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 prelicensure 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 the nurse's 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 may 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 the person does 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 the nurse to accompany and care for a patient in South Dakota during one such employment not to exceed three months in length. However, the nurse may not hold herself or himself 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 provide education 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 board, 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 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 Social Services. The administration of medications shall be under the direct or indirect supervision of a registered nurse. The Department of Social Services and the board 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; and
(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; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011; SL 2012, ch 14, §6; SL 2016, ch 194, §15.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 09 - Registered And Practical Nurses
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 36-9-31.2 - 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 36-9-39 - 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 36-9-46 - 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 36-9-49 - Grounds for denial, revocation, or suspension of license or application.
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 36-9-91 - 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 36-9-98 - Nurse Licensure Compact.
Section 36-9-99 - General funds not to be used to support compact.