Title 36 — PROFESSIONS AND OCCUPATIONS

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 Repealed…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…

Jan 19, 2018.

The head of the nurse licensing board as used to define the compact administrator in Article VIII(a) means the executive secretary of the Board of Nursing. Source: SL 2000, ch 192 , § 2.

The Board of Nursing may limit, revoke, or take other action against a person's practice privilege in this state if disciplinary action has been taken on the person's practice privilege granted by another party state. Source: SL 2000, ch 192 , § 3.

The Board of Nursing shall establish a nursing workforce center. The board shall charge a fee of ten dollars upon the biennial renewal of each registered nurse and practical nurse license in addition to the license renewal fee for the funding of the nursing workforce center. Dona…

The nursing workforce center may address issues regarding the supply, demand, and need for nurses, including issues of recruitment, retention, educational preparation, and utilization of nurses. In addition, the nursing workforce center may: (1) Maintain a database on the supply,…

Each applicant for licensure as a registered nurse, licensed practical nurse, certified registered nurse anesthetist, or clinical nurse specialist in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of…

The Nurse Licensure Compact is enacted into law and entered into with all other jurisdictions that legally join the compact, which is substantially as follows: ARTICLE I Finding and Declaration of Purpose (a) The party states find that: (1) The health and safety of the public are…

No state general funds shall be used to support the Nurse Licensure Compact. Source: SL 2016, ch 194 , § 43.

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