CHAPTER 20:48:16
REGISTRATION OF NURSING ASSISTANT PERSONNEL
Section
20:48:16:01 Operation of registry.
20:48:16:02 Application for registration.
20:48:16:03 Renewal or reinstatement of registration.
20:48:16:04 Grounds for denial of application or removal from registry.
20:48:16:05 Name change requirements.
20:48:16:06 Registration reporting requirements.
20:48:16:01. Operation of registry. The board shall operate the nursing assistive personnel registry. The registry must contain the following information for each person who has gained registry status:
(1) Full name of the registrant, including maiden name and any surnames used;
(2) Last known home address;
(3) Registration number;
(4) Date the registry status expires;
(5) Date of birth;
(6) Most recent employment;
(7) Date of successful completion of the board-approved examination; and
(8) Disciplinary proceedings against the registrant.
Source: 44 SDR 81, effective November 6, 2017; 49 SDR 51, effective November 27, 2022.
General Authority: SDCL 36-9-21(5).
Law Implemented: SDCL 36-9-21(5).
20:48:16:02. Application for registration. A person seeking initial registration shall:
(1) Apply on the form provided by the board;
(2) Hold a high school diploma or equivalent;
(3) Successfully complete a board-approved training program in accordance with § 20:48:04.01:13. An applicant who completed education that was not approved by the board shall make a request for an equivalency determination on a form provided by the board; and
(4) Provide evidence of having passed a board-approved examination.
If the applicant does not meet the registration requirements, the board shall deny the application.
Source: 44 SDR 81, effective November 6, 2017; 49 SDR 1, effective July 6, 2022; 49 SDR 51, effective November 27, 2022.
General Authority: SDCL 36-9-21(5).
Law Implemented: SDCL 36-9-21(5).
20:48:16:03. Renewal or reinstatement of registration. A registrant shall renew the registration biennially. The board shall send a notice for renewal to the last known address of each current registrant at least 90 days before the registrant's expiration date. Failure to receive the notice for renewal does not relieve the registrant of the responsibility for renewing within the prescribed time. Any renewal received by the board after the filing date indicated in the notice must be listed as lapsed on the registry.
The board shall renew or reinstate a registrant if the registrant:
(1) Applies on the form provided by the board;
(2) Submits an affidavit that the applicant has committed no act of misconduct as set forth in § 20:48:16:04; and
(3) Provides a verified statement that indicates whether the applicant was employed to administer medications to clients in a nursing facility, assisted living center, or hospital for a minimum of 12 hours during the preceding 24 months.
An applicant who does not meet the employment requirement must repeat the training program and examination requirements listed in § 20:48:16:02.
Source: 44 SDR 81, effective November 6, 2017; 49 SDR 1, effective July 6, 2022; 49 SDR 51, effective November 27, 2022.
General Authority: SDCL 36-9-21(5).
Law Implemented: SDCL 36-9-21(5).
20:48:16:04. Grounds for denial of application or removal from registry. The board, in compliance with SDCL chapters 1-26 and 36-1C, may deny an applicant or remove a registrant upon proof that the applicant or registrant has:
(1) Committed fraud, deceit, or misrepresentation in procuring or attempting to procure registration;
(2) Been convicted of a felony. The conviction of a felony means the conviction of any offense that, if committed within this state, would constitute a felony under its laws;
(3) Committed an alcohol or drug related act or offense that interferes with the ability to practice as a registrant safely;
(4) Negligently, willfully, or intentionally acted in a manner inconsistent with the health or safety of a person entrusted to the registrant’s care;
(5) Had any license or registration denied, revoked, or suspended or had other disciplinary action taken;
(6) Violated any provision of chapter 36-9 or this article;
(7) Practiced during a time the registrant’s registration is lapsed;
(8) Engaged in unsafe practice, substandard care, or unprofessional or dishonorable conduct;
(9) Violated confidentiality, patient privacy, consent, or disclosure of patient information; or
(10) Engaged in sexual harassment, sexual contact, or exercised influence within the registrant-patient relationship for the purpose of engaging a patient in sexual activity.
A revoked registration may be reissued at the discretion of the board upon a finding of good cause.
Source: 44 SDR 81, effective November 6, 2017; 49 SDR 1, effective July 6, 2022.
General Authority: SDCL 36-9-21(5).
Law Implemented: SDCL 36-9-21(5).
20:48:16:05. Name change requirements. If an applicant or registrant has a change of name, the applicant or registrant must, within sixty days, submit to the board an application and a certified copy of the legal instrument or other written evidence that authenticates the name change. The board shall, upon receipt of the application and legal instrument or other evidence, add the name to the applicant’s registration application or change the registrant’s name on the board’s nursing assistant registry.
Source: 51 SDR 16, effective August 18, 2024.
General Authority: SDCL 36-9-21.
Law Implemented: SDCL 36-9-21(5).
Cross Reference: Court proceedings not required for nonfraudulent change to new, consistently used name, Attorney General's Opinion No. 77-31.
20:48:16:06. Registration reporting requirements. An applicant or registrant shall, within sixty days of the event, report to the board either of the following events:
(1) A change of address; and
(2) A complaint pending with, or discipline issued by, another licensing board.
Source: 51 SDR 16, effective August 18, 2024.
General Authority: SDCL 36-9-21.
Law Implemented: SDCL 36-9-21(5).
