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

          20:49:15:01.  Grounds for revocation, suspension, or nonrenewal. The license or emergency permit of a nursing facility administrator may be revoked, suspended, or not renewed by the board for cause 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;

          (3)  The licensee or permittee has been convicted of a felony. The conviction of a felony is the conviction of 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 of the drugs or controlled substances set forth in SDCL 34-20B 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; and

          (7)  The licensee or permittee has violated any provision of SDCL 36-28 or this article.

          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.

          General Authority: SDCL 36-28-4.

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


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