reglab/housing_qa huggingface dataset:
SD Codified L § 36-9A-24 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives|Section 36-9A-24 - Reinstatement of lapsed license.

36-9A-24. Reinstatement of lapsed license.A license holder who fails to renew the license as provided in §§36-9A-22 and 36-9A-23 may be reinstated upon meeting the terms and conditions prescribed by the board and upon payment of the required fee. Source: SL 1979, ch 256, §25; SL 1995, ch 218, §16; SL 2017, ch 171, §29.
SD Codified L § 36-9A-25 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives|Section 36-9A-25 - Inactive status.

36-9A-25. Inactive status.The holder of a current license may file with the board a written application, together with the required fee, requesting inactive status. Source: SL 1979, ch 256, §17; SL 1995, ch 218, §17; SL 2017, ch 171, §30.
SD Codified L § 36-9A-26 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives|Section 36-9A-26 - Fees.

36-9A-26. Fees.The board, in rules promulgated pursuant to chapter 1-26, shall establish the following nonrefundable fees within the prescribed limits as follows:(1)For initial licensure or endorsement from another state, not more than two hundred dollars;(2)For biennial renewal of license, not more than one hundred fifty dollars;(3)For reinstatement of a lapsed license, the current renewal fee and not more than one hundred dollars;(4)For providing a transcript, not more than five dollars;(5)For effecting a name change upon the records of the license holder, not more than twenty dollars;(6)For issuing a duplicate license, not more than thirty dollars;(7)For issuing a temporary permit, not more than fifty dollars;(8)For placing a license on inactive status, not more than twenty dollars; and(9)For endorsing to another state, territory, or foreign country, not more than thirty dollars. Source: SL 1979, ch 256, §30; SL 1982, ch 274, §8; SL 1995, ch 218, §18; SL 2003, ch 200, §4; SL 2008, ch 191, §22; SL 2017, ch 171, §31.
SD Codified L § 36-9A-29 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives|Section 36-9A-29 - Denial, revocation, or suspension of license--Grounds.

36-9A-29. Denial, revocation, or suspension of license--Grounds.The board may deny, revoke, or suspend any license or application for licensure to practice as a certified nurse practitioner or certified nurse midwife in this state, and may take any other disciplinary or corrective action the board considers appropriate upon proof that the license holder or applicant has:(1)Committed fraud, deceit, or misrepresentation in procuring or in attempting to procure a license;(2)Aided or abetted an unlicensed person to practice as a certified nurse practitioner or certified nurse midwife;(3)Engaged in practice as a certified nurse practitioner or certified nurse midwife under a false or assumed name and failed to register that name pursuant to chapter 37-11, or impersonated another license holder of a like or different name;(4)Committed an alcohol or drug related act or offense that interferes with the ability to practice safely;(5)Negligently, willfully, or intentionally acted in a manner inconsistent with the health and safety of persons entrusted to the license holder's care;(6)Had a license or privilege to practice as a certified nurse practitioner or certified nurse midwife denied, revoked, or suspended or had other disciplinary action taken in another state, territory, or foreign country;(7)Exercised influence within the nurse-patient relationship for the purpose of engaging a patient in sexual activity or engaging in gross sexual harassment or sexual contact. For the purpose of this subdivision, the patient is presumed incapable of giving free, full, and informed consent to sexual activity or sexual contact with the nurse;(8)Practiced as a certified nurse practitioner or certified nurse midwife without a valid license;(9)Engaged in unsafe practices, substandard care, or unprofessional or dishonorable conduct;(10)Violated any provisions of this chapter or the rules promulgated hereunder; or(11)Been convicted of a felony. The conviction of a felony means the conviction of any offense which, if committed within the State of South Dakota, would constitute a felony. Source: SL 1979, ch 256, §18; SL 1994, ch 299, §2; SL 1995, ch 218, §19; SL 1999, ch 192, §21; SL 2017, ch 171, §34.
SD Codified L § 36-9A-31 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives|Section 36-9A-31 - Revocation or suspension of license--Procedure.

36-9A-31. Revocation or suspension of license--Procedure.Any proceeding relative to the revocation or suspension of a license shall conform to the procedures set forth in chapter 1-26. A license may be revoked or suspended only after a hearing conducted by a hearing examiner appointed by the board or by a majority of members of the board. Any decision to suspend or revoke a license requires a majority vote of the board. Source: SL 1979, ch 256, §§21, 22; SL 1995, ch 218, §21; SL 2017, ch 171, §36.
SD Codified L § 36-9A-32 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives|Section 36-9A-32 - Physical or mental examination of license holder or applicant.

36-9A-32. Physical or mental examination of license holder or applicant.The board may take action authorized by §36-9A-29 upon a satisfactory showing that the physical or mental condition of the license holder or applicant is determined by a competent medical examiner to jeopardize or endanger the health of those entrusted to the person's care. The board may demand an examination of the license holder or applicant by a competent medical examiner selected by the board at the license holder's or applicant's expense. If a license holder or applicant fails to submit to the examination, the failure constitutes immediate grounds for suspension of that person's license or denial of licensure. Source: SL 1979, ch 256, §19; SL 1995, ch 218, §22; SL 2017, ch 171, §37.
SD Codified L § 36-9A-33 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives|Section 36-9A-33 - Appeal of revocation or suspension.

36-9A-33. Appeal of revocation or suspension.An aggrieved party may appeal pursuant to chapter 1-26. Source: SL 1979, ch 256, §24.
SD Codified L § 36-9A-34 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives|Section 36-9A-34 - Reissuance of revoked or suspended license.

36-9A-34. Reissuance of revoked or suspended license.A revoked or suspended license may be reissued at the discretion of the board upon a finding of good cause. Source: SL 1979, ch 256, §23; SL 1995, ch 218, §23; SL 2017, ch 171, §38.
SD Codified L § 36-9A-35 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives|Section 36-9A-35 - Prohibited acts--Violation as misdemeanor.

36-9A-35. Prohibited acts--Violation as misdemeanor.No person may:(1)Practice or offer to practice as a certified nurse practitioner or certified nurse midwife without being licensed under this chapter;(2)Sell or fraudulently obtain or furnish a diploma, license, renewal of license, or any other record necessary to practice under this chapter or aid or abet in such actions;(3)Practice as a certified nurse practitioner or a certified nurse midwife under cover of any diploma, license, renewal of license, or other record necessary to practice under this chapter that was issued unlawfully or under fraudulent representation;(4)Use in connection with that person's name a sign, card, device, or other designation tending to imply that the person is a certified nurse practitioner or certified nurse midwife without being licensed under this chapter; or(5)Practice as a certified nurse practitioner or certified nurse midwife during the time that the person's license has lapsed or has been revoked or suspended.A violation of this section is a Class 1 misdemeanor. Source: SL 1979, ch 256, §26; SL 1994, ch 300, §2; SL 1995, ch 218, §24; SL 2017, ch 171, §39.
SD Codified L § 36-9A-36 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives|Section 36-9A-36 - Proof of single act only required.

36-9A-36. Proof of single act only required.It shall be necessary to prove in any prosecution only a single act prohibited by law, or a single holding out, or a single attempt, without proving a general course of conduct in order to constitute a violation of this chapter. Source: SL 1979, ch 256, §28.
SD Codified L § 36-9A-37 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives|Section 36-9A-37 - Prosecution of violations.

36-9A-37. Prosecution of violations.The board may prosecute all persons violating this chapter and may incur the necessary expenses. Source: SL 1979, ch 256, §27; SL 2017, ch 171, §40.
SD Codified L § 36-9A-38 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives|Section 36-9A-38 - Enjoining violations.

36-9A-38. Enjoining violations.The board may apply for an injunction in the circuit court for the county of the person's residence to enjoin any person who:(1)Is unlawfully practicing as a certified nurse practitioner or certified nurse midwife without a license issued by the board;(2)Is practicing as a certified nurse practitioner or certified nurse midwife under a license that has lapsed or has been suspended or revoked;(3)Is practicing as a certified nurse practitioner or certified nurse midwife beyond the scope of practice authorized by §36-9A-12 or 36-9A-13; or(4)Is, by reason of a physical or mental condition, endangering, or threatening to endanger, the health or safety of those entrusted to that person's care as a certified nurse practitioner or certified nurse midwife. Source: SL 1979, ch 256, §29; SL 1995, ch 218, §25; SL 2017, ch 171, §41.
SD Codified L § 36-9A-39 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives|Section 36-9A-39 - Temporary injunction--Grounds.

36-9A-39. Temporary injunction--Grounds.Upon the filing of a verified complaint, the court, if satisfied by affidavit or otherwise, that the person is or has been engaging in unlawful or dangerous practice as described in §36-9A-38, may issue a temporary injunction, without notice or bond, enjoining that person from further practice as a certified nurse practitioner or certified nurse midwife. Source: SL 1979, ch 256, §29; SL 2017, ch 171, §42.
SD Codified L § 36-9A-40 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives|Section 36-9A-40 - Injunction an alternative to criminal proceedings.

36-9A-40. Injunction an alternative to criminal proceedings.An action for injunction is an alternative to criminal proceedings, and the commencement of one proceeding by the board constitutes an election. Source: SL 1979, ch 256, §29; SL 2017, ch 171, §43.
SD Codified L § 36-9A-41 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives|Section 36-9A-41 - Promulgation of rules.

36-9A-41. Promulgation of rules. The board may promulgate rules pursuant to chapter 1-26 pertaining to: licensure and licenses, practice, prescriptive authority, and approval of education programs. Source: SL 1979, ch 256, §38; SL 1986, ch 302, §59; SL 1995, ch 218, §26; SL 1999, ch 192, §22; SL 2017, ch 171, §44; SL 2021, ch 168, § 21.
SD Codified L § 36-9A-47 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives|Section 36-9A-47 - Practice of certified professional midwife.

36-9A-47. Practice of certified professional midwife.Nothing in this chapter restricts the right of a certified professional midwife to practice in accordance with chapter 36-9C. Source: SL 2017, ch 172, §35.
SD Codified L § 36-9C-1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09C - Certified Professional Midwives|Section 36-9C-1 - Definitions.

36-9C-1. Definitions.Terms used in this chapter mean:(1)"Approved program," an educational program of study leading to eligibility for certification as a midwife that is approved or accredited by the midwifery education accreditation council (MEAC);(2)"Board," the South Dakota Board of Certified Professional Midwives;(3)"Certified professional midwife" or "CPM," a practitioner licensed and authorized under this chapter to manage and care for the low-risk mother-baby unit in an out-of-hospital setting during pregnancy, labor, delivery, and postpartum periods;(4)"Client," a woman under the care of a certified professional midwife outside of a hospital;(5)"Licensed," a written authorization by the board required to practice as a certified professional midwife or certified professional midwife student;(6)"Low risk," a pregnancy that is anticipated to be problem free based on an assessment of the woman's past medical history and ongoing assessment of the mother-baby unit throughout the pregnancy, labor, delivery, and postpartum care;(7)"Midwife student," a student enrolled in an approved program and licensed and authorized under this chapter;(8)"Transporting," transferring, during the course of labor and delivery, the responsibility of providing services to a client from a certified professional midwife to a licensed health care provider. Source: SL 2017, ch 172, §1.
SD Codified L § 36-9C-2 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09C - Certified Professional Midwives|Section 36-9C-2 - License required to practice as certified professional midwife.

36-9C-2. License required to practice as certified professional midwife.No person may practice or offer to practice as a certified professional midwife in this state unless the person is currently licensed to practice by the board. Source: SL 2017, ch 172, §2.
SD Codified L § 36-9C-3 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09C - Certified Professional Midwives|Section 36-9C-3 - Functions exempt from chapter.

36-9C-3. Functions exempt from chapter.This chapter does not prohibit the performance of the functions of a certified professional midwife if performed:(1)In an emergency situation;(2)By a certified nurse midwife licensed pursuant to chapter 36-9A and authorized to practice in this state;(3)By a physician licensed pursuant to chapter 36-4 and authorized to practice in this state;(4)By a student midwife licensed pursuant to this chapter and enrolled in an approved program and who is under the direct supervision of a preceptor which could include a physician, a certified nurse midwife, or a certified professional midwife licensed by this state;(5)By any person exempt pursuant to §36-2-20; or(6)By a certified professional midwife licensed or authorized to practice in another state or jurisdiction in order to provide education or consultation for a period of not more than seven days. Source: SL 2017, ch 172, §3.
SD Codified L § 36-9C-4 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09C - Certified Professional Midwives|Section 36-9C-4 - Qualifications for certified professional midwife.

36-9C-4. Qualifications for certified professional midwife.No person may be licensed to practice as a certified professional midwife unless the person:(1)Has obtained the certified professional midwife credential;(2)For licensure of a person who obtains certification after December 31, 2019, has completed an educational program or pathway accredited by MEAC; or(3)For a person who obtained certification through an educational program or pathway not accredited by MEAC:(a)If certified before January 1, 2020, through a nonaccredited pathway, has obtained the midwifery bridge certificate issued by the North American Registry of Midwives before applying for licensure in this state; or(b)Has maintained licensure in a state that does not require an accredited education and has obtained the midwifery bridge certificate regardless of the date of certification before applying for licensure in this state. Source: SL 2017, ch 172, §4.
SD Codified L § 36-9C-5 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09C - Certified Professional Midwives|Section 36-9C-5 - Practice controlled by Board of Certified Professional Midwives.

36-9C-5. Practice controlled by Board of Certified Professional Midwives.The practice in this state as a certified professional midwife or certified professional midwife student is subject to the control and regulation of the board established by §36-9C-6. The board may license, supervise the practice, and otherwise discipline any person applying for or practicing as a certified professional midwife or certified professional midwife student. Source: SL 2017, ch 172, §5.
SD Codified L § 36-9C-6 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09C - Certified Professional Midwives|Section 36-9C-6 - Board of Certified Professional Midwives established.

36-9C-6. Board of Certified Professional Midwives established.There is hereby established the Board of Certified Professional Midwives within the Department of Health. The board shall submit records, information, and reports in the form and as required by the secretary of health. The board shall report at least annually to the Department of Health. Source: SL 2017, ch 172, §6.
SD Codified L § 36-9C-7 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09C - Certified Professional Midwives|Section 36-9C-7 - Members of board.

36-9C-7. Members of board.The Governor shall appoint a board consisting of two certified professional midwives who are licensed and in good standing pursuant to this chapter, one certified nurse midwife who is licensed and in good standing pursuant to chapter 36-9A, one physician with experience in maternity care who is licensed and in good standing pursuant to chapter 36-4, and one public member who has received midwifery care in an out-of-hospital setting. Source: SL 2017, ch 172, §7.
SD Codified L § 36-9C-8 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09C - Certified Professional Midwives|Section 36-9C-8 - Qualifications of board members--Initial appointments.

36-9C-8. Qualifications of board members--Initial appointments.Each member of the board shall be a citizen of the United States, a resident of this state for a minimum of two years before appointment to the board, and shall file with the secretary of state an oath of office before beginning the member's term of office. However, until at least five certified professional midwives meet the residency requirement, the Governor may appoint certified professional midwives, who are licensed in this state, who reside in other jurisdictions to serve on the board. Initial appointments to the board may include certified professional midwives who are eligible for licensure under this chapter and who intend to apply for licensure in this state when it is available. Source: SL 2017, ch 172, §8.
SD Codified L § 36-9C-9 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09C - Certified Professional Midwives|Section 36-9C-9 - Terms of office.

36-9C-9. Terms of office.The term of office for members of the board is three years and expires on October thirtieth. Each member shall serve until a successor is appointed and qualified. No member may be appointed to more than three consecutive full terms. Appointment of a person to an unexpired term is not considered a full term for this purpose.At the expiration of a term, or if a vacancy occurs, the Governor shall appoint a new board member. The Governor may stagger terms to enable the board to have different terms expire each year. Source: SL 2017, ch 172, §9.
SD Codified L § 36-9C-10 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09C - Certified Professional Midwives|Section 36-9C-10 - Removal of member.

36-9C-10. Removal of member.The Governor may remove any member from the board for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct. Source: SL 2017, ch 172, §10.
SD Codified L § 36-9C-11 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09C - Certified Professional Midwives|Section 36-9C-11 - Application for licensure--Issuance.

36-9C-11. Application for licensure--Issuance.An applicant for licensure as a certified professional midwife or certified professional midwife student shall file with the board an application, verified by oath, on a form prescribed by the board and accompanied by the prescribed fee. If the board finds that the applicant satisfies the requirements for licensure in §36-9C-4, passes a background check required by §36-9C-12, and is not otherwise disqualified pursuant to §36-9C-22, the board shall issue the applicant a license to practice as a certified professional midwife or certified professional midwife student. Source: SL 2017, ch 172, §11.
SD Codified L § 36-9C-12 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 09C - Certified Professional Midwives|Section 36-9C-12 - Criminal background check.

36-9C-12. Criminal background check.Each applicant for licensure as a certified professional midwife or certified professional midwife student in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the board all information obtained as a result of the criminal background check. This information shall be obtained before permanent licensure of the applicant. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation. Source: SL 2017, ch 172, §12.