44:67:01:01.  Definitions. Terms defined in SDCL 34-23A-1 have the same meaning in this article.

          Source: 33 SDR 107, effective December 26, 2006.

          General Authority: SDCL 34-23A-51.

          Law Implemented: SDCL 34-23A-51.

          44:67:01:02.  Application for license. Any applicant desiring a license or a license renewal shall file with the department an application verified under oath and in a form prescribed by the department. The application shall contain the following:

          (1)  The name and address of the applicant and operator;

          (2)  If a firm or corporation, the names and addresses of the principal officers; or if a corporate body, the name of the state under whose laws the corporation is organized;

          (3)  A description of the abortion facility to include the address and whether the facility is owned, leased, or subleased. A true copy of the lease or sublease shall be attached to the application;

          (4)  A certification of consent to allow inspections of the abortion facility by authorized department inspectors upon presentation of identification during the hours of operation;

          (5)  Satisfactory evidence of the applicant's ability to comply with the minimum standards of this chapter; and

          (6)  Any other information which the secretary of the department considers necessary.

          The department shall issue a license to the applicant if it is satisfied that the facts set forth in the application are true and complete and in accordance with the provisions in SDCL chapter 34-23A and this chapter. The department may refuse to issue a license upon any of the grounds stated in this chapter. Upon denial, the department shall advise the applicant of the reasons for denial. The applicant may contest the denial pursuant to SDCL chapter 1-26.

          Source: 33 SDR 107, effective December 26, 2006.

          General Authority: SDCL 34-23A-51.

          Law Implemented: SDCL 34-23A-46, 34-23A-48, 34-23A-51.

          44:67:01:03.  Expiration of licenses -- Annual renewal. Any license issued under SDCL chapter 34-23A expires on the next succeeding June thirtieth, unless otherwise provided by this chapter, and shall be renewed annually subject to the provisions of this chapter.

          Source: 33 SDR 107, effective December 26, 2006.

          General Authority: SDCL 34-23A-46, 34-23A-51.

          Law Implemented: SDCL 34-23A-46, 34-23A-51.

          44:67:01:04.  Departmental inspections. The department shall, at least annually, make one inspection of each abortion facility licensed under SDCL chapter 34-23A and this chapter to ascertain that the abortion facility is in compliance with the provisions of SDCL chapter 34-23A and this chapter. The inspection shall take place during business hours and shall be conducted by authorized representatives of the department after presentation of identification. If, prior to an inspection, the operator refuses to allow the inspection, no inspection shall be made. If, during the course of the inspection, the operator refuses to allow the inspection to continue, the inspection shall cease. In such cases, the department may immediately initiate revocation proceedings pursuant to SDCL chapter 1-26 against the licensee.

          Source: 33 SDR 107, effective December 26, 2006.

          General Authority: SDCL 34-23A-51.

          Law Implemented: SDCL 34-23A-49, 34-23A-51.

          44:67:01:05.  Grounds for suspension or revocation of license. The department may suspend or revoke a license issued under SDCL chapter 34-23A and this chapter on any of the following grounds:

          (1)  Violation of any of the provisions of SDCL chapter 34-23A or this chapter;

          (2)  Permitting, aiding, or abetting the commission of any unlawful act in the facility;

          (3)  Conduct of practices detrimental to the welfare of the patient; and

          (4)  Failure to allow department inspections, including complaint inspections and necessary follow-up inspections.

          Source: 33 SDR 107, effective December 26, 2006.

          General Authority: SDCL 34-23A-51.

          Law Implemented: SDCL 34-23A-46, 34-23A-48, 34-23A-51.

          44:67:01:06.  Procedure for suspension or revocation of license. No license shall be suspended or revoked except in compliance with SDCL chapter 1-26.

          Source: 33 SDR 107, effective December 26, 2006.

          General Authority: SDCL 34-23A-51.

          Law Implemented: SDCL 34-23A-46, 34-23A-48, 34-23A-51.

          44:67:01:07.  New license issued after suspension or revocation. If a license is suspended or revoked as provided in this chapter, a new application for license may be considered by the department if the conditions upon which suspension or revocation was based have been corrected and evidence of this fact has been satisfactorily submitted to the department. A new license may then be granted after proper inspection has been made and all provisions of SDCL chapter 34-23A and this article have been complied with.

          Source: 33 SDR 107, effective December 26, 2006.

          General Authority: SDCL 34-23A-51.

          Law Implemented: SDCL 34-23A-46, 34-23A-48, 34-23A-51.

          44:67:01:08.  Posting of license. The most current license issued by the department must be posted on the premises of the abortion facility in a place conspicuous to the public. Each abortion facility address shall show a current license. The license certificate remains the property of the department.

          Source: 33 SDR 107, effective December 26, 2006.

          General Authority: SDCL 34-23A-51.

          Law Implemented: SDCL 34-23A-46, 34-23A-48, 34-23A-51.

          44:67:01:09.  Annual license fee. The annual license fee for an abortion facility is $500.

          Source: 33 SDR 107, effective December 26, 2006; 35 SDR 305, effective July 1, 2009.

          General Authority: SDCL 34-23A-48.

          Law Implemented: SDCL 34-23A-48.

          44:67:01:10.  Appeal from department. Any person aggrieved by any decision or ruling of the department may appeal under the provisions of SDCL chapter 1-26.

          Source: 33 SDR 107, effective December 26, 2006.

          General Authority: SDCL 34-23A-51.

          Law Implemented: SDCL 34-23A-51.