36-9-72 Application by board for injunction to prevent unlawful practice--Election of remedies--Te...
Application by board for injunction to prevent unlawful practice--Election of
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
Is unlawfully practicing nursing as defined in this chapter without a license or certification
issued by the board;
Is practicing nursing as defined in this chapter under a license or certification that is
lapsed, on inactive status, suspended, or revoked;
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.