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ARTICLE 20:43

DENTISTS

Chapter

20:43:01            Administration.

20:43:02            Applications and examinations.

20:43:03            Licensing.

20:43:04            Authorized practice.

20:43:05            Professional conduct.

20:43:06            Corporate practice.

20:43:07            Dental radiography.

20:43:08            Dental assistants.

20:43:09            Anesthesia and analgesia.

20:43:10            Collaborative supervision.


Rule 20:43:01 ADMINISTRATION

CHAPTER 20:43:01

ADMINISTRATION

Section

20:43:01:01        Petition for declaratory rulings.

20:43:01:02        Agency action on petition for declaratory ruling.

20:43:01:03        Board meetings on rules or rulings.

20:43:01:04        Repealed.

20:43:01:05        Board hearings -- Procedure.


Rule 20:43:01:01 Petition for declaratory rulings.

          20:43:01:01.  Petition for declaratory rulings. Any person may petition the board to issue a declaratory ruling by filing a written request that contains the following information:

 

          (1)  The name and contact information of the person submitting the petition;

          (2)  The specific administrative rule, statute, or order in question;

          (3)  The facts and circumstances which give rise to the issue to be answered by the board's declaratory ruling;

          (4)  The precise issue to be answered by the board's declaratory ruling; and

          (5)  The signature of the person making the petition.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 43 SDR 16, effective August 15, 2016.

          General Authority: SDCL 1-26-15.

          Law Implemented: SDCL 1-26-15.

 

          Cross-Reference: Procedure to initiate rules, SDCL 1-26-13.

 


Rule 20:43:01:02 Agency action on petition for declaratory ruling.

          20:43:01:02.  Agency action on petition for declaratory ruling. After receiving a petition for a declaratory ruling, the board may request from the petitioner any additional information required for the issuance of a ruling. When necessary. the board shall set a hearing date when testimony can be given by parties of interest in the declaratory ruling. Unless the petitioner agrees to a longer period of time, the board shall issue a declaratory ruling within 90 days after the receipt of the petition, within 90 days following the receipt of further requested information, or within 45 days following a hearing held on the petition. The board's action on the petition is the final order of the board in the matter and starts the time running within which an appeal may be taken on its action.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 132, effective February 17, 1992; 43 SDR 16, effective August 15, 2016.

          General Authority: SDCL 1-26-15.

          Law Implemented: SDCL 1-26-15.

 


Rule 20:43:01:03 Board meetings on rules or rulings.

          20:43:01:03.  Board meetings on rules or rulings. The board may hold a meeting by telephone conference call to decide on any petitions filed pursuant to SDCL 1-26-13 or 1-26-15.

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-6A-14.

          Law Implemented: SDCL 1-26-13, 1-26-15.


Rule 20:43:01:04 Repealed.

          20:43:01:04.  Procedures in contested cases.Repealed.

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 13 SDR 23, effective September 3, 1986.


Rule 20:43:01:05 Board hearings -- Procedure.

          20:43:01:05.  Board hearings -- Procedure. A record of the hearing in a contested case shall be taken by court reporter or recording equipment.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 23, effective September 3, 1986; 18 SDR 132, effective February 17, 1992; 43 SDR 16, effective August 15, 2016.

          General Authority: SDCL 36-6A-14(2)(20).

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

 


CHAPTER 20:43:02

APPLICATIONS AND EXAMINATIONS

Section

20:43:02:01        Requirements for jurisprudence examinations.

20:43:02:01.01   Repealed.

20:43:02:02        Application for exams.

20:43:02:03        Repealed.

20:43:02:04        Repealed.

20:43:02:05        Repealed.


Rule 20:43:02:01 Requirements for jurisprudence examinations.

          20:43:02:01.  Requirements for jurisprudence examinations. An applicant for a license to practice as a dentist or dental hygienist must pass a written examination administered by the board on the relevant administrative rules and statutes. A score of 70 percent or higher is considered passing.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 11 SDR 73, effective November 27, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 132, effective February 17, 1992; 19 SDR 32, effective September 6, 1992; 20 SDR 166, effective April 11, 1994; 26 SDR 37, effective September 20, 1999; 27 SDR 57, effective December 12, 2000; 38 SDR 172, effective April 25, 2012; 43 SDR 16, effective August 15, 2016.

          General Authority: SDCL 36-6A-47(10), 36-6A-47.1(10).

          Law Implemented: SDCL 36-6A-47(10), 36-6A-47.1(10).

 


Rule 20:43:02:01.01 Repealed.

          20:43:02:01.01.  Requirements for dental hygiene license examinations. Repealed.

 

          Source: 18 SDR 132, effective February 17, 1992; 19 SDR 32, effective September 6, 1992; 20 SDR 166, effective April 11, 1994; 26 SDR 37, effective September 20, 1999; 27 SDR 57, effective December 12, 2000; repealed, 38 SDR 172, effective April 25, 2012.

 


Rule 20:43:02:02 Application for exams.

          20:43:02:02.  Application for exams. Each jurisprudence examination must be submitted to the board with the examination fee of $225 for a dentist or $115 for a dental hygienist.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 8 SDR 95, effective February 15, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 132, effective February 17, 1992; 20 SDR 166, effective April 11, 1994; 38 SDR 172, effective April 25, 2012; 43 SDR 16, effective August 15, 2016.

          General Authority: SDCL 36-6A-47(10), 36-6A-47.1(10), 36-6A-50(1)(2).

          Law Implemented: SDCL 36-6A-47(10), 36-6A-47.1(10), 36-6A-50(1)(2).

 


Rule 20:43:02:03 Repealed.

          20:43:02:03.  Content of exams. Repealed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 132, effective February 17, 1992; 20 SDR 166, effective April 11, 1994; 27 SDR 57, effective December 12, 2000; repealed, 38 SDR 172, effective April 25, 2012.

 


Rule 20:43:02:04 Repealed.

          20:43:02:04.  Required grade. Repealed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 23, effective September 3, 1986; 26 SDR 37, effective September 20, 1999; repealed, 38 SDR 172, effective April 25, 2012.

 


Rule 20:43:02:05 Repealed.

          20:43:02:05.  Reexamination. Repealed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 132, effective February 17, 1992; 20 SDR 166, effective April 11, 1994; 27 SDR 57, effective December 12, 2000; repealed, 38 SDR 172, effective April 25, 2012.

 


CHAPTER 20:43:03

LICENSING

Section

20:43:03:01        Applicants for license -- Requirements.

20:43:03:02        Repealed.

20:43:03:03        Repealed.

20:43:03:04        Requirements for licensure of dentists and dental hygienists by credential verification.

20:43:03:04.01   Requirements for foreign-trained dentists and dental hygienists.

20:43:03:04.02   Requirements for temporary registration of dentists and dental hygienists.

20:43:03:05        Repealed.

20:43:03:06        Certificate of registration -- Renewal fees.

20:43:03:07        Continuing education requirements -- Dentists.

20:43:03:07.01   Continuing education requirements -- Dental hygienists.

20:43:03:07.02   Continuing education requirements -- Registered dental assistants.

20:43:03:08        Repealed.

20:43:03:09        Repealed.

20:43:03:10        Repealed.

20:43:03:11        Lost or destroyed license -- Replacement.


Rule 20:43:03:01 Applicants for license -- Requirements.

          20:43:03:01.  Applicants for license -- Requirements. An applicant for a license to practice dentistry or dental hygiene must be a graduate of a dental or dental hygiene school accredited by the American Dental Association Commission on Dental Accreditation. The applicant shall submit the following:

 

          (1)  A completed application form and a fee of $150 for dentists and $100 for dental hygienists;

          (2)  A copy of the diploma or a certified letter from a dental or dental hygiene school official verifying that the applicant has graduated;

          (3)  A copy of the applicant's passing National Board Examination grades or certificate;

          (4)  A copy of the applicant's passing Central Regional Dental Testing Service examination or Western Regional Examining Board examination grades or certificate. The applicant must have passed the Central Regional Dental Testing Service or Western Regional Examining Board examination within the five years preceding application:

 

               (a)  If an applicant fails any part of the Central Regional Dental Testing Service examination or the Western Regional Examining Board examination twice, the applicant must receive remedial education from a school accredited by the American Dental Association Commission on Dental Accreditation before taking the regional examination a third time. An applicant who fails a third time is not eligible for licensure in South Dakota;

 

          (5)  A certified letter verifying the license number and status of such license from the Board of Dentistry in each state in which the applicant is or has been licensed, if applicable;

          (6)  A copy of the applicant's birth certificate;

          (7)  A recent notarized photograph; and

          (8)  A copy of the applicant's current cardiopulmonary resuscitation (CPR) card. The board accepts only the American Heart Association for the Healthcare Provider, the American Red Cross for the Professional Rescuer, or an equivalent program approved 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; 18 SDR 132, effective February 17, 1992; 20 SDR 166, effective April 11, 1994; 26 SDR 37, effective September 20, 1999; 27 SDR 57, effective December 12, 2000; 38 SDR 172, effective April 25, 2012.

          General Authority: SDCL 36-6A-14(3), 36-6A-44(3), 36-6A-50(13) and (14).

          Law Implemented: SDCL 36-6A-14(3), 36-6A-44(3).

 


Rule 20:43:03:02 Repealed.

          20:43:03:02.  Fee for certificate of registration. Repealed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 8 SDR 95, effective February 15, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 132, effective February 17, 1992; repealed, 38 SDR 172, effective April 25, 2012.

 


Rule 20:43:03:03 Repealed.

            20:43:03:03.  Reciprocity requirements -- Fees. Repealed.

 

            Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 8 SDR 95, effective February 15, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 18 SDR 132, effective February 17, 1992.

 


Rule 20:43:03:04 Requirements for licensure of dentists and dental hygienists by credential verification.

          20:43:03:04.  Requirements for licensure of dentists and dental hygienists by credential verification. To receive South Dakota licensure as a dentist or dental hygienist under credential verification, an applicant must meet the requirements of SDCL 36-6A-47. An applicant for a license to practice dentistry or dental hygiene must be a graduate of a dental or dental hygiene school accredited by the American Dental Association Commission on Dental Accreditation. In addition, the candidate shall submit the following at least 30 days before the board meeting:

 

          (1)  A completed application form and fee of $500 for dentists and $200 for dental hygienists;

 

          (2)  A physician's statement attesting to the applicant's physical and mental condition;

 

          (3)  A copy of the applicant's passing National Board Examination grades or certificate;

 

          (4)  A copy of the applicant's passing Regional Board Examination grades or certificate;

 

          (5)  A certified letter verifying the license number and status of such license from the board of dentistry in each state in which the applicant is or has been licensed;

 

          (6)  A copy of the diploma or a certified letter from a dental or dental hygiene school official verifying that the applicant has graduated;

 

          (7)  A copy of the applicant's birth certificate;

 

          (8)  A copy of the applicant's current cardiopulmonary resuscitation (CPR) card. The board accepts only the American Heart Association for the Healthcare Provider, the American Red Cross for the Professional Rescuer, or an equivalent program approved by the board; and

 

          (9)  A recent notarized photograph.

 

          If requested, an applicant for licensure by credential verification must appear for a personal interview conducted by the board on a date set by the board.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 8 SDR 95, effective February 15, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 32, effective September 6, 1992; 26 SDR 37, effective September 20, 1999; 38 SDR 172, effective April 25, 2012.

          General Authority: SDCL 36-6A-14(3), 36-6A-50(19).

          Law Implemented: SDCL 36-6A-47, 36-6A-50(19).

 

          Cross-References: Dentists, dental hygienists, and dental auxiliaries, SDCL ch 36-6A; Dental corporations, SDCL ch 47-12.

 


Rule 20:43:03:04.01 Requirements for foreign-trained dentists and dental hygienists.

          20:43:03:04.01.  Requirements for foreign-trained dentists and dental hygienists. A foreign-trained dentist or dental hygienist that has not graduated from a dental or dental hygiene school accredited by the American Dental Association Commission on Dental Accreditation must meet the following requirements:

 

          (1)  Meet all requirements of § 20:43:03:01 or 20:43:03:04 for a dentist or a dental hygienist; and

 

          (2)  In lieu of graduation from a dental or dental hygiene school accredited by the American Dental Association Commission on Dental Accreditation, the applicant must submit certification from a dental or dental hygiene school accredited by the American Dental Association Commission on Dental Accreditation stating that the applicant has been tested and received the training necessary for the school to certify, in writing, that the applicant is equal in knowledge and ability to a graduate of a dental or dental hygiene school accredited by the American Dental Association Commission on Dental Accreditation in the United States or Canada within the five years preceding the date of application.

 

          Source: 18 SDR 132, effective February 17, 1992; 26 SDR 37, effective September 20, 1999; 38 SDR 172, effective April 25, 2012.

          General Authority: SDCL 36-6A-14(3), 36-6A-44(4).

          Law Implemented: SDCL 36-6A-44(4), 36-6A-47.

 


Rule 20:43:03:04.02 Requirements for temporary registration of dentists and dental hygienists.

          20:43:03:04.02.  Requirements for temporary registration of dentists and dental hygienists. The board may issue a temporary registration for a specified period of time and location if an applicant meets all requirements of § 20:43:03:01 or 20:43:03:04 for a dentist or a dental hygienist and submits a fee of $50.

 

          Source: 18 SDR 132, effective February 17, 1992; 20 SDR 166, effective April 11, 1994; 38 SDR 172, effective April 25, 2012.

          General Authority: SDCL 36-6A-14(3), 36-6A-47, 36-6A-50(9).

          Law Implemented: SDCL 36-6A-47, 36-6A-49, 36-6A-50(9).

 


Rule 20:43:03:05 Repealed.

            20:43:03:05.  Requirements for licensure of hygienists by endorsement and qualification approval.Repealed.

            Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 8 SDR 95, effective February 15, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 19 SDR 32, effective September 6, 1992.


Rule 20:43:03:06 Certificate of registration -- Renewal fees.

          20:43:03:06.  Certificate of registration -- Renewal fees. Each person licensed to practice dentistry or dental hygiene in South Dakota must procure a certificate of registration from the board by July 1 each year. Dentists must pay an annual registration fee of $150 plus a continuing education fee of $20, and dental hygienists must pay an annual registration fee of $75 plus a continuing education fee of $20.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 8 SDR 95, effective February 15, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 164, effective May 10, 1987; 16 SDR 133, effective February 15, 1990; 38 SDR 172, effective April 25, 2012.

          General Authority: SDCL 36-6A-50(3), (4) and (7), 36-6A-52.

          Law Implemented: SDCL 36-6A-50(3), (4) and (7), 36-6A-52.

 

          Cross-Reference: Reinstatement of suspended or revoked license, SDCL 36-6A-25.

 


Rule 20:43:03:07 Continuing education requirements -- Dentists.

          20:43:03:07.  Continuing education requirements -- Dentists. A dentist must take 100 hours of board approved continuing education in each five-year licensure cycle. Twenty-five hours of the required one hundred hours must be university-based. A university-based course must be taken physically at a dental school accredited by the American Dental Association Commission on Dental Accreditation or the course presenter must be affiliated with a dental school accredited by the American Dental Association Commission on Dental Accreditation.

 

          A dentist must maintain a current cardiopulmonary resuscitation (CPR) card. The board accepts only the American Heart Association for the Healthcare Provider, the American Red Cross for the Professional Rescuer, or an equivalent program approved by the board.

 

          The remaining hours may be obtained in the following manner:

 

          (1)  Five hours of credit may be earned for each attendance at state, regional, and national meetings;

 

          (2)  One hour of credit may be earned for each hour of attendance at lectures or courses given at local, state, regional, or national dental meetings.

 

          Credit for nutrition is limited to 15 hours per five-year licensure cycle. Credit for practice management is limited to 10 hours per five-year licensure cycle. Credit for home study courses is limited to 30 hours per five-year licensure cycle. Credit for CPR is limited to 15 hours per five-year licensure cycle.

 

          Dentists holding a general anesthesia and deep sedation or moderate sedation permit must complete an additional 25 hours of continuing education in anesthesia related topics per five-year licensure cycle.

 

          Source: SL 1975, ch 16, § 1; 5 SDR 68, effective February 13, 1979; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 23, effective September 3, 1986; 18 SDR 132, effective February 17, 1992; 20 SDR 166, effective April 11, 1994; 26 SDR 37, effective September 20, 1999; 35 SDR 67, effective September 25, 2008; 37 SDR 131, effective January 6, 2011; 38 SDR 172, effective April 25, 2012.

          General Authority: SDCL 36-6A-14(1), 36-6A-55.

          Law Implemented: SDCL 36-6A-55.

 


Rule 20:43:03:07.01 Continuing education requirements -- Dental hygienists.

          20:43:03:07.01.  Continuing education requirements -- Dental hygienists. A dental hygienist must earn 75 hours of  board approved continuing education in each five-year licensure cycle.

 

          A dental hygienist must have documented at least five hours of continuing education in dental radiography per five-year licensure cycle which must meet the course requirements in § 20:43:07:10.

 

          A dental hygienist must maintain a current cardiopulmonary resuscitation (CPR) card. The board accepts only the American Heart Association for the Healthcare Provider, the American Red Cross for the Professional Rescuer, or an equivalent program approved by the board.

 

          The remaining hours may be earned in the following manner:

 

          (1)  Five hours of credit may be earned for each attendance at state, regional, and national meetings;

 

          (2)  One hour of credit may be earned for each hour of attendance at lectures or courses given at local, state, regional, or national dental meetings.

 

          Credit for nutrition is limited to 15 hours per five-year licensure cycle. Credit for practice management is limited to 10 hours per five-year licensure cycle. Credit for home study courses is limited to 30 hours per five-year licensure cycle. Credit for CPR is limited to 15 hours per five-year licensure cycle.

 

          Source: 13 SDR 23, effective September 3, 1986; 18 SDR 132, effective February 17, 1992; 20 SDR 18, effective August 16, 1993; 20 SDR 166, effective April 11, 1994; 26 SDR 37, effective September 20, 1999; 35 SDR 67, effective September 25, 2008; 38 SDR 172, effective April 25, 2012.

          General Authority: SDCL 36-6A-14(1), 36-6A-55.

          Law Implemented: SDCL 36-6A-55.

 


Rule 20:43:03:07.02 Continuing education requirements -- Registered dental assistants.

          20:43:03:07.02.  Continuing education requirements -- Registered dental assistants. Registered dental assistants must earn 60 hours of board approved continuing education in each five-year licensure cycle.

 

          Registered dental assistants must maintain a current cardiopulmonary resuscitation (CPR) card. The board accepts only the American Heart Association for the Healthcare Provider, the American Red Cross for the Professional Rescuer, or an equivalent program approved by the board.

 

          The remaining hours may be earned in the following manner:

 

          (1)  Five hours of credit may be earned for each attendance at state, regional, and national meetings;

 

          (2)  One hour of credit may be earned for each hour of attendance at lectures or courses given at local, state, regional, or national dental meetings.

 

          Credit for nutrition is limited to 15 hours per five-year licensure cycle. Credit for practice management is limited to 10 hours per five-year licensure cycle. Continuing education through home study courses is limited to 30 hours per five-year licensure cycle. Credit for CPR is limited to 15 hours per five-year licensure cycle.

 

          Source: 19 SDR 32, effective September 6, 1992; 20 SDR 166, effective April 11, 1994; 35 SDR 67, effective September 25, 2008; 38 SDR 172, effective April 25, 2012; 42 SDR 19, effective August 17, 2015.

          General Authority: SDCL 36-6A-14(1), 36-6A-55.

          Law Implemented: SDCL 36-6A-55.

 


Rule 20:43:03:08 Repealed.

            20:43:03:08.  Annual registration -- Active and inactive.Repealed.

            Source: SL 1975, ch 16, § 1; repealed, 6 SDR 87, effective March 2, 1980.


Rule 20:43:03:09 Repealed.

            20:43:03:09.  Inactive status -- Eligibility.Repealed.

            Source: SL 1975, ch 16, § 1; repealed, 6 SDR 87, effective March 2, 1980.


Rule 20:43:03:10 Repealed.

            20:43:03:10.  Return to active practice.Repealed.

            Source: SL 1975, ch 16, § 1; repealed, 6 SDR 87, effective March 2, 1980.


Rule 20:43:03:11 Lost or destroyed license -- Replacement.

            20:43:03:11.  Lost or destroyed license -- Replacement. A fee of $15 is required for replacement of a lost or destroyed license.

            Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 166, effective April 11, 1994.

            General Authority: SDCL 36-6A-14.

            Law Implemented: SDCL 36-6A-58.


CHAPTER 20:43:04

AUTHORIZED PRACTICE

Section

20:43:04:01        Recognized specialty practice  -- Qualifications.

20:43:04:02        Repealed.

20:43:04:03        Inspections for safety and sanitation.

20:43:04:04        Dental hygienist -- Practice -- Supervision.

20:43:04:05        Transferred.

20:43:04:05.01   Transferred.

20:43:04:06        Additional duties of dental hygienist.

20:43:04:07        Mobile office or unit--Authority to operate.

20:43:04:08        Transferred.

20:43:04:09        Transferred.

20:43:04:10        Transferred.

20:43:04:11        Transferred

20:43:04:12        Transferred.


Rule 20:43:04:01 Recognized specialty practice -- Qualifications.

          20:43:04:01.  Recognized specialty practice --  Qualifications. Dentists may advertise services in recognized specialty areas or advertise specialty practices if they have completed postdoctoral training which is recognized and approved by the American Dental Association Commission on Dental Accreditation. Only the following specialties are recognized by the Board of Dentistry:

 

          (1)  Dental public health;

          (2)  Endodontics;

          (3)  Oral and maxillofacial pathology;

          (4)  Oral and maxillofacial radiology

          (5)  Oral and maxillofacial surgery;

          (6)  Orthodontics and dentofacial orthopedics;

          (7)  Pediatric dentistry;

          (8)  Periodontics; and

          (9)  Prosthodontics.

 

          Dentists that meet the qualifications of this section must disclose in all advertisements the specialty area in which they practice. Dentists that do not meet the qualifications of this section must disclose in all advertisements that they are a general dentist. This disclaimer shall be clearly legible with print equal to or larger than the print advertising the service or clearly audible with speech volume and pace equal to the advertisement.

 

          This section does not apply to those dentists who began limiting their practices to a recognized specialty prior to April 20, 1972. Declaration to the public of a specialty practice or the inference of specialty status in any other area is a violation of SDCL 36-6A-29 and this section.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 11 SDR 73, effective November 27, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 132, effective February 17, 1992; 37 SDR 131, effective January 6, 2011.

          General Authority: SDCL 36-6A-14(1), 36-6A-28, 37-6A-29.

          Law Implemented: SDCL 36-6A-14.

 


Rule 20:43:04:02 Repealed.

          20:43:04:02.  Dental technician's written work order. Repealed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 32 SDR 188, effective May 15, 2006.

 


Rule 20:43:04:03 Inspections for safety and sanitation.

          20:43:04:03.  Inspections for safety and sanitation. The board may suspend or revoke any license issued, after opportunity for hearing as provided in SDCL 1-26, for failure of a dentist to maintain the dentist's entire dental office in a clean and sanitary condition without any accumulation of trash, debris, or filth. The dental office must be maintained in full compliance with all health requirements of the city or county, or both, in which it is located. The dentist must maintain the office in compliance with the Guidelines for Infection Control in Dental Health Care Settings, 2003, of the Center for Disease Control and Prevention. The dentist must permit inspection of the dental office at any time by anyone authorized by the board.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 10 SDR 75, effective January 23, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 132, effective February 17, 1992; 26 SDR 37, effective September 20, 1999; 38 SDR 172, effective April 25, 2012.

          General Authority: SDCL 36-6A-14(1).

          Law Implemented: SDCL 36-6A-59.

 

          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 20:43:04:04 Dental hygienist -- Practice -- Supervision.

          20:43:04:04.  Dental hygienist -- Practice --  Supervision. A licensed hygienist may practice dental hygiene as allowed by SDCL 36-6A-40 and may perform a hygienist's duties in a public or private institution under general supervision of a licensed dentist. A licensed dental hygienist may in addition perform preliminary examination of the oral cavity and surrounding structures, including periodontal screenings; complete prophylaxis; placement of sealants; and polishing of restorations. This section does not apply to licensed dental hygienists employed by the United States Public Health Service.

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 132, effective February 17, 1992.

          General Authority: SDCL 36-6A-14.

          Law Implemented: SDCL 36-6A-59.


Rule 20:43:04:05 Transferred.

          20:43:04:05.  Transferred to § 20:43:08:10.


Rule 20:43:04:05.01 Transferred.

          20:43:04:05.01.  Transferred to § 20:43:08:11.


Rule 20:43:04:06 Additional duties of dental hygienist.

          20:43:04:06.  Additional duties of dental hygienist. In addition to the duties prescribed in SDCL chapter 36-6A and § 20:43:04:04, a dental hygienist, under direct supervision of a dentist, may perform all services permitted other registered dental assistants and dental assistants.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 10 SDR 75, effective January 23, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 32, effective September 6, 1992; 26 SDR 37, effective September 20, 1999; 37 SDR 131, effective January 6, 2011; 42 SDR 19, effective August 17, 2015.

          General Authority: SDCL 36-6A-14(10).

          Law Implemented: SDCL 36-6A-40.

 


Rule 20:43:04:07 Mobile office or unit -- Authority to operate.

          20:43:04:07.  Mobile office or unit --  Authority to operate. Authorization to operate a mobile dental office or unit shall be secured from the Board of Dentistry.

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-6A-14.

          Law Implemented: SDCL 36-6A-14.


Rule 20:43:04:08 Transferred.

          20:43:04:08.  Transferred to §§ 20:43:09:01 and 20:43:09:03.


Rule 20:43:04:09 Transferred.

          20:43:04:09.  Transferred to § 20:43:09:11.


Rule 20:43:04:10 Transferred.

          20:43:04:10.  Transferred to § 20:43:09:01.


Rule 20:43:04:11 Transferred.

          20:43:04:11.  Transferred to § 20:43:09:04.


Rule 20:43:04:12 Transferred.

          20:43:04:12.  Transferred to § 20:43:09:05.


CHAPTER 20:43:05

PROFESSIONAL CONDUCT

Section

20:43:05:01       Repealed.

20:43:05:02       Repealed.

20:43:05:03       Repealed.

20:43:05:04       Repealed.

20:43:05:05       Repealed.

20:43:05:06       Repealed.

20:43:05:07       Repealed.

20:43:05:08       Repealed.


Rule 20:43:05:01 Repealed.

          20:43:05:01.  Advertising. Repealed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 9 SDR 49, effective October 25, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 43 SDR 16, effective August 15, 2016.

 


Rule 20:43:05:02 Repealed.

          20:43:05:02.  Office signs.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 87, effective March 2, 1980.


Rule 20:43:05:03 Repealed.

          20:43:05:03.  Announcement cards.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 87, effective March 2, 1980.


Rule 20:43:05:04 Repealed.

          20:43:05:04.  Professional cards.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 87, effective March 2, 1980.


Rule 20:43:05:05 Repealed.

          20:43:05:05.  Telephone listings.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 87, effective March 2, 1980.


Rule 20:43:05:06 Repealed.

          20:43:05:06.  Change in place of business.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 87, effective March 2, 1980.


Rule 20:43:05:07 Repealed.

          20:43:05:07.  Advertising -- Names.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 87, effective March 2, 1980.


Rule 20:43:05:08 Repealed.

          20:43:05:08.  Institutional advertising. Repealed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 43 SDR 16, effective August 15, 2016.

 


Rule 20:43:06 CORPORATE PRACTICE

CHAPTER 20:43:06

CORPORATE PRACTICE

Section

20:43:06:01        Application for registration.

20:43:06:02        Procedure after application.

20:43:06:03        Applicant required to pay expenses for special meeting.

20:43:06:04        Professional corporation -- Admitting shareholder.

20:43:06:05        Renewal of certificate of registration.


Rule 20:43:06:01 Application for registration.

          20:43:06:01.  Application for registration. Initial applications for registration for professional corporations must be in compliance with SDCL 47-12 and shall include the following:

          (1)  Name and address of the corporation;

          (2)  A copy of its certificate of incorporation;

          (3)  A copy of its articles of incorporation;

          (4)  A copy of the minutes of its organizational meeting;

          (5)  A registration fee of $100; and

          (6)  A sworn statement from the president stating that the corporation will not hold itself out to the public as possessing any skills or expertise not possessed by dentists in noncorporate practice.

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 37, effective September 20, 1999.

          General Authority: SDCL 36-6A-14.

          Law Implemented: SDCL 47-12-7.


Rule 20:43:06:02 Procedure after application.

          20:43:06:02.  Procedure after application. Applicants for registration shall be afforded the following:

 

          (1)  The opportunity to consult with the board informally when appropriate to attempt to resolve conflicts on issues;

          (2)  Notice of hearing and fair opportunity to prepare for it; and

          (3)  A disinterested and objective decision supported by substantial evidence from the record.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-6A-14.

          Law Implemented: SDCL 47-12-8.

 


Rule 20:43:06:03 Applicant required to pay expenses for special meeting.

          20:43:06:03.  Applicant required to pay expenses for special meeting. A request for action prior to the quarterly board meeting shall require agreement to pay all additional expenses incurred by that action.

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-6A-14.

          Law Implemented: SDCL 47-12-7.


Rule 20:43:06:04 Professional corporation -- Admitting shareholder.

          20:43:06:04.  Professional corporation --  Admitting shareholder. Whenever a professional corporation intends to admit to the corporation a new shareholder or member, the corporation shall, at least 30 days prior to the action, notify the board in writing of its intention, indicating the identity, licensure status, and residence address of the proposed shareholder or member.

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-6A-14.

          Law Implemented: SDCL 47-12-8.


Rule 20:43:06:05 Renewal of certificate of registration.

          20:43:06:05.  Renewal of certificate of registration. Each registered corporation shall submit, on or before December 31 of each year, an application for renewal of its certificate of registration. The application shall be accompanied by the required renewal fee of $25.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 38 SDR 172, effective April 25, 2012.

          General Authority: SDCL 47-12-12.

          Law Implemented: SDCL 47-12-12.

 


Rule 20:43:07 DENTAL RADIOGRAPHY

CHAPTER 20:43:07

DENTAL RADIOGRAPHY

Section

20:43:07:01        Definition of terms.

20:43:07:02        Minimum eligibility requirements.

20:43:07:03        Training requirements.

20:43:07:04        Repealed.

20:43:07:05        Qualification by endorsement.

20:43:07:06        Approval of programs -- Application.

20:43:07:07        Application for registration.

20:43:07:08        Examination and proficiency evaluation.

20:43:07:09        Fee for certificate of registration -- Renewal.

20:43:07:10        Continuing education requirements.

20:43:07:11        License registration.

20:43:07:12        Prohibited use of radiation.

20:43:07:13        General safety provisions to protect persons from radiation exposures.

20:43:07:14        Requirements of x-ray film processing and darkroom.


Rule 20:43:07:01 Definition of terms.

          20:43:07:01.  Definition of terms. Terms used in this chapter mean:

          (1)  "Dental radiography," the application of X-radiation to human teeth and supporting structures for diagnostic purposes only;

          (2)  "Approved program or course of study," didactic and clinical training that meets the requirements specified in § 20:43:07:03;

          (3)  "Clinical experience," direct and personal participation of a student in radiographic procedures incident to patient diagnosis;

          (4)  "Student," a person enrolled in or participating in an approved program or course of study.

          Source: 11 SDR 73, effective November 27, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-6A-14, 36-6A-21.

          Law Implemented: SDCL 36-6A-14, 36-6A-21.


Rule 20:43:07:02 Minimum eligibility requirements.

          20:43:07:02.  Minimum eligibility requirements. The minimum requirements for a dental radiographer are graduation from high school or its equivalent and attainment of eighteen years of age.

          Source: 11 SDR 73, effective November 27, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 32, effective September 6, 1992.

          General Authority: SDCL 36-6A-14.

          Law Implemented: SDCL 36-6A-14.


Rule 20:43:07:03 Training requirements.

          20:43:07:03.  Training requirements. An applicant for registration as a dental radiographer must have successfully completed a 16-hour board approved program or course of study within six months of application in dental radiography which includes the following training:

          (1)  Practice in placement techniques and exposing radiographs on a training manikin;

          (2)  Fundamentals of radiation safety: characteristics of radiation, unit of radiation measurement, hazards of exposure to radiation, levels of radiation from source, and methods of controlling radiation dose;

          (3)  Familiarization with equipment: identification of controls, function of each control, how each control affects the radiographic image, and the requirements for and use of a technique chart;

          (4)  Film processing: film speed as it relates to patient exposure, film processing with automatic processors, manual film processing, factors affecting film processing quality, and identification of common errors in processing;

          (5)  Anatomy and positioning relative to scope of practice to include patient preparation and correct method for performing procedures and identification of common technique errors; and

          (6)  Familiarization with federal and state regulations pertaining to services offered.

          Source: 11 SDR 73, effective November 27, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 37, effective September 20, 1999.

          General Authority: SDCL 36-6A-14, 36-6A-21.

          Law Implemented: SDCL 36-6A-14, 36-6A-21.


Rule 20:43:07:04 Repealed.

          20:43:07:04.  Exemptions to training requirements.Repealed.

          Source: 11 SDR 73, effective November 27, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 26 SDR 37, effective September 20, 1999.


Rule 20:43:07:05 Qualification by endorsement.

          20:43:07:05.  Qualification by endorsement. A person who has a current certificate in dental radiography issued by another state, jurisdiction, agency, or recognized professional registry may, upon presentation of the certificate to the board, be considered to meet the requirements of §20:43:07:08 provided that the board finds that the standards and procedures for qualification in the state, jurisdiction, agency, or recognized professional registry which issued the certificate are equivalent to the standards in this chapter.

          Source: 11 SDR 73, effective November 27, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-6A-14, 36-6A-21.

          Law Implemented: SDCL 36-6A-14, 36-6A-21.


Rule 20:43:07:06 Approval of programs -- Application.

          20:43:07:06.  Approval of programs -- Application. A program of learning may be approved by the board if the program meets the following requirements:

          (1)  It constitutes an organized program of learning which contributes to the proficiency and skills of an individual operating radiation emitting equipment or otherwise engaged in dental radiography;

          (2)  It is conducted by individuals who are qualified by special education, training, and experience to conduct the program in dental radiography; and

          (3)  It meets the requirements in § 20:43:07:03.

          Application for approval of a program of learning shall be made to the board.

          Source: 11 SDR 73, effective November 27, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority: SDCL 36-6A-14, 36-6A-21.

          Law Implemented: SDCL 36-6A-14, 36-6A-21.


Rule 20:43:07:07 Application for registration.

          20:43:07:07.  Application for registration. Each person desiring to engage in dental radiography except a licensed dentist or dental hygienist shall apply for registration to the board prior to engaging in dental radiography. The application shall be made on a form furnished by the board and shall be filled out completely. The application shall contain a statement that the requirements of this chapter of rules have been read and understood by the applicant and shall document the training, experience, and education that qualify the applicant to engage in dental radiography.

          Source: 11 SDR 73, effective November 27, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 132, effective February 17, 1992.

          General Authority: SDCL 36-6A-14, 36-6A-50.

          Law Implemented: SDCL 36-6A-14.


Rule 20:43:07:08 Examination and proficiency evaluation.

          20:43:07:08.  Examination and proficiency evaluation. An applicant for registration as a dental radiographer must pass a written examination administered by the board or the Dental Assisting National Board or any substantially similar test approved by the board.

          An applicant must complete the hands-on film placement and exposure as specified in § 20:43:07:03(1).

          Source: 11 SDR 73, effective November 27, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 132, effective February 17, 1992; 26 SDR 37, effective September 20, 1999.

          General Authority: SDCL 36-6A-14.

          Law Implemented: SDCL 36-6A-14, 36-6A-21.


Rule 20:43:07:09 Fee for certificate of registration -- Renewal.

          20:43:07:09.  Fee for certificate of registration -- Renewal. When an applicant successfully passes the examination, the board shall issue a certificate of registration upon payment of a fee of $40 for initial registration. By July 1 of each year a dental radiographer shall submit a renewal fee of $20. The registrant shall display the registration in the office.

 

          Source: 11 SDR 73, effective November 27, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 38 SDR 172, effective April 25, 2012.

          General Authority: SDCL 36-6A-14(6), 36-6A-50(10) and (16).

          Law Implemented: SDCL 36-6A-14(6), 36-6A-50(10) and (16).

 


Rule 20:43:07:10 Continuing education requirements.

          20:43:07:10.  Continuing education requirements. A dental hygienist or any person certified in dental radiography must earn continuing education which shall include radiation safety, equipment operation, film processing, emergency procedures, anatomy and positioning of relevant procedures, radiographic quality assurance, correcting and identifying technique and processing errors, and recognition and identification of radiographic information, such as procedures for enhancing interpretation of radiographic information including disease. A dental hygienist or a person who is certified in dental radiography must have documented at least five hours of continuing education in dental radiography in a five-year period. Documentation of the training must include dates, the name of the instructor, and the subjects covered.

 

          Source: 26 SDR 37, effective September 20, 1999; 32 SDR 188, effective May 15, 2006.

          General Authority: SDCL 36-6A-14(1), 36-6A-21.

          Law Implemented: SDCL 36-6A-14(1), 36-6A-21, 36-6A-55.

 


Rule 20:43:07:11 License registration.

          20:43:07:11.  License registration. An annual license granted by the Department of Health is required to house dental radiographic machines in a dental office. The location, number, and type of machine shall be reported on forms supplied by the Department of Health. The licensee shall notify the Department of Health in writing within 30 days after any change in the location or other information about radiography machines, devices, or other radiation sources.

          Source: 26 SDR 37, effective September 20, 1999.

          General Authority: SDCL 36-6A-14.

          Law Implemented: SDCL 36-6A-14.


Rule 20:43:07:12 Prohibited use of radiation.

          20:43:07:12.  Prohibited use of radiation. Only persons who are certified in dental radiography or are licensed dentists or dental hygienists shall operate radiography machines. The following precautions shall be taken:

          (1)  No person may be exposed to the useful beam except for dental purposes and only if exposure has been authorized by a licensed dentist. No person may be exposed to the useful beam for non-healing arts training, instruction, or demonstration;

          (2)  Dental intraoral radiography with kilovoltage less than 60kVp may not be used;

          (3)  The exposure switch shall be arranged so that operator can stand at least 6 feet from the useful beam unless sufficient shielding is provided to protect the operator from stray radiation;

          (4)  The target to skin distance shall be at seven inches and the machine may not have a pointed cone.

          Source: 26 SDR 37, effective September 20, 1999.

          General Authority: SDCL 36-6A-14.

          Law Implemented: SDCL 36-6A-14.


Rule 20:43:07:13 General safety provisions to protect persons from radiation exposures.

          20:43:07:13.  General safety provisions to protect persons from radiation exposures. The following safety provisions shall be followed to protect persons from radiation exposures:

          (1)  Any person operating an x-ray machine must be instructed in the proper procedures for patient and operator safety and shall be competent in the safe use of the equipment commensurate with the size, scope, and nature of the service. Any such person shall be instructed and demonstrate competence in subjects outlined in § 20:43:07:03;

          (2)  A manual must be provided in the vicinity of the control panel of each machine that specifies the routine views for all procedures done with each machine; and

          (3)  The patient's record shall contain the type of radiographic examination, date the examination was performed, and the identity of the machine operator.

          Source: 26 SDR 37, effective September 20, 1999.

          General Authority: SDCL 36-6A-14.

          Law Implemented: SDCL 36-6A-14.


Rule 20:43:07:14 Requirements of x-ray film processing and darkroom.

          20:43:07:14.  Requirements of x-ray film processing and darkroom. A dental office using radiographic x-ray machines shall have available suitable equipment for handling and processing radiographic film in accordance with the manufacturer's directions.

          Source: 26 SDR 37, effective September 20, 1999.

          General Authority: SDCL 36-6A-14.

          Law Implemented: SDCL 36-6A-14.


CHAPTER 20:43:08

DENTAL ASSISTANTS

Section

20:43:08:01        Definitions.

20:43:08:02        Dental assistant -- Requirements.

20:43:08:03        Registered dental assistant -- Requirements.

20:43:08:04        Qualifications by endorsement.

20:43:08:05        Approval of programs -- Application.

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

20:43:08:07        Repealed.

20:43:08:08        Application for registration.

20:43:08:09        Fee for registration -- Renewal.

20:43:08:10        Delegation of duties -- Supervision.

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


Rule 20:43:08:01 Definitions.

          20:43:08 :01.  Definitions. Terms used in this chapter mean:

 

          (1)  "Registered dental assistant," 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;

 

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

 

          (3)  "Certificate of competency," a certificate attesting that a dental assistant is qualified to perform expanded functions by successfully completing a registered dental assistant examination as described in § 20:43:08:06.

 

          Source: 19 SDR 32, effective September 6, 1992; 42 SDR 19, effective August 17, 2015.

          General Authority: SDCL 36-6A-14, 36-6A-26.

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

 


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

          20:43:08:02.  Dental assistant -- Requirements. The minimal requirements for a dental assistant are graduation from high school or its equivalent and attainment of eighteen years of age.

          Source: 19 SDR 32, effective September 6, 1992.

          General Authority: SDCL 36-6A-14.

          Law Implemented: SDCL 36-6A-14.


Rule 20:43:08:03 Registered dental assistant -- Requirements.

          20:43:08 :03.  Registered dental assistant -- Requirements. In addition to the minimum requirements in § 20:43:08:02, a registered dental assistant must meet one of the following requirements:

 

          (1)  Successfully complete a dental assisting program approved by the board pursuant to § 20:43:08:05;

          (2)  Hold current credentials as a nationally certified dental assistant; or

          (3)  Hold a certificate of competency from the board.

 

          Source: 19 SDR 32, effective September 6, 1992; 42 SDR 19, effective August 17, 2015.

          General Authority: SDCL 36-6A-14.

          Law Implemented: SDCL 36-6A-41, 36-6A-42.

 


Rule 20:43:08:04 Qualifications by endorsement.

          20:43:08:04.  Qualifications by endorsement. A person who has a current certificate to perform expanded functions issued by another state, jurisdiction, agency, or recognized professional registry may, upon presentation of the certificate to the board be considered to meet the requirements of § 20:43:08:03 if the board finds that the standards and procedures for qualification in the state, jurisdiction, agency, or recognized professional registry which issued the certificate are equivalent to the standards of this chapter.

          Source: 19 SDR 32, effective September 6, 1992.

          General Authority: SDCL 36-6A-14.

          Law Implemented: SDCL 36-6A-14, 36-6A-41, 36-6A-42.


Rule 20:43:08:05 Approval of programs -- Application.

          20:43:08 :05.  Approval of programs -- Application. A program of learning leading to a certificate of competency or registration as a registered dental assistant as required by § 20:43:08:03 may be approved by the board if the program meets the following standards:

 

          (1)  It constitutes an organized program of learning which contributes to the proficiency and skills of the individual in training to become registered as a registered dental assistant performing expanded functions; and

 

          (2)  It is conducted by individuals who are qualified by special education, training, and experience to conduct the program of learning in expanded functions.

 

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

 

          Source: 19 SDR 32, effective September 6, 1992; 42 SDR 19, effective August 17, 2015.

          General Authority: SDCL 36-6A-14.

          Law Implemented: SDCL 36-6A-14.

 


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

          20:43:08:06.  Certificate of competency -- Examination. An applicant for a certificate of competency must pass a written examination on expanded functions administered by the board or the dental assisting national board or any substantially similar test. The applicant must also present to the board written documentation from a South Dakota dentist attesting to the clinical proficiency of the applicant who has performed expanded functions under personal supervision of the dentist for at least 180 days. The passing grade for the examination is 75.

          Source: 19 SDR 32, effective September 6, 1992.

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

          Law Implemented: SDCL 36-6A-14, 36-6A-42.


Rule 20:43:08:07 Repealed.

          20:43:08:07.  Exemption to training requirements.Repealed.

          Source: 19 SDR 32, effective September 6, 1992; repealed, 26 SDR 37, effective September 20, 1999.


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

          20:43:08:08.  Application for registration. Each person desiring to engage in performing expanded functions, except a licensed dentist or dental hygienist, shall apply for registration to the board before engaging in such expanded functions. The application shall be made on a form furnished by the board and shall be filled out completely. The application shall contain a statement that the requirements of this chapter has been read and understood by the applicant and shall document the training, experience, and education that qualify the applicant to engage in performing expanded functions.

          Source: 19 SDR 32, effective September 6, 1992.

          General Authority: SDCL 36-6A-14, 36-6A-41, 36-6A-42.

          Law Implemented: SDCL 36-6A-14, 36-6A-41, 36-6A-42.


Rule 20:43:08:09 Fee for registration -- Renewal.

          20:43:08 :09.  Fee for registration -- Renewal. If an applicant meets the requirements of § 20:43:08:03, the board  shall issue a registration as a registered dental assistant upon payment of a fee of $40 for initial registration. By July 1 of each year, a registered dental assistant shall submit a renewal fee of $20. A registered dental assistant shall display the registration in the office.

 

          Source: 19 SDR 32, effective September 6, 1992; 38 SDR 172, effective April 25, 2012; 42 SDR 19, effective August 17, 2015.

          General Authority: SDCL 36-6A-14(7), 36-6A-50(15) and (17).

          Law Implemented: SDCL 36-6A-14(7), 36-6A-50(15) and (17).

 


Rule 20:43:08:10 Delegation of duties -- Supervision.

          20:43:08 :10.  Delegation of duties -- Supervision. Subject to the dentist exercising full responsibility, a dental assistant may perform duties and procedures incidental to patient treatment while under the direct or indirect supervision of a licensed dentist or under personal supervision of a licensed dental hygienist. A registered dental assistant may perform expanded function procedures only under the direct supervision of a dentist.

 

          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.

          General Authority: SDCL 36-6A-14, 36-6A-26.

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

 


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

          20:43:08 :11.  Procedures that may not be delegated. The following list of procedures may not be delegated by a dentist or dental hygienist to either a dental assistant or a registered dental assistant:

 

          (1)  The cutting of hard or soft tissue;

          (2)  Intraoral procedures that will be used directly in the fabrication of a dental prosthesis;

          (3)  Irreversible procedures;

          (4)  The injection of medication other than as permitted in § 20:43:09:10.01;

          (5)  The administration of nitrous oxide analgesia other than as permitted in § 20:43:09:06;

          (6)  The placing, finishing, and adjusting of final restorations; and

          (7)  Those procedures allocated by SDCL 36-6A-40 and by §§ 20:43:04:04 and 20:43:04:06 to dental hygienists with the exception of placement of sealants and coronal polishing following a prophylaxis by a dentist or dental hygienist.

 

          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.

          General Authority: SDCL 36-6A-14(10)(13).

          Law Implemented: SDCL 36-6A-14(10)(13).

 


CHAPTER 20:43:09

ANESTHESIA AND ANALGESIA

Section

20:43:09:01        Definitions.

20:43:09:02        Prohibitions.

20:43:09:03        General anesthesia and deep sedation permit requirements.

20:43:09:04        Moderate sedation permit requirements.

20:43:09:04.01   Employing or contracting with licensed anesthesia provider that provides general anesthesia, deep sedation, or moderate sedation in dental office.

20:43:09:04.02   Utilizing licensed anesthesia provider for general anesthesia and deep sedation or moderate sedation in ambulatory surgery center or hospital.

20:43:09:05        Nitrous oxide inhalation analgesia permit requirements -- Dentists.

20:43:09:06        Nitrous oxide inhalation analgesia permit requirements -- Dental hygienists and registered dental assistants.

20:43:09:06.01   Local anesthesia permit requirements -- Dental hygienists.

20:43:09:06.02   Minimal sedation.

20:43:09:07        Noncompliance.

20:43:09:08        Application for permits -- Renewal.

20:43:09:09        Reports of adverse conditions.

20:43:09:10        Permit requirements to monitor patients under general anesthesia, deep sedation, or moderate sedation.

20:43:09:10.01   Delegation of injection of medication.

20:43:09:10.02   Injecting medication.

20:43:09:11        Inspection of facilities.

20:43:09:12        Requirements of inspection.

20:43:09:13        Equipment -- Moderate sedation.

20:43:09:13.01   Equipment -- General anesthesia and deep sedation.

20:43:09:14        Clinical guidelines.

20:43:09:15        Intravenous line.

20:43:09:16        Anesthesia credentials committee.


Rule 20:43:09:01 Definitions.

          20:43:09:01.  Definitions. Terms used in this chapter mean:

 

          (1)  "Minimal sedation," a minimally depressed level of consciousness, produced by a single enteral drug administered in a dose appropriate for the unsupervised treatment of anxiety, insomnia, or pain that does not exceed the maximum recommended dose. Incremental dosing may be utilized. Patient retains the ability to independently and continuously maintain an airway and respond normally to tactile stimulation and verbal command. Although cognitive function and coordination may be modestly impaired, ventilatory and cardiovascular functions are unaffected;

 

          (2)  "Nitrous oxide inhalation analgesia," the administration by inhalation of a combination of nitrous oxide and oxygen producing an altered level of consciousness that retains the patient's ability to independently and continuously maintain an airway and respond purposefully to physical or verbal command;

 

          (3)  "Moderate sedation," a drug-induced depression of consciousness during which patients respond purposefully to verbal commands, either alone or accompanied by light tactile stimulation. Reflex withdrawal from a painful stimulus is not considered a purposeful response. No interventions are required to maintain a patent airway and spontaneous ventilation is adequate. Cardiovascular function is usually maintained. Moderate sedation can be administered either orally or parenterally;

 

          (4)  "Deep sedation," a drug-induced depression of consciousness during which patients cannot be easily aroused but respond purposefully following repeated or painful stimulation. The ability to maintain ventilatory function independently may be impaired. Reflex withdrawal from a painful stimulus is not considered a purposeful response. Patients may require assistance in maintaining a patent airway, and spontaneous ventilation may be inadequate. Cardiovascular function is usually maintained;

 

          (5)  "General anesthesia," a drug-induced loss of consciousness during which patients are not arousable, even by painful stimulation. The ability to maintain ventilatory function independently is often impaired. Patients frequently require assistance maintaining a patent airway, and positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function. Cardiovascular function may be impaired;

 

          (6)  "Incremental dosing," administration of multiple doses of a drug until a desired effect is reached;

 

          (7)  "Maximum recommended dose," maximum FDA-recommended dose of a drug, as printed in FDA-approved labeling for unmonitored home use;

 

          (8)  "Accredited," a program accredited by the American Dental Association Commission on Dental Accreditation.

 

          Source: 9 SDR 49, effective October 25, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from §§ 20:43:04:08 and 20:43:04:10, 19 SDR 32, effective September 6, 1992; 37 SDR 131, effective January 6, 2011.

          General Authority: SDCL 36-6A-14(1).

          Law Implemented: SDCL 36-6A-14.

 


Rule 20:43:09:02 Prohibitions.

          20:43:09:02.  Prohibitions. A dentist licensed in this state may not administer general anesthesia and deep sedation, moderate sedation, or nitrous oxide inhalation analgesia unless the dentist has obtained the permit required in § 20:43:09:03, 20:43:09:04, or 20:43:09:05.

 

          Any dentist who advertises sedation using terms other than minimal sedation or nitrous oxide inhalation analgesic must have a general anesthesia and deep sedation or moderate sedation permit.

 

          Source: 19 SDR 32, effective September 6, 1992; 37 SDR 131, effective January 6, 2011.

          General Authority: SDCL 36-6A-14(1).

          Law Implemented: SDCL 36-6A-14, 36-6A-16.

 


Rule 20:43:09:03 General anesthesia and deep sedation permit requirements.

          20:43:09 :03.  General anesthesia and deep sedation permit requirements. The board may issue a permit to a licensed dentist to use general anesthesia and deep sedation for dental patients on an outpatient basis if the dentist meets the following requirements:

 

          (1)  Has completed an accredited advanced dental education program that provides comprehensive and appropriate training necessary to administer general anesthesia or deep sedation as evidenced by:

 

               (a)  Designation as a diplomate of the American Board of Oral and Maxillofacial Surgery;

               (b)  Designation as a member of the American Association of Oral and Maxillofacial Surgeons;

               (c)  Designation as a fellow of the American Dental Society of Anesthesiology;

               (d)  Completion of an accredited residency in oral and maxillofacial surgery; or

               (e)  Completion of an accredited residency in dental anesthesiology.

 

          (2)  Meets the requirements of §§ 20:43:09:12 and 20:43:09:13.01;

 

          (3)  Is certified in administering advanced cardiovascular life support by the American Heart Association or an equivalent program approved by the board; and

 

          (4)  Employs auxiliary personnel who hold a permit to monitor patients under general anesthesia, deep sedation, or moderate sedation. A dentist with a general anesthesia and deep sedation permit may not administer general anesthesia or deep sedation or monitor a patient without the presence and assistance of qualified auxiliary personnel.

 

          A dentist shall apply the current standard of care to continuously monitor and evaluate the patient's blood pressure, pulse, respiratory function, and cardiac activity.

 

          A general anesthesia and deep sedation permit precludes the need for a moderate sedation or a nitrous oxide inhalation analgesia permit.

 

          Source: 9 SDR 49, effective October 25, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:43:04:08, 19 SDR 32, effective September 6, 1992; 26 SDR 37, effective September 20, 1999; 37 SDR 131, effective January 6, 2011; 42 SDR 83, effective December 3, 2015.

          General Authority: SDCL 36-6A-14(1)(3)(13)(14).

          Law Implemented: SDCL 36-6A-14(1)(3)(13)(14)(22).

 


Rule 20:43:09:04 Moderate sedation permit requirements.

          20:43:09 :04.  Moderate sedation permit requirements. The board may issue a permit to a licensed dentist to use moderate sedation for dental patients on an outpatient basis if the dentist meets the following requirements:

 

          (1)  Has completed a board approved course that meets the objectives and content as described in Part 5 of the Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students. A board approved course must include a minimum of 60 hours of instruction plus management of at least 20 patients and clinical experience in management of the compromised airway and establishment of intravenous access;

 

          (2)  Meets the requirements in §§ 20:43:09:12 and 20:43:09:13;

 

          (3)  Is certified in administering advanced cardiovascular life support by the American Heart Association or an equivalent program approved by the board; and

 

          (4)  Employs auxiliary personnel who hold a permit to monitor patients under general anesthesia, deep sedation, or moderate sedation. A dentist with a moderate sedation permit may not administer moderate sedation or monitor a patient without the presence and assistance of qualified auxiliary personnel.

 

          A dentist using a parenteral route of administration must limit the use of pharmacological agents to those for which there are reversal agents.

 

          A dentist providing moderate sedation to a child under 12 years of age must also document appropriate training in pediatric sedation techniques, according to the Guidelines for Monitoring and Management of Pediatric Patients During and After Sedation for Diagnostic and Therapeutic Procedures, and in pediatric resuscitation, including the recognition and management of pediatric airway and respiratory problems and must sign an affidavit certifying that the dentist understands the requirements of the Guidelines for Monitoring and Management of Pediatric Patients During and After Sedation for Diagnostic and Therapeutic Procedures.

 

          A dentist using moderate sedation must adhere to the standards of the Guidelines for the Use of Sedation and General Anesthesia by Dentists. A dentist intending to produce a given level of sedation must be able to rescue a patient whose level of sedation becomes deeper than initially intended. A dentist using moderate sedation must be proficient in airway management and advanced life support and capable of providing intravenous access. A dentist using moderate sedation shall apply the current standard of care to continuously monitor and evaluate the patient's blood pressure, pulse, respiratory function, and cardiac activity.

 

          If moderate sedation results in a general anesthetic state, the requirements in § 20:43:09:03 for general anesthesia and deep sedation apply.

 

          A moderate sedation permit precludes the need for a nitrous oxide inhalation analgesia permit.

 

          Source: 9 SDR 49, effective October 25, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:43:04:11, 19 SDR 32, effective September 6, 1992; 37 SDR 131, effective January 6, 2011; 42 SDR 83, effective December 3, 2015.

          General Authority: SDCL 36-6A-14(1)(3)(13)(14).

          Law Implemented: SDCL 36-6A-14(1)(3)(13)(14)(22).

 

          References: "Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students," 2012 Edition, American Dental Association. Copies may be obtained from the American Dental Association at www.ada.org free of charge. "Guidelines for the use of Sedation and General Anesthesia by Dentists," 2012 Edition, American Dental Association. Copies may be obtained from the American Dental Association at www.ada.org free of charge. "Guidelines for Monitoring and Management of Pediatric Patients During and After Sedation for Diagnostic and Therapeutic Procedures: An Update," 2011 Edition, American Academy of Pediatrics. Copies may be obtained from the American Academy of Pediatrics at www.aapd.org free of charge.

 


Rule 20:43:09:04.01 Employing or contracting with licensed anesthesia provider that provides general anesthesia, deep sedation, or moderate sedation in dental office.

          20:43:09:04.01.  Employing or contracting with licensed anesthesia provider that provides general anesthesia, deep sedation, or moderate sedation in dental office. If a dentist employs or contracts with a licensed anesthesia provider that provides general anesthesia, deep sedation, or moderate sedation for dental patients in a dental office on an outpatient basis, the dentist must:

 

          (1)  Have a contract with the licensed anesthesia provider stating that the licensed anesthesia provider must continuously be present during the administration of the anesthetic and remain on the premises of the facility until the anesthetized patient is fully recovered and discharged from the facility to a responsible adult;

 

          (2)  Notify the board that general anesthesia, deep sedation, or moderate sedation services are being provided and the location of the facility where such services are being provided;

 

          (3)  Employ auxiliary personnel that are certified in administering basic life support by the American Heart Association for the Healthcare Provider, the American Red Cross for the Professional Rescuer, or an equivalent program approved by the board;

 

          (4)  Meet the equipment requirements for the level of anesthesia or sedation being provided, as required in § 20:43:09:13 or 20:43:09:13.01;

 

          (5)  Hold a moderate sedation permit and have completed the inspection, as required in § 20:43:09:12;

 

          (6)  Ensure that the licensed anesthesia provider holds a license in good standing in South Dakota; and

 

          (7)  Ensure that the licensed anesthesia provider holds anesthesia privileges at a licensed ambulatory surgery center or licensed hospital.

 

          Source: 37 SDR 131, effective January 6, 2011; 42 SDR 83, effective December 3, 2015.

          General Authority: SDCL 36-6A-14(1)(13)(14).

          Law Implemented: SDCL 36-6A-14(1)(13)(14)(22).

 


Rule 20:43:09:04.02 Utilizing licensed anesthesia provider for general anesthesia and deep sedation or moderate sedation in ambulatory surgery center or hsopital.

          20:43:09:04.02.  Utilizing licensed anesthesia provider for general anesthesia and deep sedation or moderate sedation in ambulatory surgery center or hospital. No permit is required if a dentist utilizes the services of a licensed anesthesia provider for dental patients in an ambulatory surgery center or hospital.

 

          Source: 37 SDR 131, effective January 6, 2011.

          General Authority: SDCL 36-6A-14(1).

          Law Implemented: SDCL 36-6A-14, 36-6A-16.

 


Rule 20:43:09:05 Nitrous oxide inhalation analgesia permit requirements -- Dentists.

          20:43:09 :05.  Nitrous oxide inhalation analgesia permit requirements -- Dentists. The board may issue a permit to a dentist to use nitrous oxide inhalation analgesia sedation for dental patients on an outpatient basis if the dentist meets the following requirements:

 

          (1)  Meets one of the following educational requirements:

 

               (a)  Has successfully completed a board approved course that meets the objectives and content as described in Part 4 of the Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students; or

               (b)  Has taken a course in nitrous oxide inhalation analgesia sedation while a student in an accredited school of dentistry;

 

          (2)  Has equipment for administering nitrous oxide inhalation analgesia with fail-safe features and a 20 percent minimum oxygen flow;

 

          (3)  Is certified in administering basic life support by the American Heart Association for the Healthcare Provider, the American Red Cross for the Professional Rescuer, or an equivalent program approved by the board; and

 

          (4)  Employs auxiliary personnel who are certified in administering basic life support by 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 dentist may administer nitrous oxide inhalation analgesia in combination with a single enteral drug to achieve a minimally depressed level of consciousness only if the maximum recommended dose of the enteral drug is not exceeded. Incremental dosing may be utilized. A dentist may not administer nitrous oxide inhalation analgesia used in combination with more than one enteral drug or by dosing a single enteral drug in excess of the maximum recommended dose unless the dentist holds the appropriate general anesthesia and deep sedation permit or moderate sedation permit.

 

          Source: 9 SDR 49, effective October 25, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:43:04:12, 19 SDR 32, effective September 6, 1992; 37 SDR 131, effective January 6, 2011; 42 SDR 83, effective December 3, 2015.

          General Authority: SDCL 36-6A-14(1)(3)(13)(14).

          Law Implemented: SDCL 36-6A-14(1)(3)(13)(14)(22).

 

          Reference: "Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students," 2012 Edition, American Dental Association. Copies may be obtained from the American Dental Association at www.ada.org free of charge.

 


Rule 20:43:09:06 Nitrous oxide inhalation analgesia permit requirements -- Dental hygienists and registered dental assistants.

          20:43:09 :06.  Nitrous oxide inhalation analgesia permit requirements -- Dental hygienists and registered dental assistants. The board may issue a permit to a dental hygienist or a registered dental assistant to use nitrous oxide inhalation analgesia for dental patients on an outpatient basis under the direct supervision of a dentist if the dental hygienist or registered dental assistant has met the following requirements:

 

          (1)  Is certified in administering basic life support by the American Heart Association for the Healthcare Provider, the American Red Cross for the Professional Rescuer, or an equivalent program approved by the board; and

 

          (2)  Has successfully completed a board approved educational course that substantially meets the objectives and content as described in Part 4 of the Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students and either:

 

               (a)  Completed the course within thirteen months prior to application; or

 

               (b)  Completed the course more than thirteen months prior to application, has legally administered nitrous oxide inhalation analgesia for a period of time during the three years preceding application, and provides written documentation from a dentist that has employed or supervised the applicant, attesting to the current clinical proficiency of the applicant to administer nitrous oxide inhalation analgesia.

 

          Source: 19 SDR 32, effective September 6, 1992; 32 SDR 188, effective May 15, 2006; 37 SDR 131, effective January 6, 2011; 42 SDR 19, effective August 17, 2015; 42 SDR 83, effective December 3, 2015.

          General Authority: SDCL 36-6A-14(1)(3)(7)(10)(13)(14).

          Law Implemented: SDCL 36-6A-14(1)(3)(7)(10)(13)(14)(22), 36-6A-40.

 

          Reference: "Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students," 2012 Edition, American Dental Association. Copies may be obtained from the American Dental Association at www.ada.org free of charge.

 


Rule 20:43:09:06.01 Local anesthesia permit requirements -- Dental hygienists.

          20:43:09:06.01.  Local anesthesia permit requirements -- Dental hygienists. The board may issue a permit to a dental hygienist to administer local anesthesia to dental patients on an outpatient basis under the direct supervision of a dentist if the dental hygienist has met the following requirements:

 

          (1)  Is certified in administering basic life support by the American Heart Association for the Healthcare Provider, the American Red Cross for the Professional Rescuer, or an equivalent program approved by the board; and

 

          (2)  Has successfully completed a board approved educational course on local anesthesia from an accredited dental or dental hygiene school and either:

 

               (a)  Completed the course within thirteen months prior to application; or

               (b)  Completed the course more than thirteen months prior to application, has legally administered local anesthesia for a period of time during the three years preceding application, and provides written documentation from a dentist that has employed or supervised the applicant, attesting to the current clinical proficiency of the applicant to administer local anesthesia.

 

          Source: 37 SDR 131, effective January 6, 2011; 42 SDR 83, effective December 3, 2015.

          General Authority: SDCL 36-6A-14(1)(3)(7)(10)(13)(14).

          Law Implemented: SDCL 36-6A-14(1)(3)(7)(10)(13)(14)(22), 36-6A-40.

 


Rule 20:43:09:06.02 Minimal sedation.

          20:43:09:06.02.  Minimal sedation. A dentist may administer minimal sedation without a permit. A dentist administering minimal sedation must have appropriate access to oxygen and suction and emergency drugs and must meet the standards of the Guidelines for the Use of Sedation and General Anesthesia by Dentists. A dentist may not administer or prescribe for self-administration more than the maximum recommended dose of a single enteral drug for a patient at the same setting unless the dentist holds the appropriate general anesthesia and deep sedation permit or moderate sedation permit.

 

          Source: 37 SDR 131, effective January 6, 2011; 42 SDR 83, effective December 3, 2015.

          General Authority: SDCL 36-6A-14(1)(3)(13)(14).

          Law Implemented: SDCL 36-6A-14(1)(3)(13)(14)(22).

 

          Reference: "Guidelines for the Use of Sedation and General Anesthesia by Dentists," 2012 Edition, American Dental Association. Copies may be obtained from the American Dental Association at www.ada.org free of charge.

 


Rule 20:43:09:07 Noncompliance.

          20:43:09 :07.  Noncompliance. A violation of any provision of this chapter may result in revocation or suspension of a permit or in other disciplinary measures.

 

          Source: 19 SDR 32, effective September 6, 1992; 37 SDR 131, effective January 6, 2011; 42 SDR 83, effective December 3, 2015.

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

          Law Implemented: SDCL 36-6A-14(2)(22).

 


Rule 20:43:09:08 Application for permits -- Renewal.

          20:43:09 :08.  Application for permits -- Renewal. The application for a permit to administer general anesthesia and deep sedation or moderate sedation must include a fee of $50. The application for a permit for a dentist, dental hygienist or registered dental assistant to administer nitrous oxide inhalation analgesia must include a fee of $40. The application for a permit for a dental hygienist to administer local anesthesia must include a fee of $40.

 

          The board may issue a temporary permit to an applicant that has met the applicable requirements of this chapter, but before all processing and any applicable inspection have been completed. The duration of this temporary permit shall be determined by the board, but may not exceed one year. The temporary permit of an applicant who fails an inspection is automatically suspended. Upon suspension, the applicant may request another inspection.

 

          A general anesthesia and deep sedation permit or moderate sedation permit must be renewed annually. The annual fee for a general anesthesia and deep sedation permit or a moderate sedation permit is $50. A re-evaluation of the credentials and facility of the permit holder may be conducted for permit renewal. Any person renewing a general anesthesia and deep sedation permit or moderate sedation permit must be able to demonstrate continued competency as required by the board.

 

          A nitrous oxide inhalation analgesia permit, local anesthesia permit, and permit to monitor patients under general anesthesia, deep sedation, or moderate sedation must be renewed annually. The annual fee for a nitrous oxide inhalation analgesia permit for a dentist is $40. The annual fee for a nitrous oxide inhalation analgesia permit for a dental hygienist is $20. The annual fee for a nitrous oxide inhalation analgesia permit for a registered dental assistant is $20. The annual fee for a permit to administer local anesthesia for a dental hygienist is $20. There is no annual fee for a permit to monitor patients under general anesthesia, deep sedation, or moderate sedation.

 

          Failure to properly renew a general anesthesia and deep sedation permit, moderate sedation permit, nitrous oxide inhalation analgesia permit, local anesthesia permit, or a permit to monitor patients under general anesthesia, deep sedation, or moderate sedation constitutes an automatic suspension of the permit.

 

          Source: 19 SDR 32, effective September 6, 1992; 37 SDR 131, effective January 6, 2011; 38 SDR 172, effective April 25, 2012; 42 SDR 19, effective August 17, 2015; 42 SDR 83, effective December 3, 2015.

          General Authority: SDCL 36-6A-14(9)(14), 36-6A-50(12)

          Law Implemented: SDCL 36-6A-14(9)(14)(22).

 


Rule 20:43:09:09 Reports of adverse conditions.

          20:43:09:09.  Reports of adverse conditions. All dentists must notify the board within 72 hours after any death or any incident which results in temporary or permanent physical or mental injury requiring medical treatment of the patient during, or as a result of, general anesthesia and deep sedation, moderate sedation, or nitrous oxide inhalation analgesia. A complete written report of the incident must be submitted to the board within 30 days. The report shall be submitted on a form provided by the board.

 

          Failure to comply with reporting requirements constitutes an automatic suspension of the permit to administer general anesthesia and deep sedation, moderate sedation, or nitrous oxide inhalation analgesia.

 

          Source: 19 SDR 32, effective September 6, 1992; 37 SDR 131, effective January 6, 2011.

          General Authority: SDCL 36-6A-14(1)(2).

          Law Implemented: SDCL 36-6A-14.

 


Rule 20:43:09:10 Permit requirements to monitor patients under general anesthesia, deep sedation, or moderate sedation.

          20:43:09 :10.  Permit requirements to monitor patients under general anesthesia, deep sedation, or moderate sedation. The board may issue a permit to a dental hygienist, registered dental assistant, or dental assistant to monitor patients under general anesthesia, deep sedation, or moderate sedation while under the direct supervision of a dentist who holds a current permit to administer general anesthesia and deep sedation or moderate sedation if the dental hygienist, registered dental assistant, or dental assistant has met the following requirements:

 

          (1)  Is certified in administering basic life support by the American Heart Association for the Healthcare Provider, the American Red Cross for the Professional Rescuer, or an equivalent program approved by the board; and

 

          (2)  Has successfully completed at least an eight-hour board approved course in anesthetic assisting and either:

 

               (a)  Completed the course within thirteen months prior to application; or

 

               (b)  Completed the course more than thirteen months prior to application, has legally monitored patients receiving analgesic or anesthetic agents for a period of time during the two years preceding application, and provides written documentation from a dentist that has employed or supervised the applicant, attesting to the current clinical proficiency of the applicant to monitor patients under general anesthesia, deep sedation, or moderate sedation.

 

          Source: 19 SDR 32, effective September 6, 1992; 37 SDR 131, effective January 6, 2011; 42 SDR 19, effective August 17, 2015; 42 SDR 83, effective December 3, 2015.

          General Authority: SDCL 36-6A-14(10).

          Law Implemented: SDCL 36-6A-14(10)(22).

 


Rule 20:43:09:10.01 Delegation of injection of medication.

          20:43:09:10.01.  Delegation of injection of medication. A dentist may authorize a dental hygienist, registered dental assistant, or dental assistant to inject medication through an intravenous site if the following requirements have been met:

 

          (1)  The dental hygienist, registered dental assistant, or dental assistant holds a permit to monitor patients under general anesthesia, deep sedation, or moderate sedation;

 

          (2)  The dental hygienist, registered dental assistant, or dental assistant has successfully passed the Dental Anesthesia Assistant National Certification Examination administered by the American Association of Oral and Maxillofacial Surgeons and is currently certified in Dental Anesthesia Assisting by the American Association of Oral and Maxillofacial Surgeons;

 

          (3)  The supervising dentist holds a current permit to administer general anesthesia and deep sedation or moderate sedation;

 

          (4)  The supervising dentist draws up the medications that will be utilized during the procedure;

 

          (5)  The dental hygienist, registered dental assistant, or dental assistant is operating under the personal supervision of the supervising dentist and the supervising dentist maintains direct visual supervision during the injection of the medication through an intravenous site; and

 

          (6)  The supervising dentist authorizes the procedure by verbal command, clearly articulating the specific medication and the amount of the medication to be administered and the dental hygienist, registered dental assistant, or dental assistant repeats the verbal command back to the supervising dentist before injecting medication through an intravenous site.

 

          Source: 42 SDR 83, effective December 3, 2015.

          General Authority: SDCL 36-6A-14(10)(13).

          Law Implemented: SDCL 36-6A-14(10)(13)(22).

 


Rule 20:43:09:10.02 Injecting medication.

          20:43:09:10.02.  Injecting medication. For purposes of § 20:43:09:10.01, injecting medication through an intravenous site includes the following:

 

          (1)  Initiating an intravenous line for a patient being prepared to receive intravenous medications, sedation, or general anesthesia, as directed by the supervising dentist;

 

          (2)  Adjusting the rate of intravenous fluids infusion to maintain the line patent or increase the rate of intravenous fluids infusion beyond a keep open rate, to a rate directed by the supervising dentist;

 

          (3)  Delivering medication into an intravenous line, as directed by the supervising dentist; or

 

          (4)  Adjusting an electronic device to provide medications, such as an infusion pump, to a setting directed by the supervising dentist.

 

          Source: 42 SDR 83, effective December 3, 2015.

          General Authority: SDCL 36-6A-14(10).

          Law Implemented: SDCL 36-6A-14(10)(22).

 


Rule 20:43:09:11 Inspection of facilities.

          20:43:09 :11.  Inspection of facilities. The board may at any time require an on-site inspection of the facility, equipment, and personnel to determine if the requirements of this chapter are being met. The dentist is responsible for all costs associated with an inspection. The on-site inspection should be performed by two board approved inspectors. However, if utilizing two board approved inspectors presents a hardship, the board may allow the inspection to be performed by one board approved inspector.

 

          Each dentist who applies for a general anesthesia and deep sedation or moderate sedation permit must have an on-site inspection conducted at the primary office within twelve months of application or prior to expiration of the temporary permit, whichever is earlier. The board may require inspection of a dentist's satellite office at any time. If the dentist does not have a primary office located in South Dakota, the on-site inspection may be conducted at a satellite office located in South Dakota.

 

          Following the initial inspection, each dentist must have an on-site inspection conducted at the primary office at least once in each five year licensure cycle. If the dentist does not have a primary office located in South Dakota the dentist may submit, subject to board approval, a report from a successful inspection conducted at the primary office located in a different state. An on-site inspection of the satellite office may also be required by the board.

 

          Failing an on-site inspection constitutes an automatic suspension of the permit and may subject the dentist to disciplinary proceedings.

 

          Source: 9 SDR 49, effective October 25, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:43:04:09, 19 SDR 32, effective September 6, 1992; 37 SDR 131, effective January 6, 2011; 42 SDR 83, effective December 3, 2015.

          General Authority: SDCL 36-6A-14(1)(2)(13).

          Law Implemented: SDCL 36-6A-14(1)(2)(13)(22).

 


Rule 20:43:09:12 Requirements of inspection.