36-9A-29. Denial, revocation, or suspension of license--Grounds.
The board may deny, revoke, or suspend any license or application for licensure to practice as a certified nurse practitioner or certified nurse midwife in this state, and may take any other disciplinary or corrective action the board considers 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 certified nurse practitioner or certified nurse midwife;
(3)Engaged in practice as a certified nurse practitioner or certified 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)Committed an alcohol or drug related act or offense that interferes with the ability to practice safely;
(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 a license or privilege to practice as a certified nurse practitioner or certified nurse midwife denied, revoked, or suspended or had other disciplinary action taken in another state, territory, or foreign country;
(7)Exercised influence within the nurse-patient relationship for the purpose of engaging a patient in sexual activity or engaging in gross sexual harassment or sexual contact. For the purpose of this subdivision, the patient is presumed incapable of giving free, full, and informed consent to sexual activity or sexual contact with the nurse;
(8)Practiced as a certified nurse practitioner or certified nurse midwife without a valid license;
(9)Engaged in unsafe practices, substandard care, or unprofessional or dishonorable conduct;
(10)Violated any provisions of this chapter or the rules promulgated hereunder; or
(11)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.
Source: SL 1979, ch 256, §18; SL 1994, ch 299, §2; SL 1995, ch 218, §19; SL 1999, ch 192, §21; SL 2017, ch 171, §34.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 09A - Certified Nurse Practitioners And Certified Nurse Midwives
Section 36-9A-1 - Definition of terms.
Section 36-9A-2.1 - Temporary permit to practice.
Section 36-9A-2.2 - License to practice of person licensed under laws of other state.
Section 36-9A-2.3 - Temporary permit issued to person licensed under laws of other state.
Section 36-9A-3 - Unlicensed practice permitted in certain situations.
Section 36-9A-4 - Licensing requirements.
Section 36-9A-5 - Practice regulated by Board of Nursing.
Section 36-9A-5.1 - Advanced practice nurse advisory committee--Appointment--Terms--Duties.
Section 36-9A-7 - Inspection of premises by board--Refusal as misdemeanor.
Section 36-9A-9 - Filing of application for licensure--Form--Fee--Issuance of license.
Section 36-9A-11 - Title used by certified nurse practitioner and certified nurse midwife.
Section 36-9A-12 - Scope of certified nurse practitioner practice.
Section 36-9A-13 - Scope of certified nurse midwife practice.
Section 36-9A-13.1 - Collaboration with other health care providers.
Section 36-9A-14 - Practice of pharmacy prohibited.
Section 36-9A-17.2 - Performance of abortions not authorized.
Section 36-9A-19 - Hospital services--Rules and regulations.
Section 36-9A-21.1 - Curricula and standards for educational programs.
Section 36-9A-22 - Renewal of license.
Section 36-9A-23 - Notice of renewal--Issuance of renewal license.
Section 36-9A-24 - Reinstatement of lapsed license.
Section 36-9A-25 - Inactive status.
Section 36-9A-29 - Denial, revocation, or suspension of license--Grounds.
Section 36-9A-31 - Revocation or suspension of license--Procedure.
Section 36-9A-32 - Physical or mental examination of license holder or applicant.
Section 36-9A-33 - Appeal of revocation or suspension.
Section 36-9A-34 - Reissuance of revoked or suspended license.
Section 36-9A-35 - Prohibited acts--Violation as misdemeanor.
Section 36-9A-36 - Proof of single act only required.
Section 36-9A-37 - Prosecution of violations.
Section 36-9A-38 - Enjoining violations.
Section 36-9A-39 - Temporary injunction--Grounds.
Section 36-9A-40 - Injunction an alternative to criminal proceedings.
Section 36-9A-41 - Promulgation of rules.
Section 36-9A-47 - Practice of certified professional midwife.