There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 36-9-49 — Grounds for denial, revocation, or suspension of license, certification, orapplication.
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.
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.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.