36-9-68. Prohibited acts--Misdemeanor.
No person may:
(1)Sell or fraudulently obtain or furnish a diploma, license, renewal of license, or any other record necessary to practice nursing under this chapter or aid or abet in such actions;
(2)Practice nursing as defined in this chapter under cover of any diploma, license, renewal of license, or other record necessary to practice nursing under this chapter that was illegally or fraudulently obtained or signed or was issued unlawfully or under fraudulent representation;
(3)Practice or offer to practice as a registered nurse, licensed practical nurse, registered nurse anesthetist, or clinical nurse specialist without being licensed under this chapter;
(4)Use in connection with the person's name a sign, card, device, or other designation tending to imply that the person is a registered nurse, a licensed practical nurse, a certified registered nurse anesthetist, or a clinical nurse specialist without being licensed under this chapter;
(5)Practice nursing as defined in this chapter during any time that the person's license is lapsed, on inactive status, suspended, or revoked;
(6)Conduct a nursing education program for the preparation of registered nurses, licensed practical nurses, certified registered nurse anesthetists, or clinical nurse specialists unless the program has been approved by the board; or
(7)Otherwise violate any of the provisions of this chapter.
A violation of this section is a Class 1 misdemeanor.
Source: SDC 1939, §§27.0907, 27.9921; SL 1947, ch 123, §§10, 12; SL 1949, ch 109, §§11, 13; SL 1955, ch 91, §§1, 11; SDC Supp 1960, §§27.0901, 27.9944, 27.9955; SL 1967, ch 101, §§1, 12; SDCL §36-9-27; SL 1976, ch 228, §§16, 49; SL 1977, ch 190, §§157, 158; SL 1979, ch 255, §67; SL 1994, ch 300, §1; SL 1995, ch 217, §6; SL 2016, ch 194, §38.
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.