20 : 48 : 17 : 04 . Voluntary enrollment. An individual may be voluntarily enrolled in the program upon meeting the application requirements in § 20:48:17:06 and if the applicant:

1. (1) Does not have a history of nursing practice involving significant harm or death to a patient;
2. (2) Has not engaged in the diversion of drugs or substances for the purpose of sale or distribution to others;
3. (3) Has not engaged in behavior that has a high potential to cause patient harm;
4. (4) Has not fraudulently written a prescription;
5. (5) Has not been convicted of crimes involving sexual misconduct; and

6. (6) Does not have a history of disciplinary action that would prohibit licensure in South Dakota and is not under investigation that may result in discipline leading to probation, suspension, or revocation of license.

   Program personnel shall maintain the confidentiality of participants and not publicly share participant information. Participants accepted into the program will be issued a single state nursing license. Participants who fail to comply with the terms of the program or participation agreement may be denied admission or terminated from the program and reported to the board.

Source: 48 SDR 40, effective October 5, 2021 .

General Authority: SDCL 36-2A-14 .

Law Implemented: SDCL 36-2A-1.1 , 36-2A-2 , 36-2A-7 , 36-2A-8 .