South Dakota § 36-6A-33 - Persons excluded from unauthorized practice or prohibited services provisions.

§ 36-6A-33. Persons excluded from unauthorized practice or prohibited services provisions.

The provisions of §§ 36-6A-30 and 36-6A-31 do not apply to:

(1)    Any dentist licensed in another state making a clinical presentation sponsored by a board approved dental society or association or an American Dental Association Commission on Dental Accreditation accredited dental educational institution;

(2)    Any person enrolled in any American Dental Association Commission on Dental Accreditation accredited dental or allied dental educational program or board approved dental assisting educational program who works within a formal educational facility or at a site remote from that educational facility under the supervision of a faculty member of that program who is appropriately credentialed or licensed in a state;

(3)    Any dental instructor, whether full-time or part-time, while engaged in teaching activities while employed by or contracting with any dental or allied dental educational program accredited by the American Dental Association Commission on Dental Accreditation or any dental assisting instructor, whether full-time or part-time, while engaged in teaching activities while employed by or contracting with any board approved dental assisting educational program;

(4)    Any person licensed or registered as a dentist, dental hygienist, or registered dental assistant in another state who renders emergency care or assistance at the scene of the emergency to any person so in need;

(5)    Any dental hygienist or dental auxiliary who is acting in accordance with this chapter;

(6)    Any service, other than service performed directly upon the person of a patient, of constructing, altering, repairing, or duplicating any denture, partial denture, crown, bridge, splint, orthodontic, prosthetic, or other dental appliance, if performed pursuant to an order from a dentist in accordance with § 36-6A-43;

(7)    The practice of dentistry by any dentist in the discharge of the dentist's official duties in any branch of the armed services of the United States, the United States Public Health Service, or the United States Veterans Administration;

(8)    The practice of dentistry by any licensed dentist of another state or country while appearing as a clinician under the auspices of an American Dental Association Commission on Dental Accreditation accredited dental school or college, or a board approved dental society, or a board approved dental study club composed of dentists;

(9)    The practice of dentistry provided by a community-based primary health care delivery organization, which is operating as a community health center or migrant health center, receiving funding assistance under § 329 or 330 of the United States Public Health Service Act;

(10)    The practice of dentistry provided by any mobile or portable dental unit operated by any nonprofit organization affiliated with a nonprofit dental service corporation organized pursuant to chapter 58-39;

(11)    The practice of dentistry provided by any dental or allied dental educational program accredited by the American Dental Association Commission on Dental Accreditation and any dental assisting educational program approved by the board;

(12)    The practice of dentistry provided by the state in any state owned and operated institution;

(13)    The practice of dentistry provided by the federal government in any institution owned and operated by the federal government;

(14)    Any person who ministers or treats the sick or suffering or who treats for the purpose of preventing sickness or suffering by mental or spiritual means exclusively; or

(15)    The estate or agent for a deceased or substantially disabled dentist contracting with or employing a dentist to manage the deceased or substantially disabled dentist's practice for a period not to exceed twenty-four months following the date of death or substantial disability of the dentist, until the entity can be sold or closed.

Source: SL 1981, ch 275, § 13; SL 1992, ch 269, § 25; SL 2015, ch 199, § 36.