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ARTICLE 20:48

NURSES

Chapter

20:48:01             Definitions.

20:48:02             General rules affecting board.

20:48:03             Licensing and licenses.

20:48:03.01               Licensure of clinical nurse specialists.

20:48:04             The practice of nursing.

20:48:04.01               Delegation of nursing tasks.

20:48:04.02               Delegation of nursing tasks to dialysis technicians.

20:48:05             Licensure of nurse anesthetists.

20:48:06             Fees required of licensees.

20:48:07             Approval of nursing education programs.

20:48:07.01               Clinical enrichment programs.

20:48:08             Disciplinary proceedings.

20:48:09             Declaratory rulings.

20:48:10             Rules: initiation, repeal, amendment.

20:48:11                    Contested cases.

20:48:12             Continuing education, Repealed.

20:48:13             Nurse education assistance scholarship program.

20:48:14             Nursing corporations.

20:48:15             Nurse licensure compact, Repealed.

20:48:16             Registration of unlicensed assistive personnel.


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CHAPTER 20:48:01

DEFINITIONS

Section

20:48:01:01        Definitions.


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          20:48:01:01.  Definitions. Terms defined in SDCL chapter 36-9 have the same meaning when used in this article. In addition, terms used in this article mean:

 

          (1)  "Adolescent," a person at least 12 years of age but not yet 18;

 

          (2)  "Applicant," a person applying to the board for any purpose relating to that person's licensure or certification by the board;

 

          (3)  "Client," a consumer of nursing care;

 

          (4)  "Clinical enrichment program," any program designed to provide supervised clinical experience based on the nursing process and offered by an employing institution or agency to nursing students outside a formal educational program;

 

          (5)  "Complex nursing situation," a situation in which the client's clinical and behavioral state is not predictable and rapid change in that state is reasonably anticipated;

 

          (6)  "Controlling institution," an educational institution or general hospital under whose auspices a school is organized and operated;

 

          (7)  "Cooperating agency," an institution or agency other than a controlling institution which provides learning resources to a school;

 

          (8)  "Delegation," transferring to a trained individual the authority to perform a specific nursing task in a specific situation;

 

          (9)  "Direct supervision," supervision given by a registered nurse or licensed physician who is physically present in the immediate area where the client is being provided nursing service;

 

          (10)  "Equivalent" or "equivalency," the completion, in a school that is not approved by the board or in a school of another kind, of a program that is substantially equal to the preparation received in an approved school of practical nursing;

 

          (11)  "Licensee," a person who holds a license issued by the board as either a registered or licensed practical nurse, certified registered nurse anesthetist, or clinical nurse specialist;

 

          (12)  "Minimal supervision," supervision given by a registered nurse, licensed physician, or dentist who is physically on the premises where the client is being cared for or readily available by telephone;

 

          (13)  "School," a school that conducts a course of study for the preparation of registered nurses, licensed practical nurses, certified registered nurse anesthetists, clinical nurse specialists, certified nurse midwives, or certified nurse practitioners;

 

          (14)  "Stable nursing situation," a situation in which the client's clinical and behavioral state is known and predictable and no rapid change in that state is reasonably anticipated;

 

          (15)  "Unlicensed assistive personnel," persons not licensed as a nurse under SDCL chapter 36-9 who are trained to assist a licensed nurse in the provision of nursing care to a client as delegated by the nurse and authorized by chapter 20:48:04.01;

 

          (16)  "Registrant," any person who meets the definition of unlicensed assistive personnel and who is registered by the board.

 

          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 109, effective January 9, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 175, effective May 28, 1987; 21 SDR 13, effective August 7, 1994; 26 SDR 174, effective July 4, 2000; 41 SDR 12, effective July 31, 2014; 44 SDR 81, effective November 6, 2017; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21, 36-9A-41.

          Law Implemented: SDCL 36-9-21, 36-9A-21.1.

 


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CHAPTER 20:48:02

GENERAL RULES AFFECTING BOARD

Section

20:48:02:01        Repealed.

20:48:02:02        Filing and notice.

20:48:02:03        Board action.


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          20:48:02:01.  Official office.Repealed.

          Source: SL 1975, ch 16, § 1; 3 SDR 35, effective November 11, 1976; 5 SDR 40, effective November 13, 1978; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986.


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          20:48:02:02.  Filing and notice. When permitted or required by this article, notice shall be filed with or given to the board, unless otherwise specifically provided, in writing addressed to the South Dakota board of nursing and delivered in person or mailed to the board at its principal place of business. The date of filing or notice, unless otherwise specifically provided in this article, is the date upon which the document is received at the principal place of business of the board.

          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 36-9-21.


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          20:48:02:03.  Board action. Any act to be taken by the board pursuant to this article may be performed by number of the board's members or by those officers, employees, agents, or representatives of the board as is provided by SDCL 36-9 and authorized by a majority of the board's membership.

          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 36-9-15, 36-9-16.

          Cross-Reference: Quorum of board, SDCL 36-9-18.


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CHAPTER 20:48:03

LICENSING AND LICENSES

Section

20:48:03:01        Application for licensure by examination.

20:48:03:02        Repealed.

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

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

20:48:03:05        Proctoring the examination.

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

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

20:48:03:08        Temporary permits.

20:48:03:09        Renewal of license.

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

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

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

20:48:03:13        Replacement of license.

20:48:03:14        Evidence of change of name.

20:48:03:15        Repealed.

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

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


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CHAPTER 20:48:03.01

LICENSURE OF CLINICAL NURSE SPECIALISTS

Section

20:48:03.01:01   Approved education programs.

20:48:03.01:02   Renewal of licensure.

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

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


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          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.

 


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

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


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          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.


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          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.


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          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.


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          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.


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          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.

 


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          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.

 


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          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.


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          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.


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          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.


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          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.


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          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.


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          20:48:03:14.  Evidence of change of name. If, for any reason, a change of name occurs, the applicant or licensee shall immediately notify the board by filing a certified copy of the legal instrument which makes the change effective or by filing such other written evidence authenticated to the satisfaction of the board that a change in name has occurred. The board shall, upon payment of the fee prescribed by chapter 20:48:06 and surrender of the certificate of renewal, reissue the licensee's certificate of renewal in the changed name.

          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.

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


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          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.


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          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.


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          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.


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          20:48:03.01:01.  Approved education programs. An applicant for licensure as a clinical nurse specialist shall file with the board a written application that contains evidence that the applicant has completed a graduate program in nursing that is accredited by a nationally recognized accrediting agency approved by the United States Department of Education. The education program must specifically prepare the nurse to function in the clinical nurse specialist role and include a clinical practicum that provides for integration of the functions of the clinical nurse specialist referred to in SDCL subdivision 36-9-87(1). Each applicant for licensure as a clinical nurse specialist 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.

 

          Any person whose education does not meet the requirements of this section before November 1, 1996, must show evidence of a graduate degree in nursing with a clinical component and evidence of clinical practice of at least 520 hours in a 12-month period or an accumulation of at least 1,040 hours during the 3-year period preceding licensure.

 

          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.

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

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

 


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          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.


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          20:48:03.01:03.  Other rules affecting licensure. Sections 20:48:03:11 to 20:48:03:14, inclusive, relating to inactive status, lapse and reinstatement, replacement of license, and change of name, also apply to a license issued under this chapter.

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

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

          Law Implemented:SDCL 36-9-29, 36-9-46 to 36-9-47.1, 36-9-88, 36-9-91.


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          20:48:03.01:04.  Criteria for approval of examinations. The criteria to be used by the board to approve the licensure examinations include:

          (1)  The examination is national in the scope of its credentialing;

          (2)  The examination is based on job analysis or role delineation studies and the examination content is specified in a test plan that is available to the board and examinees;

          (3)  Examination items are reviewed for content validity, cultural sensitivity, and correct scoring;

          (4)  Examinations are evaluated for psychometric performance and the passing standard is established;

          (5)  Examination security is maintained;

          (6)  The eligibility requirements for the examination include a master's degree in nursing; and

          (7)  A program for certification renewal is established.

          If an examination is not available which includes eligibility requirements for a master's degree, the applicant may petition the board for exception to subdivision (6) of this section.

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

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

          Law Implemented:SDCL 36-9-86.


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CHAPTER 20:48:04

THE PRACTICE OF NURSING

Section

20:48:04:01        Scope and standards of nursing practice -- Basic role.

20:48:04:02        Repealed.

20:48:04:02.01   Repealed.

20:48:04:02.02   Repealed.

20:48:04:02.03   Authorization to perform kidney dialysis functions.

20:48:04:02.04   Training program required for a licensed practical nurse to perform kidney dialysis functions.

20:48:04:03        Repealed.

20:48:04:04        Repealed.

20:48:04:05        Repealed.

20:48:04:06        Intravenous therapy functions which may be performed by licensed practical nurses.

20:48:04:07        Intravenous therapy functions which may not be performed by licensed practical nurses.


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CHAPTER 20:48:04.01

DELEGATION OF NURSING TASKS

Section

20:48:04.01:01          General criteria for delegation.

20:48:04.01:02          Supervision.

20:48:04.01:03          Repealed.

20:48:04.01:04          Repealed.

20:48:04.01:05          Repealed.

20:48:04.01:06          Repealed.

20:48:04.01:07          Nursing tasks that may not be delegated.

20:48:04.01:08          Repealed.

20:48:04.01:09          Registration required for delegated medication administration.

20:48:04.01:10          Administration of medications.

20:48:04.01:11          Medication administration tasks that may not be routinely delegated and require written protocol.

20:48:04.01:12          Medication administration tasks that may not be delegated.

20:48:04.01:13          Approval of training program required for delegated medication administration.

20:48:04.01:14          Standards for approval of medication administration training programs.

20:48:04.01:15          Medication administration curriculum.

20:48:04.01:16          Written protocol required for the delegation of insulin administration by the subcutaneous route to unlicensed assistive personnel.

20:48:04.01:17          Qualifications of the registered nurse for delegation of insulin administration by the subcutaneous route to unlicensed assistive personnel.


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CHAPTER 20:48:04.02

 

DELEGATION OF NURSING TASKS TO DIALYSIS TECHNICIANS

Section

20:48:04.02:01   Definition of dialysis technician.

20:48:04.02:02   Definition of end stage renal disease.

20:48:04.02:03   Additional functions performed by licensed practical nurse in kidney dialysis.

20:48:04.02:04   Training and registration required for dialysis technician.

20:48:04.02:05   Nursing tasks that may be delegated to dialysis technician.

20:48:04.02:06   Nursing tasks that may not be delegated to dialysis technician.

20:48:04.02:07   Approval of training program required for delegated nursing dialysis tasks.

20:48:04.02:08   Standards for approval of training programs for dialysis technicians.

20:48:04.02:09   Dialysis technician training curriculum.


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          20:48:04:01.  Scope and standards of nursing practice -- Basic role. The scope of practice of the registered nurse and the licensed practical nurse is dependent upon each nurse's basic education and demonstrated competence in additional skills acquired through in-service, continuing education, or graduate studies. A licensee is personally responsible for the actions that the licensee performs relating to the nursing care furnished to clients and cannot avoid this responsibility by accepting the orders or directions of another person.

 

          The following are the standards of nursing practice:

 

          (1)  For the registered nurse:

 

               (a)  The registered nurse shall utilize the following recurring nursing process:

 

                      (i)         Make nursing assessments regarding the health status of the client;

                      (ii) Make nursing diagnoses which serve as the basis for the strategy of care;

                      (iii)       Develop a plan of care based on assessment and nursing diagnosis;

                      (iv)       Implement nursing care; and

                      (v)        Evaluate responses to nursing interventions;

 

               (b)  The registered nurse shall recognize and understand the legal implications of delegation and supervision. The nurse may delegate to another only those nursing interventions which that person is prepared or qualified to perform and shall provide minimal or direct supervision to others to whom nursing interventions are delegated. The registered nurse may only delegate nursing tasks to unlicensed assistive personnel in accordance with the standards in chapter 20:48:04.01;

 

               (c)  When providing preventive, restorative, and supportive care, the registered nurse may determine and place durable medical equipment or therapeutic devices necessary to implement the overall nursing plan of care; and

 

               (d)  The board recognizes Nursing: Scope and Standards of Practice, 2004, and the Guide to the Code of Ethics for Nurses: Interpretation and Analysis, 2008, as published by the American Nurses Association as the criteria for assuring safe and effective practice following licensure;

 

          (2)  For the licensed practical nurse:

 

               (a)  The licensed practical nurse shall assist the registered nurse or physician in the recurring nursing process as follows:

 

                      (i)         Contribute to the nursing assessment;

                      (ii) Participate in the development of the nursing diagnoses;

                      (iii)       Participate in care planning;

                      (iv)       Participate in the implementation of nursing interventions;

                      (v)        Contribute to the evaluation of responses to nursing interventions;

 

               (b)  The licensed practical nurse may practice as follows in two general settings:

 

                      (i)         With at least minimal supervision when providing nursing care in a stable nursing situation; and

                      (ii) With direct supervision when providing nursing care in a complex nursing situation;

 

               (c)  The licensed practical nurse may perform the intravenous therapy functions defined in § 20:48:04:06, with demonstrated competence acquired through basic nursing education or in-service training or other forms of continuing education;

 

               (d)  The licensed practical nurse shall consult with a registered nurse or other health team members and seek guidance as necessary and shall obtain instruction and supervision as necessary;

 

               (e)  The licensed practical nurse may only delegate nursing tasks to unlicensed assistive personnel in accordance with the standards in chapter 20:48:04.01; and

 

               (f)  The board recognizes the NAPNES Standards of Practice and Educational Competencies of Graduates of Practical/Vocational Nursing Programs, 2007, as published by the National Association for Practical Nurse Education and Service as the criteria for assuring safe and effective practice following licensure.

 

          Source: SL 1975, ch 16, § 1; 3 SDR 35, effective November 11, 1976; 12 SDR 109, effective January 9, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 23, effective August 29, 1995; 26 SDR 174, effective July 4, 2000; 33 SDR 43, effective September 12, 2006; 41 SDR 12, effective July 31, 2014.

          General Authority: SDCL 36-9-21.

          Law Implemented: SDCL 36-9-3, 36-9-4.

 

          References:

          1.  Nursing: Scope and Standards of Practice, 2004 edition, American Nurses Association. Copies may be obtained from American Nurses Publishing, 8515 Georgia Avenue, Suite 400, Silver Spring, MD 20910-3492.

 

          2.  Guide to the Code of Ethics for Nurses: Interpretation and Application, 2008 edition, American Nurses Association. Copies may be obtained from American Nurses Publishing, 8515 Georgia Avenue, Suite 400, Silver Spring, MD 20910-3492.

 

          3.  NAPNES Standards of Practice and Educational Competencies of Graduates of Practical/Vocational Nurses, 2007 edition, National Association for Practical Nurse Education and Service, Inc. Copies may be obtained from the National Association for Practical Nurse Education and Service, Inc., www.napnes.org.

 

          Declaratory Rulings:

          Instructing patient on routine measures for taking care of her condition does not constitute the practice of medicine and is not grounds for disciplinary action even if the information and recommendations provided are in excess of, or different from, the information and recommendations given by the patient's physician, so long as the nurse did not, on her own, treat the symptoms or disease. South Dakota Board of Nursing Declaratory Ruling No. 80-1.

 

          A nurse must exercise professional judgment when a physician transmits orders through a third party, who may or may not be unlicensed, via telephone or otherwise. If an order is transmitted through a third party, all persons, including the third party, must be identified by name and title before the order may be implemented. South Dakota Board of Nursing Declaratory Ruling 87-1.

 

          Although registered nurses, under the direction of a physician, may administer narcotics, analgesics, sedatives, and tranquilizing medications to patients, registered nurses may not administer any medication for the purpose of inducing general anesthesia. It is not within the authority of the board to determine how or for what purpose a specific drug with multiple uses is being administered at any given time. Institutional or agency protocol must address this. South Dakota Board of Nursing Declaratory Ruling 89-1.

 

          Homemakers employed by the Department of Social Services or its contractors may provide assistance with the self-administration of medications to clients who are mentally capable of self-directing their care and who reside in their own home or reside in adult foster care or an assisted living center if the homemakers are trained as homemakers, are placed by an agency, and are under the supervision of a professional social worker or nurse as appropriate and if the assistance is limited to reminding the client to take a medication at a prescribed time, opening and closing a medication container, and returning a medication container to the proper storage area. Services provided under the conditions described are not dependent upon licensure in nursing. South Dakota Board of Nursing Declaratory Ruling 92-1.

 


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          20:48:04:02.  Additional functions which may be performed by licensed practical nurses.Repealed.

          Source: SL 1975, ch 16, § 1;  3 SDR 35, effective November 11, 1976; 6 SDR 88, effective March 3, 1980; 12 SDR 109, effective January 9, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 159, effective April 5, 1994; 22 SDR 23, effective August 29, 1995; repealed, 26 SDR 174, effective July 4, 2000.


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          20:48:04:02.01.  Outline of course for preparation of licensed practical nurses for kidney dialysis functions. Repealed.

 

          Source: 13 SDR 49, effective October 27, 1986; 26 SDR 174, effective July 4, 2000; repealed, 41 SDR 12, effective July 31, 2014.

 


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          20:48:04:02.02.  Criteria for approval of course for preparation of licensed practical nurses for kidney dialysis functions. Repealed.

 

          Source: 13 SDR 49, effective October 27, 1986; 20 SDR 159, effective April 5, 1994; 22 SDR 23, effective August 29, 1995; 26 SDR 174, effective July 4, 2000; repealed, 41 SDR 12, effective July 31, 2014.

 


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          20:48:04:02.03.  Authorization to perform kidney dialysis functions. A licensed practical nurse may perform kidney dialysis functions if the licensed practical nurse has completed a course on kidney dialysis that includes the following content:

 

          (1)  Anatomy and physiology;

          (2)  Assessment;

          (3)  Problem identification;

          (4)  Goals of care;

          (5)  Purposes and procedures;

          (6)  Complications;

          (7)  Evaluation and documentation.

 

          The course must be taught by a licensed registered nurse with a minimum of two years kidney dialysis experience. Evaluation procedures for the course must include a final written examination and a demonstration of clinical skills. Supervised clinical practice and verification of clinical competence by a licensed registered nurse must follow the course content.

 

          Source: 13 SDR 49, effective October 27, 1986; 26 SDR 174, effective July 4, 2000; 41 SDR 12, effective July 31, 2014.

          General Authority: SDCL 36-9-4.1, 36-9-21.

          Law Implemented: SDCL 36-9-4.1, 36-9-21.

 


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          20:48:04:02.04.  Training program required for a licensed practical nurse to perform kidney dialysis functions. A licensed practical nurse must complete a curriculum, which has been approved by the board pursuant to § 20:48:04:02.02, before performing kidney dialysis functions.

          Source: 26 SDR 174, effective July 4, 2000.

          General Authority:SDCL 36-9-4.1, 36-9-21.

          Law Implemented:SDCL 36-9-4.1, 36-9-21.


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          20:48:04:03.  Recommendations of South Dakota joint practice commission.Repealed.

          Source: 3 SDR 35, effective November 11, 1976; repealed, 6 SDR 88, effective March 3, 1980.


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          20:48:04:04.  Settings permitted for performance of overlapping functions.Repealed.

          Source: 3 SDR 35, effective November 11, 1976; repealed, 6 SDR 88, effective March 3, 1980.


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          20:48:04:05.  Intravenous therapy functions which may not be performed by licensed practical nurses.Repealed.

          Source: 20 SDR 159, effective April 5, 1994; repealed, 26 SDR 174, effective July 4, 2000.


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          20:48:04:06.  Intravenous therapy functions which may be performed by licensed practical nurses. A licensed practical nurse may perform the following intravenous therapy functions:

          (1)  Peripheral intravenous therapy to adults and adolescents, as follows:

               (a)  Perform venipuncture to administer intravenous fluids in peripheral veins, excluding midline catheters;

               (b)  Assemble and maintain equipment for:

                      (i)         Gravity drip infusion; and

                      (ii)Electronic controlling devices, excluding client-controlled devices;

               (c)  Calculate and adjust infusion rates using standard formulas;

               (d)  Perform routine intravenous tubing set changes;

               (e)  Administer, by peripheral route, standard solutions at a defined flow rate, with or without admixtures, mixed and labeled by a pharmacist, registered nurse, or physician. The admixture, potassium chloride, may not be administered at a concentration that exceeds 20 meq/liter or at a rate that exceeds 10 meq/hour;

               (f)  Administer vitamins, antibiotics, corticosteroids, and H2 antagonists by the intravenous piggyback route, that are mixed and labeled by a pharmacist, registered nurse, or physician, excluding the first dose which must be administered by a registered nurse;

               (g)  Convert and flush heparin or saline intermittent infusion devices;

               (h)  Perform routine intravenous site dressing changes;

               (i)  Discontinue peripheral intravenous therapy, excluding midline catheters;

          (2)  Intravenous therapy via an externally accessed centrally placed catheter to adults and adolescents, as follows:

               (a)  Assemble and maintain equipment for:

                      (i)         Gravity drip infusion; and

                      (ii)Electronic controlling devices, excluding client-controlled devices;

               (b)  Calculate and adjust infusion rates using standard formulas;

               (c)  Perform routine intravenous tubing set changes;

               (d)  Administer standard solutions at a defined flow rate, with or without admixtures, mixed and labeled by a pharmacist, registered nurse, or physician. The admixture, potassium chloride, may not be administered at a concentration that exceeds 20 meq/liter or at a rate that exceeds 10 meq/hour;

               (e)  Administer vitamins, antibiotics, corticosteroids, and H2 antagonists by the intravenous piggyback route, that are mixed and labeled by a pharmacist, registered nurse, or physician, excluding the first dose which must be administered by a registered nurse;

               (f)  Perform routine heparin or saline flushes; and

               (g)  Perform central line dressing changes.

          Source: 26 SDR 174, effective July 4, 2000.

          General Authority:SDCL 36-9-21.

          Law Implemented:SDCL 36-9-1.1, 36-9-4.


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          20:48:04:07.  Intravenous therapy functions which may not be performed by licensed practical nurses. A licensed practical nurse may not perform the following intravenous therapy functions:

          (1)  Administration of medications by direct intravenous push or bolus route;

          (2)  Administration of blood or blood products, fat emulsions, total parenteral nutrition, or chemotherapy;

          (3)  Administration of any medications by intravenous route not authorized by § 20:48:04:06.

          Source: 26 SDR 174, effective July 4, 2000.

          General Authority:SDCL 36-9-21.

          Law Implemented:SDCL 36-9-1.1, 36-9-4.


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          20:48:04.01:01.  General criteria for delegation. The registered nurse is responsible for the nature and quality of nursing care that a client receives under the nurse's direction. To achieve full utilization of the services of a registered nurse or a licensed practical nurse, the licensed nurse may delegate selected nursing tasks to unlicensed assistive personnel. Unlicensed assistive personnel may complement the licensed nurse in the performance of nursing functions but may not substitute for the licensed nurse. Unlicensed assistive personnel may not redelegate a delegated act.

          A licensed nurse is accountable to practice in accordance with the scope of practice as defined in SDCL chapter 36-9. The delegating nurse is accountable for assessing a situation and making the final decision to delegate. The delegation of nursing tasks to unlicensed assistive personnel must comply with the following criteria:

          (1)  The nursing task is one that a reasonable and prudent licensed nurse would find within the scope of sound nursing judgment to delegate;

          (2)  The nursing task is one that, in the opinion of the delegating licensed nurse, can be properly and safely performed by unlicensed assistive personnel without jeopardizing the client's welfare;

          (3)  The nursing task does not require unlicensed assistive personnel to exercise nursing judgment;

          (4)  The licensed nurse evaluates the client's nursing care needs before delegating the nursing task;

          (5)  The licensed nurse verifies that the unlicensed person is competent to perform the nursing task; and

          (6)  The licensed nurse supervises the performance of the delegated nursing task in accordance with the requirements of §20:48:04.01:02.

          Source: 21 SDR 13, effective August 7, 1994; 26 SDR 174, effective July 4, 2000.

          General Authority:SDCL 13-33A-2, 36-9-21.

          Law Implemented:SDCL 13-33A-1, 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.


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          20:48:04.01:02.  Supervision. The licensed nurse shall provide supervision of all nursing tasks delegated to unlicensed assistive personnel in accordance with the following conditions:

          (1)  The licensed nurse determines the degree of supervision required after considering the following:

               (a)  The stability of the client's condition;

               (b)  The competency of the unlicensed person to whom the nursing task is delegated;

               (c)  The nature of the nursing task being delegated; and

               (d)  The proximity and availability of the licensed nurse to the unlicensed person when the nursing task will be performed;

          (2)  The delegating licensed nurse or another licensed nurse is readily available either in person or by telecommunication; and

          (3)  If the unlicensed person is providing care in the client's home, the time interval between supervisory visits and whether the visit is conducted in person or via telecommunication is determined by the licensed nurse in accordance with § 20:48:04.01:01. The visit shall occur no less than once every 60 days to assure client safety.

          Source: 21 SDR 13, effective August 7, 1994; 26 SDR 174, effective July 4, 2000.

          General Authority:SDCL 13-33A-2, 36-9-21.

          Law Implemented:SDCL 13-33A-1, 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.


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          20:48:04.01:03.  Definition of assistance with self-administration of medications.Repealed.

          Source: 21 SDR 13, effective August 7, 1994; repealed, 26 SDR 174, effective July 4, 2000.


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          20:48:04.01:04.  Nursing tasks that may routinely be delegated.Repealed.

          Source: 21 SDR 13, effective August 7, 1994; repealed, 26 SDR 174, effective July 4, 2000.


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          20:48:04.01:05.  Criteria for the delegation of nursing tasks that may not be routinely delegated.Repealed.

          Source: 21 SDR 13, effective August 7, 1994; repealed, 26 SDR 174, effective July 4, 2000.


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          20:48:04.01:06.  Nursing tasks that may not be routinely delegated.Repealed.

          Source: 21 SDR 13, effective August 7, 1994; repealed, 26 SDR 174, effective July 4, 2000.


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          20:48:04.01:07.  Nursing tasks that may not be delegated. The following are nursing tasks that a licensed nurse may not delegate to unlicensed assistive personnel:

          (1)  Assessments which require professional nursing judgment, intervention, referral, or follow-up;

          (2)  Formulation of the plan or nursing care and evaluation of the client's response to the care rendered;

          (3)  Specific tasks involved in the implementation of the plan of care which require nursing judgment or intervention, such as sterile procedures involving a wound or anatomical site which could potentially become infected; nasogastric tube feeding; nasogastric, jejunostomy and gastrostomy tube insertion or removal; tracheostomy care and suctioning and suprapubic catheter insertion and removal, with the exception of urinary foley catheterization;

          (4)  Administration of medications, except as permitted by §§ 20:48:04.01:10 and 20:48:04.01:11;

          (5)  Receiving telephone orders; and

          (6)  Health counseling and health teaching.

          Source: 21 SDR 13, effective August 7, 1994; 26 SDR 174, effective July 4, 2000.

          General Authority:SDCL 13-33A-2, 36-9-21.

          Law Implemented:SDCL 13-33A-1, 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.


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          20:48:04.01:08.  Client education.Repealed.

          Source: 21 SDR 13, effective August 7, 1994; repealed, 26 SDR 174, effective July 4, 2000.


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          20:48:04.01:09.  Registration required for delegated medication administration. A licensed nurse may delegate the administration of medications authorized under §§ 20:48:04.01:10 and 20:48:04.01:11 only to unlicensed assistive personnel who have a minimum of a high school education or the equivalent and who are registered with the Board. Registry status expires two years from the date of initial registration.

 

          Source: 21 SDR 13, effective August 7, 1994; 41 SDR 12, effective July 31, 2014.

          General Authority: SDCL 13-33A-2, 36-9-21.

          Law Implemented: SDCL 13-33A-1, 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.

 


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          20:48:04.01:10.  Administration of medications. The licensed nurse may delegate the following medication administration tasks to unlicensed assistive personnel that have successfully completed the curriculum identified in § 20:48:04.01:15:

          (1)  Administration of scheduled medications by oral, rectal, topical, vaginal, or inhalation route;

          (2)  Measuring of a prescribed amount of liquid medication or crushing a tablet for administration if the licensed nurse has calculated the dose; and

          (3)  Administration of schedule II controlled substances listed in SDCL 34-20B-16 and 34-20B-17 which have been prescribed and labeled in a container for a specific client.

          Source: 21 SDR 13, effective August 7, 1994; 26 SDR 174, effective July 4, 2000.

          General Authority:SDCL 13-33A-2, 36-9-21.

          Law Implemented:SDCL 13-33A-1, 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.


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          20:48:04.01:11.  Medication administration tasks that may not be routinely delegated and require written protocol. The following are medication administration tasks that may be delegated to unlicensed assistive personnel only in accordance with § 20:48:04.01:01:

 

          (1)  Administration of the initial dose of a medication that has not been previously administered to the client;

 

          (2)  Administration of medications on an as-needed basis, including schedule II controlled substances listed in SDCL 34-20B-16 and 34-20B-17 as provided in subdivision 20:48:04.01:10(3); and

 

          (3)  Administration of insulin by the subcutaneous route in accordance with §§ 20:48:04.01:16 and 20:48:04.01:17.

 

          A registered nurse shall develop written protocol for the instruction and training of unlicensed assistive personnel and maintain the protocol on file.

 

          Source: 21 SDR 13, effective August 7, 1994; 26 SDR 174, effective July 4, 2000; 41 SDR 12, effective July 31, 2014.

          General Authority: SDCL 13-33A-2, 36-9-21.

          Law Implemented: SDCL 13-33A-1, 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.

 


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          20:48:04.01:12.  Medication administration tasks that may not be delegated. The licensed nurse may not delegate the following tasks of medication administration:

 

          (1)  Administration of schedule II controlled substances listed in SDCL 34-20B-16 and 34-20B-17 from a locked stock supply;

 

          (2)  Administration of medications by subcutaneous, intramuscular, intradermal, or intravenous route except as authorized in § 20:48:04.01:11;

 

          (3)  Administration of medications by way of a tube inserted in a cavity of the body;

 

          (4)  Administration of medications via inhalation route in a complex nursing situation as defined in § 20:48:01:01; and

 

          (5)  Calculation of any medication dose.

 

          Source: 21 SDR 13, effective August 7, 1994; 26 SDR 174, effective July 4, 2000; 28 SDR 36, effective September 18, 2001; 41 SDR 12, effective July 31, 2014.

          General Authority: SDCL 13-33A-2, 36-9-21(4).

          Law Implemented: SDCL 13-33A-1, 36-9-3(2), 36-9-4(4), 36-9-4.1(2), 36-9-21(4).

 


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          20:48:04.01:13.  Approval of training program required for delegated medication administration. Medication administration as outlined in § 20:48:04.01:10 may be delegated only to those individuals who have successfully completed a training program approved by the board pursuant to §§ 20:48:04.01:14 and 20:48:04.01:15. Approval of the training program must be renewed every two years.

 

          Source: 21 SDR 13, effective August 7, 1994; 41 SDR 12, effective July 31, 2014.

          General Authority: SDCL 13-33A-2, 36-9-21.

          Law Implemented: SDCL 13-33A-1, 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.

 


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          20:48:04.01:14.  Standards for approval of medication administration training programs. An institution or individual desiring to offer a training program for delegated medication administration for unlicensed assistive personnel must submit an application for approval to the board. The board may grant approval to an applicant training program upon proof that the training program meets the following requirements:

 

          (1)  The training program is based on the training curriculum outlined in § 20:48:04.01:15 and includes no less than 16 hours of classroom instruction and an additional 4 hours of clinical or laboratory instruction;

 

          (2)  The person teaching a training program is a registered nurse who is currently licensed as a registered nurse in South Dakota and has a minimum of two years of clinical nursing experience;

 

          (3)  The faculty-to-student ratio does not exceed 1:8 in the clinical setting. A 1:1 ratio is required for skills performance evaluation;

 

          (4)  A skills performance evaluation must be conducted utilizing a Board approved competency checklist;

 

          (5)  Successful completion of a Board approved written examination. A passing score of 85 percent is required on the test with an opportunity to retake the test one time. If a student fails on retake, additional instruction is required before further testing is allowed;

 

          (6)  A completion certificate is awarded to a person who has successfully completed the training program. The certificate must include the name and location of the institution, the length of the program, the date of completion, the full name of the person who completed the program, the signature of the faculty member in charge of the course, and the date the certificate was awarded; and

 

          (7)  Records are maintained which include documentation of the following:

 

               (a)  Each person enrolled in the program, including documentation of performance and the date and reason the person withdrew or the date the person failed or completed the program;

               (b)  Each faculty member teaching the program, including qualifications and nursing experience;

               (c)  The curriculum plan and revisions;

               (d)  All tests administered; and

               (e)  A list of graduates of the program who were awarded certificates and the date of the award.

 

          The training program must submit an evaluation of the curriculum and program standards for compliance with this section to the board every two years in order to maintain approval.

 

          Source: 21 SDR 13, effective August 7, 1994; 41 SDR 12, effective July 31, 2014.

          General Authority: SDCL 13-33A-2, 36-9-21.

          Law Implemented: SDCL 13-33A-1, 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.

 


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          20:48:04.01:15.  Medication administration curriculum. The training curriculum for delegated medication administration must include:

 

          (1)  General information relevant to the administration of medications, including:

 

               (a)  Governmental regulations related to the practice of nursing, the administration of medication, and the storage, administration, and recording of controlled substances;

               (b)  Ethical issues;

               (c)  Terminology, abbreviations, and symbols;

               (d)  Medication administration systems;

               (e)  Forms of medication;

               (f)  Procedures and routes of medication administration;

               (g)  Medication references available;

               (h)  The role of unlicensed assistance personnel in administering medications;

               (i)  The rights of medication administration: right patient, right medication, right dose, right time, right route, right documentation; and

               (j)  Infection control policies and procedures;

 

          (2)  An overview of the major categories of medications related to the body systems, including:

 

               (a)  Cardiovascular;

               (b)  Endocrine;

               (c)  Gastrointestinal;

               (d)  Integumentary;

               (e)  Musculoskeletal;

               (f)  Nervous;

               (g)  Reproductive;

               (h)  Respiratory;

               (i)  Sensory;

               (j)  Urinary; and

               (k)  Immune;

 

          (3)  Additional instruction shall include those categories of medications relevant to the health care setting where the unlicensed person will be employed; and

 

          (4)  Clinical or laboratory instruction for the purpose of demonstration of medication administration and evaluation of individual competence.

 

          Source: 21 SDR 13, effective August 7, 1994; 26 SDR 174, effective July 4, 2000; 41 SDR 12, effective July 31, 2014.

          General Authority: SDCL 13-33A-2, 36-9-21.

          Law Implemented: SDCL 13-33A-1, 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.

 


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          20:48:04.01:16.  Written protocol required for the delegation of insulin administration by the subcutaneous route to unlicensed assistive personnel. A written protocol for the delegation of insulin administration by the subcutaneous route to unlicensed assistive personnel is required prior to delegation by the registered nurse. The registered nurse must ensure that the following requirements are included in the protocol and are completed by the unlicensed assistive personnel:

 

          (1)  Completion of a five hour Board approved training in the following areas:

 

               (a)  Diabetes basics;

               (b)  Hypoglycemia;

               (c)  Hyperglycemia;

               (d)  Blood glucose monitoring;

               (e)  Glucagon administration;

               (f)  Insulin types and methods of administration;

               (g)  Nutrition and physical activity;

               (h)  Documentation;

               (i)  Universal precautions;

 

          (2)  Successful completion of a Board approved written examination. A passing score of 85 percent is required on the test with an opportunity to retake the test one time. If a student fails on retake, additional instruction is required before further testing is allowed;

 

          (3)  Completion of minimum of five hours of clinical or laboratory instruction including the demonstration of individual competence utilizing a Board approved competency checklist in the following areas:

 

               (a)  Blood glucose monitoring;

               (b)  Insulin administration;

               (c)  Glucagon administration;

               (d)  Carbohydrate counting/diet management;

               (e)  Universal precautions;

 

          (4)  Annual review of individual competence as identified in subdivision 20:48:04.01:16(3); and

 

          (5)  Current registration with the Board.

 

          Source: 41 SDR 12, effective July 31, 2014.

          General Authority: SDCL 13-33A-2, 36-9-21.

          Law Implemented: SDCL 13-33A-1, 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.

 


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          20:48:04.01:17.  Qualifications of the registered nurse for delegation of insulin administration by the subcutaneous route to unlicensed assistive personnel. A registered nurse must meet the following criteria in order to delegate insulin administration by the subcutaneous route to unlicensed assistive personnel in accordance with §§ 20:48:04.01:11 and 20:48:04.01:16:

 

          (1)  Hold an active registered nurse license or privilege to practice in the state of South Dakota;

 

          (2)  Have two years of clinical nursing experience;

 

          (3)  Have written evidence to support demonstrated competence in the area of diabetes management in the past five years or completion of a diabetes train the trainer program approved by the Board; or

 

          (4)  Hold current specialty certification as a Certified Diabetes Educator (CDE).

 

          Source: 41 SDR 12, effective July 31, 2014.

          General Authority: SDCL 13-33A-2, 36-9-21.

          Law Implemented: SDCL 13-33A-1, 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.

 


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          20:48:04.02:01.  Definition of dialysis technician. A dialysis technician is an individual who is not licensed as a nurse under SDCL chapter 36-9 but is trained to assist a nurse in outpatient hemodialysis units with the provision of basic clinical and technical tasks in the care of clients with end stage renal disease as delegated by the nurse and authorized by this chapter.

          Source: 24 SDR 165, effective June 1, 1998.

          General Authority:SDCL 36-9-21.

          Law Implemented:SDCL 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.


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          20:48:04.02:02.  Definition of end stage renal disease. End stage renal disease is the stage of renal impairment that appears to be irreversible and permanent, and requires a regular course of dialysis or kidney transplantation to maintain life.

          Source: 24 SDR 165, effective June 1, 1998.

          General Authority:SDCL 36-9-21.

          Law Implemented:SDCL 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.


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          20:48:04.02:03.  Additional functions performed by licensed practical nurse in kidney dialysis. Nothing in this chapter may be construed to affect the practice of the licensed practical nurse performing additional specialized nursing functions in kidney dialysis pursuant to § 20:48:04:02.03.

          Source: 24 SDR 165, effective June 1, 1998; 26 SDR 174, effective July 4, 2000.

          General Authority:SDCL 36-9-21.

          Law Implemented:SDCL 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.


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          20:48:04.02:04.  Training and registration required for dialysis technician. A licensed nurse may delegate selected tasks of hemodialysis authorized under this chapter to a dialysis technician who has a minimum of a high school education or the equivalent and who has completed the training outlined in § 20:48:04.02:09, and who is registered as a dialysis technician with the Board.

 

          Source: 24 SDR 165, effective June 1, 1998; 41 SDR 12, effective July 31, 2014.

          General Authority: SDCL 36-9-21.

          Law Implemented: SDCL 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.

 


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          20:48:04.02:05.  Nursing tasks that may be delegated to dialysis technician. The following nursing tasks may be delegated to a dialysis technician, if the delegation is in compliance with the general criteria for delegation and supervision set forth in §§ 20:48:04.01:01 and 20:48:04.01:02, respectively, and a licensed nurse is physically present in the dialysis unit:

          (1)  Assemble any necessary supplies at the bedside;

          (2)  Rinse and prime dialyzer and attach and install all required tubing according to dialysis prescription and unit protocol. Test and set monitors and alarms according to unit protocol;

          (3)  Obtain pre-dialysis vital signs, weight, and temperature and inform registered nurse of abnormal or unusual findings;

          (4)  Inspect access site and report condition to registered nurse;

          (5)  Perform venipuncture to initiate dialysis including the administration of local anesthetics by the intradermal, subcutaneous, or topical routes;

          (6)  Obtain blood samples and blood cultures from peripheral blood lines, access site, or graft;

          (7)  Administer loading and maintenance doses of heparin according to prescribed protocol. May perform clotting times and shall report results to the registered nurse;

          (8)  Measure and adjust blood flow rates according to prescribed protocol;

          (9)  Calculate, determine, and adjust fluid removal rates according to prescribed protocol;

          (10)  Monitor and record dialysis treatment parameters and make treatment adjustments including dialysis equipment settings, client positioning, and the administration of normal and hypertonic saline, as directed by the registered nurse. Report all changes to the registered nurse;

          (11)  Monitor equipment for safe and proper functioning, respond to alarms, and make appropriate adjustments;

          (12)  Initiate cardiopulmonary resuscitation measures in the event of a cardiac and/or pulmonary emergency. Respond to dialysis-related emergencies immediately seeking assistance from the registered nurse;

          (13)  Discontinue dialysis and establish hemostasis upon direction of the registered nurse;

          (14)  Inspect, clean, and dress access according to unit protocol, reporting any unusual finding or occurrence to the registered nurse; and

          (15)  Discard dialysis supplies and sanitize equipment.

          Source: 24 SDR 165, effective June 1, 1998.

          General Authority:SDCL 36-9-21.

          Law Implemented:SDCL 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.


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          20:48:04.02:06.  Nursing tasks that may not be delegated to dialysis technician. The following are nursing tasks that may not be delegated to a dialysis technician:

          (1)  Initiation or termination of dialysis via a central catheter;

          (2)  Administration of intravenous medications, other than normal saline, hypertonic saline, or heparin, which may only be administered in the course of a routine hemodialysis treatment. The administration of medications by the oral, topical, or rectal route may be delegated only in accordance with §§ 20:48:04.01:09 to 20:48:04.01:13, inclusive;

          (3)  Administration of blood or blood products; and

          (4)  Acceptance of physician orders.

          Source: 24 SDR 165, effective June 1, 1998.

          General Authority:SDCL 36-9-21.

          Law Implemented:SDCL 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.


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          20:48:04.02:07.  Approval of training program required for delegated nursing dialysis tasks. Selected tasks of hemodialysis therapy may be delegated only to a dialysis technician who has successfully completed a training program approved by the board pursuant to § 20:48:04.02:08. Approval of the training program must be renewed every two years.

          Source: 24 SDR 165, effective June 1, 1998.

          General Authority:SDCL 36-9-21.

          Law Implemented:SDCL 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.


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          20:48:04.02:08.  Standards for approval of training programs for dialysis technicians. An institution or individual desiring to offer a training program for dialysis technicians must submit an application for approval to the board. The board shall approve a training program upon proof that the training program meets the following requirements:

          (1)  The training program is based on the training curriculum outlined in § 20:48:04.02:09 and includes no less than 80 hours of classroom instruction and an additional 200 hours of clinical or laboratory instruction;

          (2)  The person teaching the training program is currently licensed as a registered nurse in South Dakota and has a minimum of two years of clinical nursing experience and a minimum of one year of experience in hemodialysis. A person currently licensed as a practical nurse in South Dakota with a minimum of two years of clinical nursing experience and a minimum of one year experience in hemodialysis may assist in classroom instruction and serve as a preceptor in the clinical portion of the training program;

          (3)  The faculty to student ratio does not exceed 1:2 in the clinical setting. A 1:1 ratio is required for a skills performance evaluation;

          (4)  Written tests are developed for each unit in the curriculum, including a final test. A skills performance evaluation must be conducted;

          (5)  A score of 85 percent or greater is required on each unit test with an opportunity to retake each unit test one time without additional instruction. If the student fails a unit test a second time, additional instruction is required before further testing is allowed:

          (6)  A completion certificate is awarded to a student who has successfully completed the training program. The certificate must include the name and location of the institution, the length of the program, the date of completion, the full name of the student who completed the program, the signature of the individual in charge of the course, and the date the certificate was awarded; and

          (7)  Records are maintained which include documentation of the following:

               (a)  Each student enrolled in the program, including documentation of performance, and the date and reason the student withdrew or the date the student failed or completed the program;

               (b)  Each individual teaching the program, including qualifications and nursing experience;

               (c)  The curriculum plan and revisions;

               (d)  Any test administered; and

               (e)  A list of graduates of the program who were awarded certificates and the date of the award.

          The institution or individual offering the training program shall submit an evaluation of the curriculum and program standards for compliance with this section to the board every two years in order to maintain approval.

          Source: 24 SDR 165, effective June 1, 1998.

          General Authority:SDCL 36-9-21.

          Law Implemented:SDCL 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.


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          20:48:04.02:09.  Dialysis technician training curriculum. The training program for dialysis technicians must include:

          (1)  General information relevant to the performance of selected hemodialysis tasks including:

               (a)  Governmental regulations related to end stage renal disease, the practice of nursing, and delegation;

               (b)  The role of the dialysis technician in hemodialysis;

               (c)  Ethical issues;

               (d)  Client rights and responsibilities;

               (e)  Terminology, abbreviations, and symbols;

               (f)  Basic client care skills including the collection of vital signs, weight, intake, and output;

               (g)  Universal precautions and aseptic technique;

               (h)  Quality assurance and continuous quality improvement; and

               (i)  Documentation;

          (2)  Renal anatomy and physiology;

          (3)  End stage renal disease and treatments;

          (4)  Principles of hemodialysis;

          (5)  Hemodialysis procedures;

          (6)  Access procedures;

          (7)  Laboratory procedures;

          (8)  Administration of lidocaine, heparin, and saline;

          (9)  Identification of and response to hemodialysis-related emergencies;

          (10)  Discontinuing hemodialysis;

          (11)  Reprocessing and reuse; and

          (12)  Clinical or laboratory instruction for the purpose of demonstration of selected tasks of hemodialysis and evaluation of individual competence.

          Source: 24 SDR 165, effective June 1, 1998.

          General Authority:SDCL 36-9-21.

          Law Implemented:SDCL 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.

 


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CHAPTER 20:48:05

LICENSURE OF NURSE ANESTHETISTS

Section

20:48:05:01        Licensure of registered nurse anesthetist.

20:48:05:02        Repealed.

20:48:05:03        Repealed.

20:48:05:04        Repealed.

20:48:05:05        Temporary permit prior to licensure as nurse anesthetist.

20:48:05:06        Renewal of licensure.

20:48:05:07        Other rules affecting licensure.

20:48:05:08        Repealed.


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          20:48:05:01.  Licensure of registered nurse anesthetist. An applicant for licensure as a certified registered nurse anesthetist shall apply on the form provided by the board. The applicant shall provide written evidence that the applicant has completed an approved program of nurse anesthesia accredited by the Council on Accreditation of Nurse Anesthesia Educational Programs. The applicant shall provide written evidence that the applicant has passed a board-approved examination that has been validated and scored in accordance with generally accepted testing procedures. Applicants who have taken the qualifying examinations from January 1, 1983, to November 30, 1987, inclusive, shall provide written evidence that the applicant has passed, with a score of at least 175, a board-approved examination that has been validated in accordance with generally accepted testing procedures. Those applicants who have taken the qualifying examinations prior to 1983 must show proof of passing the examination and evidence of meeting recertification requirements. The examination shall cover the areas of anatomy, physiology, chemistry, pharmacology, and methods. The application shall be accompanied by the fee required in chapter 20:48:06. Each applicant for licensure as a certified registered nurse anesthetist 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.

 

          Source: 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; 14 SDR 118, effective March 22, 1988; 33 SDR 43, effective September 12, 2006; 41 SDR 12, effective July 31, 2014.

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

          Law Implemented: SDCL 36-9-29, 36-9-30.1, 36-9-35, 36-9-97.

 

          References:

          Accredited Nurse Anesthesia Programs, Council on Accreditation of Nurse Anesthesia Educational Programs, May 2006. Copies may be obtained from the Council on Accreditation of Nurse Anesthesia Educational Programs, 222 S. Prospect Ave., #Suite 304, Park Ridge, Illinois 60068. No cost. Program accreditation status may be retrieved from Website, http://www.aana.com/Accredited_Programs/accreditedprograms.asp?State=all.

 

          [American Educational Research Association, American Psychological Association, and the National Council on Measurement in Education.] Standards for Educational and Psychological Testing, 1999 edition. Copies may be obtained from Test Standards, P.O. Box 465, Hanover, PA 17331. Cost: $31.95.

 


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          20:48:05:02.  Certification of nurse-midwife.Repealed.

          Source: 3 SDR 35, effective November 11, 1976; repealed, 6 SDR 88, effective March 3, 1980.


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          20:48:05:03.  Certification of nurse practitioner.Repealed.

          Source: 3 SDR 35, effective November 11, 1976; repealed, 6 SDR 88, effective March 3, 1980.


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          20:48:05:04.  Scope of practice of nurse practitioner.Repealed.

          Source: 3 SDR 35, effective November 11, 1976; repealed, 6 SDR 88, effective March 3, 1980.


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          20:48:05:05.  Temporary permit prior to licensure as nurse anesthetist. An applicant for a temporary permit prior to licensure as a nurse anesthetist shall apply on the form prescribed by the board and shall submit written evidence that the applicant is a registered nurse currently licensed in South Dakota and is a bona fide candidate to write the required examination or is awaiting the results of the first examination for which the applicant is eligible after graduation from an approved program of nurse anesthesia or that the applicant is a licensed registered nurse anesthetist from another state or territory of the United States awaiting license by endorsement and holds a temporary permit as a registered nurse applicant. The application shall be accompanied by the fee provided in chapter 20:48:06. If the applicant is certified in another state or territory, the temporary permit shall be issued for not more than 90 days. If the applicant is awaiting the results of the first examination for which the applicant is eligible, the temporary permit is valid until receipt of notification from the board concerning the status of the application for licensure. If the holder of a temporary permit is notified by the board that licensure has been denied, the temporary permit becomes invalid on the date the notice is received by the holder. The holder shall immediately return the permit to 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.

 

          Source: 3 SDR 35, effective November 11, 1976; 6 SDR 88, effective March 3, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 33 SDR 43, effective September 12, 2006; 41 SDR 12, effective July 31, 2014.

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

          Law Implemented: SDCL 36-9-29, 36-9-31.2, 36-9-32.2, 36-9-35, 36-9-97.

 


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          20:48:05:06.  Renewal of licensure. Licensure as a nurse anesthetist shall be renewed at the same time as the renewal of the registered nurse license as provided by §§ 20:48:03:09 and 20:48:03:10. The applicant for renewal of licensure shall show evidence of meeting the recertification requirements of the National Board of Certification and Recertification for Nurse Anesthetists.

 

          Source: 3 SDR 35, effective November 11, 1976; 6 SDR 88, effective March 3, 1980; 9 SDR 151, effective May 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 41 SDR 12, effective July 31, 2014.

          General Authority: SDCL 36-9-21.

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

 

          Reference: Policies and Procedures, 1981 edition, pages 3 and 4, Council on Recertification of Nurse Anesthetists. Copies may be obtained from the Council on Recertification of Nurse Anesthetists, 216 Higgins Road, Park Ridge, Illinois 60068. No charge.

 


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          20:48:05:07.  Other rules affecting licensure. The provisions of §§ 20:48:03:11 to 20:48:03:14, inclusive, relating to inactive status, lapse and reinstatement, replacement of license, and change of name, also apply to a license issued pursuant to this chapter.

 

          Source: 3 SDR 35, effective November 11, 1976; 6 SDR 88, effective March 3, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 41 SDR 12, effective July 31, 2014.

          General Authority: SDCL 36-9-21.

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

 


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          20:48:05:08.  Settings permitted for practice.Repealed.

          Source: 3 SDR 35, effective November 11, 1976; repealed, 6 SDR 88, effective March 3, 1980.


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CHAPTER 20:48:06

FEES REQUIRED OF LICENSEES

Section

20:48:06:01        Fees required of registered nurses.

20:48:06:02        Fees required of licensed practical nurses.


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          20:48:06:01.  Fees required of registered nurses. The fees to be collected in advance from registered nurses are as follows:

 

          (1)  $100 for licensure by examination plus the current fee for a nationally administered examination;

          (2)  $100 for reexamination plus the current fee for a nationally administered examination;

          (3)  $100 for licensure by endorsement;

          (4)  $25 for endorsement of a license to another state, territory, or country;

          (5)  $100 for certification of a registered nurse anesthetist;

          (6)  $25 for each temporary permit as an R.N. App., a C.R.N.A. App., or a C.N.S. App.;

          (7)  $95 for biennial renewal of a license plus $10 which is designated to fund the nurses' education assistance loan program, [and $10, which is designated to fund the nursing workforce center];

          (8)  $95 for biennial renewal of certification as a registered nurse anesthetist;

          (9)  $50 for reinstatement of lapsed license plus the current renewal fee;

          (10)  $5 for each transcript;

          (11)  $10 for changing a name on the records of the licensee;

          (12)  $20 for issuing a duplicate of the original license, duplicate of the original certification, or duplicate certificate of renewal;

          (13)  $10 for placing a licensee on inactive status;

          (14)  $10 for placing the certification of a registered nurse anesthetist on inactive status;

          (15)  $25 for each limited license issued to a registered nurse enrolled in a reentry program;

          (16)  $100 for initial licensure as a clinical nurse specialist;

          (17)  $95 for biennial renewal of licensure as a clinical nurse specialist; and

          (18)  $10 for placing the license of a clinical nurse specialist on inactive status.

 

          Source: 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; 7 SDR 41, effective November 3, 1980; 8 SDR 5, effective July 26, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 175, effective May 28, 1987; 15 SDR 33, effective August 30, 1988; 16 SDR 37, effective August 30, 1989; 17 SDR 23, effective August 15, 1990; 22 SDR 61, effective November 7, 1995; 26 SDR 67, effective November 21, 1999; 29 SDR 163, effective June 8, 2003; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21, 36-9-91.

          Law Implemented: SDCL 36-9-29, 36-9-35, 36-9-77, 36-9-91, 36-9-95.

 

          Cross-Reference: Funding for nurses' education assistance loan program, SDCL 36-9-77; Nursing workforce center established - Funding, SDCL 36-9-95.

 


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          20:48:06:02.  Fees required of licensed practical nurses. The fees to be collected in advance from licensed practical nurses are as follows:

 

          (1)  $100 for licensure by examination plus the current fee for a nationally administered examination;

          (2)  $100 for reexamination plus the current fee for a nationally administered examination;

          (3)  $100 for licensure by endorsement;

          (4)  $25 for endorsement of a license to another state, territory, or country;

          (5)  $25 for each temporary permit;

          (6)  $95 for biennial renewal of a license plus $10 which is designated to fund the nurses' education assistance loan program, [and $10, which is designated to fund the nursing workforce center];

          (7)  $50 for reinstatement of a lapsed license plus the current renewal fee;

          (8)  $5 for each transcript;

          (9)  $10 for changing a name on the records of a licensee;

          (10)  $20 for issuing a duplicate original license or duplicate certificate of renewal;

          (11)  $10 for placing a licensee on inactive status; and

          (12)  $25 for each limited license issued to a licensed practical nurse enrolled in a reentry program.

 

          Source: 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; 7 SDR 41, effective November 3, 1980; 8 SDR 5, effective July 26, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 175, effective May 28, 1987; 15 SDR 33, effective August 30, 1988; 16 SDR 37, effective August 30, 1989, 17 SDR 23, effective August 15, 1990; 26 SDR 67, effective November 21, 1999; 29 SDR 163, effective June 8, 2003; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-29, 36-9-43, 36-9-77, 36-9-95.

 

          Cross-Reference: Funding for nurses' education assistance loan program, SDCL 36-9-77; Nursing workforce center established - Funding, SDCL 36-9-95.

 


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CHAPTER 20:48:07

APPROVAL OF NURSING EDUCATION PROGRAMS

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20:48:07:19        Definitions.

20:48:07:20        Criteria for approval of nursing education programs.

20:48:07:21        Administration and organization.

20:48:07:22        Qualifications of administrator of nursing education program.

20:48:07:23        Responsibilities of administrator.

20:48:07:24        Faculty qualifications and organization.

20:48:07:25        Qualifications of faculty in practical nurse programs.

20:48:07:26        Qualifications of faculty in registered nurse programs.

20:48:07:26.01   Qualifications of faculty in advanced practice registered nurse programs.

20:48:07:27        Responsibilities of nursing faculty.

20:48:07:28        Curriculum construction and evaluation.

20:48:07:29        Practical nurse education curriculum.

20:48:07:30        Registered nurse education curriculum.

20:48:07:30.01   Advanced practice registered nurse education curriculum.

20:48:07:31        Educational facilities and resources.

20:48:07:32        Clinical facilities and resources.

20:48:07:33        Student affairs and services.

20:48:07:34        Preceptors.

20:48:07:35        Types of nursing education program approval.

20:48:07:36        Prerequisite status.

20:48:07:37        Interim status.

20:48:07:38        Continuation of interim status.

20:48:07:39        Full status.

20:48:07:40        Approval for reorganization.

20:48:07:41        Survey visit.

20:48:07:42        Fees for surveys.

20:48:07:43        Probationary status -- Withdrawal of program approval.

20:48:07:44        Voluntary closing of approved program.

20:48:07:45        Involuntary closing of program.

20:48:07:46        Custody and disposition of records of closed programs.

20:48:07:47        Maintaining ongoing approval -- Undergraduate nursing education programs.

20:48:07:47.01   Maintaining ongoing approval of advanced practice registered nurse programs.

20:48:07:48        Nationally accredited nursing programs.

20:48:07:49        Distance education programs.

20:48:07:50        Simulation.


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CHAPTER 20:48:07.01

CLINICAL ENRICHMENT PROGRAMS

Section

20:48:07.01:01   Application for approval.

20:48:07.01:02   Criteria for approval.

20:48:07.01:03   Written report required.


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