South Dakota Codified Laws
Chapter 09 - Registered And Practical Nurses
Section 36-9-1 - Definitions.

36-9-1. Definitions.
Terms as used in this chapter, unless the context otherwise requires, mean:
(1)"Advanced comprehensive nursing assessment," collection, analysis, and synthesis of data performed by the certified registered nurse anesthetist used to establish a health status baseline, nursing diagnosis, plan nursing care, and address changes in a patient's condition;
(2)"Advanced practice registered nurse" or "APRN," any person licensed by the board in the role of a clinical nurse specialist or a certified registered nurse anesthetist;
(3)"Approved program," any educational program of study which meets the requirements established by this chapter and by the board for licensure under this chapter;
(4)"Board," the South Dakota Board of Nursing;
(5)"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;
(6)"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;
(7)"Collaborate," the act of communicating pertinent information or consulting with a licensed physician or other licensed health care provider with each provider contributing the provider's respective expertise to optimize the overall care delivered to the patient;
(8)"Comprehensive nursing assessment," collection, analysis, and synthesis of data performed by the registered nurse used to establish a health status baseline, nursing diagnosis, plan nursing care, and address changes in a patient's condition;
(9)"Focused nursing assessment," recognizing patient characteristics by a licensed practical nurse that may affect the patient's health status, gathering and recording assessment data, and demonstrating attentiveness by observing, monitoring, and reporting signs, symptoms, and changes in patient condition in an ongoing manner to the supervising health care provider as defined in §36-9-4;
(10)"Licensed," written authorization by the board to practice as a registered nurse, licensed practical nurse, certified nurse anesthetist, or clinical nurse specialist;
(11)"Licensed practical nurse," any person duly authorized under this chapter to practice practical nursing as defined in §36-9-4;
(12)"Patient" or "client," a recipient of care and may be an individual, family, group, or community;
(13)"Public member," any person who is not licensed by the board, but is a user of the services regulated by the board;
(14)"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; SL 2014, ch 180, §1; SL 2016, ch 194, §1; SL 2020, ch 169, § 2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 36 - Professions and Occupations

Chapter 09 - Registered And Practical Nurses

Section 36-9-1 - Definitions.

Section 36-9-1.1 - Legislative findings, policy and intent.

Section 36-9-2 - Evidence of qualification and license required to practice nursing.

Section 36-9-3 - Practice of registered nurse.

Section 36-9-3.1 - Practice of certified registered nurse anesthetist--Promulgation of rules.

Section 36-9-4 - Practice of licensed practical nurse.

Section 36-9-4.1 - Additional functions after special training of licensed practical nurse.

Section 36-9-5 - Appointment and composition of board.

Section 36-9-6 - Citizenship and residence requirements of board members.

Section 36-9-7 - Qualifications of registered nurse members of board.

Section 36-9-8 - Qualifications of licensed practical nurse members of board.

Section 36-9-8.1 - Qualifications of public members of board.

Section 36-9-9 - Terms of office of board members--Appointment.

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

Section 36-9-11.1 - Board continued within Department of Health--Records and reports.

Section 36-9-12 - Employment of executive director--Qualifications.

Section 36-9-14 - Duties and compensation of executive director.

Section 36-9-15 - Delegation of activities to executive director.

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

Section 36-9-17 - Meetings of board--Election of officers.

Section 36-9-18 - Quorum of board.

Section 36-9-21 - Promulgation of rules.

Section 36-9-24 - Deposit and withdrawal of money received.

Section 36-9-25 - Balance of fees held by board--Use of fees.

Section 36-9-28 - Practices not prohibited by chapter.

Section 36-9-29 - Board to examine, license, and renew licenses.

Section 36-9-30 - Proof of education required--Registered nurse.

Section 36-9-30.1 - Qualifications of registered nurse anesthetist.

Section 36-9-31 - Examination required for registered nursing license--Issuance of license.

Section 36-9-31.1 - Temporary permit for applicant pending examination--Practice under supervision required.

Section 36-9-31.2 - Temporary anesthetist permit pending examination results.

Section 36-9-32 - Licensing of registered nurse from another state or country.

Section 36-9-32.1 - Temporary permit for applicant holding license from another state.

Section 36-9-32.2 - Temporary anesthetist permit issued to applicant from another state.

Section 36-9-35 - Fees required of registered nurses.

Section 36-9-36 - Title used by licensed registered nurse or certified registered nurse anesthetist.

Section 36-9-37 - Proof of education required--Licensed practical nurse.

Section 36-9-38 - Examination required for licensed practical nursing license--Issuance of license.

Section 36-9-38.1 - Temporary permit for licensed practical nursing pending examination--Practice under supervision required.

Section 36-9-39 - Licensing of licensed practical or vocational nurse from another state or country.

Section 36-9-39.1 - Temporary permit for licensed practical nurse from out of state.

Section 36-9-43 - Fees required of licensed practical nurses.

Section 36-9-44 - Title used by licensed practical nurse.

Section 36-9-45 - Biennial renewal of license--Expiration date--Notice by board--Fee--Period of renewal.

Section 36-9-46 - Application for inactive status--Fee.

Section 36-9-47 - Reinstatement of lapsed license.

Section 36-9-47.1 - Evidence of completion of reentry requirements.

Section 36-9-47.2 - Issuance of limited license to nurse enrolled in reentry program--Application for license or renewal on completion of program.

Section 36-9-49 - Grounds for denial, revocation, or suspension of license or application.

Section 36-9-49.1 - Physical or mental condition as ground for denial, revocation or suspension--Examination--Immediate suspension upon failure to submit.

Section 36-9-51.1 - Hearing required for license revocation, suspension, or reissuance.

Section 36-9-51.2 - Revocation or suspension proceedings to conform to administrative procedure.

Section 36-9-51.3 - Majority of board required to suspend, revoke, or reissue license.

Section 36-9-51.4 - Appeal by aggrieved party from board actions.

Section 36-9-57 - Reissuance of revoked or suspended license.

Section 36-9-58 - Approval by board of curricula and educational standards.

Section 36-9-58.2 - Application by institution to provide educational program.

Section 36-9-58.3 - Survey of educational program of applicant institution--Interim approval.

Section 36-9-58.4 - Denial of approval of educational program.

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

Section 36-9-64.1 - Fee and expenses for survey of educational institution.

Section 36-9-66 - Notice to institution of failure to maintain educational standards.

Section 36-9-67 - Withdrawal of board approval on failure to correct deficiencies.

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

Section 36-9-68 - Prohibited acts--Misdemeanor.

Section 36-9-69 - Single act as proof of violation.

Section 36-9-70 - Board to prosecute violations.

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

Section 36-9-72 - Injunction to prevent unlawful practice--Election of remedies.

Section 36-9-76 - Nurses' education assistance scholarship.

Section 36-9-77 - Funding for education assistance scholarship program.

Section 36-9-78 - Qualification criteria for education assistance scholarship.

Section 36-9-79 - Number and distribution of scholarships from education assistance program.

Section 36-9-80 - Restrictions on distributions from education assistance program.

Section 36-9-84 - Definition of durable medical equipment or therapeutic device.

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

Section 36-9-86 - Requirements for license as clinical nurse specialist.

Section 36-9-87 - Practice of a licensed clinical nurse specialist.

Section 36-9-88 - Title used by clinical nurse specialist.

Section 36-9-89 - Temporary permit for clinical nurse specialist awaiting exam results.

Section 36-9-90 - Temporary permit for out of state licensed clinical nurse specialist applicant--Issuance date and termination date.

Section 36-9-91 - Fees required of clinical nurse specialists.

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

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

Section 36-9-95 - Nursing workforce center established--Funding.

Section 36-9-96 - Powers of nursing workforce center.

Section 36-9-97 - Criminal background investigation of applicants and licensees subject to disciplinary investigation--Cooperation required--Fees.

Section 36-9-98 - Nurse Licensure Compact.

Section 36-9-99 - General funds not to be used to support compact.