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36-9 REGISTERED AND PRACTICAL NURSES
CHAPTER 36-9

REGISTERED AND PRACTICAL NURSES

36-9-1      Definition of terms.
36-9-1.1      Legislative findings, policy and intent.
36-9-2      Evidence of qualification and license or certification required to practice nursing.
36-9-3      Scope of registered nursing practice.
36-9-3.1      Functions performed by nurse anesthetist--Collaboration with physician.
36-9-3.2      Settings in which anesthetic functions performed.
36-9-4      Scope of licensed practical nursing practice.
36-9-4.1      Additional functions after special training of licensed practical nurse.
36-9-5      Appointment and composition of board.
36-9-6      Citizenship and residence requirements of board members--Oath of office.
36-9-7      Professional qualifications of registered nurse members of board.
36-9-8      Education and experience requirements for licensed practical nurse members of board.
36-9-8.1      Qualifications of public members of board.
36-9-9      Terms of office of board members--Appointment.
36-9-9.1      Repealed.
36-9-10      Repealed.
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 secretary--Qualifications.
36-9-13      Repealed.
36-9-14      Duties and compensation of executive secretary.
36-9-15      Delegation of activities to executive secretary.
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, 36-9-20. Repealed.
36-9-21      Promulgation of rules by board.
36-9-22, 36-9-23. Repealed.
36-9-24      Deposit and withdrawal of fees received--Annual accounting--Compensation and expenditures paid from fees.
36-9-25      Balance of fees held by board--Use of fees.
36-9-26      Repealed.
36-9-27      Repealed.
36-9-28      Practices not prohibited by chapter.
36-9-28.1      Repealed.
36-9-29      Board to examine, license, certify and renew licenses and certificates.
36-9-30      Proof of education required of registered nurse.
36-9-30.1      Qualifications of nurse anesthetist.
36-9-31      Examination required for registered nursing license--Issuance of license.
36-9-31.1      Temporary permit for applicant pending examination--Practice under supervision required.
36-9-31.2      Temporary anesthetist permit pending examination results.
36-9-32      Licensing of registered nurse from another state.
36-9-32.1      Temporary permit for applicant holding license from another state.
36-9-32.2      Temporary anesthetist permit to applicant from another state.
36-9-33      Repealed.


36-9-34, 36-9-34.1. Repealed.
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 for practical nursing license.
36-9-38      Examination required for licensed practical nursing license--Issuance of license.
36-9-38.1      Temporary permit for licensed practical nursing pending examination--Practice under supervision required.
36-9-39      Licensing of licensed practical nurse or vocational nurse from out of state.
36-9-39.1      Temporary permit for licensed practical nurse from out of state.
36-9-40      Repealed.
36-9-41      Omitted.
36-9-42      Repealed.
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      Biennial renewal of certificate--Expiration date--Procedure.
36-9-46      Application for inactive status--Fee.
36-9-47      Reinstatement of lapsed license or certificate--Fee.
36-9-47.1      Evidence of current nursing skill required for reinstatement.
36-9-47.2      Issuance of limited license to nurse enrolled in reentry program--Duration--Application for license or renewal certificate on completion of program.
36-9-48      Repealed.
36-9-49      Grounds for denial, revocation, or suspension of license, certification, 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      Repealed.
36-9-51      Repealed.
36-9-51.1      Hearing required for license or certificate revocation, suspension, or reissuance.
36-9-51.2      Disciplinary proceedings to conform to administrative procedure.
36-9-51.3      Majority of entire board required to suspend, revoke, or reissue license or certification.
36-9-51.4      Appeal by aggrieved party from board actions.
36-9-52 to 36-9-56. Repealed.
36-9-57      Reissue of revoked or suspended license or certification.
36-9-58      Approval by board of curricula and educational standards.
36-9-58.1      Repealed.
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 to 36-9-63. Repealed.
36-9-64      Survey of approved programs in state--Report to board.
36-9-64.1      Fee and expenses for survey of educational institution.
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 of violation.
36-9-70      Board to prosecute violations.
36-9-71      Unlicensed practice of nursing as public nuisance.
36-9-72      Application by board for injunction to prevent unlawful practice--Election of remedies--Temporary injunction.
36-9-73, 36-9-74. Omitted.
36-9-75      Repealed.
36-9-76      Nurses' education assistance loan.
36-9-77      Funding for nurses' education assistance loan program.
36-9-78      Qualification criteria for nurses' education assistance loan.
36-9-79      Number and distribution of loans from education assistance program.
36-9-80      Restrictions on distributions from education assistance program.
36-9-81      Promissory note required by recipient of disbursement from education assistance program.
36-9-82      Repayment of loans from education assistance program by employment.
36-9-83      Repayment of loans from education assistance program not repaid by employment.
36-9-84      Definition of durable medical equipment or therapeutic device.
36-9-85      Evidence of qualifications required for license as clinical nurse specialist.
36-9-86      Requirements for license as clinical nurse specialist.
36-9-87      Practice of a licensed clinical nurse specialist.
36-9-88      Title and abbreviation of clinical nurse specialist.
36-9-89      Temporary permit for clinical nurse specialist awaiting exam results.
36-9-90      Temporary permit for out of state licensed clinical nurse specialist applicant--Issuance date and termination date.
36-9-91      Promulgation of rules establishing fees.
36-9-92      Interstate Nurse Licensure Compact.
36-9-93      "Head of nurse licensing board" defined.
36-9-94      Practice privileges--Power of board to limit or revoke.
36-9-95      Nursing workforce center established--Funding.
36-9-96      Powers of nursing workforce center.
36-9-97      Criminal background investigation of applicants and licensees subject to disciplinary investigation--Cooperation required--Fees.


36-9-1 Definition of terms.
     36-9-1.   Definition of terms. Terms as used in this chapter, unless the context otherwise requires, mean:
             (1)      "Approved program," any educational program of study which meets the requirements established by this chapter and by the board for licensure or certification under this chapter;
             (2)      "Board," the South Dakota Board of Nursing;
             (3)      "Certification," written authorization by the board to practice nurse anesthesia;
             (4)      "Certified registered nurse anesthetist," any person authorized under this chapter to practice the nursing specialty of nurse anesthesia as defined in § 36-9-3.1;
             (4A)      "Clinical nurse specialist," any person authorized under this chapter to practice the nursing specialty of a clinical nurse specialist as defined in § 36-9-87;
             (4B)      "Collaboration," communication with a physician licensed under chapter 36-4, prior to care being provided, to set goals and objectives for the client to assure quality and appropriateness of services rendered.
             (5)      "Employment," being employed as a nurse for at least one hundred forty hours in any one calendar year;
             (6)      "Licensed," written authorization by the board to practice either as a registered nurse or a licensed practical nurse;
             (7)      "Licensed practical nurse," any person duly authorized under this chapter to practice practical nursing as defined in § 36-9-4;
             (8)      "Nursing diagnosis," the identification of and discrimination between physical and psychological signs or symptoms essential to the effective execution and management of a nursing regimen;
             (9)      "Public member," any person who is not licensed by the board, but is a user of the services regulated by the board;
             (10)      "Registered nurse," any person authorized under this chapter to practice nursing as defined in § 36-9-3.
     For the purposes of this chapter, words used in the feminine gender include the masculine.

Source: SL 1947, ch 123, § 1; SL 1949, ch 109, § 1; SL 1955, ch 91, § 2; SDC Supp 1960, § 27.0902 (1) to (7); SL 1967, ch 101, § 2 (1), (3) to (6); SDCL §§ 36-9-3 (2), 36-9-4 (2); SL 1976, ch 228, §§ 2, 55; SL 1979, ch 255, § 1; SL 1986, ch 307, §§ 8, 9; SL 1995, ch 217, § 1.


36-9-1.1 Legislative findings, policy and intent.
     36-9-1.1.   Legislative findings, policy and intent. 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 shall be vested in the South Dakota Board of Nursing. The Legislature recognizes that the practice of nursing is continually evolving to include more sophisticated patient-care activities. It intends to provide clear legal authority for functions and procedures which have common acceptance and usage, to recognize the existence of overlapping functions within the practice of nursing and medicine, and to permit additional sharing of functions within organized health care systems which provide for collaboration with other health team members.

Source: SL 1976, ch 228, § 1.


36-9-2 Evidence of qualification and license or certification required to practice nursing.
     36-9-2.   Evidence of qualification and license or certification required to practice nursing. Any person practicing or offering to practice as:
             (1)      A registered nurse;
             (2)      A licensed practical nurse; or
             (3)      A certified registered nurse anesthetist
in this state shall be required to submit evidence to the Board of Nursing that she is qualified to so practice, and shall be licensed or certified as provided in this chapter.

Source: SDC 1939, § 27.0907; SL 1947, ch 123, § 10; SL 1949, ch 109, § 11; SL 1955, ch 91, § 1; SDC Supp 1960, § 27.0901; SL 1967, ch 101, § 1; SL 1976, ch 228, § 3; SL 1979, ch 255, § 2.


36-9-3 Scope of registered nursing practice.
     36-9-3.   Scope of registered nursing practice. As used in this chapter, the practice of nursing by a registered nurse means the:
             (1)      Nursing diagnosis of human responses to actual or potential health problems of individuals or groups, providing preventative, restorative and supportive care, health teaching and counseling, case finding and referral; and
             (2)      Administration, supervision, delegation, evaluation and teaching of health and nursing practice; which require substantial specialized knowledge, judgment and skill based upon the principles of the biological, physiological, behavioral and sociological sciences, and for which the registered nurse bears responsibility and accountability.
     The registered nurse may perform in addition to the foregoing, those acts which require additional education which shall be authorized by the board through its rules.

Source: SL 1947, ch 123, § 1; SL 1955, ch 91, § 2; SDC Supp 1960, § 27.0902 (2), (3); SL 1967, ch 101, § 2 (2) (a); SL 1972, ch 204, § 1; SL 1976, ch 228, § 4; SL 1986, ch 307, § 10.


36-9-3.1 Functions performed by nurse anesthetist--Collaboration with physician.
     36-9-3.1.   Functions performed by nurse anesthetist--Collaboration with physician. A certified registered nurse anesthetist, in addition to performing all those functions within the scope of practice of a registered nurse as provided in this chapter, may perform the following functions in collaboration with a physician licensed pursuant to chapter 36-4, as a member of a physician-directed health care team:
             (1)      Develop an anesthesia care plan;
             (2)      Induce anesthesia;
             (3)      Maintain anesthesia at the required levels;
             (4)      Support life functions during the perioperative period;
             (5)      Recognize and take appropriate action for untoward patient responses during anesthesia;
             (6)      Provide professional observation and management of the patient's emergence from anesthesia during the immediate postoperative period;
             (7)      Conduct postanesthesia visit and assessment when appropriate; and
             (8)      Participate in the life support of the patient for whatever cause.
     For the purposes of this section, the term, collaboration, means the act of communicating pertinent information or consulting with a physician member of the health care team, with each provider contributing their respective expertise to optimize the overall care delivered to the patient.

Source: SL 1979, ch 255, § 3; SL 1999, ch 192, § 10.


36-9-3.2 Settings in which anesthetic functions performed.
     36-9-3.2.   Settings in which anesthetic functions performed. Any certified registered nurse anesthetist may perform the functions of nurse anesthesia only in the following settings:
             (1)      A licensed health care agency either as an employee or as granted privileges by the agency, its medical staff and its governing body; or
             (2)      The office of a physician licensed under chapter 36-4.

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


36-9-4 Scope of licensed practical nursing practice.
     36-9-4.   Scope of licensed practical nursing practice. As used in this chapter, the practice of licensed practical nursing means:
             (1)      The performance of any acts in the care, treatment, or observation of the ill, injured or infirm;
             (2)      Maintenance of health of others and promotion of health care;
             (3)      Assisting with health counseling and teaching; and
             (4)      Applying procedures to safeguard life and health, including the administration of medications and treatments consistent with the practical nurse's education and preparation under the direction of a physician licensed or exempt from licensing pursuant to chapter 36-4, dentist or registered nurse.

Source: SL 1949, ch 109, § 1; SL 1955, ch 91, § 2; SDC Supp 1960, § 27.0902 (4); SL 1967, ch 101, § 2 (2) (b); SL 1972, ch 204, § 2; SL 1976, ch 228, § 5.


36-9-4.1 Additional functions after special training of licensed practical nurse.
     36-9-4.1.   Additional functions after special training of licensed practical nurse. 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 nurse:
             (1)      Perform additional specialized nursing functions; and
             (2)      Assist with teaching, supervision, delegating, and evaluation of health and nursing practices.

Source: SDCL, § 36-9-4 (1) as enacted by SL 1972, ch 204, § 2; SL 1976, ch 228, § 5.


36-9-5 Appointment and composition of board.
     36-9-5.   Appointment and composition of board. The Governor shall appoint a board of eleven consisting of six registered nurses, three 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 101, § 3 (1); SL 1973, ch 2, § 58; SDCL Supp, § 36-9-9.1; SL 1976, ch 228, § 6.


36-9-6 Citizenship and residence requirements of board members--Oath of office.
     36-9-6.   Citizenship and residence requirements of board members--Oath of office. Each member of the board shall be a citizen of the United States, a resident of this state for two years, and shall file with the secretary of state an oath of office before beginning her 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 1976, ch 228, § 7.


36-9-7 Professional qualifications of registered nurse members of board.
     36-9-7.   Professional qualifications of registered nurse members of board. Registered nurse members of the Board of Nursing shall be licensed as registered nurses in this state, shall be graduates from an approved program for the preparation of registered nurses, shall have had at least five years' experience since graduation in the practice of nursing, and shall have been actively engaged in nursing for at least three of the last four years preceding appointment.
     Of the six registered nurse members, two shall be from nursing service or practice and two from nursing education. Of the two registered nurse members from nursing service or practice, at least one shall be a certified registered nurse anesthetist, a certified nurse practitioner, a certified nurse midwife, or a clinical nurse specialist.
     Of the two members from nursing education, one shall be a faculty member or administrator of a practical school of nursing and one shall be a faculty member or an administrator of a professional school of nursing.
     The composition of the registered nurse members of the board shall, as nearly as practicable, reflect the educational backgrounds of registered nurses as a whole in the state; and the members shall possess the expertise necessary to fulfill the statutory responsibilities of the board.

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 1976, ch 228, § 8; SL 1981, ch 277, § 1; SL 1994, ch 297, § 1; SL 1995, ch 217, § 3.


36-9-8 Education and experience requirements for licensed practical nurse members of board.
     36-9-8.   Education and experience requirements for licensed practical nurse members of board. Licensed practical nurse members of the board shall be licensed as practical nurses in this state, shall be graduates of an approved program for the preparation of licensed practical nurses, shall have had at least five years' successful experience as a licensed practical nurse, and shall have been actively engaged in practical nursing for at least three of the last four years preceding appointment.

Source: SL 1955, ch 91, § 3; SDC Supp 1960, § 27.0903 (2); SL 1967, ch 101, § 3 (2); SL 1976, ch 228, § 9.


36-9-8.1 Qualifications of public members of board.
     36-9-8.1.   Qualifications of public members of board. No person may qualify for appointment as a public member if that person or any member of her immediate family is then serving as a member of any other state licensing board or engaged for compensation in the provision of health services or the provision of health research, instruction, or insurance.

Source: SL 1976, ch 228, § 10.


36-9-9 Terms of office of board members--Appointment.
     36-9-9.   Terms of office of board members--Appointment. The term of office for the members of the Board of Nursing 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 an unexpired term is not considered a full term for this purpose.
     At the expiration of a term, or if a vacancy occurs, the Governor shall appoint a new board member. The Governor may stagger terms to enable the board to have different terms expire each year.
     The appointee's term expires on October thirtieth in the third year of appointment.
     Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.

Source: SDC 1939, § 27.0901; SL 1947, ch 123, § 2; SL 1949, ch 109, § 2; SDC Supp 1960, § 27.0903 (1); SL 1967, ch 101, § 3 (1); SL 1976, ch 228, § 11; SL 1981, ch 277, § 2; SL 1986, ch 307, § 12; SL 1994, ch 297, § 2; SL 2005, ch 199, § 21; SL 2012, ch 16, § 16; SL 2013, ch 176, § 10.


36-9-9.1
     36-9-9.1.   Repealed by SL 1976, ch 228, § 57.


36-9-10
     36-9-10.   Repealed by SL 1971, ch 23, § 2.


36-9-11 Removal of board members.
     36-9-11.   Removal of board members. 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.


36-9-11.1 Board continued within Department of Health--Records and reports.
     36-9-11.1.   Board continued within Department of Health--Records and reports. 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 board shall report at least annually.

Source: SL 1973, ch 2, § 56 (m); SL 1979, ch 255, § 6; SL 1986, ch 307, § 13; SL 2003, ch 272, § 39.


36-9-12 Employment of executive secretary--Qualifications.
     36-9-12.   Employment of executive secretary--Qualifications. The board may determine the qualifications, and employ in accordance with chapter 3-6A, a person who is not a member of the board to serve as executive secretary.

Source: SL 1955, ch 91, § 3; SDC Supp 1960, § 27.0903 (3) (1), (4); SL 1967, ch 101, § 3 (3) (1), (4); SDCL, § 36-9-13; SL 1972, ch 204, § 3; SL 1976, ch 228, § 12; revised pursuant to SL 1973, ch 23; SL 1986, ch 307, § 14.


36-9-13
     36-9-13.   Repealed by SL 1976, ch 228, § 57.


36-9-14 Duties and compensation of executive secretary.
     36-9-14.   Duties and compensation of executive secretary. The board may, in conformity with chapter 3-6A, define the duties of, and fix the compensation for, the executive secretary.

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.


36-9-15 Delegation of activities to executive secretary.
     36-9-15.   Delegation of activities to executive secretary. The board may delegate to the executive secretary 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.


36-9-16 Employment of other persons by board.
     36-9-16.   Employment of other persons by board. 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.


36-9-17 Meetings of board--Election of officers.
     36-9-17.   Meetings of board--Election of officers. 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; SDC Supp 1960, § 27.0903 (3); SL 1967, ch 101, § 3 (3); SL 1976, ch 228, § 13.


36-9-18 Quorum of board.
     36-9-18.   Quorum of board. 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); SL 1976, ch 228, § 14; SL 1996, ch 229; SL 2006, ch 197, § 1.


36-9-19
     36-9-19, 36-9-20.   Repealed by SL 1976, ch 228, § 57.


36-9-21 Promulgation of rules by board.
     36-9-21.   Promulgation of rules by board. The Board of Nursing 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 under the supervision of a licensed nurse;
             (5)      Except as otherwise provided in § 36-9-28, the training and supervisory requirements for unlicensed personnel performing delegated nursing functions under the supervision of a licensed nurse;
             (6)      Disciplinary proceedings;
             (7)      Certification of nurse anesthetists;
             (8)      Fees; and
             (9)      Approval of nursing education and clinical enrichment programs.

Source: SL 1947, ch 123, § 4; SL 1949, ch 109, § 4; SL 1955, ch 91, § 3; SDC Supp 1960, § 27.0903 (3) (a); SL 1967, ch 101, § 3 (3) (a); SL 1979, ch 255, § 10; SL 1986, ch 302, § 65; SL 1994, ch 298, § 1.


36-9-22
     36-9-22, 36-9-23.   Repealed by SL 1986, ch 302, §§ 63, 64.


36-9-24 Deposit and withdrawal of fees received--Annual accounting--Compensation and expenditures ...
     36-9-24.   Deposit and withdrawal of fees received--Annual accounting--Compensation and expenditures paid from fees. All fees received by the Board of Nursing, 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 the cost of such examination directly to the organization administering the examination. The funds may be withdrawn by the executive secretary as authorized by the board. A report of all receipts and expenditures of the funds shall be made at the close of each fiscal year to the state auditor and filed in his office. All compensation and expenditures made by the board shall be paid from the fees received under the provisions of 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, § 27.0907; SL 1967, ch 101, § 7; SL 1979, ch 255, § 13; SL 1986, ch 307, § 1.


36-9-25 Balance of fees held by board--Use of fees.
     36-9-25.   Balance of fees held by board--Use of fees. 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, § 27.0907; SL 1967, ch 101, § 7; SL 1976, ch 228, § 15.


36-9-26
     36-9-26.   Repealed by SL 1982, ch 16, § 30.


36-9-27
     36-9-27.   Repealed by SL 1979, ch 255, § 15.


36-9-28 Practices not prohibited by chapter.
     36-9-28.   Practices not prohibited by chapter. 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 program for the preparation of registered nurses or licensed practical nurses;
             (3)      The practice of a legally qualified nurse from another state employed by the United States government and performing her official duty in this state;
             (4)      Gratuitous care of friends or members of the family;
             (5)      Domestic administration of family remedies, or care of the sick by domestic servants, housekeepers, companions or household aides of any type, whether employed regularly or because of an emergency or illness, but who shall not in any way assume to practice nursing as defined in this chapter;
             (6)      The nursing or care of the sick, with or without compensation, when done in connection with the practice of the religious tenets of any church by adherents thereof, so long as they do not engage in the practice of nursing as defined in this chapter;
             (7)      The practice of nursing in this state by a nurse currently licensed in another state or territory whose employment requires her to accompany and care for a patient in South Dakota during one such employment not to exceed three months in length; provided, however, that such person shall not hold herself out to be licensed in this state;
             (8)      The practice of the functions of a certified registered nurse anesthetist by a registered nurse enrolled as a student in an approved program for the preparation of certified registered nurse anesthetists;
             (9)      The practice of nursing in this state by a nurse currently licensed in another state, territory or foreign country who is present in this state to lecture relative to the practice of nursing for a period of not more than five days;
             (10)      The administration of medications, other than by the parenteral route, by staff of community support providers, group homes, and supervised apartments certified or approved by the Department of Human Services, when under the supervision of a licensed registered nurse. The Department of Human Services, in consultation with the South Dakota Board of Nursing, shall promulgate rules pursuant to chapter 1-26 for administration of medications by such staff;
             (11)      The assistance with or performance of bowel and bladder care, other than the insertion or removal of suprapubic and foley catheters, by domestic servants, housekeepers, companions or household aides, at the direction of a person needing such care who resides independently outside of any hospital, nursing or health care facility or other similar institutional setting;
             (12)      The administration of medications, other than by the parenteral route, by staff of community mental health centers, community mental health residential facilities, and community support services programs certified or approved by the Department of Social Services. The administration of medications shall be under the direct or indirect supervision of a registered nurse. The Department of Social Services and the South Dakota Board of Nursing shall promulgate rules pursuant to chapter 1-26 for administration of medications by such staff;
             (13)      The services performed in accordance with § 28-8A-10 by a personal attendant when acting at the direction of a person with a disability;
             (14)      The practice of nursing included in a program of study by a registered nurse enrolled in an approved program for the preparation of a clinical nurse specialist.

Source: SL 1955, ch 91, § 10; SDC Supp 1960, § 27.0910; SL 1967, ch 101, § 10; SL 1976, ch 228, § 17; SL 1977, ch 295, § 1; SL 1979, ch 255, § 16; SL 1981, ch 278; SL 1987, ch 29, § 91; SL 1988, ch 298; SL 1989, ch 21, § 162; SL 1990, ch 303, § 1; SL 1991, ch 306; SL 1993, ch 275, § 1; SL 1994, ch 230, § 3; SL 1994, ch 298, § 2; SL 1995, ch 217, § 4; SL 1998, ch 225, § 1; SL 2009, ch 138, § 8; SL 2011, ch 1 (Ex. Ord. 11-1), § 163, eff. Apr. 12, 2011; SL 2012, ch 14, § 6.


36-9-28.1
     36-9-28.1.   Repealed by SL 1998, ch 225, § 2.


36-9-29 Board to examine, license, certify and renew licenses and certificates.
     36-9-29.   Board to examine, license, certify and renew licenses and certificates. The Board of Nursing may examine, license, and renew the licenses of duly qualified applicants. The board may certify and renew the certification 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.


36-9-30 Proof of education required of registered nurse.
     36-9-30.   Proof of education required of registered nurse. 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 four-year high school course of study or the equivalent thereof as determined by the appropriate educational agency, and has completed an approved program for the preparation of registered nurses.

Source: SDC 1939, § 27.0903; SL 1947, ch 123, § 5; SL 1955, ch 91, § 4; SDC Supp 1960, § 27.0904 (1); SL 1967, ch 101, § 4 (1); SL 1975, ch 234, § 1; SL 1976, ch 228, § 18; SL 1979, ch 255, § 19; SL 1981, ch 279, § 1.


36-9-30.1 Qualifications of nurse anesthetist.
     36-9-30.1.   Qualifications of nurse anesthetist. An applicant for certification as a certified registered nurse anesthetist shall submit to the Board of Nursing written evidence, verified by oath, that said applicant:
             (1)      Is currently licensed by the board as a registered nurse;
             (2)      Has completed an approved program for the preparation of registered nurse anesthetists; and
             (3)      Has passed any examination, written or oral, or both, which the board in its discretion may require.

Source: SL 1979, ch 255, § 20.


36-9-31 Examination required for registered nursing license--Issuance of license.
     36-9-31.   Examination required for registered nursing license--Issuance of license. 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 score as determined by the board and if otherwise qualified under § 36-9-49, the board shall issue to the applicant a license to practice as a registered nurse.

Source: SDC 1939, § 27.0904; SL 1947, ch 123, § 5; SL 1955, ch 91, § 4; SDC Supp 1960, § 27.0904 (2) (a); SL 1967, ch 101, § 4 (2) (a); SL 1976, ch 228, § 19; SL 1979, ch 255, § 21; SL 1986, ch 307, § 18.


36-9-31.1 Temporary permit for applicant pending examination--Practice under supervision required.
     36-9-31.1.   Temporary permit for applicant pending examination--Practice under supervision required. 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. The permit shall become invalid upon notification to the applicant of the results of the first examination. The holder of such temporary permit may practice only under the supervision of a registered nurse.

Source: SL 1967, ch 101, § 4 (2) (b) as added by SL 1969, ch 109; SL 1975, ch 234, § 2; SL 1976, ch 228, § 20; SL 1979, ch 255, § 22; SL 1986, ch 307, § 19.


36-9-31.2 Temporary anesthetist permit pending examination results.
     36-9-31.2.   Temporary anesthetist permit pending examination results. 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 after the temporary permit is issued. The temporary permit shall become invalid upon notification to the applicant of the results of the first examination.

Source: SL 1979, ch 255, § 23; SL 1986, ch 307, § 20.


36-9-32 Licensing of registered nurse from another state.
     36-9-32.   Licensing of registered nurse from another state. Upon application and payment of the required fee, the Board of Nursing 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 board, the applicant meets the qualifications required of registered nurses in this state at the time of original licensure. However, if any applicant for licensure by endorsement has not been employed as a nurse for more than six years, the board may establish reentry standards, by rules promulgated pursuant to chapter 1-26, and may require such written evidence, verified by oath, as may be deemed necessary to determine compliance with such standards.

Source: SDC 1939, § 27.0904; SL 1947, ch 123, § 5; SL 1955, ch 91, § 4; SDC Supp 1960, § 27.0904 (2) (b); SL 1967, ch 101, § 4 (2) (b); SL 1976, ch 228, § 21; SL 1979, ch 255, § 24; SL 1986, ch 307, § 2.


36-9-32.1 Temporary permit for applicant holding license from another state.
     36-9-32.1.   Temporary permit for applicant holding license from another state. 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 not be valid for more than ninety days.

Source: SL 1967, ch 101, § 4 (2) (b) as added by SL 1969, ch 109; SL 1976, ch 228, § 22; SL 1979, ch 255, § 25; SL 1986, ch 307, § 21.


36-9-32.2 Temporary anesthetist permit to applicant from another state.
     36-9-32.2.   Temporary anesthetist permit to applicant from another state. 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 certificate as a certified registered nurse anesthetist while awaiting licensure and certification in this state. This permit shall bear an issuance date and a termination date and may not be valid for more than ninety days.

Source: SL 1979, ch 255, § 26; SL 1986, ch 307, § 22.


36-9-33
     36-9-33.   Repealed by SL 1976, ch 228, § 57.


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.
     36-9-35.   Fees required of registered nurses. The Board of Nursing 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 fee which may be required for a nationally administered examination;
             (2)      For reexamination, not more than the amount then required for licensure by examination;
             (3)      For endorsement to another state, territory, or foreign country, not more than thirty dollars;
             (4)      For initial certified registered nurse anesthetist certification, not more than two hundred dollars;
             (5)      For issuance of any temporary or limited permit, not more than fifty dollars;
             (6)      For biennial renewal of license, not more than one hundred fifty dollars;
             (7)      For reinstatement of a lapsed license or certified registered nurse anesthetist certification, the current renewal fee plus not more than one hundred dollars;
             (8)      For providing a transcript, not more than five dollars;
             (9)      For effecting a name change upon the records of a licensee or certified registered nurse anesthetist certificate holder, not more than twenty dollars;
             (10)      For issuing a duplicate license or certified registered nurse anesthetist certificate, not more than thirty dollars;
             (11)      For biennial renewal of certified registered nurse anesthetist certification, not more than one hundred fifty dollars;
             (12)      For placing a license or certified registered nurse anesthetist certification on inactive status, not more than twenty dollars;
             (13)      For issuance of any limited license, not more than thirty dollars.

Source: SDC 1939, § 27.0904; SL 1947, ch 123, § 11; SL 1955, ch 91, § 4; SDC Supp 1960, § 27.0904 (3); SL 1967, ch 101, § 4 (3); SL 1974, ch 248, § 1; SL 1976, ch 228, § 52; SL 1979, ch 255, § 28; SL 1981, ch 279, § 2; SL 1986, ch 307, § 3; SL 1988, ch 299; SL 1989, ch 324, § 1; SL 1989, ch 325, § 9; SL 1990, ch 304, § 1; SL 2003, ch 200, § 1; SL 2008, ch 191, § 20.


36-9-36 Title used by licensed registered nurse or certified registered nurse anesthetist.
     36-9-36.   Title used by licensed registered nurse or certified registered nurse anesthetist. A person who holds a license to practice as a registered nurse in this state may use the title registered nurse and the abbreviation "R.N." A person who holds a certificate to practice as a registered nurse anesthetist in this state may use the title certified registered nurse anesthetist and the abbreviation "C.R.N.A."

Source: SDC 1939, § 27.0907; SL 1947, ch 123, § 10; SL 1955, ch 91, § 4; SDC Supp 1960, § 27.0904 (4); SL 1967, ch 101, § 4 (4); SL 1976, ch 228, § 24; SL 1979, ch 255, §§ 29, 30.


36-9-37 Proof of education required for practical nursing license.
     36-9-37.   Proof of education required for practical nursing license. 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 four-year high school course of study or its equivalent as determined by the appropriate educational agency and has completed an approved program or its equivalent for the preparation of licensed practical nurses.

Source: SL 1949, ch 109, § 5; SL 1955, ch 91, § 5; SDC Supp 1960, § 27.0905 (1); SL 1967, ch 101, § 5 (1); SL 1975, ch 234, § 3; SL 1976, ch 228, § 25; SL 1979, ch 255, § 31; SL 1981, ch 279, § 3.


36-9-38 Examination required for licensed practical nursing license--Issuance of license.
     36-9-38.   Examination required for licensed practical nursing license--Issuance of license. 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 score as determined by the board, the board shall issue to the applicant a license to practice as a licensed practical nurse.

Source: SL 1949, ch 109, § 5; SL 1955, ch 91, § 5; SDC Supp 1960, § 27.0905 (2) (a); SL 1967, ch 101, § 5 (2) (a); SL 1976, ch 228, § 26; SL 1979, ch 255, § 32; SL 1986, ch 307, § 25.


36-9-38.1 Temporary permit for licensed practical nursing pending examination--Practice under superv...
     36-9-38.1.   Temporary permit for licensed practical nursing pending examination--Practice under supervision required. 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 the permit is issued. The permit shall become invalid upon notification to the applicant of the results of the first examination. The holder of a temporary permit may practice only under the supervision of a registered nurse.

Source: SL 1974, ch 248, § 3; SL 1975, ch 234, § 4; SL 1976, ch 228, § 27; SL 1979, ch 255, § 33.


36-9-39 Licensing of licensed practical nurse or vocational nurse from out of state.
     36-9-39.   Licensing of licensed practical nurse or vocational nurse from out of state. Upon application and payment of the required fee, the Board of Nursing 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 practical nurse or licensed vocational nurse under the laws of another state, territory or foreign country, if, in the opinion of the board, the applicant meets the qualifications required of licensed practical nurses in this state at the time of original licensure. However, if any applicant for licensure by endorsement has not been employed as a nurse for more than six years, the board may establish reentry standards, by rules promulgated pursuant to chapter 1-26, and may require such written evidence, verified by oath, as may be deemed necessary to determine compliance with such standards.

Source: SL 1949, ch 109, § 7; SL 1955, ch 91, § 5; SDC Supp 1960, § 27.0905 (2) (b); SL 1967, ch 101, § 5 (2) (b); SL 1976, ch 228, § 28; SL 1977, ch 294, § 1; SL 1979, ch 255, § 34; SL 1986, ch 307, § 4.


36-9-39.1 Temporary permit for licensed practical nurse from out of state.
     36-9-39.1.   Temporary permit for licensed practical nurse from out of state. 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 not be valid for more than ninety days.

Source: SL 1974, ch 248, § 4; SL 1976, ch 228, § 29; SL 1979, ch 225, § 35; SL 1986, ch 307, § 26.


36-9-40
     36-9-40.   Repealed by SL 1976, ch 228, § 57.


36-9-41
     36-9-41.   Omitted.


36-9-42
     36-9-42.   Repealed by SL 1986, ch 307, § 27.


36-9-43 Fees required of licensed practical nurses.
     36-9-43.   Fees required of licensed practical nurses. The Board of Nursing 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 of any fee which may be required for a nationally administered examination;
             (2)      For reexamination, not more than the amount then required for licensure by examination;
             (3)      For endorsement to another state, territory, or foreign country, not more than thirty dollars;
             (4)      For issuance of any temporary or limited permit, not more than fifty dollars;
             (5)      For biennial renewal of license, not more than one hundred fifty dollars;
             (6)      For reinstatement of a lapsed license, the current renewal fee plus not more than one hundred dollars;
             (7)      For providing a transcript, not more than five dollars;
             (8)      For effecting a name change upon the records of a licensee, not more than twenty dollars;
             (9)      For issuing a duplicate license, not more than thirty dollars;
             (10)      For placing a license on inactive status, not more than twenty dollars.

Source: SL 1949, ch 109, § 12; SL 1955, ch 91, § 5; SDC Supp 1960, § 27.0905 (3); SL 1967, ch 101, § 5 (3); SL 1974, ch 248, § 2; SL 1976, ch 228, § 53; SL 1979, ch 255, § 36; SL 1981, ch 279, § 4; SL 1989, ch 324, § 2; SL 1989, ch 325, § 10; SL 1990, ch 304, § 2; SL 2003, ch 200, § 2; SL 2008, ch 191, § 21.


36-9-44 Title used by licensed practical nurse.
     36-9-44.   Title used by licensed practical nurse. 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, ch 228, § 31; SL 1979, ch 255, § 37.


36-9-45 Biennial renewal of license--Expiration date--Notice by board--Fee--Period of renewal.
     36-9-45.   Biennial renewal of license--Expiration date--Notice by board--Fee--Period of renewal. The license of any person licensed under the provisions of this chapter shall be renewed biennially, except as provided in § 36-9-46. The expiration date shall be established by the rules of the board pursuant to chapter 1-26. The board shall mail 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 return the required fee to the board before the expiration date. Upon receipt of the fee, the board shall issue to the licensee a certificate of renewal. The renewal shall render the holder thereof a legal practitioner of nursing as designated thereon for the period stated on the renewal certificate. However, if any applicant for renewal of a license has not been employed as a nurse for more than six years, the board may establish reentry standards, by rules promulgated pursuant to chapter 1-26, and may require such written evidence, verified by oath, as may be deemed necessary to determine compliance with such standards.

Source: SDC 1939, § 27.0905; SL 1947, ch 123, § 8; SL 1949, ch 109, § 9; SL 1955, ch 91, § 6; SDC Supp 1960, § 27.0906; SL 1967, ch 101, § 6; SL 1976, ch 228, § 32; SL 1979, ch 255, § 38; SL 1986, ch 307, § 5.


36-9-45.1 Biennial renewal of certificate--Expiration date--Procedure.
     36-9-45.1.   Biennial renewal of certificate--Expiration date--Procedure. The certification of each person certified under the provisions of this chapter shall be renewed biennially, except as provided in § 36-9-46. The expiration date shall coincide with the expiration date of that person's registered nursing license. The procedure to be followed by the board and the applicant for renewal of certification shall be the same as provided in § 36-9-45.

Source: SL 1979, ch 255, § 39; SL 1986, ch 307, § 28.


36-9-46 Application for inactive status--Fee.
     36-9-46.   Application for inactive status--Fee. A licensee or certificate holder at any time the licensee or certification is current may file written application with the Board of Nursing, accompanied by the required fee, requesting inactive status and stating the reasons therefor.

Source: SDC 1939, § 27.0905; SL 1947, ch 123, § 8; SL 1949, ch 109, § 9; SL 1955, ch 91, § 6; SDC Supp 1960, § 27.0906; SL 1967, ch 101, § 6; SDCL, § 36-9-47; SL 1976, ch 228, § 33; SL 1977, ch 294, § 2; SL 1979, ch 255, § 40.


36-9-47 Reinstatement of lapsed license or certificate--Fee.
     36-9-47.   Reinstatement of lapsed license or certificate--Fee. Any licensee or certificate holder who allows her license or certification to lapse by failure to renew the same as provided in §§ 36-9-45 and 36-9-45.1 may be reinstated by the Board of Nursing 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, ch 109, § 9; SL 1955, ch 91, § 6; SDC Supp 1960, § 27.0906; SL 1967, ch 101, § 6; SL 1976, ch 228, § 34; SL 1979, ch 255, § 41.


36-9-47.1 Evidence of current nursing skill required for reinstatement.
     36-9-47.1.   Evidence of current nursing skill required for reinstatement. After a license has been lapsed or inactive for at least six years, the Board of Nursing may require written evidence, verified by oath, of the licensee's successful completion of such reentry requirements as the board may, by rule promulgated pursuant to chapter 1-26, establish. At any time after certification has been lapsed or inactive, the board may require evidence of the certificate holder's current nursing knowledge and skill before reinstating the certificate holder to the status of active practice.

Source: SL 1976, ch 228, § 35; SL 1979, ch 255, § 42; SL 1981, ch 279, § 5; SL 1986, ch 307, § 6.


36-9-47.2 Issuance of limited license to nurse enrolled in reentry program--Duration--Application fo...
     36-9-47.2.   Issuance of limited license to nurse enrolled in reentry program--Duration--Application for license or renewal certificate on completion of program. Upon application and payment of the required fee, the Board of Nursing 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 termination date and may not be valid for more than ninety days. Upon successful completion of a reentry program, the nurse may apply for a license or current renewal certificate.

Source: SL 1986, ch 307, § 7.


36-9-48
     36-9-48.   Repealed by SL 1979, ch 255, § 43.


36-9-49 Grounds for denial, revocation, or suspension of license, certification, or application.
     36-9-49.   Grounds for denial, revocation, or suspension of license, certification, or application. In compliance with chapter 1-26, the Board of Nursing may deny an application for licensure or certification or may deny, revoke, or suspend a license or certificate and may take other disciplinary or corrective action it considers appropriate in addition to or in lieu of such an action upon proof that the applicant, licensee, or certificate holder has:
             (1)      Committed fraud, deceit, or misrepresentation in procuring or attempting to procure licensure or certification;
             (2)      Been convicted of a felony. The conviction of a felony means the conviction of any offense which, if committed within the State of South Dakota, would constitute a felony under its laws;
             (3)      Engaged in the practice of nursing under a false or incorrect name or under a fictitious or assumed business name which has not been registered pursuant to chapter 37-11 or impersonated another licensee or certificate holder of a like or different name;
             (4)      Become addicted to the habitual use of intoxicating liquors or controlled drugs as defined by chapter 34-20B to such an extent as to result in incapacitation from the performance of professional duties;
             (5)      Negligently, willfully, or intentionally acted in a manner inconsistent with the health or safety of persons entrusted to his or her care;
             (6)      Had a license, certificate, or privilege to practice as a registered nurse, licensed practical nurse, certified registered nurse anesthetist, or clinical nurse specialist denied, revoked, or suspended or had other disciplinary action taken in another state, territory, or foreign country;
             (7)      Violated any provisions of this chapter or the rules promulgated under it;
             (8)      Aided or abetted an unlicensed or uncertified person to practice nursing;
             (9)      Engaged in the practice of nursing during a time his or her license or certificate is lapsed, on inactive status, suspended, or revoked;
             (10)      Been guilty of incompetence or unprofessional or dishonorable conduct;
             (11)      Exercised influence within the nurse-patient relationship for the purpose of engaging a patient in sexual activity. For the purpose of this subdivision, the patient is presumed incapable of giving free, full, and informed consent to sexual activity with the nurse; or
             (12)      Engaged in gross sexual harassment or sexual contact.

Source: SDC 1939, § 27.0906; SL 1947, ch 123, § 9; SL 1949, ch 109, § 10; SL 1955, ch 91, §§ 6, 9; SDC Supp 1960, §§ 27.0906, 27.0909 (1), (2); SL 1967, ch 101, §§ 6, 9 (1), (2); SDCL, §§ 36-9-48, 36-9-51; SL 1976, ch 228, §§ 36 to 38; SL 1979, ch 255, § 44; SL 1993, ch 276, § 1; SL 1994, ch 299, § 1; SL 1995, ch 217, § 5; SL 2000, ch 192, § 5; SL 2005, ch 199, § 22.


36-9-49.1 Physical or mental condition as ground for denial, revocation or suspension--Examination--...
     36-9-49.1.   Physical or mental condition as ground for denial, revocation or suspension--Examination--Immediate suspension upon failure to submit. 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, certificate holder or applicant endangers the health or safety of those persons who are or will be entrusted to her care. A majority of the board may demand an examination of the licensee, certificate holder or applicant by a competent medical or psychological examiner selected by the board at the board's expense. If the licensee, certificate holder or applicant fails to submit to the examination, the board may immediately suspend her license or certification or deny her application.

Source: SDCL, § 36-9-49 (7) as added by SL 1976, ch 228, § 37; SL 1979, ch 255, § 45; SL 1986, ch 307, § 29; SL 1993, ch 276, § 2.


36-9-50
     36-9-50.   Repealed by SL 1976, ch 228, § 57.


36-9-51
     36-9-51.   Repealed by SL 1979, ch 255, § 46.


36-9-51.1 Hearing required for license or certificate revocation, suspension, or reissuance.
     36-9-51.1.   Hearing required for license or certificate revocation, suspension, or reissuance. Any license or certification 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.


36-9-51.2 Disciplinary proceedings to conform to administrative procedure.
     36-9-51.2.   Disciplinary proceedings to conform to administrative procedure. Any proceeding relative to the revocation or suspension of a license or certification shall otherwise conform to the procedure set forth in chapter 1-26.

Source: SL 1976, ch 228, § 40; SL 1979, ch 255, § 48.


36-9-51.3 Majority of entire board required to suspend, revoke, or reissue license or certification....
     36-9-51.3.   Majority of entire board required to suspend, revoke, or reissue license or certification. Any decision of the board to suspend, revoke, or reissue a license or certification requires a majority vote of the board membership.

Source: SL 1976, ch 228, § 41; SL 1979, ch 255, § 49; SL 1986, ch 307, § 31.


36-9-51.4 Appeal by aggrieved party from board actions.
     36-9-51.4.   Appeal by aggrieved party from board actions. 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 or certification may appeal pursuant to chapter 1-26.

Source: SL 1976, ch 228, § 42; SL 1979, ch 255, § 50; SL 1986, ch 307, § 32.


36-9-52
     36-9-52 to 36-9-56.   Repealed by SL 1976, ch 228, § 57.


36-9-57 Reissue of revoked or suspended license or certification.
     36-9-57.   Reissue of revoked or suspended license or certification. Any revoked or suspended license or certification 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.


36-9-58 Approval by board of curricula and educational standards.
     36-9-58.   Approval by board of curricula and educational standards. The board may approve curricula and standards for educational programs preparing persons for licensure and certification 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; SL 1972, ch 204, § 4; SL 1976, ch 228, § 43; SL 1980, ch 255; SL 1986, ch 307, § 34.


36-9-58.1
     36-9-58.1.   Repealed by SL 1976, ch 228, § 57.


36-9-58.2 Application by institution to provide educational program.
     36-9-58.2.   Application by institution to provide educational program. 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); SDCL, § 36-9-62; SL 1976, ch 228, § 45; SL 1979, ch 255, § 52.


36-9-58.3 Survey of educational program of applicant institution--Interim approval.
     36-9-58.3.   Survey of educational program of applicant institution--Interim approval. 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 made following graduation of the first class.

Source: SL 1947, ch 123, § 3; SL 1949, ch 109, § 3; SL 1955, ch 91, § 3; SDC Supp 1960, § 27.0903 (3) (c), (d); SL 1967, ch 101, § 3 (3) (d); SDCL, §§ 36-9-59, 36-9-60; SL 1976, ch 228, § 44; SL 1979, ch 255, § 53; SL 1986, ch 307, § 35.


36-9-58.4 Denial of approval of educational program.
     36-9-58.4.   Denial of approval of educational program. 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, § 54.


36-9-59
     36-9-59 to 36-9-63.   Repealed by SL 1979, ch 255, §§ 55 to 60.


36-9-64 Survey of approved programs in state--Report to board.
     36-9-64.   Survey of approved programs in state--Report to board. 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.


36-9-64.1 Fee and expenses for survey of educational institution.
     36-9-64.1.   Fee and expenses for survey of educational institution. 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
     36-9-65.   Repealed by SL 1979, ch 255, § 62.


36-9-66 Notice to institution of failure to maintain educational standards.
     36-9-66.   Notice to institution of failure to maintain educational standards. 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; SDC Supp 1960, § 27.0908 (2); SL 1967, ch 101, § 8 (2); SL 1979, ch 255, § 63.


36-9-67 Withdrawal of board approval on failure to correct deficiencies.
     36-9-67.   Withdrawal of board approval on failure to correct deficiencies. 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 institution's program.

Source: SL 1955, ch 91, § 8; SDC Supp 1960, § 27.0908 (2); SL 1967, ch 101, § 8 (2); SL 1976, ch 228, § 48; SL 1979, ch 255, § 64.


36-9-67.1 Educational programs conducted or sponsored by board.
     36-9-67.1.   Educational programs conducted or sponsored by board. 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.


36-9-68 Prohibited acts--Misdemeanor.
     36-9-68.   Prohibited acts--Misdemeanor. No person may:
             (1)      Sell or fraudulently obtain or furnish a diploma, license, certificate, renewal of license or certificate, 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, license, renewal of license or certificate, or other record necessary to practice nursing under this chapter that was illegally or fraudulently obtained or signed or that was issued unlawfully or under fraudulent representation;
             (3)      Practice or offer to practice as a registered nurse, licensed practical nurse, registered nurse anesthetist, or clinical nurse specialist without being licensed or certified under this chapter;
             (4)      Use in connection with the person's name a sign, card, device, or other designation tending to imply that the person is a registered nurse, a licensed practical nurse, a certified registered nurse anesthetist, or a clinical nurse specialist without being licensed or certified under this chapter;
             (5)      Practice nursing as defined in this chapter during any time that the person's license or certificate is lapsed, on inactive status, suspended, or revoked;
             (6)      Conduct a nursing education program for the preparation of registered nurses, licensed practical nurses, certified registered nurse anesthetists, or clinical nurse specialists unless the program has been approved by the Board of Nursing;
             (7)      Otherwise violate any of the provisions of this chapter.
     A violation of this section is a Class 1 misdemeanor.

Source: SDC 1939, §§ 27.0907, 27.9921; SL 1947, ch 123, §§ 10, 12; SL 1949, ch 109, §§ 11, 13; SL 1955, ch 91, §§ 1, 11; SDC Supp 1960, §§ 27.0901, 27.9944, 27.9955; SL 1967, ch 101, §§ 1, 12; SDCL, § 36-9-27; SL 1976, ch 228, §§ 16, 49; SL 1977, ch 190, §§ 157, 158; SL 1979, ch 255, § 67; SL 1994, ch 300, § 1; SL 1995, ch 217, § 6.


36-9-69 Single act as proof of violation.
     36-9-69.   Single act as proof of violation. 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 1960, § 27.9955; SL 1967, ch 101, § 12.


36-9-70 Board to prosecute violations.
     36-9-70.   Board to prosecute violations. 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); SL 1979, ch 255, § 68.


36-9-71 Unlicensed practice of nursing as public nuisance.
     36-9-71.   Unlicensed practice of nursing as public nuisance. 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 constitute a public nuisance.

Source: SL 1955, ch 91, § 12; SDC Supp 1960, § 27.0911; SL 1967, ch 101, § 11; SL 1976, ch 228, § 50.


36-9-72 Application by board for injunction to prevent unlawful practice--Election of remedies--Te...
     36-9-72.   Application by board for injunction to prevent unlawful practice--Election of remedies--Temporary injunction. The Board of Nursing 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 its 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 unlawfully practicing nursing as defined in this chapter without a license or certification issued by the board;
             (2)      Is practicing nursing as defined in this chapter under a license or certification that is lapsed, on inactive status, suspended, or revoked;
             (3)      Is endangering, or threatening to endanger, the health or safety of those entrusted to that person's care in the practice of nursing as defined in this chapter.
     An action for injunction is an alternate to criminal proceedings, and the commencement of one proceeding by the board constitutes an election. 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 above described in this section, may issue a temporary injunction, without notice or bond, enjoining the defendant from further practice as a registered nurse, licensed practical nurse, certified registered nurse anesthetist, or clinical nurse specialist.

Source: SL 1955, ch 91, § 12; SDC Supp 1960, § 27.0911; SL 1967, ch 101, § 11; SL 1976, ch 228, § 51; SL 1979, ch 255, § 69; SL 1995, ch 217, § 7.


36-9-73
     36-9-73, 36-9-74.   Omitted.


36-9-75
     36-9-75.   Repealed by SL 1986, ch 307, § 37.


36-9-76 Nurses' education assistance loan.
     36-9-76.   Nurses' education assistance loan. The South Dakota Board of Nursing may establish a nurses' education assistance loan 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.


36-9-77 Funding for nurses' education assistance loan program.
     36-9-77.   Funding for nurses' education assistance loan program. Funding for the nurses' education assistance loan 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)      By principal and interest payments from scholarship or loan recipients;
             (3)      Donations and bequests from individuals wishing to further the intent of the nurses' education assistance loan program;
             (4)      Additional funds as may from time to time be designated by the board.

Source: SL 1989, ch 325, § 2.


36-9-78 Qualification criteria for nurses' education assistance loan.
     36-9-78.   Qualification criteria for nurses' education assistance loan. To qualify for the nurses' education assistance loan 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 established by the South Dakota Board of Nursing;
             (3)      Be accepted into a board approved nursing education program for licensed practical nurses or registered nurses whether leading to initial licensure or degree enhancement;
             (4)      Have or maintain a satisfactory grade for progression in the nursing education program as determined by the faculty of the institution.

Source: SL 1989, ch 325, § 3.


36-9-79 Number and distribution of loans from education assistance program.
     36-9-79.   Number and distribution of loans from education assistance program. The number and distribution of loans from the nurses' education assistance loan program shall be determined annually by the South Dakota Board of Nursing. However, the total loan amount shall be distributed for registered nurses' basic education and degree enhancement and licensed practical nurses' basic education proportionate to the number of licensees in each category on an annual basis.

Source: SL 1989, ch 325, § 4.


36-9-80 Restrictions on distributions from education assistance program.
     36-9-80.   Restrictions on distributions from education assistance program. Distributions from the nurses' education assistance loan program are subject to the following:
             (1)      The amount of each loan 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;
             (2)      Funds on loan from this program shall be disbursed on an annual basis and shall be disbursed to the institution which the applicant attends and not directly to the loan recipient. The institution may only credit nurses' education assistance loan program funds to the payment of tuition, books, fees, and other direct educational expenses. Room and board may not be considered a direct educational expense.

Source: SL 1989, ch 325, § 5.


36-9-81 Promissory note required by recipient of disbursement from education assistance program.
     36-9-81.   Promissory note required by recipient of disbursement from education assistance program. Before any disbursement is made from the nurses' education assistance loan program, recipients shall be required to sign a promissory note made payable to the South Dakota Board of Nursing for repayment of the loan plus interest charged at the category A rate as established by § 54-3-16.

Source: SL 1989, ch 325, § 6.


36-9-82 Repayment of loans from education assistance program by employment.
     36-9-82.   Repayment of loans from education assistance program by employment. Any loans made from the nurses' education assistance loan program to qualified applicants may be repaid by nursing employment in South Dakota after graduation as follows:
             (1)      Within sixty days after graduation or South Dakota nursing employment, loan recipients desiring this method of repayment shall provide the South Dakota Board of Nursing with the name and address of their South Dakota employer;
             (2)      The loan including accrued interest shall be deemed repaid at the rate of one dollar per hour of South Dakota nursing employment;
             (3)      Employment repayment may only be accomplished when a completed, notarized employment affidavit is received from the nursing employer. Employment affidavits may be submitted by the loan recipients monthly, quarterly or annually. Upon receipt of the notarized employment affidavit the loan recipient shall be given loan repayment credit in accordance with the provisions of this section. Upon payment in full of the loan amount plus accrued interest, the notes shall be cancelled and returned to the loan recipient;
             (4)      If a loan recipient's South Dakota nursing employment is terminated before the complete repayment of the loan amount plus accrued interest, the loan recipient shall immediately contact the South Dakota Board of Nursing and establish a repayment program for the remaining balance of the loan amount plus accrued interest in accordance with the provisions of § 36-9-83.

Source: SL 1989, ch 325, § 7.


36-9-83 Repayment of loans from education assistance program not repaid by employment.
     36-9-83.   Repayment of loans from education assistance program not repaid by employment. All loans awarded from the nurses' education assistance loan program shall meet the following repayment requirements if repayment by employment is not elected or accomplished:
             (1)      Payments shall begin within sixty days after graduation or withdrawal from the nursing education program unless such period is extended by the South Dakota Board of Nursing;
             (2)      Payments of at least one-sixtieth of the deferred principal amount of the loan plus accrued interest shall be made to the South Dakota Board of Nursing by the fifth day of each month until the note including accrued interest is satisfied;
             (3)      The South Dakota Board of Nursing has the right to use any legal method for collection of delinquent accounts including the right to refer the account to a commercial collection agency.

Source: SL 1989, ch 325, § 8.


36-9-84 Definition of durable medical equipment or therapeutic device.
     36-9-84.   Definition of durable medical equipment or therapeutic device. 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 overall plan of care.

Source: SL 1995, ch 217, § 2.


36-9-85 Evidence of qualifications required for license as clinical nurse specialist.
     36-9-85.   Evidence of qualifications required for license as clinical nurse specialist. 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.


36-9-86 Requirements for license as clinical nurse specialist.
     36-9-86.   Requirements for license as clinical nurse specialist. An applicant for licensure as a clinical nurse specialist shall submit to the Board of Nursing written evidence, verified by oath, that the applicant:
             (1)      Is currently licensed by the board as a registered nurse;
             (2)      Holds a masters degree in nursing by completion of an approved program; and
             (3)      Has completed an examination approved by the board.
     Any person licensed pursuant to §§ 36-9-85 to 36-9-91, inclusive, prior to July 1, 1996, is exempt from subdivision (3) of this section. The Board of Nursing may adopt rules pursuant to chapter 1-26 regarding the application and examination process for licensure as a clinical nurse specialist.

Source: SL 1995, ch 217, § 9.


36-9-87 Practice of a licensed clinical nurse specialist.
     36-9-87.   Practice of a licensed clinical nurse specialist. 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 knowledge, judgment, and skills beyond that required of a registered nurse licensed under this chapter, means to:
             (1)      Provide advanced nursing assessment, nursing interventions, and nursing care management in a clinical specialty area in a variety of settings, by integrating the areas of education, research, consultation, and leadership into their clinical role;
             (2)      Utilize advanced nursing skills and knowledge to coordinate and manage highly complex nursing care problems across settings, across disciplines and agencies, and throughout the life span in a clinical specialty area; and
             (3)      In collaboration with a licensed physician, prior to care being provided, order and dispense durable medical equipment or therapeutic devices or refer clients to qualified licensed providers under Title 36.
     Nothing in this section would preclude the retail sale or rental of durable medical equipment as defined in subdivision 10-45-1(7), or would prevent or restrict the practice, service, or activity of a person licensed in this state by any other law from engaging in the profession or occupation for which that person is licensed if that person is performing services within an authorized scope of practice.

Source: SL 1995, ch 217, § 10.


36-9-88 Title and abbreviation of clinical nurse specialist.
     36-9-88.   Title and abbreviation of clinical nurse specialist. 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 C.N.S.

Source: SL 1995, ch 217, § 11.


36-9-89 Temporary permit for clinical nurse specialist awaiting exam results.
     36-9-89.   Temporary permit for clinical nurse specialist awaiting exam results. 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 after the permit is issued. The temporary permit shall become invalid upon notification to the applicant of the results of the first examination.

Source: SL 1995, ch 217, § 12.


36-9-90 Temporary permit for out of state licensed clinical nurse specialist applicant--Issuance d...
     36-9-90.   Temporary permit for out of state licensed clinical nurse specialist applicant--Issuance date and termination date. 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 permit shall bear an issuance date and a termination date and may not be valid for more than ninety days.

Source: SL 1995, ch 217, § 13.


36-9-91 Promulgation of rules establishing fees.
     36-9-91.   Promulgation of rules establishing fees. The Board of Nursing 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 administered examination;
             (2)      For endorsement to another state, territory, or foreign country, not more than thirty dollars;
             (3)      For issuance of a temporary permit, not more than fifty dollars;
             (4)      For biennial renewal of license, not more than one hundred fifty dollars;
             (5)      For reinstatement of a lapsed license, the current renewal fee plus not more than one hundred dollars;
             (6)      For providing a transcript, not more than five dollars;
             (7)      For issuing a duplicate license, not more than thirty dollars;
             (8)      For placing a license on inactive status, not more than twenty dollars; and
             (9)      For effecting a name change upon the records of a license, not more than twenty dollars.
     The fees shall be paid in advance and are not refundable.

Source: SL 1995, ch 217, § 14; SL 2003, ch 200, § 3.


36-9-92 Interstate Nurse Licensure Compact.
     36-9-92.   Interstate Nurse Licensure Compact. 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

Findings and Declaration of Purpose

     (a) The party states find that:
             (1)      The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws;
             (2)      Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public;
             (3)      The expanded mobility of nurses and the use of advanced communication technologies as part of our nation's health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation;
             (4)      New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex; and
             (5)      The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant to both nurses and states.
     (b) The general purposes of this Compact are to:
             (1)      Facilitate the states' responsibility to protect the public's health and safety;
             (2)      Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation;
             (3)      Facilitate the exchange of information between party states in the areas of nurse regulation, investigation, and adverse actions;
             (4)      Promote compliance with the laws governing the practice of nursing in each jurisdiction; and
             (5)      Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses.
ARTICLE II

Definitions

     Terms used in this Compact mean:
             (a)      "Adverse action," a home or remote state action.
             (b)      "Alternative program,'a voluntary, nondisciplinary monitoring program approved by a nurse licensing board.
             (c)      "Coordinated licensure information system," an integrated process for collecting, storing, and sharing information on nurse licensure and enforcement activities related to nurse licensure laws, which is administered by a nonprofit organization composed of and controlled by state nurse licensing boards.
             (d)      "Current significant investigative information,":
             (1)      Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
             (2)      Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.
             (e)      "Home state," the party state which is the nurse's primary state of residence.
             (f)      "Home state action," any administrative, civil, equitable, or criminal action permitted by the home state's laws which are imposed on a nurse by the home state's licensing board or other authority including actions against an individual's license such as: revocation, suspension, probation, or any other action which affects a nurse's authorization to practice.
             (g)      "Licensing board," a party state's regulatory body responsible for issuing nurse licenses.
             (h)      "Multistate licensure privilege," current, official authority from a remote state permitting the practice of nursing as either a registered nurse or a licensed practical/vocational nurse in such party state. All party states have the authority, in accordance with existing state due process law, to take actions against the nurse's privilege such as: revocation, suspension, probation, or any other action which affects a nurse's authorization to practice.
             (i)      "Nurse," a registered nurse or licensed practical/vocational nurse, as those terms are defined by each party's state practice laws.
             (j)      "Party state," any state that has adopted this Compact.
             (k)      "Remote state," a party state, other than the home state:
             (1)      Where the patient is located at the time nursing care is provided; or
             (2)      In the case of the practice of nursing not involving a patient, in such party state where the recipient of nursing practice is located.
             (l)      "Remote state action,":
             (1)      Any administrative, civil, equitable, or criminal action permitted by a remote state's laws which are imposed on a nurse by the remote state's licensing board or other authority including actions against an individual's multistate licensure privilege to practice in the remote state; and
             (2)      Cease and desist and other injunctive or equitable orders issued by remote states or the licensing boards thereof.
             (m)      "State," a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
             (n)      "State practice laws," those individual party's state laws and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. The term, state practice laws, does not include the initial qualifications for licensure or requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.
ARTICLE III

General Provisions and Jurisdiction

     (a) A license to practice registered nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a multistate licensure privilege to practice as a registered nurse in such party state. A license to practice licensed practical/vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a multistate licensure privilege to practice as a licensed practical/vocational nurse in such party state. In order to obtain or retain a license, an applicant must meet the home state's qualifications for licensure and license renewal as well as all other applicable state laws.
     (b) Party states may, in accordance with state due process laws, limit or revoke the multistate licensure privilege of any nurse to practice in their state and may take any other actions under their applicable state laws necessary to protect the health and safety of their citizens. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.
     (c) Every nurse practicing in a party state must comply with the state practice laws of the state in which the patient is located at the time care is rendered. In addition, the practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of a party state. The practice of nursing will subject a nurse to the jurisdiction of the nurse licensing board and the courts, as well as the laws, in that party state.
     (d) This Compact does not affect additional requirements imposed by states for advanced practice registered nursing. However, a multistate licensure privilege to practice registered nursing granted by a party state shall be recognized by other party states as a license to practice registered nursing if one is required by state law as a precondition for qualifying for advanced practice registered nurse authorization.
     (e) Individuals not residing in a party state shall continue to be able to apply for nurse licensure as provided for under the laws of each party state. However, the license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state unless explicitly agreed to by that party state.
ARTICLE IV

Applications for Licensure in a Party State

     (a) Upon application for a license, the licensing board in a party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any restrictions on the multistate licensure privilege, and whether any other adverse action by any state has been taken against the license.
     (b) A nurse in a party state shall hold licensure in only one party state at a time, issued by the home state.
     (c) A nurse who intends to change primary state of residence may apply for licensure in the new home state in advance of such change. However, new licenses will not be issued by a party state until after a nurse provides evidence of change in primary state of residence satisfactory to the new home state's licensing board.
     (d) When a nurse changes primary state of residence by:
             (1)      Moving between two party states, and obtains a license from the new home state, the license from the former home state is no longer valid;
             (2)      Moving from a nonparty state to a party state, and obtains a license from the new home state, the individual state license issued by the nonparty state is not affected and will remain in full force if so provided by the laws of the nonparty state;
             (3)      Moving from a party state to a nonparty state, the license issued by the prior home state converts to an individual state license, valid only in the former home state, without the multistate licensure privilege to practice in other party states.
ARTICLE V

Adverse Actions

     In addition to the General Provisions described in Article III, the following provisions apply:
             (a)      The licensing board of a remote state shall promptly report to the administrator of the coordinated licensure information system any remote state actions including the factual and legal basis for such action, if known. The licensing board of a remote state shall also promptly report any significant current investigative information yet to result in a remote state action. The administrator of the coordinated licensure information system shall promptly notify the home state of any such reports.
             (b)      The licensing board of a party state shall have the authority to complete any pending investigations for a nurse who changes primary state of residence during the course of such investigations. It shall also have the authority to take appropriate action, and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.
             (c)      A remote state may take adverse action affecting the multistate licensure privilege to practice within that party state. However, only the home state shall have the power to impose adverse action against the license issued by the home state.
             (d)      For purposes of imposing adverse action, the licensing board of the home state shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, it shall apply its own state laws to determine appropriate action.
             (e)      The home state may take adverse action based on the factual findings of the remote state, so long as each state follows its own procedures for imposing such adverse action.
             (f)      Nothing in this Compact shall override a party state's decision that participation in an alternative program may be used in lieu of licensure action and that such participation shall remain non-public if required by the party state's laws. Party states must require nurses who enter any alternative programs to agree not to practice in any other party state during the term of the alternative program without prior authorization from such other party state.
ARTICLE VI

Additional Authorities Invested in Party State Nurse Licensing Boards

     Notwithstanding any other powers, party state nurse licensing boards shall have the authority to:
             (a)      If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse;
             (b)      Issue subpoenas for both hearings and investigations which require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a nurse licensing board in a party state for the attendance and testimony of witnesses, and/r the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/r evidence are located.
             (c)      Issue cease and desist orders to limit or revoke a nurse's authority to practice in their state;
             (d)      Promulgate uniform rules and regulations as provided for in Article VIII(c).
ARTICLE VII

Coordinated Licensure Information System

     (a) All party states shall participate in a cooperative effort to create a coordinated data base of all licensed registered nurses and licensed practical/vocational nurses. This system will include information on the licensure and disciplinary history of each nurse, as contributed by party states, to assist in the coordination of nurse licensure and enforcement efforts.
     (b) Notwithstanding any other provision of law, all party states' licensing boards shall promptly report adverse actions, actions against multistate licensure privileges, any current significant investigative information yet to result in adverse action, denials of applications, and the reasons for such denials, to the coordinated licensure information system.
     (c) Current significant investigative information shall be transmitted through the coordinated licensure information system only to party state licensing boards.
     (d) Notwithstanding any other provision of law, all party states' licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.
     (e) Any personally identifiable information obtained by a party states' licensing board from the coordinated licensure information system may not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
     (f) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information, shall also be expunged from the coordinated licensure information system.
     (g) The Compact administrators, acting jointly with each other and in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection, and exchange of information under this Compact.
ARTICLE VIII

Compact Administration and Interchange of Information

     (a) The head of the nurse licensing board, or his or her designee, of each party state shall be the administrator of this Compact for his or her state.
     (b) The Compact administrator of each party state shall furnish to the Compact administrator of each other party state any information and documents including, but not limited to, a uniform data set of investigations, identifying information, licensure data, and disclosable alternative program participation information to facilitate the administration of this Compact.
     (c) Compact administrators shall have the authority to develop uniform rules to facilitate and coordinate implementation of this Compact. These uniform rules shall be adopted by party states, under the authority invested under Article VI(d).
ARTICLE IX

Immunity

     No party state or the officers or employees or agents of a party state's nurse licensing board who acts in accordance with the provisions of this Compact is liable on account of any act or omission in good faith while engaged in the performance of their duties under this Compact. Good faith in this article does not include willful misconduct, gross negligence, or recklessness.
ARTICLE X

Entry into Force, Withdrawal, and Amendment

     (a) This Compact shall enter into force and become effective as to any state when it has been enacted into the laws of that state. Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six months after the withdrawing state has given notice of the withdrawal to the executive heads of all other party states.
     (b) No withdrawal affects the validity or applicability by the licensing boards of states remaining party to the Compact of any report of adverse action occurring prior to the withdrawal.
     (c) Nothing contained in this Compact may be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with the other provisions of this Compact.
     (d) This Compact may be amended by the party states. No amendment to this Compact becomes effective and binding upon the party states unless and until it is enacted into the laws of all party states.
ARTICLE XI

Construction and Severability

     (a) This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance may not be affected thereby. If this Compact is held contrary to the constitution of any state party thereto, the Compact remains in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
     (b) In the event party states find a need for settling disputes arising under this Compact:
             (1)      The party states may submit the issues in dispute to an arbitration panel which will be comprised of an individual appointed by the Compact administrator in the home state; an individual appointed by the Compact administrator in the remote state or states involved; and an individual mutually agreed upon by the Compact administrators of all the party states involved in the dispute; and
             (2)      The decision of a majority of the arbitrators shall be final and binding.

Source: SL 2000, ch 192, § 1.


36-9-93 "Head of nurse licensing board" defined.
     36-9-93.   "Head of nurse licensing board" defined. 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.


36-9-94 Practice privileges--Power of board to limit or revoke.
     36-9-94.   Practice privileges--Power of board to limit or revoke. 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.


36-9-95 Nursing workforce center established--Funding.
     36-9-95.   Nursing workforce center established--Funding. 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. Donations and bequests from persons to further the intent of the nursing workforce center or additional funds designated by the board may also be accepted and placed in the restricted fund.

Source: SL 2002, ch 178, § 1.


36-9-96 Powers of nursing workforce center.
     36-9-96.   Powers of nursing workforce center. 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, demand, and need for nurses in the state;
             (2)      Convene representatives of nurses, health care providers, consumers, educators, government officials, and other individuals in business and industry to review and comment on data analysis; make recommendations for strategic action; and evaluate effectiveness of actions implemented;
             (3)      Provide electronic access to comprehensive information and research conducted by the nursing workforce center;
             (4)      Evaluate the effectiveness of nursing education articulation and support for nursing education mobility;
             (5)      Promote strategies to improve nursing workplace environments and promote nursing leadership development; and
             (6)      Evaluate the effectiveness of state initiatives implemented to address nursing workforce capacities and requirements.

Source: SL 2002, ch 178, § 2.


36-9-97 Criminal background investigation of applicants and licensees subject to disciplinary inve...
     36-9-97.   Criminal background investigation of applicants and licensees subject to disciplinary investigation--Cooperation required--Fees. 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 Criminal Investigation and the Federal Bureau of Investigation. Upon application, the Board of Nursing shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the board all information obtained as a result of the criminal background check. This information shall be obtained prior to permanent licensure of the applicant. The Board of Nursing may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the board. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation.

Source: SL 2006, ch 198, § 1.


Title 36

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