reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-37 - Proof of education required--Licensed practical nurse.

36-9-37. Proof of education required--Licensed practical nurse.
An applicant for a license to practice as a licensed practical nurse shall submit to the Board of Nursing written evidence, verified by oath, that the applicant has completed an approved program or its equivalent for the preparation of licensed practical nurses.
Source:
SL 1949, ch 109, §5; SL 1955, ch 91, §5; SDC Supp 1960, §27.0905 (1); SL 1967, ch 101, §5 (1); SL 1975, ch 234, §3; SL 1976, ch 228, §25; SL 1979, ch 255, §31; SL 1981, ch 279, §3; SL 2020, ch 168, § 6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-38 - Examination required for licensed practical nursing license--Issuance of license.

36-9-38. Examination required for licensed practical nursing license--Issuance of license.
Upon application and payment of the required fee, the applicant for a license to practice as a licensed practical 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 licensed practical nurse.
Source:
SL 1949, ch 109, §5; SL 1955, ch 91, §5; SDC Supp 1960, §27.0905 (2) (a); SL 1967, ch 101, §5 (2) (a); SL 1976, ch 228, §26; SL 1979, ch 255, §32; SL 1986, ch 307, §25; SL 2016, ch 194, §21.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-38.1 - Temporary permit for licensed practical nursing pending examination--Practice under supervision required.

36-9-38.1. Temporary permit for licensed practical nursing pending examination--Practice under supervision required.
Upon application and payment of the required fee the Board of Nursing may issue a temporary permit to practice as a licensed practical 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 a temporary permit may practice only under the supervision of a registered nurse.
Source:
SL 1974, ch 248, §3; SL 1975, ch 234, §4; SL 1976, ch 228, §27; SL 1979, ch 255, §33.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-39 - Licensing of licensed practical or vocational nurse from another state or country.

36-9-39. Licensing of licensed practical or vocational nurse from another state or country.
Upon application and payment of the required fee, the board may issue a license to practice as a licensed practical nurse by endorsement to any applicant who is a graduate of an approved program or has met the requirements by equivalency and has been licensed as a licensed practical nurse or licensed vocational 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 licensed practical 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:
SL 1949, ch 109, §7; SL 1955, ch 91, §5; SDC Supp 1960, §27.0905 (2) (b); SL 1967, ch 101, §5 (2) (b); SL 1976, ch 228, §28; SL 1977, ch 294, §1; SL 1979, ch 255, §34; SL 1986, ch 307, §4; SL 2016, ch 194, §22.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-39.1 - Temporary permit for licensed practical nurse from out of state.

36-9-39.1. Temporary permit for licensed practical nurse from out of 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 practical 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 1974, ch 248, §4; SL 1976, ch 228, §29; SL 1979, ch 225, §35; SL 1986, ch 307, §26.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-43 - Fees required of licensed practical nurses.

36-9-43. Fees required of licensed practical nurses.
The board shall promulgate by rule, pursuant to chapter 1-26, the following nonrefundable licensed practical 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 issuance of any temporary or limited permit, not more than fifty dollars;
(5)For biennial renewal of license, not more than one hundred fifty dollars;
(6)For reinstatement of a lapsed license, the current renewal fee plus not more than one hundred dollars;
(7)For providing a transcript, not more than five dollars;
(8)For effecting a name change upon the records of a licensee, not more than twenty dollars;
(9)For issuing a duplicate license, not more than thirty dollars;
(10)For placing a license on inactive status, not more than twenty dollars.
Source:
SL 1949, ch 109, §12; SL 1955, ch 91, §5; SDC Supp 1960, §27.0905 (3); SL 1967, ch 101, §5 (3); SL 1974, ch 248, §2; SL 1976, ch 228, §53; SL 1979, ch 255, §36; SL 1981, ch 279, §4; SL 1989, ch 324, §2; SL 1989, ch 325, §10; SL 1990, ch 304, §2; SL 2003, ch 200, §2; SL 2008, ch 191, §21; SL 2016, ch 194, §23.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-44 - Title used by licensed practical nurse.

36-9-44.Title used by licensed practical nurse.
Any person who holds a license to practice as a licensed practical nurse in this state may use the title licensed practical nurse and the abbreviation "L.P. N."
Source:
SL 1949, ch 109, §11; SL 1955, ch 91, §5; SDC Supp 1960, §27.0905 (4); SL 1967, ch 101, §5 (4); SL 1976, ch 228, §31; SL 1979, ch 255, §37.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-45 - Biennial renewal of license--Expiration date--Notice by board--Fee--Period of renewal.

36-9-45. Biennial renewal of license--Expiration date--Notice by board--Fee--Period of renewal.
The license of any person licensed under the provisions of this chapter shall be renewed biennially, except as provided in §36-9-46. The expiration date shall be established by the rules of the board pursuant to chapter 1-26. The board shall provide a notice for renewal of license to each licensee at least ninety days prior to the expiration date of the person's license. The licensee shall submit the required fee to the board before the expiration date. Upon receipt of the fee, the board shall renew the license. The renewal shall render the license holder a legal practitioner of nursing as designated for the period stated on the renewed license. However, if any applicant for renewal of a license has not 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, §27.0905; SL 1947, ch 123, §8; SL 1949, ch 109, §9; SL 1955, ch 91, §6; SDC Supp 1960, §27.0906; SL 1967, ch 101, §6; SL 1976, ch 228, §32; SL 1979, ch 255, §38; SL 1986, ch 307, §5; SL 2016, ch 194, §24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-46 - Application for inactive status--Fee.

36-9-46. Application for inactive status--Fee.
A licensee may file written application with the board, accompanied by the required fee, requesting inactive status. Upon receipt of the fee, the board shall place the license on inactive status.
Source:
SDC 1939, §27.0905; SL 1947, ch 123, §8; SL 1949, ch 109, §9; SL 1955, ch 91, §6; SDC Supp 1960, §27.0906; SL 1967, ch 101, §6; SDCL §36-9-47; SL 1976, ch 228, §33; SL 1977, ch 294, §2; SL 1979, ch 255, §40; SL 2016, ch 194, §26.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-47 - Reinstatement of lapsed license.

36-9-47. Reinstatement of lapsed license.
Any licensee who allows a license to lapse by failure to renew the license as provided in §36-9-45 may be reinstated by the board on satisfactory explanation for such failure to renew and payment of the required fee.
Source:
SDC 1939, §27.0905; SL 1947, ch 123, §8; SL 1949, ch 109, §9; SL 1955, ch 91, §6; SDC Supp 1960, §27.0906; SL 1967, ch 101, §6; SL 1976, ch 228, §34; SL 1979, ch 255, §41; SL 2016, ch 194, §27.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-47.1 - Evidence of completion of reentry requirements.

36-9-47.1. Evidence of completion of reentry requirements.
After a license has been lapsed or inactive for six years and the licensee has not engaged in the practice of nursing for the past six years, the board may require written evidence, verified by oath, of the licensee's successful completion of the reentry requirements as the board may establish by rules promulgated pursuant to chapter 1-26.
Source:
SL 1976, ch 228, §35; SL 1979, ch 255, §42; SL 1981, ch 279, §5; SL 1986, ch 307, §6; SL 2016, ch 194, §28.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-47.2 - Issuance of limited license to nurse enrolled in reentry program--Application for license or renewal on completion of program.

36-9-47.2. Issuance of limited license to nurse enrolled in reentry program--Application for license or renewal on completion of program.
Upon application and payment of the required fee, the board may issue a limited license to any nurse enrolled in a reentry program to practice only under the direct, personal supervision of a licensed registered nurse. Each limited license shall bear an issuance date and a termination date and may not be valid for more than ninety days. Upon successful completion of a reentry program, the nurse may apply for a license or renewal of a license.
Source:
SL 1986, ch 307, §7; SL 2016, ch 194, §29.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-49 - Grounds for denial, revocation, or suspension of license or application.

36-9-49. Grounds for denial, revocation, or suspension of license or application.
In compliance with chapter 1-26, the board may deny an application for licensure or may deny, revoke, or suspend a license and may take other disciplinary or corrective action the board considers appropriate in addition to or in lieu of such an action upon proof that the applicant or licensee has:
(1)Committed fraud, deceit, or misrepresentation in procuring or attempting to procure licensure;
(2)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 under its laws;
(3)Engaged in the practice of nursing under a false or incorrect name or under a fictitious or assumed business name which has not been registered pursuant to chapter 37-11 or impersonated another licensee of a like or different name;
(4)Committed an alcohol or drug related act or offense that interferes with the ability to practice nursing safely;
(5)Negligently, willfully, or intentionally acted in a manner inconsistent with the health or safety of a person entrusted to the applicant's or licensee's care;
(6)Had a license or privilege to practice as a registered nurse, licensed practical nurse, certified registered nurse anesthetist, or clinical nurse specialist denied, revoked, or suspended or had other disciplinary action taken in another state, territory, or foreign country;
(7)Violated any provisions of this chapter or the rules promulgated under it;
(8)Aided or abetted an unlicensed or uncertified person to practice nursing;
(9)Engaged in the practice of nursing during a time the applicant's or licensee's license is lapsed, on inactive status, suspended, or revoked;
(10)Engaged in unsafe nursing practice, substandard care, or unprofessional or dishonorable conduct;
(11)Exercised influence within the nurse-patient relationship for the purpose of engaging a patient in sexual activity. For the purpose of this subdivision, the patient is presumed incapable of giving free, full, and informed consent to sexual activity with the nurse; or
(12)Engaged in gross sexual harassment or sexual contact.
Source:
SDC 1939, §27.0906; SL 1947, ch 123, §9; SL 1949, ch 109, §10; SL 1955, ch 91, §§6, 9; SDC Supp 1960, §§27.0906, 27.0909 (1), (2); SL 1967, ch 101, §§6, 9 (1), (2); SDCL §§36-9-48, 36-9-51; SL 1976, ch 228, §§36 to 38; SL 1979, ch 255, §44; SL 1993, ch 276, §1; SL 1994, ch 299, §1; SL 1995, ch 217, §5; SL 2000, ch 192, §5; SL 2005, ch 199, §22; SL 2016, ch 194, §30.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-49.1 - Physical or mental condition as ground for denial, revocation or suspension--Examination--Immediate suspension upon failure to submit.

36-9-49.1. Physical or mental condition as ground for denial, revocation or suspension--Examination--Immediate suspension upon failure to submit.
In addition to the provisions for summary suspension in §1-26-29, the board may take action pursuant to §36-9-49 upon a showing that the physical or mental condition of the licensee or applicant endangers the health or safety of a person who is or will be entrusted to the licensee's or applicant's care. A majority of the board may demand an examination of the licensee or applicant by a competent medical or psychological examiner selected by the board at the board's expense. If the licensee, or applicant fails to submit to the examination, the board may immediately suspend the license or deny the application.
Source:
SDCL §36-9-49 (7) as added by SL 1976, ch 228, §37; SL 1979, ch 255, §45; SL 1986, ch 307, §29; SL 1993, ch 276, §2; SL 2016, ch 194, §31.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-51.1 - Hearing required for license revocation, suspension, or reissuance.

36-9-51.1. Hearing required for license revocation, suspension, or reissuance.
Any license may be suspended, revoked, or reissued only after a hearing conducted by a hearing examiner appointed by the board or by a majority of the members of the board.
Source:
SL 1976, ch 228, §39; SL 1979, ch 255, §47; SL 1986, ch 307, §30; SL 2016, ch 194, §32.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-51.2 - Revocation or suspension proceedings to conform to administrative procedure.

36-9-51.2. Revocation or suspension proceedings to conform to administrative procedure.
Any proceeding relative to the revocation or suspension of a license shall otherwise conform to the procedure set forth in chapter 1-26.
Source:
SL 1976, ch 228, §40; SL 1979, ch 255, §48; SL 2016, ch 194, §33.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-51.3 - Majority of board required to suspend, revoke, or reissue license.

36-9-51.3. Majority of board required to suspend, revoke, or reissue license.
Any decision of the board to suspend, revoke, or reissue a license requires a majority vote of the board.
Source:
SL 1976, ch 228, §41; SL 1979, ch 255, §49; SL 1986, ch 307, §31; SL 2016, ch 194, §34.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-51.4 - Appeal by aggrieved party from board actions.

36-9-51.4. Appeal by aggrieved party from board actions.
Any party aggrieved by any act, ruling, or decision of the board relating to the refusal to grant, the denial, revocation, suspension, or reissuance of a license may appeal pursuant to chapter 1-26.
Source:
SL 1976, ch 228, §42; SL 1979, ch 255, §50; SL 1986, ch 307, §32; SL 2016, ch 194, §35.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-57 - Reissuance of revoked or suspended license.

36-9-57. Reissuance of revoked or suspended license.
Any revoked or suspended license may be reissued at the discretion of the board upon a finding of good cause.
Source:
SL 1955, ch 91, §9; SDC Supp 1960, §27.0909 (2); SL 1967, ch 101, §9 (2); SL 1979, ch 255, §51; SL 1986, ch 307, §33; SL 2016, ch 194, §36.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-58 - Approval by board of curricula and educational standards.

36-9-58. Approval by board of curricula and educational standards.
The board may approve curricula and standards for educational programs preparing persons for licensure under this chapter.
Source:
SL 1947, ch 123, §3; SL 1949, ch 109, §3; SL 1955, ch 91, §3; SDC Supp 1960, §27.0903 (3) (b); SL 1967, ch 101, §3 (3) (b); SDCL §36-9-58.1; SL 1972, ch 204, §4; SL 1976, ch 228, §43; SL 1980, ch 255; SL 1986, ch 307, §34; SL 2016, ch 194, §37.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-58.2 - Application by institution to provide educational program.

36-9-58.2. Application by institution to provide educational program.
An institution desiring to conduct an approved program shall apply to the Board of Nursing and submit evidence that it is prepared to provide a program that will meet the approval of the board.
Source:
SL 1955, ch 91, §8; SDC Supp 1960, §27.0908 (1); SL 1967, ch 101, §8 (1); SDCL, §36-9-62; SL 1976, ch 228, §45; SL 1979, ch 255, §52.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-58.3 - Survey of educational program of applicant institution--Interim approval.

36-9-58.3. Survey of educational program of applicant institution--Interim approval.
A survey of the educational program of any institution applying under §36-9-58.2 shall be made by the board. If the board finds that the curricula and standards required by it and this chapter are met, the institution's program shall receive interim approval until a survey is made following graduation of the first class.
Source:
SL 1947, ch 123, §3; SL 1949, ch 109, §3; SL 1955, ch 91, §3; SDC Supp 1960, §27.0903 (3) (c), (d); SL 1967, ch 101, §3 (3) (d); SDCL, §§36-9-59, 36-9-60; SL 1976, ch 228, §44; SL 1979, ch 255, §53; SL 1986, ch 307, §35.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-58.4 - Denial of approval of educational program.

36-9-58.4. Denial of approval of educational program.
The Board of Nursing may, pursuant to chapter 1-26, deny approval of any educational program for failure to meet prescribed curricula or standards.
Source:
SL 1955, ch 91, §3; SDC Supp 1960, §27.0903 (3) (e); SL 1967, ch 101, §3 (3) (e); SDCL, §36-9-65; SL 1979, ch 255, §54.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-64 - Survey of approved programs in state--Report to board.

36-9-64. Survey of approved programs in state--Report to board.
The board may survey all approved programs in the state.
Source:
SL 1955, ch 91, §8; SDC Supp 1960, §27.0908 (2); SL 1967, ch 101, §8 (2); SDCL, §36-9-63; SL 1976, ch 228, §§46, 47; SL 1979, ch 255, §61; SL 1986, ch 307, §36.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-64.1 - Fee and expenses for survey of educational institution.

36-9-64.1. Fee and expenses for survey of educational institution.
The Board of Nursing shall collect a fee from any institution being surveyed not to exceed one hundred dollars per day plus the actual expenses for any persons conducting the survey.
Source:
SL 1976, ch 228, §54; SDCL Supp, §36-9-59.1; SL 1979, ch 255, §65.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-66 - Notice to institution of failure to maintain educational standards.

36-9-66. Notice to institution of failure to maintain educational standards.
If the Board of Nursing determines that any approved program is not maintaining the curricula or standards required by the statutes and by the board, notice thereof shall be immediately given by the board to the institution conducting the program.
Source:
SL 1955, ch 91, §8; SDC Supp 1960, §27.0908 (2); SL 1967, ch 101, §8 (2); SL 1979, ch 255, §63.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-67 - Withdrawal of board approval on failure to correct deficiencies.

36-9-67. Withdrawal of board approval on failure to correct deficiencies.
If an institution fails to correct the deficiencies for which notice is given pursuant to §36-9-66 to the satisfaction of the Board of Nursing within a reasonable time, the board shall conduct proceedings under chapter 1-26 and may, if appropriate, withdraw its approval of an institution's program.
Source:
SL 1955, ch 91, §8; SDC Supp 1960, §27.0908 (2); SL 1967, ch 101, §8 (2); SL 1976, ch 228, §48; SL 1979, ch 255, §64.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-67.1 - Educational programs conducted or sponsored by board.

36-9-67.1. Educational programs conducted or sponsored by board.
The Board of Nursing may conduct or sponsor such studies, workshops, or refresher courses as deemed necessary by the board.
Source:
SL 1967, ch 101, §3 (3) (p); SDCL, §36-9-61; SL 1979, ch 255, §66.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-68 - Prohibited acts--Misdemeanor.

36-9-68. Prohibited acts--Misdemeanor.
No person may:
(1)Sell or fraudulently obtain or furnish a diploma, license, renewal of license, or any other record necessary to practice nursing under this chapter or aid or abet in such actions;
(2)Practice nursing as defined in this chapter under cover of any diploma, license, renewal of license, or other record necessary to practice nursing under this chapter that was illegally or fraudulently obtained or signed or was issued unlawfully or under fraudulent representation;
(3)Practice or offer to practice as a registered nurse, licensed practical nurse, registered nurse anesthetist, or clinical nurse specialist without being licensed under this chapter;
(4)Use in connection with the person's name a sign, card, device, or other designation tending to imply that the person is a registered nurse, a licensed practical nurse, a certified registered nurse anesthetist, or a clinical nurse specialist without being licensed under this chapter;
(5)Practice nursing as defined in this chapter during any time that the person's license is lapsed, on inactive status, suspended, or revoked;
(6)Conduct a nursing education program for the preparation of registered nurses, licensed practical nurses, certified registered nurse anesthetists, or clinical nurse specialists unless the program has been approved by the board; or
(7)Otherwise violate any of the provisions of this chapter.
A violation of this section is a Class 1 misdemeanor.
Source:
SDC 1939, §§27.0907, 27.9921; SL 1947, ch 123, §§10, 12; SL 1949, ch 109, §§11, 13; SL 1955, ch 91, §§1, 11; SDC Supp 1960, §§27.0901, 27.9944, 27.9955; SL 1967, ch 101, §§1, 12; SDCL §36-9-27; SL 1976, ch 228, §§16, 49; SL 1977, ch 190, §§157, 158; SL 1979, ch 255, §67; SL 1994, ch 300, §1; SL 1995, ch 217, §6; SL 2016, ch 194, §38.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-69 - Single act as proof of violation.

36-9-69. Single act as proof of violation.
It shall be necessary to prove in any prosecution for any violation of this chapter only a single act prohibited by law or a single holding out or an attempt without proving a general course of conduct in order to constitute a violation.
Source:
SL 1955, ch 91, §11; SDC Supp 1960, §27.9955; SL 1967, ch 101, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-70 - Board to prosecute violations.

36-9-70. Board to prosecute violations.
The Board of Nursing may prosecute all persons violating this chapter and may incur such necessary expenses therefor.
Source:
SDC 1939, §27.0907; SL 1947, ch 123, §10; SL 1949, ch 109, §11; SL 1955, ch 91, §3; SDC Supp 1960, §27.0903 (3) (i); SL 1967, ch 101, §3 (3) (i); SL 1979, ch 255, §68.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-71 - Unlicensed practice of nursing as public nuisance.

36-9-71. Unlicensed practice of nursing as public nuisance.
The practice as a registered nurse or licensed practical nurse by any person who has not been issued a license under the provisions of this chapter, or whose license has been suspended, revoked or has lapsed, is hereby declared to be inimical to the public welfare and to constitute a public nuisance.
Source:
SL 1955, ch 91, §12; SDC Supp 1960, §27.0911; SL 1967, ch 101, §11; SL 1976, ch 228, §50.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-72 - Injunction to prevent unlawful practice--Election of remedies.

36-9-72. Injunction to prevent unlawful practice--Election of remedies.
The board may in the name of the people of the State of South Dakota, through the attorney general of the State of South Dakota, or in the board's own name 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 nursing as defined in this chapter without a license issued by the board;
(2)Is practicing nursing as defined in this chapter under a license that is lapsed, on inactive status, suspended, or revoked;
(3)Is endangering, or threatening to endanger, the health or safety of those entrusted to the licensee's or applicant's care in the practice of nursing as defined in this chapter.
An action for injunction is an alternate to criminal proceedings, and the commencement of one proceeding by the board constitutes an election. 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 this section, may issue a temporary injunction, without notice or bond, enjoining the defendant from further practice as a registered nurse, licensed practical nurse, certified registered nurse anesthetist, or clinical nurse specialist.
Source:
SL 1955, ch 91, §12; SDC Supp 1960, §27.0911; SL 1967, ch 101, §11; SL 1976, ch 228, §51; SL 1979, ch 255, §69; SL 1995, ch 217, §7; SL 2016, ch 194, §39.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-76 - Nurses' education assistance scholarship.

36-9-76. Nurses' education assistance scholarship.
The South Dakota Board of Nursing may establish a nurses' education assistance scholarship program and adopt rules pursuant to chapter 1-26 to provide the criteria for applicant eligibility and program administration.
Source:
SL 1989, ch 325, §1; SL 2014, ch 180, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-77 - Funding for education assistance scholarship program.

36-9-77. Funding for education assistance scholarship program.
Funding for the nurses' education assistance scholarship program shall be established as follows:
(1)By setting aside in a special account ten dollars of each registered nurse and licensed practical nurse biennial license renewal fee;
(2)Donations and bequests from individuals wishing to further the intent of the nurses' education assistance scholarship program; and
(3)Additional funds as may from time to time be designated by the board.
Source:
SL 1989, ch 325, §2; SL 2014, ch 180, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-78 - Qualification criteria for education assistance scholarship.

36-9-78. Qualification criteria for education assistance scholarship.
To qualify for the nurses' education assistance scholarship program the applicant shall meet the following criteria:
(1)Be a citizen of the United States and a South Dakota resident for a minimum of one year immediately preceding the date of application;
(2)Meet the criteria established by the South Dakota Board of Nursing;
(3)Be accepted into a board approved nursing education program for licensed practical nurses or registered nurses whether leading to initial licensure or degree enhancement; and
(4)Have or maintain a satisfactory grade for progression in the nursing education program as determined by the faculty of the institution.
Source:
SL 1989, ch 325, §3; SL 2014, ch 180, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-79 - Number and distribution of scholarships from education assistance program.

36-9-79. Number and distribution of scholarships from education assistance program.
The number and distribution of scholarships from the nurses' education assistance scholarship program shall be determined annually by the South Dakota Board of Nursing. However, the total scholarship amount shall be distributed for registered nurses' basic education and degree enhancement and licensed practical nurses' basic education proportionate to the number of licensees in each category on an annual basis.
Source:
SL 1989, ch 325, §4; SL 2014, ch 180, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-80 - Restrictions on distributions from education assistance program.

36-9-80. Restrictions on distributions from education assistance program.
Distributions from the nurses' education assistance scholarship program are subject to the following:
(1)The amount of each scholarship shall be determined annually by the South Dakota Board of Nursing but may not exceed the sum of one thousand dollars per full academic year; and
(2)Funds from this scholarship program shall be disbursed on an annual basis and shall be disbursed to the institution which the applicant attends and not directly to the scholarship recipient. The institution may only credit nurses' education assistance scholarship program funds to the payment of tuition, books, fees, and other direct educational expenses. Room and board may not be considered a direct educational expense.
Source:
SL 1989, ch 325, §5; SL 2014, ch 180, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-84 - Definition of durable medical equipment or therapeutic device.

36-9-84. Definition of durable medical equipment or therapeutic device.
For the purposes of §36-9-87, durable medical equipment or therapeutic device is an appliance, apparatus, or product intended for use in nursing diagnosis or treatment and in the prevention of disease or maintenance or restoration of health that are required to implement the overall plan of care.
Source:
SL 1995, ch 217, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-85 - Evidence of qualifications required for license as clinical nurse specialist.

36-9-85. Evidence of qualifications required for license as clinical nurse specialist.
Any person practicing or offering to practice as a clinical nurse specialist in this state shall submit evidence of qualifications to the Board of Nursing and shall be licensed as provided by this chapter.
Source:
SL 1995, ch 217, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-86 - Requirements for license as clinical nurse specialist.

36-9-86. Requirements for license as clinical nurse specialist.
An applicant for licensure as a clinical nurse specialist shall submit to the board written evidence, verified by oath, that the applicant:
(1)Is currently licensed by the board as a registered nurse or has a privilege to practice in this state;
(2)Has completed an accredited graduate or post-graduate level advanced practice registered nurse program in the clinical nurse specialist role;
(3)Is currently certified by a national certifying body recognized by the board in the clinical nurse specialist role; and
(4)Is otherwise qualified under §36-9-49.
Any person licensed pursuant to §§36-9-85 to 36-9-91, inclusive, prior to July 1, 1996, is exempt from subdivision (3) of this section. The board may promulgate rules, pursuant to chapter 1-26, regarding the application and examination process for licensure as a clinical nurse specialist.
Source:
SL 1995, ch 217, §9; SL 2016, ch 194, §40.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-87 - Practice of a licensed clinical nurse specialist.

36-9-87. Practice of a licensed clinical nurse specialist.
In addition to performing all those functions within the scope of practice of a registered nurse as provided in this chapter, the practice of a licensed clinical nurse specialist, by means of graduate education in nursing and additional clinical preparation which provides for knowledge, judgment, and skills beyond that required of a registered nurse licensed under this chapter, means to:
(1)Provide advanced nursing assessment, nursing interventions, and nursing care management in a clinical specialty area in a variety of settings, by integrating the areas of education, research, consultation, and leadership into their clinical role;
(2)Utilize advanced nursing skills and knowledge to coordinate and manage highly complex nursing care problems across settings, across disciplines and agencies, and throughout the life span in a clinical specialty area; and
(3)In collaboration with a licensed physician, prior to care being provided, order and dispense durable medical equipment or therapeutic devices or refer clients to qualified licensed providers under title 36.
Nothing in this section would preclude the retail sale or rental of durable medical equipment as defined in § 10-45-1, or would prevent or restrict the practice, service, or activity of a person licensed in this state by any other law from engaging in the profession or occupation for which that person is licensed if that person is performing services within an authorized scope of practice.
Source:
SL 1995, ch 217, §10; SL 2021, ch 175, § 4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-88 - Title used by clinical nurse specialist.

36-9-88. Title used by clinical nurse specialist.
A person who holds a license to practice as a clinical nurse specialist in this state may use the title, clinical nurse specialist and the abbreviation, CNS, and the title, advanced practice registered nurse, and the abbreviation, APRN.
Source:
SL 1995, ch 217, §11; SL 2014, ch 180, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-89 - Temporary permit for clinical nurse specialist awaiting exam results.

36-9-89. Temporary permit for clinical nurse specialist awaiting exam results.
Upon application and payment of the required fee, the board may issue a temporary permit to practice as a clinical nurse specialist to an applicant who has completed an approved program and is awaiting the results of the first examination that the applicant is eligible to take after the permit is issued. The temporary permit shall become invalid upon notification to the applicant of the results of the first examination.
Source:
SL 1995, ch 217, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-90 - Temporary permit for out of state licensed clinical nurse specialist applicant--Issuance date and termination date.

36-9-90. Temporary permit for out of state licensed clinical nurse specialist applicant--Issuance date and termination date.
Upon application and payment of the required fee, the Board of Nursing may issue a temporary permit to practice as a clinical nurse specialist to an applicant from another state holding a current license as a clinical nurse specialist 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 1995, ch 217, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-91 - Fees required of clinical nurse specialists.

36-9-91. Fees required of clinical nurse specialists.
The board shall promulgate rules, pursuant to chapter 1-26, to establish the following fees for clinical nurse specialists:
(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 verification of licensure to another state, territory, or foreign country, not more than thirty dollars;
(3)For issuance of a temporary permit, not more than fifty dollars;
(4)For biennial renewal of license, not more than one hundred fifty dollars;
(5)For reinstatement of a lapsed license, the current renewal fee plus not more than one hundred dollars;
(6)For providing a transcript, not more than five dollars;
(7)For issuing a duplicate license, not more than thirty dollars;
(8)For placing a license on inactive status, not more than twenty dollars; and
(9)For effecting a name change upon the records of a license, not more than twenty dollars.
The fees shall be paid in advance and are not refundable.
Source:
SL 1995, ch 217, §14; SL 2003, ch 200, §3; SL 2016, ch 194, §41.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-93 - Head of nurse licensing board defined.

36-9-93. Head of nurse licensing board defined.
The head of the nurse licensing board as used to define the compact administrator in Article VIII(a) means the executive secretary of the Board of Nursing.
Source:
SL 2000, ch 192, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-94 - Practice privileges--Power of board to limit or revoke.

36-9-94. Practice privileges--Power of board to limit or revoke.
The Board of Nursing may limit, revoke, or take other action against a person's practice privilege in this state if disciplinary action has been taken on the person's practice privilege granted by another party state.
Source:
SL 2000, ch 192, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-95 - Nursing workforce center established--Funding.

36-9-95. Nursing workforce center established--Funding.
The Board of Nursing shall establish a nursing workforce center. The board shall charge a fee of ten dollars upon the biennial renewal of each registered nurse and practical nurse license in addition to the license renewal fee for the funding of the nursing workforce center. Donations and bequests from persons to further the intent of the nursing workforce center or additional funds designated by the board may also be accepted and placed in the restricted fund.
Source:
SL 2002, ch 178, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-96 - Powers of nursing workforce center.

36-9-96. Powers of nursing workforce center.
The nursing workforce center may address issues regarding the supply, demand, and need for nurses, including issues of recruitment, retention, educational preparation, and utilization of nurses. In addition, the nursing workforce center may:
(1)Maintain a database on the supply, demand, and need for nurses in the state;
(2)Convene representatives of nurses, health care providers, consumers, educators, government officials, and other individuals in business and industry to review and comment on data analysis; make recommendations for strategic action; and evaluate effectiveness of actions implemented;
(3)Provide electronic access to comprehensive information and research conducted by the nursing workforce center;
(4)Evaluate the effectiveness of nursing education articulation and support for nursing education mobility;
(5)Promote strategies to improve nursing workplace environments and promote nursing leadership development; and
(6)Evaluate the effectiveness of state initiatives implemented to address nursing workforce capacities and requirements.
Source:
SL 2002, ch 178, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-97 - Criminal background investigation of applicants and licensees subject to disciplinary investigation--Cooperation required--Fees.

36-9-97. Criminal background investigation of applicants and licensees subject to disciplinary investigation--Cooperation required--Fees.
Each applicant for licensure as a registered nurse, licensed practical nurse, certified registered nurse anesthetist, or clinical nurse specialist 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 of Nursing 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 prior to permanent licensure of the applicant. The Board of Nursing may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the board. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation.
Source:
SL 2006, ch 198, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09 - Registered And Practical Nurses › Section 36-9-99 - General funds not to be used to support compact.

36-9-99. General funds not to be used to support compact.
No state general funds shall be used to support the Nurse Licensure Compact.
Source:
SL 2016, ch 194, §43.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-1 - Definition of terms.

36-9A-1. Definition of terms.
Terms as used in this chapter mean:
(1)"Approved program," an educational program of study which meets the requirements established by this chapter and by the board;
(2)"Board," the South Dakota Board of Nursing;
(3)"License," the written authorization by the board required to practice the specialties of certified nurse practitioner or certified nurse midwife;
(4)"Certified nurse midwife," a provider duly authorized under this chapter to practice the nursing specialty of nurse midwifery as defined in §36-9A-13;
(5)"Certified nurse practitioner," a provider duly authorized under this chapter to practice the specialty of nurse practitioner as defined in §36-9A-12;
(6)"Collaboration," 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;
(7)"Advanced practice registered nurse," or "APRN," a person licensed by the board in the role of a certified nurse practitioner or a certified nurse midwife;
(8)A collaborative agreement, as used in this chapter, means a written mutual agreement between a licensee who has not met the required one thousand forty practice hours and a physician, licensed pursuant to SDCL 36-4, or a certified nurse practitioner or certified nurse midwife licensed under this chapter.
Source:
SL 1979, ch 256, §1; SL 1995, ch 218, §1; SL 1999, ch 192, §11; SL 2014, ch 180, §14; SL 2017, ch 171, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-2 - License required to practice as certified nurse practitioner or certified nurse midwife.

36-9A-2. License required to practice as certified nurse practitioner or certified nurse midwife.
No person may practice or offer to practice as a certified nurse practitioner or certified nurse midwife in this state unless the person is currently licensed to practice pursuant to this chapter.
Source:
SL 1979, ch 256, §3; SL 1995, ch 218, §2; SL 2017, ch 171, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-2.1 - Temporary permit to practice.

36-9A-2.1. Temporary permit to practice.
Upon application and payment of the required fee the board may issue a temporary permit to practice as a nurse practitioner or nurse midwife to an applicant who is waiting for the results of the first examination the applicant is eligible to take after completion of an approved program. An applicant issued a temporary permit under this section shall initially receive thirty days of supervision by direct personal contact with a licensed physician, certified nurse practitioner, or certified nurse midwife that holds an unencumbered license to practice. Thereafter, and until expiration of the temporary permit, the supervision shall include two, one-half business days per week of supervision by direct personal contact. The permit shall become invalid upon notification to the applicant of the results of the first examination.
Source:
SL 1982, ch 274, §1; SL 1995, ch 218, §3; SL 2017, ch 171, §3.