Title 36 — PROFESSIONS AND OCCUPATIONS

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, c…

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…

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 termin…

36-9-49 Grounds for denial, revocation, or suspension of license or application. 36-9-49.1 Physical or mental condition as ground for denial, revocation or suspension--Examination--Immediate suspension upon failure to submit. 36-9-50

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 applica…

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 lice…

The Governor shall appoint a board of eleven consisting of seven registered nurses, two licensed practical nurses, and two public members. Source: SDC 1939, § 27.0901; SL 1947, ch 123 , § 2; SL 1949, ch 109 , § 2; SL 1955, ch 91 , § 3; SDC Supp 1960, § 27.0903 (1); SL 1967, ch 10…

36-9-51

36-9-51.1 Hearing required for license revocation, suspension, or reissuance. 36-9-51.2 Revocation or suspension proceedings to conform to administrative procedure. 36-9-51.3 Majority of board required to suspend, revoke, or reissue license. 36-9-51.4 Appeal by aggrieved party fr…

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.

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.

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.

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; …

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.

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…

36-9-58.2 Application by institution to provide educational program. 36-9-58.3 Survey of educational program of applicant institution--Interim approval. 36-9-58.4 Denial of approval of educational program. 36-9-59 36-9-59 to 36-9-63. Repealed by SL 1979, ch 255 , §§ 55 to 60. 36-…

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);…

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 ma…

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 , …

Each member of the board shall be a citizen of the United States and a resident of this state for two years before beginning a term of office. Source: SDC 1939, § 27.0901; SL 1947, ch 123 , § 2; SL 1955, ch 91 , § 3; SDC Supp 1960, § 27.0903 (2); SL 1967, ch 101 , § 3 (2); SL 197…

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.

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. 36-9-65. Repealed…

36-9-66 Notice to institution of failure to maintain educational standards. 36-9-67 Withdrawal of board approval on failure to correct deficiencies. 36-9-67.1 Educational programs conducted or sponsored by board. 36-9-68 Prohibited acts--Misdemeanor. 36-9-69 Single act as proof o…

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; SD…

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 in…

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.

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, licen…

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 19…

Each registered nurse member of the board shall be licensed in good standing as a registered nurse in this state, shall be a graduate from an approved program for the preparation of registered nurses, shall have at least five years experience since graduation in the practice of n…

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)…

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 constitu…

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 unlaw…

36-9-76 Nurses' education assistance scholarship. 36-9-77 Funding for education assistance scholarship program. 36-9-78 Qualification criteria for education assistance scholarship. 36-9-79 Number and distribution of scholarships from education assistance program. 36-9-80 Restrict…

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.

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 …

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 es…

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 en…

Each licensed practical nurse member of the board shall be licensed in good standing as a practical nurse in this state, shall be a graduate of an approved program for the preparation of licensed practical nurses, shall have at least five years experience since graduation as a li…

No person may qualify for appointment as a public member if that person serves as a member of any other state licensing board or is engaged for compensation in the provision of health services or the provision of health research, instruction, or insurance. Source: SL 1976, ch 228…

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; an…

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 ov…

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.

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 g…

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 kno…

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…

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 af…

The term of office for each member of the board is three years and expires on October thirtieth. Each member shall serve until a successor has been appointed and qualified. No member may be appointed to more than three consecutive full terms. However, appointment of a person to a…

36-9-10

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 …

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 adm…