CHAPTER 20:48:14
NURSING CORPORATIONS AND HEALTH CARE CORPORATION CERTIFICATES OF REGISTRATION
Section
20:48:14:01 Initial application.
20:48:14:02 Approval of application.
20:48:14:03 Annual renewal.
20:48:14:04 Denial of registration or certificate.
20:48:14:01. Initial application. An application for registration as a nursing corporation or for a certificate of registration for a health care corporation must be filed with and approved by the board before that corporation conducts the practice of nursing in South Dakota. The initial application must include:
(1) The name of the corporation applying for registration;
(2) The business address of the main office of the corporation;
(3) The purpose of the corporation;
(4) A copy of the articles of incorporation of the corporation, certified by the Secretary of State, along with a certified copy of all amendments to them;
(5) A copy of the minutes of the corporation's organizational meeting;
(6) A written list that includes the names, business addresses, and nursing license numbers of all officers, directors, and shareholders of the corporation and of other employees of the corporation who are authorized to practice nursing;
(7) A sworn statement from an officer of the corporation stating that the corporation will not hold itself out to the public as possessing any skills or expertise not possessed by nurses in noncorporate practice and that the corporation will not do anything that would violate the standards of professional conduct established for a nurse pursuant to SDCL chapter 36-9 or 36-9A and this article or article 20:62;
(8) An initial registration fee of $100; and
(9) For an application for a certificate of registration for a health care corporation:
(A) A written list that includes the names, business addresses, and license numbers of all other health care professional officers, directors, and shareholders authorized to practice in South Dakota or licensed under SDCL title 36;
(B) A sworn statement from an officer of the corporation stating that the corporation’s shareholders, members, or partners may only be professional persons licensed to render the kind of professional service that fit the purpose of the health care corporation, limited liability company, or limited liability partnership; and
(C) A sworn statement from an officer of the corporation stating that the corporation’s officers, directors, governors, managers, or partners must be professional persons licensed to render the kind of professional services that fit the purpose of the health care corporation, limited liability company, or limited liability partnership.
Source: 23 SDR 106, effective January 1, 1997; 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 47-11E-20.
Law Implemented: SDCL 47-11E-1, 47-11F-4, 47-11F-10.
20:48:14:02. Approval of application. The board shall approve an application for registration of a nursing corporation or a certificate of registration for a health care corporation after confirming the following:
(1) The application required by § 20:48:14:01 is complete;
(2) The registration fee required by subdivision 20:48:14:01(8) has been paid;
(3) All officers, directors, shareholders, and other employees of the corporation who practice nursing are authorized to practice pursuant to SDCL chapter 36-9 or 36-9A; and
(4) No disciplinary action is pending before the board against any of the officers, directors, shareholders, or other employees of the corporation who are authorized to practice nursing.
Source: 23 SDR 106, effective January 1, 1997; 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 47-11E-20.
Law Implemented: SDCL 47-11E-1, 47-11F-5.
20:48:14:03. Annual renewal. By November 1 of each year, each approved nursing corporation or health care corporation shall apply in writing to the board for renewal of its registration or certificate of registration for the following calendar year and shall provide in writing any changes to the initial application or previous renewal. The application must include a renewal fee of $25. The board shall review and approve the renewal application after confirmation that the application meets the requirements of subdivisions 20:48:14:02(3) and (4).
Source: 23 SDR 106, effective January 1, 1997; 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 47-11E-20, 47-11F-18.
Law Implemented: SDCL 47-11E-1, 47-11F-5.
20:48:14:04. Denial of registration or certificate. The board may deny the application for registration of a nursing corporation or a certificate of registration for a health care corporation upon proof that:
(1) The initial application or the application for renewal does not comply with §§ 20:48:14:01 and 20:48:14:03, respectively;
(2) The nursing corporation or health care corporation committed fraud, deceit, or misrepresentation in its initial or renewal application;
(3) The nursing corporation or health care corporation engaged in the practice of nursing before approval of its initial application pursuant to § 20:48:14:02 or after expiration and before renewal of its registration pursuant to § 20:48:14:03; or
(4) Any officers, directors, shareholders, or employees authorized to practice nursing have violated a relevant provision of law.
Source: 23 SDR 106, effective January 1, 1997; 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 47-11E-20, 47-11F-18.
Law Implemented: SDCL 47-11E-1, 47-11E-16, 47-11E-17, 47-11F-5, 47-11F-8.
