20:48:03:01. Application for licensure by examination. A graduate of a board-approved school of nursing seeking licensure by examination or the applicant for licensure by examination who meets requirements by equivalency must submit an application on a form provided by the board. Each applicant for licensure by examination must submit a set of fingerprints on a standard card provided by the board for the purpose of obtaining a state and federal criminal background check through the Division of Criminal Investigation. An authorization and release form must be signed by the applicant authorizing the release of the criminal history record to the board. The fingerprint card, authorization and release form, and fee for the criminal background check must accompany the application for licensure. The applicant must schedule and complete the computerized licensure examination within ninety days after notification by the board that eligibility to test is granted. The application must show that the applicant meets the legal requirements for licensing and must be accompanied by the fee as required in chapter 20:48:06.

Source: SL 1975, ch 16, § 1; 3 SDR 35, effective November 11, 1976; 6 SDR 88, effective March 3, 1980; 9 SDR 151, effective May 30, 1983; 12 SDR 109, effective January 9, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 143, effective December 26, 1993, and February 16, 1994; 33 SDR 43, effective September 12, 2006.

General Authority: SDCL 36-9-21(1).

Law Implemented: SDCL 36-9-29, 36-9-30, 36-9-35, 36-9-37, 36-9-43, 36-9-97.

Rule 20:48:03:02 Repealed.

20:48:03:02. Applicant without high school diploma.Repealed.

Source: SL 1975, ch 16, § 1; repealed, 6 SDR 88, effective March 3, 1980.

Rule 20:48:03:03 Applicant from another state, territory, or foreign country.

20:48:03:03. Applicant from another state, territory, or foreign country. An applicant who holds a diploma from a nursing school in another state or territory of the United States or in a foreign country may qualify for license by examination if the board determines that the requirements for granting a diploma from that nursing school are substantially the same as the requirements of schools in this state. An applicant for license as a licensed practical nurse who has attended a nursing school in another state or territory of the United States or in a foreign country may qualify for license by examination if the board determines that the applicant's nursing education is equivalent to practical nursing education in this state.

Source: SL 1975, ch 16, § 1; 3 SDR 35, effective November 11, 1976; 4 SDR 26, effective November 1, 1977; 6 SDR 88, effective March 3, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 36-9-21.

Law Implemented:SDCL 36-9-29, 36-9-30, 36-9-37, 36-9-39.

Rule 20:48:03:04 The examination and its administration.

20:48:03:04. The examination and its administration. The licensing examination is the National Council Licensing Examination of the National Council of State Boards of Nursing effective July 2, 1982. Identification supplied to the applicant by the board or the contracted testing service is required for admission to the examination room. Before beginning the examination, the applicant must certify in writing that the applicant has not solicited or received any information on the contents of the examination about to be administered and must agree that during or after the examination the applicant will not disclose its contents to any person.

Source: SL 1975, ch 16, § 1; 3 SDR 35, effective November 11, 1976; 6 SDR 88, effective March 3, 1980; 9 SDR 67, effective December 5, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 143, effective December 26, 1994.

General Authority:SDCL 36-9-21.

Law Implemented:SDCL 36-9-29, 36-9-31, 36-9-38.

Rule 20:48:03:05 Proctoring the examination.

20:48:03:05. Proctoring the examination. The board shall proctor the examination, either directly or by contract with another entity, for an applicant seeking original licensure by this state or an applicant who has previously failed to pass the National Council Licensing Examination in this state or in another state, territory, or country. The applicant shall file an application as provided by § 20:48:03:01 and pay the fee prescribed by chapter 20:48:06.

Source: SL 1975, ch 16, § 1; 3 SDR 35, effective November 11, 1976; 9 SDR 151, effective May 30, 1983; 12 SDR 109, effective January 9, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 181, effective May 31, 1993.

General Authority:SDCL 36-9-21.

Law Implemented:SDCL 36-9-29, 36-9-31, 36-9-35, 36-9-38, 36-9-43.

Rule 20:48:03:06 Examination results -- Retaking examination.

20:48:03:06. Examination results -- Retaking examination. The board shall notify the applicant of the examination results. The board shall send the results of the examination with the candidate's name to the school from which the candidate graduated. The board shall report the score to the applicant as pass or fail. Applicants who fail the examination may retake the examination a maximum of eight times a year, but not more often than once in any 45-day period after filing a new application as provided in § 20:48:03:01 and paying the fee prescribed by chapter 20:48:06.

Source: SL 1975, ch 16, § 1; 3 SDR 35, effective November 11, 1976; 4 SDR 26, effective November 1, 1977; 6 SDR 88, effective March 3, 1980; 9 SDR 67, effective December 5, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 175, effective May 28, 1987; 15 SDR 33, effective August 30, 1988; 20 SDR 143, effective December 26, 1993; 31 SDR 26, effective September 8, 2004.

General Authority: SDCL 36-9-21(1).

Law Implemented: SDCL 36-9-29, 36-9-31, 36-9-35, 36-9-38, 36-9-43.

Rule 20:48:03:07 Application for license by endorsement.

20:48:03:07. Application for license by endorsement. Upon filing, on the form prescribed by the board, an application supported by written evidence satisfactory to the board showing that the applicant is licensed to practice nursing in accordance with the laws of another state or territory or foreign country, the applicant may be issued a license by endorsement to practice nursing in this state without examination. The application shall be filed with the fee prescribed by chapter 20:48:06 and evidence of employment status according to provisions in SDCL 36-9-1, 36-9-32, and 36-9-39. Each applicant for licensure by endorsement must submit a set of fingerprints on a standard card provided by the board for the purpose of obtaining a state and federal criminal background check through the Division of Criminal Investigation. An authorization and release form must be signed by the applicant authorizing the release of the criminal history record to the board. The fingerprint card, authorization and release form, and fee must accompany the application for licensure.

Source: SL 1975, ch 16, § 1; 3 SDR 35, effective November 11, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 49, effective October 27, 1986; 33 SDR 43, effective September 12, 2006.

General Authority: SDCL 36-9-21(1).

Law Implemented: SDCL 36-9-1, 36-9-29, 36-9-32, 36-9-35, 36-9-39, 36-9-43, 36-9-97.

Cross-Reference: Eligibility for active status licensure -- Reentry standards, § 20:48:03:16.

Rule 20:48:03:08 Temporary permits.

20:48:03:08. Temporary permits. An applicant for a temporary permit to practice nursing must apply on the form prescribed by the board. The applicant must submit written evidence that the applicant has completed a nursing education program in any state or territory of the United States or has completed a nursing education program in a foreign country and holds a certificate from the Commission on Graduates of Foreign Nursing Schools. The applicant must also be eligible to take the National Council Licensing Examination in this or any other state or territory of the United States or has applied for and is awaiting licensure by endorsement from the board. Each applicant for a temporary permit must submit a set of fingerprints on a standard card provided by the board for the purpose of obtaining a state and federal criminal background check through the Division of Criminal Investigation. An authorization and release form must be signed by the applicant authorizing the release of the criminal history record to the board. The fingerprint card, authorization and release form, and fee for the criminal background check must accompany the application for a temporary permit. A permanent license may not be issued until the criminal background check is complete.

The fee prescribed by chapter 20:48:06 must be filed with the application. The holder of a temporary permit must use the title, registered nurse applicant (R.N. App.) or licensed practical nurse applicant (L.P.N. App.), whichever pertains. If the holder is notified by the board that licensure by endorsement or examination has been denied to the holder, the permit is invalid on the date the notice is received by the holder, and the holder must immediately return the permit to the board. The holder of a temporary permit issued awaiting license by examination shall maintain on file with the board a current statement providing the name and address of any person or institution that employs the holder during the period the permit remains in force. The applicant awaiting license by examination and the applicant awaiting license by endorsement as a licensed practical nurse may practice only under the supervision of a licensed registered nurse on duty in the area where the holder of the permit is working. Beginning February 16, 1994, the temporary permit issued to the applicant awaiting licensure by examination becomes invalid upon notice to the applicant of the results of the first examination or 90 days following the date of issuance, whichever is earlier.

Source: SL 1975, ch 16, § 1; 1 SDR 76, effective June 4, 1975; 3 SDR 35, effective November 11, 1976; 5 SDR 40, effective November 13, 1978; 6 SDR 88, effective March 3, 1980; 9 SDR 67, effective December 5, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 143, effective December 26, 1994; 28 SDR 36, effective September 18, 2001; 33 SDR 43, effective September 12, 2006.

General Authority: SDCL 36-9-21(1).

Law Implemented: SDCL 36-9-29, 36-9-31.1, 36-9-32.1, 36-9-35(5), 36-9-38.1, 36-9-39.1, 36-9-43(4), 36-9-97.

Rule 20:48:03:09 Renewal of license.

20:48:03:09. Renewal of license. A notice for renewal of license shall be sent by the board to the last known address of each current licensee. Within the time provided in the notice, the fee prescribed by chapter 20:48:06 shall be filed with the board together with evidence of employment status according to provisions of SDCL 36-9-1 and 36-9-45. Failure to receive the notice for renewal of license does not relieve the licensee of the responsibility for renewing the license and paying the renewal fee within the prescribed time. Any fee for renewal of license delivered in person to the board or postmarked after the filing date indicated in the notice shall not be accepted, and the license shall lapse. A lapsed license may be reinstated only in accordance with the provisions of SDCL 36-9-47 and 36-9-47.1.

Source: SL 1975, ch 16, § 1; 1 SDR 76, effective June 4, 1975; 3 SDR 35, effective November 11, 1976; 6 SDR 88, effective March 3, 1980; 7 SDR 41, effective November 3, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 49, effective October 27, 1986.

General Authority:SDCL 36-9-21.

Law Implemented:SDCL 36-9-1, 36-9-29, 36-9-35, 36-9-43, 36-9-45.

Cross-Reference: Eligibility for active status licensure -- Reentry standards, § 20:48:03:16.

Rule 20:48:03:10 Renewal of license by birth date -- Courtesy renewal.

20:48:03:10. Renewal of license by birth date -- Courtesy renewal. Renewal of license will be by birth date of the licensee. Each renewal certificate shall expire on the second birthday of the licensee after the date of its issuance. The first renewal after initial licensure shall occur on the licensee's birth date. The board shall give three months' notice of renewal before the birth date. The board shall issue a courtesy renewal certificate to cover the period between initial licensure and the first renewal.

Source: SL 1975, ch 16, § 1; 3 SDR 35, effective November 11, 1976; 4 SDR 26, effective November 1, 1977; 5 SDR 40, effective November 13, 1978; 6 SDR 88, effective March 3, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 36-9-21.

Law Implemented:SDCL 36-9-29, 36-9-35, 36-9-43, 36-9-45.

Rule 20:48:03:11 Inactive status and reactivation of license.

20:48:03:11. Inactive status and reactivation of license. Upon filing with the board a written statement requesting inactive status and paying the fee prescribed by chapter 20:48:06, the licensee shall be placed on inactive status and issued an inactive status card. The licensee may return to active status by filing an application for renewal of license, remitting the renewal fee for the current biennial period, and filing evidence of employment status during the preceding six years. If the license has been inactive for six or more years, it may be reactivated according to the provisions in SDCL 36-9-47.1.

Source: SL 1975, ch 16, § 1; 3 SDR 35, effective November 11, 1976; 6 SDR 88, effective March 3, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 49, effective October 27, 1986; 26 SDR 174, effective July 4, 2000.

General Authority:SDCL 36-9-21.

Law Implemented:SDCL 36-9-1, 36-9-29, 36-9-35, 36-9-43, 36-9-45, 36-9-46, 36-9-47.1.

Cross-Reference: Eligibility for active status licensure -- Reentry standards, § 20:48:03:16.

Rule 20:48:03:12 Lapse and reinstatement of license.

20:48:03:12. Lapse and reinstatement of license. If a licensee fails to maintain active status or secure inactive status as provided in SDCL 36-9-45 or 36-9-46, the license shall lapse on the final date of the period for which it was last renewed. A lapsed license may be reinstated by filing a satisfactory explanation for such failure to renew, payment of the required fee, and by filing evidence of employment status during the preceding six years. If the license has been lapsed for six or more years, it may be reinstated according to provisions in SDCL 36-9-47.1.

Source: SL 1975, ch 16, § 1; 3 SDR 35, effective November 11, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 49, effective October 27, 1986.

General Authority:SDCL 36-9-21.

Law Implemented:SDCL 36-9-29, 36-9-35, 36-9-43, 36-9-47, 36-9-47.1.

Cross-Reference: Eligibility for active status licensure -- Reentry standards, § 20:48:03:16.

Rule 20:48:03:13 Replacement of license.

20:48:03:13. Replacement of license. If the original license or the certificate of renewal is lost, misplaced, stolen, or destroyed, the licensee shall immediately report that fact to the board in writing. Upon the board's receipt of a statement by the licensee, verified by oath, detailing to the board's satisfaction the circumstances making replacement of the license necessary, and payment of the fee prescribed by chapter 20:48:06, the board may issue a duplicate original license or certificate of renewal.

Source: SL 1975, ch 16, § 1; 3 SDR 35, effective November 11, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 36-9-21.

Law Implemented:SDCL 36-9-29, 36-9-35, 36-9-43.

20:48:03:14. Name change requirements. If an applicant or licensee has a change of name, the applicant or licensee must, within sixty days, submit to the board an application and a certified copy of the legal instrument or other written evidence that authenticates the name change. The board shall, upon receipt of the application, legal instrument or other evidence, and, if a licensed nurse, payment of the fee required in subdivisions 20:48:06:01(9) and 20:48:06:01(11), add the name to the applicant's licensure application or change the name on a nurse's license.

Source: SL 1975, ch 16, § 1; 3 SDR 35, effective November 11, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 51 SDR 16, effective August 18, 2024.

General Authority: SDCL 36-9-21, 36-9-86.

Law Implemented: SDCL 36-9-29, 36-9-35(9), 36-9-43(8), 36-9-91(9).

Cross-Reference: Court proceedings not required for nonfraudulent change to new, consistently used name, Attorney General's Opinion No. 77-31.

20:48:03:14.01. Licensure reporting requirements. An applicant or licensee shall, within sixty days of the event, report to the board any of the following events:

(1) A change of address;

(2) A conviction or a finding of guilt, or entering into an agreed disposition, of a felony offense;

(3) A conviction or a finding of guilt, or entering into an agreed disposition, of a misdemeanor offense related to the practice of nursing;

(4) A malpractice claim;

(5) A complaint pending with, or discipline issued by, another licensing board; and

(6) Enrollment in an alternative-to-discipline program.

Source: 51 SDR 16, effective August 18, 2024.

General Authority: SDCL 36-9-21, 36-9-86.

Law Implemented: SDCL 36-9-29, 36-9-98(III)(c)(7)(8)(9), 36-9-98 (IV)(a)(c)(d).

Rule 20:48:03:15 Repealed.

20:48:03:15. Evidence of change of name.Repealed.

Source: SL 1975, ch 16, § 1; 5 SDR 40, effective November 13, 1978; repealed, 6 SDR 88, effective March 3, 1980.

Rule 20:48:03:16 Eligibility for active status licensure -- Reentry standards.

20:48:03:16. Eligibility for active status licensure -- Reentry standards. Registered nurses and licensed practical nurses must be employed in nursing for a minimum of 140 hours in any 12-month period over the preceding 6 years to be eligible for active status licensure.

Applicants for licensure who have not been employed in nursing for a minimum of 140 hours in any 12-month period over the 6 years immediately preceding endorsement, renewal, reactivation, or reinstatement must submit evidence of compliance with reentry standards. Compliance with reentry standards may be accomplished by employment in nursing of at least 480 hours accumulated during the preceding 6 years or by successful completion of a nursing refresher course approved by the board.

Verification of the number of hours employed must be obtained from the employer or evidence that the student has successfully completed a nursing refresher course must be submitted to the South Dakota board of nursing office by the applicant for licensure.

Source: 13 SDR 49, effective October 27, 1986; 14 SDR 61, effective October 26, 1987.

General Authority:SDCL 36-9-21, 36-9-45.

Law Implemented:SDCL 36-9-1, 36-9-29, 36-9-32, 36-9-39, 36-9-45, 36-9-47.1, 36-9-47.2, 36-9-58.

Rule 20:48:03:17 Criteria for refresher course.

20:48:03:17. Criteria for refresher course. Each course must be approved initially and annually by the board. Board approval must be obtained prior to enrollment of students. A refresher course must meet the following criteria to obtain the approval of the board:

(1) The course must contain a minimum of 160 course hours and must include at least 80 hours of theory and 80 hours of supervised clinical experience;

(2) The course must be based on clearly stated objectives which are realistic for the time allotted in the course and appropriate for the course content and which include both theoretical and clinical practice expectations;

(3) Course content must be based on current nursing care concepts and skills relevant to the audience for which it is intended, registered nurse or licensed practical nurse; and

(4) All faculty must be qualified academically and professionally for their respective areas of responsibility.

Source: 13 SDR 49, effective October 27, 1986.

General Authority:SDCL 36-9-21, 36-9-45.

Law Implemented:SDCL 36-9-1, 36-9-29, 36-9-32, 36-9-39, 36-9-45, 36-9-47.1, 36-9-47.2, 36-9-58.

CHAPTER 20:48:03.01

LICENSURE OF CLINICAL NURSE SPECIALISTS

Section

20:48:03.01:01 Application for licensure.

20:48:03.01:02 Renewal of licensure.

20:48:03.01:03 Other rules affecting licensure.

20:48:03.01:04 Repealed.

20:48:03.01:01. Application for licensure. An applicant for licensure as a clinical nurse specialist shall file with the board a written application that contains:

(1) Evidence that the applicant has completed an advanced practice program in nursing that awards or confers a graduate degree, post-graduate degree, or post-graduate certificate, with a major in the role and population-focus area of clinical nurse specialist, and is accredited by a nationally recognized nursing accrediting agency approved by the United States Department of Education. An applicant who does not meet the requirement but holds an active, unencumbered license as a clinical nurse specialist in another state, may request review of educational qualifications to meet licensure qualifications in this state;

(2) Evidence that the applicant has passed a board-approved, nationally recognized certification examination that is specific to the applicant’s advanced practice registered nurse role and educational preparation, and maintains current certification;

(3) Evidence that the applicant holds an unencumbered South Dakota registered nurse license or privilege to practice; and

(4) A set of fingerprints on a standard card provided by the board for the purpose of obtaining a state and federal criminal background check through the Division of Criminal Investigation. An authorization and release form must be signed by the applicant authorizing the release of the criminal history record to the board. The fingerprint card, authorization and release form, and fee for the criminal background check must accompany the application for licensure. A permanent license may not be issued until the criminal background check is complete.

The application must be accompanied by the fee required in § 20:48:06:01.

Source: 22 SDR 61, effective November 7, 1995; 26 SDR 174, effective July 4, 2000; 33 SDR 43, effective September 12, 2006; 41 SDR 12, effective July 31, 2014; 48 SDR 40, effective October 5, 2021.

General Authority: SDCL 36-9-21(1), 36-9-86.

Law Implemented: SDCL 36-9-29, 36-9-86, 36-9-97.

Rule 20:48:03.01:02 Renewal of licensure.

20:48:03.01:02. Renewal of licensure. The license of a clinical nurse specialist must be renewed at the same time the registered nurse license is renewed as provided in §§ 20:48:03:09 and 20:48:03:10. The applicant for renewal of licensure must show evidence of a current certificate from a national certifying body unless specifically exempted from certification as set forth in SDCL 36-9-86.

Source: 22 SDR 61, effective November 7, 1995.

General Authority:SDCL 36-9-21, 36-9-45.

Law Implemented:SDCL 36-9-29, 36-9-45, 36-9-86.

20:48:03.01:03. Other rules affecting licensure. Sections 20:48:03:11 to 20:48:03:14.01, inclusive, relating to inactive status, lapse and reinstatement, replacement of license, change of name, and licensure reporting requirements, also apply to a license issued under this chapter.

Source: 22 SDR 61, effective November 7, 1995; 51 SDR 16, effective August 18, 2024.

General Authority: SDCL 36-9-21, 36-9-86.

Law Implemented: SDCL 36-9-29, 36-9-46 to 36-9-47.1, inclusive, 36-9-91.

20:48:03.01:04. Criteria for approval of examinations. Repealed.

Source: 22 SDR 61, effective November 7, 1995; 48 SDR 40, effective October 5, 2021.

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