STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

June 23, 1975

Mr. David Vigen
Executive Director
Charities and Corrections
217 East Dakota Avenue
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 75-115

Medication dispensation

Dear Mr. Vigen:

Reference is made to your request for information concerning the legality of the general practice of giving practical nurses (L.P.N.'s) and nurses aides the authority to administer medications in various forms. Your questions are governed by SDCL 36-9-3 and 4. These two statutes read as follows:

36-9-3. Scope of professional nursing practice-Title used.-As used in this chapter:

(1) The "practice of professional nursing" means the performance for compensation of any act in the observation, care, evaluation, and counsel of the ill, injured or infirm, or in the maintenance of health or prevention of illness of others or in the supervision and teaching of other personnel, or the administration of medications and treatments as prescribed by a licensed physician or licensed dentist; requiring substantial specialized judgment and skill and based on knowledge and application of principles of biological, physical and social science. The professional nurse may perform in addition to the foregoing, such special acts, with appropriate training, delegated by a physician licensed under the Medical Practice Act of South Dakota or by the medical staff of an employing medical facility licensed by the state of South Dakota. The foregoing shall not be deemed to include the practice of medicine, dentistry, or pharmacy.

(2) "Professional nurse" means a person duly authorized under this chapter to practice professional nursing. R.N. is the designation used for a professional nurse.

36-9-4. Scope of practical nursing practice-Title used.-As used in this chapter:

(I) The "practice of practical nursing" means the performance for compensation of any acts in the care, treatment or observation of the ill, injured or infirm and for the maintenance of the health of others and the promotion of health care, including the administration of medications and treatments, consistent with the practical nurse's education and preparation, under the direction of a licensed physician, dentist, or registered nurse. The licensed practical nurse may perform any of the foregoing duties, and with appropriate training may perform additional specialized nursing functions when directed to do so by the licensed physician, dentist or registered nurse.

(2) "Practical nurse" means a person duly authorized under this chapter to practice practical nursing. L.P.N. is the designation used for a practical nurse."

I have underlined those provisions of the above statute which are particularly germane to your question. You will note that SDCL 36-9-3 grants to professional nurses (R. N.’s) the authority to administer all medications prescribed by a licensed physician. This would include the authority to give intravenous, intramuscular, and subcutaneous injections as well as oral medications.

However, the practical nurse (L. P. N.) is authorized by SDCL 36-9-4 to administer medications "consistent with the practical nurse's education and preparation." Officials of the State Board of Nursing, St. Mary's School of Nursing in Pierre, and St. John's School of Nursing in Rapid City, have informed this office that practical nurses are not trained to give intravenous injections in nursing school. They are trained to give intramuscular and subcutaneous injections, and oral medications.

The Legislature must be presumed to have known of the scope of training and experience practical nurses receive in the various nursing schools of the State. Accordingly, it is the opinion of this office that practical nurses are not authorized by law to give intravenous injections, unless training or experience in addition to nursing school is first obtained.

The administration of medications in any form constitutes either the practice of professional or practical nursing. A license to practice either form of nursing is required by SDCL 36-9-2. Of course, nurses aides do not possess, nor could they qualify to hold such a license. Therefore, I must conclude that nurses aides are not authorized by law to administer medications in any form.

I realize that the number of professional and practical nurses working at the Human Services Center is very limited. However, this office is required to interpret the words of a statute in their plain, ordinary meaning. The Legislature will hopefully remedy the situation at its next session.

Sincerely,

William Janklow
Attorney General

WJJ:GJV:dk

cc/Mrs. Ardis Henderson, R.N.
Director of Nursing Service
South Dakota Human Services Center