’s birth certificate or equivalent documentation;

(3) Proof of one of the following:

(a) Graduation from an American Dental Association Commission on Dental Accreditation (CODA) accredited dental assisting program;

(b) Current certification as a Certified Dental Assistant through the Dental Assisting National Board, Inc.; or

(c) Completion of a program approved by the State Board of Dentistry pursuant to § 20:43:08:05 resulting in a registered dental assistant certificate of competency;

(4) A certified letter verifying the registration number and status of the registration from the board of dentistry in each state in which the applicant is or has been registered to perform expanded functions; and

(5) A copy of the applicant’s current, board approved cardiopulmonary resuscitation card from the American Heart Association for the Healthcare Provider, American Red Cross for the Professional Rescuer, or an equivalent program approved by the State Board of Dentistry.

Applicants who have completed a CODA accredited dental assisting program or obtained a certificate of competency must apply within five years of completion of the program or, if the program was completed more than five years prior to application, must have legally provided expanded functions within five years preceding application. The board may require written documentation verifying the current clinical proficiency of the applicant to perform expanded functions from a dentist who has employed or supervised the applicant within the five years prior to application.

The State Board of Dentistry may issue a registration to practice as a registered dental assistant to an applicant who is at least eighteen years of age and meets the requirements in this section. A registered dental assistant may perform expanded functions under the direct supervision of a dentist as authorized by this article.

Source: 19 SDR 32, effective September 6, 1992; 42 SDR 19, effective August 17, 2015; 46 SDR 75, effective December 4, 2019; 50 SDR 64, effective November 29, 2023.

General Authority: SDCL 36-6A-14(20), 36-6A-50(15).

Law Implemented: SDCL 36-6A-14(6)(7), 36-6A-41, 36-6A-50(15).

Rule 20:43:08:04 Knowledge of infection control and applicable Occupational Safety and Health Administration standards.

20:43:08:04. Knowledge of infection control and applicable Occupational Safety and Health Administration standards. Dental assistants and registered dental assistants must be knowledgeable in the following:

(1) Occupational Safety and Health Administration Hazard Communication Standard as outlined in 29 CFR §1910.1200 (May 25, 2012);

(2) Occupational Safety and Health Administration Bloodborne Pathogens Standard as outlined in 29 CFR §1910.1030 (April 3, 2012); and

(3) Centers for Disease Control and Prevention Guidelines for Infection Control in Dental Health Care Settings, 2003.

Source: 19 SDR 32, effective September 6, 1992; 46 SDR 75, effective December 4, 2019.

General Authority: SDCL 36-6A-14.

Law Implemented: SDCL 36-6A-14(1)(7), 36-6A-41.

Reference: Guidelines for Infection Control in Dental Health Care Settings, 2003, Center for Disease Control and Prevention. Copies may be obtained from the Center for Disease Control and Prevention free of charge at http://www.cdc.gov/.

Rule 20:43:08:05 Registered dental assistant training programs -- Application.

20:43:08:05. Registered dental assistant training programs -- Application. The board may approve a program of learning leading to a registered dental assistant certificate of competency if the program meets the following requirements:

(1) The program is conducted by an entity that administers an American Dental Association Commission on Dental Accreditation (CODA) accredited dental assisting program or has applied for and is completing the application process to obtain CODA accreditation for its dental assisting program; and

(2) The program verifies the competency of participants on areas generally included in the curriculum of a CODA accredited dental assisting program.

Application for approval of programs shall be made to the board.

Source: 19 SDR 32, effective September 6, 1992; 42 SDR 19, effective August 17, 2015; 46 SDR 75, effective December 4, 2019.

General Authority: SDCL 36-6A-14.

Law Implemented: SDCL 36-6A-14(7).

Rule 20:43:08:06 Repealed.

20:43:08:06. Certificate of competency -- Examination. Repealed.

Source: 19 SDR 32, effective September 6, 1992; 46 SDR 75, effective December 4, 2019.

Rule 20:43:08:07 Student exemption.

20:43:08:07. Student exemption. An individual who does not hold a registration to practice as a registered dental assistant may perform dental assisting duties or procedures and expanded functions, if the following requirements are met:

(1) The individual is enrolled in an American Dental Association Commission on Dental Accreditation accredited dental assisting program or board approved dental assisting educational program, and is performing the dental assisting duty, procedure, or expanded function under the auspices of that program;

(2) The duty, procedure, or expanded function is performed under the supervision of a faculty member of that program who is appropriately registered or licensed in the state where the program is located; and

(3) The faculty member authorizes the dental assisting duty, procedure, or expanded function to be performed, remains in the dental clinic while it is performed, and before dismissal of a patient, the faculty member approves the work that was performed.

Source: 19 SDR 32, effective September 6, 1992; repealed, 26 SDR 37, effective September 20, 1999; 46 SDR 75, effective December 4, 2019.

General Authority: SDCL 36-6A-14, 36-6A-33(2).

Law Implemented: SDCL 36-6A-14(7), 36-6A-33(2).

Rule 20:43:08:08 Repealed.

20:43:08:08. Application for registration. Repealed.

Source: 19 SDR 32, effective September 6, 1992; 46 SDR 75, effective December 4, 2019.

20:43:08:09. Registered dental assistant -- Renewal. Each person registered to practice as a registered dental assistant in this state shall annually renew a registration from the State Board of Dentistry by July first and display an annual registration certificate. Each person registered as a registered dental assistant shall maintain a current, board approved cardiopulmonary resuscitation card from the American Heart Association for the Healthcare Provider, the American Red Cross for the Professional Rescuer, or an equivalent program approved by the board. A registered dental assistant shall pay an annual registration fee of thirty-five dollars.

Source: 19 SDR 32, effective September 6, 1992; 38 SDR 172, effective April 25, 2012; 42 SDR 19, effective August 17, 2015; 45 SDR 35, effective September 19, 2018; 46 SDR 75, effective December 4, 2019; 50 SDR 64, effective November 29, 2023.

General Authority: SDCL 36-6A-14(20), 36-6A-50(17).

Law Implemented: SDCL 36-6A-14(6)(7), 36-6A-50(17).

Rule 20:43:08:09.01 Registered dental assistant -- Continuing education requirements.

20:43:08:09.01. Registered dental assistant -- Continuing education requirements. A registered dental assistant shall complete at least 60 hours of board approved continuing education in each five-year licensure cycle. One hour of continuing education may be earned for each hour of attendance at a board approved continuing education course.

Credit for nutrition continuing education is limited to 15 hours per five-year licensure cycle. Credit for practice management continuing education is limited to 10 hours per five-year licensure cycle. Credit for home study continuing education is limited to 30 hours per five-year licensure cycle. Credit for cardiopulmonary resuscitation continuing education is limited to 15 hours per five-year licensure cycle. Credit for clinical continuing education is unlimited per five-year licensure cycle. Up to five hours of clinical continuing education may be earned for attendance at exhibits at each state, regional, or national dental conference with a limit of 20 hours per five-year licensure cycle.

The board's continuing education guidelines shall be reviewed annually.

Source: Transferred from § 20:43:03:07.02, 45 SDR 35, effective September 19, 2018; 46 SDR 75, effective December 4, 2019.

General Authority: SDCL 36-6A-14, 36-6A-55.

Law Implemented: SDCL 36-6A-55..

Rule 20:43:08:10 Registered dental assistant -- Duties.

20:43:08:10. Registered dental assistant -- Duties. If the supervising dentist exercises full responsibility, a registered dental assistant may perform expanded functions under the direct supervision of a dentist.

A registered dental assistant may not perform the following procedures:

(1) Irreversible procedures;

(2) Cutting of hard or soft tissue;

(3) Using lasers that are capable of altering, cutting, burning or damaging hard or soft tissue;

(4) Intraoral placing, finishing, and adjusting of final restorations;

(5) Supra and subgingival scaling and periodontal probing as it pertains to dental hygiene and those procedures dental hygienists may perform as provided in SDCL 36-6A-40 and in § 20:43:04:04 with the exception of placing sealants and coronal polishing;

(6) Injecting medication other than as permitted in § 20:43:09:10.01;

(7) Administering nitrous oxide analgesia other than as permitted in § 20:43:09:06;

(8) Monitoring patients under general anesthesia, deep sedation, or moderate sedation other than as permitted in § 20:43:09:10;

(9) Applying X-radiation to human teeth and supporting structures other than as permitted in chapter 20:43:07;

(10) Establishing a final diagnosis or treatment plan;

(11) Any procedure that falls outside of the relevant education, training, and experience

of the registered dental assistant; and

(12) Other procedures prohibited by the board.

Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 118, effective March 24, 1988; transferred from § 20:43:04:05, 19 SDR 32, effective September 6, 1992; 42 SDR 19, effective August 17, 2015; 46 SDR 75, effective December 4, 2019.

General Authority: SDCL 36-6A-14, 36-6A-41.

Law Implemented: SDCL 36-6A-14(7)(10), 36-6A-41.

Rule 20:43:08:11 Repealed.

20:43:08:11. Procedures that may not be delegated. Repealed.

Source: 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:43:04:05.01, 19 SDR 32, effective September 6, 1992; 32 SDR 188, effective May 15, 2006; 42 SDR 19, effective August 17, 2015; 42 SDR 83, effective December 3, 2015; 46 SDR 75, effective December 4, 2019.

Online Archived History:

There are currently no online archives for this rule.