An accusation of domestic violence is one of the most stressful things someone can go through. For South Dakota nurses, the accusation and its consequences go far beyond the courtroom. Whether you practice in Sioux Falls, Rapid City, or Aberdeen, an allegation of domestic abuse or a protective order can trigger an investigation from the South Dakota Board of Nursing. You may be at risk of losing your license.
At the Lento Law Firm, our Professional License Defense Team understands the gravity of these situations. Our attorneys have many years of experience addressing the unique challenges nurses face when their personal and professional lives intersect. Call our offices at 888-535-3686 or submit your information through our online contact form to begin building your defense today.
South Dakota's Domestic Violence Laws and Their Impact on Nurses
South Dakota law defines domestic abuse as either causing, attempting to cause, or inflicting the fear of “imminent physical harm or bodily injury” to someone with whom you have a close relationship. This includes, but is not limited to, one's spouses, former spouses, siblings, former romantic partners, children, parents, and individuals one is dating.
South Dakota also recognizes child abuse as a distinct offense. The law covers practically all acts that cause physical, emotional, or sexual harm to a minor. For nurses, these allegations, whether resulting in criminal charges, a protective order, or a mere accusation, can prompt professional repercussions that can follow you for life.
A domestic violence charge may arise from incidents like:
- Physical altercations with a spouse or partner, even if minor.
- Allegations of threatening behavior, such as verbal threats causing fear of imminent physical harm.
- Child endangerment claims, including neglect or physical discipline deemed excessive.
- Violation of a protection order, even unintentionally.
Additionally, South Dakota's mandatory reporting laws require nurses to report suspected child abuse or neglect. Those who intentionally fail to report can be convicted of a Class 1 Misdemeanor, which can result in up to one year in jail. Conversely, a nurse's involvement in a domestic violence case may raise questions about their compliance with these reporting obligations, adding fuel to the fire.
For nurses, the stakes of a domestic violence charge could not be higher. The Board of Nursing's primary concern is whether nurses' conduct compromises their ability to practice safely and ethically. A criminal conviction, a protection order, or even an ongoing investigation can signal to the Board that a nurse poses a risk to public safety. Unlike a criminal case, where guilt must be proven beyond a reasonable doubt, the Board operates under a lower standard of evidence. This means that even if you are found not guilty, your charges are dismissed, or the allegations never make it to the courtroom, the Board can still investigate and issue professional discipline.
The South Dakota Board of Nursing: Authority and Oversight
The South Dakota Board of Nursing is the state agency responsible for licensing and regulating most nurses. This includes registered nurses (RNs), licensed practical nurses (LPNs), advanced practice registered nurses (APRNs), and certified registered nurse anesthetists (CRNAs). The Board's mission is to protect public health by ensuring nurses adhere to professional standards outlined in both the Registered and Practical Nurses Code and South Dakota's administrative rules.
The Board has broad authority to investigate and discipline nurses for conduct that violates these standards. South Dakota law lists many grounds that can lead to discipline. Some of these include
- Conviction of a felony. If the conviction is out-of-state, the Board evaluates whether the crime would have been a felony if committed in South Dakota.
- Committing an offense that “interferes with the ability to practice nursing safely.” This allows the Board to investigate practically any allegation that suggests a nurse committed misconduct.
- Violating any portions of the Nurses Code or the Board's administrative rules.
A domestic violence allegation, particularly one involving a criminal charge or protection order, could fall under these categories. For example, a misdemeanor domestic abuse conviction could lead to the Board deciding that you can no longer practice nursing safely. Allegations of child abuse may lead the Board to question a nurse's compliance with mandatory reporting obligations, even if no criminal charges result.
The Board's Investigative Process for Domestic Violence Allegations
When the South Dakota Board of Nursing receives a complaint or report of a nurse's involvement in domestic violence, it initiates an investigation to assess whether the nurse's conduct warrants disciplinary action. The process must comply with the state's Administrative Procedures Act, which gives nurses due process protection. The process typically involves these stages:
- Complaint Receipt. The Board receives a complaint from a third party (e.g., employer, court, or colleague) or a self-report from the nurse. Complaints can be submitted online or by e-mail. The Board conducts an initial review to determine if the allegation falls within its jurisdiction and alleges sufficient grounds for discipline.
- Investigation. If the complaint alleges a violation of the law or the Board's rules, investigators gather evidence, including police reports, court records, and witness statements. They may request an investigative interview with the nurse to hear their side of the story. As the investigation continues, there may be more than just one investigative interview. These interviews are an important opportunity to present your case, but can be perilous without legal representation, because your own statements may be used against you.
- Compliance Committee Review. Investigators present their findings to the Board's Compliance Committee. The Committee then recommends a course of action. They may propose a settlement offer, which is analogous to a plea deal. Accepting a settlement offer requires the nurse to admit certain violations or accept discipline to avoid harsher penalties. The Lento Law Firm Team actively negotiates with investigators, the Board, and the Committee to help draft mutually acceptable settlement offers.
- Settlement. If the nurse accepts the settlement, the Board reviews the settlement offer and almost always approves it. If the settlement is approved, the process ends here. If either the nurse or the Board rejects the settlement, the matter proceeds to a contested case hearing. We can help advise you as to whether accepting a settlement or going to a contested hearing would be the best choice for your situation.
- Contested Case Hearing. A contested case is similar to a civil court trial. The person in charge may be a single member of the Board, the full board, or an impartial hearing examiner. During the hearing, you have the right to present your own evidence and call your own witnesses. You can also cross-examine the Board's witnesses. These hearings involve very complex, technical rules of procedure and evidence. As a result, representation from the Lento Law Firm is important to get a positive outcome at this stage.
- Appeals. If the hearing results in an adverse decision, you can elect to either appeal in the Circuit Court of your residence (if you live in South Dakota) or in the circuit court of Hughes County. Appealing the Board's decision involves strict deadlines and even more complex rules of procedure.
The entire process is distinct from a criminal case. Administrative procedures and civil appeals have very different rules and standards of evidence from criminal trials. Most criminal defense attorneys lack experience navigating the Board's complex administrative procedures. The Lento Law Firm's Professional License Defense Team has years of experience handling Board investigations. From the moment a complaint is filed until the appellate courts render their final judgment, our team leverages our experience to get the best possible outcome.
Potential Consequences of a Domestic Violence Allegation for South Dakota Nurses
When the South Dakota Board of Nursing concludes its investigation into a domestic violence allegation, it wields considerable power to impose sanctions that can reshape a nurse's career trajectory. The consequences can range from minor administrative penalties to the permanent loss of your license.
The Board may consider several factors when deciding on discipline, including:
- The severity of the alleged domestic violence, such as whether it involved physical injury to a child.
- The nurse's prior disciplinary history with the Board.
- Evidence of rehabilitation, such as participation in counseling or anger management programs.
- The outcome of any criminal case, though the Board is not bound by that outcome.
Possible disciplinary actions include:
- Letter of Concern. This is a private letter addressed to the nurse that effectively serves as a warning. It is typically issued when either the alleged conduct does not rise to the level of formal discipline, or the evidence is inconclusive but still raises concerns.
- Letter of Reprimand. This is essentially a Letter of Concern that is made public. While also effectively serving as a warning, it is attached to your license and can be discovered by potential employers or the nursing boards of other states.
- Probation. The nurse may continue practicing under restrictions, such as mandatory counseling, workplace monitoring, or periodic reporting to the Board. Conditions vary and can be complex. Even accidental violations of probation conditions can escalate matters drastically.
- Suspension. A temporary loss of licensure. This is often imposed for serious allegations or repeat offenses. The nurse cannot practice until the suspension is lifted. You may be suspended for a set time, until you meet certain conditions, or the Board determines there is “good cause” for the suspension to be lifted.
- Revocation: The most severe outcome. Revocation strips the nurse of their license entirely. Reinstatement, if permitted, often involves a lengthy process and additional probationary terms. Like a suspension, a revocation can be overturned for “good cause.”
These sanctions are publicly reported through the Board's disciplinary records and the Nursys system, a national database used by licensing boards across states. A disciplinary action in South Dakota can follow a nurse attempting to relocate or seek employment elsewhere. Even if criminal charges are dropped or reduced, the Board may still impose discipline based on the underlying conduct.
The South Dakota Health Professionals Assistance Program: A Potential Lifeline
In some cases, the South Dakota Board of Nursing may offer an alternative to traditional discipline through the Health Professionals Assistance Program (HPAP). HPAP is designed to support healthcare professionals, including nurses, who face substance abuse, mental health issues, or other challenges that impair their practice. While HPAP is primarily focused on addiction, the program may be available for nurses whose domestic violence allegations stem from addiction or mental health concerns.
Participation in HPAP typically involves:
- Enrollment in counseling or therapy to address anger management, stress, or related issues.
- Regular monitoring, which may include progress reports from therapists or supervisors.
- Compliance with program terms, often for one to five years, depending on the case.
HPAP can help a nurse avoid formal discipline. This preserves your career, your license, and your reputation. However, the program's requirements can be rigorous, demanding significant time and financial commitment. For example, nurses may need to perform random drug tests within a few hours of receiving notice. Nurses are also financially responsible for paying HPAP's fees, which are often several thousand dollars a year.
Additionally, the Board retains discretion to deny HPAP enrollment if the domestic violence incident suggests a broader risk to public safety, such as harm to a child or violation of a protection order. Nurses alleged to have committed sexual abuse are also ineligible for HPAP.
Deciding whether to pursue HPAP requires weighing its benefits against its burdens. On the one hand, it is expensive and time-consuming. On the other hand, it may help prevent further allegations and keep your record clean. The Lento Law Firm's Professional License Defense Team can assess your eligibility, advocate for your enrollment if appropriate, and ensure you understand the program's long-term implications. We can also negotiate with the Board to present mitigating factors, such as a clean professional record or voluntary steps toward rehabilitation, to strengthen your case for HPAP or leniency.
Hire the Lento Law Firm to Obtain the South Dakota Nursing License Defense You Need
A domestic violence allegation in South Dakota can cast a long shadow over your nursing career. Within weeks or months, years of education and practice can go up in smoke. Whether you are in Sioux Falls, Pierre, Aberdeen, Brookings, or Rapid City, the Board of Nursing's investigations require a defense team experienced in defending medical professionals and their licenses.
The Lento Law Firm's Professional License Defense Team is ready to stand by your side. Our team has successfully defended nursing licenses in South Dakota, North Dakota, and coast-to-coast. Do not let a single accusation destroy your career. Call the Lento Law Firm Team at 888-535-3686 or message us on our contact form today.
