ENTITLED, An Act to
require each applicant for licensure as a nurse and each 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
36-9
be amended by adding thereto a NEW SECTION to read as
follows:
Each applicant for licensure as a registered nurse, licensed practical nurse, certified registered
nurse anesthetist, or clinical nurse specialist 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 Nursing 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 Nursing 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.