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Rule 20:49 NURSING HOME ADMINISTRATORS

ARTICLE 20:49

NURSING HOME ADMINISTRATORS

Chapter

20:49:01             Definitions.

20:49:02             General rules affecting board.

20:49:03             Examinations.

20:49:04             Qualifications for initial licensure.

20:49:05             Emergency permit.

20:49:06             Reciprocal licensure.

20:49:07             Display of licenses.

20:49:08             Renewal of license and continuing education.

20:49:09             Administrator's noncompliance, Repealed.

20:49:10             Procedures in contested cases and hearings.

20:49:11             Appeal from informal hearing, Repealed.

20:49:12             Severability provisions, Repealed.

20:49:13             Initiation of rules, Superseded.

20:49:14             Declaratory rulings.

20:49:15             Revocation, suspension, or nonrenewal of license or permit.


Rule 20:49:01 DEFINITIONS

CHAPTER 20:49:01

DEFINITIONS

Section

20:49:01:01        Definitions.


Rule 20:49:01:01 Definitions.

          20:49:01:01.  Definitions. Terms used in this article mean:

 

          (1)  "Preceptor," a licensee who has been licensed for at least four years in South Dakota, has had no revocation or suspension of a license or other action taken as deemed necessary to protect the public, and has been approved by the board to train administrators-in-training;

 

          (2)  "Administrator-in-training," a person who is employed by or contracting with a licensed nursing facility and working under the supervision of a preceptor while completing the administrator-in-training program; and

 

          (3) "Administrator-in-training program," an internship completed under the supervision of a preceptor that includes a minimum of 240 hours completed within six consecutive months utilizing an internship manual and reporting forms approved by the board.

 

          Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 86, effective November 17, 1991; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 27, effective July 1, 2014.

          General Authority: SDCL 36-28-10.

          Law Implemented: SDCL 36-28-1.

 


CHAPTER 20:49:02

GENERAL RULES AFFECTING BOARD

Section

20:49:02:01        Meetings.

20:49:02:02        Repealed.

20:49:02:03        President.

20:49:02:04        Repealed.

20:49:02:05        Repealed.

20:49:02:06        Telephone meetings on rules or rulings.


Rule 20:49:02:01 Meetings.

          20:49:02:01.  Meetings. The board shall meet semiannually or as often as necessary to transact its business. A quorum must be present to transact official business.

          Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority:SDCL 36-28-4.

          Law Implemented:SDCL 36-28-4.


Rule 20:49:02:02 Repealed.

          20:49:02:02.  Officers and duties. Repealed.

 

          Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 36 SDR 27, effective August 25, 2009; repealed, SL 2014, ch 186, § 28, effective July 1, 2014.

 


Rule 20:49:02:03 President.

          20:49:02:03.  President. The president shall preside at all meetings of the board. In the absence of the president, the vice-president shall preside at meetings and perform all duties usually performed by the president.

 

          Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; SL 2014, ch 186, § 29, effective July 1, 2014.

          General Authority: SDCL 36-28-4.

          Law Implemented: SDCL 36-28-4.

 


Rule 20:49:02:04 Repealed.

          20:49:02:04.  Secretary-treasurer. Repealed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 36 SDR 27, effective August 25, 2009.

 


Rule 20:49:02:05 Repealed.

          20:49:02:05.  Emergency decisions.Repealed.

          Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; repealed, 12 SDR 99, effective December 16, 1985.


Rule 20:49:02:06 Telephone meetings on rules or rulings.

          20:49:02:06.  Telephone meetings on rules or rulings. The board may hold a meeting by telephone conference call to decide on any petitions filed pursuant to SDCL 1-26-13 or 1-26-15.

          Source: 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority:SDCL 36-28-4.

          Law Implemented:SDCL 36-28-4.


CHAPTER 20:49:03

EXAMINATIONS

Section

20:49:03:01        Examinations.

20:49:03:02        Repealed.

20:49:03:03        Conditional admission to examination.

20:49:03:04        Repealed.

20:49:03:05        Repealed.

20:49:03:06        Repealed.

20:49:03:07        Reexamination.

20:49:03:08        Repealed.

20:49:03:12        Repealed.


Rule 20:49:03:01 Examinations.

          20:49:03:01.  Examinations. An applicant for licensure must pass the following examinations:

 

          (1)  The computer-based Nursing Home Administrators Licensing Examination administered by the National Association of Long Term Care Administrator Boards. A passing score on the examination is a scaled score with a passing point of 113; and

 

          (2)  A state examination provided by the board covering the rules of the South Dakota Department of Health that govern nursing facilities. A nonrefundable fee of $100 shall be submitted to the board prior to the examination date. A passing score on the examination is 75 percent.

 

          Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 90, effective January 22, 1987; 17 SDR 171, effective May 16, 1991; 18 SDR 86, effective November 17, 1991; 22 SDR 74, effective November 27, 1995; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 30, effective July 1, 2014.

          General Authority: SDCL 36-28-10, 36-28-11.

          Law Implemented: SDCL 36-28-10 to 36-28-12.

 

          Cross-Reference: Reciprocal licensure, ch 20:49:06; Medical facilities, art 44:04.

 


Rule 20:49:03:02 Repealed.

          20:49:03:02.  Retention of examinations. Repealed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 99, effective December 16, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 36 SDR 27, effective August 25, 2009; repealed, SL 2014, ch 186, § 31, effective July 1, 2014.

 


Rule 20:49:03:03 Conditional admission to examination.

          20:49:03:03.  Conditional admission to examination. The board may conditionally admit to examination an applicant who has not fully established qualifications if, in the judgment of the board, it appears that the applicant is otherwise qualified.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 32, effective July 1, 2014.

          General Authority: SDCL 36-28-10.

          Law Implemented: SDCL 36-28-10 to 36-28-12.

 


Rule 20:49:03:04 Disqualification of applicant.

          20:49:03:04.  Disqualification of applicant. Repealed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 86, effective November 17, 1991; repealed, 36 SDR 27, effective August 25, 2009.

 


Rule 20:49:03:05 Repealed.

          20:49:03:05.  Review of application. Repealed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, SL 2014, ch 186, § 33, effective July 1, 2014.

 


Rule 20:49:03:06 Repealed.

          20:49:03:06.  New application after disqualification. Repealed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 36 SDR 27, effective August 25, 2009.

 


Rule 20:49:03:07 Reexamination.

          20:49:03:07.  Reexamination. An applicant who has failed the national or state examination may retake the failed examination if the applicant pays the applicable nonrefundable examination fee. An applicant who has failed either examination is entitled to reexamination a maximum of three times for each examination upon payment of the applicable fees. If unsuccessful after four attempts, the applicant may petition the board for reconsideration.

 

          Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 90, effective January 22, 1987; 17 SDR 171, effective May 16, 1991; 22 SDR 74, effective November 27, 1995; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 34, effective July 1, 2014.

          General Authority: SDCL 36-28-10.

          Law Implemented: SDCL 36-28-10 to 36-28-12.

 


Rule 20:49:03:08 Repealed.

          20:49:03:08.  Requalification.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 2 SDR 86, effective June 27, 1976.


Rule 20:49:03:09 Repealed.

          20:49:03:09.  Subjects for examination.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 2 SDR 86, effective June 27, 1976.


Rule 20:49:03:10 Repealed.

          20:49:03:10.  Grading examinations.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.


Rule 20:49:03:11 Repealed.

          20:49:03:11.  Disclosure of ratings.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.


Rule 20:49:03:12 Repealed.

          20:49:03:12.  Confidentiality.Repealed.

          Source: 2 SDR 86, effective June 27, 1976; repealed, 12 SDR 99, effective December 16, 1985.


CHAPTER 20:49:04

QUALIFICATIONS FOR INITIAL LICENSURE

Section

20:49:04:01        Requirements for initial licensure.

20:49:04:02        Repealed.

20:49:04:03        Conviction of felony.

20:49:04:04        Repealed.

20:49:04:05        Transferred.

20:49:04:06        Designation of time and place for interview.

20:49:04:07        Repealed.

20:49:04:08        Repealed.


Rule 20:49:04:01 Requirements for initial licensure.

          20:49:04:01.  Requirements for initial licensure. An applicant for licensure as a nursing facility administrator shall meet the education and training requirements and shall submit the following:

 

          (1)  A completed application form and a nonrefundable fee of $300;

 

          (2)  Certified transcripts verifying completion of at least an associate degree;

 

          (3)  Verification of:

 

               (a)  Completion of an administrator-in-training program within four years preceding the date of application; or

 

               (b)  Completion of a practicum in long term healthcare administration from a higher education institution accredited by an organization recognized by the Council for Higher Education Accreditation within four years preceding the date of application;

 

          (4)  A copy of the applicant's driver license or equivalent birth verification;

 

          (5)  Three letters of recommendation from professional references not related to the applicant by kinship or marriage;

 

          (6)  Verification of passage of the Nursing Home Administrators Licensing Examination administered by the National Association of Long Term Care Administrators Board within four years preceding the date of application; and

 

          (7)  Verification of passage of the state examination approved by the board covering the rules of the South Dakota Department of Health that govern nursing facilities within four years preceding the date of application.

 

          Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 8 SDR 24, effective September 16, 1981; 8 SDR 166, effective June 15, 1982; 9 SDR 108, effective February 21, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 171, effective May 16, 1991; 22 SDR 74, effective November 27, 1995; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 35, effective July 1, 2014.

          General Authority: SDCL 36-28-10, 36-28-12.

          Law Implemented: SDCL 36-28-10 to 36-28-12.

 


Rule 20:49:04:02 Repealed.

          20:49:04:02.  Application requirements. Repealed.

 

          Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; transferred from § 20:49:04:05, 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 74, effective November 27, 1995; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; repealed, SL 2014, ch 186, § 36, effective July 1, 2014.

 


Rule 20:49:04:03 Conviction of felony.

          20:49:04:03.  Conviction of felony. The board may refuse to issue a license if the applicant has been convicted, pled no contest, nolo contendere, pled guilty to, or been granted a deferred judgment or suspended imposition of sentence, or had prosecution deferred with respect to a felony.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 74, effective November 27, 1995; SL 2014, ch 186, § 37, effective July 1, 2014.

          General Authority: SDCL 36-28-4, 36-28-12.

          Law Implemented: SDCL 36-28-12.

 


Rule 20:49:04:04 Repealed.

          20:49:04:04.  Federal qualifications.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.


Rule 20:49:04:05 Transferred.

          20:49:04:05.  Transferred to § 20:49:04:02.


Rule 20:49:04:06 Designation of time and place for interview.

          20:49:04:06.  Designation of time and place for interview. The board may designate a time and place at which an applicant may be required to be present for an interview and oral examination.

          Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority:SDCL 36-28-4.

          Law Implemented:SDCL 36-28-10 to 36-28-12.


Rule 20:49:04:07 Repealed.

          20:49:04:07.  No discrimination.Repealed.

          Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 22 SDR 74, effective November 27, 1995.


Rule 20:49:04:08 Repealed.

          20:49:04:08.  Initial license fee. Repealed.

 

          Source: 12 SDR 99, effective December 16, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 171, effective May 16, 1991; 27 SDR 61, effective December 24, 2000; repealed, SL 2014, ch 186, § 38, effective July 1, 2014.

 


Rule 20:49:05 EMERGENCY PERMIT

CHAPTER 20:49:05

EMERGENCY PERMIT

Section

20:49:05:01        Emergency permit.

20:49:05:02        Limit on emergency permits at individual nursing facility.


Rule 20:49:05:01 Emergency permit.

          20:49:05:01.  Emergency permit. To meet the needs of a nursing facility that has a vacancy in the administrator's position, an emergency permit to practice as a nursing facility administrator may be issued to a person for not more than 180 days, subject to the following:

 

          (1)  A person of authority from the facility with the vacancy submits an application, accompanied by a nonrefundable emergency permit fee of $200;

 

          (2)  The emergency administrator provides services under the supervision of a  preceptor;

 

          (3)  The preceptor provides appropriate supervision and is reasonably available to the emergency administrator to provide assistance; and

 

          (4)  The preceptor observes the emergency administrator at least two days a month in the facility in which the emergency administrator is serving and keeps a written memorandum of what was accomplished or discussed at each visit. A copy of the dated memorandum shall be maintained by the emergency administrator and the preceptor for one year following the date of expiration of the emergency permit.

 

          A preceptor may be held responsible for the acts of the administrator operating under the preceptor's supervision only if the preceptor does not fulfill the requirements as stated above.

 

          Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 90, effective January 22, 1987; 17 SDR 171, effective May 16, 1991; 18 SDR 86, effective November 17, 1991; 22 SDR 74, effective November 27, 1995; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 39, effective July 1, 2014.

          General Authority: SDCL 36-28-11, 36-28-13.

          Law Implemented: SDCL 36-28-13.

 


Rule 20:49:05:02 Limit on emergency permits at individual nursing facility.

          20:49:05:02.  Limit on emergency permits at individual nursing facility. At the expiration of an emergency permit granted under § 20:49:05:01, the board may, upon application, renew an emergency permit for an additional 180 days provided the individual meets the requirements of § 20:49:05:01. An emergency permit may be renewed only once.

          Source: 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 86, effective November 17, 1991.

          General Authority:SDCL 36-28-4.

          Law Implemented:SDCL 36-28-13.


Rule 20:49:06 RECIPROCAL LICENSURE

CHAPTER 20:49:06

RECIPROCAL LICENSURE

Section

20:49:06:01        Reciprocal licensure.


Rule 20:49:06:01 Reciprocal licensure.

          20:49:06:01.  Reciprocal licensure. An applicant for reciprocal licensure as a nursing facility administrator shall meet the education and training requirements and shall submit the following:

 

          (1)  A completed application form and a nonrefundable fee of $300;

 

          (2)  Certified transcripts verifying completion of at least an associate degree;

 

          (3)  Verification of completion of:

 

               (a)  An administrator-in-training program within four years preceding the date of application;

 

               (b)  A practicum in long term care healthcare administration from a higher education institution accredited by an organization recognized by the Council for Higher Education Accreditation within four years preceding the date of application; or

 

               (c)  Six consecutive months of service as an administrator of a licensed nursing facility within four years preceding the date of application;

 

          (4)  A copy of the applicant's driver license or equivalent birth verification;

 

          (5)  Three letters of recommendation from professional references not related to the applicant by kinship or marriage;

 

          (6)  Verification of passage of the Nursing Home Administrators Licensing Examination administered by the National Association of Long Term Care Administrator Boards;

 

          (7)  Verification of passage of the state examination provided by the board covering the rules of the South Dakota Department of Health that govern nursing facilities within four years preceding the date of application; and

 

          (8)  A certified letter verifying the nursing facility administrator license, or equivalent license, and status of such license from the board in each state or other political subdivision of the United States in which the applicant is or has been licensed. If an applicant for reciprocal licensure has had action taken against a license as a nursing facility administrator, or equivalent license, the applicant may be denied a license.

 

          Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 90, effective January 22, 1987; 17 SDR 171, effective May 16, 1991; 22 SDR 74, effective November 27, 1995; 24 SDR 21, effective August 24, 1997; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 40, effective July 1, 2014.

          General Authority: SDCL 36-28-14.

          Law Implemented: SDCL 36-28-14.

 

          Cross-Reference: Medical facilities, art 44:04.

 


Rule 20:49:07 DISPLAY OF LICENSES

CHAPTER 20:49:07

DISPLAY OF LICENSES

Section

20:49:07:01        Display of licenses.

20:49:07:02        Duplicate licenses.


Rule 20:49:07:01 Display of licenses.

          20:49:07:01.  Display of licenses. Each person licensed as a nursing facility administrator shall display the license in a conspicuous place in the licensee's office or place of business.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986; readopted, 13 SDR 90, effective January 22, 1987; 36 SDR 27, effective August 25, 2009.

          General Authority: SDCL 36-28-18.

          Law Implemented: SDCL 36-28-18.

 


Rule 20:49:07:02 Duplicate licenses.

          20:49:07:02.  Duplicate licenses. The board may issue a duplicate license upon request and payment of a $50 fee.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986; readopted, 13 SDR 90, effective January 22, 1987; 27 SDR 61, effective December 24, 2000; SL 2014, ch 186, § 41, effective July 1, 2014.

          General Authority: SDCL 36-28-18.1.

          Law Implemented: SDCL 36-28-18.1.

 


CHAPTER 20:49:08

RENEWAL OF LICENSE AND CONTINUING EDUCATION

Section

20:49:08:01        Application for renewal.

20:49:08:01.01   Fee for renewal.

20:49:08:02        Inactive status -- Reactivation.

20:49:08:03        Continuing education requirements.

20:49:08:04        Criteria for continuing education course approval.

20:49:08:05        Repealed.


Rule 20:49:08:01 Application for renewal.

          20:49:08:01.  Application for renewal. Every person who holds a license shall apply to the board biennially by December 31 of each even-numbered year and report any information requested by the board on forms provided by the board. A licensee need not be actively practicing as a nursing facility administrator to be eligible to renew the license.

 

          Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 42, effective July 1, 2014.

          General Authority: SDCL 36-28-18.

          Law Implemented: SDCL 36-28-19.

 


Rule 20:49:08:01.01 Fee for renewal.

          20:49:08:01.01.  Fee for renewal. The nonrefundable fee for renewal of a license is $300.

 

          Source: 12 SDR 99, effective December 16, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 90, effective January 22, 1987; 18 SDR 86, effective November 17, 1991; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009' SL 2014, ch 186, § 43, effective July 1, 2014.

          General Authority: SDCL 36-28-18.

          Law Implemented: SDCL 36-28-18.

 


Rule 20:49:08:02 Inactive status -- Reactivation.

          20:49:08:02.  Inactive status -- Reactivation. A licensee may place the license as inactive upon completion of a form provided by the board and payment of the nonrefundable fee of $150. A licensee may reactivate the license within five years following the date of inactivation. The required fee to reactivate a license is the initial licensure fee. To satisfy the continuing education requirement to reactivate a license, the licensee shall provide evidence of 20 hours of board approved continuing education earned within the past 12 months.

 

          Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 18 SDR 86, effective November 17, 1991; readopted, 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 44, effective July 1, 2014.

          General Authority: SDCL 36-28-18.2, 36-28-21.1.

          Law Implemented: SDCL 36-28-18.2, 36-28-21.1.

 


Rule 20:49:08:03 Continuing education requirements.

          20:49:08:03.  Continuing education requirements. A minimum of 40 hours of board approved continuing education pertaining to health care, healthcare administration, or business administration is required biennially for renewal of a license. The board may accept academic courses pertaining to health care, healthcare administration, or business administration offered through a higher education institution accredited by an organization recognized by the Council for Higher Education Accreditation. The board may approve continuing education providers and programs.

 

          Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 90, effective January 22, 1986; 22 SDR 74, effective November 27, 1995; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 45, effective July 1, 2014.

          General Authority: SDCL 36-28-21, 36-28-21.1.

          Law Implemented: SDCL 36-28-21, 36-28-21.1.

 


Rule 20:49:08:04 Criteria for continuing education course approval.

          20:49:08:04.  Criteria for continuing education course approval. A provider or program that desires approval as a continuing education provider or program may apply on a form approved by the board. The board shall notify the applicant of its decision.

 

          Source: 13 SDR 90, effective January 22, 1987; 22 SDR 74, effective November 27, 1995; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 46, effective July 1, 2014.

          General Authority: SDCL 36-28-21.1.

          Law Implemented: SDCL 36-28-21.1.

 


Rule 20:49:08:05 Repealed.

          20:49:08:05.  Attendee request for continuing education approval. Repealed.

 

          Source: 36 SDR 27, effective August 25, 2009; repealed, SL 2014, ch 186, § 47, effective July 1, 2014.

 


Rule 20:49:09 ADMINISTRATOR'S NONCOMPLIANCE

CHAPTER 20:49:09

ADMINISTRATOR'S NONCOMPLIANCE

(Repealed. 6 SDR 66, effective January 9, 1980)


CHAPTER 20:49:10

PROCEDURES IN CONTESTED CASES AND HEARINGS

Section

20:49:10:01        Repealed.

20:49:10:02        Repealed.

20:49:10:03        Repealed.

20:49:10:04        Repealed.

20:49:10:05        Repealed.

20:49:10:06        Repealed.

20:49:10:07        Repealed.

20:49:10:08        Repealed.

20:49:10:09        Repealed.


Rule 20:49:10:01 Repealed.

          20:49:10:01.  Right to counsel.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.


Rule 20:49:10:02 Repealed.

          20:49:10:02.  Procedure without counsel.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.


Rule 20:49:10:03 Repealed.

          20:49:10:03.  Adjournments.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.


Rule 20:49:10:04 Repealed.

          20:49:10:04.  Subpoenas.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.


Rule 20:49:10:05 Repealed.

          20:49:10:05.  Determination of hearing officer.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.


Rule 20:49:10:06 Repealed.

          20:49:10:06.  Findings and conclusions.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.


Rule 20:49:10:07 Repealed.

          20:49:10:07.  Availability of records.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.


Rule 20:49:10:08 Repealed.

          20:49:10:08.  Procedures in contested cases. Repealed.

 

          Source: 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, SL 2014, ch 186, § 48, effective July 1, 2014.

 


Rule 20:49:10:09 Repealed.

          20:49:10:09.  Procedures in board hearings. Repealed.

 

          Source: 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, SL 2014, ch 186, § 49, effective July 1, 2014.

 


Rule 20:49:11 APPEAL FROM INFORMAL HEARING

CHAPTER 20:49:11

APPEAL FROM INFORMAL HEARING

(Repealed. 6 SDR 66, effective January 9, 1980)


Rule 20:49:12 SEVERABILITY PROVISIONS

CHAPTER 20:49:12

SEVERABILITY PROVISIONS

(Repealed. 6 SDR 66, effective January 9, 1980)


Rule 20:49:13 INITIATION OF RULES

CHAPTER 20:49:13

INITIATION OF RULES

(Superseded)

          Commission Note:SDCL 1-26-13 provides a statutory procedure to use for petitioning an agency for amendments to its rules, thus effectively superseding this chapter.


CHAPTER 20:49:14

DECLARATORY RULINGS

Section

20:49:14:01        Petition for declaratory ruling.

20:49:14:02        Repealed.


Rule 20:49:14:01 Petition for declaratory ruling.

          20:49:14:01.  Petition for declaratory ruling. Any person may petition the board to issue a declaratory ruling by filing a written request.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; SL 2014, ch 186, § 50, effective July 1, 2014.

          General Authority: SDCL 36-28-4.

          Law Implemented: SDCL 1-26-15.

 


Rule 20:49:14:02 Repealed.

          20:49:14:02.  Board action on petition. Repealed.

 

          Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, SL 2014, ch 186, § 51, effective July 1, 2014.

 


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.


Rule 20:49:15:01 Grounds for revocation, suspension, or other action.

          20:49:15:01.  Grounds for revocation, suspension, or other action. The board 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 guilty of fraud, bribery, or deceit in procuring a license or permit, in carrying out the duties as 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, nolo contendere, pled guilty to, or been granted a deferred judgment or suspended imposition of sentence, or had prosecution deferred with respect to a felony. A felony is any offense which would be a felony under the laws of South Dakota if it was committed in the state;

 

          (4)  The licensee or permittee is addicted to the use of intoxicating beverages, narcotics, or any drugs or controlled substances to such an extent that the licensee or permittee cannot perform the duties;

 

          (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. If the licensee or permittee fails to submit to the examination, it is immediate grounds for suspension of the license or permit;

 

          (6)  The licensee or permittee is guilty of 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 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.

          General Authority: SDCL 36-28-4.

          Law Implemented: SDCL 36-28-17, 36-28-19, 36-28-22.

 


Rule 20:49:15:02 Unprofessional conduct.

          20:49:15:02.  Unprofessional conduct. Unprofessional conduct includes but is not limited to the following:

 

          (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 the patient's or resident's dignity and right to privacy;

 

          (4)  Violating the confidentiality of information or knowledge concerning the 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 the 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, to the state department of health, or to 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 the state of South Dakota or in another state denied, refused renewal, revoked, or suspended due to unprofessional conduct as defined in items 1 to 16, inclusive, of this rule.

 

          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.

          General Authority: SDCL 36-28-4.

          Law Implemented: SDCL 36-28-17, 36-28-22.

 


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