Title 36 — PROFESSIONS AND OCCUPATIONS

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…

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…