44:74:02:06.  Nursing facility required to pay costs of training and competency evaluation. A nursing facility shall pay all costs of nurse aide training and competency evaluation or reimburse the nurse aide for the cost incurred in completing the program if the facility employs the aide within twelve months following completion of the training program. Reimbursement may be made during the first twelve months of employment by installments. A nursing facility is not required to pay the cost of training and competency evaluation of a training program, conducted by an online or non-nursing home based nurse aide training program, if the nurse aide leaves employment or is terminated before completing the facility's probationary period of employment. The nursing facility's probationary period for nurse aides shall be similar to other employees of the nursing home. A nursing facility shall not seek restitution for those installments already paid to the nurse aide prior to termination. The nurse aide shall not seek payment of training costs if costs have already been paid by another facility where previously employed.

          Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:06, 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-29.

          Law Implemented: SDCL 34-12-29.