Title 36 — PROFESSIONS AND OCCUPATIONS

Terms as used in this chapter, unless the context otherwise requires, mean: (1) "Advanced comprehensive nursing assessment," collection, analysis, and synthesis of data performed by the certified registered nurse anesthetist used to establish a health status baseline, nursing dia…

The Legislature hereby declares it to be the responsibility of this state to safeguard life, health and the public welfare; and to protect citizens from unauthorized, unqualified and improper application of nursing education programs and nursing practices. Regulatory authority sh…

36-9-11 Removal of board members. 36-9-11.1 Board continued within Department of Health--Records and reports. 36-9-12 Employment of executive director--Qualifications. 36-9-13

The Governor may remove any member from the Board of Nursing for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct. Source: SL 1955, ch 91 , § 3; SDC Supp 1960, § 27.0903 (1); SL 1967, ch 101 , § 3 (1); SL 1979, ch 255 , § 5.

The Board of Nursing is continued within the Department of Health and retains all its prescribed functions, including administrative functions. The board shall submit such records, information and reports in the form and at such times as required by the secretary of health. The b…

The board may determine the qualifications, and employ in accordance with chapter 3-6D , a person who is not a member of the board to serve as executive director. Source: SL 1955, ch 91 , § 3; SDC Supp 1960, § 27.0903 (3) (1), (4); SL 1967, ch 101 , § 3 (3) (1), (4); SDCL § 36-9-…

36-9-14 Duties and compensation of executive director. 36-9-15 Delegation of activities to executive director. 36-9-16 Employment of other persons by board. 36-9-17 Meetings of board--Election of officers. 36-9-18 Quorum of board. 36-9-19 36-9-19 , 36-9-20. Repealed by SL 1976, c…

The board may, in conformity with chapter 3-6D , define the duties of, and fix the compensation for, the executive director. Source: SL 1955, ch 91 , § 3; SDC Supp 1960, § 27.0903 (3) (m); SL 1967, ch 101 , § 3 (3) (m); SL 1979, ch 255 , § 7; SL 1986, ch 307 , § 15; SL 2016, ch 1…

The board may delegate to the executive director those activities that will expedite the functions of the board. Source: SL 1955, ch 91 , § 3; SDC Supp 1960, § 27.0903 (3) (o); SL 1967, ch 101 , § 3 (3) (o); SL 1979, ch 255 , § 8; SL 1986, ch 307 , § 16; SL 2016, ch 194 , § 12.

The board may employ such other persons as may be necessary to carry on the work of the board. Source: SL 1955, ch 91 , § 3; SDC Supp 1960, § 27.0903 (3) (n); SL 1967, ch 101 , § 3 (3) (n); SL 1979, ch 255 , § 9; SL 1986, ch 307 , § 17.

The board shall meet annually and as often as may be deemed necessary to transact its business. It shall elect from its members a president and a vice - president and may elect a secretary and treasurer. Source: SDC 1939, § 27.0901; SL 1947, ch 123 , § 3; SL 1955, ch 91 , § 3; SD…

A quorum of the board for the purpose of conducting business is a majority of the members appointed. The quorum shall include at least one officer. Source: SL 1947, ch 123 , § 2; SL 1949, ch 109 , § 3; SL 1955, ch 91 , § 3; SDC Supp 1960, § 27.0903 (3); SL 1967, ch 101 , § 3 (3);…

Any person practicing or offering to practice as: (1) A registered nurse; (2) A licensed practical nurse; or (3) An advanced practice registered nurse in this state shall be required to submit evidence to the Board of Nursing that she is qualified to so practice, shall be license…

The board shall promulgate rules pursuant to chapter 1-26 pertaining to: (1) Licensing and licenses; (2) The practice of nursing; (3) Scope of nursing practice; (4) Except as otherwise provided in § 36-9-28 , the delegation of nursing functions to unlicensed assistive personnel u…

All fees received by the board, and money collected under this chapter, shall be deposited in the bank as authorized by the board. However, the board may require any applicant who is taking a nationally administered examination to remit the portion of the licensing fee covering t…

Any balance of fees received by the board after payment of compensation and expenditures shall be held and used by the board only in administering this chapter. Source: SDC 1939, § 27.0902; SL 1947, ch 123 , § 3; SL 1949, ch 109 , § 3; SL 1955, ch 91 , § 7; SDC Supp 1960, § 27.09…

36-9-27

36-9-28 Practices not prohibited by chapter. 36-9-28.1

This chapter does not prohibit: (1) Any nursing assistance in an emergency; (2) The practice of nursing included in a program of study by a student enrolled in an approved prelicensure program for the preparation of registered nurses or licensed practical nurses; (3) The practice…

36-9-29 Board to examine, license, and renew licenses. 36-9-30 Proof of education required--Registered nurse. 36-9-30.1 Qualifications of registered nurse anesthetist. 36-9-31 Examination required for registered nursing license--Issuance of license. 36-9-31.1 Temporary permit for…

The board may examine, license, and renew the licenses of qualified applicants. Source: SL 1955, ch 91 , § 3; SDC Supp 1960, § 27.0903 (3) (f); SL 1967, ch 101 , § 3 (3) (f); SL 1979, ch 255 , §§ 17, 18; SL 2016, ch 194 , § 16.

The practice of a registered nurse includes: (1) Providing comprehensive nursing assessment of health status of patients; (2) Collaborating with the health care team to develop and coordinate an integrated patient-centered health care plan; (3) Developing the comprehensive patien…

In addition to the practice of a registered nurse, as defined in § 36-9-3, and within the certified registered nurse anesthetist role, a certified registered nurse anesthetist may: (1) Conduct an advanced comprehensive nursing assessment; (2) Order and interpret diagnostic proced…

Source: SL 1979, ch 255 , § 4; SL 1986, ch 307 , § 11; SL 2020, ch 169 , § 3.

An applicant for a license to practice as a registered nurse shall submit to the board written evidence, verified by oath, that the applicant has completed an approved program for the preparation of registered nurses. Source: SDC 1939, § 27.0903; SL 1947, ch 123 , § 5; SL 1955, c…

An applicant for licensure as a certified registered nurse anesthetist shall submit to the board written evidence, verified by oath, that the applicant: (1) Is currently licensed or has a privilege to practice in this state as a registered nurse; (2) Has completed an approved pro…

Upon application and payment of the required fee, the applicant for a license to practice as a registered nurse shall pass a written examination approved by the board. Upon achieving the passing standard as determined by the board and if otherwise qualified under § 36-9-49 , the …

Upon application and payment of the required fee, the board may issue a temporary permit to practice as a registered nurse to an applicant who has completed an approved program and is awaiting the results of the first examination she is eligible to take after the permit is issued…

Upon application and payment of the required fee, the board may issue a temporary permit to practice as a certified registered nurse anesthetist to an applicant who has completed an approved program and is awaiting the results of the first examination that she is eligible to take…

Upon application and payment of the required fee, the board may issue a license to practice as a registered nurse by endorsement to an applicant who has been licensed as a registered nurse under the laws of another state, territory, or foreign country, if, in the opinion of the b…

Upon application and payment of the required fee, the board may issue a temporary permit to an applicant holding a current license as a registered nurse from any other state or territory awaiting endorsement. This permit shall bear an issuance date and a termination date and may …

Upon application and payment of the required fee, the Board of Nursing may issue a temporary permit to practice as a registered nurse anesthetist to an applicant from another state holding a current license as a certified registered nurse anesthetist while awaiting licensure in t…

36-9-34 36-9-34 , 36-9-34 .1. Repealed by SL 1986, ch 307 , §§ 23, 24. 36-9-35 Fees required of registered nurses. 36-9-36 Title used by licensed registered nurse or certified registered nurse anesthetist. 36-9-37 Proof of education required--Licensed practical nurse. 36-9-38 Exa…

The board shall promulgate by rule, pursuant to chapter 1-26 , the following nonrefundable registered nurse fees which the board shall collect in advance from applicants: (1) For initial licensure by examination or endorsement, not more than two hundred dollars, exclusive of any …

A person who holds a license to practice as a registered nurse in this state may use the title registered nurse and the abbreviation, RN. A person who holds a license to practice as a certified registered nurse anesthetist in this state may use the title, certified registered nur…

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, …

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 § 36-9-4…

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 th…

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 practi…

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 n…

A licensed practical nurse practices under the supervision of a registered nurse, advanced practice registered nurse, licensed physician, or other health care provider authorized by the state. A licensed practical nurse is guided by nursing standards established or recognized by …

The licensed practical nurse may perform any of the duties described in § 36-9-4 and with appropriate training as approved by the board rules and regulations may, under the direction of a physician licensed or exempt from licensing pursuant to chapter 36-4 , dentist or registered…

36-9-41

36-9-42

36-9-43 Fees required of licensed practical nurses. 36-9-44 Title used by licensed practical nurse. 36-9-45 Biennial renewal of license--Expiration date--Notice by board--Fee--Period of renewal. 36-9-45.1

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…

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, …

The license of any person licensed under the provisions of this chapter shall be renewed biennially, except as provided in §

36-9-46 Application for inactive status--Fee. 36-9-47 Reinstatement of lapsed license. 36-9-47.1 Evidence of completion of reentry requirements. 36-9-47.2 Issuance of limited license to nurse enrolled in reentry program--Application for license or renewal on completion of program…

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 t…