reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-3 - Officers of board--Promulgation of rules by board--Seal.

36-8-3. Officers of board--Promulgation of rules by board--Seal.
The Board of Podiatry Examiners shall elect from its members a president and a secretary-treasurer.
The board shall, pursuant to chapter 1-26, promulgate the rules consistent with the laws of this state as may be necessary for the licensure, examination, revocation, and suspension of a license.
The board shall have an official seal.
Source:
SDC 1939, §27.0802; SL 1959, ch 131, §3; SL 1972, ch 15, §4; SL 1986, ch 302, §66; SL 2018, ch 228, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-4 - Monthly payment of receipts into treasury--Special account--Continuous appropriation--Expense not to exceed collections.

36-8-4. Monthly payment of receipts into treasury--Special account--Continuous appropriation--Expense not to exceed collections.
All money coming into the custody of the Board of Podiatry Examiners each calendar month shall be paid by the board to the state treasurer on or before the tenth day of the next month. The state treasurer shall credit the money to the South Dakota Board of Podiatry Examiners account of the general fund, which account is hereby created. The money in the account is hereby continuously appropriated to the board for the purpose of paying the expense of administering and enforcing the provisions of this chapter. The total expense incurred shall not exceed the total money collected by the board under the provisions of this chapter.
Source:
SDC 1939, §27.0809; SL 1979, ch 254, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-4.1 - Board continued within Department of Health--Records and reports.

36-8-4.1. Board continued within Department of Health--Records and reports.
The Board of Podiatry Examiners shall continue within the Department of Health, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required by the secretary of health, except that the board shall report at least annually.
Source:
SL 1973, ch 2, §56 (p); SL 2003, ch 272, §43.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-6 - Advertising or practice of podiatric medicine without license as misdemeanor.

36-8-6. Advertising or practice of podiatric medicine without license as misdemeanor.
It is a Class 2 misdemeanor for any person to advertise or practice podiatric medicine without first obtaining from the Board of Podiatry Examiners a license and an annual license renewal.
Source:
SDC 1939, §27.0803; SL 1959, ch 131, §4; SL 1977, ch 190, §155; SL 2018, ch 228, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-7 - Practices exempt from requirement of license.

36-8-7. Practices exempt from requirement of license.
This chapter shall not apply to any person otherwise licensed in this state to do any of the acts defined in §36-8-1 as constituting the practice of podiatry, and shall not include the fitting, recommending, or sale of corrective shoes, arch supports, or medical or mechanical appliances by retail stores.
Source:
SDC 1939, §27.0804; SL 1959, ch 131, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-8 - Qualifications of applicants for license.

36-8-8. Qualifications of applicants for license.
The board may issue a license to a qualified person who is not licensed as a podiatrist in this state and who is not exempted under the provisions of §36-8-12, if the applicant:
(1)Is at least eighteen years of age and of good moral character;
(2)Possesses a doctor of podiatric medicine degree from a recognized school of podiatry approved by the board and has obtained the degree of doctor of podiatric medicine;
(3)Successfully completed a one-year residency or preceptorship approved by the Council of Podiatric Medical Education of the American Podiatric Medical Association. This subdivision applies only to an applicant who graduated from a podiatric college after July 1, 1995;
(4)Has passed the National Board of Podiatric Medical Examiners' national standardized examination parts I, II, and III; and
(5)Submits an application on a form prescribed by the board and pays the application fee.
Part III of the examination required under subdivision (4) may be waived if the applicant graduated from a school of podiatric medicine before January 1, 2001, and the applicant is currently licensed as a podiatric physician in another state and has been in active licensed practice for at least five continuous years. Any examination fee required by the National Board of Podiatric Medical Examiners shall be paid directly to the testing service.
Source:
SDC 1939, §27.0805; SL 1959, ch 131, §6; SL 1967, ch 100, §3; SL 1972, ch 15, §4; SL 2018, ch 228, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-9 - Application fee.

36-8-9. Application fee.
The Board of Podiatry Examiners shall promulgate rules, pursuant to chapter 1-26, to establish an application fee not to exceed five hundred dollars to obtain a license for the practice of podiatry in this state.
Source:
SDC 1939, §27.0806; SL 1959, ch 131, §7; SL 1971, ch 214, §1; SL 1979, ch 254, §1; SL 1995, ch 216, §3; SL 2018, ch 228, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-12 - Licensing of podiatrists from other states.

36-8-12. Licensing of podiatrists from other states.
The Board of Podiatry Examiners shall promulgate rules, pursuant to chapter 1-26, to establish an application fee not to exceed five hundred dollars to license podiatrists from other states. The board may issue a license to podiatrists of other states maintaining requirements for the practice of podiatry equal to the standard provided by this chapter.
Source:
SDC 1939, §27.0805; SL 1959, ch 131, §6; SL 1971, ch 214, §2; SL 1979, ch 254, §2; SL 2018, ch 228, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-13 - Display of licenses.

36-8-13. Display of licenses.
All licenses and renewal certificates for the practice of podiatry shall be conspicuously displayed at the office of the practitioner.
Source:
SDC 1939, §27.0807; SL 1959, ch 131, §8; SL 1998, ch 224, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-13.1 - Certain healing arts practitioners to participate in alternate health care delivery systems.

36-8-13.1. Certain healing arts practitioners to participate in alternate health care delivery systems.
Any licensed podiatrist may organize or contract for services with a corporation organized under the laws of this state by licensed practitioners of the healing arts, for the purpose of negotiating group health care contracts and providing services within the scope of their respective licenses with alternate health care delivery systems, including, but not limited to, health maintenance organizations, preferred provider organizations, individual practices organizations or other similar forms of entity whatever.
Source:
SL 1987, ch 269, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-14 - Licensee not to mislead as to qualifications.

36-8-14. Licensee not to mislead as to qualifications.
A licensee under this chapter shall be designated as a licensed podiatrist and shall not mislead the public as to his professional qualifications.
Source:
SDC 1939, §27.0807; SL 1959, ch 131, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-15 - Fee for annual renewal--Duration of renewal.

36-8-15. Fee for annual renewal--Duration of renewal.
The fee for annual license renewal of a podiatrist may not exceed five hundred dollars, as promulgated by rule, pursuant to chapter 1-26, by the Board of Podiatry Examiners. Each license renewal shall remain in full force and effect for one year, unless a different time is fixed by rule promulgated, pursuant to chapter 1-26, by the Board of Podiatry Examiners.
Source:
SDC 1939, §§27.0803, 27.0807; SL 1959, ch 131, §§4, 8; SL 1971, ch 214, §3; SL 1979, ch 254, §3; SL 2008, ch 191, §18; SL 2018, ch 228, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-16 - Grounds for suspension or revocation of certificate.

36-8-16. Grounds for suspension or revocation of certificate.
Every license heretofore or hereafter issued to any person to practice podiatry in this state shall be subject to suspension or revocation by the Board of Podiatry Examiners in the manner and form set forth in §§36-8-18 and 36-8-19 upon any of the following grounds: fraud or deception in procuring a license, publication or use of untruthful or improbable statements with the view of deceiving or defrauding the public or any patient, conviction of any offense involving moral turpitude, habitual intemperance, immoral, unethical, unprofessional, or dishonorable conduct.
Source:
SDC 1939, §27.0808; SL 1959, ch 131, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-17 - Acts constituting unprofessional or dishonorable conduct--No basis for criminal prosecution.

36-8-17. Acts constituting unprofessional or dishonorable conduct--No basis for criminal prosecution.
Unprofessional or dishonorable conduct as used in this chapter shall be construed to include:
(1)To offer, give, or promise, either directly or indirectly, any gift in return for the procurement of a patient or patients for podiatric treatment;
(2)To prescribe, dispense, or pretend to use, in treating any patient, any secret remedial agent, or manifest or promote its use in any way, or guarantee or imply to guarantee any treatment, therapy or remedy whatsoever;
(3)To practice podiatry under a trade name, under the name of another podiatrist, or use any title other than that of podiatrist. However, the term, foot specialist, may be used as an explanatory term of the title podiatrist;
(4)To employ a solicitor or solicitors to obtain business; or
(5)To willfully violate the rules promulgated by the Board of Podiatry Examiners.
Unprofessional or dishonorable conduct, as defined in this section, may not be the basis for criminal prosecution unless otherwise declared unlawful.
Source:
SDC 1939, §27.0808 as added by SL 1959, ch 131, §9; SL 1972, ch 15, §4; SL 2018, ch 228, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-18 - Procedure for suspension or revocation of license.

36-8-18. Procedure for suspension or revocation of license.
Before the Board of Podiatry Examiners shall order any suspension or revocation of a license pursuant to §36-8-16, it shall comply with chapter 1-26.
Source:
SDC 1939, §27.0808 as added by SL 1959, ch 131, §9; revised pursuant to SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-19 - Appeal from Board of Examiners.

36-8-19. Appeal from Board of Examiners.
An appeal from the decision of the Board of Podiatry Examiners may be taken as provided by chapter 1-26.
Source:
SDC 1939, §27.0808; SL 1959, ch 131, §9; revised pursuant to SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-20 - Reinstatement of suspended or revoked license--Costs and fee.

36-8-20. Reinstatement of suspended or revoked license--Costs and fee.
Any podiatrist whose license has been suspended or revoked may be reinstated or have a new license issued if warranted at the discretion of the Board of Podiatry Examiners. The podiatrist shall pay all costs of the proceedings resulting in the suspension or revocation of license and reinstatement or new license application fee.
Source:
SDC 1939, §27.0808 as added by SL 1959, ch 131, §9; SL 2008, ch 191, §19; SL 2018, ch 228, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-22 - Actions for injunction--Election of remedies.

36-8-22. Actions for injunction--Election of remedies.
The Board of Podiatry Examiners is empowered to commence actions for injunction for violation of this chapter or regulations made hereunder as an alternate to criminal proceedings. The commencement of one proceeding by the board constitutes an election.
Source:
SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-23 - Continuing education.

36-8-23. Continuing education.
Every two years each person licensed to practice podiatry in this state shall provide the Board of Podiatry Examiners evidence that the person has attended or participated in continuing education in podiatry and related subjects as required by the board by rule. The board shall promulgate rules, pursuant to chapter 1-26, to establish the number of minimum hours of biennial continuing education to be required as a prerequisite to license renewal and requirements, guidelines, and procedures as may be necessary and desirable to implement and fulfill reasonable continuing education requirements to ensure competence in the practice of podiatry by each licensee. The board may reduce, on a pro rata basis, the number of hours of continuing education required by a licensee licensed to practice for less than two years prior to a biennial continuing education deadline.
Source:
SL 1987, ch 270; SL 1991, ch 305; SL 2018, ch 228, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 08 - Podiatrists › Section 36-8-25 - Regulation of the use of laser or ionizing radiation.

36-8-25. Regulation of the use of laser or ionizing radiation.
The State Board of Podiatry Examiners by rule pursuant to chapter 1-26 shall regulate the use of laser or ionizing radiation for the purpose of cutting or otherwise altering human tissue for diagnostic, palliative, or therapeutic purposes within the scope of practice defined by §36-8-1.
Source:
SL 1995, ch 209, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-1 - Definitions.

36-9-1. Definitions.
Terms as used in this chapter, unless the context otherwise requires, mean:
(1)"Advanced comprehensive nursing assessment," collection, analysis, and synthesis of data performed by the certified registered nurse anesthetist used to establish a health status baseline, nursing diagnosis, plan nursing care, and address changes in a patient's condition;
(2)"Advanced practice registered nurse" or "APRN," any person licensed by the board in the role of a clinical nurse specialist or a certified registered nurse anesthetist;
(3)"Approved program," any educational program of study which meets the requirements established by this chapter and by the board for licensure under this chapter;
(4)"Board," the South Dakota Board of Nursing;
(5)"Certified registered nurse anesthetist," any person authorized under this chapter to practice the nursing specialty of nurse anesthesia as defined in §36-9-3.1;
(6)"Clinical nurse specialist," any person authorized under this chapter to practice the nursing specialty of a clinical nurse specialist as defined in §36-9-87;
(7)"Collaborate," the act of communicating pertinent information or consulting with a licensed physician or other licensed health care provider with each provider contributing the provider's respective expertise to optimize the overall care delivered to the patient;
(8)"Comprehensive nursing assessment," collection, analysis, and synthesis of data performed by the registered nurse used to establish a health status baseline, nursing diagnosis, plan nursing care, and address changes in a patient's condition;
(9)"Focused nursing assessment," recognizing patient characteristics by a licensed practical nurse that may affect the patient's health status, gathering and recording assessment data, and demonstrating attentiveness by observing, monitoring, and reporting signs, symptoms, and changes in patient condition in an ongoing manner to the supervising health care provider as defined in §36-9-4;
(10)"Licensed," written authorization by the board to practice as a registered nurse, licensed practical nurse, certified nurse anesthetist, or clinical nurse specialist;
(11)"Licensed practical nurse," any person duly authorized under this chapter to practice practical nursing as defined in §36-9-4;
(12)"Patient" or "client," a recipient of care and may be an individual, family, group, or community;
(13)"Public member," any person who is not licensed by the board, but is a user of the services regulated by the board;
(14)"Registered nurse," any person authorized under this chapter to practice nursing as defined in §36-9-3.
For the purposes of this chapter, words used in the feminine gender include the masculine.
Source:
SL 1947, ch 123, §1; SL 1949, ch 109, §1; SL 1955, ch 91, §2; SDC Supp 1960, §27.0902 (1) to (7); SL 1967, ch 101, §2 (1), (3) to (6); SDCL §§36-9-3 (2), 36-9-4 (2); SL 1976, ch 228, §§2, 55; SL 1979, ch 255, §1; SL 1986, ch 307, §§8, 9; SL 1995, ch 217, §1; SL 2014, ch 180, §1; SL 2016, ch 194, §1; SL 2020, ch 169, § 2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-1.1 - Legislative findings, policy and intent.

36-9-1.1. Legislative findings, policy and intent.
The Legislature hereby declares it to be the responsibility of this state to safeguard life, health and the public welfare; and to protect citizens from unauthorized, unqualified and improper application of nursing education programs and nursing practices. Regulatory authority shall be vested in the South Dakota Board of Nursing. The Legislature recognizes that the practice of nursing is continually evolving to include more sophisticated patient-care activities. It intends to provide clear legal authority for functions and procedures which have common acceptance and usage, to recognize the existence of overlapping functions within the practice of nursing and medicine, and to permit additional sharing of functions within organized health care systems which provide for collaboration with other health team members.
Source:
SL 1976, ch 228, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-2 - Evidence of qualification and license required to practice nursing.

36-9-2. Evidence of qualification and license required to practice nursing.
Any person practicing or offering to practice as:
(1)A registered nurse;
(2)A licensed practical nurse; or
(3)An advanced practice registered nurse
in this state shall be required to submit evidence to the Board of Nursing that she is qualified to so practice, shall be licensed, and shall use the appropriate licensure title.
Source:
SDC 1939, §27.0907; SL 1947, ch 123, §10; SL 1949, ch 109, §11; SL 1955, ch 91, §1; SDC Supp 1960, §27.0901; SL 1967, ch 101, §1; SL 1976, ch 228, §3; SL 1979, ch 255, §2; SL 2014, ch 180, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-3 - Practice of registered nurse.

36-9-3. Practice of registered nurse.
The practice of a registered nurse includes:
(1)Providing comprehensive nursing assessment of health status of patients;
(2)Collaborating with the health care team to develop and coordinate an integrated patient-centered health care plan;
(3)Developing the comprehensive patient-centered health care plan, including:
(a)Establishing nursing diagnosis;
(b)Setting goals to meet identified health care needs; and
(c)Prescribing nursing interventions;
(4)Implementing nursing care through the execution of independent nursing strategies and the provision of regimens requested, ordered, or prescribed by authorized health care providers;
(5)Evaluating responses to interventions and the effectiveness of the plan of care;
(6)Designing and implementing teaching plans based on patient needs;
(7)Delegating and assigning nursing interventions to implement the plan of care;
(8)Providing for the maintenance of safe and effective nursing care rendered directly or indirectly;
(9)Advocating for the best interest of the patient;
(10)Communicating and collaborating with other health care providers in the management of health care and the implementation of the total health care regimen within and across settings;
(11)Managing, supervising, and evaluating the practice of nursing;
(12)Teaching the theory and practice of nursing;
(13)Participating in development of health care policies, procedures, and systems; and
(14)Other acts that require education and training consistent with professional standards as prescribed by the board, by rules promulgated pursuant to chapter 1-26, and commensurate with the registered nurse's education, demonstrated competence, and experience.
Source:
SL 1947, ch 123, §1; SL 1955, ch 91, §2; SDC Supp 1960, §27.0902 (2), (3); SL 1967, ch 101, §2 (2) (a); SL 1972, ch 204, §1; SL 1976, ch 228, §4; SL 1986, ch 307, §10; SL 2016, ch 194, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-3.1 - Practice of certified registered nurse anesthetist--Promulgation of rules.

36-9-3.1.  Practice of certified registered nurse anesthetist--Promulgation of rules.
In addition to the practice of a registered nurse, as defined in §36-9-3, and within the certified registered nurse anesthetist role, a certified registered nurse anesthetist may:
(1)Conduct an advanced comprehensive nursing assessment;
(2)Order and interpret diagnostic procedures;
(3)Develop and initiate a patient-specific anesthesia or pain management plan of care and therapeutic regimen;
(4)Prescribe, procure, administer, and furnish pharmacological agents in connection with anesthesia practice or pain management, including over the counter, legend, and controlled drugs or substances listed on Schedule II in chapter 34-20B;
(5)Prescribe nonpharmacological interventions;
(6)Refer patients to health care agencies, health care providers, or community resources; and
(7)Complete and sign official documents required by law.
The certified registered nurse anesthetist shall collaborate with a physician, a dentist, a podiatrist, a certified nurse practitioner, a certified nurse midwife, or a physician assistant when providing anesthesia services.
The certified registered nurse anesthetist shall collaborate with other health care providers when engaging in chronic pain practice.
The certified registered nurse anesthetist shall refer or transfer patients, as appropriate.
The board shall promulgate rules in accordance with chapters 1-26 and 36-9 for the implementation of prescriptive authority within the role of the certified registered nurse anesthetist, the use of radiography, and the specific procedures for pain management.
Source:
SL 1979, ch 255, §3; SL 1999, ch 192, §10; SL 2020, ch 169, § 1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-4 - Practice of licensed practical nurse.

36-9-4. Practice of licensed practical nurse.
A licensed practical nurse practices under the supervision of a registered nurse, advanced practice registered nurse, licensed physician, or other health care provider authorized by the state. A licensed practical nurse is guided by nursing standards established or recognized by the board and includes:
(1)Collecting data and conducting a focused nursing assessment of the health status of a patient;
(2)Participating with other health care providers in the development and modification of the patient-centered health care plan;
(3)Implementing nursing interventions within a patient-centered health care plan;
(4)Assisting in the evaluation of responses to interventions;
(5)Providing for the maintenance of safe and effective nursing care rendered directly or indirectly;
(6)Advocating for the best interest of the patient;
(7)Communicating and collaborating with patients and members of the health care team;
(8)Assisting with health counseling and teaching;
(9)Delegating and assigning nursing interventions to implement the plan of care; and
(10)Other acts that require education and training consistent with professional standards as prescribed by the board, by rules promulgated pursuant to chapter 1-26, and commensurate with the licensed practical nurse's education, demonstrated competence, and experience.
Source:
SL 1949, ch 109, §1; SL 1955, ch 91, §2; SDC Supp 1960, §27.0902 (4); SL 1967, ch 101, §2 (2) (b); SL 1972, ch 204, §2; SL 1976, ch 228, §5; SL 2016, ch 194, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-4.1 - Additional functions after special training of licensed practical nurse.

36-9-4.1. Additional functions after special training of licensed practical nurse.
The licensed practical nurse may perform any of the duties described in §36-9-4 and with appropriate training as approved by the board rules and regulations may, under the direction of a physician licensed or exempt from licensing pursuant to chapter 36-4, dentist or registered nurse:
(1)Perform additional specialized nursing functions; and
(2)Assist with teaching, supervision, delegating, and evaluation of health and nursing practices.
Source:
SDCL, §36-9-4 (1) as enacted by SL 1972, ch 204, §2; SL 1976, ch 228, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-5 - Appointment and composition of board.

36-9-5. Appointment and composition of board.
The Governor shall appoint a board of eleven consisting of seven registered nurses, two licensed practical nurses, and two public members.
Source:
SDC 1939, §27.0901; SL 1947, ch 123, §2; SL 1949, ch 109, §2; SL 1955, ch 91, §3; SDC Supp 1960, §27.0903 (1); SL 1967, ch 101, §3 (1); SL 1973, ch 2, §58; SDCL Supp, §36-9-9.1; SL 1976, ch 228, §6; SL 2016, ch 194, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-6 - Citizenship and residence requirements of board members.

36-9-6. Citizenship and residence requirements of board members.
Each member of the board shall be a citizen of the United States and a resident of this state for two years before beginning a term of office.
Source:
SDC 1939, §27.0901; SL 1947, ch 123, §2; SL 1955, ch 91, §3; SDC Supp 1960, §27.0903 (2); SL 1967, ch 101, §3 (2); SL 1976, ch 228, §7; SL 2016, ch 194, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-7 - Qualifications of registered nurse members of board.

36-9-7. Qualifications of registered nurse members of board.
Each registered nurse member of the board shall be licensed in good standing as a registered nurse in this state, shall be a graduate from an approved program for the preparation of registered nurses, shall have at least five years experience since graduation in the practice of nursing, and shall have been actively engaged in nursing for at least three of the last four years preceding appointment.
Of the seven registered nurse members, at least two shall be from nursing service or practice, two from nursing education, and at least one shall be a certified registered nurse anesthetist, a certified nurse practitioner, a certified nurse midwife, or a clinical nurse specialist.
Of the two members from nursing education, one shall be a faculty member or administrator of a practical nursing program and one shall be a faculty member or an administrator of a registered nursing program.
Source:
SDC 1939, §27.0901; SL 1947, ch 123, §2; SL 1955, ch 91, §3; SDC Supp 1960, §27.0903 (2); SL 1967, ch 101, §3 (2); SL 1976, ch 228, §8; SL 1981, ch 277, §1; SL 1994, ch 297, §1; SL 1995, ch 217, §3; SL 2016, ch 194, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-8 - Qualifications of licensed practical nurse members of board.

36-9-8. Qualifications of licensed practical nurse members of board.
Each licensed practical nurse member of the board shall be licensed in good standing as a practical nurse in this state, shall be a graduate of an approved program for the preparation of licensed practical nurses, shall have at least five years experience since graduation as a licensed practical nurse, and shall have been actively engaged in practical nursing for at least three of the last four years preceding appointment.
Source:
SL 1955, ch 91, §3; SDC Supp 1960, §27.0903 (2); SL 1967, ch 101, §3 (2); SL 1976, ch 228, §9; SL 2016, ch 194, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-8.1 - Qualifications of public members of board.

36-9-8.1. Qualifications of public members of board.
No person may qualify for appointment as a public member if that person serves as a member of any other state licensing board or is engaged for compensation in the provision of health services or the provision of health research, instruction, or insurance.
Source:
SL 1976, ch 228, §10; SL 2016, ch 194, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-9 - Terms of office of board members--Appointment.

36-9-9. Terms of office of board members--Appointment.
The term of office for each member of the board is three years and expires on October thirtieth. Each member shall serve until a successor has been appointed and qualified. No member may be appointed to more than three consecutive full terms. However, 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.
The appointee's term expires on October thirtieth in the third year of appointment.
Source:
SDC 1939, §27.0901; SL 1947, ch 123, §2; SL 1949, ch 109, §2; SDC Supp 1960, §27.0903 (1); SL 1967, ch 101, §3 (1); SL 1976, ch 228, §11; SL 1981, ch 277, §2; SL 1986, ch 307, §12; SL 1994, ch 297, §2; SL 2005, ch 199, §21; SL 2012, ch 16, §16; SL 2013, ch 176, §10; SL 2016, ch 194, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-11 - Removal of board members.

36-9-11. Removal of board members.
The Governor may remove any member from the Board of Nursing for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct.
Source:
SL 1955, ch 91, §3; SDC Supp 1960, §27.0903 (1); SL 1967, ch 101, §3 (1); SL 1979, ch 255, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-11.1 - Board continued within Department of Health--Records and reports.

36-9-11.1. Board continued within Department of Health--Records and reports.
The Board of Nursing is continued within the Department of Health and retains all its prescribed functions, including administrative functions. The board shall submit such records, information and reports in the form and at such times as required by the secretary of health. The board shall report at least annually.
Source:
SL 1973, ch 2, §56 (m); SL 1979, ch 255, §6; SL 1986, ch 307, §13; SL 2003, ch 272, §39.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-12 - Employment of executive director--Qualifications.

36-9-12. Employment of executive director--Qualifications.
The board may determine the qualifications, and employ in accordance with chapter 3-6D, a person who is not a member of the board to serve as executive director.
Source:
SL 1955, ch 91, §3; SDC Supp 1960, §27.0903 (3) (1), (4); SL 1967, ch 101, §3 (3) (1), (4); SDCL §36-9-13; SL 1972, ch 204, §3; SL 1976, ch 228, §12; SL 1973, ch 23; SL 1986, ch 307, §14; SL 2016, ch 194, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-14 - Duties and compensation of executive director.

36-9-14. Duties and compensation of executive director.
The board may, in conformity with chapter 3-6D, define the duties of, and fix the compensation for, the executive director.
Source:
SL 1955, ch 91, §3; SDC Supp 1960, §27.0903 (3) (m); SL 1967, ch 101, §3 (3) (m); SL 1979, ch 255, §7; SL 1986, ch 307, §15; SL 2016, ch 194, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-15 - Delegation of activities to executive director.

36-9-15. Delegation of activities to executive director.
The board may delegate to the executive director those activities that will expedite the functions of the board.
Source:
SL 1955, ch 91, §3; SDC Supp 1960, §27.0903 (3) (o); SL 1967, ch 101, §3 (3) (o); SL 1979, ch 255, §8; SL 1986, ch 307, §16; SL 2016, ch 194, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-16 - Employment of other persons by board.

36-9-16. Employment of other persons by board.
The board may employ such other persons as may be necessary to carry on the work of the board.
Source:
SL 1955, ch 91, §3; SDC Supp 1960, §27.0903 (3) (n); SL 1967, ch 101, §3 (3) (n); SL 1979, ch 255, §9; SL 1986, ch 307, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-17 - Meetings of board--Election of officers.

36-9-17. Meetings of board--Election of officers.
The board shall meet annually and as often as may be deemed necessary to transact its business. It shall elect from its members a president and a vice-president and may elect a secretary and treasurer.
Source:
SDC 1939, §27.0901; SL 1947, ch 123, §3; SL 1955, ch 91, §3; SDC Supp 1960, §27.0903 (3); SL 1967, ch 101, §3 (3); SL 1976, ch 228, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-18 - Quorum of board.

36-9-18. Quorum of board.
A quorum of the board for the purpose of conducting business is a majority of the members appointed. The quorum shall include at least one officer.
Source:
SL 1947, ch 123, §2; SL 1949, ch 109, §3; SL 1955, ch 91, §3; SDC Supp 1960, §27.0903 (3); SL 1967, ch 101, §3 (3); SL 1976, ch 228, §14; SL 1996, ch 229; SL 2006, ch 197, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-21 - Promulgation of rules.

36-9-21. Promulgation of rules.
The board shall promulgate rules pursuant to chapter 1-26 pertaining to:
(1)Licensing and licenses;
(2)The practice of nursing;
(3)Scope of nursing practice;
(4)Except as otherwise provided in §36-9-28, the delegation of nursing functions to unlicensed assistive personnel under the supervision of a licensed nurse;
(5)Except as otherwise provided in §36-9-28, the training, registration, and supervisory requirements for unlicensed personnel performing delegated nursing functions under the supervision of a licensed nurse;
(6)Fees; and
(7)Approval of nursing education and clinical enrichment programs.
Source:
SL 1947, ch 123, §4; SL 1949, ch 109, §4; SL 1955, ch 91, §3; SDC Supp 1960, §27.0903 (3) (a); SL 1967, ch 101, §3 (3) (a); SL 1979, ch 255, §10; SL 1986, ch 302, §65; SL 1994, ch 298, §1; SL 2016, ch 194, §13; SL 2021, ch 168, § 20.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-24 - Deposit and withdrawal of money received.

36-9-24. Deposit and withdrawal of money received.
All fees received by the board, and money collected under this chapter, shall be deposited in the bank as authorized by the board. However, the board may require any applicant who is taking a nationally administered examination to remit the portion of the licensing fee covering the cost of examination directly to the organization administering the examination. The funds may be withdrawn by the executive director as authorized by the board. All compensation and expenditures made by the board shall be paid from the fees received under the provisions of this chapter.
Source:
SDC 1939, §27.0902; SL 1947, ch 123, §3; SL 1949, ch 109, §3; SL 1955, ch 91, §7; SDC Supp 1960, §27.0907; SL 1967, ch 101, §7; SL 1979, ch 255, §13; SL 1986, ch 307, §1; SL 2016, ch 194, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-25 - Balance of fees held by board--Use of fees.

36-9-25. Balance of fees held by board--Use of fees.
Any balance of fees received by the board after payment of compensation and expenditures shall be held and used by the board only in administering this chapter.
Source:
SDC 1939, §27.0902; SL 1947, ch 123, §3; SL 1949, ch 109, §3; SL 1955, ch 91, §7; SDC Supp 1960, §27.0907; SL 1967, ch 101, §7; SL 1976, ch 228, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-29 - Board to examine, license, and renew licenses.

36-9-29. Board to examine, license, and renew licenses.
The board may examine, license, and renew the licenses of qualified applicants.
Source:
SL 1955, ch 91, §3; SDC Supp 1960, §27.0903 (3) (f); SL 1967, ch 101, §3 (3) (f); SL 1979, ch 255, §§17, 18; SL 2016, ch 194, §16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-30 - Proof of education required--Registered nurse.

36-9-30. Proof of education required--Registered nurse.
An applicant for a license to practice as a registered nurse shall submit to the board written evidence, verified by oath, that the applicant has completed an approved program for the preparation of registered nurses.
Source:
SDC 1939, §27.0903; SL 1947, ch 123, §5; SL 1955, ch 91, §4; SDC Supp 1960, §27.0904 (1); SL 1967, ch 101, §4 (1); SL 1975, ch 234, §1; SL 1976, ch 228, §18; SL 1979, ch 255, §19; SL 1981, ch 279, §1; SL 2020, ch 168, § 5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-30.1 - Qualifications of registered nurse anesthetist.

36-9-30.1. Qualifications of registered nurse anesthetist.
An applicant for licensure as a certified registered nurse anesthetist shall submit to the board written evidence, verified by oath, that the applicant:
(1)Is currently licensed or has a privilege to practice in this state as a registered nurse;
(2)Has completed an approved program for the preparation of registered nurse anesthetists;
(3)Has current certification from a national certifying body recognized by the board; and
(4)Is otherwise qualified under §36-9-49.
Source:
SL 1979, ch 255, §20; SL 2016, ch 194, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-31 - Examination required for registered nursing license--Issuance of license.

36-9-31. Examination required for registered nursing license--Issuance of license.
Upon application and payment of the required fee, the applicant for a license to practice as a registered nurse shall pass a written examination approved by the board. Upon achieving the passing standard as determined by the board and if otherwise qualified under §36-9-49, the board shall issue to the applicant a license to practice as a registered nurse.
Source:
SDC 1939, §27.0904; SL 1947, ch 123, §5; SL 1955, ch 91, §4; SDC Supp 1960, §27.0904 (2) (a); SL 1967, ch 101, §4 (2) (a); SL 1976, ch 228, §19; SL 1979, ch 255, §21; SL 1986, ch 307, §18; SL 2016, ch 194, §18.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-31.1 - Temporary permit for applicant pending examination--Practice under supervision required.

36-9-31.1. Temporary permit for applicant pending examination--Practice under supervision required.
Upon application and payment of the required fee, the board may issue a temporary permit to practice as a registered nurse to an applicant who has completed an approved program and is awaiting the results of the first examination she is eligible to take after the permit is issued. The permit shall become invalid upon notification to the applicant of the results of the first examination. The holder of such temporary permit may practice only under the supervision of a registered nurse.
Source:
SL 1967, ch 101, §4 (2) (b) as added by SL 1969, ch 109; SL 1975, ch 234, §2; SL 1976, ch 228, §20; SL 1979, ch 255, §22; SL 1986, ch 307, §19.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-31.2 - Temporary anesthetist permit pending examination results.

36-9-31.2. Temporary anesthetist permit pending examination results.
Upon application and payment of the required fee, the board may issue a temporary permit to practice as a certified registered nurse anesthetist to an applicant who has completed an approved program and is awaiting the results of the first examination that she is eligible to take after the temporary permit is issued. The temporary permit shall become invalid upon notification to the applicant of the results of the first examination.
Source:
SL 1979, ch 255, §23; SL 1986, ch 307, §20.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-32 - Licensing of registered nurse from another state or country.

36-9-32. Licensing of registered nurse from another state or country.
Upon application and payment of the required fee, the board may issue a license to practice as a registered nurse by endorsement to an applicant who has been licensed as a registered nurse under the laws of another state, territory, or foreign country, if, in the opinion of the board, the applicant meets the qualifications required of registered nurses in this state at the time of original licensure. However, if any applicant for licensure by endorsement has not been engaged in the practice of nursing in the past six years, the board may establish reentry standards, by rules promulgated pursuant to chapter 1-26, and may require written evidence, verified by oath, as may be necessary to determine compliance with the standards.
Source:
SDC 1939, §27.0904; SL 1947, ch 123, §5; SL 1955, ch 91, §4; SDC Supp 1960, §27.0904 (2) (b); SL 1967, ch 101, §4 (2) (b); SL 1976, ch 228, §21; SL 1979, ch 255, §24; SL 1986, ch 307, §2; SL 2016, ch 194, §19.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-32.1 - Temporary permit for applicant holding license from another state.

36-9-32.1. Temporary permit for applicant holding license from another state.
Upon application and payment of the required fee, the board may issue a temporary permit to an applicant holding a current license as a registered nurse from any other state or territory awaiting endorsement. This permit shall bear an issuance date and a termination date and may not be valid for more than ninety days.
Source:
SL 1967, ch 101, §4 (2) (b) as added by SL 1969, ch 109; SL 1976, ch 228, §22; SL 1979, ch 255, §25; SL 1986, ch 307, §21.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-32.2 - Temporary anesthetist permit issued to applicant from another state.

36-9-32.2. Temporary anesthetist permit issued to applicant from another state.
Upon application and payment of the required fee, the Board of Nursing may issue a temporary permit to practice as a registered nurse anesthetist to an applicant from another state holding a current license as a certified registered nurse anesthetist while awaiting licensure in this state. This permit shall bear an issuance date and a termination date and may not be valid for more than ninety days.
Source:
SL 1979, ch 255, §26; SL 1986, ch 307, §22; SL 2014, ch 180, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-35 - Fees required of registered nurses.

36-9-35. Fees required of registered nurses.
The board shall promulgate by rule, pursuant to chapter 1-26, the following nonrefundable registered nurse fees which the board shall collect in advance from applicants:
(1)For initial licensure by examination or endorsement, not more than two hundred dollars, exclusive of any fee which may be required for a nationally administered examination;
(2)For reexamination, not more than the amount then required for licensure by examination;
(3)For verification of licensure to another state, territory, or foreign country, not more than thirty dollars;
(4)For initial certified registered nurse anesthetist licensure, not more than two hundred dollars;
(5)For issuance of any temporary or limited permit, not more than fifty dollars;
(6)For biennial renewal of license, not more than one hundred fifty dollars;
(7)For reinstatement of a lapsed license, the current renewal fee plus not more than one hundred dollars;
(8)For providing a transcript, not more than five dollars;
(9)For effecting a name change upon the records of a licensee, not more than twenty dollars;
(10)For issuing a duplicate license, not more than thirty dollars;
(11)For biennial renewal of certified registered nurse anesthetist license, not more than one hundred fifty dollars;
(12)For placing a license on inactive status, not more than twenty dollars;
(13)For issuance of any limited license, not more than thirty dollars.
Source:
SDC 1939, §27.0904; SL 1947, ch 123, §11; SL 1955, ch 91, §4; SDC Supp 1960, §27.0904 (3); SL 1967, ch 101, §4 (3); SL 1974, ch 248, §1; SL 1976, ch 228, §52; SL 1979, ch 255, §28; SL 1981, ch 279, §2; SL 1986, ch 307, §3; SL 1988, ch 299; SL 1989, ch 324, §1; SL 1989, ch 325, §9; SL 1990, ch 304, §1; SL 2003, ch 200, §1; SL 2008, ch 191, §20; SL 2016, ch 194, §20.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-36 - Title used by licensed registered nurse or certified registered nurse anesthetist.

36-9-36. Title used by licensed registered nurse or certified registered nurse anesthetist.
A person who holds a license to practice as a registered nurse in this state may use the title registered nurse and the abbreviation, RN. A person who holds a license to practice as a certified registered nurse anesthetist in this state may use the title, certified registered nurse anesthetist abbreviated, CRNA, and the title, advanced practice registered nurse abbreviated, APRN.
Source:
SDC 1939, §27.0907; SL 1947, ch 123, §10; SL 1955, ch 91, §4; SDC Supp 1960, §27.0904 (4); SL 1967, ch 101, §4 (4); SL 1976, ch 228, §24; SL 1979, ch 255, §§29, 30; SL 2014, ch 180, §4.