ARSD Article 20:48 — NURSES

          20:48:04:02.01.  Outline of course for preparation of licensed practical nurses for kidney dialysis functions. Repealed.

          Source: 13 SDR 49, effective October 27, 1986; 26 SDR 174, effective July 4, 2000; repealed, 41 SDR 12, effective July 31, 2014.

          20:48:04:02.02.  Criteria for approval of course for preparation of licensed practical nurses for kidney dialysis functions. Repealed.

          Source: 13 SDR 49, effective October 27, 1986; 20 SDR 159, effective April 5, 1994; 22 SDR 23, effective August 29, 1995; 26 SDR 174, effective July 4, 2000; repealed, 41 SDR 12, effective July 31, 2014.

          20:48:04:02.03.  Authorization to perform kidney dialysis functions. A licensed practical nurse may perform kidney dialysis functions if the licensed practical nurse has completed a course on kidney dialysis that includes the following content:

          (1)  Anatomy and physiology;

          (2)  Assessment;

          (3)  Problem identification;

          (4)  Goals of care;

          (5)  Purposes and procedures;

          (6)  Complications;

          (7)  Evaluation and documentation.

          The course must be taught by a licensed registered nurse with a minimum of two years kidney dialysis experience. Evaluation procedures for the course must include a final written examination and a demonstration of clinical skills. Supervised clinical practice and verification of clinical competence by a licensed registered nurse must follow the course content.

          Source: 13 SDR 49, effective October 27, 1986; 26 SDR 174, effective July 4, 2000; 41 SDR 12, effective July 31, 2014.

          General Authority: SDCL 36-9-4.1, 36-9-21.

          Law Implemented: SDCL 36-9-4.1, 36-9-21.

          20:48:04:08.  Scope and standards of nurse anesthetist practice -- Prescriptive authority. A nurse anesthetist who holds an active, unencumbered license in this state is authorized to prescribe, procure, administer, and furnish pharmacological agents, including receiving and distributing drug samples to clients, within the role of a nurse anesthetist and in accordance with applicable state and federal laws.

          Prescribing includes the act of generating written or oral direction, reduced to writing, to or for an individual for the preparation of, use of, or manner of using a drug or therapeutic device, which is required by the United States Food and Drug Administration to meet the labeling requirements for prescription drugs and devices.

          A drug sample means a prepackaged unit of a prescription drug supplied by the manufacturer and provided at no charge to the client. A nurse anesthetist may provide labeled drug samples to patients for conditions being treated by the nurse anesthetist. Each drug sample must be accompanied by written administration instructions.

          Prescriptive authority may be modified, denied, suspended or terminated pursuant to SDCL 36-9-49 and in compliance with SDCL chapter 1-26 when a licensee has prescribed outside the role of a nurse anesthetist, prescribed for other than therapeutic purposes, or violated any state or federal law or regulation applicable to prescriptions or prescribing.

          Source: 47 SDR 74, effective December 21, 2020.

          General Authority: SDCL 36-9-3.1.

          Law Implemented: SDCL 36-9-3.1, 36-9-49(5)(7)(10).

          20:48:04:09.  Scope and standards of nurse anesthetist practice -- Controlled substance prescribing. Prior to prescribing any controlled substances listed in SDCL chapter 34-20B, a nurse anesthetist who meets state and federal controlled substance registration requirements, shall register with the state's prescription drug monitoring program and meet the requirements of SDCL chapter 34-20E.

          The standards for documentation of patient care when prescribing controlled substance drugs for the treatment of chronic, non-cancer pain include:

          (1)  Documentation of results of medical examinations, diagnostic or laboratory tests;

          (2)  Documentation of a patient's medical and psychosocial history;

          (3)  Documentation of advanced comprehensive nursing assessment;

          (4)  Documentation that appropriate state prescription drug monitoring programs were accessed;

          (5)  Documentation of a patient's treatment agreement, if used;

          (6)  Documentation of having provided instructions to the patient, or the patient's representative, of the benefits and risks of controlled substances, the proper use and storage of drugs, and the proper disposal of unused drugs;

          (7)  If prescribing opioid drugs, documentation of instructions including the risk of addiction, overdose, and death, and the use of naloxone products to reverse an overdose;

          (8)  Documentation of progress of pain management and functional improvement; and

          (9)  Documentation of collaboration with other health care providers.

          Chronic pain means an ongoing, recurrent, or persistent pain that: (a) lasts beyond the usual course of an acute illness or injury; or (b) is at least three months in duration.

          Source: 47 SDR 74, effective December 21, 2020.

          General Authority: SDCL 36-9-3.1.

          Law Implemented: SDCL 36-9-49(5)(7)(10).

          20:48:04:10.  Scope and standards of nurse anesthetist practice -- Use and supervision of radiography. A nurse anesthetist may order, interpret, and supervise radiographic procedures including fluoroscopy to initiate a patient-specific anesthesia or pain management plan of care. A nurse anesthetist shall utilize operators of radiation equipment in accordance with §§ 44:03:01:14.01 through 44:03:01:14.03. All radiographic procedures must be performed in accordance with applicable federal and state laws and the requirements of article 44:03.

          Prior to the use of fluoroscopy, a nurse anesthetist shall complete education that includes content on radiation physics, radiobiology, radiological safety, and radiation management, applicable to the use of fluoroscopy. A nurse anesthetist who uses fluoroscopy in a health care setting that is licensed under SDCL chapter 34-12 and which meets the radiological requirements set forth in articles 44:75 and 44:76 shall meet the institution's requirements prior to the use of fluoroscopy. A nurse anesthetist who uses fluoroscopy in a setting that is not licensed pursuant to SDCL chapter 34-12 shall complete an educational program approved by the board and shall provide documentation of completion to the board.

          Source: 47 SDR 74, effective December 21, 2020.

          General Authority: SDCL 36-9-3.1.

          Law Implemented: SDCL 36-9-3.1.

          20:48:04:11.  Scope and standards of nurse anesthetist practice -- Procedures for pain management. Pain management procedures may include the use of medications, regional anesthetic techniques, therapeutic injections, sympathetic blocks, and other pain relief modalities, performed or administered in compliance with accepted standards of practice.

          Prior to the performance of pain management procedures, a nurse anesthetist shall complete education that includes the physiology of pain, pain assessment, and treatment options, and requires a demonstration of competence to perform a procedure. A nurse anesthetist, who performs pain management procedures in a health care setting licensed under SDCL chapter 34-12, shall meet the institution's requirements prior to performance of the procedures. A nurse anesthetist who performs pain management procedures in a setting that is not licensed pursuant to SDCL chapter 34-12, shall complete an educational program approved by the board and shall provide documentation of completion to the board.

          Source: 47 SDR 74, effective December 21, 2020.

          General Authority: SDCL 36-9-3.1.

          Law Implemented: SDCL 36-9-3.1.

          20:48:05:05.  Temporary permit prior to licensure as nurse anesthetist. An applicant for a temporary permit prior to licensure as a nurse anesthetist shall apply on the form prescribed by the board and shall submit written evidence that the applicant is a registered nurse currently licensed in South Dakota and is a bona fide candidate to write the required examination or is awaiting the results of the first examination for which the applicant is eligible after graduation from an approved program of nurse anesthesia or that the applicant is a licensed registered nurse anesthetist from another state or territory of the United States awaiting license by endorsement and holds a temporary permit as a registered nurse applicant. The application shall be accompanied by the fee provided in chapter 20:48:06. If the applicant is certified in another state or territory, the temporary permit shall be issued for not more than 90 days. If the applicant is awaiting the results of the first examination for which the applicant is eligible, the temporary permit is valid until receipt of notification from the board concerning the status of the application for licensure. If the holder of a temporary permit is notified by the board that licensure has been denied, the temporary permit becomes invalid on the date the notice is received by the holder. The holder shall immediately return the permit to the board.

          Each applicant for a temporary permit must submit a set of fingerprints on a standard card provided by the board for the purpose of obtaining a state and federal criminal background check through the Division of Criminal Investigation. An authorization and release form must be signed by the applicant authorizing the release of the criminal history record to the board. The fingerprint card, authorization and release form, and fee for the criminal background check must accompany the application for a temporary permit. A permanent license may not be issued until the criminal background check is complete.

          Source: 3 SDR 35, effective November 11, 1976; 6 SDR 88, effective March 3, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 33 SDR 43, effective September 12, 2006; 41 SDR 12, effective July 31, 2014.

          General Authority: SDCL 36-9-21(1).

          Law Implemented: SDCL 36-9-29, 36-9-31.2, 36-9-32.2, 36-9-35, 36-9-97.

          20:48:05:06.  Renewal of licensure. Licensure as a nurse anesthetist shall be renewed at the same time as the renewal of the registered nurse license as provided by §§ 20:48:03:09 and 20:48:03:10. The applicant for renewal of licensure shall show evidence of meeting the recertification requirements of the National Board of Certification and Recertification for Nurse Anesthetists.

          Source: 3 SDR 35, effective November 11, 1976; 6 SDR 88, effective March 3, 1980; 9 SDR 151, effective May 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 41 SDR 12, effective July 31, 2014.

          General Authority: SDCL 36-9-21.

          Law Implemented: SDCL 36-9-29, 36-9-35, 36-9-36.

          Reference: Policies and Procedures, 1981 edition, pages 3 and 4, Council on Recertification of Nurse Anesthetists. Copies may be obtained from the Council on Recertification of Nurse Anesthetists, 216 Higgins Road, Park Ridge, Illinois 60068. No charge.

          20:48:07:19.  Definitions. Terms as used in this chapter mean:

          (1)  "Adjunct clinical faculty," those faculty members who are primarily employed by a health care institution and are contracted by the nursing program for the purpose of clinical instruction;

          (2)  "Approved program," a nursing education program that meets the regulatory requirements in the state or jurisdiction of legal domicile;

          (3)  "Board standards for nursing education," the criteria for approval of programs in §§ 20:48:07:20 to 20:48:07:34, inclusive;

          (4)  "Debriefing," an activity that follows a simulation experience led by a facilitator that encourages the participant's reflective thinking and provides feedback regarding the participant's performance;

          (5)  "Distance education," is the design and delivery of nursing education courses where the students and instructor are separated by distance or time, or both;

          (6)  "Faculty," all individuals employed by the program for theory and clinical instruction, including those individuals contracted by the program who are primarily employed elsewhere;

          (7)  "Needs assessment," an assessment of the need for a nursing education program that includes demographic data on overall employment opportunities for graduates and geographic data on program location relevant to other programs and vacancies in health care agencies;

          (8)  "New program," a department, school, division, or other specific unit within the administrative structure of the governing institution that is either developing a course of study in nursing that has not previously been implemented or instituting a change in objectives that would affect the license for which the graduate will be prepared;

          (9)  "Preceptor," a practicing nurse, or other authorized individual, utilized selectively by a program to work closely with a student in the clinical area considering the specific learning objectives;

          (10)  "Program," a department, school, division, or other specific unit within the administrative structure of the governing institution offering a course of study in nursing which leads to eligibility for licensure;

          (11)  "Reorganized program," an educational unit in nursing with plans to institute extensions, expansions, consortia, or other cooperative institutional systems;

          (12)  "Survey team," two or more persons including members of the board, board staff, or hired consultant who conduct site visits to nursing education programs;

          (13)  "Simulation experience," a technique to replace or amplify real experiences with guided experiences that replicate substantial aspects of the real world in a fully interactive manner.

          Source: 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-21(8).

          20:48:07:20.  Criteria for approval of nursing education programs. The criteria to be used by the board to approve a new program or to continue approval of an existing program are set forth in §§ 20:48:07:21 to 20:48:07:34, inclusive, and include the following:

          (1)  Administration and organization of the nursing program;

          (2)  Faculty qualifications and organization;

          (3)  Curriculum construction and evaluation;

          (4)  Educational facilities and resources;

          (5)  Clinical and practicum facilities;

          (6)  Student affairs and services;

          (7)  The use of preceptors; and

          (8)  Simulation.

          Source: 3 SDR 35, effective November 11, 1976; 9 SDR 151, effective May 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:48:07:03, 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-58.

          20:48:07:21.  Administration and organization. The institution and the program administration must demonstrate evidence to the satisfaction of the board of compliance with the following requirements for administration and organization:

          (1)  The nursing education program is an integral part of an accredited institution that meets the criteria for accreditation of the Higher Learning Commission, North Central Association of Colleges and Schools and that is authorized and lawfully empowered to confer a certificate or degree in nursing;

http://policy.hlcommission.org/Policies/criteria-for-accreditation.html

          (2)  The nursing program has statements of purpose, philosophy, and outcomes which are consistent with those of the governing institution and with SDCL chapter 36-9 or 36-9A and other relevant state statutes, and this article;

          (3)  The purpose and outcomes of the nursing program are consistent with generally accepted standards of nursing practice appropriate for graduates of the type of nursing program being offered and ensure that graduates are prepared for safe and effective nursing practice;

          (4)  The fiscal, human, physical, clinical, and technical learning resources are adequate to support program purposes and outcomes;

          (5)  The organizational relationship of the nursing education program to central administration is clearly defined with authority, responsibility, and channels of communication clearly delineated;

          (6)  The nursing education program has established its own organization with clearly defined authority, responsibility, and channels of communication, including the following:

               (a)  Rules, bylaws, or their institutional equivalent which govern the activities of the faculty organization are in writing;

               (b)  Regular meetings of the faculty organization are scheduled; and

               (c)  Minutes of faculty organization and committee meetings reflect discussion and decisions and are on file in the nursing education program office or available electronically;

          (7)  Policies and procedures pertaining to the nursing education program are in writing and are congruent with those of the governing institution, reviewed regularly by the nursing faculty, and revised as needed;

          (8)  The ultimate responsibility for administering the nursing education program is vested in a registered nurse who is currently licensed or privileged to practice in South Dakota, whose appointment is full-time, who has 10 percent or less of workload designated for teaching, and who meets the qualifications in § 20:48:07:22;

          (9)  The administrator carries out the responsibilities listed in § 20:48:07:23;

          (10)  The advanced practice nursing education program has received accreditation by a national accrediting body that is approved by the U.S. Department of Education for advanced practice nursing programs or has made application to become accredited and final action by the accrediting body is pending.

          Source: 3 SDR 35, effective November 11, 1976; 9 SDR 151, effective May 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from §§ 20:48:07:04 and 20:48:07:05, 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8), 36-9A-41.

          Law Implemented: SDCL 36-9-58, 36-9A-21.1.

          20:48:07:22.  Qualifications of administrator of nursing education program. The administrator of a nursing education program must meet the following qualifications, as applicable:

          (1)  In a program offering the practical nurse certificate or diploma, a minimum of a graduate degree in nursing or bachelor's degree in nursing with a graduate degree in another field, and a minimum of two years of experience in clinical nursing, nursing administration, or nursing education, or any combination of such experience, preferably in a practical nursing program. If an administrator does not possess a graduate degree, a plan of study (to obtain the degree) must be submitted. A maximum of five years is allowed for completion of the graduate degree;

          (2)  In a program offering an associate degree in nursing, a minimum of a master's degree with a major in nursing and a minimum of seven years of experience in clinical nursing, nursing administration, or nursing education, or any combination of such experience, preferably in an associate degree program;

          (3)  In a program offering a baccalaureate degree in nursing, a minimum of a doctoral degree, with graduate preparation in nursing at either the master's or doctoral level, and a minimum of seven years of experience in clinical nursing, nursing administration, or nursing education, or any combination of such experience, preferably in a baccalaureate degree program; or

          (4)  In an education program offering an advanced practice nursing program, a minimum of a doctoral degree in a health-related field; active, unencumbered registered nurse and advanced practice nurse licenses; current national advanced practice nurse certification; a minimum of two years of clinical experience as an advanced practice nurse; and a minimum of seven years of experience in clinical nursing, nursing administration, nursing education, or any combination of such experience, preferably in a baccalaureate or graduate degree program. If the administrator does not hold an advanced practice nurse license in the same role and population focus area as the advance practice nurse tract offered in the education program, the administrator shall appoint a lead faculty member who meets the qualifications. The lead faculty member is responsible for development of the curriculum and coordination of the advanced practice educational component of the program.

          Source: 3 SDR 35, effective November 11, 1976; 9 SDR 151, effective May 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:48:07:05, 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8), 36-9A-41.

          Law Implemented: SDCL 36-9-58, 36-9A-21.1.

          20:48:07:23.  Responsibilities of administrator. The administrator of the nursing education program is responsible for the following:

          (1)  The administration of the nursing program;

          (2)  Leadership within the faculty for the development, implementation, and evaluation of curriculum;

          (3)  Creation and maintenance of an environment conducive to teaching and learning;

          (4)  Liaison with the central administration and other units of the governing institution;

          (5)  Preparation and administration of the budget;

          (6)  Facilitation of faculty development and performance review;

          (7)  Recommendation of faculty for appointment, promotion, tenure, and retention;

          (8)  Notification to the board of any major changes in the program or its administration; and

          (9)  Written notification to the board within 60 days after appointment, termination, or resignation of the program administrator. A resume shall accompany a notification of appointment.

          Source: 3 SDR 35, effective November 11, 1976; 9 SDR 151, effective May 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:48:07:05, 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-58.

          20:48:07:24.  Faculty qualifications and organization. The institution and the program administration must demonstrate evidence to the satisfaction of the board of compliance with the following requirements for faculty:

          (1)  The number of qualified faculty is sufficient to fulfill the purposes and outcomes of the nursing program, to comply with the minimum of one instructor for every eight students in clinical or practicum facilities, and to comply with institution's requirement for faculty workload;

          (2)  Faculty are recruited, appointed, promoted, and retained without discrimination as to age, race, handicaps, religion, gender, sexual preference, national origin, or marital status;

          (3)  Faculty functions and responsibilities are given to each faculty member in the form of position descriptions;

          (4)  Faculty personnel policies are available;

          (5)  Nursing faculty members hold an active, unencumbered license or privilege to practice as a registered nurse in South Dakota and shall meet the qualifications required in § 20:48:07:25, 20:48:07:26, or 20:48:07:26.01 as applicable;

          (6)  Fifty percent of all nursing faculty members who teach in a program leading to licensure as a practical nurse or as a registered nurse meet the requirements listed in subdivision 20:48:07:25(2) or 20:48:07:26(2), as applicable;

          (7)  Nursing faculty members who do not possess the required degree in nursing submit plans of study to obtain the degree to the board documenting the time line for completion. A maximum of five years is allowed for the completion of a required degree;

          (8)  Nursing faculty members comply with all academic and professional qualifications for appointment that are required by the governing institution;

          (9)  All faculty who teach didactic education, clinical education or supervise students in preceptored clinical experiences for students located in South Dakota shall hold an active South Dakota license or privilege to practice;

          (10)  A nursing faculty member who provides direct clinical supervision of students in a clinical facility located in another state holds a current registered nurse license or privilege to practice in that state;

          (11)  Nursing faculty fulfill the responsibilities listed in § 20:48:07:27; and

          (12)  Interprofessional faculty teaching non-clinical courses shall have advanced preparation appropriate for the content being taught.

          Source: 3 SDR 35, effective November 11, 1976; 9 SDR 151, effective May 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:48:07:06, 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-2, 36-9-3(12), 36-9-58, 36-9A-5, 36-9A-21.1.

          20:48:07:25.  Qualifications of faculty in practical nurse programs. Nursing faculty members who teach in a program leading to licensure as a practical nurse must have the following qualifications:

          (1)  An active, unencumbered license or a privilege to practice as a registered nurse in South Dakota;

          (2)  A minimum of a baccalaureate degree in nursing; and

          (3)  For newly appointed faculty, a minimum of one year of clinical experience in the area or areas of teaching responsibility.

          Source: 3 SDR 35, effective November 11, 1976; 9 SDR 151, effective May 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:48:07:06, 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-58.

          20:48:07:26.  Qualifications of faculty in registered nurse programs. Nursing faculty members who teach in a program leading to licensure as a registered nurse must have the following qualifications:

          (1)  An active, unencumbered license or a privilege to practice as a registered nurse in South Dakota;

          (2)  A minimum of a graduate degree in nursing. However, adjunct clinical faculty employed solely to supervise clinical nursing experience are exempt from the graduate degree requirement;

          (3)  For newly appointed faculty a minimum of one year of clinical experience in the area or areas of teaching responsibility;

          (4)  A combination of education and experience relevant to the assigned area of teaching responsibility; and

          (5)  For interdisciplinary faculty who teach non-clinical nursing courses, academic preparation appropriate to those areas of content.

          Source: 3 SDR 35, effective November 11, 1976; 9 SDR 151, effective May 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:48:07:06, 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-2, 36-9-3(12), 36-9-58.

          20:48:07:26.01.  Qualifications of faculty in advanced practice registered nurse programs. Nursing faculty members who teach in a program leading to advanced practice nurse licensure shall have the following qualifications:

          (1)  An active, unencumbered license or a privilege to practice as a registered nurse in South Dakota;

          (2)  An active, unencumbered license to practice as an advanced practice nurse in South Dakota;

          (3)  A minimum of a graduate degree in nursing or other health related field in the clinical specialty of the advanced practice nursing education program;

          (4)  Two years of clinical experience in the advanced practice nursing role and population focus consistent with teaching responsibilities; and

          (5)  Interdisciplinary faculty who teach non-clinical nursing courses shall have advanced preparation appropriate to the area of content.

          Source: 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9A-41.

          Law Implemented: SDCL 36-9A-5, 36-9A-21.1.

          20:48:07:27.  Responsibilities of nursing faculty. Responsibilities of nursing faculty are as follows:

          (1)  Developing, implementing, evaluating, and updating the purpose, philosophy, and outcomes;

          (2)  Designing and implementing the curriculum;

          (3)  Evaluating the curriculum using a systematic plan based on student learning outcomes, program outcomes, and quality improvement;

          (4)  Developing, evaluating, and revising student admission, progression, retention, and graduation policies consistent with the policies of the governing institution;

          (5)  Participating in academic advising and guidance of students;

          (6)  Providing students theoretical instruction and clinical or practicum experiences;

          (7)  Having only nursing education responsibilities during the time assigned with students;

          (8)  Monitoring the instruction provided by preceptors;

          (9)  Evaluating student achievement of curricular objectives or outcomes related to nursing knowledge and practice. The evaluation process includes criteria for both formative and summative evaluation and provides opportunity for student improvement;

          (10)  Providing for student evaluation of teaching effectiveness; and

          (11)  Participating in activities which facilitate the faculty members' own nursing competence and professional expertise in the area of teaching responsibility and maintaining clinical competence through clinical practice and education.

          Source: 3 SDR 35, effective November 11, 1976; 9 SDR 151, effective May 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:48:07:06, 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-58.

          20:48:07:28.  Curriculum construction and evaluation. The curriculum of the nursing education program shall enable the student to develop the nursing knowledge, skills, and abilities necessary for the level, scope, and standards of competent nursing practice expected at the level of licensure. Curriculum shall be revised as necessary to maintain a program that reflects advances in health care and its delivery. The curriculum must meet the following requirements:

          (1)  Reflect the philosophy, purpose, and outcomes of the nursing education program and be consistent with professional nursing standards and scope of practice as regulated by SDCL chapters 36-9 and 36-9A and articles 20:48 and 20:62;

          (2)  Be planned in accordance with the governing institution's calendar and requirements for the degree, certificate, or diploma and have a combination of nursing and non-nursing credits based on a rationale that ensures preparation for the safe and effective practice of nursing and that meets the intent of the program offered;

          (3)  Use learning experiences and methods of instruction to fulfill curricular objectives which provide similar learning experiences for all students; provide and document alternative learning experiences to address the lack of some essential aspects of clinical experience;

          (4)  Correlate theoretical instruction and clinical or practicum experiences;

          (5)  Provide for progression in knowledge, skills, abilities, and attitudes of nursing students;

          (6)  Be evaluated by the faculty according to a systematic plan that provides for student and alumni participation and incorporates quality improvement;

          (7)  Use course outlines which are updated annually, available to students and program faculty, and include:

               (a)  The course topics or concepts;

               (b)  Expectations and assignments to be completed by the student; and

               (c)  The evaluation procedures to be used;

          (8)  Be organized to teach content in separate courses or in combination with other concepts which are integrated into broader-based courses; and

          (9)  Lead to the achievement of course objectives, expected student learning outcomes, and program outcomes.

          Source: 3 SDR 35, effective November 11, 1976; 9 SDR 151, effective May 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:48:07:07, 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8), 36-9A-41.

          Law Implemented: SDCL 36-9-58, 36-9A-5, 36-9A-21.1.

          20:48:07:29.  Practical nurse education curriculum. The curriculum for programs preparing for practical nurse licensure shall include:

          (1)  Concepts in biological and physical sciences:

               (a)  Anatomy and physiology;

               (b)  Microbiology;

               (c)  Nutrition; and

               (d)  Pharmacology;

          (2)  Concepts in behavioral science:

               (a)  Interpersonal relations;

               (b)  Communication;

               (c)  Patient-centered culturally competent care; and

               (d)  Interprofessional communication and collaboration; and

          (3)  Nursing theory and clinical instruction of basic nursing concepts to enable the student to develop competence at the entry level as a practical nurse in each of the following areas:

               (a)  Adult health nursing;

               (b)  Maternal child health nursing;

               (c)  Geriatric nursing;

               (d)  Basic concepts of clinical judgment (the nursing process) and professional responsibilities;

               (e)  Scope of practice for LPNs;

               (f)  Legal and ethical basis of nursing practice;

               (g)  Nursing history; and

               (h)  Trends in nursing and healthcare delivery; and

          (4)  Knowledge of technology used in nursing practice and special health care problems.

          Source: 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-58.

          20:48:07:30.  Registered nurse education curriculum. The curriculum for programs preparing for registered nurse licensure and granting an associate degree or a baccalaureate degree shall include:

          (1)  Concepts in biological and physical sciences:

               (a)  Anatomy;

               (b)  Physiology;

               (c)  Pathophysiology;

               (d)  Chemistry;

               (e)  Microbiology;

               (f)  Mathematics;

               (g)  Nutrition; and

               (h)  Pharmacology;

          (2)  Concepts in behavioral science, arts, and humanities:

               (a)  Sociology;

               (b)  Psychology;

               (c)  Interprofessional communication and collaboration;

               (d)  Interpersonal relations;

               (e)  Communications;

               (f)  Patient-centered, culturally competent care; and

               (g)  Human growth and development;

          (3)  Didactic content and supervised clinical experience in the prevention of illness and the promotion, restoration, and maintenance of health in patients across the lifespan and from diverse cultural, ethnic, social, and economic backgrounds, with integration of patient safety principles and evidence-based practice, including:

               (a)  Adult health nursing;

               (b)  Maternal child health nursing;

               (c)  Geriatric nursing;

               (d)  Mental health nursing;

               (e)  Clinical judgment (nursing process);

               (f)  Legal and ethical basis of nursing practice;

               (g)  Nursing history;

               (h)  Trends in nursing and the delivery of healthcare;

               (i)  Management and care of groups of clients;

               (j)  Delegation and supervision of other health care professionals;

               (k)  Introduction to the application of research findings to nursing practice;

               (l)  Client education; and

               (m)  For baccalaureate degree programs only:

                      (i)         Introduction to the research process and evidenced-based practice;

                      (ii)        Leadership and management;

                      (iii)       Teaching and learning theory;

                      (iv)       Community, systems, public health theory and clinical experience; and

                      (v) Coordinating and managing patient care across settings; and

          (4)  Knowledge of technology used in nursing practice.

          Source: 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-58.

          20:48:07:30.01.  Advanced practice registered nurse education curriculum. The curriculum for programs preparing individuals for advanced practice nursing licensure and granting a graduate degree or certificate shall prepare the graduate to practice in the role of a nurse midwife, nurse practitioner, nurse anesthetist, or clinical nurse specialist. The curriculum shall include evidence-based learning experiences and methods of instruction consistent with the written curriculum plan including:

          (1)  Three separate advanced practice registered nurse graduate level courses in:

               (a)  Advanced physiology and pathophysiology, including general principles that apply across the lifespan;

               (b)  Advanced health assessment, including assessment of all human systems, advanced assessment techniques, concepts, and approaches; and

               (c)  Advanced pharmacology, including pharmacodynamics, pharmacokinetics, and pharmocotherapeutics of all broad categories of agents;

          (2)  Diagnosis and management of diseases across practice settings including diseases representative of all systems;

          (3)  Preparation that provides a basic understanding of the principles for decision making in the identified advanced practice nursing role;

          (4)  Preparation in the core competencies for the identified advanced practice nursing role;

          (5)  Preparation in specific competencies for the identified advanced practice nursing role and in one of the six population foci of practice: family/individual across the lifespan, adult-gerontology, neonatal, pediatrics, women's health/gender-related, or psychiatric/mental health;

          (6)  A program preparing a student for two population foci areas or combined advanced practice nursing roles shall include content and clinical experience in both roles and each of the population foci;

          (7)  A minimum of 500 supervised clinical hours including pharmacotherapeutics management of patients; and

          (8)  Provisions for the recognition of prior learning and advanced placements in the curriculum for students who hold a graduate degree in nursing and are seeking preparation in a different role and population focus. Students shall meet outcome competencies for the desired role and population focus.

          Source: 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9A-41

          Law Implemented: SDCL 36-9A-5, 36-9A-21.1.

          20:48:07:31.  Educational facilities and resources. The nursing program shall provide the following educational facilities and resources:

          (1)  Classrooms, conference rooms, laboratories, and offices available in the number and size required to meet the purpose of the nursing program and the needs of the students, faculty, administration, and staff;

          (2)  Library resources applicable to the type and size of the nursing program and accessible to students and faculty;

          (3)  Learning resource materials which are reviewed and evaluated and provide support for the level and size of the program;

          (4)  A system that safeguards records for students, graduates, and faculty against theft, fire, and disaster;

          (5)  Secretarial and other support services available to meet the needs of the faculty, students, and administration.

          The nursing education program administration, faculty, and students shall conduct annual evaluations of resources, facilities, and services.

          Source: 3 SDR 35, effective November 11, 1976; 9 SDR 151, effective May 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:48:07:08, 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-58.

          20:48:07:32.  Clinical facilities and resources. The nursing education program and faculty must meet the following requirements for clinical facilities and resources:

          (1)  Develop written criteria for clinical or practicum facility selection and utilization with consultation from the clinical agency;

          (2)  Maintain and annually review all written agreements with clinical or practicum facilities;

          (3)  Conduct an annual evaluation with the clinical agency for each clinical or practicum unit utilized to determine the appropriateness of its continued use for clinical experiences;

          (4)  Utilize clinical or practicum facilities which:

               (a)  Are approved by the applicable accreditation, evaluation, or licensing bodies;

               (b)  Meet the nursing education program's criteria for facility selection and utilization as developed under subdivision (1) of this section; and

               (c)  Have a utilization occupancy rate or census on the areas utilized by the program to assure student learning experiences are available for all students scheduled in the area of learning;

          (5)  Supervise students in the clinical facilities; and

          (6)  Maintain a faculty-to-student ratio in clinical facilities which does not exceed 1:8. The board shall consider the nature of the clinical experience in determining compliance with this requirement.

          Source: 3 SDR 35, effective November 11, 1976; 9 SDR 151, effective May 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:48:07:09, 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-58.

          Declaratory Ruling: All nursing programs must comply with the faculty-to-student ratio in clinical facilities specified in subdivision 20:48:07:32(6). South Dakota Board of Nursing Declaratory Ruling No. 94-3.

          20:48:07:33.  Student affairs and services. The institution and program administration must demonstrate compliance with the following requirements for student affairs and services:

          (1)  Accurate information is provided in writing or electronically to prospective and enrolled students regarding the nursing education program's philosophy and objectives, curriculum, fees, facilities, available student services, assistance, student organizations, student health, and the legal limitations for obtaining a South Dakota nursing license;

          (2)  Admission, readmission, progression, retention, dismissal, and graduation requirements are available to students in writing or electronically and are consistent with those of the governing institution. Policies specific to nursing students may be adopted if they are justified by the nature and purpose of the nursing program;

          (3)  Students are admitted without discrimination as to age, race, handicaps, religion, gender, sexual preference, national origin, or marital status;

          (4)  Information regarding student rights and responsibilities is provided to the student in writing or electronically;

          (5)  In the interest of client and student welfare, the program establishes standards for participating in nursing clinical or practicum experiences;

          (6)  Students participate in curriculum planning and evaluation, determination of academic policies and procedures, and evaluation of teaching effectiveness; and

          (7)  Each advanced practice nursing student holds an active, unencumbered license or a privilege to practice as a registered nurse in the state.

          Source: 3 SDR 35, effective November 11, 1976; 9 SDR 151, effective May 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:48:07:10, 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8), 36-9A-41.

          Law Implemented: SDCL 36-9-58, 36-9A-5, 36-9A-21.1.

          Declaratory Ruling: The Board of Nursing requires that a nursing education program or institution provide written information fulfilling the requirements of subdivisions (1), (2), and (4) of this section to an individual within a reasonable time after the information is requested. A reasonable time is dependent upon the facts and circumstances surrounding the situation. South Dakota Board of Nursing Declaratory Rulings No. 94-1 and 94-2.

          20:48:07:34.  Preceptors. Clinical preceptors may be used to enhance clinical learning experiences after a student has received clinical and didactic instruction in a specific clinical area as defined in § 20:48:07:30(3) or 20:48:07:30.01. When preceptors are used in the nursing program, the following criteria must be demonstrated:

          (1)  Preceptors are utilized in a supportive role to the program faculty. The program retains ultimate responsibility for student learning and evaluation;

          (2)  Policies are developed by the nursing education program for the selection, evaluation, and reappointment of preceptors;

          (3)  Preceptors are licensed at or above the level for which the student is preparing. Written qualifications are developed which address licensure, educational preparation, experience, and competence in nursing practice for the level of nursing education being offered;

          (4)  Preceptors receive information and orientation regarding:

               (a)  The program's philosophy;

               (b)  Purpose and outcomes;

               (c)  Curriculum;

               (d)  Pertinent policies and procedures;

               (e)  Learning objectives for the clinical or practicum experience;

               (f)  The role and responsibilities of the preceptors, students, and the nursing program faculty;

               (g)  The evaluation procedure and forms to be used; and

               (h)  Any information regarding the individual student's knowledge, abilities, and skills which is needed to assure safe client care;

          (5)  The rationale for the ratio of students to preceptors is documented by the program;

          (6)  Written procedures are developed and implemented for the faculty to take responsibility for students when preceptors are unavailable; and

          (7)  Advanced practice nursing preceptors practice in a comparable role, focus, or specialty area as the student's area of study.

          Source: 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8), 36-9A-41.

          Law Implemented: SDCL 36-9-58, 36-9A-5, 36-9A-21.1.

          20:48:07:35.  Types of nursing education program approval. The types of program approval include the following:

          (1)  Prerequisite status, granted when the board determines that required initial criteria for the establishment of a new nursing program are met. The institution or program must obtain prerequisite approval before proceeding with further planning for the new nursing program;

          (2)  Interim status, granted to a new program after all requirements for prerequisite status are met. The nursing program must obtain interim status before accepting students for admission;

          (3)  Full status, granted to a nursing education program that meets the minimum standards stated in this chapter; and

          (4)  Probationary status, given as a warning by the board that there are deficiencies within the program and minimum standards are not being met.

          Source: 18 SDR 107, effective December 30, 1991; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8), 36-9A-41.

          Law Implemented: SDCL 36-9-58.2, 36-9A-5, 36-9A-21.1.

          20:48:07:36.  Prerequisite status. An institution wishing to establish a new program in nursing shall take the following steps to obtain prerequisite status:

          (1)  Submit to the board a request for prerequisite status including the type of education program to be offered;

          (2)  Submit a statement of intent to the board at least 12 months in advance of the expected opening date for a registered nurse program and 8 months for a practical nurse program. The statement of intent shall include the following:

               (a)  Copies of articles of incorporation or statutory authority documenting the legal authority of the governing institution to offer a nursing program of the specified type and to confer the proposed degree, diploma, or certificate;

               (b)  A statement specifying the type of the proposed program;

               (c)  A description of the educational philosophy, purpose, and outcomes of the governing institution;

               (d)  A description of the accreditation status of the governing institution;

               (e)  A description of the national nursing accreditation status for a new advanced practice nursing education program; and

               (f)  A statement from the institution's governing board authorizing the new program;

          (3)  Conduct a needs assessment and submit to the board a report which includes:

               (a)  Nursing and other studies documenting the need for the program and for entry level nurses from the specified program in South Dakota and in the governing institution's area of the state;

               (b)  Data concerning the number of faculty needed projected over five years, the qualifications expected, plans for procuring faculty, and a timetable for employment;

               (c)  Evidence of financial resources for the planning, implementation, and continuation of the program for a minimum of five years;

               (d)  Availability of clinical facilities in the major clinical areas for the program, documenting the types of agencies available for student clinical experience, the accreditation status of the agencies, client census on each unit, and the types of clinical learning experiences available;

               (e)  Availability of academic facilities for the program, including classrooms, laboratories, offices, and library;

               (f)  Anticipated student enrollment per class and total students projected over five years;

               (g)  A tentative schedule for planning and initiating the program; and

          (4)  Provide additional information as requested by the board.

          Source: 3 SDR 35, effective November 11, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:48:07:01, 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-58.2, 36-9A-5.

          Cross-References: Administration and organization, § 20:48:07:21; Clinical facilities and resources, § 20:48:07:32.

          20:48:07:37.  Interim status. A new program may apply for interim status after requirements for prerequisite status have been met.

          The program seeking interim status shall submit a request for interim status and documentation that the governing institution has employed people to plan and develop the program, including a program administrator and faculty for program development. At least five full calendar months before the month of the expected opening date of the program, the program shall submit the following documentation:

          (1)  Anticipated student population;

          (2)  A plan for organization of the program with institutional and nursing department organizational charts;

          (3)  Criteria for the selection of faculty; and

          (4)  Nursing course syllabi including the following:

               (a)  Course title;

               (b)  Course description;

               (c)  Time allotment for the course;

               (d)  Prerequisites for the course;

               (e)  Course objectives;

               (f)  Course content;

               (g)  Learning or teaching methods;

               (h)  Method of evaluation; and

               (i)  Course descriptions for the general education and support courses.

          Source: 3 SDR 35, effective November 11, 1976; 9 SDR 151, effective May 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:48:07:02, 18 SDR 107, effective December 30, 1991; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-58.2, 36-9-58.3, 36-9A-5.

          20:48:07:38.  Continuation of interim status. Following graduation of the first class of a program in interim status, the program shall submit a self-evaluation report of compliance with board standards for nursing education or communication from a national accreditation body on meeting accreditation standards for advanced practice nursing education programs. A survey team shall conduct a site visit to verify compliance with board standards. If the results of the site visit indicate noncompliance with board standards, the survey team may recommend probationary status - withdrawal of program approval as outlined in § 20:48:07:43. Interim status shall continue for up to two measuring periods as described in § 20:48:07:47 commencing with the graduation of the program's first class unless the board extends the time not to exceed an additional two measuring periods. Noncompliance with board standards for nursing education, as established in this chapter, at this time, shall result in probationary status - withdrawal of program approval as outlined in § 20:48:07:43.

          Source: 3 SDR 35, effective November 11, 1976; 9 SDR 151, effective May 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:48:07:02, 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-58.2, 36-9-58.3, 36-9A-5.

          20:48:07:39.  Full status. After the undergraduate prelicensure registered nurse or practical nurse program has achieved a 75 percent pass rate for first-time writers of the licensing examination for two consecutive measuring periods as described in § 20:48:07:47, or after an advanced practice nursing education program obtains full accreditation status from a national nursing accrediting agency approved by the U.S. Department of Education, a new nursing education program may apply for full status approval. At least 30 days before a regularly scheduled board meeting, the program shall submit a request for full status and include documentation regarding changes, progress in addressing previous board recommendations, and compliance with the required passing rate on licensing examinations. The program must cooperate with the board in submitting materials to determine compliance with educational standards established in this chapter. The board may grant full status to an undergraduate registered nurse or practical nurse program if the program complies with educational standards and the passing rate on licensing examinations and to an advanced practice nursing education program if the program holds national accreditation status from a national nursing accrediting agency approved by the U.S. Department of Education.

          The program may request a hearing in accordance with SDCL chapter 1-26 if the board questions its compliance with board standards established in this chapter.

          Source: 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-58.2, 36-9-58.3, 36-9-58.4, 36-9A-5.

          20:48:07:41.  Survey visit. The board shall survey and evaluate all nursing education programs at least every four years to ensure continuing compliance with board standards of nursing education or more often as considered necessary. Before the survey visit, the program shall submit a narrative self-evaluation report which provides evidence of compliance with the criteria for the evaluation of nursing programs as established in this chapter. Representatives of the board shall conduct the survey visit on dates mutually acceptable to the board and the program. The board shall send an announcement of a survey visit to the program at least 90 days in advance of the visit. The board shall request programs to participate in scheduling survey visit activities. The board shall make a draft of the survey visit report available to the program for review and correction of factual information.

          Following the board's review of the program's self-evaluation report and the report of the survey visit, the board shall decide on the approval status of the program. The board shall send written notice regarding the approval status of the program and any board recommendations to the administrator of the governing institution and the administrator of the nursing education program.

          Source: 3 SDR 35, effective November 11, 1976; 9 SDR 151, effective May 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:48:07:12, 18 SDR 107, effective December 30, 1991; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8), 36-9A-41.

          Law Implemented: SDCL 36-9-58.3, 36-9-64, 36-9-64.1, 36-9A-5, 36-9A-21.1.

          20:48:07:42.  Fees for surveys. The board shall collect the following fees for the survey of a new or existing nursing education program:

          (1)  $100 a day;

          (2)  Travel expenses in accordance with chapter 5:01:02 for all board representatives making the site survey visit.

          Source: 3 SDR 35, effective November 11, 1976; 9 SDR 151, effective May 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:48:07:15, 18 SDR 107, effective December 30, 1991; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(7), 36-9A-41.

          Law Implemented: SDCL 36-9-58.3, 36-9-64.1, 36-9A-5, 36-9A-21.1.

          20:48:07:43.  Probationary status -- Withdrawal of program approval. If a survey team determines at any time that a program is not complying with the board's standards for nursing education established in this chapter, the survey team shall file a report with the board identifying the alleged deficiencies and send a copy to the administrator of the nursing program and the administrator of the governing institution. Upon receipt of the survey team report and any written response from the program, the board shall schedule a meeting with program representatives to consider the alleged deficiencies and the board's recommendations.

          If the board changes the program's approval status to probationary status, the board shall send written notice regarding the board's decision and the board's recommendations to the administrator of the governing institution and the administrator of the nursing education program. The board shall individually determine the period of time for probationary status in relation to the nature of the deficiencies, with no less than one year allowed for the correction of deficiencies.

          At the expiration of the probationary period, if the program has failed to correct the deficiencies to the board's satisfaction and has not implemented the board's recommendations, the board may withdraw approval after a hearing in accordance with SDCL chapter 1-26. If the program corrects the deficiencies to the board's satisfaction and implements the board's recommendations, the board may restore the program's approval status. The board shall give the administrator of the nursing program and the administrator of the governing institution written notice of any change in approval status.

          Source: 3 SDR 35, effective November 11, 1976; 9 SDR 151, effective May 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:48:07:13, 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-58.4, 36-9-66, 36-9-67, 36-9A-5, 36-9A-21.1.

          20:48:07:44.  Voluntary closing of approved program. The administrator of an approved nursing education program that is voluntarily closing shall notify the board in writing, including the reason for closing, the date of intended closing, and a plan that includes provisions for currently enrolled students and disposition of records. The governing institution may choose one of the following two closing procedures:

          (1)  Continuance until the last class enrolled is graduated, with the following requirements:

               (a)  The program must continue to meet the board standards for nursing education until all of the enrolled students are graduated;

               (b)  The date of closure is the date on the degree, diploma, or certificate of the last graduate; and

               (c)  The governing institution must notify the board of the official closing date; or

          (2)  Closure after assisting in the transfer of students to other approved programs, with the following requirements:

               (a)  The program must continue to meet the board standards for nursing education until all students are transferred;

               (b)  A list of the names of students who have been transferred to approved programs and the date the last student was transferred must be submitted to the board by the governing institution; and

               (c)  The date of closure is the date the last student was transferred.

          Source: 3 SDR 35, effective November 11, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:48:07:14, 18 SDR 107, effective December 30, 1991; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-58, 36-9A-5, 36-9A-21.1.

          20:48:07:45.  Involuntary closing of program. If the board denies approval or withdraws approval of a program after a hearing, the governing institution must comply with the following closing procedures:

          (1)  The program must close after assisting in the transfer of students to other approved programs. The board shall establish the schedule for the transfer process;

          (2)  The governing institution shall submit to the board a list of the names of students who have transferred to approved programs and the date the last student was transferred; and

          (3)  The date the last student was transferred is the closing date of the program.

          Source: 3 SDR 35, effective November 11, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:48:07:14, 18 SDR 107, effective December 30, 1991; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-67, 36-9A-5, 36-9A-21.1.

          20:48:07:46.  Custody and disposition of records of closed programs. Custody and disposition of records of closed programs must be maintained in one of the following ways:

          (1)  If the governing institution continues to function, it shall assume responsibility for the records of the students and the graduates. The institution shall advise the board of the arrangements made to safeguard the records; or

          (2)  If the governing institution ceases to exist, the institution shall transfer the academic transcript of each student and graduate to the board office for safe keeping.

          The institution shall consult the board about the disposition of all other records.

          Source: 3 SDR 35, effective November 11, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:48:07:14, 18 SDR 107, effective December 30, 1991; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-58, 36-9A-5, 36-9A-21.1.

          20:48:07:47.  Maintaining ongoing approval -- Undergraduate nursing education programs. To maintain ongoing approval each undergraduate program must maintain a minimum of a 75 percent passing rate for first-time writers on the National Council Licensing Examination, as calculated pursuant to this section. If the program fails to meet this requirement for two consecutive measuring periods, the board shall require the program to submit a detailed action plan for improvement of the National Council Licensing Examination scores. For purposes of this section, the term, measuring period, means that period commencing on January 1 of each calendar year and continuing until December 31 of the calendar year in which the number of first-time writers on the National Council Licensing Examination since the start of the respective measuring period equals or exceeds twenty-one. Measuring periods may overlap.

          Each program must submit a report to the board in the format and by the deadline prescribed by the board. The format shall include information related to students, faculty, graduates, curriculum, and clinical facilities. The board shall review each program's annual report and determine whether the program continues to comply with board standards for nursing education. If the program does not comply with the board standards, the board shall make recommendations to the school to address the areas of noncompliance within a designated time.

          Source: 3 SDR 35, effective November 11, 1976; 9 SDR 151, effective May 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from §§ 20:48:07:10.01 and 20:48:07:11, 18 SDR 107, effective December 30, 1991; 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-58, 36-9-64.

          Example: The number of first-time writers from the program in question is as follows:

          January 1, 2004-December 31, 2004: 10 first-time writers;

          January 1, 2005-December 31, 2005:   8 first-time writers;

          January 1, 2006-December 31, 2006:   7 first-time writers; and

          January 1, 2007-December 31, 2007: 12 first-time writers.

          The first measuring period is January 1, 2004, through December 31, 2006, since 25 first-time writers will have written the licensing examination during such period. The second measuring period is January 1, 2005, through December 31, 2007, since 27 first-time writers will have written the licensing examination during such period.

          20:48:07:47.01.  Maintaining ongoing approval of advanced practice registered nurse programs. To maintain ongoing approval, each advanced practice nursing education program must maintain accreditation from a national nursing accrediting agency approved by the U.S. Department of Education. A program that has national accreditation shall:

          (1)  Submit to the board copies of accreditation related correspondence with the national nursing accrediting agency within 10 days of receipt on initial accreditation, reaccreditation, or substantial program changes;

          (2)  Submit to the board any report from a national accrediting agency citing deficiencies or recommendations within 10 days of receipt by the nursing program;

          (3)  Notify the board within ten days of any change in accreditation status; and

          (4)  Be subject to an on-site visit at the discretion of the board in accordance with §§ 20:48:07:41 and 20:48:07:42.

          If the program loses national accreditation the board shall require the program to submit a detailed action plan to correct deficiencies.

          Each program must submit a report to the board in the format and by the deadline prescribed by the board. The format shall include information related to students, faculty, graduates, curriculum, and clinical facilities. The board shall review each program's annual report and determine whether the program continues to comply with board standards for nursing education. If the program does not comply with the board standards, the board shall make recommendations to the school to address the areas of noncompliance within a designated time.

          Source: 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9A-41.

          Law Implemented: SDCL 36-9A-5, 36-9A-21.1.

          20:48:07:48.  Nationally accredited nursing programs. A nursing program that holds national accreditation status from a national nursing accrediting agency approved by the U.S. Department of Education is exempt from § 20:48:07:41 for the purpose of maintaining on-going full approval status. A program that has national accreditation shall:

          (1)  Submit to the board evidence of initial accreditation and shall submit evidence of continuing accreditation after each reaccreditation review;

          (2)  Submit to the board any report from a national accrediting agency citing deficiencies or recommendations at the time the report is received by the nursing program;

          (3)  Notify the board within ten days of any change in accreditation status;

          (4)  Continue to maintain on-going approval status with the board upon receipt and review of the documents required in subdivisions (1) and (2) unless otherwise notified by the Board; and

          (5)  Be subject to an on-site visit at the discretion of the board in accordance with this chapter.

          Source: 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-58, 36-9-64.

          20:48:07:49.  Distance education programs. Delivery of instruction by distance education methods must be congruent with the nursing program curriculum plan and enable students to achieve program outcomes in accordance with § 20:48:07:28. A distance education program that meets the following requirements may be incorporated into a nursing program curriculum:

          (1)  Has a means for assessing individual student outcomes and program outcomes;

          (2)  Is approved by the agency regulating nurses in the jurisdiction of origination;

          (3)  Complies with the regulatory requirements in each state that the program is being offered;

          (4)  Requires each faculty member to be licensed as a registered nurse in the state of South Dakota or have privilege to practice when teaching didactic and clinical nursing education to practical nursing students or registered nursing students who are physically located in the state of South Dakota. For programs offering advanced practice nursing education, requires each faculty member to be licensed as an advanced practice registered nurse in the state of South Dakota or have privilege to practice when teaching advanced practice nursing students who are physically located in South Dakota;

          (5)  Provides students with adequate clinical instruction to meet program outcomes;

          (6)  Provides adequate technical support and assistance to students and faculty;

          (7)  Provides for student access to faculty members and resources;

          (8)  Assures security of the students' personal information in conducting assessments and evaluations and in disseminating the results of distance learning courses; and

          (9)  Assures the integrity of student work.

          Source: 31 SDR 26, effective September 8, 2004; 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-58.

          20:48:07:50.  Simulation. A nursing education program may use simulation as a substitute for traditional clinical experiences, not to exceed fifty percent of the total program clinical hours. A program that uses simulation shall provide evidence that the following standards have been met:

          (1)  Faculty involved in simulations, both didactic and clinical, shall have training in the use of simulation and shall engage in on-going professional development in the use of simulation;

          (2)  The program shall demonstrate that the simulation activities are linked to programmatic outcomes;

          (3)  The program shall have written policies and procedures on the following:

               (a)  Short-term and long-term plans for integrating simulation into the curriculum;

               (b)  Method of debriefing each simulated activity; and

               (c)  Plan for orienting faculty to simulation;

          (4)  The program shall develop criteria to evaluate the simulation activities that includes ongoing evaluation by students; and

          (5)  The program shall include information about its use of simulation in its annual report to the Board of Nursing.

          Source: 45 SDR 9, effective July 30, 2018.

          General Authority: SDCL 36-9-21(8).

          Law Implemented: SDCL 36-9-58,36-9A-5, 36-9A-21.1.

          20:48:13:01.  Separation of funds -- Disbursement. The funds collected for the nurse education assistance scholarship program from fees paid by each licensed practical nurse and registered nurse at the time of licensure renewal shall be set aside in separate accounts.

          Nurse education assistance scholarship funds generated by licensed practical nurse renewal fees shall be disbursed only to recipients enrolled in a nursing education program leading to initial practical nurse licensure.

          Nurse education assistance scholarship funds generated by registered nurse renewal fees shall be disbursed to recipients enrolled in a nursing education program leading either to initial registered nurse licensure or to registered nurse degree enhancement.

          Source: 16 SDR 37, effective August 30, 1989; 41 SDR 12, effective July 31, 2014.

          General Authority: SDCL 36-9-76.

          Law Implemented: SDCL 36-9-35, 36-9-43, 36-9-76, 36-9-77, 36-9-79.

          Cross-References: Fees required of registered nurses, § 20:48:06:01; Fees required of licensed practical nurses, § 20:48:06:02.

          20:48:13:02.  Additional qualification criteria. In addition to the criteria for qualifying for the nurse education assistance scholarship program listed in SDCL 36-9-78, the applicant must:

          (1)  Be accepted into a nursing education program located in South Dakota that leads to initial licensure or be accepted into a nursing education program leading to registered nurse degree enhancement that is acceptable to the board;

          (2)  Demonstrate financial need as determined by:

               (a)  Personal financial information submitted by the applicant;

               (b)  Evaluation by the financial aid officer at school in which applicant is enrolled;

               (c)  The amount of financial aid for which the applicant is eligible from other sources in relation to the total direct educational expenses as submitted by the school;

          (3)  Complete all application forms provided by the board.

          The applicant must submit the application to the board office by June 1 of the year in which the application is to be considered.

          Source: 16 SDR 37, effective August 30, 1989; 16 SDR 138, effective March 1, 1990; 41 SDR 12, effective July 31, 2014.

          General Authority: SDCL 36-9-76.

          Law Implemented: SDCL 36-9-76, 36-9-78, 36-9-81.

          20:48:13:03.  Disbursements. Funds from the nurse education assistance scholarship program shall be disbursed directly to the educational institution at the beginning of each academic term.

          Source: 16 SDR 37, effective August 30, 1989; 41 SDR 12, effective July 31, 2014.

          General Authority: SDCL 36-9-76.

          Law Implemented: SDCL 36-9-80.

          20:48:13:04.  Consolidation of awards. Repealed.

          Source: 16 SDR 37, effective August 30, 1989; repealed, 41 SDR 12, effective July 31, 2014.

          20:48:13:05.  Additional criteria for repayment of loans by employment. Repealed.

          Source: 16 SDR 37, effective August 30, 1989; repealed, 41 SDR 12, effective July 31, 2014.

          20:48:13:06.  Extension of loan repayment period. Repealed.

          Source: 16 SDR 37, effective August 30, 1989; repealed, 41 SDR 12, effective July 31, 2014.

          20:48:13:07.  Minimum loan payment. Repealed.

          Source: 16 SDR 37, effective August 30, 1989; repealed, 41 SDR 12, effective July 31, 2014.

          20:48:13:08.  Demand for payment. Repealed.

          Source: 16 SDR 37, effective August 30, 1989; repealed, 41 SDR 12, effective July 31, 2014.

          20:48:13:09.  Cancellation of promissory note. Repealed.

          Source: 16 SDR 37, effective August 30, 1989; repealed, 41 SDR 12, effective July 31, 2014.

          20:48:13:10.  Administrative costs. The costs for administration of the nurse education assistance scholarship program shall be deducted from the loan fund.

          Source: 16 SDR 37, effective August 30, 1989; 41 SDR 12, effective July 31, 2014.

          General Authority: SDCL 36-9-76.

          Law Implemented: SDCL 36-9-76.

          20:48:15:01.  Definitions. Repealed.

          Source: 27 SDR 54, effective December 6, 2000; 45 SDR 9, effective July 30, 2018.

          20:48:15:02.  Issuance of license by compact party state. Repealed.

          Source: 27 SDR 54, effective December 6, 2000; 35 SDR 166, effective December 26, 2008; 41 SDR 12, effective July 31, 2014; 45 SDR 9, effective July 30, 2018.

          20:48:15:03.  Limitations on multistate licensing privilege. Repealed.

          Source: 27 SDR 54, effective December 6, 2000; 35 SDR 166, effective December 26, 2008; 45 SDR 9, effective July 30, 2018.

          20:48:15:04.  Information system. Repealed.

          Source: 27 SDR 54, effective December 6, 2000; 45 SDR 9, effective July 30, 2018.