ARSD Article 20:49 — NURSING HOME ADMINISTRATORS

HEALTH HEALTH

Chapter 20:49:01 Definitions

ARSD 20:49:01:01 Definitions

Terms used in this article mean:

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

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

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

History

• Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 86, effective November 17, 1991; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 27, effective July 1, 2014.
• General Authority: SDCL 36-28-10.
• Law Implemented: SDCL 36-28-1.

Chapter 20:49:02 General rules affecting board

ARSD 20:49:02:01 Meetings

The board shall meet semiannually or as often as necessary to transact its business. A quorum must be present to transact official business.

History

• Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 36-28-4.
• Law Implemented: SDCL 36-28-4.

ARSD 20:49:02:02 Repealed

Officers and duties.** Repealed.

History

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66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 36 SDR 27, effective August 25, 2009; repealed, SL 2014, ch 186, § 28, effective July 1, 2014.

ARSD 20:49:02:03 President

The president shall preside at all meetings of the board. In the absence of the president, the vice-president shall preside at meetings and perform all duties usually performed by the president.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; SL 2014, ch 186, § 29, effective July 1, 2014.
• General Authority: SDCL 36-28-4.
• Law Implemented: SDCL 36-28-4.

ARSD 20:49:02:04 Repealed

Secretary-treasurer.** Repealed.

History

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

ARSD 20:49:02:05 Repealed

Emergency decisions.** Repealed.

History

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

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

The board may hold a meeting by telephone conference call to decide on any petitions filed pursuant to SDCL 1-26-13 or 1-26-15.

History

• Source: 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 36-28-4.
• Law Implemented: SDCL 36-28-4.

Chapter 20:49:03 Examinations

ARSD 20:49:03:01 Examinations

An applicant for licensure must pass the following examinations:

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

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

Cross-Reference: Nursing facilities, art 44:73.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 90, effective January 22, 1987; 17 SDR 171, effective May 16, 1991; 18 SDR 86, effective November 17, 1991; 22 SDR 74, effective November 27, 1995; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 30, effective July 1, 2014; 46 SDR 75, effective December 4, 2019.
• General Authority: SDCL 36-28-10, 36-28-11, 36-28-12.
• Law Implemented: SDCL 36-28-10, 36-28-11, 36-28-12.

ARSD 20:49:03:02 Repealed

Retention of examinations.** Repealed.

History

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

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

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

History

• Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 32, effective July 1, 2014.
• General Authority: SDCL 36-28-10.
• Law Implemented: SDCL 36-28-10 to 36-28-12.

ARSD 20:49:03:04 Disqualification of applicant

Repealed.

History

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

ARSD 20:49:03:05 Repealed

Review of application.** Repealed.

History

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

ARSD 20:49:03:06 Repealed

New application after disqualification.** Repealed.

History

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

ARSD 20:49:03:07 Reexamination

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

History

• Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 90, effective January 22, 1987; 17 SDR 171, effective May 16, 1991; 22 SDR 74, effective November 27, 1995; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 34, effective July 1, 2014.
• General Authority: SDCL 36-28-10.
• Law Implemented: SDCL 36-28-10 to 36-28-12.

ARSD 20:49:03:08 Repealed

Requalification.** Repealed.

History

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

ARSD 20:49:03:09 Repealed

Subjects for examination.** Repealed.

History

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

ARSD 20:49:03:10 Repealed

Grading examinations.** Repealed.

History

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

ARSD 20:49:03:11 Repealed

Disclosure of ratings.** Repealed.

History

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

ARSD 20:49:03:12 Repealed

Confidentiality.** Repealed.

History

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

Chapter 20:49:04 Qualifications for initial licensure

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

To obtain licensure as a nursing facility administrator, an applicant must submit the following to the Board of Nursing Facility Administrators:

(1) A completed application form and a nonrefundable fee of three hundred ninety dollars, which shall be annually prorated based on application date and the biennial license renewal date;

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

(3) Verification of:

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

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

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

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

(6) Verification of passage, within four years preceding the date of application, of the Nursing Home Administrators Licensing Examination or the Core of Knowledge Examination for Long Term Care Administrators and the Nursing Home Administrators Line of Service Examination administered by the National Association of Long Term Care Administrator Boards; and

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

History

• Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 8 SDR 24, effective September 16, 1981; 8 SDR 166, effective June 15, 1982; 9 SDR 108, effective February 21, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 171, effective May 16, 1991; 22 SDR 74, effective November 27, 1995; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 35, effective July 1, 2014; 46 SDR 75, effective December 4, 2019; 50 SDR 71, effective December 18, 2023.
• General Authority: SDCL 36-28-9, 36-28-10, 36-28-11, 36-28-12, 36-28-15.
• Law Implemented: SDCL 36-28-9, 36-28-10, 36-28-11, 36-28-12.

ARSD 20:49:04:02 Repealed

Application requirements.** Repealed.

History

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

ARSD 20:49:04:03 Conviction of felony

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

History

• Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 74, effective November 27, 1995; SL 2014, ch 186, § 37, effective July 1, 2014.
• General Authority: SDCL 36-28-4, 36-28-12.
• Law Implemented: SDCL 36-28-12.

ARSD 20:49:04:04 Repealed

Federal qualifications.** Repealed.

History

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

ARSD 20:49:04:05 Transferred

Transferred to § 20:49:04:02.**

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

The board may designate a time and place at which an applicant may be required to be present for an interview and oral examination.

History

• Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 36-28-4.
• Law Implemented: SDCL 36-28-10 to 36-28-12.

ARSD 20:49:04:07 Repealed

No discrimination.** Repealed.

History

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

ARSD 20:49:04:08 Repealed

Initial license fee.** Repealed.

History

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

Chapter 20:49:05 Emergency permit

ARSD 20:49:05:01 Emergency permit

To meet the needs of a nursing facility that has a vacancy in the administrator's position, the Board of Nursing Facility Administrators may issue to an individual an emergency permit to practice as a nursing facility administrator for not more than one hundred eighty days, subject to the following:

(1) A person of authority from the facility with the vacancy submits an application to the board, accompanied by a nonrefundable fee of two hundred sixty dollars;

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

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

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

A preceptor may only be held responsible for the acts of the emergency administrator operating under the preceptor's supervision if the preceptor does not fulfill the requirements of this section.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 90, effective January 22, 1987; 17 SDR 171, effective May 16, 1991; 18 SDR 86, effective November 17, 1991; 22 SDR 74, effective November 27, 1995; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 39, effective July 1, 2014; 50 SDR 71, effective December 18, 2023.
• General Authority: SDCL 36-28-13.
• Law Implemented: SDCL 36-28-13.

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

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

History

• Source: 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 86, effective November 17, 1991.
• General Authority: SDCL 36-28-4.
• Law Implemented: SDCL 36-28-13.

Chapter 20:49:06 Reciprocal licensure

ARSD 20:49:06:01 Reciprocal licensure

To obtain reciprocal licensure as a nursing facility administrator, an applicant must submit the following to the Board of Nursing Facility Administrators:

(1) A completed application form and a nonrefundable fee of three hundred ninety dollars;

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

(3) Verification of completion of:

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

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

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

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

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

(6) Verification of passage of the Nursing Home Administrators Licensing Examination or the Core of Knowledge Examination for Long Term Care Administrators and the Nursing Home Administrators Line of Service Examination administered by the National Association of Long Term Care Administrator Boards;

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

(8) A certified letter verifying the nursing facility administrator license, or equivalent license, and status of the license from the board in each state or other political subdivision of the United States in which the applicant is or has been licensed.

If an applicant for reciprocal licensure has had action taken against a license as a nursing facility administrator, or equivalent license, the board may deny a license to the applicant.

Cross-Reference: Nursing facilities, article 44:73.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 90, effective January 22, 1987; 17 SDR 171, effective May 16, 1991; 22 SDR 74, effective November 27, 1995; 24 SDR 21, effective August 24, 1997; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 40, effective July 1, 2014; 46 SDR 75, effective December 4, 2019; 50 SDR 71, effective December 18, 2023.
• General Authority: SDCL 36-28-9, 36-28-10, 36-28-11, 36-28-12, 36-28-14.
• Law Implemented: SDCL 36-28-9, 36-28-10, 36-28-11, 36-28-12, 36-28-14.

Chapter 20:49:07 Display of licenses

ARSD 20:49:07:01 Display of licenses

Each person licensed as a nursing facility administrator shall display the license in a conspicuous place in the licensee's office or place of business.

History

• Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986; readopted, 13 SDR 90, effective January 22, 1987; 36 SDR 27, effective August 25, 2009.
• General Authority: SDCL 36-28-18.
• Law Implemented: SDCL 36-28-18.

ARSD 20:49:07:02 Duplicate licenses

The board may issue a duplicate license upon request and payment of a $50 fee.

History

• Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986; readopted, 13 SDR 90, effective January 22, 1987; 27 SDR 61, effective December 24, 2000; SL 2014, ch 186, § 41, effective July 1, 2014.
• General Authority: SDCL 36-28-18.1.
• Law Implemented: SDCL 36-28-18.1.

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

ARSD 20:49:08:01 Application for renewal

To renew a license, a licensee must apply to the Board of Nursing Facility Administrators by December thirty-first of each even-numbered year and report any information requested by the board on forms provided by the board. A licensee need not be actively practicing as a nursing facility administrator to be eligible to renew the license.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 42, effective July 1, 2014; 50 SDR 71, effective December 18, 2023.
• General Authority: SDCL 36-28-18.
• Law Implemented: SDCL 36-28-18.

ARSD 20:49:08:01.01 Fee for renewal

The nonrefundable fee for renewal of a license is three hundred ninety dollars.

History

• Source: 12 SDR 99, effective December 16, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 90, effective January 22, 1987; 18 SDR 86, effective November 17, 1991; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 43, effective July 1, 2014; 50 SDR 71, effective December 18, 2023.
• General Authority: SDCL 36-28-18.
• Law Implemented: SDCL 36-28-18.

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

A licensee may place the license on inactive status upon completion of a form provided by the Board of Nursing Facility Administrators and payment of a nonrefundable fee of one hundred fifty-nine dollars. A licensee may reactivate the license as provided in SDCL 36-28-18.2. The required fee to reactivate a license is three hundred dollars. To satisfy the continuing education requirement to reactivate a license, the licensee must provide evidence of twenty hours of board-approved continuing education earned within the past twelve months prior to the date of reactivation.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 18 SDR 86, effective November 17, 1991; readopted, 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 44, effective July 1, 2014; 50 SDR 71, effective December 18, 2023.
• General Authority: SDCL 36-28-18.2.
• Law Implemented: SDCL 36-28-18.2.

ARSD 20:49:08:03 Continuing education requirements

A minimum of 40 hours of board approved continuing education directly related to the duties of a nursing facility administrator and pertaining to health care, healthcare administration, or business administration is required biennially for renewal of a license. The board may accept academic courses directly related to the duties of a nursing facility administrator and pertaining to health care, healthcare administration, or business administration offered through a higher education institution accredited by an organization recognized by the Council for Higher Education Accreditation. The board may approve continuing education providers and programs.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 86, effective June 27, 1976; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 90, effective January 22, 1986; 22 SDR 74, effective November 27, 1995; 27 SDR 61, effective December 24, 2000; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 45, effective July 1, 2014; 46 SDR 75, effective December 4, 2019.
• General Authority: SDCL 36-28-21.1.
• Law Implemented: SDCL 36-28-21.1.

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

A provider or program that desires approval as a continuing education provider or program may apply on a form approved by the board. The board shall notify the applicant of its decision.

History

• Source: 13 SDR 90, effective January 22, 1987; 22 SDR 74, effective November 27, 1995; 36 SDR 27, effective August 25, 2009; SL 2014, ch 186, § 46, effective July 1, 2014.
• General Authority: SDCL 36-28-21.1.
• Law Implemented: SDCL 36-28-21.1.

ARSD 20:49:08:05 Repealed

Attendee request for continuing education approval.** Repealed.

History

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

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

ARSD 20:49:09 Repealed chapter

CHAPTER 20:49:09

ADMINISTRATOR'S NONCOMPLIANCE

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

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

ARSD 20:49:10:01 Repealed

Right to counsel.** Repealed.

History

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

ARSD 20:49:10:02 Repealed

Procedure without counsel.** Repealed.

History

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

ARSD 20:49:10:03 Repealed

Adjournments.** Repealed.

History

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

ARSD 20:49:10:04 Repealed

Subpoenas.** Repealed.

History

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

ARSD 20:49:10:05 Repealed

Determination of hearing officer.** Repealed.

History

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

ARSD 20:49:10:06 Repealed

Findings and conclusions.** Repealed.

History

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

ARSD 20:49:10:07 Repealed

Availability of records.** Repealed.

History

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

ARSD 20:49:10:08 Repealed

Procedures in contested cases.** Repealed.

History

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

ARSD 20:49:10:09 Repealed

Procedures in board hearings.** Repealed.

History

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

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

ARSD 20:49:11 Repealed chapter

CHAPTER 20:49:11

APPEAL FROM INFORMAL HEARING

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

Chapter 20:49:12 Severability provisions, Repealed

ARSD 20:49:12 Repealed chapter

CHAPTER 20:49:12

SEVERABILITY PROVISIONS

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

Chapter 20:49:14 Declaratory rulings

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

Any person may petition the board to issue a declaratory ruling by filing a written request.

History

• Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 9, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; SL 2014, ch 186, § 50, effective July 1, 2014.
• General Authority: SDCL 36-28-4.
• Law Implemented: SDCL 1-26-15.

ARSD 20:49:14:02 Repealed

Board action on petition.** Repealed.

History

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

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

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

The Board of Nursing Facility Administrators may revoke or suspend a license or take other action deemed necessary to protect the public upon any of the following grounds:

(1) The licensee failed to complete continuing education requirements;

(2) The licensee or permittee is found to have committed fraud, bribery, or deceit in procuring a license or permit, in carrying out the duties of a nursing home administrator, or in obtaining renewal of a license or permit;

(3) The licensee or permittee has been convicted of, pled no contest to, pled nolo contendere to, pled guilty to, or been granted a deferred judgment or suspended imposition of sentence on, or had prosecution deferred with respect to, a felony. A felony includes any offense committed in another state that would be a felony under the laws of this state;

(4) The licensee or permittee is addicted to the use of intoxicating beverages, narcotics, or any drugs or controlled substances to an extent that the licensee or permittee cannot perform the duties of a nursing facility administrator with reasonable skill and safety;

(5) The physical or mental condition of the licensee or permittee is determined by a competent examiner to jeopardize those who seek the professional services of the licensee or permittee. A majority of the board may demand an examination of the licensee or permittee. Failure of the licensee or permittee to submit to the examination is grounds for suspension of the license or permit;

(6) The licensee or permittee is found to have committed unprofessional conduct;

(7) The licensee or permittee has violated any provision of SDCL chapter 36-28 or any rule promulgated pursuant to that chapter; or

(8) The licensee had an adverse action taken against a nursing facility administrator or equivalent license in another jurisdiction.

History

• Source: 8 SDR 24, effective September 16, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 74, effective November 27, 1995; SL 2014, ch 186, § 52, effective July 1, 2014; 50 SDR 71, effective December 18, 2023.
• General Authority: SDCL 36-28-9.
• Law Implemented: SDCL 36-28-9, 36-28-12.1, 36-28-23.

ARSD 20:49:15:02 Unprofessional conduct

Unprofessional conduct includes:

(1) Failure to exercise technical competence in carrying out nursing facility administration;

(2) Failure to follow or enforce policies or procedures necessary to assure patient or resident welfare and safety;

(3) Failure to safeguard a patient's or resident's dignity and right to privacy;

(4) Violating the confidentiality of information or knowledge concerning a patient or resident;

(5) Mental, verbal, or physical abuse of a patient or resident;

(6) Using alcohol or other drugs to the extent that there is significant interference with job performance;

(7) Misuse of drug supplies, narcotics, or a patient's or resident's records;

(8) Falsifying a patient's or resident's records or intentionally charting incorrectly;

(9) Appropriating medications, supplies, or personal items of a patient or resident or agency;

(10) Forging a prescription or making a drug available to self, friends, or family members;

(11) Falsifying records submitted to the Board of Nursing Facility Administrators, Department of Health, or any other government agency;

(12) Delegating nursing facility administrator care, functions, tasks, or responsibilities to others contrary to SDCL chapter 36-28 or to the detriment of patient or resident safety;

(13) Failure to exercise appropriate supervision over persons who are authorized to practice only under the supervision of a licensed professional;

(14) Leaving a nursing facility administrator assignment or post without notifying a substitute;

(15) Assisting any other person to violate or circumvent any provision of SDCL chapter 36-28 or this article;

(16) Permitting an unlicensed person to use a nursing facility administrator license or permit for any purpose; and

(17) Having a license or certificate in a related health care discipline in this state or in another state denied, refused renewal, revoked, or suspended due to unprofessional conduct as defined in subdivisions (1) to (16), inclusive, of this section.

History

• Source: 8 SDR 24, effective September 16, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; SL 2014, ch 186, § 53, effective July 1, 2014; 50 SDR 71, effective December 18, 2023.
• General Authority: SDCL 36-28-9.
• Law Implemented: SDCL 36-28-9, 36-28-12.1, 36-28-23.