Rule 20:49:15:02 Unprofessional conduct.
20:49:15:02. Unprofessional conduct.
Unprofessional conduct includes but is not limited to the following:
(1) Failure to exercise technical
competence in carrying out nursing facility administration;
(2) Failure to follow or enforce
policies or procedures necessary to assure patient or resident welfare and
(3) Failure to safeguard the patient's
or resident's dignity and right to privacy;
(4) Violating the confidentiality of
information or knowledge concerning the patient or resident;
(5) Mental, verbal, or physical abuse
of a patient or resident;
(6) Using alcohol or other drugs to the
extent that there is significant interference with job performance;
(7) Misuse of drug supplies, narcotics,
or a patient's or resident's records;
(8) Falsifying a patient's or
resident's records or intentionally charting incorrectly;
(9) Appropriating medications,
supplies, or personal items of the patient or resident or agency;
(10) Forging a prescription or making a
drug available to self, friends, or family members;
(11) Falsifying records submitted to
the board, to the state department of health, or to any other government
(12) Delegating nursing facility
administrator care, functions, tasks, or responsibilities to others contrary to
SDCL chapter 36-28 or to the detriment of patient or resident safety;
(13) Failure to exercise appropriate
supervision over persons who are authorized to practice only under the
supervision of a licensed professional;
(14) Leaving a nursing facility
administrator assignment or post without notifying a substitute;
(15) Assisting any other person to
violate or circumvent any provision of SDCL chapter 36‑28 or this article;
(16) Permitting an unlicensed person to
use a nursing facility administrator license or permit for any purpose; and
(17) Having a license or certificate in
a related health care discipline in the state of South Dakota or in another
state denied, refused renewal, revoked, or suspended due to unprofessional
conduct as defined in items 1 to 16, inclusive, of this rule.
Source: 8 SDR 24, effective September 16,
1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; SL 2014, ch 186, § 53,
effective July 1, 2014.
General Authority: SDCL 36-28-4.
Law Implemented: SDCL 36-28-17, 36-28-22.
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