The board may apply for an injunction in the circuit court for the county of the person‘s residence to enjoin any person who:

(1) Is unlawfully practicing as a certified nurse practitioner or certified nurse midwife without a license issued by the board;

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Terms Used In South Dakota Codified Laws 36-9A-38

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) Is practicing as a certified nurse practitioner or certified nurse midwife under a license that has lapsed or has been suspended or revoked;

(3) Is practicing as a certified nurse practitioner or certified nurse midwife beyond the scope of practice authorized by § 36-9A-12 or 36-9A-13; or

(4) Is, by reason of a physical or mental condition, endangering, or threatening to endanger, the health or safety of those entrusted to that person’s care as a certified nurse practitioner or certified nurse midwife.

Source: SL 1979, ch 256, § 29; SL 1995, ch 218, § 25; SL 2017, ch 171, § 41.