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 safety;
(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 agency;
(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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