The South Dakota Board of Nursing (or simply “the Board”) is the body responsible for licensing nurses in the state. Along with licensing nurses, the Board has several other authorities, duties, and responsibilities—such as the authority to discipline nurses who violate relevant laws or rules.
The South Dakota Nurse Practice Act (NPA) is a collection of state laws and Board rules granting the Board its powers. If you're a nurse practicing in South Dakota, being accused of violating the South Dakota NPA can jeopardize your privilege to practice nursing here.
Enlisting the help of legal professionals with experience handling cases like yours can help you protect your career now. At the Lento Law Firm, our Professional License Defense Team is available to serve your needs if you're accused of a South Dakota NPA violation. Learn more about how you can benefit from our South Dakota nurse license defense services by submitting your information via our online contact form or calling our offices today at 888-535-3686.
The South Dakota Nurse Practice Act Authorizes the Board to Discipline Nurses
Under the NPA, the Board can take various forms of disciplinary action against nurses who violate its terms. Common forms of disciplinary action the Board may consider include:
- Denying a prospective nurse a new license
- Refusing to renew the license of a nurse already practicing in South Dakota
- Suspending a nurse's license
- Revoking a nurse's license
Those are just examples. The NPA states the Board can consider other forms of discipline (such as probation or formal reprimand) that may be more appropriate based on the circumstances.
The South Dakota NPA specifically allows the Board to take disciplinary action against a nurse for the following violations:
- Committing fraud or any other such form of deceit when obtaining or attempting to obtain a South Dakota nursing license
- Being convicted of a felony or of any crime that would be considered a felony under the laws of South Dakota
- Practicing nursing under a false name, under a fictitious business name, or while impersonating another licensed nurse or healthcare professional
- Committing an alcohol or drug-related act that could be assumed to reasonably interfere with the practice of nursing
- Negligently, willfully, or intentionally acting or behaving in a way that is not consistent with the health and safety of the individuals in a nurse's care
- Having a nursing license or equivalent professional license subject to disciplinary action in another jurisdiction
- Violating any of the rules of the NPA or any of the rules established/enforced under it
- Aiding or abetting the unlicensed practice of nursing
- Practicing nursing with a lapsed, suspended, revoked, or inactive license
- Engaging in unsafe nursing care, providing care that doesn't meet the standards of care patients should expect, or engaging in conduct that qualifies as unprofessional or dishonorable
- Leveraging the influence one may have due to the nurse-patient relationship to facilitate sexual activity with a patient
- Engaging in gross sexual harassment or sexual contact
Have you received a notice from the Board indicating you're under investigation for an alleged NPA violation? If so, our Lento Law Firm Professional License Defense Team can help you better understand exactly what you're accused of.
The South Dakota Nurse Practice Act Addresses Physical and Mental Conditions as Grounds for Disciplinary Action
A nurse doesn't necessarily have to do something “wrong” to be subject to Board disciplinary action under the NPA. The law also grants the Board the authority to take action against a nurse's license when, due to a physical or mental condition, they are unable to practice nursing safely.
The purpose of taking disciplinary action against a nurse's license in this situation isn't to punish a nurse. Rather, it's to protect the public from harm.
If there's reason to believe a nurse may endanger the public if they're allowed to continue practicing because they have a mental or physical condition, a majority of the Board members can require that the nurse undergo an examination. Such an examination can provide the Board with more information about a nurse's condition and how it may affect their practice. The Board will evaluate the results of the examination to determine whether (and how) to limit a nurse's license.
Submitting to this examination is important. If a nurse fails to submit to an examination upon the Board's request, the NPA authorizes the Board to proceed with summary suspension of a nurse's license.
Ensuring you comply with Board requests (without being so “cooperative” that you end up sharing the kinds of details that can harm your case) is just one way our Professional License Defense Team at the Lento Law Firm can help when you're facing disciplinary action under the South Dakota NPA.
Along with asking you to submit to a physical examination, the Board may request that you supply various forms of documentation, that you participate in interviews or meetings, etc. Hire our team, and you can submit these requests to your attorney (or the Board will send them directly to us) so we can discuss your next steps.
The South Dakota Nurse Practice Act's Administrative Rules for Delegating Nursing Tasks
As this guide touched on earlier, one general violation of the South Dakota NPA that could cause a nurse to face disciplinary action is violating any of the rules promulgated by the Board under the NPA.
For example, as a nurse in South Dakota, you may be responsible for delegating nursing tasks to other nurses and nursing assistants on your team. The NPA establishes rules for delegating nursing tasks and other health-related tasks properly.
The general criteria for delegating nursing tasks are:
- A nurse should consider whether “a reasonable and prudent nurse” would delegate a task they're considering assigning to someone.
- A nurse has determined that the nature of the task is such that a nursing assistant could generally be expected to handle it safely without jeopardizing patient health.
- A nursing assistant performing the task delegated to them will not need to exercise any nursing judgment.
- Before delegating a task, a licensed nurse has evaluated the care needs of a patient.
- A licensed nurse has verified that the nursing assistant to whom they're delegating a task is competent.
The criteria also state a licensed nurse must supervise a task when they've delegated it to a nursing assistant. The Board also enforces rules for properly supervising nursing tasks. For example, when delegating a task, a nurse must determine the degree to which they may need to supervise a nursing assistant by accounting for these factors:
- The overall stability of a patient's condition
- Whether the nursing assistant to whom a task is assigned is competent enough to handle it
- The essential nature of the nursing task a nurse is delegating
- The degree to which a nurse will be near enough and available enough to properly supervise a nursing assistant performing a task delegated to them
To properly supervise a nursing assistant to whom they've delegated a task, a nurse must at least be available through electronic communication. It's even better if they're nearby and can respond promptly when a nursing assistant needs their help. Additional rules also apply in unique situations when nurses and nursing assistants may be providing care in patient's homes, as this can affect how often a nurse can be present to supervise tasks they've delegated.
The Nurse Practice Act in South Dakota Prohibits Nurses from Delegating Certain Tasks
The NPA establishes certain tasks and nursing functions that nurses cannot delegate to nursing assistants. They are:
- Assessment tasks requiring the application of professional nursing judgment, intervention, referral, or follow-up
- The task of formulating a plan of nursing care for a patient and evaluating a patient's response to the care they've received
- Accepting medical orders
- Health counseling
- Health teaching
In addition, the NPA prohibits nurses from delegating tasks that involve implementing a plan of care requiring professional nursing judgment or intervention. These tasks include (but aren't necessarily limited to):
- With the exception of urinary catheterization, any sterile procedures involving wounds or anatomical sites that could be at risk of becoming infected
- Nasogastric tube feeding
- Removal or insertion of nasogastric, jejunostomy, and gastronomy tubes
- Tracheostomy care and suctioning
Be aware that a nurse is generally responsible for the consequences of their delegation. Our Professional License Defense Team at the Lento Law Firm can help if your license is on the line because you're accused of breaking these rules.
What the South Dakota Nurse Practice Act Says About Delegating Administration of Medications
The section of the NPA prohibiting nurses from delegating certain tasks also contains a general prohibition on delegating tasks that involve administering medications.
However, the NPA does allow nurses to delegate medication administration in certain scenarios. Specifically, nurses may delegate the following medication administration tasks:
- Administering scheduled medications via oral, sublingual, eye, ear, nasal, rectal, topical, transdermal, vaginal, or inhalation routes
- If a nurse, physician, or pharmacist has already calculated the proper dose, measuring the prescribed amount of liquid medication or crushing a tablet for purposes of administration
- Administering schedule II controlled substances/medications if a professional has prescribed these medications and they are in a labeled container for that specific patient
A nurse may delegate the above tasks to a nursing assistant who satisfies ALL the following requirements:
- They have a minimum high school education or an equivalent.
- They've completed a medication administration program the Board has approved of, or they've completed an equivalent Board-approved program.
- They are properly registered with the Board if they will be administering medications “in a skilled nursing facility, assisted living center, or a hospital, licensed under SDCL.”
The Board also states a nurse may delegate certain nursing tasks if they have a written protocol. Nursing tasks that require a written protocol before one can delegate them are:
- Administering the initial dose of a medication that has not been previously administered to a given patient
- Administering certain medications on an as-needed basis, which can include schedule II controlled substances if they are properly prescribed and contained in labeled containers for specific patients
- Subcutaneous administration of insulin if a licensed nurse is unavailable to handle this task themselves
The NPA also includes specific rules for obtaining written protocols for the subcutaneous administration of insulin. Nurses should review these rules thoroughly before delegating this task.
The South Dakota Nurse Practice Act Offers Exceptions to Rules on Delegating Medication Administration
The NPA states there are situations in which licensed practical nurses or registered nurses in South Dakota may delegate medication administration tasks to nursing assistants even when they don't satisfy the requirements or criteria stated above.
The law states a nurse “may delegate the administration of one specific medication to be administered to one specific client by a specific nursing assistant” who otherwise hasn't met the requirements if ALL of the following apply:
- A nurse has determined that delegating a medication administration task in this particular manner will allow a patient to remain in their current place of residence.
- The patient doesn't currently reside in a facility that qualifies as a nursing facility or assisted living center under South Dakota law.
- There is no licensed nurse available to administer the medication.
- The delegation otherwise complies with the general criteria for delegating and supervising nursing tasks (as has been previously covered).
- A nurse has ensured a nursing assistant has undergone proper training in the medication administration task they are to perform.
- No other statute, rule, etc., prohibits a nurse from delegating this task.
As always, it's best to proceed with caution when delegating tasks. Don't cut corners to save time now if doing so could cause trouble in the future.
Contact the Lento Law Firm for Help With a Case Involving an Alleged Violation of the South Dakota Nurse Practice Act
Don't let fear paralyze you when you learn you're facing disciplinary action for allegedly violating the NPA in South Dakota. At the Lento Law Firm, our Professional License Defense Team offers the experience and resources necessary to defend your career. Get started today by calling our offices at 888-535-3686 or submitting your information through our online form.
