College of Nursing Undergraduate Nursing Department Nursing Student Handbook Eligibility for Nursing Licensure in the State of South Dakota

ELIGIBILITY FOR NURSING LICENSURE IN THE STATE OF SOUTH DAKOTA

The South Dakota Board of Nursing approves the College of Nursing at South Dakota State University.  Students successfully completing all requirements for graduation with a Bachelor of Science degree are eligible to apply for licensure.  The College of Nursing is required to provide to all students’ "grounds for denial, revocation or suspension of license, certification or application." 

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 incapacitate her from the performance of her professional duties;
(5) Negligently, willfully or intentionally acted in a manner inconsistent with the health or safety of persons entrusted to her care: 
(6) Had a license or certificate to practice as a registered nurse, licensed practical nurse or certified registered nurse anesthetist denied, revoked or suspended 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 her/his license or certificate is lapsed, on inactive status, suspended or revoked; 
(10) Been guilty of gross 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. 

(South Dakota Codified Laws, Vol. 11B.  Michie Company Law Publishers, Charlottesville, VA.  1993 Pocket Supplement, pp. 66-67.)

36-9-49.1.  Physical or mental condition as ground for denial, revocation or suspension-- Examination--Immediate suspension upon failure to submit. In addition to the provisions for summary suspension in § 1-26-29, the board may take action pursuant to § 36-9-49 upon a showing that the physical or mental condition of the licensee, certificate holder or applicant endangers the health or safety of those persons who are or will be entrusted to her care. A majority of the board may demand an examination of the licensee, certificate holder or applicant by a competent medical or psychological examiner selected by the board at the board's expense. If the licensee, certificate holder or applicant fails to submit to the examination, the board may immediately suspend her license or certification or deny her application.

http://legis.state.sd.us/statutes/index.aspx?FuseAction=DisplayStatute&Type=Statute&Statute=36-9-49.1

Source: SDCL, § 36-9-49 (7) as added by SL 1976, ch 228, § 37; SL 1979, ch 255, § 45; SL 1986, ch 307, § 29; SL 1993, ch 276, § 2.

Reviewed: December 2004

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Last Update: January 2005  Published by Dr. Gloria P. Craig  Maintained by Vickie Prussman South Dakota State University  College of Nursing Nursing Student Handbook