20 : 48 : 16 : 04 . Grounds for denial of application or removal from registry. The board, in compliance with SDCL chapters 1-26 and 36-1C , may deny an applicant or remove a certified nurse aide or a registered medication aide from the registry, or may take other disciplinary or corrective action the board considers appropriate in addition to or in lieu of denial or removal from the registry, upon proof that the applicant or registered certified nurse aide or a medication aide has :

1. (1) Committed fraud, deceit, or misrepresentation in procuring or attempting to procure registration;
2. (2) Been convicted of a crime that directly relates to the practice of nursing;
3. (3) Committed an alcohol or drug related act or offense that interferes with the ability to practice as a registrant safely;
4. (4) Negligently, willfully, or intentionally acted in a manner inconsistent with the health or safety of a person entrusted to the registrant’s care;
5. (5) Had any license or registration denied, revoked, or suspended or had other disciplinary action taken;
6. (6) Violated any provision of chapter 36-9 or this article;
7. (7) Practiced with a lapsed registration;
8. (8) Engaged in unsafe practice, substandard care, or unprofessional or dishonorable conduct;
9. (9) Violated confidentiality, patient privacy, consent, or disclosure of patient information;
10. (10) Engaged in sexual harassment, sexual contact, or exercised influence within the registrant-patient relationship for the purpose of engaging a patient in sexual activity;
11. (11) Had a finding of emotional and psychological abuse, neglect, or physical abuse, as defined in SDCL 22-46-1; or
12. (12) Engaged in misappropriation of resident property, as defined in § 44:73:01:01.

Source: 44 SDR 81, effective November 6, 2017 ; 49 SDR 1, effective July 6, 2022; 52 SDR 24, effective September 8, 2025 .

General Authority: SDCL 36-9-21 (5).

Law Implemented: SDCL 36-9-21 ( 5 ).

Prior versions effective: 2022-07-06, 2017-11-06.