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36-9-72Injunction to prevent unlawful practice--Election of remedies.

The board may in the name of the people of the State of South Dakota, through the attorney general of the State of South Dakota, or in the board's own name apply for an injunction in the circuit court for the county of the person's residence to enjoin any person who:

(1)    Is unlawfully practicing nursing as defined in this chapter without a license issued by the board;

(2)    Is practicing nursing as defined in this chapter under a license that is lapsed, on inactive status, suspended, or revoked;

(3)    Is endangering, or threatening to endanger, the health or safety of those entrusted to the licensee's or applicant's care in the practice of nursing as defined in this chapter.

An action for injunction is an alternate to criminal proceedings, and the commencement of one proceeding by the board constitutes an election. Upon the filing of a verified complaint, the court, if satisfied by affidavit or otherwise, that the person is or has been engaging in unlawful or dangerous practice as described in this section, may issue a temporary injunction, without notice or bond, enjoining the defendant from further practice as a registered nurse, licensed practical nurse, certified registered nurse anesthetist, or clinical nurse specialist.

Source: SL 1955, ch 91, § 12; SDC Supp 1960, § 27.0911; SL 1967, ch 101, § 11; SL 1976, ch 228, § 51; SL 1979, ch 255, § 69; SL 1995, ch 217, § 7; SL 2016, ch 194, § 39.

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