36-9-28. Practices not prohibited by chapter.

This chapter does not prohibit:

(1)    Any nursing assistance in an emergency;

(2)    The practice of nursing included in a program of study by a student enrolled in an approved prelicensure program for the preparation of registered nurses or licensed practical nurses;

(3)    The practice of a legally qualified nurse from another state employed by the United States government and performing the nurse's official duty in this state;

(4)    Gratuitous care of friends or members of the family;

(5)    Domestic administration of family remedies, or care of the sick by domestic servants, housekeepers, companions, or household aides of any type, whether employed regularly or because of an emergency or illness, but who may not in any way assume to practice nursing as defined in this chapter;

(6)    The nursing or care of the sick, with or without compensation, when done in connection with the practice of the religious tenets of any church by adherents thereof, so long as the person does not engage in the practice of nursing as defined in this chapter;

(7)    The practice of nursing in this state by a nurse currently licensed in another state or territory whose employment requires the nurse to accompany and care for a patient in South Dakota during one such employment not to exceed three months in length. However, the nurse may not hold herself or himself out to be licensed in this state;

(8)    The practice of the functions of a certified registered nurse anesthetist by a registered nurse enrolled as a student in an approved program for the preparation of certified registered nurse anesthetists;

(9)    The practice of nursing in this state by a nurse currently licensed in another state, territory, or foreign country who is present in this state to provide education relative to the practice of nursing for a period of not more than five days;

(10)    The administration of medications, other than by the parenteral route, by staff of community support providers, group homes, and supervised apartments certified or approved by the Department of Human Services, when under the supervision of a licensed registered nurse. The Department of Human Services, in consultation with the board, shall promulgate rules pursuant to chapter 1-26 for administration of medications by such staff;

(11)    The assistance with or performance of bowel and bladder care, other than the insertion or removal of suprapubic catheters, by domestic servants, housekeepers, companions, or household aides, at the direction of a person needing such care who resides independently outside of any hospital, nursing or health care facility, or other similar institutional setting;

(12)    The administration of medications, other than by the parenteral route, by staff of community mental health centers, community mental health residential facilities, and community support services programs certified or approved by the Department of Social Services. The administration of medications shall be under the direct or indirect supervision of a registered nurse. The Department of Social Services and the board shall promulgate rules pursuant to chapter 1-26 for administration of medications by such staff;

(13)    The services performed in accordance with § 28-8A-10 by a personal attendant when acting at the direction of a person with a disability; and

(14)    The practice of nursing included in a program of study by a registered nurse enrolled in an approved program for the preparation of a clinical nurse specialist.

Source: SL 1955, ch 91, § 10; SDC Supp 1960, § 27.0910; SL 1967, ch 101, § 10; SL 1976, ch 228, § 17; SL 1977, ch 295, § 1; SL 1979, ch 255, § 16; SL 1981, ch 278; SL 1987, ch 29, § 91; SL 1988, ch 298; SL 1989, ch 21, § 162; SL 1990, ch 303, § 1; SL 1991, ch 306; SL 1993, ch 275, § 1; SL 1994, ch 230, § 3; SL 1994, ch 298, § 2; SL 1995, ch 217, § 4; SL 1998, ch 225, § 1; SL 2009, ch 138, § 8; SL 2011, ch 1 (Ex. Ord. 11-1), § 163, eff. Apr. 12, 2011; SL 2012, ch 14, § 6; SL 2016, ch 194, § 15.