South Dakota Register Volume 48, Pages 079, February 7, 2022

• Jurisdiction: South Dakota
• Library: South Dakota Register
• Published date: 07 February 2022
• Year: 2022

79

SOUTH DAKOTA

REGISTER

Published weekly by the Legislative Research Council

Volume 48 Monday, 8:00 a.m., February 7, 2022

FILINGS WITH THE LEGISLATIVE RESEARCH COUNCIL

Declaratory Ruling

The South Dakota State Board of Dentistry (Department of Health) has filed with the Legislative Research Council a copy

of Declaratory Ruling 22-01, dated January 14, 2022. The ruling addressed a petition questioning whether the board:

(1) exceeded its authority under the Dental Practices Act (SDCL § 36-6A-14) by attempting to regulate the "standard of

care as defined in Appeal of Schramm, 414 N.W.2d 31 (S.D. 1987); (2) exceeded its authority under the Dental Practices

Act by treating the standard of competence (SDCL § 36-6A-59) as indistinguishable from the standard of conduct

(SDCL § 36-6A-59.1); (3) incorrectly read the term "inappropriate," as used in SDCL § 36-6A-59.1(22); (4) incorrectly read

the phrase "conduct which tends to constitute a danger to health, welfare, or safety of the public or patients"; and

(5) deprived the petitioner of being reasonably certain of the allegations against him to the extent that he could prepare

an adequate defense. The board, in its ruling, answered no to all the questions presented in the petition.

SCHEDULED PUBLIC HEARINGS

2-07-2022

No hearings scheduled.

RULES REVIEW COMMITTEE MEETINGS

The Interim Rules Review C ommittee has completed its meeting schedu le for the 2021 Interim. Find notices of committee

meetings in this publication, on the LRC webs ite, and at the Capitol.

The Drafting Manual for Administrative Rules in South Dakota is available on the Administrative Rules Manual page of the

LRC website and is updated regularly to reflect changes in drafting styles and procedures.

The South Dakota Register, ISSN 0191-1104, is published by the South Dakota Legislative Research Council pursuant to

SDCL 1-26A-1. Information from the Register is available free of charge on the LRC website (www.sdlegislature.gov/).

You may subscribe for electronic delivery of the South Dakota Register at My LRC+ on the LRC website.