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Repealed.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Repealed.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Repealed.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 Repealed.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 Repealed.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Repealed.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Repealed.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Repealed.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Repealed.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 Repealed.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 July first. 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. Any member appointed to the board prior to July 1, 2005, shall serve the four-year term to
which the member was originally appointed. Any member appointed to the board after July 1, 2005,
shall serve a three-year term.
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.
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 human
services. The administration of medications shall be under the direct or indirect
supervision of a registered nurse. The Department of Human 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.
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