Administrative Rule 20:43:04 | South Dakota Legislature

20:43:04:01. Representation of or advertising specialty practice. A dentist may advertise or represent oneself as a specialist or use the terms specializes, specializing, or another variation of either term, for any specialty in which the dentist has completed a post-doctoral program that:

(1) Consists of at least two full-time years; and

(2) Is accredited by an accreditation agency recognized by the United States Department of Education or is administered by a dental school accredited by an organization recognized by the United States Department of Education.

A dentist advertising or representing oneself as a specialist or using the term specializes, specializing, or another variation of either term, must avoid any implication that another dentist associated with the same practice or entity is a specialist, unless that dentist meets the requirements of this section.

Declaration to the public of a specialty practice or the inference of specialty status not authorized by this section is engaging in false or misleading advertising.

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; 50 SDR 12, effective August 8, 2023.

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

Law Implemented: SDCL 36-6A-14(1)(22), 36-6A-28, 36-6A-29, 26-6A-59.1(13).

20:43:04:01.01. Advertising. For any advertisement for dental services:

(1) The State Board of Dentistry may require a dentist to substantiate the truthfulness of any assertion or representation of material fact set forth in an advertisement. At the time an advertisement is placed, the dentist must possess and rely upon information that, when produced, would substantiate the truthfulness of any assertion, omission, or representation of material fact set forth in the advertisement. The failure to possess and rely upon information necessary to substantiate an assertion, omission, or representation of material fact set forth in the advertisement at the time the advertisement is placed or the failure or refusal to provide to the board the information necessary to substantiate an assertion, omission, or representation of material fact set forth in the advertisement, when requested by the board, is engaging in false or misleading advertising;

(2) Each dentist who is a director, manager, partner, shareholder, contracted employee, or licensed professional employee, acting as an agent of the entity identified in an advertisement, is jointly and severally responsible for the form and content of any advertisement offering services or materials; and

(3) A dentist must retain a recording or copy of every advertisement communicated by electronic media, and a copy of every advertisement communicated by print media, for a period of one year following the date of the advertisement. The dentist shall make the recording or copy of the advertisement available for review upon request by the board or its designee.

Source: 50 SDR 12, effective August 8, 2023.

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

Law Implemented: SDCL 36-6A-14(1)(22), 36-6A-28, 36-6A-29, 36-6A-59.1(13).

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 may perform all services permitted other registered dental assistants if the services are performed under the level of supervision required of a registered dental assistant.

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; 46 SDR 75, effective December 4, 2019.

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.

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