When healthcare facilities face staffing shortages, nursing professionals are expected to take on additional responsibilities to meet patient needs. These clinicians operate under different licenses and scopes of practice, which make it challenging to regulate the care they provide. To govern the profession, each state has developed a set of nursing rules and regulations. In SD, these laws are known as the South Dakota Nurse Practice Act (NPA).
As a healthcare administrator, understanding the rules outlined in the South Dakota NPA is essential to supporting your nursing team. In this article, we'll summarize key laws that impact clinicians' daily practice and list tips to help your facility improve NPA compliance and overall care quality.
What Is the South Dakota Nurse Practice Act?
When practicing in South Dakota, LPNs, RNs, and APRNs are required to follow the laws outlined in the state's NPA. These laws establish:
- South Dakota Board of Nursing rules and regulations.
- Minimum care standards that must be met in all healthcare facilities.
- The APRN, RN, and LPN scope of practice.
- South Dakota nursing education program requirements.
- The steps required for maintaining and renewing a South Dakota nursing license.
- Disciplinary actions for NPA violations.
Nurse Practice Act: South Dakota Laws at a Glance
Most nurses are introduced to their legal scope of practice in nursing school, but few students receive in-depth training on state regulations prior to entering the workforce. To ensure your nursing team has the information they need to practice safely, we'll review South Dakota's unique licensure requirements, rules for delegation, and penalties for violations in the table below.
| South Dakota Nurse Practice Act Legal Authorities | South Dakota Codified Laws, Title 36:Sections36-9-1 to 36-9-99(RNs and LPNs)Sections36-9A-1 to 36-9A-47(NPs and CNMs)South Dakota Administrative Rules:Chapters 20:48:01 to 20:48:17(RNs and LPNs)Chapters 20:62:01 to 20:62:06(NPs and CNMs) |
|---|---|
| Licensure Requirements | South Dakota RN licensure applicants must qualify by either passing the NCLEX examination or getting a license endorsed from another state.The steps forNCLEX exam qualificationare as follows:Submit an online SDlicensure by examinationapplication and pay theappropriate fees.Complete acriminal background checkand fingerprinting.Submit verified transcripts from a South Dakota approved or accreditednursing education program.Register for and pass theNCLEX examination.The steps forendorsement qualificationare as follows:Submit an online SDlicensure by endorsementapplication and pay the appropriate fees.Complete a criminal background check and fingerprinting.Present a valid license to practice nursing in another state and submit arequest for licensure verificationthrough Nursys.Verify clinical hours by submitting anEmployment Verification formor, if necessary, complete theNurse Refresher Course.Note:The South Dakota Board of Nursing may grant atemporary permitto nurses who are new to nursing practice in SD and meet board specifications. This temporary permit is valid for both new graduates and licensure by endorsement applicants and allows forsupervised practiceuntil the nurse is fully qualified. The nonrenewable permit is valid forup to 90 days.The SD Board of Nursing website also provides approximate timeframes for application processing and outlines the required steps torenew a South Dakota nursing license. |
| Delegation of Nursing Duties | Nursing professionals areallowed to delegateto unlicensed clinicians when certain conditions are met, such as:The task is routine and doesn’t require complex decision-making or clinical judgement to be performed safely.The delegatee has the necessary education, skills, and experience to safely complete the task.The nurse is able tomonitor and supervisethe completion of the task.The nurse isprohibited from delegatingtasks that require, among other things:Any steps of the nursing process.The development of a nursing plan of care.Health counseling or teaching. |
| South Dakota Nurse Practice Act Violations and Penalties | Nurses who practice outside of the South Dakotanursing scope of practiceor commit anyviolation of the Nurse Practice Actcould face disciplinary action. Grounds for discipline include, but are not limited to:Fraudulently obtaining a nursing license.Committing an alcohol/drug offense or felony.Demonstrating a negligent or willful disregard for the health or safety of a patient.Acting with unprofessional or dishonorable conduct.Engaging in sexual harassment or misconduct.Failing to provide safe care due to amental or physical condition.Any of the above violations could result in a suspended or revoked nursing license, along with fines, public reprimand, and the possibility ofcriminal charges. |
| Nurse Licensure Compact (NLC) State? | According to the South Dakota Codified LawsSection 36-9-98, South Dakotaisinvolved in the NLC compact. Therefore, the New Hampshire NPA encompassesrules and guidelinesestablished by the NLC. |
Improving NPA Compliance: 3 Tips for Facilities
Now that you've familiarized yourself with the basic elements of the South Dakota Nurse Practice Act, you're probably looking for ways to incorporate these laws into your facility's policies and procedures. Here are three tips to get your team started.
1. Verify Employee Credentials
The U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) partners with state boards of nursing to prevent fraudulent nursing practice. As part of the ongoing Operation Nightingale investigation, each facility must ensure that the clinicians they hire have earned the degrees and licenses they claim to hold.
As a South Dakota healthcare administrator, you can verify employee credentials on either the SD Board of Nursing website or on the Nursys QuickConfirm Portal. You can also find out more about a clinician's record of professional conduct on the South Dakota Board of Nursing disciplinary actions web page.
2. Utilize Clinical Enrichment Programs
Nurses are required to complete continuing education hours to renew and maintain a South Dakota nursing license. You'll want to make sure nurses complete these annual requirements so they can continue to provide safe, appropriate care.
The state board of nursing website advertises a variety of clinical enrichment programs designed to support nursing professional development. Providing links to these courses on your organization's nursing website can help your team stay compliant.
3. Report Suspected Misconduct
Unsafe or unprofessional care can place your patients and brand image at risk. Encourage your clinicians and clinical leaders to report any witnessed or suspected misconduct immediately to ensure issues are addressed as soon as possible.
Don't Miss Out on Important Regulatory Updates
Like other regulatory guidelines, the laws outlined in the South Dakota Nurse Practice Act can change. As a facility leader, it's important that you stay informed on the latest updates. Check out Credenza's other healthcare insights, written by our team of clinical and legal experts, to stay in the know.
Legal Disclaimer: This article contains general legal information, but it is not intended to constitute professional legal advice for any particular situation and should not be relied on as professional legal advice. Any references to the law may not be current, as laws regularly change through updates in legislation, regulation, and case law at the federal and state level. Nothing in this article should be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed to practice in your jurisdiction.