ARTICLE 20:49
NURSING HOME ADMINISTRATORS
Chapter
20:49:01 Definitions.
20:49:02 General rules affecting board.
20:49:03 Examinations.
20:49:04 Qualifications for initial licensure.
20:49:05 Emergency permit.
20:49:06 Reciprocal licensure.
20:49:07 Display of licenses.
20:49:08 Renewal of license and continuing education.
20:49:09 Administrator's noncompliance, Repealed.
20:49:10 Procedures in contested cases and hearings.
20:49:11 Appeal from informal hearing, Repealed.
20:49:12 Severability provisions, Repealed.
20:49:13 Initiation of rules, Superseded.
20:49:14 Declaratory rulings.
20:49:15 Revocation, suspension, or nonrenewal of license or permit.
20:49:01:01. Definitions. Terms used in this article mean:
(1) "Preceptor," a licensee who has been licensed for at least four years in South Dakota, has had no revocation or suspension of a license or other action taken as deemed necessary to protect the public, and has been approved by the board to train administrators-in-training;
(2) "Administrator-in-training," a person who is employed by or contracting with a licensed nursing facility and working under the supervision of a preceptor while completing the administrator-in-training program; and
(3) "Administrator-in-training program," an internship completed under the supervision of a preceptor that includes a minimum of 240 hours completed within six consecutive months utilizing an internship manual and reporting forms approved by the board.
Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 86, effective November 17, 1991; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 27, effective July 1, 2014.
General Authority: SDCL 36-28-10.
Law Implemented: SDCL 36-28-1.
CHAPTER 20:49:02
GENERAL RULES AFFECTING BOARD
Section
20:49:02:01 Meetings.
20:49:02:02 Repealed.
20:49:02:03 President.
20:49:02:04 Repealed.
20:49:02:05 Repealed.
20:49:02:06 Telephone meetings on rules or rulings.
20:49:02:01. Meetings. The board shall meet semiannually or as often as necessary to transact its business. A quorum must be present to transact official business.
Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 36-28-4.
Law Implemented:SDCL 36-28-4.
20:49:02:02. Officers and duties. Repealed.
Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 36 SDR 27, effective August 25, 2009; repealed, SL 2014, ch 186, § 28, effective July 1, 2014.
20:49:02:03. President. The president shall preside at all meetings of the board. In the absence of the president, the vice-president shall preside at meetings and perform all duties usually performed by the president.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; SL 2014, ch 186, § 29, effective July 1, 2014.
General Authority: SDCL 36-28-4.
Law Implemented: SDCL 36-28-4.
20:49:02:04. Secretary-treasurer.
Repealed.
Source:
SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12
SDR 155, effective July 1, 1986; repealed, 36 SDR 27, effective August 25,
2009.
20:49:02:05. Emergency decisions.Repealed.
Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; repealed, 12 SDR 99, effective December 16, 1985.
20:49:02:06. Telephone meetings on rules or rulings. The board may hold a meeting by telephone conference call to decide on any petitions filed pursuant to SDCL 1-26-13 or 1-26-15.
Source: 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 36-28-4.
Law Implemented:SDCL 36-28-4.
CHAPTER 20:49:03
EXAMINATIONS
Section
20:49:03:01 Examinations.
20:49:03:02 Repealed.
20:49:03:03 Conditional admission to examination.
20:49:03:04 Repealed.
20:49:03:05 Repealed.
20:49:03:06 Repealed.
20:49:03:07 Reexamination.
20:49:03:08 Repealed.
20:49:03:12 Repealed.
20:49:03:01. Examinations. An applicant for licensure must pass the following examinations:
(1) The computer-based Nursing Home Administrators Licensing Examination or the Core of Knowledge Examination for Long Term Care Administrators and the Nursing Home Administrators Line of Service Examination administered by the National Association of Long Term Care Administrator Boards. A passing score on each examination is a scaled score with a passing score of 113; and
(2) A state examination provided by the board covering the rules of the South Dakota Department of Health that govern nursing facilities. A nonrefundable fee of $100 must be submitted to the board prior to the examination date. A passing score on the examination is 75 percent.
Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 90, effective January 22, 1987; 17 SDR 171, effective May 16, 1991; 18 SDR 86, effective November 17, 1991; 22 SDR 74, effective November 27, 1995; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 30, effective July 1, 2014; 46 SDR 75, effective December 4, 2019.
General Authority: SDCL 36-28-10, 36-28-11, 36-28-12.
Law Implemented: SDCL 36-28-10, 36-28-11, 36-28-12.
Cross-Reference: Nursing facilities, art 44:73.
20:49:03:02. Retention of examinations. Repealed.
Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 99, effective December 16, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 36 SDR 27, effective August 25, 2009; repealed, SL 2014, ch 186, § 31, effective July 1, 2014.
20:49:03:03. Conditional admission to examination. The board may conditionally admit to examination an applicant who has not fully established qualifications if, in the judgment of the board, it appears that the applicant is otherwise qualified.
Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 32, effective July 1, 2014.
General Authority: SDCL 36-28-10.
Law Implemented: SDCL 36-28-10 to 36-28-12.
20:49:03:04. Disqualification
of applicant. Repealed.
Source:
SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12
SDR 155, effective July 1, 1986; 18 SDR 86, effective November 17, 1991;
repealed, 36 SDR 27, effective August 25, 2009.
20:49:03:05. Review of application. Repealed.
Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, SL 2014, ch 186, § 33, effective July 1, 2014.
20:49:03:06. New
application after disqualification. Repealed.
Source:
SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12
SDR 155, effective July 1, 1986; repealed, 36 SDR 27, effective August 25,
2009.
20:49:03:07. Reexamination. An applicant who has failed the national or state examination may retake the failed examination if the applicant pays the applicable nonrefundable examination fee. An applicant who has failed either examination is entitled to reexamination a maximum of three times for each examination upon payment of the applicable fees. If unsuccessful after four attempts, the applicant may petition the board for reconsideration.
Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 90, effective January 22, 1987; 17 SDR 171, effective May 16, 1991; 22 SDR 74, effective November 27, 1995; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 34, effective July 1, 2014.
General Authority: SDCL 36-28-10.
Law Implemented: SDCL 36-28-10 to 36-28-12.
20:49:03:08. Requalification.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 2 SDR 86, effective June 27, 1976.
20:49:03:09. Subjects for examination.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 2 SDR 86, effective June 27, 1976.
20:49:03:10. Grading examinations.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.
20:49:03:11. Disclosure of ratings.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.
20:49:03:12. Confidentiality.Repealed.
Source: 2 SDR 86, effective June 27, 1976; repealed, 12 SDR 99, effective December 16, 1985.
CHAPTER 20:49:04
QUALIFICATIONS FOR INITIAL LICENSURE
Section
20:49:04:01 Requirements for initial licensure.
20:49:04:02 Repealed.
20:49:04:03 Conviction of felony.
20:49:04:04 Repealed.
20:49:04:05 Transferred.
20:49:04:06 Designation of time and place for interview.
20:49:04:07 Repealed.
20:49:04:08 Repealed.
20:49:04:01. Requirements for initial licensure. To obtain licensure as a nursing facility administrator, an applicant must submit the following to the Board of Nursing Facility Administrators:
(1) A completed application form and a nonrefundable fee of three hundred ninety dollars, which shall be annually prorated based on application date and the biennial license renewal date;
(2) Certified transcripts verifying completion of at least an associate's degree;
(3) Verification of:
(a) Completion of an administrator-in-training program within four years preceding the date of application; or
(b) Completion of a practicum in long term healthcare administration from a higher education institution accredited by an organization recognized by the Council for Higher Education Accreditation within four years preceding the date of application;
(4) A copy of the applicant's driver license or equivalent birth verification;
(5) Three letters of recommendation from professional references not related to the applicant by kinship or marriage;
(6) Verification of passage, within four years preceding the date of application, of the Nursing Home Administrators Licensing Examination or the Core of Knowledge Examination for Long Term Care Administrators and the Nursing Home Administrators Line of Service Examination administered by the National Association of Long Term Care Administrator Boards; and
(7) Verification of passage of the state examination approved by the board covering the rules of the Department of Health that govern nursing facilities within four years preceding the date of application.
Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 8 SDR 24, effective September 16, 1981; 8 SDR 166, effective June 15, 1982; 9 SDR 108, effective February 21, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 171, effective May 16, 1991; 22 SDR 74, effective November 27, 1995; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 35, effective July 1, 2014; 46 SDR 75, effective December 4, 2019; 50 SDR 71, effective December 18, 2023.
General Authority: SDCL 36-28-9, 36-28-10, 36-28-11, 36-28-12, 36-28-15.
Law Implemented: SDCL 36-28-9, 36-28-10, 36-28-11, 36-28-12.
20:49:04:02. Application requirements. Repealed.
Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; transferred from § 20:49:04:05, 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 74, effective November 27, 1995; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; repealed, SL 2014, ch 186, § 36, effective July 1, 2014.
20:49:04:03. Conviction of felony. The board may refuse to issue a license if the applicant has been convicted, pled no contest, nolo contendere, pled guilty to, or been granted a deferred judgment or suspended imposition of sentence, or had prosecution deferred with respect to a felony.
Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 74, effective November 27, 1995; SL 2014, ch 186, § 37, effective July 1, 2014.
General Authority: SDCL 36-28-4, 36-28-12.
Law Implemented: SDCL 36-28-12.
20:49:04:04. Federal qualifications.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.
20:49:04:05. Transferred to § 20:49:04:02.
20:49:04:06. Designation of time and place for interview. The board may designate a time and place at which an applicant may be required to be present for an interview and oral examination.
Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 36-28-4.
20:49:04:07. No discrimination.Repealed.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 22 SDR 74, effective November 27, 1995.
20:49:04:08. Initial license fee. Repealed.
Source: 12 SDR 99, effective December 16, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 171, effective May 16, 1991; 27 SDR 61, effective December 24, 2000; repealed, SL 2014, ch 186, § 38, effective July 1, 2014.
CHAPTER 20:49:05
EMERGENCY PERMIT
Section
20:49:05:01 Emergency permit.
20:49:05:02 Limit on emergency permits at individual nursing facility.
20:49:05:01. Emergency permit. To meet the needs of a nursing facility that has a vacancy in the administrator's position, the Board of Nursing Facility Administrators may issue to an individual an emergency permit to practice as a nursing facility administrator for not more than one hundred eighty days, subject to the following:
(1) A person of authority from the facility with the vacancy submits an application to the board, accompanied by a nonrefundable fee of two hundred sixty dollars;
(2) The emergency administrator provides services under the supervision of a preceptor;
(3) The preceptor provides appropriate supervision and is reasonably available to the emergency administrator to provide assistance; and
(4) The preceptor observes the emergency administrator at least two days per month in the facility in which the emergency administrator is serving and keeps a written summary of what was accomplished or discussed at each visit. The emergency administrator and the preceptor shall maintain a copy of the dated summary for one year following the date of expiration of the emergency permit.
A preceptor may only be held responsible for the acts of the emergency administrator operating under the preceptor's supervision if the preceptor does not fulfill the requirements of this section.
Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 90, effective January 22, 1987; 17 SDR 171, effective May 16, 1991; 18 SDR 86, effective November 17, 1991; 22 SDR 74, effective November 27, 1995; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 39, effective July 1, 2014; 50 SDR 71, effective December 18, 2023.
General Authority: SDCL 36-28-13.
Law Implemented: SDCL 36-28-13.
20:49:05:02. Limit on emergency permits at individual nursing facility. At the expiration of an emergency permit granted under § 20:49:05:01, the board may, upon application, renew an emergency permit for an additional 180 days provided the individual meets the requirements of § 20:49:05:01. An emergency permit may be renewed only once.
Source: 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 86, effective November 17, 1991.
General Authority:SDCL 36-28-4.
Law Implemented:SDCL 36-28-13.
20:49:06:01. Reciprocal licensure. To obtain reciprocal licensure as a nursing facility administrator, an applicant must submit the following to the Board of Nursing Facility Administrators:
(1) A completed application form and a nonrefundable fee of three hundred ninety dollars;
(2) Certified transcripts verifying completion of at least an associate's degree;
(3) Verification of completion of:
(a) An administrator-in-training program within four years preceding the date of application;
(b) A practicum in long term care healthcare administration from a higher education institution accredited by an organization recognized by the Council for Higher Education Accreditation within four years preceding the date of application; or
(c) Six consecutive months of service as an administrator of a licensed nursing facility within four years preceding the date of application;
(4) A copy of the applicant's driver license or equivalent birth verification;
(5) Three letters of recommendation from professional references not related to the applicant by kinship or marriage;
(6) Verification of passage of the Nursing Home Administrators Licensing Examination or the Core of Knowledge Examination for Long Term Care Administrators and the Nursing Home Administrators Line of Service Examination administered by the National Association of Long Term Care Administrator Boards;
(7) Verification of passage of the state examination provided by the board covering the rules of the Department of Health that govern nursing facilities within four years preceding the date of application; and
(8) A certified letter verifying the nursing facility administrator license, or equivalent license, and status of the license from the board in each state or other political subdivision of the United States in which the applicant is or has been licensed.
If an applicant for reciprocal licensure has had action taken against a license as a nursing facility administrator, or equivalent license, the board may deny a license to the applicant.
Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 90, effective January 22, 1987; 17 SDR 171, effective May 16, 1991; 22 SDR 74, effective November 27, 1995; 24 SDR 21, effective August 24, 1997; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 40, effective July 1, 2014; 46 SDR 75, effective December 4, 2019; 50 SDR 71, effective December 18, 2023.
General Authority: SDCL 36-28-9, 36-28-10, 36-28-11, 36-28-12, 36-28-14.
Law Implemented: SDCL 36-28-9, 36-28-10, 36-28-11, 36-28-12, 36-28-14.
Cross-Reference: Nursing facilities, article 44:73.
CHAPTER 20:49:07
DISPLAY OF LICENSES
Section
20:49:07:01 Display of licenses.
20:49:07:02 Duplicate licenses.
20:49:07:01. Display
of licenses. Each person licensed as a nursing facility administrator shall
display the license in a conspicuous place in the licensee's office or place of
business.
Source:
SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; repealed, 12 SDR
151, 12 SDR 155, effective July 1, 1986; readopted, 13 SDR 90, effective
January 22, 1987; 36 SDR 27, effective August 25, 2009.
General
Authority: SDCL 36-28-18.
Law
Implemented: SDCL 36-28-18.
20:49:07:02. Duplicate licenses. The board may issue a duplicate license upon request and payment of a $50 fee.
Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986; readopted, 13 SDR 90, effective January 22, 1987; 27 SDR 61, effective December 24, 2000; SL 2014, ch 186, § 41, effective July 1, 2014.
General Authority: SDCL 36-28-18.1.
Law Implemented: SDCL 36-28-18.1.
CHAPTER 20:49:08
RENEWAL OF LICENSE AND CONTINUING EDUCATION
Section
20:49:08:01 Application for renewal.
20:49:08:01.01 Fee for renewal.
20:49:08:02 Inactive status -- Reactivation.
20:49:08:03 Continuing education requirements.
20:49:08:04 Criteria for continuing education course approval.
20:49:08:05 Repealed.
20:49:08:01. Application for renewal. To renew a license, a licensee must apply to the Board of Nursing Facility Administrators by December thirty-first of each even-numbered year and report any information requested by the board on forms provided by the board. A licensee need not be actively practicing as a nursing facility administrator to be eligible to renew the license.
Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 42, effective July 1, 2014; 50 SDR 71, effective December 18, 2023.
General Authority: SDCL 36-28-18.
Law Implemented: SDCL 36-28-18.
20:49:08:01.01. Fee for renewal. The nonrefundable fee for renewal of a license is three hundred ninety dollars.
Source: 12 SDR 99, effective December 16, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 90, effective January 22, 1987; 18 SDR 86, effective November 17, 1991; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 43, effective July 1, 2014; 50 SDR 71, effective December 18, 2023.
General Authority: SDCL 36-28-18.
Law Implemented: SDCL 36-28-18.
20:49:08:02. Inactive status -- Reactivation. A licensee may place the license on inactive status upon completion of a form provided by the Board of Nursing Facility Administrators and payment of a nonrefundable fee of one hundred fifty-nine dollars. A licensee may reactivate the license as provided in SDCL 36-28-18.2. The required fee to reactivate a license is three hundred dollars. To satisfy the continuing education requirement to reactivate a license, the licensee must provide evidence of twenty hours of board-approved continuing education earned within the past twelve months prior to the date of reactivation.
Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 18 SDR 86, effective November 17, 1991; readopted, 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 44, effective July 1, 2014; 50 SDR 71, effective December 18, 2023.
General Authority: SDCL 36-28-18.2.
Law Implemented: SDCL 36-28-18.2.
20:49:08:03. Continuing education requirements. A minimum of 40 hours of board approved continuing education directly related to the duties of a nursing facility administrator and pertaining to health care, healthcare administration, or business administration is required biennially for renewal of a license. The board may accept academic courses directly related to the duties of a nursing facility administrator and pertaining to health care, healthcare administration, or business administration offered through a higher education institution accredited by an organization recognized by the Council for Higher Education Accreditation. The board may approve continuing education providers and programs.
Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 90, effective January 22, 1986; 22 SDR 74, effective November 27, 1995; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 45, effective July 1, 2014; 46 SDR 75, effective December 4, 2019.
General Authority: SDCL 36-28-21.1.
Law Implemented: SDCL 36-28-21.1.
20:49:08:04. Criteria for continuing education course approval. A provider or program that desires approval as a continuing education provider or program may apply on a form approved by the board. The board shall notify the applicant of its decision.
Source: 13 SDR 90, effective January 22, 1987; 22 SDR 74, effective November 27, 1995; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 46, effective July 1, 2014.
General Authority: SDCL 36-28-21.1.
Law Implemented: SDCL 36-28-21.1.
20:49:08:05. Attendee request for continuing education approval. Repealed.
Source: 36 SDR 27, effective August 25, 2009; repealed, SL 2014, ch 186, § 47, effective July 1, 2014.
CHAPTER 20:49:09
ADMINISTRATOR'S NONCOMPLIANCE
(Repealed. 6 SDR 66, effective January 9, 1980)
CHAPTER 20:49:10
PROCEDURES IN CONTESTED CASES AND HEARINGS
Section
20:49:10:01 Repealed.
20:49:10:02 Repealed.
20:49:10:03 Repealed.
20:49:10:04 Repealed.
20:49:10:05 Repealed.
20:49:10:06 Repealed.
20:49:10:07 Repealed.
20:49:10:08 Repealed.
20:49:10:09 Repealed.
20:49:10:01. Right to counsel.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.
20:49:10:02. Procedure without counsel.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.
20:49:10:03. Adjournments.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.
20:49:10:04. Subpoenas.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.
20:49:10:05. Determination of hearing officer.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.
20:49:10:06. Findings and conclusions.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.
20:49:10:07. Availability of records.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.
20:49:10:08. Procedures in contested cases. Repealed.
Source: 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, SL 2014, ch 186, § 48, effective July 1, 2014.
20:49:10:09. Procedures in board hearings. Repealed.
Source: 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, SL 2014, ch 186, § 49, effective July 1, 2014.
CHAPTER 20:49:11
APPEAL FROM INFORMAL HEARING
(Repealed. 6 SDR 66, effective January 9, 1980)
CHAPTER 20:49:12
SEVERABILITY PROVISIONS
(Repealed. 6 SDR 66, effective January 9, 1980)
CHAPTER 20:49:13
INITIATION OF RULES
(Superseded)
Commission Note:SDCL 1-26-13 provides a statutory procedure to use for petitioning an agency for amendments to its rules, thus effectively superseding this chapter.
CHAPTER 20:49:14
DECLARATORY RULINGS
Section
20:49:14:01 Petition for declaratory ruling.
20:49:14:02 Repealed.
20:49:14:01. Petition for declaratory ruling. Any person may petition the board to issue a declaratory ruling by filing a written request.
Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; SL 2014, ch 186, § 50, effective July 1, 2014.
General Authority: SDCL 36-28-4.
Law Implemented: SDCL 1-26-15.
20:49:14:02. Board action on petition. Repealed.
Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, SL 2014, ch 186, § 51, effective July 1, 2014.
CHAPTER 20:49:15
REVOCATION, SUSPENSION, OR NONRENEWAL OF LICENSE OR PERMIT
Section
20:49:15:01 Grounds for revocation, suspension, or other action.
20:49:15:02 Unprofessional conduct.
20:49:15:01. Grounds for revocation, suspension, or other action. The Board of Nursing Facility Administrators may revoke or suspend a license or take other action deemed necessary to protect the public upon any of the following grounds:
(1) The licensee failed to complete continuing education requirements;
(2) The licensee or permittee is found to have committed fraud, bribery, or deceit in procuring a license or permit, in carrying out the duties of a nursing home administrator, or in obtaining renewal of a license or permit;
(3) The licensee or permittee has been convicted of, pled no contest to, pled nolo contendere to, pled guilty to, or been granted a deferred judgment or suspended imposition of sentence on, or had prosecution deferred with respect to, a felony. A felony includes any offense committed in another state that would be a felony under the laws of this state;
(4) The licensee or permittee is addicted to the use of intoxicating beverages, narcotics, or any drugs or controlled substances to an extent that the licensee or permittee cannot perform the duties of a nursing facility administrator with reasonable skill and safety;
(5) The physical or mental condition of the licensee or permittee is determined by a competent examiner to jeopardize those who seek the professional services of the licensee or permittee. A majority of the board may demand an examination of the licensee or permittee. Failure of the licensee or permittee to submit to the examination is grounds for suspension of the license or permit;
(6) The licensee or permittee is found to have committed unprofessional conduct;
(7) The licensee or permittee has violated any provision of SDCL chapter 36-28 or any rule promulgated pursuant to that chapter; or
(8) The licensee had an adverse action taken against a nursing facility administrator or equivalent license in another jurisdiction.
Source: 8 SDR 24, effective September 16, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 74, effective November 27, 1995; SL 2014, ch 186, § 52, effective July 1, 2014; 50 SDR 71, effective December 18, 2023.
General Authority: SDCL 36-28-9.
Law Implemented: SDCL 36-28-9, 36-28-12.1, 36-28-23.
20:49:15:02. Unprofessional conduct. Unprofessional conduct includes:
(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 a patient's or resident's dignity and right to privacy;
(4) Violating the confidentiality of information or knowledge concerning a 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 a 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 of Nursing Facility Administrators, Department of Health, or 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 this state or in another state denied, refused renewal, revoked, or suspended due to unprofessional conduct as defined in subdivisions (1) to (16), inclusive, of this section.
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; 50 SDR 71, effective December 18, 2023.
General Authority: SDCL 36-28-9.
Law Implemented: SDCL 36-28-9, 36-28-12.1, 36-28-23.
