As South Dakota is one of the more rural states in the country, it can sometimes be difficult to pull in enough nurses to work. Those nurses that are in the state, however, need to be retained. Too often, though, quality nurses face accusations that can threaten their professional licensure and ability to do the jobs that they've worked so hard for.
A lot of dedication and demanding work goes into becoming a Licensed Practical Nurse (“LPN”). You've gotten an education, sat and studied for exams, and then finally received your professional license as an LPN. Regulations and licensure requirements vary from state to state, as do potential punishments and/or legal ramifications. If you're a South Dakota licensed practical nurse whose credentials or license have been called into question, you need experienced professional licensed defense attorneys at the Lento Law Firm to represent you! Contact us today here or give us a call at (888) 535-3686.
South Dakota Rules and Regulations
There is a whole statutory section in South Dakota's laws that directly pertains to the rules and LPNs in South Dakota. LPNs are expected to provide service according to the standards set by the South Dakota Board of Nursing. These include being responsible for:
- Collecting data and performing specific nursing assessments regarding the health status of each of their assigned patients
- Collaborating with various other healthcare providers in creating and adjusting, as needed, health care plans for each patient
- Applying appropriate nursing interventions in conjunction with the specific health care plan
- Aiding in the assessment of these responses to interventions
- Delivering safe and effective nursing care, whether this is completed by the LPN directly or indirectly
- Promoting care that is in the patient's best interest
- Effectively communicating and cooperating with both patients and other participants of the patient's health care team
- Helping with health counseling, as well as teaching
- Appointing appropriate nursing interventions to conduct the patient's specific health care plan
- As well as any other acts that may require an LPN's education and training experience that is in accordance with the professional standards as put forth by the South Dakota Board of Nursing, appropriate statutes, and in line with an LPN's experience and abilities.
Further, licensed nurses in the state of South Dakota have a duty to know, as well as fully comprehend, the South Dakota Nurse Practice Act. It's important to remember that nurses must be vigilant in checking any changes to these laws; practice laws are updated on a continuing basis to stay current as the field of medicine evolves.
Besides the statutory laws contained in the South Dakota Nurse Practice Act, it also includes administrative rules. The purpose of these is to give supplementary guidance regarding the laws that have already been put into effect and enacted by the South Dakota legislature. Once one of these administrative rules is adopted and becomes effective, these rules have the complete strength and effect as the state laws do.
Grounds for License Revocation or Suspension
Your professional license is likely one of your accomplishments that you're most proud of. That's why it's so important to understand how and why the South Dakota Board of Nursing could potentially revoke or suspend it. This also applies to new applicants within the state; your application to become licensure could be denied for the same reasons. The South Dakota Board of Nursing has the authority to deny an application or to suspend or revoke an existing LPN license if the applicant or LPN has:
- Attempted to gain their license via methods of fraud, deceit, or misrepresentation
- Been convicted of a felony – in South Dakota, a felony conviction includes any offense which, if it was committed in South Dakota, would be considered a felony
- Used a fake or incorrect name when practicing as a nurse – this includes using a fictitious or assumed business name that has not been appropriately registered – or impersonated another licensee
- Committed a drug or alcohol related offense that would interfere with their ability to practice patient care in a safe manner
- Negligently, willfully, or intentionally committed actions that are inconsistent with the maintaining the health or safety of a patient entrusted to the licensee's or applicant's care
- Had their LPN license denied, revoked, suspended, or undergone other disciplinary action in any other state, territory, or foreign country
- Violated any of the provisions in the South Dakota chapter of rules related to LPNs
- Helped an unlicensed person practice nursing
- Continued to practice nursing when their license has lapsed, is on inactive status, or has been suspended or revoked
- Engaged in the practice of nursing that is unsafe, partaken in substandard patient care, or committed conduct that is dishonorable or unprofessional
- Exploited the relationship between nurse and patient for the purpose of getting the patient to engage in sexual activity with the LPN—it's important to note that for the purpose of this definition, the patient is deemed to be incapable of giving adequate consent to engage in sexual activity with the LPN
- Committed gross sexual misconduct or engaged in sexual contact
In addition to the more behavioral grounds for revocation or suspension detailed above, South Dakota can also revoke or suspend your license as a result of physical or mental conditions. The South Dakota Board of Nursing may revoke or suspend your license if there is sufficient showing that your physical or mental condition is a danger to the health or safety of patients in your care or those who may be in your care in the future. A majority of the board has the ability to command you, the licensee, to submit to an examination by a competent psychological or medical professional. The South Dakota Board of Nursing selects this professional, and the applicable professional is paid by the Board of Nursing. If the licensee refuses to undergo this examination, the Board of Nursing can immediately suspend their license.
The Start of the Complaint Process
Any person may submit a written complaint against a nurse who they believe has violated the Nurse Practice Act of South Dakota. The South Dakota Board of Nursing investigates all complaints that fall under their legal jurisdiction. They will determine if the complaint is actually grounds for discipline against the LPN, first. If yes, then an investigation is conducted. An informal investigative interview with the licensee may also be conducted. At this informal meeting, attendees besides the LPN may include the Board of Nursing staff and attorneys if requested.
The Compliance Committee, a subcommittee of the South Dakota Board of Nursing, then hears the case and recommends appropriate action or settlement of a case. At this point, the LPN is notified of the offer. If the LPN accepts the Board of Nursing's offer, then the Board of Nursing will proceed with that action. If the LPN does not accept their offer, then it becomes a Contested Hearing, and the LPN receives a notice of this hearing, and the Board of Nursing doesn't take action until after the hearing has been held. At this Contested Hearing, the Compliance Committee members do not aid in the decision-making process.
South Dakota Revocation Proceedings
All suspension or revocation proceedings in South Dakota must conform to the administrative rules and procedures that the court uses for any other administrative proceedings in the state. In South Dakota, a majority of the Board of Nursing is required before any decision to suspend, revoke, or even reissue a license can be made. Your license can only be revoked, suspended, or reissued after a hearing has been conducted by a hearing examiner who was appointed by the South Dakota Board of Nursing or by a majority of members sitting on the Board.
Pursuant to South Dakota's administrative rules regarding appeals, if the South Dakota Board of Nursing fails to make and file a decision within thirty days of the licensing issue being submitted to them for review, then an LPN who would have had the authority to appeal the decision if a decision had actually been made, may proceed with an appeal. The Board of Nursing, however, may serve an order extending this time period, but not to exceed sixty days, and this order must also state why such extension is necessary. If the time period expires, however, and no decision has been made, then the LPN, who is the subject of the proceedings, may present a proposed decision to the Board of Nursing. If their proposed decision is not accepted within five days of filing it, then they proceed with an appeal just as if the proposed decision had been denied.
Always remember that you, the LPN subject to a complaint, have the right to due process. You should be given appropriate notice and receive a copy of the complaint against you.
If the Board of Nursing finds that there's an immediate risk to the public, however, they can take emergency action to temporarily suspend a license until a formal hearing can be conducted.
Types of Disciplinary Action
In South Dakota, there are non-disciplinary actions and disciplinary actions that may be taken against an LPN. Non-Disciplinary Actions include a dismissal of complaint, letter of concern, substance abuse or health evaluation, or mandated participation in Health Professionals Assistance Program (HPAP). Disciplinary Actions include a letter of reprimand, denial of licensure, probation, suspension, or revocation.
You also always have the right to ask for a Contested Case Hearing in front of the full Board of Nursing at any point when formal disciplinary action or mandated HPAP participation is recommended.
How to Get Your License Back
You may not know this, but if your LPN license has been revoked in South Dakota, you do have the right to appeal it! Any LPN who has suffered from any ruling, act, or decision issued by the South Dakota Board of Nursing regarding the suspension, revocation, or reissuance of their nursing license has the right to appeal that decision pursuant to South Dakota administrative proceedings and rules.
In the case where the South Dakota Board of Nursing does hand down a final decision, ruling, or action, you may appeal it to the circuit court level in South Dakota. The time to file your appeal is limited. After the Board of Nursing serves notice of their final decision, you only have thirty days to serve a copy of the notice of appeal on the South Dakota Board of Nursing.
It is also worth noting that any revoked or suspended license can be reissued by the South Dakota Board of Nursing upon a finding of good cause.
Implications of Having Your License Suspended or Revoked
Even if you're able to get your license back after a suspension or revocation, disciplinary actions taken by the South Dakota Board of Nursing are considered public documents and can be accessed for free on the National Nursys QuickConfirm Licensure and Disciplinary Database. That means that what happens to you in South Dakota could also impact your ability to get a job as an LPN in another state. Also, Board of Nursing actions that involve disciplining an LPN are published in the Board of Nursing's newsletter, the South Dakota Nursing News, on the Board's website, as well as on the Nursys website. They're also reported to the National Practitioner Data Bank (NPDB), which is legally required.
Next Steps
Finding out that your LPN license may be, or has already been, revoked is a scary predicament to find yourself in. There are many ins and outs of the suspension and revocation process before the South Dakota Board of Nursing that you need to pay attention to. Further than that, the appeals process can be complicated. There are specific deadlines that must be met. Don't let something as important as your LPN license get away from you. If you're a South Dakota LPN whose license has been suspended or revoked, you need the Experienced Professional License Defense Attorneys at the Lento Law Firm! Contact us today at (888) 535-3686!
