§ 43-28-02 — Exceptions

The provisions of this chapter do not apply:
1. To the filling of written prescriptions of a licensed and registered dentist by any person
for the construction, reproduction, or repair of prosthetic dentures, bridges, plates, or
appliances, to be used or worn as substitutes for natural teeth, provided, that such
person or legal entity may not solicit or advertise, directly or indirectly, by mail, card,
newspaper, pamphlet, radio, television, or otherwise to the general public to construct,
reproduce, repair prosthetic dentures, bridges, plates, or other appliances to be used
or worn as substitutes for natural teeth.
2. To a student enrolled in and regularly attending any dental college, dental hygiene, or
dental assisting program recognized as such by the board, if the student's acts are
done in the dental college, dental hygiene, or dental assisting program and under the
direct supervision of the student's instructor; or to a student who is in training in any
dental program recognized as such by the board and who is continuing the student's
training and performing the duties of an extern under the supervision of a dentist who
has received approval to supervise an externship by the appropriate accrediting
committee, including the board.
3. To a legally qualified and licensed physician, surgeon, or other practitioner authorized
by law, who in emergency cases performs any act within the scope of the practice of
dentistry.
4. To a duly licensed and registered dentist of another state temporarily operating in this
state as a clinician, lecturer, or attendant of an educational program under the
auspices of a dental college, a reputable dental society, dental hygienist society, or
dental assistant society.
5. To the practice of dentistry in the discharge of their official duties by graduate dentists
or dental surgeons in the United States army, navy, air force, public health service,
coast guard, veterans' bureau, or director of the dental division of the department of
health and human services.
6. To a registered nurse, licensed practical nurse, dental hygienist, or dental assistant
who is applying topical fluoride varnish to an individual and is acting under the direct or

general supervision of a physician or licensed dentist if the registered nurse, licensed
practical nurse, dental hygienist, or dental assistant has successfully completed a
training program approved by the board.
7. To an advanced practice registered nurse licensed under chapter 43-12.1 who is
applying topical fluoride varnish to an individual and is acting within the scope of
practice of the advanced practice registered nurse and has successfully completed a
training program approved by the board.
8. To registered dental hygienists, registered dental assistants, qualified dental
assistants, and dental assistants practicing within the scope of practice and under
supervision as required by chapter 43-20 and by rule.