Any person who believes a registrant, unlicensed medication aide (UMA) has violated the Nurse Practice Act may report the violation to SDBON in the form of a written complaint.
Board staff investigates all written complaints received that falls under the board’s legal jurisdiction.
Emergency Board Action
If there is an immediate risk of harm to the public, the board may take emergency action to temporarily suspend an UMA until a formal hearing can be held.
UMA’s Due Process
A UMA, against whom a complaint is made, is always afforded due process and will be given notice and a copy of the complaint.
Board staff may request and schedule an informal meeting as a part of the investigation to discuss the complaint. Attendees at the meeting may include board staff, the UMA, and attorneys if requested.
Following an investigation, the case will be heard by the board’s Compliance Committee. The committee meets prior to each regularly scheduled board meeting and offers a proposed settlement on a case. If the settlement is accepted, the case is brought to the full board for acceptance at their next meeting.
If a settlement is rejected, the board will proceed with a Contested Case Hearing under SDCL 1-26. After the hearing, the full board, with the exception of the Compliance Committee, decides the appropriate action to take. The board may take non-disciplinary or disciplinary action, which may be anything from dismissal of the complaint to revocation, based on the nature of the violation.
An UMA always has the right to request a Contested Case Hearing before the full board anytime formal disciplinary action is recommended.
Board actions involving discipline will be published in the board’s newsletter, South Dakota Nursing News, on the board’s website, and reported to the National Practitioner Data Bank (NPDB) as required by law.