36-9A-29. Denial, revocation, or suspension of license--Grounds.

The board may deny, revoke, or suspend any license or application for licensure to practice as a certified nurse practitioner or certified nurse midwife in this state, and may take any other disciplinary or corrective action the board considers appropriate upon proof that the license holder or applicant has:

(1)    Committed fraud, deceit, or misrepresentation in procuring or in attempting to procure a license;

(2)    Aided or abetted an unlicensed person to practice as a certified nurse practitioner or certified nurse midwife;

(3)    Engaged in practice as a certified nurse practitioner or certified nurse midwife under a false or assumed name and failed to register that name pursuant to chapter 37-11, or impersonated another license holder of a like or different name;

(4)    Committed an alcohol or drug related act or offense that interferes with the ability to practice safely;

(5)    Negligently, willfully, or intentionally acted in a manner inconsistent with the health and safety of persons entrusted to the license holder's care;

(6)    Had a license or privilege to practice as a certified nurse practitioner or certified nurse midwife denied, revoked, or suspended or had other disciplinary action taken in another state, territory, or foreign country;

(7)    Exercised influence within the nurse-patient relationship for the purpose of engaging a patient in sexual activity or engaging in gross sexual harassment or sexual contact. For the purpose of this subdivision, the patient is presumed incapable of giving free, full, and informed consent to sexual activity or sexual contact with the nurse;

(8)    Practiced as a certified nurse practitioner or certified nurse midwife without a valid license;

(9)    Engaged in unsafe practices, substandard care, or unprofessional or dishonorable conduct;

(10)    Violated any provisions of this chapter or the rules promulgated hereunder; or

(11)    Been convicted of a felony. The conviction of a felony means the conviction of any offense which, if committed within the State of South Dakota, would constitute a felony.

Source: SL 1979, ch 256, § 18; SL 1994, ch 299, § 2; SL 1995, ch 218, § 19; SL 1999, ch 192, § 21; SL 2017, ch 171, § 34.