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.
