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.

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