61-1-38. Student nurses, interns, and hospital patients exempt. As used in this title, the term, employment, does not include:
(1) Service performed as a student nurse in the employ of a hospital or nurses training school by an individual who is enrolled in and is regularly attending classes in a nurses training school chartered or approved pursuant to state law; and service performed as an intern in the employ of a hospital by an individual who has completed a four years' course in a medical school chartered or approved pursuant to state law; or
(2) Service performed in the employ of a hospital, if such service is performed by a patient of the hospital, as defined in § 61-1-1.Source: SDC 1939, § 17.0802 (7) (g) (16) as added by SL 1941, ch 82, § 3; SL 1971, ch 276, § 14; SL 2008, ch 277, § 24; SDCL § 61-1-23; SL 2012, ch 252, § 59.