State of South Dakota

South Dakota Legislature

South Dakota Codified Laws

 
36-9A NURSE PRACTITIONERS AND MIDWIVES
CHAPTER 36-9A

NURSE PRACTITIONERS AND MIDWIVES

36-9A-1      Definition of terms.
36-9A-2      Board license required to practice as nurse practitioner or nurse midwife.
36-9A-2.1      Temporary permit to practice.
36-9A-2.2      License to practice of person licensed under laws of other state.
36-9A-2.3      Temporary permit issued to person licensed under laws of other state.
36-9A-3      Unlicensed practice permitted in certain situations.
36-9A-4      Licensing requirements.
36-9A-5      Joint control by nursing board and medical and osteopathic examiners board.
36-9A-5.1      Board to appoint advisory committee--Terms--Duties.
36-9A-6      Quorum required of boards--Concurrence required for action--Record of proceedings.
36-9A-7      Subpoena and inspection powers of boards.
36-9A-8      Delegation of activities to members or employees.
36-9A-9      Filing of application for licensure--Form--Fee--Issuance of license.
36-9A-9.1      Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees.
36-9A-10      Repealed.
36-9A-11      Titles--Use of.
36-9A-12      Nurse practitioner functions.
36-9A-13      Nurse midwife functions.
36-9A-13.1      Advanced practice nursing functions.
36-9A-14      Practice of pharmacy prohibited.
36-9A-15      "Collaborative agreement" defined.
36-9A-16      Repealed.
36-9A-17      Advanced practice nursing and medical functions--Collaborative agreement required.
36-9A-17.1      Modification of collaboration--Method and frequency.
36-9A-17.2      Collaborative agreement not to include abortion.
36-9A-17.3      Waiver of collaborative agreement requirement.
36-9A-18      Repealed.
36-9A-19      Hospital services--Rules and regulations.
36-9A-20      Practice status altered--New or amended collaborative agreement required.
36-9A-21      Repealed.
36-9A-21.1      List of approved programs.
36-9A-22      Renewal of license.
36-9A-23      Notice of renewal--Issuance of renewal license.
36-9A-24      Reinstatement of lapsed license.
36-9A-25      Inactive status--Request for.
36-9A-26      Fees.
36-9A-27      Deposit of fees--Withdrawal--Report of receipts and expenditures.
36-9A-28      Balance of fees--Use--Deficit shared between boards.
36-9A-29      Revocation or suspension of license--Grounds.
36-9A-30      Revocation or suspension of license--Initiation of proceedings.
36-9A-31      Revocation or suspension of license--Procedure.
36-9A-32      Revocation or suspension of license--Physical or mental condition of holder--Examination.
36-9A-33      Appeal of revocation or suspension.
36-9A-34      Reissuance of revoked or suspended license.
36-9A-35      Prohibited acts.

36-9A-36      Proof of single act only required.
36-9A-37      Prosecution of violations.
36-9A-38      Enjoining violations.
36-9A-39      Temporary injunction--Grounds.
36-9A-40      Injunction an alternative to criminal proceedings.
36-9A-41      Promulgation of rules by boards.
36-9A-42      Locum tenens license.
36-9A-43      Requirements for receiving locum tenens license--Petition.
36-9A-44      Renewal of locum tenens license.
36-9A-45      Post-graduate studies required to renew locum tenens license.
36-9A-46      Application by nurse practitioner or midwife for locum tenens license.

36-9A-1 Definition of terms.
     36-9A-1.   Definition of terms. Terms as used in this chapter mean:
             (1)      "Approved program," an educational program of study which meets the requirements established by this chapter and by the boards for licensure under this chapter;
             (2)      "Boards," the South Dakota Board of Nursing and the South Dakota Board of Medical and Osteopathic Examiners;
             (3)      "License," the written authorization by the boards required to practice the specialties of nurse practitioner or nurse midwife;
             (4)      "Nurse midwife," a provider duly authorized under this chapter to practice the nursing specialty of nurse midwifery as defined in § 36-9A-13;
             (5)      "Nurse practitioner," a provider duly authorized under this chapter to practice the specialty of nurse practitioner as defined in § 36-9A-12;
             (6)      The feminine gender as used in this chapter shall also apply to the masculine and neuter;
             (7)      "Collaboration," the act of communicating pertinent information or consulting with a physician licensed pursuant to chapter 36-4, with each provider contributing their respective expertise to optimize the overall care delivered to the patient.

Source: SL 1979, ch 256, § 1; SL 1995, ch 218, § 1; SL 1999, ch 192, § 11.

36-9A-2 Board license required to practice as nurse practitioner or nurse midwife.
     36-9A-2.   Board license required to practice as nurse practitioner or nurse midwife. No person may practice or offer to practice as a nurse practitioner or nurse midwife in this state unless the person is currently licensed to practice by the boards.

Source: SL 1979, ch 256, § 3; SL 1995, ch 218, § 2.

36-9A-2.1 Temporary permit to practice.
     36-9A-2.1.   Temporary permit to practice. Upon application and payment of the required fee the boards may issue a temporary permit to practice as a nurse practitioner or nurse midwife to an applicant who is waiting for the results of the first examination the applicant is eligible to take after completion of an approved program. An applicant issued a temporary permit under this section shall initially receive thirty days of on-site, direct supervision by a supervising physician. Thereafter, and until expiration of the temporary permit, the supervision shall include two one-half business days per week of on-site personal supervision by a supervising physician. The permit shall become invalid upon notification to the applicant of the results of the first examination.

Source: SL 1982, ch 274, § 1; SL 1995, ch 218, § 3.

36-9A-2.2 License to practice of person licensed under laws of other state.
     36-9A-2.2.   License to practice of person licensed under laws of other state. Upon application and payment of the required fee the boards may issue a license to practice as a nurse practitioner or nurse midwife by endorsement to an applicant who has been licensed as a nurse practitioner or nurse midwife under the laws of another state, territory, or foreign country, if in the opinion of the boards the applicant meets the qualifications required of nurse practitioners or nurse midwives in this state.

Source: SL 1982, ch 274, § 2; SL 1995, ch 218, § 4.

36-9A-2.3 Temporary permit issued to person licensed under laws of other state.
     36-9A-2.3.   Temporary permit issued to person licensed under laws of other state. Upon application and payment of the required fee the boards may issue a temporary permit to an applicant holding a current license as a nurse practitioner or nurse midwife from any other state or territory awaiting endorsement. This permit shall bear an issuance date and a date when it becomes invalid, a period not to exceed one hundred twenty days.

Source: SL 1982, ch 274, § 3; SL 1995, ch 218, § 5.

36-9A-3 Unlicensed practice permitted in certain situations.
     36-9A-3.   Unlicensed practice permitted in certain situations. This chapter does not prohibit the performance of the functions of a nurse practitioner or nurse midwife by an unlicensed person if performed:
             (1)      In an emergency situation;
             (2)      By a legally qualified person from another state employed by the United States government and performing the person's official duties in this state;
             (3)      By a person enrolled in an approved program for the preparation of nurse practitioners or nurse midwives, as a part of that approved program.

Source: SL 1979, ch 256, § 12; SL 1995, ch 218, § 6.

36-9A-4 Licensing requirements.
     36-9A-4.   Licensing requirements. No person may be licensed to practice as a nurse practitioner or nurse midwife unless the person:
             (1)      Is currently licensed by the Board of Nursing as a registered nurse;
             (2)      Has completed an approved program for the preparation of nurse practitioners or nurse midwives; and
             (3)      Has passed any examination, written or oral, or both, which the boards in their discretion may require.

Source: SL 1979, ch 256, § 4; SL 1995, ch 218, § 7; SL 1999, ch 192, § 12.

36-9A-5 Joint control by nursing board and medical and osteopathic examiners board.
     36-9A-5.   Joint control by nursing board and medical and osteopathic examiners board. The practice in this state as a nurse practitioner or nurse midwife shall be subject to the joint control and regulation of the South Dakota Board of Nursing and the South Dakota Board of Medical and Osteopathic Examiners. The joint boards may license, supervise the practice, and revoke or suspend licenses or otherwise discipline any person applying for or practicing as a nurse practitioner or nurse midwife.

Source: SL 1979, ch 256, § 2; SL 1995, ch 218, § 8.

36-9A-5.1 Board to appoint advisory committee--Terms--Duties.
     36-9A-5.1.   Board to appoint advisory committee--Terms--Duties. The Board of Nursing shall appoint an advanced practice nurse advisory committee composed of two certified nurse midwives and four certified nurse practitioners. Committee members shall be selected from a list of nominees by the Board of Nursing. Each committee member shall serve a term of three years. However, the terms of initial appointees shall be staggered so that no more than two members' terms expire in one year. No committee member may be appointed to more than three consecutive terms. If a vacancy occurs, the board shall appoint a person to fill the unexpired term. The appointment of a person to an unexpired term is not considered a full term. The committee shall meet at least annually, or as deemed necessary, to conduct business. The advisory committee shall assist the boards in evaluating standards of advanced practice nursing care and the regulation of nurse practitioners and nurse midwives pursuant to this chapter. The committee shall also make recommendations to the boards regarding rules promulgated pursuant to this chapter.

Source: SL 1999, ch 192, § 23; SL 2005, ch 199, § 23.

36-9A-6 Quorum required of boards--Concurrence required for action--Record of proceedings.
     36-9A-6.   Quorum required of boards--Concurrence required for action--Record of proceedings. A quorum is required of each board in order to transact any business. For the purposes of this chapter, a majority vote of each respective board is required for taking any action, and any action requires the concurrence of both boards. The boards shall keep a record of all of their proceedings relative to this chapter.

Source: SL 1979, ch 256, §§ 2, 33, 35.

36-9A-7 Subpoena and inspection powers of boards.
     36-9A-7.   Subpoena and inspection powers of boards. In administering the provisions of this chapter, the boards shall have those powers granted them by § 36-4-22.1.

Source: SL 1979, ch 256, § 34.

36-9A-8 Delegation of activities to members or employees.
     36-9A-8.   Delegation of activities to members or employees. The boards may delegate to their respective members or employees such activities, not inconsistent with the provisions of this chapter, as will expedite the functions of the boards.

Source: SL 1979, ch 256, § 32.

36-9A-9 Filing of application for licensure--Form--Fee--Issuance of license.
     36-9A-9.   Filing of application for licensure--Form--Fee--Issuance of license. An applicant for licensure as a nurse practitioner or nurse midwife shall file with the boards an application, verified by oath, on a form prescribed by the boards and accompanied by the prescribed fee. If the boards find that the applicant has satisfied all requirements, the boards shall issue to the applicant a license to practice as a nurse practitioner or nurse midwife.

Source: SL 1979, ch 256, § 5; SL 1995, ch 218, § 9.

36-9A-9.1 Criminal background investigation of applicants for licensure and licensees under discipli...
     36-9A-9.1.   Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees. Each applicant for licensure as a certified nurse practitioner or certified nurse midwife in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the boards 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 boards all information obtained as a result of the criminal background check. This information shall be obtained prior to permanent licensure of the applicant. The boards may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the boards. 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 2012, ch 193, § 4.

36-9A-10
     36-9A-10.   Repealed by SL 1995, ch 218, § 10.

36-9A-11 Titles--Use of.
     36-9A-11.   Titles--Use of. A person licensed to practice as a nurse practitioner in this state may use the title "certified nurse practitioner" and the abbreviation "CNP." A person licensed to practice as a nurse midwife in this state may use the title "certified nurse midwife" and the abbreviation "CNM."

Source: SL 1979, ch 256, § 13; SL 1995, ch 218, § 11.

36-9A-12 Nurse practitioner functions.
     36-9A-12.   Nurse practitioner functions. A nurse practitioner may perform the following overlapping scope of advanced practice nursing and medical functions pursuant to § 36-9A-15, including:
             (1)      The initial medical diagnosis and the institution of a plan of therapy or referral;
             (2)      The prescription of medications and provision of drug samples or a limited supply of labeled medications, including controlled drugs or substances listed on Schedule II in chapter 34-20B for one period of not more than thirty days, for treatment of causative factors and symptoms. Medications or sample drugs provided to patients shall be accompanied with written administration instructions and appropriate documentation shall be entered in the patient's medical record;
             (3)      The writing of a chemical or physical restraint order when the patient may do personal harm or harm others;
             (4)      The completion and signing of official documents such as death certificates, birth certificates, and similar documents required by law; and
             (5)      The performance of a physical examination for participation in athletics and the certification that the patient is healthy and able to participate in athletics.

Source: SL 1979, ch 256, § 6; SL 1985, ch 219, § 3; SL 1990, ch 305; SL 1991, ch 198, § 5; SL 1994, ch 293, § 2; SL 1995, ch 213, § 2; SL 1999, ch 192, § 14; SL 2000, ch 188, § 2; SL 2006, ch 195, § 2.

36-9A-13 Nurse midwife functions.
     36-9A-13.   Nurse midwife functions. A nurse midwife may perform the following overlapping scope of advanced practice nursing and medical functions pursuant to § 36-9A-15, including:
             (1)      Management of the prenatal and postpartum care of the mother-baby unit;
             (2)      Management and direction of the birth;
             (3)      Provision of appropriate health supervision during all phases of the reproductive life span to include family planning services, menopausal care, and cancer screening and prevention; and
             (4)      Prescription of appropriate medications and provision of drug samples or a limited supply of appropriate labeled medications for individuals under the nurse midwife's care pursuant to the scope of practice defined in this section, including controlled drugs or substances listed on Schedule II in chapter 34-20B for one period of not more than thirty days. Medications or sample drugs provided to patients shall be accompanied with written administration instructions and appropriate documentation shall be entered in the patient's medical record.

Source: SL 1979, ch 256, § 7; SL 1995, ch 213, § 3; SL 1999, ch 192, § 15; SL 2000, ch 188, § 3; SL 2006, ch 195, § 3.

36-9A-13.1 Advanced practice nursing functions.
     36-9A-13.1.   Advanced practice nursing functions. The nurse practitioner or nurse midwife advanced practice nursing functions include:
             (1)      Providing advanced nursing assessment, nursing intervention, and nursing case management;
             (2)      Providing advanced health promotion and maintenance education and counseling to clients, families, and other members of the health care team;
             (3)      Utilizing research findings to evaluate and implement changes in nursing practice, programs, and policies; and
             (4)      Recognizing limits of knowledge and experience, planning for situations beyond expertise, and consulting with or referring clients to other health care providers as appropriate.
     These advanced practice nursing functions are under the jurisdiction of the Board of Nursing.

Source: SL 1999, ch 192, § 13.

36-9A-14 Practice of pharmacy prohibited.
     36-9A-14.   Practice of pharmacy prohibited. Nothing in this chapter shall authorize a nurse practitioner or nurse midwife to practice pharmacy as defined in chapter 36-11.

Source: SL 1979, ch 256, § 39.

36-9A-15 "Collaborative agreement" defined.
     36-9A-15.   "Collaborative agreement" defined. The term, collaborative agreement, as used in this chapter, means a written agreement authored and signed by the nurse practitioner or nurse midwife and the physician with whom the nurse practitioner or nurse midwife is collaborating. A collaborative agreement defines or describes the agreed upon overlapping scope of advanced practice nursing and medical functions that may be performed, consistent with § 36-9A-12 or 36-9A-13, and contains such other information as required by the boards. A copy of each collaborative agreement shall be maintained on file with and be approved by the boards prior to performing any of the acts contained in the agreement.

Source: SL 1979, ch 256, § 1 (6); SL 1999, ch 192, § 16.

36-9A-16
     36-9A-16.   Repealed by SL 1999, ch 192, § 17.

36-9A-17 Advanced practice nursing and medical functions--Collaborative agreement required.
     36-9A-17.   Advanced practice nursing and medical functions--Collaborative agreement required. A nurse practitioner or nurse midwife may perform the overlapping scope of advanced practice nursing and medical functions only under the terms of a collaborative agreement with a physician licensed under chapter 36-4. Any collaborative agreement shall be maintained on file with the boards. Collaboration may be by direct personal contact, or by a combination of direct personal contact and indirect contact via telecommunication, as may be required by the boards. If the collaborating physician named in a collaborative agreement becomes temporarily unavailable, the nurse practitioner or nurse midwife may perform the agreed upon overlapping scope of advanced practice nursing and medical functions in consultation with another licensed physician designated as a substitute.

Source: SL 1979, ch 256, § 9; SL 1995, ch 214, § 2; SL 1995, ch 218, § 12; SL 1999, ch 192, § 18.

36-9A-17.1 Modification of collaboration--Method and frequency.
     36-9A-17.1.   Modification of collaboration--Method and frequency. The boards may authorize those modifications in the method and frequency of collaboration of a nurse practitioner or nurse midwife required by § 36-9A-17 that they consider appropriate based upon a finding of adequate collaboration, training, and proficiency. The boards may permit a physician to establish a collaborative relationship with more than one nurse practitioner or nurse midwife and shall establish the number of nurse practitioners or nurse midwives, up to four FTE, based upon a finding that adequate collaboration will exist under the modification proposed.
     Nothing in this section is intended to diminish the professional and legal responsibility of a collaborating physician or the nurse practitioner or nurse midwife as provided in § 36-9A-17.

Source: SL 1994, ch 292, § 3; SL 1999, ch 192, § 19.

36-9A-17.2 Collaborative agreement not to include abortion.
     36-9A-17.2.   Collaborative agreement not to include abortion. The boards may not approve any collaborative agreement that includes abortion as a permitted procedure.

Source: SL 2000, ch 189, § 2.

36-9A-17.3 Waiver of collaborative agreement requirement.
     36-9A-17.3.   Waiver of collaborative agreement requirement. The boards may waive the collaborative agreement requirement for a certified nurse midwife, licensed under this chapter, who provides out-of-hospital birth services in accordance with practice guidelines established by the boards.

Source: SL 2008, ch 193, § 1.

36-9A-18
     36-9A-18.   Repealed by SL 1995, ch 218, § 13.

36-9A-19 Hospital services--Rules and regulations.
     36-9A-19.   Hospital services--Rules and regulations. In the event a nurse practitioner or nurse midwife shall render services in a hospital or a related institution licensed pursuant to the provisions of chapter 34-12, she shall be subject to the rules and regulations of that hospital or related institution.

Source: SL 1979, ch 256, § 11.

36-9A-20 Practice status altered--New or amended collaborative agreement required.
     36-9A-20.   Practice status altered--New or amended collaborative agreement required. If a nurse practitioner or nurse midwife intends to alter practice status by reason of a change in setting, modification, or expansion of the functions the nurse practitioner or nurse midwife is authorized to perform, or for any other reason, the nurse practitioner or nurse midwife shall submit a new or amended collaborative agreement to the boards for approval before any change may be permitted.

Source: SL 1979, ch 256, § 16; SL 1999, ch 192, § 20.

36-9A-21
     36-9A-21.   Repealed by SL 1982, ch 274, § 6.

36-9A-21.1 List of approved programs.
     36-9A-21.1.   List of approved programs. The boards shall promulgate pursuant to chapter 1-26 a list of approved programs for nurse practitioners and nurse midwives. The boards may consult accrediting associations in establishing the list.

Source: SL 1982, ch 274, § 5; SL 1986, ch 302, § 58.

36-9A-22 Renewal of license.
     36-9A-22.   Renewal of license. The license of every person licensed under the provisions of this chapter shall be renewed biennially, except as provided in § 36-9A-25. The expiration date shall be established by the boards.

Source: SL 1979, ch 256, § 15; SL 1982, ch 274, § 7; SL 1995, ch 218, § 14.

36-9A-23 Notice of renewal--Issuance of renewal license.
     36-9A-23.   Notice of renewal--Issuance of renewal license. The boards shall mail a notice for renewal of license to every license holder at least ninety days prior to the expiration date of the person's license. The license holder shall, before the expiration date, return to the boards the notice and the prescribed fee. Upon receipt of the notice and fee, the boards shall issue to the license holder a renewal certificate that includes the effective period of the renewal stated on the certificate.

Source: SL 1979, ch 256, § 15; SL 1995, ch 218, § 15; SL 2000, ch 193, § 1.

36-9A-24 Reinstatement of lapsed license.
     36-9A-24.   Reinstatement of lapsed license. A license holder who fails to renew the license as provided in §§ 36-9A-22 and 36-9A-23 may be reinstated upon the terms and conditions prescribed by the boards and upon payment of the prescribed fee.

Source: SL 1979, ch 256, § 25; SL 1995, ch 218, § 16.

36-9A-25 Inactive status--Request for.
     36-9A-25.   Inactive status--Request for. The holder of a current license may file with the boards a written application, together with the prescribed fee, requesting inactive status and stating the reasons for the request.

Source: SL 1979, ch 256, § 17; SL 1995, ch 218, § 17.

36-9A-26 Fees.
     36-9A-26.   Fees. The boards shall promulgate, by rule pursuant to chapter 1-26, and shall collect in advance the following nonrefundable fees from applicants:
             (1)      For initial licensure or endorsement from another state, not more than two hundred dollars;
             (2)      For biennial renewal of license, not more than one hundred fifty dollars;
             (3)      For reinstatement of a lapsed license, the current renewal fee and not more than one hundred dollars;
             (4)      For providing a transcript, not more than five dollars;
             (5)      For effecting a name change upon the records of the license holder, not more than twenty dollars;
             (6)      For issuance of a duplicate license, not more than thirty dollars;
             (7)      For issuing a temporary permit, not more than fifty dollars;
             (8)      For placing a license on inactive status, not more than twenty dollars;
             (9)      For endorsement to another state, territory, or foreign country, not more than thirty dollars.

Source: SL 1979, ch 256, § 30; SL 1982, ch 274, § 8; SL 1995, ch 218, § 18; SL 2003, ch 200, § 4; SL 2008, ch 191, § 22.

36-9A-27 Deposit of fees--Withdrawal--Report of receipts and expenditures.
     36-9A-27.   Deposit of fees--Withdrawal--Report of receipts and expenditures. All fees received by the boards, and money collected under this chapter, shall be deposited in a bank as authorized by the boards. The funds are subject to withdrawal as authorized by the boards. A report of all receipts and expenditures of funds shall be made at the close of each fiscal year to the state auditor and filed in his office.

Source: SL 1979, ch 256, § 36.

36-9A-28 Balance of fees--Use--Deficit shared between boards.
     36-9A-28.   Balance of fees--Use--Deficit shared between boards. Any balance of fees received by the boards after payment of compensation and expenditures shall be held and used by the boards only in administering this chapter. Any deficit created upon payment of any compensation and expenditures shall be shared equally between the boards.

Source: SL 1979, ch 256, § 37.

36-9A-29 Revocation or suspension of license--Grounds.
     36-9A-29.   Revocation or suspension of license--Grounds. The boards may deny, revoke, or suspend any license or application for licensure to practice as a nurse practitioner or nurse midwife in this state, and may take such other disciplinary or corrective action as the boards deem appropriate upon proof that the license holder or applicant has:
             (1)      Committed fraud, deceit, or misrepresentation in procuring or in attempting to procure a license;
             (2)      Aided or abetted an unlicensed person to practice as a nurse practitioner or nurse midwife;
             (3)      Engaged in practice as a nurse practitioner or nurse midwife under a false or assumed name and failed to register that name pursuant to chapter 37-11, or impersonated another license 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 incapacitate the license holder or applicant from the performance of professional duties;
             (5)      Negligently, willfully, or intentionally acted in a manner inconsistent with the health and safety of persons entrusted to the license holder's care;
             (6)      Had authorization to practice as a nurse practitioner or nurse midwife denied, revoked, or suspended or had other disciplinary action taken in another state;
             (7)      Failed to maintain on file with the boards a copy of each collaborative agreement accurately containing the current information regarding the license holder's practice status required by the boards;
             (8)      Practiced as a nurse practitioner or nurse midwife without a valid license;
             (9)      Engaged in the performance of advanced practice nursing and medical functions beyond the scope of practice authorized by any current collaborative agreement or by § 36-9A-12 or 36-9A-13;
             (10)      Violated any provisions of this chapter or the rules and regulations of the boards promulgated hereunder.

Source: SL 1979, ch 256, § 18; SL 1994, ch 299, § 2; SL 1995, ch 218, § 19; SL 1999, ch 192, § 21.

36-9A-30 Revocation or suspension of license--Initiation of proceedings.
     36-9A-30.   Revocation or suspension of license--Initiation of proceedings. The proceedings for revocation or suspension of a license may be initiated if the boards have information that any person may have been guilty of any misconduct as provided in § 36-9A-29, or is guilty of incompetence or unprofessional or dishonorable conduct.

Source: SL 1979, ch 256, § 20; SL 1995, ch 218, § 20; SL 2005, ch 199, § 24.

36-9A-31 Revocation or suspension of license--Procedure.
     36-9A-31.   Revocation or suspension of license--Procedure. Any proceeding relative to the revocation or suspension of a license shall conform to the procedures set forth in chapter 1-26. A license may be revoked or suspended only at a hearing attended by a quorum of the members of each board.

Source: SL 1979, ch 256, §§ 21, 22; SL 1995, ch 218, § 21.

36-9A-32 Revocation or suspension of license--Physical or mental condition of holder--Examination.
     36-9A-32.   Revocation or suspension of license--Physical or mental condition of holder--Examination. The boards may take action authorized by § 36-9A-29 upon a satisfactory showing that the physical or mental condition of the license holder or applicant is determined by a competent medical examiner to be such as to jeopardize or endanger the health of those entrusted to such person's care. The boards may demand an examination of the license holder or applicant by a competent medical examiner selected by the boards at their expense. If a license holder fails to submit to the examination, the failure constitutes immediate grounds for suspension of that person's license.

Source: SL 1979, ch 256, § 19; SL 1995, ch 218, § 22.

36-9A-33 Appeal of revocation or suspension.
     36-9A-33.   Appeal of revocation or suspension. An aggrieved party may appeal pursuant to chapter 1-26.

Source: SL 1979, ch 256, § 24.

36-9A-34 Reissuance of revoked or suspended license.
     36-9A-34.   Reissuance of revoked or suspended license. A revoked or suspended license may be reissued at the discretion of the boards upon a finding of good cause.

Source: SL 1979, ch 256, § 23; SL 1995, ch 218, § 23.

36-9A-35 Prohibited acts.
     36-9A-35.   Prohibited acts. No person may:
             (1)      Practice or offer to practice as a nurse practitioner or nurse midwife without being licensed under this chapter;
             (2)      Sell or fraudulently obtain or furnish a diploma, license, renewal of license, or any other record necessary to practice under this chapter or aid or abet in such actions;
             (3)      Practice as a nurse practitioner or a nurse midwife under cover of any diploma, license, renewal of license, or other record necessary to practice under this chapter that was issued unlawfully or under fraudulent representation;
             (4)      Use in connection with that person's name a sign, card, device, or other designation tending to imply that the person is a nurse practitioner or nurse midwife without being licensed under this chapter;
             (5)      Practice as a nurse practitioner or nurse midwife during the time that the person's license has lapsed or has been revoked or suspended.
     A violation of this section is a Class 1 misdemeanor.

Source: SL 1979, ch 256, § 26; SL 1994, ch 300, § 2; SL 1995, ch 218, § 24.

36-9A-36 Proof of single act only required.
     36-9A-36.   Proof of single act only required. It shall be necessary to prove in any prosecution only a single act prohibited by law, or a single holding out, or a single attempt, without proving a general course of conduct in order to constitute a violation of this chapter.

Source: SL 1979, ch 256, § 28.

36-9A-37 Prosecution of violations.
     36-9A-37.   Prosecution of violations. The boards may prosecute all persons violating this chapter and may incur the necessary expenses.

Source: SL 1979, ch 256, § 27.

36-9A-38 Enjoining violations.
     36-9A-38.   Enjoining violations. The boards may apply for an injunction in the circuit court for the county of the person's residence to enjoin any person who:
             (1)      Is unlawfully practicing as a nurse practitioner or nurse midwife without a license issued by the boards;
             (2)      Is practicing as a nurse practitioner or nurse midwife under a license that has lapsed or has been suspended or revoked;
             (3)      Is engaging as a nurse practitioner or nurse midwife in the performance of medical functions beyond the scope of practice authorized by § 36-9A-12 or 36-9A-13, or by that person's current practice agreement approved by the boards; or
             (4)      Is, by reason of a physical or mental condition, endangering, or threatening to endanger, the health or safety of those entrusted to that person's care as a nurse practitioner or nurse midwife.

Source: SL 1979, ch 256, § 29; SL 1995, ch 218, § 25.

36-9A-39 Temporary injunction--Grounds.
     36-9A-39.   Temporary injunction--Grounds. Upon the filing of a verified complaint, the court, if satisfied by affidavit or otherwise, that the person is or has been engaging in unlawful or dangerous practice as described in § 36-9A-38, may issue a temporary injunction, without notice or bond, enjoining that person from further practice as a nurse practitioner or nurse midwife.

Source: SL 1979, ch 256, § 29.

36-9A-40 Injunction an alternative to criminal proceedings.
     36-9A-40.   Injunction an alternative to criminal proceedings. An action for injunction is an alternative to criminal proceedings, and the commencement of one proceeding by the boards constitutes an election.

Source: SL 1979, ch 256, § 29.

36-9A-41 Promulgation of rules by boards.
     36-9A-41.   Promulgation of rules by boards. The boards may promulgate rules pursuant to chapter 1-26 pertaining to: licensure and licenses, collaborative practice, prescriptive authority, and disciplinary proceedings.

Source: SL 1979, ch 256, § 38; SL 1986, ch 302, § 59; SL 1995, ch 218, § 26; SL 1999, ch 192, § 22.

36-9A-42 Locum tenens license.
     36-9A-42.   Locum tenens license. A locum tenens license allows the holder to practice as a nurse practitioner or nurse midwife in this state for a limited period of time and subject to the requirements and conditions set forth in the license.

Source: SL 1991, ch 301, § 10; SL 1995, ch 218, § 27.

36-9A-43 Requirements for receiving locum tenens license--Petition.
     36-9A-43.   Requirements for receiving locum tenens license--Petition. The boards may issue a locum tenens license to an applicant who holds a valid nurse practitioner or nurse midwife license in any state or territory of the United States, the District of Columbia, or province of Canada, or who has successfully completed an approved program pursuant to § 36-9A-4. To obtain a locum tenens license, the applicant shall present a petition to the boards signed under oath by a licensed physician practicing in this state and by the applicant requesting a locum tenens license. The petition shall set forth the reasons why the applicant should be issued a locum tenens license. In addition to the petition, the locum tenens applicant shall submit to the board a licensure fee of fifty dollars and the application required by § 36-9A-9. A new petition shall be submitted to the boards for each locum tenens practice location.

Source: SL 1991, ch 301, § 11; SL 1995, ch 218, § 28.

36-9A-44 Renewal of locum tenens license.
     36-9A-44.   Renewal of locum tenens license. Any person holding a locum tenens license under the provisions of this chapter shall renew the license annually on or before the fifteenth day of July upon a form which shall be furnished to the person by the boards. The request for renewal shall include proof, as may be required by the boards, of continuance of the qualifications for original licensure and payment of an annual renewal fee of fifty dollars.

Source: SL 1991, ch 301, § 12; SL 1995, ch 218, § 29.

36-9A-45 Post-graduate studies required to renew locum tenens license.
     36-9A-45.   Post-graduate studies required to renew locum tenens license. A renewal request pursuant to § 36-9A-4 shall be accompanied by evidence satisfactory to the boards of the completion during the preceding twelve months of at least thirty hours of post-graduate studies in family medicine which have been approved by the boards.

Source: SL 1991, ch 301, § 13.

36-9A-46 Application by nurse practitioner or midwife for locum tenens license.
     36-9A-46.   Application by nurse practitioner or midwife for locum tenens license. Any nurse practitioner or nurse midwife applying for a locum tenens license shall have practiced a minimum of three hundred hours in the preceding twenty-four months and shall meet locum tenens licensure requirements as set forth in §§ 36-9A-42 to 36-9A-45, inclusive.

Source: SL 1991, ch 301, § 14; SL 1995, ch 218, § 30.

Title 36