reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-2.2 - License to practice of person licensed under laws of other state.

36-9A-2.2. License to practice of person licensed under laws of other state.
Upon application and payment of the required fee the board may issue a license to practice as a certified nurse practitioner or certified nurse midwife by endorsement to an applicant who has been licensed as a certified nurse practitioner or certified nurse midwife under the laws of another state, territory, or foreign country, if, in the opinion of the board, the applicant meets the qualifications required of a certified nurse practitioner or a certified nurse midwife in this state.
Source:
SL 1982, ch 274, §2; SL 1995, ch 218, §4; SL 2017, ch 171, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-2.3 - Temporary permit issued to person licensed under laws of other state.

36-9A-2.3. Temporary permit issued to person licensed under laws of other 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 certified nurse practitioner or certified nurse midwife from any other state or territory awaiting endorsement. This permit shall bear an issuance date and a date when it becomes invalid, and the period of time between the two dates may not exceed one hundred twenty days.
Source:
SL 1982, ch 274, §3; SL 1995, ch 218, §5; SL 2017, ch 171, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-3 - Unlicensed practice permitted in certain situations.

36-9A-3. Unlicensed practice permitted in certain situations.
This chapter does not prohibit the performance of the functions of a certified nurse practitioner or certified nurse midwife by an unlicensed person if performed:
(1)In an emergency situation;
(2)By a legally qualified person from another state employed by the United States government and performing the person's official duties in this state; or
(3)By a person enrolled in an approved program for the preparation of certified nurse practitioners or certified nurse midwives, as a part of that approved program.
Source:
SL 1979, ch 256, §12; SL 1995, ch 218, §6; SL 2017, ch 171, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-4 - Licensing requirements.

36-9A-4. Licensing requirements.
No person may be licensed to practice as a certified nurse practitioner or certified nurse midwife unless the person:
(1)Is currently licensed by the Board of Nursing as a registered nurse or has a privilege to practice;
(2)Has completed an approved program for the preparation of certified nurse practitioners or certified nurse midwives;
(3)Has passed any examination, written or oral, or both, which the board may require; and
(4)Has completed a minimum of one thousand forty practice hours as a licensed certified nurse practitioner or certified nurse midwife; or
(5)Has a written collaborative agreement with a physician, licensed pursuant to chapter 36-4, or a certified nurse practitioner or certified nurse midwife licensed under this chapter, to meet the one thousand forty hour practice requirement; and
(6)Is otherwise qualified under §36-9A-29.
Source:
SL 1979, ch 256, §4; SL 1995, ch 218, §7; SL 1999, ch 192, §12; SL 2017, ch 171, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-5 - Practice regulated by Board of Nursing.

36-9A-5. Practice regulated by Board of Nursing.
The practice in this state as a certified nurse practitioner or certified nurse midwife is regulated by the South Dakota Board of Nursing. The board may license, supervise the practice, and revoke or suspend licenses or otherwise discipline any person applying for or practicing as a certified nurse practitioner or certified nurse midwife. The board shall conduct its business in accordance with chapter 36-9.
Source:
SL 1979, ch 256, §2; SL 1995, ch 218, §8; SL 2017, ch 171, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-5.1 - Advanced practice nurse advisory committee--Appointment--Terms--Duties.

36-9A-5.1. Advanced practice nurse advisory committee--Appointment--Terms--Duties.
The Board of Nursing shall appoint an advanced practice nurse advisory committee composed of two certified nurse midwives and four certified nurse practitioners. Committee members shall be selected from a list of nominees by the Board of Nursing. Each committee member shall serve a term of three years. No committee member may be appointed to more than three consecutive terms. If a vacancy occurs, the board shall appoint a person to fill the unexpired term. The appointment of a person to an unexpired term is not considered a full term. The committee shall meet at least annually or as necessary to conduct business. The committee shall assist the board in evaluating standards of advanced practice nursing care and the regulation of certified nurse practitioners and certified nurse midwives pursuant to this chapter. The committee shall also make recommendations to the board regarding rules promulgated pursuant to this chapter. The committee shall meet the requirements of chapter 1-25 regarding open meetings.
Source:
SL 1999, ch 192, §23; SL 2005, ch 199, §23; SL 2017, ch 171, §9; SL 2020, ch 167, § 4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-7 - Inspection of premises by board--Refusal as misdemeanor.

36-9A-7. Inspection of premises by board--Refusal as misdemeanor.
The board may enter and inspect, during business hours, any place where the certified nurse practitioner or certified nurse midwife practiced for the purpose of enforcing this chapter and any rules promulgated by the board pursuant to this chapter. The refusal to allow an inspection is a Class 1 misdemeanor. An inspection authorized in this section may include any medical or drug records, and the copying thereof, and any inventory relating to drugs and controlled substances required to be kept under the provisions of chapter 34-20B. The board shall maintain the confidentiality of any records obtained pursuant to this section.
Source:
SL 1979, ch 256, §34; SL 2017, ch 171, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-9 - Filing of application for licensure--Form--Fee--Issuance of license.

36-9A-9. Filing of application for licensure--Form--Fee--Issuance of license.
An applicant for licensure as a certified nurse practitioner or certified nurse midwife shall file with the board an application, verified by oath, on a form prescribed by the board and accompanied by the required fee. If the board finds that the applicant has satisfied all requirements, the board shall issue to the applicant a license to practice as a certified nurse practitioner or certified nurse midwife in a population focus consistent with education.
Source:
SL 1979, ch 256, §5; SL 1995, ch 218, §9; SL 2017, ch 171, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-9.1 - Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees .

36-9A-9.1. Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees .
Each applicant for licensure as a certified nurse practitioner or certified nurse midwife in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the board all information obtained as a result of the criminal background check. This information shall be obtained prior to permanent licensure of the applicant. The board 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 to 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 any fees charged for the cost of fingerprinting or the criminal background investigation.
Source:
SL 2012, ch 193, §4; SL 2017, ch 171, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-11 - Title used by certified nurse practitioner and certified nurse midwife.

36-9A-11. Title used by certified nurse practitioner and certified nurse midwife.
A person licensed to practice as a certified nurse practitioner in this state may use the title, APRN, and certified nurse practitioner abbreviated, CNP. A person licensed to practice as a certified nurse midwife in this state may use the title, APRN, and certified nurse midwife abbreviated, CNM.
Source:
SL 1979, ch 256, §13; SL 1995, ch 218, §11; SL 2014, ch 180, §15; SL 2017, ch 171, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-12 - Scope of certified nurse practitioner practice.

36-9A-12. Scope of certified nurse practitioner practice.
In addition to the registered nurse scope of practice, as defined in §36-9-3, and within the certified nurse practitioner role and population focus, a certified nurse practitioner may perform the following advanced practice registered nursing scope:
(1)Conduct an advanced assessment;
(2)Order and interpret diagnostic procedures;
(3)Establish primary and differential diagnoses;
(4)Prescribe, order, administer, and furnish therapeutic measures as follows:
(a)Diagnose, prescribe, and institute therapy or referrals of patients to health care agencies, health care providers, and community resources;
(b)Prescribe, procure, administer, and furnish pharmacological agents, including over the counter, legend, and controlled drugs or substances listed on Schedule II in chapter 34-20B;
(c)Plan and initiate a therapeutic regimen that includes ordering and prescribing nonpharmacological interventions, including durable medical equipment, medical devices, nutrition, blood and blood products, diagnostic, and supportive services including home health care, hospice, and physical and occupational therapy; and
(d)Write a chemical or physical restraint order when the patient may do personal harm or harm others;
(5)Perform a physical examination for the determination of participation in athletics or employment duties;
(6)Complete and sign official documents such as death certificates, birth certificates, and similar documents required by law; and
(7)Delegate and assign therapeutic measures to assistive personnel.
Source:
SL 1979, ch 256, §6; SL 1985, ch 219, §3; SL 1990, ch 305; SL 1991, ch 198, §5; SL 1994, ch 293, §2; SL 1995, ch 213, §2; SL 1999, ch 192, §14; SL 2000, ch 188, §2; SL 2006, ch 195, §2; SL 2017, ch 171, §16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-13 - Scope of certified nurse midwife practice.

36-9A-13. Scope of certified nurse midwife practice.
In addition to the registered nurse scope of practice, as defined in §36-9-3, and within the certified nurse midwife role and population focus, a certified nurse midwife may perform the following advanced practice registered nursing scope:
(1)Conduct an advanced assessment;
(2)Order and interpret diagnostic procedures;
(3)Manage the provision of women's health care throughout the lifespan, from adolescence through post menopause, including:
(a)Establishing primary and differential diagnoses;
(b)Managing prenatal care;
(c)Managing intrapartum care; and
(d)Managing postpartum care of the mother-baby unit;
(4)Manage sexually transmitted infections in males;
(5)Prescribe, order, administer, and furnish therapeutic measures as follows:
(a)Diagnose, prescribe, and institute therapy or referrals of patients to health care agencies, health care providers, and community resources;
(b)Prescribe, procure, administer, and furnish pharmacological agents, including over the counter, legend, and controlled drugs or substances listed on Schedule II in chapter 34-20B; and
(c)Plan and initiate a therapeutic regimen that includes ordering and prescribing nonpharmacological interventions, including durable medical equipment, medical devices, nutrition, blood and blood products, and diagnostic and supportive services including home health care, physical and occupational therapy;
(6)Complete and sign official documents such as death certificates, birth certificates, and similar documents required by law; and
(7)Delegate and assign therapeutic measures to assistive personnel.
Source:
SL 1979, ch 256, §7; SL 1995, ch 213, §3; SL 1999, ch 192, §15; SL 2000, ch 188, §3; SL 2006, ch 195, §3; SL 2017, ch 171, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-13.1 - Collaboration with other health care providers.

36-9A-13.1. Collaboration with other health care providers.
The certified nurse practitioner or certified nurse midwife shall collaborate with other health care providers and refer or transfer patients as appropriate.
Source:
SL 1999, ch 192, §13; SL 2017, ch 171, §18.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-14 - Practice of pharmacy prohibited.

36-9A-14. Practice of pharmacy prohibited.
Nothing in this chapter shall authorize a certified nurse practitioner or certified nurse midwife to practice pharmacy as defined in chapter 36-11.
Source:
SL 1979, ch 256, §39; SL 2017, ch 171, §50.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-17.2 - Performance of abortions not authorized.

36-9A-17.2. Performance of abortions not authorized.
Nothing in this chapter authorizes a certified nurse practitioner or certified nurse midwife to perform abortions.
Source:
SL 2000, ch 189, §2; SL 2017, ch 171, §22.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-19 - Hospital services--Rules and regulations.

36-9A-19. Hospital services--Rules and regulations.
If a certified nurse practitioner or certified nurse midwife renders services in a hospital or a related institution licensed pursuant to chapter 34-12, the certified nurse practitioner or certified nurse midwife is subject to the rules and regulations of that hospital or related institution.
Source:
SL 1979, ch 256, §11; SL 2017, ch 171, §24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-21.1 - Curricula and standards for educational programs.

36-9A-21.1. Curricula and standards for educational programs.
The board may approve curricula and standards for educational programs preparing persons to meet licensure requirements under this chapter. An institution desiring to conduct an approved program shall apply to the board and submit evidence that it is prepared to provide a program that will meet the requirements of the board. The board may conduct a survey of an educational program of any institution in the state applying to conduct an approved program pursuant to this section. The board may deny approval of an educational program if the program fails to meet the curricula and educational program standards required in rules promulgated by the board pursuant to chapter 1-26.
Source:
SL 1982, ch 274, §5; SL 1986, ch 302, §58; SL 2017, ch 171, §26.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-22 - Renewal of license.

36-9A-22. Renewal of license.
The license of every person licensed under the provisions of this chapter shall be renewed biennially, except as provided in §36-9A-25. The expiration date shall be established by the board.
Source:
SL 1979, ch 256, §15; SL 1982, ch 274, §7; SL 1995, ch 218, §14; SL 2017, ch 171, §27.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-23 - Notice of renewal--Issuance of renewal license.

36-9A-23. Notice of renewal--Issuance of renewal license.
The board shall provide a notice for renewal of license to every license holder at least ninety days prior to the expiration date of the person's license. The license holder shall, before the expiration date, pay the required fee to the board. If the license holder meets the requirements established by the board in rules promulgated pursuant to chapter 1-26 and pays the required fee, the board shall renew the license.
Source:
SL 1979, ch 256, §15; SL 1995, ch 218, §15; SL 2000, ch 193, §1; SL 2017, ch 171, §28.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-24 - Reinstatement of lapsed license.

36-9A-24. Reinstatement of lapsed license.
A license holder who fails to renew the license as provided in §§36-9A-22 and 36-9A-23 may be reinstated upon meeting the terms and conditions prescribed by the board and upon payment of the required fee.
Source:
SL 1979, ch 256, §25; SL 1995, ch 218, §16; SL 2017, ch 171, §29.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-25 - Inactive status.

36-9A-25. Inactive status.
The holder of a current license may file with the board a written application, together with the required fee, requesting inactive status.
Source:
SL 1979, ch 256, §17; SL 1995, ch 218, §17; SL 2017, ch 171, §30.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-26 - Fees.

36-9A-26. Fees.
The board, in rules promulgated pursuant to chapter 1-26, shall establish the following nonrefundable fees within the prescribed limits as follows:
(1)For initial licensure or endorsement from another state, not more than two hundred dollars;
(2)For biennial renewal of license, not more than one hundred fifty dollars;
(3)For reinstatement of a lapsed license, the current renewal fee and not more than one hundred dollars;
(4)For providing a transcript, not more than five dollars;
(5)For effecting a name change upon the records of the license holder, not more than twenty dollars;
(6)For issuing a duplicate license, not more than thirty dollars;
(7)For issuing a temporary permit, not more than fifty dollars;
(8)For placing a license on inactive status, not more than twenty dollars; and
(9)For endorsing to another state, territory, or foreign country, not more than thirty dollars.
Source:
SL 1979, ch 256, §30; SL 1982, ch 274, §8; SL 1995, ch 218, §18; SL 2003, ch 200, §4; SL 2008, ch 191, §22; SL 2017, ch 171, §31.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-29 - Denial, revocation, or suspension of license--Grounds.

36-9A-29. Denial, revocation, or suspension of license--Grounds.
The board may deny, revoke, or suspend any license or application for licensure to practice as a certified nurse practitioner or certified nurse midwife in this state, and may take any other disciplinary or corrective action the board considers appropriate upon proof that the license holder or applicant has:
(1)Committed fraud, deceit, or misrepresentation in procuring or in attempting to procure a license;
(2)Aided or abetted an unlicensed person to practice as a certified nurse practitioner or certified nurse midwife;
(3)Engaged in practice as a certified nurse practitioner or certified nurse midwife under a false or assumed name and failed to register that name pursuant to chapter 37-11, or impersonated another license holder of a like or different name;
(4)Committed an alcohol or drug related act or offense that interferes with the ability to practice safely;
(5)Negligently, willfully, or intentionally acted in a manner inconsistent with the health and safety of persons entrusted to the license holder's care;
(6)Had a license or privilege to practice as a certified nurse practitioner or certified nurse midwife denied, revoked, or suspended or had other disciplinary action taken in another state, territory, or foreign country;
(7)Exercised influence within the nurse-patient relationship for the purpose of engaging a patient in sexual activity or engaging in gross sexual harassment or sexual contact. For the purpose of this subdivision, the patient is presumed incapable of giving free, full, and informed consent to sexual activity or sexual contact with the nurse;
(8)Practiced as a certified nurse practitioner or certified nurse midwife without a valid license;
(9)Engaged in unsafe practices, substandard care, or unprofessional or dishonorable conduct;
(10)Violated any provisions of this chapter or the rules promulgated hereunder; or
(11)Been convicted of a felony. The conviction of a felony means the conviction of any offense which, if committed within the State of South Dakota, would constitute a felony.
Source:
SL 1979, ch 256, §18; SL 1994, ch 299, §2; SL 1995, ch 218, §19; SL 1999, ch 192, §21; SL 2017, ch 171, §34.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-31 - Revocation or suspension of license--Procedure.

36-9A-31. Revocation or suspension of license--Procedure.
Any proceeding relative to the revocation or suspension of a license shall conform to the procedures set forth in chapter 1-26. A license may be revoked or suspended only after a hearing conducted by a hearing examiner appointed by the board or by a majority of members of the board. Any decision to suspend or revoke a license requires a majority vote of the board.
Source:
SL 1979, ch 256, §§21, 22; SL 1995, ch 218, §21; SL 2017, ch 171, §36.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-32 - Physical or mental examination of license holder or applicant.

36-9A-32. Physical or mental examination of license holder or applicant.
The board may take action authorized by §36-9A-29 upon a satisfactory showing that the physical or mental condition of the license holder or applicant is determined by a competent medical examiner to jeopardize or endanger the health of those entrusted to the person's care. The board may demand an examination of the license holder or applicant by a competent medical examiner selected by the board at the license holder's or applicant's expense. If a license holder or applicant fails to submit to the examination, the failure constitutes immediate grounds for suspension of that person's license or denial of licensure.
Source:
SL 1979, ch 256, §19; SL 1995, ch 218, §22; SL 2017, ch 171, §37.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-33 - Appeal of revocation or suspension.

36-9A-33. Appeal of revocation or suspension.
An aggrieved party may appeal pursuant to chapter 1-26.
Source:
SL 1979, ch 256, §24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-34 - Reissuance of revoked or suspended license.

36-9A-34. Reissuance of revoked or suspended license.
A revoked or suspended license may be reissued at the discretion of the board upon a finding of good cause.
Source:
SL 1979, ch 256, §23; SL 1995, ch 218, §23; SL 2017, ch 171, §38.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-35 - Prohibited acts--Violation as misdemeanor.

36-9A-35. Prohibited acts--Violation as misdemeanor.
No person may:
(1)Practice or offer to practice as a certified nurse practitioner or certified nurse midwife without being licensed under this chapter;
(2)Sell or fraudulently obtain or furnish a diploma, license, renewal of license, or any other record necessary to practice under this chapter or aid or abet in such actions;
(3)Practice as a certified nurse practitioner or a certified nurse midwife under cover of any diploma, license, renewal of license, or other record necessary to practice under this chapter that was issued unlawfully or under fraudulent representation;
(4)Use in connection with that person's name a sign, card, device, or other designation tending to imply that the person is a certified nurse practitioner or certified nurse midwife without being licensed under this chapter; or
(5)Practice as a certified nurse practitioner or certified nurse midwife during the time that the person's license has lapsed or has been revoked or suspended.
A violation of this section is a Class 1 misdemeanor.
Source:
SL 1979, ch 256, §26; SL 1994, ch 300, §2; SL 1995, ch 218, §24; SL 2017, ch 171, §39.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-36 - Proof of single act only required.

36-9A-36. Proof of single act only required.
It shall be necessary to prove in any prosecution only a single act prohibited by law, or a single holding out, or a single attempt, without proving a general course of conduct in order to constitute a violation of this chapter.
Source:
SL 1979, ch 256, §28.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-37 - Prosecution of violations.

36-9A-37. Prosecution of violations.
The board may prosecute all persons violating this chapter and may incur the necessary expenses.
Source:
SL 1979, ch 256, §27; SL 2017, ch 171, §40.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-38 - Enjoining violations.

36-9A-38. Enjoining violations.
The board may apply for an injunction in the circuit court for the county of the person's residence to enjoin any person who:
(1)Is unlawfully practicing as a certified nurse practitioner or certified nurse midwife without a license issued by the board;
(2)Is practicing as a certified nurse practitioner or certified nurse midwife under a license that has lapsed or has been suspended or revoked;
(3)Is practicing as a certified nurse practitioner or certified nurse midwife beyond the scope of practice authorized by §36-9A-12 or 36-9A-13; or
(4)Is, by reason of a physical or mental condition, endangering, or threatening to endanger, the health or safety of those entrusted to that person's care as a certified nurse practitioner or certified nurse midwife.
Source:
SL 1979, ch 256, §29; SL 1995, ch 218, §25; SL 2017, ch 171, §41.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-39 - Temporary injunction--Grounds.

36-9A-39. Temporary injunction--Grounds.
Upon the filing of a verified complaint, the court, if satisfied by affidavit or otherwise, that the person is or has been engaging in unlawful or dangerous practice as described in §36-9A-38, may issue a temporary injunction, without notice or bond, enjoining that person from further practice as a certified nurse practitioner or certified nurse midwife.
Source:
SL 1979, ch 256, §29; SL 2017, ch 171, §42.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-40 - Injunction an alternative to criminal proceedings.

36-9A-40. Injunction an alternative to criminal proceedings.
An action for injunction is an alternative to criminal proceedings, and the commencement of one proceeding by the board constitutes an election.
Source:
SL 1979, ch 256, §29; SL 2017, ch 171, §43.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-41 - Promulgation of rules.

36-9A-41. Promulgation of rules.
The board may promulgate rules pursuant to chapter 1-26 pertaining to: licensure and licenses, practice, prescriptive authority, and approval of education programs.
Source:
SL 1979, ch 256, §38; SL 1986, ch 302, §59; SL 1995, ch 218, §26; SL 1999, ch 192, §22; SL 2017, ch 171, §44; SL 2021, ch 168, § 21.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives › Section 36-9A-47 - Practice of certified professional midwife.

36-9A-47. Practice of certified professional midwife.
Nothing in this chapter restricts the right of a certified professional midwife to practice in accordance with chapter 36-9C.
Source:
SL 2017, ch 172, §35.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-1 - Definitions.

36-9C-1. Definitions.
Terms used in this chapter mean:
(1)"Approved program," an educational program of study leading to eligibility for certification as a midwife that is approved or accredited by the midwifery education accreditation council (MEAC);
(2)"Board," the South Dakota Board of Certified Professional Midwives;
(3)"Certified professional midwife" or "CPM," a practitioner licensed and authorized under this chapter to manage and care for the low-risk mother-baby unit in an out-of-hospital setting during pregnancy, labor, delivery, and postpartum periods;
(4)"Client," a woman under the care of a certified professional midwife outside of a hospital;
(5)"Licensed," a written authorization by the board required to practice as a certified professional midwife or certified professional midwife student;
(6)"Low risk," a pregnancy that is anticipated to be problem free based on an assessment of the woman's past medical history and ongoing assessment of the mother-baby unit throughout the pregnancy, labor, delivery, and postpartum care;
(7)"Midwife student," a student enrolled in an approved program and licensed and authorized under this chapter;
(8)"Transporting," transferring, during the course of labor and delivery, the responsibility of providing services to a client from a certified professional midwife to a licensed health care provider.
Source:
SL 2017, ch 172, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-2 - License required to practice as certified professional midwife.

36-9C-2. License required to practice as certified professional midwife.
No person may practice or offer to practice as a certified professional midwife in this state unless the person is currently licensed to practice by the board.
Source:
SL 2017, ch 172, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-3 - Functions exempt from chapter.

36-9C-3. Functions exempt from chapter.
This chapter does not prohibit the performance of the functions of a certified professional midwife if performed:
(1)In an emergency situation;
(2)By a certified nurse midwife licensed pursuant to chapter 36-9A and authorized to practice in this state;
(3)By a physician licensed pursuant to chapter 36-4 and authorized to practice in this state;
(4)By a student midwife licensed pursuant to this chapter and enrolled in an approved program and who is under the direct supervision of a preceptor which could include a physician, a certified nurse midwife, or a certified professional midwife licensed by this state;
(5)By any person exempt pursuant to §36-2-20; or
(6)By a certified professional midwife licensed or authorized to practice in another state or jurisdiction in order to provide education or consultation for a period of not more than seven days.
Source:
SL 2017, ch 172, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-4 - Qualifications for certified professional midwife.

36-9C-4. Qualifications for certified professional midwife.
No person may be licensed to practice as a certified professional midwife unless the person:
(1)Has obtained the certified professional midwife credential;
(2)For licensure of a person who obtains certification after December 31, 2019, has completed an educational program or pathway accredited by MEAC; or
(3)For a person who obtained certification through an educational program or pathway not accredited by MEAC:
(a)If certified before January 1, 2020, through a nonaccredited pathway, has obtained the midwifery bridge certificate issued by the North American Registry of Midwives before applying for licensure in this state; or
(b)Has maintained licensure in a state that does not require an accredited education and has obtained the midwifery bridge certificate regardless of the date of certification before applying for licensure in this state.
Source:
SL 2017, ch 172, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-5 - Practice controlled by Board of Certified Professional Midwives.

36-9C-5. Practice controlled by Board of Certified Professional Midwives.
The practice in this state as a certified professional midwife or certified professional midwife student is subject to the control and regulation of the board established by §36-9C-6. The board may license, supervise the practice, and otherwise discipline any person applying for or practicing as a certified professional midwife or certified professional midwife student.
Source:
SL 2017, ch 172, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-6 - Board of Certified Professional Midwives established.

36-9C-6. Board of Certified Professional Midwives established.
There is hereby established the Board of Certified Professional Midwives within the Department of Health. The board shall submit records, information, and reports in the form and as required by the secretary of health. The board shall report at least annually to the Department of Health.
Source:
SL 2017, ch 172, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-7 - Members of board.

36-9C-7. Members of board.
The Governor shall appoint a board consisting of two certified professional midwives who are licensed and in good standing pursuant to this chapter, one certified nurse midwife who is licensed and in good standing pursuant to chapter 36-9A, one physician with experience in maternity care who is licensed and in good standing pursuant to chapter 36-4, and one public member who has received midwifery care in an out-of-hospital setting.
Source:
SL 2017, ch 172, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-8 - Qualifications of board members--Initial appointments.

36-9C-8. Qualifications of board members--Initial appointments.
Each member of the board shall be a citizen of the United States, a resident of this state for a minimum of two years before appointment to the board, and shall file with the secretary of state an oath of office before beginning the member's term of office. However, until at least five certified professional midwives meet the residency requirement, the Governor may appoint certified professional midwives, who are licensed in this state, who reside in other jurisdictions to serve on the board. Initial appointments to the board may include certified professional midwives who are eligible for licensure under this chapter and who intend to apply for licensure in this state when it is available.
Source:
SL 2017, ch 172, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-9 - Terms of office.

36-9C-9. Terms of office.
The term of office for members of the board is three years and expires on October thirtieth. Each member shall serve until a successor is appointed and qualified. No member may be appointed to more than three consecutive full terms. Appointment of a person to an unexpired term is not considered a full term for this purpose.
At the expiration of a term, or if a vacancy occurs, the Governor shall appoint a new board member. The Governor may stagger terms to enable the board to have different terms expire each year.
Source:
SL 2017, ch 172, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-10 - Removal of member.

36-9C-10. Removal of member.
The Governor may remove any member from the board for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct.
Source:
SL 2017, ch 172, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-11 - Application for licensure--Issuance.

36-9C-11. Application for licensure--Issuance.
An applicant for licensure as a certified professional midwife or certified professional midwife student shall file with the board an application, verified by oath, on a form prescribed by the board and accompanied by the prescribed fee. If the board finds that the applicant satisfies the requirements for licensure in §36-9C-4, passes a background check required by §36-9C-12, and is not otherwise disqualified pursuant to §36-9C-22, the board shall issue the applicant a license to practice as a certified professional midwife or certified professional midwife student.
Source:
SL 2017, ch 172, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-12 - Criminal background check.

36-9C-12. Criminal background check.
Each applicant for licensure as a certified professional midwife or certified professional midwife student in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the board all information obtained as a result of the criminal background check. This information shall be obtained before permanent licensure of the applicant. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation.
Source:
SL 2017, ch 172, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-13 - Practice in out-of-hospital setting.

36-9C-13. Practice in out-of-hospital setting.
For the purposes of this chapter, the practice of a certified professional midwife is the management and care of the low-risk mother-baby unit in an out-of-hospital setting during pregnancy, labor, delivery, and postpartum periods. A certified professional midwife may perform the following scope of practice in an out-of-hospital setting including a licensed birth center:
(1)Initial and ongoing assessment for suitability of midwifery care including assessment of risk;
(2)Prenatal care, including the routine monitoring of vital signs, indicators of fetal development, and ordering of routine prenatal laboratory tests;
(3)Recognizing the limits of knowledge and experience, planning for situations beyond expertise, and consulting with, or referring or transporting clients to other licensed health care providers as appropriate;
(4)Attending and supporting the natural process of labor and birth;
(5)Postpartum care of the mother and an initial assessment and screening of the newborn;
(6)Providing prenatal education, information, and referrals to community resources on childbirth preparation, breastfeeding, exercise, nutrition, parenting, and care of the newborn;
(7)Limited prescriptive authority to administer:
(a)Vitamin K to the baby either orally or through intramuscular injection;
(b)Postpartum antihemorrhagic medication in an emergency situation;
(c)Local anesthetic for repair of a first or second degree perineal laceration;
(d)IV antibiotics for treatment of Group B strep during labor;
(e)Oxygen;
(f)Eye prophylaxis;
(g)RhoGam; and
(8)Preparing and filing of a birth certificate pursuant to §34-25-9.1.
Source:
SL 2017, ch 172, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-14 - Actions excluded from practice of certified professional midwife.

36-9C-14. Actions excluded from practice of certified professional midwife.
For the purposes of this chapter, the practice of a certified professional midwife does not include:
(1)The use of any surgical instrument at a childbirth, except as necessary to sever the umbilical cord or repair a first or second degree perineal laceration;
(2)Prescribing prescription medications including controlled drugs, except as permitted pursuant to subdivision 36-9C-13(7);
(3)The assisting of childbirth by artificial or mechanical means including forceps, vacuum delivery, or cesarean delivery; or
(4)Performing or assisting in an abortion.
Source:
SL 2017, ch 172, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-15 - Duration of license--Renewal.

36-9C-15. Duration of license--Renewal.
The license of a certified professional midwife is valid for two years and is renewable pursuant to §36-9C-16. The board shall provide a notice for renewal to each licensed certified professional midwife at least ninety days before the expiration date of the license or certificate of renewal.
Source:
SL 2017, ch 172, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-16 - Requirements for license renewal.

36-9C-16. Requirements for license renewal.
To renew the license, the license holder shall, before the expiration date, return to the board:
(1)The renewal notice;
(2)Evidence of meeting the re-certification requirements for CPM re-certification by the North American Registry of Midwives;
(3)Evidence that the license holder has a minimum of one hundred forty hours in the preceding twelve-month period, or four hundred eighty hours in the preceding six-year period, of patient care, employment, or volunteer work in midwifery;
(4)An affidavit that the licensee has committed no act of misconduct as set forth by §36-9C-22; and
(5)The prescribed renewal fee.
Upon receipt of the requirements, and if not otherwise disqualified pursuant to §36-9C-22, the board shall issue to the license holder a certificate of license renewal. The certificate of renewal shall indicate the expiration date of the license.
Source:
SL 2017, ch 172, §16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-17 - Reinstatement of lapsed license.

36-9C-17. Reinstatement of lapsed license.
If a licensee fails to maintain active status or secure inactive status, as provided in §36-9C-18, the license shall lapse on the final date of the period for which is was last renewed. A lapsed license may be reinstated by filing a satisfactory explanation for failure to renew, payment of the required fee, and by filing evidence of all requirements established by §36-9C-16.
Source:
SL 2017, ch 172, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-18 - Inactive status.

36-9C-18. Inactive status.
The holder of a current license may file with the board a written application, together with the prescribed fee, requesting inactive status.
Source:
SL 2017, ch 172, §18.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-19 - Fees.

36-9C-19. Fees.
The board shall promulgate by rule, pursuant to chapter 1-26, and shall collect in advance the following nonrefundable fees from each applicant:
(1)For initial licensure or endorsement from another state, not more than one thousand dollars;
(2)For biennial renewal of license, not more than one thousand five hundred dollars;
(3)For reinstatement of a lapsed license, the current renewal fee plus not more than five hundred dollars;
(4)For providing a transcript, not more than twenty-five dollars;
(5)For effecting a name change on the records of the license holder, not more than one hundred dollars;
(6)For issuance of a duplicate license, not more than one hundred fifty dollars;
(7)For placing a license on inactive status, not more than one hundred dollars;
(8)For endorsement to another state, territory, or foreign country, not more than one hundred fifty dollars;
(9)For an initial student license, not more than five hundred dollars; and
(10)For a per birth delivery fee, not more than one hundred dollars per birth.
Source:
SL 2017, ch 172, §19.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-20 - Midwife regulation fund.

36-9C-20. Midwife regulation fund.
There is hereby established the midwife regulation fund. All fees received by the board, and money collected under this chapter, shall be forwarded to the state treasurer before the eleventh day of each month. The state treasurer shall credit the funds to the midwife regulation fund. The funds in the account are hereby continuously appropriated to the board for the purpose of paying the expense of administering and enforcing the provisions of this chapter. The total expenses incurred by the board may not exceed the total amount of funds collected.
Source:
SL 2017, ch 172, §20.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 09C - Certified Professional Midwives › Section 36-9C-21 - Initial minimum balance in midwife regulation account.

36-9C-21. Initial minimum balance in midwife regulation account.
The Governor is not required to appoint members to the board and the board is not required to begin issuing licenses pursuant to this chapter until the balance in the midwife regulation account is greater than twenty thousand dollars.
Source:
SL 2017, ch 172, §21.