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36-28 NURSING FACILITY ADMINISTRATORS
CHAPTER 36-28

NURSING FACILITY ADMINISTRATORS

36-28-1      Definition of terms.
36-28-2      Board for administrators--Appointment, qualifications, and terms of members.
36-28-3      Vacancies on board--Removal of members.
36-28-4      Officers of board--Rules--Employment of personnel.
36-28-5      Board continued within Department of Health--Records and reports.
36-28-6      Unlicensed acting as administrator as misdemeanor.
36-28-7      Injunction to prevent violations--Election of remedies.
36-28-8      Exemption from medical educational qualifications for applicants certified by church or religious denomination.
36-28-9      Adoption of rules by board for determining qualifications and competence of administrators--License holders deemed qualified.
36-28-10      Adoption of rules by board to develop, impose, and enforce licensing standards.
36-28-11      Examination and investigation techniques developed and applied by board--Fees.
36-28-12      Age, character, training and examination requirements for administrator's license.
36-28-12.1      Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees.
36-28-13      Emergency permit pending examination--Duration of permit--Adoption of rules--Fee.
36-28-14      Issuance of license without examination to license holder from another jurisdiction.
36-28-15      Initial fee for license.
36-28-16      Transfer of license not authorized--Period of validity of license.
36-28-17      Issuance of licenses by board--Revocation or suspension of license for cause.
36-28-18      Expiration and renewal of license--Fee.
36-28-18.1      Duplicate licenses.
36-28-18.2      Application for inactive status--Reactivation--Fee.
36-28-19      Biennial renewal of license--Procedure by board.
36-28-20      Continuing study and investigation of nursing facilities and administrators.
36-28-21      Instruction and training courses conducted by board--Approval of courses by board.
36-28-21.1      Promulgation of rules by board.
36-28-22      Procedures by board to ensure compliance with standards.
36-28-23      Action by board on charge or complaint of administrator's noncompliance.
36-28-24      Review of denial, suspension, or revocation of license.
36-28-25      Disposition of fees--Establishment and use of state Board of Examiners for nursing facility administrators fund.
36-28-26      Deposit and investment of funds by board.
36-28-27      Municipal, county or state licensing, registration, or tax requirements.
36-28-28      Severability of provisions.


36-28-1 Definition of terms.
     36-28-1.   Definition of terms. For the purposes of this chapter, the following definitions are hereby established:
             (1)      "Board" means the South Dakota State Board of Examiners for Nursing Facility Administrators.
             (2)      "Nursing facility" means any institution or facility defined as such for licensing purposes under South Dakota law or pursuant to the rules and regulations for nursing facilities and homes for the aged by the State Department of Health, whether proprietary or nonprofit, including, but not limited to nursing facilities owned or administered by the federal or state government or an agency or political subdivision thereof.
             (3)      "Nursing facility administrator" means a person who administers, manages, supervises, or is in general administrative charge of a nursing facility or homes, whether such individual has an ownership interest in such home and whether his function and duties are shared with one or more individuals; provided, however, that persons serving as a member of a nursing facility's board of directors shall not qualify as a nursing facility administrator unless he is also serving in the requisite administration capacity as here defined.

Source: SL 1969, ch 113, § 1; SDCL Supp, § 34-12A-1.


36-28-2 Board for administrators--Appointment, qualifications, and terms of members.
     36-28-2.   Board for administrators--Appointment, qualifications, and terms of members. The South Dakota State Board for Nursing Facility Administrators consists of eleven members. The members of the board shall be appointed by the Governor and shall include one licensed physician and one registered nurse, neither of whom may be an administrator or an employee of a nursing facility nor have any direct financial interest in nursing facilities; one practicing hospital administrator who is also licensed as a nursing facility administrator; two practicing administrators of proprietary nursing facilities; two practicing administrators of nonprofit nursing facilities; a designee of the secretary of health; a designee of the secretary of social services; and, two members of the general public who are not administrators or employees of a nursing facility and who have no direct financial interest in nursing facilities. The terms of all members are to be three years. No member may serve more than three consecutive full terms. The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment. The designees of the health and social services departments shall serve without compensation and reimbursement as provided in § 36-28-25, except that their travel expenses shall be paid by their respective agencies pursuant to § 3-9-2. The appointment to an unexpired term is not considered a full term.
     Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.

Source: SL 1969, ch 113, § 2; SDCL Supp, § 34-12A-2; SL 1971, ch 203; SL 1973, ch 221; SL 1986, ch 27, § 30; SL 2005, ch 199, § 67; SL 2012, ch 16, § 17; SL 2013, ch 176, § 11.


36-28-3 Vacancies on board--Removal of members.
     36-28-3.   Vacancies on board--Removal of members. Vacancies on the board shall be filled by the Governor for the balance of any unexpired term from persons qualified under the provisions of this chapter. Appointive members of the board may be removed by the Governor for cause after due notice and hearing.

Source: SL 1969, ch 113, § 3; SDCL Supp, § 34-12A-3.


36-28-4 Officers of board--Rules--Employment of personnel.
     36-28-4.   Officers of board--Rules--Employment of personnel. The board shall elect from its membership a chairman, vice-chairman, and secretary-treasurer, and shall adopt rules pursuant to chapter 1-26 to govern its proceedings. The board may, in accordance with chapter 3-6A, employ and fix the compensation and duties of necessary personnel to assist it in the performance of its duties.

Source: SL 1969, ch 113, § 9; SDCL Supp, § 34-12A-4; revised pursuant to SL 1973, ch 23; SL 1986, ch 302, § 101.


36-28-5 Board continued within Department of Health--Records and reports.
     36-28-5.   Board continued within Department of Health--Records and reports. The board for nursing facility administrators shall continue within the Department of Health, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required by the secretary of health, except that the board shall report at least annually.

Source: SL 1973, ch 2, § 56 (s); SDCL Supp, § 34-12A-4.1; SL 2003, ch 272 (Ex. Ord. 03-1), § 40.


36-28-6 Unlicensed acting as administrator as misdemeanor.
     36-28-6.   Unlicensed acting as administrator as misdemeanor. It is a Class 1 misdemeanor for any person to act or serve in the capacity of a nursing facility administrator unless he is the holder of a license issued in accordance with the provisions of this chapter.

Source: SL 1969, ch 113, § 15; SDCL Supp, § 34-12A-5; SL 1977, ch 190, § 15.


36-28-7 Injunction to prevent violations--Election of remedies.
     36-28-7.   Injunction to prevent violations--Election of remedies. The Board of Examiners is empowered to commence actions for injunctions for violations of this chapter or regulations promulgated hereunder as an alternate to criminal proceedings. The commencement of one proceeding by the board constitutes an election.

Source: SDCL Supp, § 34-12A-5.1, created as new section to carry out directions to the Code Commission contained in SL 1972, ch 15, § 4.


36-28-8 Exemption from medical educational qualifications for applicants certified by church or re...
     36-28-8.   Exemption from medical educational qualifications for applicants certified by church or religious denomination. Notwithstanding the provisions of § 36-28-12, nothing in this chapter or the rules thereunder shall be construed to require an applicant for a license as a nursing facility administrator or a temporary license, who is certified by a recognized church or religious denomination which teaches reliance on spiritual means alone for healing as having been approved to administer institutions certified by such church or denomination for the care and treatment of the sick in accordance with its teachings, to demonstrate proficiency in any medical techniques or to meet any medical educational qualifications or medical standards not in accord with the remedial care and treatment provided in such institutions.

Source: SL 1969, ch 113, § 4; SDCL Supp, § 34-12A-6; SL 1986, ch 302, § 102.


36-28-9 Adoption of rules by board for determining qualifications and competence of administrators...
     36-28-9.   Adoption of rules by board for determining qualifications and competence of administrators--License holders deemed qualified. The board shall adopt rules pursuant to chapter 1-26 to determine the qualifications and competence of any person to serve as an administrator of a nursing facility under the provisions of this chapter. The holder of a license under the provisions of this chapter may serve as the administrator of a nursing facility.

Source: SL 1969, ch 113, § 10; SDCL Supp, § 34-12A-8; SL 1996, ch 239, § 1; SL 2000, ch 199, § 1.


36-28-10 Adoption of rules by board to develop, impose, and enforce licensing standards.
     36-28-10.   Adoption of rules by board to develop, impose, and enforce licensing standards. The board shall adopt rules pursuant to chapter 1-26 to develop, impose, and enforce standards which shall be met by persons in order to receive a license as a nursing facility administrator. The standards shall ensure that nursing facility administrators are persons who, by training and experience in the field of institutional administration, are qualified to serve as nursing facility administrators.

Source: SL 1969, ch 113, § 11 (1); SDCL Supp, § 34-12A-9; SL 1996, ch 239, § 2; SL 2000, ch 199, § 2.


36-28-11 Examination and investigation techniques developed and applied by board--Fees.
     36-28-11.   Examination and investigation techniques developed and applied by board--Fees. The Board of Examiners shall have the power, duty, and responsibility to develop and apply appropriate techniques, including examination and investigation, for determining whether an individual meets the requirements of § 36-28-10. Examination and re-examination fees shall be fixed in rules promulgated by the Board of Examiners.

Source: SL 1969, ch 113, § 11 (2); SDCL Supp, § 34-12A-10; SL 1986, ch 302, § 103.


36-28-12 Age, character, training and examination requirements for administrator's license.
     36-28-12.   Age, character, training and examination requirements for administrator's license. The board may issue licenses to qualified persons as nursing facility administrators, and shall establish qualification criteria pursuant to chapter 1-26 for such nursing facility administrators. No license shall be issued to a person as a nursing facility administrator unless:
             (1)      He is at least eighteen years of age, of good moral character, and of sound physical and mental health;
             (2)      He has satisfactorily completed a course of instruction and training prescribed by the board, which course shall, by virtue of its content and administration, present sufficient knowledge of the needs properly to be served by nursing facilities, laws governing the operation of nursing facilities and the protection of the interests of the residents therein, and the elements of good nursing facility administration; or he must present evidence satisfactory to the board of sufficient education, training or experience in the foregoing fields to administer, supervise and manage a nursing facility; and
             (3)      He has passed an examination administered by the board designed to test his knowledge and competence regarding the subject matter referred to in subdivision (2) of this section.

Source: SL 1969, ch 113, § 4; SDCL Supp, § 34-12A-11; SL 1986, ch 302, § 104.


36-28-12.1 Criminal background investigation of applicants for licensure and licensees under discipli...
     36-28-12.1.   Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees. Each applicant for licensure as a nursing facility administrator in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the board all information obtained as a result of the criminal background check. This information shall be obtained prior to permanent licensure of the applicant. The board may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the board. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation.

Source: SL 2012, ch 193, § 6.


36-28-13 Emergency permit pending examination--Duration of permit--Adoption of rules--Fee.
     36-28-13.   Emergency permit pending examination--Duration of permit--Adoption of rules--Fee. Pending examination, the board may issue an emergency permit to practice as a nursing facility administrator for a period not exceeding one year to a qualified person filing a written application for a license with the board. The board shall adopt rules pursuant to chapter 1-26 regarding application procedures, renewal procedures, supervision, and the fee for an emergency permit.

Source: SL 1969, ch 113, § 14; SDCL Supp, § 34-12A-13; SL 1986, ch 302, § 105; SL 1996, ch 239, § 3.


36-28-14 Issuance of license without examination to license holder from another jurisdiction.
     36-28-14.   Issuance of license without examination to license holder from another jurisdiction. The board may issue a nursing facility administrator's license, without examination, to any person who holds a current license as a nursing facility administrator from another jurisdiction, if the board finds that the standards for licensure in such other jurisdiction are at least substantially equivalent of those prevailing in this state and that the applicant is otherwise qualified. The board may adopt, by rules promulgated pursuant to chapter 1-26, minimum requirements for qualification and a fee for reciprocal licensure.

Source: SL 1969, ch 113, § 13; SDCL Supp, § 34-12A-14; SL 1996, ch 239, § 4.


36-28-15 Initial fee for license.
     36-28-15.   Initial fee for license. Any person applying to be licensed as a nursing facility administrator shall pay an initial license fee in an amount set by rule promulgated by the board pursuant to chapter 1-26, which may not exceed one hundred fifty dollars. The initial license fee shall be prorated to the next biennial renewal date according to rule promulgated by the board pursuant to chapter 1-26.

Source: SL 1969, ch 113, § 7; SDCL Supp, § 34-12A-15; SL 1986, ch 302, § 106; SL 2000, ch 199, § 3; SL 2008, ch 191, § 66.


36-28-16 Transfer of license not authorized--Period of validity of license.
     36-28-16.   Transfer of license not authorized--Period of validity of license. The Board of Examiners shall license nursing facility administrators in accordance with this chapter and rules issued by it in compliance with chapter 1-26. A nursing facility administrator's license shall not be transferable and shall be valid until surrendered for cancellation or suspended or revoked for violation of this chapter or of any other law or regulation relating to the proper administration and management of a nursing facility.

Source: SL 1969, ch 113, § 6; SDCL Supp, § 34-12A-16; revised pursuant to SL 1972, ch 15, § 4; SL 1986, ch 302, § 107.


36-28-17 Issuance of licenses by board--Revocation or suspension of license for cause.
     36-28-17.   Issuance of licenses by board--Revocation or suspension of license for cause. The Board of Examiners shall have the power, duty, and responsibility to issue licenses to individuals that it deems are qualified under the provisions of this chapter, and for cause, after compliance with chapter 1-26, to revoke or suspend licenses previously issued by the board in any case where the individual holding such license is determined substantially to have failed to conform to the requirements of such standards.

Source: SL 1969, ch 113, § 11 (3); SDCL Supp, § 34-12A-17; revised pursuant to SL 1972, ch 15, § 4.


36-28-18 Expiration and renewal of license--Fee.
     36-28-18.   Expiration and renewal of license--Fee. A nursing facility administrator's license expires on December thirty-first biennially and is renewable biennially thereafter upon application to the board and payment of a biennial license fee set by rule promulgated by the board pursuant to chapter 1-26. The fee may not exceed one hundred fifty dollars.

Source: SL 1969, ch 113, § 7; SDCL Supp, § 34-12A-18; SL 1986, ch 302, § 108; SL 1991, ch 315; SL 2000, ch 199, § 4; SL 2008, ch 191, § 67.


36-28-18.1 Duplicate licenses.
     36-28-18.1.   Duplicate licenses. The board may issue duplicate licenses and may promulgate rules and set fees, which may not exceed fifty dollars, pursuant to chapter 1-26.

Source: SL 1986, ch 302, § 109; SL 2000, ch 199, § 5; SL 2008, ch 191, § 68.


36-28-18.2 Application for inactive status--Reactivation--Fee.
     36-28-18.2.   Application for inactive status--Reactivation--Fee. A licensed nursing facility administrator may file for inactive status and pay a fee of not more than seventy-five dollars. The administrator may reactivate the license by completing an application, paying the required fee, completing the continuing education requirement, passing the state examination, and fulfilling other experiences as determined by the length of inactive status, as prescribed by the board in rules promulgated pursuant to chapter 1-26.

Source: SL 2000, ch 199, § 8.


36-28-19 Biennial renewal of license--Procedure by board.
     36-28-19.   Biennial renewal of license--Procedure by board. Any holder of a nursing facility administrator's license shall renew it biennially by making application to the Board of Examiners. Such renewals shall be granted without examination upon the payment of the required fees, unless the board finds in compliance with chapter 1-26 that such applicant has acted or failed to act in such a manner or under such circumstances as would constitute grounds for suspension or revocation of a license.

Source: SL 1969, ch 113, § 12; SDCL Supp, § 34-12A-19; revised pursuant to SL 1972, ch 15, § 4; SL 2000, ch 199, § 6.


36-28-20 Continuing study and investigation of nursing facilities and administrators.
     36-28-20.   Continuing study and investigation of nursing facilities and administrators. The board shall conduct a continuing study and investigation of nursing facilities and administrators of nursing facilities within the state to improve the standards imposed for the licensing of such administrators and the procedures and methods for the enforcement of such standards.

Source: SL 1969, ch 113, § 11 (6); SDCL Supp, § 34-12A-20; SL 2000, ch 199, § 7.


36-28-21 Instruction and training courses conducted by board--Approval of courses by board.
     36-28-21.   Instruction and training courses conducted by board--Approval of courses by board. The Board of Examiners shall have the power, duty and responsibility to conduct, or cause to be conducted, one or more courses of instruction and training sufficient to meet the requirements of this chapter, and make provisions for such courses and their accessibility to residents of this state unless it finds that there are a sufficient number of courses approved by the board conducted by others within this state. In lieu hereof the board may approve courses conducted within and without this state as sufficient to meet the educational and training requirements of this chapter.

Source: SL 1969, ch 113, § 11 (7); SDCL Supp, § 34-12A-21.


36-28-21.1 Promulgation of rules by board.
     36-28-21.1.   Promulgation of rules by board. The Board of Examiners shall promulgate rules pursuant to chapter 1-26 to establish continuing education requirements for renewal of licenses.

Source: SL 1986, ch 302, § 110.


36-28-22 Procedures by board to ensure compliance with standards.
     36-28-22.   Procedures by board to ensure compliance with standards. The Board of Examiners shall have the power, duty, and responsibility to establish and carry out procedures designed to ensure that individuals licensed as nursing facility administrators will, during any period that they serve as such, comply with the requirements of such standards.

Source: SL 1969, ch 113, § 11 (4); SDCL Supp, § 34-12A-22.


36-28-23 Action by board on charge or complaint of administrator's noncompliance.
     36-28-23.   Action by board on charge or complaint of administrator's noncompliance. The Board of Examiners shall have the power, duty, and responsibility to receive, investigate, and take appropriate action with respect to any charge or complaint filed with the board to the effect that any individual licensed as a nursing facility administrator has failed to comply with the requirements of this chapter.

Source: SL 1969, ch 113, § 11 (5); SDCL Supp, § 34-12A-23; revised pursuant to SL 1972, ch 15, § 3.


36-28-24 Review of denial, suspension, or revocation of license.
     36-28-24.   Review of denial, suspension, or revocation of license. Any denial of issuance, renewal, suspension, or revocation under any section of this chapter shall be subject to review upon the timely request of the licensee and pursuant to chapter 1-26.

Source: SL 1969, ch 113, § 6; SDCL Supp, § 34-12A-24.


36-28-25 Disposition of fees--Establishment and use of state Board of Examiners for nursing facilit...
     36-28-25.   Disposition of fees--Establishment and use of state Board of Examiners for nursing facility administrators fund. All fees collected under the provisions of this chapter shall be paid to the Board of Examiners, who shall keep such fees in a fund to be known as the State Board of Examiners for Nursing Facility Administrators fund, which fund may be used and expended by the board to pay the compensation and travel expenses, pursuant to § 3-9-2, of members and employees of the board and other expenses necessary for the board to administer and carry out the provisions of this chapter.

Source: SL 1969, ch 113, § 8; SDCL Supp, § 34-12A-25; SL 1986, ch 27, § 31.


36-28-26 Deposit and investment of funds by board.
     36-28-26.   Deposit and investment of funds by board. The Board of Examiners shall have the power, duty, and responsibility to deposit and invest funds received by the board pursuant to this chapter.

Source: SL 1969, ch 113, § 11 (8); SDCL Supp, § 34-12A-26.


36-28-27 Municipal, county or state licensing, registration, or tax requirements.
     36-28-27.   Municipal, county or state licensing, registration, or tax requirements. No provision of this chapter shall be construed as prohibiting or preventing a municipality, county or state from fixing, charging, assessing, or collecting any license fee, registration fee, tax or gross receipt tax on any profession covered by this chapter or upon any related profession governed by the provisions of this chapter.

Source: SL 1969, ch 113, § 16; SDCL Supp, § 34-12A-27.


36-28-28 Severability of provisions.
     36-28-28.   Severability of provisions. If any provisions of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

Source: SL 1969, ch 113, § 18; SDCL Supp, § 34-12A-28.


Title 36

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