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
(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
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.
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