ARSD Article 20:43 — DENTISTS

HEALTH HEALTH

Chapter 20:43:01

ARSD 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.

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

History

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.

ARSD 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.

History

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.

ARSD 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.

History

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.

ARSD 20:43:01:04 Repealed

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Repealed.

History

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.

ARSD 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.

History

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

ARSD 20:43:02:01 Transferred

20:43:02:01. Transferred to §§ 20:43:03:01, 20:43:03:04, 20:43:03:08, and 20:43:03:10.

ARSD 20:43:02:01.01 Repealed

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 Repealed.

History

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.

ARSD 20:43:02:02 Transferred

20:43:02:02. Transferred to § 20:43:03:05.

ARSD 20:43:02:03 Repealed

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 Repealed.

History

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.

ARSD 20:43:02:04 Repealed

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 Repealed.

History

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.

ARSD 20:43:02:05 Repealed

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 Repealed.

History

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

ARSD 20:43:03:01 Application for license to practice as a dentist -- Requirements

An applicant for a license to practice as a dentist shall submit to the State Board of Dentistry:

(1) A completed application form and a fee of two hundred dollars;

(2) Certified transcripts or, when approved by the State Board of Dentistry, a certified letter from a dental school official verifying that the applicant has graduated from a United States dental school accredited by the American Dental Association Commission on Dental Accreditation, having obtained a doctor of dental medicine or a doctor of dental surgery degree;

(3) Verification of the applicant's passage of the National Board Dental Examination Parts I and II or the Integrated National Board Dental Examination administered by the Joint Commission on National Dental Examinations;

(4) Verification of the applicant's passage, within five years preceding the date of application, of a patient-based, simulation-based, or manikin-based clinical competency psychomotor examination approved by the State Board of Dentistry pursuant to § 20:43:03:02. An applicant who fails any combination of State Board of Dentistry-approved clinical competency examinations three times is not eligible for licensure in this state;

(5) Verification of the license and status of the 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 or equivalent documentation;

(7) A recent photograph of the applicant;

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

(9) Completed fingerprint cards necessary to conduct a state and federal criminal background check on the applicant.

To be considered for a license to practice as a dentist, an applicant must pass a written examination administered by the State Board of Dentistry on the relevant administrative rules and statutes with a cut score of at least seventy percent.

For the State Board of Dentistry to consider an application at a meeting of the board, a complete application, fee, and all supporting documentation must be received by the board at least thirty days before the board meeting. If requested by the State Board of Dentistry, an applicant must appear for a personal interview conducted by the board on a date set by the board.

History

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; 45 SDR 35, effective September 19, 2018; 46 SDR 75, effective December 4, 2019; 47 SDR 11, effective August 12, 2020; 50 SDR 12, effective August 8, 2023; 50 SDR 64, effective November 29, 2023.
General Authority: SDCL 36-6A-14(20), 36-6A-44, 36-6A-50.
Law Implemented: SDCL 36-6A-14(3), 36-6A-44, 36-6A-44.1, 36-6A-50(13).

ARSD 20:43:03:02 Application for license to practice as a dentist--Clinical competency examination

20:43:03:02. Application for license to practice as a dentist -- Clinical competency examination. The State Board of Dentistry may approve a patient-based, simulation-based, or manikin-based clinical competency psychomotor examination for purposes of subdivision 20:43:03:01(4) that demonstrates evidence of psychometric soundness with documented validity, reliability, fidelity, and fairness; allows direct observation by a board designee; and includes:

(1) A patient-based or an equivalent simulation-based or manikin-based periodontal component;

(2) A patient-based or an equivalent simulation-based or manikin-based restorative component;

(3) A simulation-based or manikin-based prosthodontic component;

(4) A simulation-based or manikin-based endodontic component; and

(5) A remediation policy to address candidate deficiencies.

History

Source: 45 SDR 35, effective September 19, 2018; 46 SDR 75, effective December 4, 2019; 47 SDR 11, effective August 12, 2020; 50 SDR 12, effective August 8, 2023.
General Authority: SDCL 36-6A-14(20), 36-6A-44.
Law Implemented: SDCL 36-6A-14(3), 36-6A-44(4).

ARSD 20:43:03:03 Repealed

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

History

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.

ARSD 20:43:03:04 Application for license to practice as a dentist -- Credential verification

An applicant for a license to practice as a dentist by credential verification shall submit to the State Board of Dentistry:

(1) A completed application form and fee of six hundred dollars;

(2) A statement from a licensed doctor of medicine, doctor of osteopathic medicine, physician assistant, or certified nurse practitioner attesting to the applicant's physical and mental condition;

(4) Verification of the applicant's passage of a patient-based, simulation-based, or manikin-based clinical competency psychomotor examination that has been approved by the State Board of Dentistry or passage of a state examination that the board considers equivalent;

(5) Verification of the license and status of the license from the board of dentistry in each state in which the applicant is or has been licensed;

(6) Certified transcripts or, when approved by the State Board of Dentistry, a certified letter from a dental school official verifying that the applicant has graduated from a United States dental school accredited by the American Dental Association Commission on Dental Accreditation, having obtained a doctor of dental medicine or a doctor of dental surgery degree;

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

(9) A recent photograph of the applicant; and

(10) Completed fingerprint cards necessary to conduct a state and federal criminal background check on the applicant.

To be considered for a license to practice as a dentist by credential verification, an applicant must pass a written examination administered by the State Board of Dentistry on the relevant administrative rules and statutes with a cut score of at least seventy percent.

For the State Board of Dentistry to consider an application at a meeting of the board, a complete application, fee, and all supporting documentation must be received by the board at least thirty days before the board meeting. If requested by the State Board of Dentistry, an applicant for licensure by credential verification must appear for a personal interview conducted by the board on a date set by the board.

History

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; 45 SDR 35, effective September 19, 2018; 47 SDR 11, effective August 12, 2020; 50 SDR 12, effective August 8, 2023; 50 SDR 64, effective November 29, 2023.
General Authority: SDCL 36-6A-14(20), 36-6A-47, 36-6A-50.
Law Implemented: SDCL 36-6A-14(3), 36-6A-44.1, 36-6A-47, 36-6A-50(18).

ARSD 20:43:03:04.01 Repealed

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

History

Source: 18 SDR 132, effective February 17, 1992; 26 SDR 37, effective September 20, 1999; 38 SDR 172, effective April 25, 2012; 45 SDR 35, effective September 19, 2018.

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

The State Board of Dentistry may issue a temporary registration for a specified period of time to an applicant who meets all requirements for a license to practice as a dentist or a dental hygienist or to an applicant who meets all requirements of SDCL 36-6A-49 and submits a fee of one hundred dollars.

History

Source: 18 SDR 132, effective February 17, 1992; 20 SDR 166, effective April 11, 1994; 38 SDR 172, effective April 25, 2012; 45 SDR 35, effective September 19, 2018; 50 SDR 64, effective November 29, 2023.
General Authority: SDCL 36-6A-44, 36-6A-44.2, 36-6A-47, 36-6A-47.1, 36-6A-50(9).
Law Implemented: SDCL 36-6A-14(3), 36-6A-44, 36-6A-44.2, 36-6A-47, 36-6A-47.1, 36-6A-49, 36-6A-49.1, 36-6A-50(9).

ARSD 20:43:03:05 Jurisprudence examination -- Fee

The jurisprudence examination fee is three hundred dollars for a dentist and one hundred thirty-five dollars for a dental hygienist.

History

Source: Transferred from § 20:43:02:02, 45 SDR 35, effective September 19, 2018; 50 SDR 64, November 29, 2023.
General Authority: SDCL 36-6A-50(1)(2).
Law Implemented: SDCL 36-6A-50(1)(2).

ARSD 20:43:03:06 Annual renewal of license -- Renewal fees

Each person licensed to practice as a dentist or dental hygienist in this state shall annually renew a license from the State Board of Dentistry by July first and display an annual license certificate. Each person licensed to practice as a dentist or a dental hygienist shall maintain a current cardiopulmonary resuscitation card from the American Heart Association for the Healthcare Provider, the American Red Cross for the Professional Rescuer, or an equivalent program approved by the board. A dentist shall pay an annual registration fee of two hundred dollars plus a continuing education fee of twenty dollars. A dental hygienist shall pay an annual registration fee of ninety-five dollars plus a continuing education fee of twenty dollars.

History

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; 45 SDR 35, effective September 19, 2018; 50 SDR 64, effective November 29, 2023.
General Authority: SDCL 36-6A-14, 36-6A-50(3)(4)(7).
Law Implemented: SDCL 36-6A-48, 36-6A-50(3)(4)(7), 36-6A-52.

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

A dentist shall complete at least 100 hours of board-approved continuing education in each five-year licensure cycle. One hour of continuing education may be earned for each hour of attendance at a board-approved continuing education course.

Fifty hours of the required 100 hours must be academic. Academic hours must directly relate to the provision of clinical dental services and meet one of the following criteria:

(1) The course must be taken physically at a dental school accredited by the American Dental Association Commission on Dental Accreditation;

(2) The course presenter shall be affiliated with a dental school accredited by the American Dental Association Commission on Dental Accreditation;

(3) The provider organization shall be approved by the American Dental Association Continuing Education Recognition Program; or

(4) The provider organization shall be approved by the Academy of General Dentistry Program Approval For Continuing Education.

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

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

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

History

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; 45 SDR 35, effective September 19, 2018; 48 SDR 62, effective December 13, 2021.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(3)(11)(13)(22), 36-6A-55.

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

A dental hygienist shall complete at least 75 hours of board approved continuing education in each five-year licensure cycle. One hour of continuing education may be earned for each hour of attendance at a board approved continuing education course.

Five hours of the required 75 hours must be dental radiography continuing education. Credit for dental radiography continuing education is limited to 20 hours per five-year licensure cycle. Credit for nutrition continuing education is limited to 15 hours per five-year licensure cycle. Credit for practice management continuing education is limited to 10 hours per five-year licensure cycle. Credit for home study continuing education is limited to 30 hours per five-year licensure cycle. Credit for cardiopulmonary resuscitation continuing education is limited to 15 hours per five-year licensure cycle. Credit for clinical continuing education is unlimited per five-year licensure cycle. Up to five hours of clinical continuing education may be earned for attendance at exhibits at a state, regional, or national dental conference.

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

History

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; 45 SDR 35, effective September 19, 2018.
General Authority: SDCL 36-6A-14(1)(3)(11), 36-6A-55.
Law Implemented: SDCL 36-6A-55.

ARSD 20:43:03:07.02 Transferred

20:43:03:07.02. Transferred to § 20:43:08:09.01.

ARSD 20:43:03:08 Application for license to practice as a dental hygienist -- Requirements

An applicant for a license to practice as a dental hygienist shall submit to the State Board of Dentistry:

(1) A completed application form and a fee of one hundred forty dollars;

(2) Certified transcripts or, when approved by the State Board of Dentistry, a certified letter from a dental hygiene school official verifying that the applicant has graduated from a United States dental hygiene program accredited by the American Dental Association Commission on Dental Accreditation, having obtained a dental hygiene degree;

(3) Verification of the applicant's passage of the National Board Dental Hygiene Examination;

(4) Verification of the applicant's passage, within five years preceding the date of application, of a patient-based, simulation-based, or manikin-based clinical competency psychomotor examination approved by the board pursuant to § 20:43:03:09. An applicant who fails any combination of the State Board of Dentistry-approved clinical competency examinations three times is not eligible for licensure in this state;

(5) Verification of the license and status of the 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 or equivalent documentation;

(7) A recent photograph of the applicant; and

To be considered for a license to practice as a dental hygienist, an applicant must pass a written examination administered by the State Board of Dentistry on the relevant administrative rules and statutes with a cut score of at least seventy percent.

History

Source: 45 SDR 35, effective September 19, 2018; 47 SDR 11, effective August 12, 2020; 50 SDR 12, effective August 8, 2023; 50 SDR 64, effective November 29, 2023.
General Authority: 36-6A-14(20), 36-6A-44.2, 36-6A-50.
Law Implemented: 36-6A-14(3), 36-6A-44.2, 36-6A-50(14).

ARSD 20:43:03:09 Application for license to practice as a dental hygienist--Clinical competency examination

20:43:03:09. Application for license to practice as a dental hygienist -- Clinical competency examination. The State Board of Dentistry may approve a patient-based, simulation-based, or manikin-based dental hygiene clinical competency psychomotor examination for purposes of subdivision 20:43:03:08(4) that demonstrates evidence of psychometric soundness with documented validity, reliability, fidelity, and fairness; allows direct observation by a board designee; and includes:

(1) Pocket depth detection;

(2) Calculus detection and removal;

(3) An intra oral and extra oral assessment; and

(4) A remediation policy to address candidate deficiencies.

History

Source: 45 SDR 35, effective September 19, 2018; 46 SDR 75, effective December 4, 2019; 47 SDR 11, effective August 12, 2020; 50 SDR 12, effective August 8, 2023.
General Authority: SDCL 36-6A-14(20), 36-6A-44.2.
Law Implemented: SDCL 36-6A-14(3), 36-6A-44.2(4).

ARSD 20:43:03:10 Application for license to practice as a dental hygienist -- Credential verification

An applicant for a license to practice as a dental hygienist by credential verification shall submit to the State Board of Dentistry:

(1) A completed application form and fee of three hundred dollars;

(2) A statement from a licensed doctor of medicine, doctor of osteopathic medicine, physician assistant, or certified nurse practitioner attesting to the applicant's physical and mental condition;

(3) Verification of the applicant's passage of the National Board Dental Hygiene Examination;

(5) Verification of the license and status of the license from the board of dentistry in each state in which the applicant is or has been licensed;

(6) Certified transcripts or, when approved by the State Board of Dentistry, a certified letter from a dental hygiene school official verifying that the applicant has graduated from a United States dental hygiene school accredited by the American Dental Association Commission on Dental Accreditation, having obtained a dental hygiene degree;

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

(9) A recent photograph of the applicant.

History

Source: 45 SDR 35, effective September 19, 2018; 47 SDR 11, effective August 12, 2020; 50 SDR 12, effective August 8, 2023; 50 SDR 64, effective November 29, 2023.
General Authority: SDCL 36-6A-14(20), 36-6A-47.1, 36-6A-50.
Law Implemented: SDCL 36-6A-14(3), 36-6A-47.1, 36-6A-50(18).

ARSD 20:43:03:11 Lost or destroyed license or registration -- Replacement

Lost or destroyed license** or registration -- Replacement. A fee of $15 is required for replacement of a lost or destroyed license or registration.

History

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; 45 SDR 35, effective September 19, 2018.
General Authority: SDCL 36-6A-50(5).
Law Implemented: SDCL 36-6A-50(5).

Chapter 20:43:04

ARSD 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.

History

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).

ARSD 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.

History

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).

ARSD 20:43:04:02 Repealed

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

History

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.

ARSD 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.

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/.

History

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.

ARSD 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.

History

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.

ARSD 20:43:04:05 Transferred

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

ARSD 20:43:04:05.01 Transferred

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

ARSD 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.

History

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.

ARSD 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.

History

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.

ARSD 20:43:04:08 Transferred

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

ARSD 20:43:04:09 Transferred

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

ARSD 20:43:04:10 Transferred

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

ARSD 20:43:04:11 Transferred

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

ARSD 20:43:04:12 Transferred

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

Chapter 20:43:05

ARSD 20:43:05:01 Repealed

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

History

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.

ARSD 20:43:05:02 Repealed

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

History

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

ARSD 20:43:05:03 Repealed

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

History

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

ARSD 20:43:05:04 Repealed

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

History

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

ARSD 20:43:05:05 Repealed

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

History

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

ARSD 20:43:05:06 Repealed

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

History

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

ARSD 20:43:05:07 Repealed

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

History

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

ARSD 20:43:05:08 Repealed

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

History

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.

Chapter 20:43:06

ARSD 20:43:06:01 Application for registration

An initial application for registration for a corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership must be in compliance with SDCL chapter 47-12 and shall, along with a fee of $100, include the following information related to the entity:

(1) Name and address;

(2) State of organization;

(3) Employer identification number;

(4) Verification from the secretary of state that the entity is in good standing;

(5) The name and license or registration number and status for each director, manager, member, partner, and shareholder; and

(6) Any other information required by the board to ensure compliance with SDCL chapter 47-12 and this chapter.

The board shall have the authority to hold any proceeding necessary for the processing of any application.

History

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; 44 SDR 101, effective December 18, 2017.
General Authority: SDCL 36-6A-14(20), 47-12-3, 47-12-8.
Law Implemented: SDCL 36-6A-14(9)(19), 47-12-8.

ARSD 20:43:06:02 Repealed

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

History

Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 44 SDR 101, effective December 18, 2017.

ARSD 20:43:06:03 Repealed

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

History

Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 44 SDR 101, effective December 18, 2017.

ARSD 20:43:06:04 Change in ownership or management.

20:43:06:04. Change in ownership or management. Prior to any change in ownership or management of an entity registered under SDCL chapter 47-12, including any proposed admission, removal, or change of a director, manager, member, partner, or shareholder, the entity shall provide notice of the proposed action to the board, at least thirty days prior to the action, on a form prescribed by the board. In its notice, the entity shall provide the board with the name, license or registration number and status, and address of any proposed director, manager, member, partner, or shareholder, if applicable, and a description of the proposed change in ownership. Any change in ownership under this section, other than removal of a director, manager, member, partner, or shareholder, must be approved by the board for the entity to maintain its certificate of registration under SDCL chapter 47-12. The board shall have the authority to request additional information or to hold any other proceeding necessary for the evaluation and approval of any change in ownership.

History

Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 44 SDR 101, effective December 18, 2017.
General Authority: SDCL 36-6A-14(20), 47-12-1, 47-12-3, 47-12-8.
Law Implemented: SDCL 36-6A-14(19), 47-12-8.

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

Each registered corporation shall submit, on or before July 1 of each year, an application for renewal of its certificate of registration. The application shall be accompanied by the required renewal fee of $25.

History

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; 44 SDR 101, effective December 18, 2017.
General Authority: SDCL 36-6A-14(20), 47-12-12.
Law Implemented: SDCL 36-6A-14(9)(19), 47-12-12.

Chapter 20:43:07

ARSD 20:43:07:01 Dental radiography -- Definition

Dental radiography is the application of X-radiation to human teeth and supporting structures for diagnostic purposes only.

History

Source: 11 SDR 73, effective November 27, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 47 SDR 11, effective August 12, 2020.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14.

ARSD 20:43:07:02 Repealed

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

History

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; 47 SDR 11, effective August 12, 2020.

ARSD 20:43:07:03 Repealed

20:43:07:03. Training requirements. Repealed.

History

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; 47 SDR 11, effective August 12, 2020.

ARSD 20:43:07:04 Repealed

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

History

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.

ARSD 20:43:07:05 Dental radiographers -- Qualification by endorsement

A person who has been legally practicing dental radiography in a state within the three years prior to application may be eligible for registration by endorsement to practice as a dental radiographer in this state. To apply, the applicant must submit to the State Board of Dentistry:

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

(2) A copy of government-issued documentation sufficient to identify the applicant;

(3) Verification that the applicant successfully completed a course that included at least sixteen hours of training in the areas outlined in subdivision 20:43:07:06(3); and

(4) One of the following:

(a) If currently registered as a dental radiographer, verification of the registration number and status of the registration from the board of dentistry in each state in which the applicant is or has been registered to practice as a dental radiographer; or

(b) If not currently registered as a dental radiographer, verification that the applicant has legally practiced dental radiography for a period of time during the three years preceding application. The board may require written documentation from a dentist that has employed or supervised the applicant attesting to the current clinical proficiency of the applicant to practice dental radiography.

The board may issue a registration to practice as a dental radiographer to an applicant who meets the requirements in this section.

History

Source: 11 SDR 73, effective November 27, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 47 SDR 11, effective August 12, 2020; 50 SDR 64, effective November 29, 2023.
General Authority: SDCL 36-6A-14(20), 36-6A-50(11).
Law Implemented: SDCL 36-6A-14(4)(6)(7).

ARSD 20:43:07:06 Dental radiography training programs -- Board approval

The board may approve a dental radiography program of learning leading to a dental radiographer certificate of competency if the program meets the following requirements:

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

(3) The program includes at least sixteen hours of training in the areas outlined in § 44:03:01:14.02 plus practice in placement techniques on a training manikin, exposing radiographs, and identification of common technique errors.

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

History

Source: 11 SDR 73, effective November 27, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 47 SDR 11, effective August 12, 2020.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(4)(7).

ARSD 20:43:07:07 Dental radiographers -- Application for registration

An applicant for a registration to practice as a dental radiographer shall submit to the State Board of Dentistry:

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

(2) A copy of government-issued documentation sufficient to identify the applicant;

(3) Proof of one of the following within the thirteen months prior to application:

(a) Successful completion of a dental radiography course taken through a dental assisting, dental hygiene, or dental program accredited by the American Dental Association Commission on Dental Accreditation. If the radiography course is taken as part of an ongoing dental assisting program, the thirteen-month period prior to application begins after completion of the dental assisting program;

(b) Passage of the Radiation Health and Safety Examination administered by the Dental Assisting National Board, Incorporated (DANB);

(d) Certification as a Certified Dental Assistant through DANB; and

(4) If applicable, verification of the registration number and status of the registration from the board of dentistry in each state in which the applicant is or has been registered to practice as a dental radiographer.

The State Board of Dentistry may issue a registration to practice as a dental radiographer to an applicant who meets the requirements in this section.

History

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; 47 SDR 11, effective August 12, 2020; 50 SDR 64; effective November 29, 2023.
General Authority: SDCL 36-6A-14(20), 36-6A-50(11).
Law Implemented: SDCL 36-6A-14(4)(6)(7), 36-6A-50(11).

ARSD 20:43:07:08 Repealed

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

History

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; 47 SDR 11, effective August 12, 2020.

ARSD 20:43:07:09 Dental radiographers -- Certificate of registration -- Renewal fee and display

Each person registered to practice as a dental radiographer in this state shall annually renew a registration from the State Board of Dentistry by July first and display an annual registration certificate. A dental radiographer shall pay an annual registration fee of thirty-five dollars.

History

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; 47 SDR 11, effective August 12, 2020; 50 SDR 64, effective November 29, 2023.
General Authority: SDCL 36-6A-14(20), 36-6A-50(10).
Law Implemented: SDCL 36-6A-14(6), 36-6A-50(10), 36-6A-52.

ARSD 20:43:07:10 Dental radiographers -- Continuing education requirements

A dental radiographer shall complete at least five hours of board approved continuing education in dental radiography in each five-year licensure cycle. One hour of continuing education may be earned for each hour of attendance at a board approved continuing education course. The board shall review the continuing education guidelines annually.

History

Source: 26 SDR 37, effective September 20, 1999; 32 SDR 188, effective May 15, 2006; 45 SDR 35, effective September 19, 2018; 47 SDR 11, effective August 12, 2020.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(7)(11), 36-6A-55.

ARSD 20:43:07:11 Dental radiography equipment -- Annual license

Any dental office that houses a dental radiographic machine shall obtain an annual license issued by the Department of Health.

Cross Reference: Radiation Control, chapter 44:03:01.

History

Source: 26 SDR 37, effective September 20, 1999; 47 SDR 11, effective August 12, 2020.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1).

ARSD 20:43:07:12 Permitted use of radiation

P** ermit ted use of radiation. Only a person registered to practice as a dental radiographer or licensed to practice as a dentist or dental hygienist may perform dental radiography.

No person may be exposed to an ionizing radiation beam except for dental diagnostic purposes and only if exposure has been authorized by the supervising dentist. Any person operating a dental radiographic machine shall follow all safety instructions provided by the manufacture of the radiographic machine.

History

Source: 26 SDR 37, effective September 20, 1999; 47 SDR 11, effective August 12, 2020.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(7), 36-6A-31(5).

ARSD 20:43:07:13 Repealed

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

History

Source: 26 SDR 37, effective September 20, 1999; 47 SDR 11, effective August 12, 2020.

ARSD 20:43:07:14 Repealed

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

History

Source: 26 SDR 37, effective September 20, 1999; 47 SDR 11, effective August 12, 2020.

Chapter 20:43:08

ARSD 20:43:08:01 Definitions

As used in this chapter:

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

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

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

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

History

Source: 19 SDR 32, effective September 6, 1992; 42 SDR 19, effective August 17, 2015; 46 SDR 75, effective December 4, 2019.
General Authority: SDCL 36-6A-14.
Law Implemented: SDCL 36-6A-14, 36-6A-41.

ARSD 20:43:08:02 Dental assistant -- Duties

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

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

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

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

(3) Taking photographs extraorally or intraorally;

(4) Cutting long or broken wires;

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

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

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

(8) Recementing existing provisional restorations;

(9) Manipulating dental software for designing restorations;

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

(11) Taking vital signs and updating health history.

History

Source: 19 SDR 32, effective September 6, 1992; 46 SDR 75, effective December 4, 2019.
General Authority: SDCL 36-6A-14.
Law Implemented: SDCL 36-6A-14(1)(10), 36-6A-41.

ARSD 20:43:08:02.01 Dental assistant -- Prohibited duties

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

(1) Placing sealants;

(2) Placing nonsurgical retraction materials for gingival displacement;

(3) Fabricating provisional restorations;

(4) Using electronic instruments for caries detection;

(5) Adjusting dentures or partials;

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

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

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

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

History

Source: 46 SDR 75, effective December 4, 2019.
General Authority: SDCL 36-6A-14.
Law Implemented: SDCL 36-6A-14(1)(10), 36-6A-41.

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

An applicant for a registration to practice as a registered dental assistant shall submit to the State Board of Dentistry:

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

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

(3) Proof of one of the following:

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

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

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

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

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

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

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

History

Source: 19 SDR 32, effective September 6, 1992; 42 SDR 19, effective August 17, 2015; 46 SDR 75, effective December 4, 2019; 50 SDR 64, effective November 29, 2023.
General Authority: SDCL 36-6A-14(20), 36-6A-50(15).
Law Implemented: SDCL 36-6A-14(6)(7), 36-6A-41, 36-6A-50(15).

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

Dental assistants and registered dental assistants must be knowledgeable in the following:

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

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

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

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/.

History

Source: 19 SDR 32, effective September 6, 1992; 46 SDR 75, effective December 4, 2019.
General Authority: SDCL 36-6A-14.
Law Implemented: SDCL 36-6A-14(1)(7), 36-6A-41.

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

The board may approve a program of learning leading to a registered dental assistant certificate of competency if the program meets the following requirements:

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

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

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

History

Source: 19 SDR 32, effective September 6, 1992; 42 SDR 19, effective August 17, 2015; 46 SDR 75, effective December 4, 2019.
General Authority: SDCL 36-6A-14.
Law Implemented: SDCL 36-6A-14(7).

ARSD 20:43:08:06 Repealed

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

History

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

ARSD 20:43:08:07 Student exemption

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

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

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

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

History

Source: 19 SDR 32, effective September 6, 1992; repealed, 26 SDR 37, effective September 20, 1999; 46 SDR 75, effective December 4, 2019.
General Authority: SDCL 36-6A-14, 36-6A-33(2).
Law Implemented: SDCL 36-6A-14(7), 36-6A-33(2).

ARSD 20:43:08:08 Repealed

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

History

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

ARSD 20:43:08:09 Registered dental assistant -- Renewal

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

History

Source: 19 SDR 32, effective September 6, 1992; 38 SDR 172, effective April 25, 2012; 42 SDR 19, effective August 17, 2015; 45 SDR 35, effective September 19, 2018; 46 SDR 75, effective December 4, 2019; 50 SDR 64, effective November 29, 2023.
General Authority: SDCL 36-6A-14(20), 36-6A-50(17).
Law Implemented: SDCL 36-6A-14(6)(7), 36-6A-50(17).

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

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

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

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

History

Source: Transferred from § 20:43:03:07.02, 45 SDR 35, effective September 19, 2018; 46 SDR 75, effective December 4, 2019.
General Authority: SDCL 36-6A-14, 36-6A-55.
Law Implemented: SDCL 36-6A-55..

ARSD 20:43:08:10 Registered dental assistant -- Duties

Registered dental assistant -- D** uties. If the supervising dentist exercises full responsibility, a registered dental assistant may perform expanded functions under the direct supervision of a dentist.

A registered dental assistant may not perform the following procedures:

(1) Irreversible procedures;

(2) Cutting of hard or soft tissue;

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

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

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

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

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

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

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

(10) Establishing a final diagnosis or treatment plan;

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

of the registered dental assistant; and

(12) Other procedures prohibited by the board.

History

Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 118, effective March 24, 1988; transferred from § 20:43:04:05, 19 SDR 32, effective September 6, 1992; 42 SDR 19, effective August 17, 2015; 46 SDR 75, effective December 4, 2019.
General Authority: SDCL 36-6A-14, 36-6A-41.
Law Implemented: SDCL 36-6A-14(7)(10), 36-6A-41.

ARSD 20:43:08:11 Repealed

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

History

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

Chapter 20:43:09

ARSD 20:43:09:01 Definitions

As used in this chapter:

(1) "Accredited" means a program accredited by the American Dental Association Commission on Dental Accreditation;

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

(3) "General anesthesia" means a drug-induced loss of consciousness during which patients are not arousable, even by painful stimulation. The ability to independently maintain ventilatory function is often impaired. Patients often require assistance in 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;

(4) "Incremental dosing" means administration of multiple doses of a drug until a desired effect is reached but not to exceed the maximum recommended dose;

(5) "Maximum recommended dose" means the maximum U.S. Food and Drug Administration recommended dose of a drug, as printed in U.S. Food and Drug Administration approved labeling for unmonitored home use;

(6) "Minimal sedation" means a minimally depressed level of consciousness, produced by apharmacological method, that retains the patient’s 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;

(7) "Moderate sedation" means 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; and

(8) "Nitrous oxide sedation and analgesia" means the administration, by inhalation, of a combination of nitrous oxide and oxygen producing a minimally depressed level of consciousness that retains the patient's ability to independently and continuously maintain an airway and respond normally to tactile stimulation and verbal command.

History

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; 48 SDR 62, effective December 13, 2021.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(13)(14)(22).

ARSD 20:43:09:02 Prohibitions

A dentist licensed in this state may not administer general anesthesia and deep sedation, moderate sedation, or nitrous oxide sedation and 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 sedation and analgesic must have a general anesthesia and deep sedation, moderate sedation, or host permit.

History

Source: 19 SDR 32, effective September 6, 1992; 37 SDR 131, effective January 6, 2011; 48 SDR 62, effective December 13, 2021.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(13)(14)(22).

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

The board may issue a permit to a licensed dentist to administer general anesthesia and deep sedation to dental patients on an outpatient basis if the dentist:

(1) Has successfully completed an accredited advanced dental education residency program in oral and maxillofacial surgery or dental anesthesiology that provides comprehensive and appropriate training necessary to administer general anesthesia or deep sedation. If the residency was completed more than 12 months before application for a permit, the applicant shall also:

(A) Hold a permit to administer general anesthesia and deep sedation, or an equivalent permit, in another state and have completed a minimum of 50 general anesthesia or deep sedation cases in the 12 months before application; or

(B) Undergo a review by the board of the applicant’s recent training and experience and complete supplemental training, education, evaluation, or remediation required by the board. The applicant shall pay all costs of the training, education, evaluation, remediation, and proceedings;

(2) Has met the requirements outlined in §§ 20:43:09:12 and 20:43:09:13.01; and

(3) Is certified in administering Advanced Cardiovascular Life Support by the American Heart Association or an equivalent program approved by the board, and, if providing general anesthesia or deep sedation to a patient under 12 years, is certified in Pediatric Advanced Life Support by the American Heart Association or an equivalent program approved by the board.

A dentist with a general anesthesia and deep sedation permit may not administer general anesthesia or deep sedation without the presence and assistance of at least two individuals who hold a permit to monitor patients under general anesthesia, deep sedation, or moderate sedation, or are otherwise authorized by law to monitor patients under general anesthesia, deep sedation, or moderate sedation.

A dentist administering general anesthesia or deep sedation shall be proficient in airway management and advanced cardiac life support; shall be capable of providing intravenous access; shall continuously evaluate the patient’s blood pressure, pulse, respiratory function and cardiac activity; and shall apply the current standard of care.

A general anesthesia and deep sedation permit incorporates the authority granted by a moderate sedation permit, a nitrous oxide sedation and analgesia permit, and a host permit.

History

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; 48 SDR 62, effective December 13, 2021.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(3)(13)(14)(22).

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

The board may issue a permit to a licensed dentist to administer moderate sedation to dental patients 12 years and older on an outpatient basis if the dentist:

(1) Has successfully completed a moderate sedation course approved by the board pursuant to § 20:43:09:04.03. If the course was completed more than 12 months before application, the applicant shall also:

(A) Hold a permit to administer moderate sedation, or an equivalent permit, in another state and have completed a minimum of 12 moderate sedation cases in the 12 months before application; or

(2) Has met the requirements outlined in §§ 20:43:09:12 and 20:43:09:13; and

(3) Is certified in administering Advanced Cardiovascular Life Support by the American Heart Association or an equivalent program approved by the board.

A dentist with a moderate sedation permit may not administer moderate sedation without the presence and assistance of at least one individual who holds a permit to monitor patients under general anesthesia, deep sedation, or moderate sedation, or is otherwise authorized by law to monitor patients under general anesthesia, deep sedation, or moderate sedation.

A dentist administering moderate sedation may not use general anesthetics; shall be proficient in airway management and advanced cardiac life support; shall be capable of providing intravenous access; shall continuously evaluate the patient’s blood pressure, pulse, respiratory function, and cardiac activity; and shall apply the current standard of care.

A dentist that meets the requirements of this section may only be authorized by the board to administer moderate sedation to a child under 12 years if the dentist has successfully completed an accredited advanced dental education residency program that provides comprehensive and appropriate training necessary to administer and manage pediatric moderate sedation and is certified in Pediatric Advanced Life Support by the American Heart Association or an equivalent program approved by the board. A dentist that does not meet these requirements by June 30, 2022, may not administer moderate sedation to a child under 12 years.

A dentist who administers moderate sedation shall maintain a margin of safety and a level of consciousness in the patient that does not approach general anesthesia or deep sedation and shall be able to rescue a patient whose level of sedation becomes deeper than initially intended.

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

A moderate permit incorporates the authority granted in a nitrous oxide sedation and analgesia permit and host permit. A dentist that holds a moderate sedation permit and utilizes a licensed anesthesia provider to administer general anesthesia, deep sedation, or moderate sedation to a patient under 12 years shall also be certified in Pediatric Advanced Life Support by the American Heart Association or an equivalent program approved by the board.

History

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; 48 SDR 62, effective December 13, 2021.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(3)(13)(14)(22).

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

A dentist that holds a general anesthesia and deep sedation, moderate sedation, or host permit and utilizes a licensed anesthesia provider to administer general anesthesia, deep sedation, or moderate sedation in a dental office or facility on an outpatient basis to a dental patient on whom the dentist is performing a dental procedure shall:

(1) Have a written contract or written agreement with the licensed anesthesia provider that outlines the appropriate roles and responsibilities of the dentist, licensed anesthesia provider, and clinical staff, for the administration of sedation or anesthesia, that shall include requirements that the licensed anesthesia provider:

(A) Collaborate with the dentist on patient selection based on clearly defined patient selection criteria;

(B) Be continuously present during the administration of the anesthetic;

(D) Transfer care of the patient to an individual who holds a permit to monitor patients under general anesthesia, deep sedation, or moderate sedation, or is otherwise authorized by law to monitor patients under general anesthesia, deep sedation, or moderate sedation; and

(E) Remain on the premises of the facility where the anesthesia was administered until the anesthetized patient is fully recovered and discharged from the facility to a responsible adult;

(2) Notify the board of the location of any dental office or facility where general anesthesia, deep sedation, or moderate sedation services will be provided;

(3) Ensure the availability of 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) Verify that the requirements for the level of anesthesia or sedation being provided, as required in § 20:43:09:13 or 20:43:09:13.01, are satisfied;

(5) Hold a general anesthesia and deep sedation, moderate sedation, or host 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;

(7) Ensure that the licensed anesthesia provider's qualifications and competency to deliver the necessary sedation or anesthesia services have been meaningfully verified; and

(8) Ensure that the licensed anesthesia provider is not administering general anesthesia and deep sedation without the presence and assistance of at least one individual, other than the dentist completing the dental procedure, who holds a permit to monitor patients under general anesthesia, deep sedation, or moderate sedation, or is otherwise authorized by law to monitor patients under general anesthesia and deep sedation.

History

Source: 37 SDR 131, effective January 6, 2011; 42 SDR 83, effective December 3, 2015; 48 SDR 62, effective December 13, 2021.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(13)(14)(22).

ARSD 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 a licensed ambulatory surgery center or hospital.

History

Source: 37 SDR 131, effective January 6, 2011; 48 SDR 62, effective December 13, 2021.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(13)(22).

ARSD 20:43:09:04.03 Moderate sedation course requirements

The board may approve a moderate sedation training course as referenced in subdivision 20:43:09:04(1) if the course meets the following requirements:

(1) The course satisfies all objectives and content as described in Part 5 of the Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students;

(2) The course includes a minimum of 60 clock hours of coursework that is provided through didactic instruction;

(3) The course includes the administration of moderate parenteral sedation via the intravenous route to at least 20 individually managed live patients of the appropriate age. The course participant must be listed on the anesthesia record, administer the drugs, and document the administration and physiologic findings on the anesthesia record;

(4) The course includes clinical experience in the management of the compromised airway and establishment of intravenous access;

(5) The course is directed by a dentist or physician qualified by experience and training, including the following:

(A) The course director has not been disciplined for conduct that, in the opinion of the board, would jeopardize the safety of the public or patients;

(B) The course director holds a current permit or license to administer general anesthesia and deep sedation or moderate sedation in at least one state; and

(C) The course director has at least three years of experience administering general anesthesia and deep sedation or moderate sedation, including formal postdoctoral residency training in anxiety and pain control;

(6) The course has a clinical participant-faculty ratio of not more than four-to-one;

(7) The course includes a mechanism for the course participant to evaluate the performance of individuals presenting the course material, a summary of which is maintained and available for review;

(8) The course provides additional clinical experience if the course participant has not achieved competency within the time allotted for the course; and

(9) The course director certifies the competency of a course participant in each moderate sedation technique, including instruction, clinical experience, managing the airway, intravascular or intraosseous access, and reversal drugs, before the course participant is issued documentation verifying successful completion of the course.

The board shall conduct a review of moderate sedation courses annually and may only approve courses that have submitted documentation necessary to verify that the course requirements outlined in this section have been met. A course director may be required to participate in an interview as part of the course review before the board approves the course.

References: "Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students," 2016 Edition, American Dental Association. Copies may be obtained from the American Dental Association at www.ada.org free of charge.

History

Source: 48 SDR 62, effective December 13, 2021.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(3)(13)(22).

ARSD 20:43:09:04.04 Host permit requirements

The board may issue a permit to a licensed dentist to utilize a licensed anesthesia provider to administer general anesthesia, deep sedation, or moderate sedation, in compliance with § 20:43:09:04.01 on an outpatient basis to a dental patient on whom the dentist is performing a dental procedure, if the dentist:

(1) Has successfully completed a course approved by the board that meets the criteria outlined in § 20:43:09:04.05. If the course was completed more than 12 months before application for a permit, the applicant must also hold a permit equivalent to the host permit in another state;

(2) Has met the requirements outlined in § 20:43:09:12;

(3) Has met the requirements outlined in § 20:43:09:13 or 20:43:09:13.01, based on the highest level of sedation or anesthesia that will be provided to a patient; and

(4) Is certified in administering Advanced Cardiovascular Life Support by the American Heart Association or an equivalent program approved by the board.

A dentist that holds a host permit is authorized to monitor a patient under general anesthesia, deep sedation, or moderate sedation. A dentist that holds a host permit and utilizes a licensed anesthesia provider to provide general anesthesia, deep sedation, or moderate sedation to a patient under 12 years shall also be certified in Pediatric Advanced Life Support by the American Heart Association or an equivalent program approved by the board.

History

Source: 48 SDR 62, effective December 13, 2021.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(13)(14)(22).

ARSD 20:43:09:04.05 Host course requirements

The board may approve an educational course as referenced in subdivision 20:43:09:04.04(1) if the course meets the following requirements:

(1) The course provides instruction and an assessment of knowledge and skill in the following areas:

(A) Preoperative patient assessment;

(B) Emergency scenarios and rescue;

(D) Patient safety and monitoring;

(E) Airway assessment and management;

(F) Anesthetic drugs; and

(G) Recovery; and

(2) Upon completion, the course participant can:

(A) Identify a high-risk patient;

(B) Differentiate between levels of sedation;

(D) Rescue a patient from a deeper-than-intended level of sedation.

The board shall conduct a review of courses annually and may only approve courses that have submitted documentation necessary to verify that the course requirements outlined in this section have been met. A course director may be required to participate in an interview as part of the course review before the board approves the course.

History

Source: 48 SDR 62, effective December 13, 2021.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(3)(13)(22).

ARSD 20:43:09:04.06 Anesthesia or sedation education -- Other

At its discretion, in lieu of the requirement outlined in subdivision 20:43:09:03(1), 20:43:09:04(1), or 20:43:09:04.04(1), the board may consider training or experience accepted in any state or jurisdiction that resulted in an equivalent permit being issued to or maintained by the applicant. The board may deem such training or experience substantially equivalent and issue a permit or may require that the applicant complete supplemental training, education, evaluation, or remediation before a permit may be issued. The applicant shall pay all costs of the training, education, evaluation, remediation, or proceedings.

History

Source: 48 SDR 62, effective December 13, 2021.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(13)(22).

ARSD 20:43:09:05 Nitrous oxide sedation and analgesia permit requirements -- Dentists

The board may issue a permit to a dentist to administer nitrous oxide sedation and analgesia to dental patients on an outpatient basis if the dentist:

(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 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 a course in nitrous oxide sedation and analgesia through an accredited dental school and either:

(A) Completed the course within 13 months before application for a permit; or

(B) Completed the course more than 13 months before application, has legally administered nitrous oxide sedation and analgesia for a period of time during the three years preceding application, and attests to the applicant's current clinical proficiency to administer nitrous oxide sedation and analgesia.

A dentist that administers nitrous oxide sedation and analgesia must use equipment with fail-safe features, a 30-percent-minimum oxygen flow, and a scavenger system.

If a patient is 12 years or older, a dentist may administer nitrous oxide sedation and analgesia in combination with a single enteral drug to achieve minimal sedation 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 sedation and analgesia 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.

Reference: "Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students," 2016 Edition, American Dental Association. Copies may be obtained from the American Dental Association at www.ada.org free of charge.

History

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; 48 SDR 62, effective December 13, 2021.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(3)(13)(14)(22).

ARSD 20:43:09:06 Nitrous oxide sedation and analgesia permit requirements and authorization -- Dental hygienists and registered dental assistants

The State Board of Dentistry may issue a permit to a dental hygienist or a registered dental assistant to administer nitrous oxide sedation and analgesia to dental patients on an outpatient basis under the supervision of a dentist if the dental hygienist or registered dental assistant:

(2) Has successfully completed a State Board of Dentistry-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 for a permit; or

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

A dental hygienist or registered dental assistant who administers nitrous oxide sedation and analgesia shall use equipment with fail-safe features, a thirty-percent-minimum oxygen flow, and a scavenger system.

A dental hygienist or registered dental assistant with a permit to administer nitrous oxide sedation and analgesia may administer nitrous oxide sedation and analgesia to dental patients under the dentist’s indirect supervision, as that term is defined in SDCL 36-6A-1.

A dental hygienist with a permit to administer nitrous oxide sedation and analgesia may administer nitrous oxide sedation and analgesia to dental patients eighteen years and older under the dentist’s general supervision, as that term is defined in SDCL 36-6A-1, if the supervising dentist has authorized the administration and the authorization is included in the patient's record. If there has been a relevant change in the patient's medical history since the authorization, the dental hygienist must consult with the dentist before administering nitrous oxide sedation and analgesia. The dentist shall ensure a written emergency response protocol is in place for patients receiving nitrous oxide sedation and analgesia by the dental hygienist under general supervision.

History

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; 48 SDR 62, effective December 13, 2021; 50 SDR 12, effective August 8, 2023.
General Authority: SDCL 36-6A-14(10)(20).
Law Implemented: SDCL 36-6A-14(1)(3)(7)(10)(13)(14)(22), 36-6A-40.

ARSD 20:43:09:06.01 Local anesthesia permit requirements and authorization -- Dental hygienists

The State Board of Dentistry may issue a permit to a dental hygienist to administer local anesthesia to dental patients on an outpatient basis under the supervision of a dentist if the dental hygienist has met the following requirements:

(2) Has successfully completed a State Board of Dentistry-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 for a permit; or

(b) Completed the course more than thirteen months prior to application for a permit, 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.

A dental hygienist with a permit to administer local anesthesia may administer local anesthesia to dental patients under the dentist’s indirect supervision, as that term is defined in SDCL 36-6A-1.

A dental hygienist with a permit to administer local anesthesia may administer local anesthesia to dental patients eighteen years and older under the dentist’s general supervision, as that term is defined in SDCL 36-6A-1, if the supervising dentist has authorized the administration and the authorization is included in the patient's record. If there has been a relevant change in the patient's medical history since the authorization, the dental hygienist must consult with the dentist before administering local anesthesia. The dentist shall ensure a written emergency response protocol is in place for patients receiving local anesthesia by the dental hygienist under general supervision.

History

Source: 37 SDR 131, effective January 6, 2011; 42 SDR 83, effective December 3, 2015; 50 SDR 12, effective August 8, 2023.
General Authority: SDCL 36-6A-14(10)(20).
Law Implemented: SDCL 36-6A-14(1)(3)(7)(10)(13)(14)(22), 36-6A-40.

ARSD 20:43:09:06.02 Minimal sedation

If a patient is 12 years or older, a dentist may administer an oral drug to achieve a state of 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. If a patient is 12 years or older, a dentist may administer to the patient or prescribe for patient self-administration up to the maximum recommended dose of a single enteral drug per visit, to achieve a state of minimal sedation without a general anesthesia and deep sedation permit or moderate sedation permit.

Reference: "Guidelines for the Use of Sedation and General Anesthesia by Dentists," 2016 Edition, American Dental Association. Copies may be obtained from the American Dental Association at www.ada.org free of charge.

History

Source: 37 SDR 131, effective January 6, 2011; 42 SDR 83, effective December 3, 2015; 48 SDR 62, effective December 13, 2021.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(3)(13)(14)(22).

ARSD 20:43:09:08 Permits -- Application fees -- Temporary permits -- Renewal

The application fee for a general anesthesia and deep sedation, moderate sedation, or host permit is fifty dollars. The application fee for a permit for a dentist, dental hygienist, or registered dental assistant to administer nitrous oxide sedation and analgesia is forty-five dollars. The application fee for a permit for a dental hygienist to administer local anesthesia is forty-five dollars.

The State Board of Dentistry may issue a temporary permit to an applicant who has met the applicable requirements of this chapter. The board shall determine the duration of the temporary permit, which may not exceed one year. The temporary permit of a permit holder who fails an inspection is automatically suspended. Upon suspension, the applicant may request another inspection.

A general anesthesia and deep sedation permit, moderate sedation permit, or host permit must be renewed annually. The renewal fee for a general anesthesia and deep sedation permit, a moderate sedation permit, or a host permit is fifty dollars. The board may conduct a re-evaluation of the credentials and facility of the permit holder for permit renewal. Any dentist 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 dentist who holds a general anesthesia and deep sedation permit shall complete at least fifty cases of general anesthesia or deep sedation annually. A dentist who holds a moderate sedation permit shall complete at least twelve cases of moderate sedation annually. If a dentist is unable to complete the required number of annual sedation or anesthesia cases, the dentist must complete three hours of board-approved continuing education that pertain to the administration and management of the applicable level of sedation or anesthesia for each case not completed. This continuing education is in addition to other continuing education permit requirements. A dentist who holds a general anesthesia and deep sedation, moderate sedation, or host permit shall document completion of team training on emergency response protocols at least annually in the setting where the anesthesia or sedation is being provided. The permit holder must provide documentation of the requirements outlined in this section to the board upon request.

A nitrous oxide sedation and analgesia permit, local anesthesia permit, and permit to monitor patients under general anesthesia, deep sedation, or moderate sedation must be renewed annually. The renewal fee for a nitrous oxide sedation and analgesia permit for a dentist is fifty dollars. The renewal fee for a nitrous oxide sedation and analgesia permit for a dental hygienist is thirty-five dollars. The renewal fee for a nitrous oxide sedation and analgesia permit for a registered dental assistant is thirty-five dollars. The renewal fee for a permit to administer local anesthesia for a dental hygienist is thirty-five dollars. There is no renewal 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, host permit, nitrous oxide sedation and 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.

History

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; 48 SDR 62, effective December 13, 2021; 50 SDR 64, effective November 29, 2023.
General Authority: SDCL 36-6A-14(20), 36-6A-50(12)
Law Implemented: SDCL 36-6A-14(9)(14)(22), 36-6A-23(2), 36-6A-50(12).

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

All dentists must notify the board within 72 hours after any death or any incident that results in temporary or permanent physical or mental injury requiring medical treatment of the dentist's patient during, or as a result of, the administration of general anesthesia and deep sedation, moderate sedation, or nitrous oxide sedation and 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 general anesthesia and deep sedation, moderate sedation, host, or nitrous oxide sedation and analgesia permit.

History

Source: 19 SDR 32, effective September 6, 1992; 37 SDR 131, effective January 6, 2011; 48 SDR 62, effective December 13, 2021.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(2)(14)(22).

ARSD 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.

History

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).

ARSD 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.

History

Source: 42 SDR 83, effective December 3, 2015.
General Authority: SDCL 36-6A-14(10).
Law Implemented: SDCL 36-6A-14(10)(22).

ARSD 20:43:09:11 Inspection

The dentist subject to an inspection shall be responsible for all costs associated with an inspection. The inspection shall be completed by one or more inspectors approved by the board.Inspectors shall be individuals who are legally authorized to administer anesthesia or sedation at the level of the inspection being completed; have at least three years of experience administering dental anesthesia or sedation in a dental office; have not been disciplined for conduct that, in the opinion of the board, would jeopardize the safety of the public or patients; and abide by the inspection process approved by the board.

A dentist who applies for a general anesthesia and deep sedation, moderate sedation, or host permit shall pass a facility inspection conducted at the facility where anesthesia or sedation will be provided before a temporary general anesthesia and deep sedation, moderate sedation, or host permit may be issued.

A dentist who holds a temporary general anesthesia and deep sedation, moderate sedation, or host permit shall pass a full inspection before a general anesthesia and deep sedation, moderate sedation, or host permit may be issued.

A dentist who holds a general anesthesia and deep sedation, moderate sedation, or host permit shall pass a full inspection at least once in each five-year licensure cycle to maintain the permit.

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

History

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; 48 SDR 62, effective December 13, 2021.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(2)(13)(22).

ARSD 20:43:09:12 Requirements of inspection

Each inspection must be completed for the dentist whose permit or application is under review using an inspection form and process approved by the board and must include the following:

(1) For a facility inspection to obtain a temporary general anesthesia and deep sedation, moderate sedation, or host permit, an evaluation of:

(A) The physical facility in which anesthesia or sedation will be provided;

(B) The drugs, emergency medications, staff, and equipment necessary for the safe administration of the level of anesthesia or sedation authorized by the permit; and

(C) The technical competency of the permit holder and clinical office staff to effectively respond to anesthesia-related emergencies;

(2) For a full inspection to obtain and maintain a host permit, an evaluation of:

(A) The physical facility in which anesthesia or sedation will be provided;

(B) The drugs, emergency medications, staff, and equipment necessary for the safe administration of the level of anesthesia or sedation authorized by the permit;

(C) The technical competency of the permit holder and clinical office staff to effectively respond to anesthesia-related emergencies; and

(D) Appropriate patient anesthesia records;

(3) For a full inspection to obtain and maintain a general anesthesia and deep sedation or moderate sedation permit, an evaluation of:

(A) The physical facility in which anesthesia or sedation will be provided;

(B) The drugs, emergency medications, staff, and equipment necessary for the safe administration of the level of anesthesia or sedation authorized by the permit;

(C) The technical competency of the permit holder and clinical office staff to effectively respond to anesthesia-related emergencies;

(D) Appropriate patient anesthesia records; and

(E) The technical competency of the permit holder to safely administer the level of anesthesia or sedation authorized by the permit.

History

Source: 37 SDR 131, effective January 6, 2011; 48 SDR 62, effective December 13, 2021.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(13)(14)(22).

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

Any dentist who administers moderate sedation or who provides dental services to patients under moderate sedation shall ensure that the office or facility in which the work is performed:

(1) Has an operatory of the appropriate size and design to permit access of emergency equipment and personnel and to permit appropriate emergency management;

(2) Has the following equipment:

(A) An automated external defibrillator or full function defibrillator that is immediately accessible;

(B) A positive pressure oxygen delivery system and a backup system;

(D) Auxiliary lighting;

(E) A gas storage facility;

(F) A recovery area. Recovery may take place in the surgical suite. If a separate recovery area is utilized, it must be of the appropriate size for emergency access and management and must have resuscitative equipment present;

(G) Methods to monitor respiratory and cardiac function, including all of the following:

(1) Pulse oximetry; and

(2) Electrocardiogram display;

(3) Precordial stethoscope;

(4) Measurement of EtCO2, capnography; and

(5) Blood pressure monitor; and

(H) Board approved and readily available emergency drugs and appropriately sized equipment necessary to resuscitate a non-breathing and unconscious patient and provide continuous support while the patient is transported to a medical facility. The permit holder shall provide documentation that all emergency drugs and equipment are inspected and maintained on a prudent and regularly scheduled basis, according to manufacturer specifications where applicable.

History

Source: 37 SDR 131, effective January 6, 2011; 41 SDR 108, effective January 6, 2015; 48 SDR 62, effective December 13, 2021.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(3)(13)(14)(22).

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

Any dentist who administers general anesthesia or deep sedation or who provides dental services to patients under general anesthesia or deep sedation shall ensure that the office or facility in which the work is performed:

(1) Has an operatory of the appropriate size and design to permit access of emergency equipment and personnel and to permit appropriate emergency management;

(2) Has the following equipment:

(A) An automated external defibrillator or full function defibrillator that is immediately accessible;

(B) A positive pressure oxygen delivery system and a backup system;

(D) Auxiliary lighting;

(E) A gas storage facility;

(G) Methods to monitor respiratory and cardiac function, including all of the following:

(1) Pulse oximetry;

(2) Electrocardiogram display;

(3) Precordial or pretrachial stethoscope;

(4) Measurement of EtCO2, capnograpy; and

(5) Blood pressure monitor; and

History

Source: 41 SDR 108, effective January 6, 2015; 48 SDR 62, effective December 13, 2021.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(3)(13)(14)(22).

ARSD 20:43:09:14 Clinical guidelines

A dentist who provides any level of sedation or utilizes the services of a licensed anesthesia provide shall apply the current standard of care.

History

Source: 37 SDR 131, effective January 6, 2011; 48 SDR 62, effective December 13, 2021.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(3)(13)(14)(22).

ARSD 20:43:09:15 Intravenous line

A dental hygienist, registered dental assistant, or dental assistant may start an intravenous line if he or she has met the following requirements:

(1) Taken a board approved anesthesia assisting course; and

(2) Received intravenous line training.

History

Source: 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, 36-6A-41.

ARSD 20:43:09:16 Anesthesia credentials committee

The anesthesia credentials committee is a peer review committee appointed by the board to assist the board in the administration of this chapter. The committee shall include at least one member of the board, up to five additional dentists that hold a general anesthesia and deep sedation or moderate sedation permit, and up to one additional dentist that does not hold a general anesthesia and deep sedation or moderate sedation permit. The board shall appoint the chair.

The anesthesia credentials committee chair, or its members, shall perform the following duties at the request of the board:

(1) Review permit applications and approve an application if the requirements of the chapter have been met;

(2) Review educational courses or residency programs and make recommendations to the board;

(3) Review inspector candidates and make recommendations to the board; and

(4) Other duties as delegated by the board or board president.

History

Source: 37 SDR 131, effective January 6, 2011; 42 SDR 83, effective December 3, 2015.
General Authority: SDCL 36-6A-14(1).
Law Implemented: SDCL 36-6A-14(22).

ARSD 20:43:09:17 Emergency response protocol

A dentist shall ensure a written emergency response protocol is in place for all patients undergoing moderate sedation, deep sedation, or general anesthesia.

History

Source: 48 SDR 62, effective December 13, 2021.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-14(1)(13)(14)(22).

Chapter 20:43:10

ARSD 20:43:10:01 Practice settings

A dentist may provide collaborative supervision to a dental hygienist pursuant to a collaborative agreement if the dentist holds a license in good standing in the state of South Dakota and the following services are provided:

(1) In a school as defined in § 24:43:01:01(38);

(2) In a nursing facility as defined in SDCL 34-12-1.1;

(3) Under the auspices of a Head Start program or Early Head Start program being operated by an agency designated pursuant to section 641 or 645A of the Head Start Act;

(4) Under the auspices of a mobile or portable dental unit operated by any nonprofit organization affiliated with a nonprofit dental service corporation organized under SDCL chapter 58-39;

(5) Under the auspices of a community based primary health care delivery organization, which is operating as a community health center or migrant health center, receiving funding assistance pursuant to section 329 or 330 of the United States Public health Service Act;

(6) Through a program administered by the South Dakota Department of Health;

(7) Through a program administered by the South Dakota Department of Social Services;

(8) Through a program administered by the South Dakota Department of Human Services; or

(9) Through a program administered by the South Dakota Department of Corrections.

History

Source: 38 SDR 172, effective April 25, 2012.
General Authority: SDCL 36-6A-40.1, 36-6A-40.2.
Law Implemented: SDCL 36-6A-40.1, 36-6A-40.2.

ARSD 20:43:10:02 Qualifications

A dental hygienist providing preventative and therapeutic services under collaborative supervision must hold a license in good standing in the state of South Dakota.

History

Source: 38 SDR 172, effective April 25, 2012; 43 SDR 16, effective August 15, 2016; 50 SDR 157, effective July 1, 2024.
General Authority: SDCL 36-6A-40.2.
Law Implemented: SDCL 36-6A-40.1, 36-6A-40.2.

ARSD 20:43:10:03 Application for registration

A dental hygienist registering to provide services under collaborative supervision must submit the following to the State Board of Dentistry:

(1) A completed collaborative agreement; and

(2) A fee of twenty dollars.

History

Source: 38 SDR 172, effective April 25, 2012; 43 SDR 16, effective August 15, 2016; 50 SDR 157, effective July 1, 2024.
General Authority: SDCL 36-6A-40.2.
Law Implemented: SDCL 36-6A-40, 36-6A-40.1, 36-6A-40.2.

ARSD 20:43:10:04 Collaborative agreement

When working together in a collaborative supervision relationship, a dentist and dental hygienist shall enter into a written board approved collaborative agreement that specifies the following responsibilities:

(1) A dentist providing collaborative supervision must:

(a) Provide appropriate communication and consultation with the dental hygienist;

(b) Have age and procedure specific standing orders for the performance of dental hygiene services. Those standing orders must include consideration for medically compromised patients and medical conditions for which a dental evaluation must occur prior to the provision of dental hygiene services;

(c) Specify a period of time, no more than 13 months, in which a complete evaluation or an oral health review by a dentist must occur prior to providing further hygiene services; and

(d) Limit the number of dental hygienists that the dentist has a collaborative agreement with to four or less;

(2) A dental hygienist providing services under collaborative supervision may provide all preventative and therapeutic services that a hygienist is allowed to provide pursuant to SDCL chapter 36-6A and this chapter, except for the administration of local anesthesia and nitrous oxide inhalation analgesia, and must:

(a) Maintain appropriate contact and communication with the dentist providing collaborative supervision;

(b) Practice according to age and procedure specific standing orders as directed by the supervising dentist, unless otherwise directed by the dentist for a specific patient;

(c) Provide to the patient, parent, or guardian a written plan for referral to a dentist and assessment of further dental treatment needs;

(d) Have each patient sign a consent form that notifies the patient that the services that will be provided do not take the place of regular dental checkups at a dental office and are meant for people who otherwise would not have access to services; and

(e) Specify a procedure for creating and maintaining dental records for patients that are treated by the dental hygienist, including where these records are to be located;

(3) A copy of the collaborative agreement shall be filed with the board. If any changes are made to the collaborative agreement, an updated copy of the agreement shall be filed with the board and must be approved;

(4) If the agreement is terminated by the dentist or dental hygienist, the board shall be notified in writing within 30 days. A termination of the collaborative agreement constitutes a suspension of the registration;

(5) The collaborative agreement must be maintained by the dentist and the dental hygienist in each location where collaborative supervision is provided and must be made available to the board upon request. The dentist and dental hygienist must review the agreement annually.

History

Source: 38 SDR 172, effective April 25, 2012; 43 SDR 16, effective August 15, 2016.
General Authority: SDCL 36-6A-40.2.
Law Implemented: SDCL 36-6A-40.2.

ARSD 20:43:10:05 Reporting requirements, Repealed

20:43:10:05. Reporting requirements. Repealed.

History

Source: 38 SDR 172, effective April 25, 2012; 50 SDR 12, effective August 8, 2023.

ARSD 20:43:10:06 Termination of agreement

If any provision of the collaborative agreement is violated, the registration may be suspended or revoked by the Board.

History

Source: 38 SDR 172, effective April 25, 2012.
General Authority: SDCL 36-6A-40.2.
Law Implemented: SDCL 36-6A-40.2.

Chapter 20:43:11

ARSD 20:43:11:01 Content

A dentist who treats patients shall maintain legible, complete, and accurate medical records. The medical record must contain the patient’s clinical and financial record. The clinical record must contain the following information:

(1) For each clinical record entry note:

(a) The signature, initials, or electronic verification of the individual that made the entry note; and

(b) If treatment was provided, the name and the signature, initials, or electronic verification of the individual that provided treatment;

(2) The date of each patient record entry, document, radiograph or model;

(3) The examination findings documented by subjective complaints, objective findings, an assessment or diagnosis of the patient's condition, and proposed treatment options;

(4) Current dental and medical history that may affect dental treatment;

(5) Any images, radiographs, test results or other diagnostic aid used to aid in the diagnosis. All film or digital radiographs must be of diagnostic quality. Retention of molds or study models is at the discretion of the dentist, except for molds or study models for orthodontia or full mouth reconstruction that must be retained as part of the clinical record;

(6) An agreed upon treatment plan based on the assessment or diagnosis of the patient's condition;

(7) A complete description of all treatment or procedures administered to the patient at each visit;

(8) A record of any medication administered or dispensed in office, or prescribed, including:

(a) The date administered, dispensed, or prescribed;

(b) The name of the patient to which the medication was administered, dispensed, or prescribed;

(d) The dosage and amount of the medication administered, dispensed, or prescribed, including refills;

(9) Referrals, patient response to referrals, and any communication to and from any health care provider regarding the patient;

(10) Notation of communication to and from the patient or patient's parent or guardian, including:

(a) Notation of informed consent, including communication of potential risks and benefits of proposed treatment, recommended tests, and alternatives to treatment, including no treatment or tests;

(b) Notation of post-treatment instructions or reference to an instruction pamphlet given to the patient;

(c) Notation regarding patient complaints or concerns associated with treatment, including complaints or concerns obtained in person, by phone call, mail, electronic communication, or digital communication; and

(d) Termination of the doctor-patient relationship; and

(11) A copy of, or notation regarding, each laboratory order.

History

Source: 50 SDR 125, effective May 8, 2024.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-1(6), 36-6A-14(1).

ARSD 20:43:11:02 Editing

Clinical record entries may not be erased or deleted from the record, and may only be edited or corrected as follows:

(1) If the medical record is a written record, entries must be edited with a single line drawn through the incorrect information. New or corrected information must be initialed and dated. The individual initialing the record shall identify who the individual is on the written medical record; or

(2) If the medical record is an electronic record, a record audit trail must be maintained with the medical record that includes a time and date history of deletions, edits, and corrections to electronically signed or locked medical records.

History

Source: 50 SDR 125, effective May 8, 2024.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-1(6), 36-6A-14(1).

ARSD 20:43:11:03 Retention and destruction

The following applies to medical records subject to this chapter:

(1) If a patient is an adult, the dentist must retain the medical records for seven years from the date of the last treatment, examination, or prescription;

(2) If a patient is a minor, the dentist must retain the medical records for one year after the patient reaches the age of eighteen or seven years from the date of the last treatment, examination, or prescription, whichever is longer;

(3) If medical records are part of an investigation by the State Board of Dentistry, the dentist must extend retention of medical records until the dentist is notified that the investigation is complete;

(4) If a dentist is employed by a dental entity or another dentist, the dental entity or employing dentist is responsible for maintaining the medical records as outlined in this section; and

(5) When medical records are destroyed, confidentiality must be preserved.

History

Source: 50 SDR 125, effective May 8, 2024.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-1(6), 36-6A-14(1), 36-6A-21.1.

ARSD 20:43:11:04 Furnishing and transfer

The following applies to medical records subject to this chapter:

(1) Upon receiving an authorization for release of a medical record, pursuant to SDCL 36-2-16.2, the dentist or dental entity responsible for the medical records shall furnish copies of the medical records within ten business days. The copies must be legible and include copies of radiographs that are of diagnostic quality;

(2) When closing a dental practice, a dentist or dental entity responsible for the medical records may not transfer the medical records until the dentist or dental entity has attempted to provide notice of the pending transfer to patients that received treatment from the dentist or dental entity within the five years preceding the date of the notice. The notice must be sent electronically or by mail to the patient's last-known address. The notice must read that, at the written request of the patient or an authorized representative, the medical records or copies will be sent to another provider of the patient's choice or provided to the patient. The notice must also disclose whether any charges will be billed to the patient for supplying the patient or the provider chosen by the patient with the originals or copies of the patient's medical records; and

(3) When medical records are transferred to a dentist or dental entity as part of a sale of a dental practice, the dentist or dental entity receiving the medical records is responsible for maintaining the patient records as outlined in § 20:43:11:03.

History

Source: 50 SDR 125, effective May 8, 2024.
General Authority: SDCL 36-6A-14(20).
Law Implemented: SDCL 36-6A-1(6), 36-6A-14(1), 36-2-16.2.