Title 36 — PROFESSIONS AND OCCUPATIONS

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…

36-9A-11 Title used by certified nurse practitioner and certified nurse midwife. 36-9A-12 Scope of certified nurse practitioner practice. 36-9A-13 Scope of certified nurse midwife practice. 36-9A-13.1 Collaboration with other health care providers. 36-9A-14 Practice of pharmacy p…

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 …

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 asse…

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…

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.

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. 36-9A-15. Repealed by SL 2017, ch 171 , § 19. 36-9A-16. Repealed by SL 1999…

36-9A-16

36-9A-17 36-9A-17 , 36-9A-17 .1. Repealed by SL 2017, ch 171 , §§ 20, 21. 36-9A-17.2 Performance of abortions not authorized. 36-9A-17.3

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. 36-9A-17.3. Repealed by SL 2017, ch 171 , § 23. 36-9A-18. Repealed by SL 1995, ch 218 , § 13.

36-9A-18

36-9A-19 Hospital services--Rules and regulations. 36-9A-20

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 relate…

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.

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 p…

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…

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 issuanc…

36-9A-21

36-9A-21.1 Curricula and standards for educational programs. 36-9A-22 Renewal of license. 36-9A-23 Notice of renewal--Issuance of renewal license. 36-9A-24 Reinstatement of lapsed license. 36-9A-25 Inactive status. 36-9A-26 Fees. 36-9A-27 36-9A-27 , 36-9A-28. Repealed by SL 2017,…

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…

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

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 requ…

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 , …

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.

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…

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 lic…

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 gov…

36-9A-31 Revocation or suspension of license--Procedure. 36-9A-32 Physical or mental examination of license holder or applicant. 36-9A-33 Appeal of revocation or suspension. 36-9A-34 Reissuance of revoked or suspended license. 36-9A-35 Prohibited acts--Violation as misdemeanor. 3…

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 bo…

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 …

An aggrieved party may appeal pursuant to chapter 1-26 . Source: SL 1979, ch 256 , § 24.

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.

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 un…

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.

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.

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 ce…

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 …

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 …

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.

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…

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.

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 a…

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…

36-9A-7 Inspection of premises by board--Refusal as misdemeanor. 36-9A-8

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 inspect…

36-9A-9 Filing of application for licensure--Form--Fee--Issuance of license. 36-9A-9.1 Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees . 36-9A-10

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 requi…

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 Investi…