ENTITLED, An Act to require certain applicants for licensure as a health professional or a licensee
who is the subject of a disciplinary investigation to submit to a state and federal criminal
background check.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 36-4 be amended by adding thereto a NEW SECTION to read as follows:
Each applicant for licensure as a physician in this state shall submit to a state and federal criminal
background investigation by means of fingerprint checks by the Division of Criminal Investigation
and the Federal Bureau of Investigation. Upon application, the Board of Medical and Osteopathic
Examiners shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon
completion of the criminal background check, the Division of Criminal Investigation shall forward
to the board all information obtained as a result of the criminal background check. This information
shall be obtained prior to permanent licensure of the applicant. The Board of Medical and
Osteopathic Examiners may require a state and federal criminal background check for any licensee
who is the subject of a disciplinary investigation by the board. Failure to submit or cooperate with
the criminal background investigation is grounds for denial of an application or may result in
revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting or
the criminal background investigation.
Section 2. That chapter 36-4A be amended by adding thereto a NEW SECTION to read as
follows:
Each applicant for licensure as a physician assistant in this state shall submit to a state and
federal criminal background investigation by means of fingerprint checks by the Division of
Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall
submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of
the criminal background check, the Division of Criminal Investigation shall forward to the board all
information obtained as a result of the criminal background check. This information shall be
obtained prior to permanent licensure of the applicant. The board may require a state and federal
criminal background check for any licensee who is the subject of a disciplinary investigation by the
board. Failure to submit or cooperate with the criminal background investigation is grounds for
denial of an application or may result in revocation of a license. The applicant shall pay for any fees
charged for the cost of fingerprinting or the criminal background investigation.
Section 3. That chapter 36-6A be amended by adding thereto a NEW SECTION to read as
follows:
Each applicant for licensure as a dentist in this state shall submit to a state and federal criminal
background investigation by means of fingerprint checks by the Division of Criminal Investigation
and the Federal Bureau of Investigation. Upon application, the board shall submit completed
fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal
background check, the Division of Criminal Investigation shall forward to the board all information
obtained as a result of the criminal background check. This information shall be obtained prior to
permanent licensure of the applicant. The board may require a state and federal criminal background
check for any licensee who is the subject of a disciplinary investigation by the board. Failure to
submit or cooperate with the criminal background investigation is grounds for denial of an
application or may result in revocation of a license. The applicant shall pay for any fees charged for
the cost of fingerprinting or the criminal background investigation.
Section 4. That chapter 36-9A be amended by adding thereto a NEW SECTION to read as
follows:
Each applicant for licensure as a certified nurse practitioner or certified nurse midwife in this
state shall submit to a state and federal criminal background investigation by means of fingerprint
checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon
application, the boards shall submit completed fingerprint cards to the Division of Criminal
Investigation. Upon completion of the criminal background check, the Division of Criminal
Investigation shall forward to the boards all information obtained as a result of the criminal
background check. This information shall be obtained prior to permanent licensure of the applicant.
The boards may require a state and federal criminal background check for any licensee who is the
subject of a disciplinary investigation by the boards. Failure to submit or cooperate with the criminal
background investigation is grounds for denial of an application or may result in revocation of a
license. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal
background investigation.
Section 5. That chapter 36-11 be amended by adding thereto a NEW SECTION to read as
follows:
Each applicant for licensure as a pharmacist in this state shall submit to a state and federal
criminal background investigation by means of fingerprint checks by the Division of Criminal
Investigation and the Federal Bureau of Investigation. Upon application, the board shall submit
completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the
criminal background check, the Division of Criminal Investigation shall forward to the board all
information obtained as a result of the criminal background check. This information shall be
obtained prior to permanent licensure of the applicant. The board may require a state and federal
criminal background check for any licensee who is the subject of a disciplinary investigation by the
board. Failure to submit or cooperate with the criminal background investigation is grounds for
denial of an application or may result in revocation of a license. The applicant shall pay for any fees
charged for the cost of fingerprinting or the criminal background investigation.
Section 6. That chapter 36-28 be amended by adding thereto a NEW SECTION to read as
follows:
Each applicant for licensure as a nursing facility administrator in this state shall submit to a state
and federal criminal background investigation by means of fingerprint checks by the Division of
Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall
submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of
the criminal background check, the Division of Criminal Investigation shall forward to the board all
information obtained as a result of the criminal background check. This information shall be
obtained prior to permanent licensure of the applicant. The board may require a state and federal
criminal background check for any licensee who is the subject of a disciplinary investigation by the
board. Failure to submit or cooperate with the criminal background investigation is grounds for
denial of an application or may result in revocation of a license. The applicant shall pay for any fees
charged for the cost of fingerprinting or the criminal background investigation.
An Act to require certain applicants for licensure as a health professional or a licensee who is the
subject of a disciplinary investigation to submit to a state and federal criminal background check.
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I certify that the attached Act
originated in the
SENATE as Bill No. 24
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 24
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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