Title 36, PROFESSIONS AND OCCUPATIONS

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…

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…

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…

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…

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 …

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.

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 sati…

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 …

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…

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 pre…

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 certific…

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 ho…

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…

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.

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, …

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.

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 f…

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.

The board may deny, revoke, or suspend any license or application for licensure to practice as a certified professional midwife or certified professional midwife student in this state, and may take such other disciplinary or corrective action as the board deems appropriate upon p…

Any proceeding related 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 at a hearing conducted in accordance with chapter 1-26 . Source: SL 2017, ch 172 , § 23.

The board may take action authorized by § 36-9C-23 upon satisfactory showing that the physical or mental condition of the license holder or applicant is determined by a competent medical examiner to be such as to jeopardize or endanger the health of those entrusted to the license…

An aggrieved party may appeal a board decision pursuant to chapter 1-26 . Source: SL 2017, ch 172 , § 25.

A revoked or suspended license may be reissued at the discretion of the board upon a finding of good cause. Source: SL 2017, ch 172 , § 26.

No person may: (1) Practice or offer to practice as a certified professional midwife or certified professional midwife student without being licensed pursuant to this chapter; (2) Sell or fraudulently obtain or furnish a diploma, license, renewal of license, or any other record n…

It is 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 2017, ch 172 , § 28.

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 practicing as a certified professional midwife without a license issued by the board; (2) Is practicing as a certified professional midwife under a…

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 licens…

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 § 36-9C-29 , may issue a temporary injunction, without notice or bond, enjoining that person from …

An action for injunction is an alternative to criminal proceedings, and the commencement of either proceeding by the board constitutes an election. Source: SL 2017, ch 172 , § 31.