44:74:02:09.  Denial or withdrawal of approval of training program. The department may deny or withdraw approval of a nurse aide training program if one of the following conditions applies to the nursing facility within the 24 months preceding the current survey:

          (1)  The facility has been found to be out of compliance with the provision of care requirements in chapter 44:73:04 or the nursing service requirements in chapter 44:73:06;

          (2)  The facility has been issued a probationary license;

          (3)  The facility refuses to permit an unannounced visit by the department;

          (4)  The facility fails to maintain a 75 percent pass rate on the competency evaluation for the two-year approval period;

          (5)  There is evidence that the facility has charged the nurse aide a fee for a portion of the training or competency evaluation.

          The department shall notify the entity in writing of the reason for withdrawal or denial of approval. A nurse aide currently enrolled in a program whose approval is withdrawn may complete the program with that entity.

          Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:09, 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-29.

          Law Implemented: SDCL 34-12-29.