Rule 20:49 NURSING HOME ADMINISTRATORS
ARTICLE 20:49
NURSING HOME ADMINISTRATORS
Chapter
20:49:01 Definitions.
20:49:02 General rules affecting board.
20:49:03 Examinations.
20:49:04 Qualifications for initial
licensure.
20:49:05 Emergency permit.
20:49:06 Reciprocal licensure.
20:49:07 Display of licenses.
20:49:08 Renewal of license and continuing
education.
20:49:09 Administrator's noncompliance,
Repealed.
20:49:10 Procedures in contested cases and
hearings.
20:49:11 Appeal from informal hearing,
Repealed.
20:49:12 Severability provisions, Repealed.
20:49:13 Initiation of rules, Superseded.
20:49:14 Declaratory rulings.
20:49:15 Revocation, suspension, or
nonrenewal of license or permit.
Rule 20:49:01 DEFINITIONS
CHAPTER 20:49:01
DEFINITIONS
Section
20:49:01:01 Definitions.
Rule 20:49:01:01 Definitions.
20:49:01:01. Definitions.
Terms defined in SDCL 36-28-1 have the same meaning when used in this article. In addition, terms used in this article mean:
(1) "Preceptor,"
a licensed nursing facility administrator who has been licensed for at least
four years in South Dakota and approved by the board to train
administrators-in-training;
(2) "Administrator-in-training,"
"(AIT)," a person who is serving in a licensed nursing facility under
the supervision of a preceptor and is in the process of completing the
administrator-in-training internship in at least 240 hours in six consecutive
months.
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.
General
Authority: SDCL a36-28-10.
Law
Implemented: SDCL 36-28-1.
Rule 20:49:02 GENERAL RULES AFFECTING BOARD
Rule 20:49:02:01 Meetings.
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.
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.
Rule 20:49:02:02 Officers and duties.
20:49:02:02. Officers
and duties. An officer may serve no more than two consecutive one-year
terms. The board may employ an executive secretary who may not be a member of
the board and to whom duties may be delegated as considered proper.
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.
General
Authority: SDCL 36-28-4.
Law
Implemented: SDCL 36-28-4.
Rule 20:49:02:03 Chairman.
20:49:02:03. Chairman. The chairman shall preside at all
meetings of the board. In the absence of the chairman, the vice-chairman shall
preside at meetings and perform all duties usually performed by the chairman.
Source:
SL 1975, ch 16, § 1; 12 SDR
151, 12 SDR 155, effective July 1, 1986.
General
Authority:SDCL 36-28-4.
Law
Implemented:SDCL 36-28-4.
Rule 20:49:02:04 Repealed.
20:49:02:04. Secretary-treasurer.
Repealed.
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.
Rule 20:49:02:05 Repealed.
20:49:02:05. Emergency decisions.Repealed.
Source:
SL 1975, ch 16, § 1; 6 SDR
66, effective January 9, 1980; repealed, 12 SDR 99,
effective December 16, 1985.
Rule 20:49:02:06 Telephone meetings on rules or rulings.
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.
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.
Rule 20:49:03 EXAMINATIONS
Rule 20:49:03:01 Examinations.
20:49:03:01. Examinations.
An applicant for initial licensure shall take a national and a state
examination as follows:
(1) The computer-based
Nursing Home Administrators Licensing Examination provided by the National
Association of Long Term Care Administrator Boards. An examination fee shall be
paid to the provider. A passing score on the examination is a scaled score with
a passing point of 113;
(2) A state examination
provided by the board covering the rules of the South Dakota Department of Health
that govern nursing facilities. The examination shall be held at a time
determined by the board and applicant. A nonrefundable fee of $50 must be
submitted to the board prior to the examination date. A passing score on the
examination is 75 percent.
An applicant applying for relicensure
must have passed the national and state examinations within the four years
preceding the date of the application.
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.
General
Authority: SDCL 36-28-10, 36-28-11.
Law
Implemented: SDCL 36-28-10 to 36-28-12.
Cross-Reference:
Reciprocal licensure, ch 20:49:06; Medical facilities, art 44:04.
Rule 20:49:03:02 Retention of examinations.
20:49:03:02. Retention
of examinations. Examination results for each candidate, shall be kept by
the board for a minimum of two years. They may be destroyed only upon approval
by the state records destruction board.
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.
General
Authority: SDCL 36-28-10.
Law
Implemented: SDCL 36-28-10.
Rule 20:49:03:03 Conditional admission to examination.
20:49:03:03. Conditional
admission to examination. The board may conditionally admit to examination
an applicant who, on the date of the scheduled examination, has not fully
established qualifications if, in the judgment of the board, it appears that
the applicant is otherwise qualified.
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.
General
Authority: SDCL 36-28-10.
Law
Implemented: SDCL 36-28-10 to 36-28-12.
Rule 20:49:03:04 Disqualification of applicant.
20:49:03:04. Disqualification
of applicant. Repealed.
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.
Rule 20:49:03:05 Review of application.
20:49:03:05. Review of application. An applicant for
examination who has been disqualified may petition the board in writing within
30 days after notification of disqualification for a hearing and a review of
the applicant's application.
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, 36-28-24.
Rule 20:49:03:06 Repealed.
20:49:03:06. New
application after disqualification. Repealed.
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.
Rule 20:49:03:07 Reexamination.
20:49:03:07. Reexamination.
An applicant who has failed the national or state examination may retake the
failed examination if the applicant meets the current requirements for
licensure and pays the nonrefundable examination fee as set in
§ 20:49:03:01 and the reexamination fee of $50. 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.
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.
General
Authority: SDCL 36-28-10.
Law
Implemented: SDCL 36-28-10 to 36-28-12.
Rule 20:49:03:08 Repealed.
20:49:03:08. Requalification.Repealed.
Source:
SL 1975, ch 16, § 1; repealed, 2 SDR 86, effective June 27, 1976.
Rule 20:49:03:09 Repealed.
20:49:03:09. Subjects for examination.Repealed.
Source:
SL 1975, ch 16, § 1; repealed, 2 SDR 86, effective June 27, 1976.
Rule 20:49:03:10 Repealed.
20:49:03:10. Grading examinations.Repealed.
Source:
SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.
Rule 20:49:03:11 Repealed.
20:49:03:11. Disclosure of ratings.Repealed.
Source:
SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.
Rule 20:49:03:12 Repealed.
20:49:03:12. Confidentiality.Repealed.
Source:
2 SDR 86, effective June 27, 1976; repealed, 12 SDR 99, effective December 16, 1985.
Rule 20:49:04 QUALIFICATIONS FOR INITIAL LICENSURE
Rule 20:49:04:01 Requirements for education and training.
20:49:04:01. Requirements
for education and training. An applicant for licensure as a nursing
facility administrator must meet education and training requirements as
follows:
(1) Have at least a
baccalaureate degree; and
(2) Have successful service
as an administrator-in-training as defined in § 20:49:01:01(2) or have
completed a practicum in long term healthcare from a regionally accredited
higher education program. Applicants applying for relicensure must have
completed an administrator-in-training program or practicum within the four
years preceding the date of the application.
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.
General
Authority: SDCL 36-28-10, 36-28-12.
Law
Implemented: SDCL 36-28-10 to 36-28-12.
Rule 20:49:04:02 Application requirements.
20:49:04:02. Application
requirements. An applicant must apply for licensing on forms provided by
the board. The applicant must submit letters of recommendation from three
individuals engaged in either business or a profession. The applicant must
attach to the application a photocopy or certified copy of the applicant's
birth certificate or an equivalent birth verification. The applicant must
provide a certified transcript of the applicant's education and training. The
completed application, the accompanying documents described in this section,
and the payment of nonrefundable fees must be received by the board before the
examinations required in § 20:49:03:01 and the administrator-in-training
program required in subdivision 20:49:01:01(2).
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.
General
Authority: SDCL 36-28-10, 36-28-12.
Law
Implemented: SDCL 36-28-10 to 36-28-12.
Rule 20:49:04:03 Conviction of felony.
20:49:04:03. Conviction of felony. An applicant for
examination for licensure who has been convicted of a felony by any court may
not take the examination.
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.
General
Authority:SDCL 36-28-4, 36-28-12.
Law
Implemented:SDCL 36-28-12.
Rule 20:49:04:04 Repealed.
20:49:04:04. Federal qualifications.Repealed.
Source:
SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.
Rule 20:49:04:05 Transferred.
20:49:04:05. Transferred to § 20:49:04:02.
Rule 20:49:04:06 Designation of time and place for interview.
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.
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.
Rule 20:49:04:07 Repealed.
20:49:04:07. No discrimination.Repealed.
Source:
SL 1975, ch 16, § 1; 12 SDR
151, 12 SDR 155, effective July 1, 1986; repealed, 22
SDR 74, effective November 27, 1995.
Rule 20:49:04:08 Initial license fee.
20:49:04:08. Initial license fee. The fee for initial
licensure is $150.
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.
General
Authority:SDCL 36-28-15.
Law
Implemented:SDCL 36-28-15.
Rule 20:49:05 EMERGENCY PERMIT
CHAPTER 20:49:05
EMERGENCY PERMIT
Section
20:49:05:01 Emergency permit.
20:49:05:02 Limit on emergency permits at individual
nursing facility.
Rule 20:49:05:01 Emergency permit.
20:49:05:01. Emergency
permit. To meet the needs of a nursing facility that has a vacancy in the
administrator's position, an emergency permit to practice as a nursing facility
administrator may be issued to a person for not more than 180 days, subject to
the following:
(1) A person of authority
from the facility with the vacancy requests in writing that an emergency permit
be issued for their emergency administrator, accompanied by a nonrefundable
emergency permit fee of $100;
(2) The emergency administrator
is under the supervision of a certified preceptor;
(3) The preceptor observes
the emergency administrator at least two days a month in the facility in which
the emergency administrator is serving and keeps a written memorandum of what
was accomplished or discussed at each visit. This dated memorandum shall
accompany the monthly report required in subdivision (4) of this section; and
(4) The preceptor makes a
written report to the board every month on the performance of the emergency
administrator.
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.
General
Authority: SDCL 36-28-11, 36-28-13.
Law
Implemented: SDCL 36-28-13.
Rule 20:49:05:02 Limit on emergency permits at individual nursing facility.
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.
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.
Rule 20:49:06 RECIPROCAL LICENSURE
CHAPTER 20:49:06
RECIPROCAL LICENSURE
Section
20:49:06:01 Reciprocal
licensure.
Rule 20:49:06:01 Reciprocal licensure.
20:49:06:01. Reciprocal
licensure. The board may recognize and endorse a nursing facility
administrator license issued by the authorities of another political
subdivision of the United States if the following requirements are met:
(1) The other political
subdivision provides verification of the educational level of the applicant and
a passing score on the board approved national examination;
(2) The applicant is
familiar with state and local health and safety rules related to nursing
facilities, has passed the board's state examination as defined in
§ 20:49:03:01(2), and has had an orientation under a preceptor covering
South Dakota Department of Health rules governing nursing facilities. The
preceptor shall file a report on the orientation with the board;
(3) The applicant for
reciprocal licensure has never had a license as a nursing facility
administrator revoked or suspended;
(4) The applicant has
demonstrated at least six consecutive months of service as an administrator of
a licensed nursing facility; has served as an administrator-in-training for at
least six consecutive months; or has completed a practicum in long term
healthcare from a regionally accredited higher education program within four
years preceding the date of application for reciprocal licensure; and
(5) The nonrefundable fee
for reciprocal licensure is $150 prorated to the next biennial renewal date.
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.
General
Authority: SDCL 36-28-14.
Law
Implemented: SDCL 36-28-14.
Cross-Reference:
Medical facilities, art 44:04.
Rule 20:49:07 DISPLAY OF LICENSES
Rule 20:49:07:01 Display of licenses.
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.
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.
Rule 20:49:07:02 Duplicate licenses.
20:49:07:02. Duplicate licenses. The board may issue a
duplicate license upon request.
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.
General
Authority:SDCL 36-28-18.1.
Law
Implemented:SDCL 36-28-18.1.
Rule 20:49:08 RENEWAL OF LICENSE AND CONTINUING EDUCATION
CHAPTER 20:49:08
RENEWAL OF LICENSE AND CONTINUING
EDUCATION
Section
20:49:08:01 Application for renewal.
20:49:08:01.01 Fee for renewal.
20:49:08:02 Inactive status -- Reactivation.
20:49:08:03 Continuing education requirements.
20:49:08:04 Criteria for continuing education course
approval.
20:49:08:05 Attendee request for continuing
education approval.
Rule 20:49:08:01 Application for renewal.
20:49:08:01. Application
for renewal. Every person who holds a valid license as a nursing facility
administrator issued by the board shall apply biennially by December 31 of
even-numbered years to the board for a renewal of the license and report any
information requested by the board on forms provided for the purpose. A nursing
facility administrator whose license has expired may petition the board for
consideration of renewal. A nursing facility administrator need not be actively
practicing as a nursing facility administrator to be eligible to renew the
license.
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.
General
Authority: SDCL 36-28-18.
Law
Implemented: SDCL 36-28-19.
Rule 20:49:08:01.01 Fee for renewal.
20:49:08:01.01. Fee
for renewal. The biennial nonrefundable fee for renewal of a license is
$150.
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.
General
Authority: SDCL 36-28-18.
Law
Implemented: SDCL 36-28-18.
Rule 20:49:08:02 Inactive status -- Reactivation.
20:49:08:02. Inactive
status -- Reactivation. The licensee may place the license as inactive upon
completion of a form provided by the board and payment of the nonrefundable fee
of $75. A licensee may reactivate the license pursuant to SDCL 36-28-18.2. The required fee is the amount of the licensure fee prorated to the next biennial renewal date. To satisfy the continuing education requirement to reactivate a license, the licensee shall provide evidence of 20 hours of approved continuing education earned within the past 12 months.
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.
General
Authority: SDCL 36-28-18.2, 36-28-21.1.
Law
Implemented: SDCL 36-28-18.2, 36-28-21.1.
Rule 20:49:08:03 Continuing education requirements.
20:49:08:03. Continuing
education requirements. A minimum of 40 clock hours of continuing education
pertaining to health care or business administration is required biennially for
renewal of license. The board may accept academic courses pertaining to health
care or business administration offered through an accredited higher education
institution and earned as college credit. The board may approve continuing
education programs, programs presented by board-approved providers, programs
approved by another state licensing board for nursing facility administrators,
and programs by approved continuing education providers of the National
Association of Long Term Care Administrator Boards.
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.
General
Authority: SDCL 36-28-21, 36-28-21.1.
Law
Implemented: SDCL 36-28-21, 36-28-21.1.
Rule 20:49:08:04 Criteria for continuing education course approval.
20:49:08:04. Criteria
for continuing education course approval. An organization or presenter that
desires approval of a continuing education program shall apply on a form
provided by the board at least 30 days before or 30 days after the program
date. The application shall state the dates, subjects offered, total hours of
instruction, names and qualifications of speakers, and other pertinent
information. The board shall notify the applicant in writing of its decision.
Source:
13 SDR 90, effective January 22, 1987; 22 SDR 74, effective November 27, 1995;
36 SDR 27, effective August 25, 2009.
General
Authority: SDCL 36-28-21.1.
Law
Implemented: SDCL 36-28-21.1.
Rule 20:49:08:05 Attendee request for continuing education approval.
20:49:08:05. Attendee
request for continuing education approval. An attendee seeking post
approval of a program pertaining to health care or business administration
shall submit to the board, within 30 days after completion of the program, its
dates, subject matter, and a copy of the certification of attendance. The board
shall advise the attendee in writing whether the program is approved and the
number of continuing education hours allowed.
Source:
36 SDR 27, effective August 25, 2009.
General
Authority: SDCL 36-28-21.1.
Law
Implemented: SDCL 36-28-21.1.
Rule 20:49:09 ADMINISTRATOR'S NONCOMPLIANCE
CHAPTER 20:49:09
ADMINISTRATOR'S NONCOMPLIANCE
(Repealed.
6 SDR 66, effective January 9, 1980)
Rule 20:49:10 PROCEDURES IN CONTESTED CASES AND HEARINGS
CHAPTER 20:49:10
PROCEDURES IN CONTESTED CASES AND
HEARINGS
Section
20:49:10:01
to 20:49:10:07 Repealed.
20:49:10:08 Procedures in
contested cases.
20:49:10:09 Procedures
in board hearings.
Rule 20:49:10:01 Repealed.
20:49:10:01. Right to counsel.Repealed.
Source:
SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.
Rule 20:49:10:02 Repealed.
20:49:10:02. Procedure without counsel.Repealed.
Source:
SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.
Rule 20:49:10:03 Repealed.
20:49:10:03. Adjournments.Repealed.
Source:
SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.
Rule 20:49:10:04 Repealed.
20:49:10:04. Subpoenas.Repealed.
Source:
SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.
Rule 20:49:10:05 Repealed.
20:49:10:05. Determination of hearing officer.Repealed.
Source:
SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.
Rule 20:49:10:06 Repealed.
20:49:10:06. Findings and conclusions.Repealed.
Source:
SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.
Rule 20:49:10:07 Repealed.
20:49:10:07. Availability of records.Repealed.
Source:
SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 9, 1980.
Rule 20:49:10:08 Procedures in contested cases.
20:49:10:08. Procedures in contested cases. To initiate
proceedings to reprimand a nursing facility administrator or to revoke,
suspend, deny, or deny renewal of the license or permit of any nursing facility
administrator in South Dakota, a member of the board or any other interested
person may file with the board a complaint stating the facts of the complaint
and the action requested or the board may initiate proceedings by resolution.
On the filing of any complaint, the board shall fix a date for hearing and give
notice of the hearing. Written notice of the final determination of the board
on the complaint shall be given to interested persons, and the date of the
notice begins the time within which an appeal of the determination may be
taken.
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 36-28-22 to 36-28-24.
Cross-References:
Procedures in contested cases, SDCL 1-26-16 to 1-26-29; Appeals from administrative agencies, SDCL 1-26-30 to 1-26-37.
Rule 20:49:10:09 Procedures in board hearings.
20:49:10:09. Procedures in board hearings. A record of
the hearing in a contested case shall be taken by court reporter or recording
equipment. If a transcript is requested, the board may require the person
requesting it to pay the reasonable cost of preparing the transcript.
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 36-28-23, 36-28-24.
Rule 20:49:11 APPEAL FROM INFORMAL HEARING
CHAPTER 20:49:11
APPEAL FROM INFORMAL HEARING
(Repealed.
6 SDR 66, effective January 9, 1980)
Rule 20:49:12 SEVERABILITY PROVISIONS
CHAPTER 20:49:12
SEVERABILITY PROVISIONS
(Repealed.
6 SDR 66, effective January 9, 1980)
Rule 20:49:13 INITIATION OF RULES
CHAPTER 20:49:13
INITIATION OF RULES
(Superseded)
Commission
Note:SDCL 1-26-13 provides a statutory procedure
to use for petitioning an agency for amendments to its rules, thus effectively
superseding this chapter.
Rule 20:49:14 DECLARATORY RULINGS
CHAPTER 20:49:14
DECLARATORY RULINGS
Section
20:49:14:01 Petition
for declaratory ruling.
20:49:14:02 Board
action on petition.
Rule 20:49:14:01 Petition for declaratory ruling.
20:49:14:01. Petition for declaratory ruling. Any person
wishing the board to issue its ruling as to the applicability to that person of
any statutory provision or rule or order of the board may file with the board a
petition in substantially the following form:
STATE OF SOUTH DAKOTA
SOUTH DAKOTA STATE BOARD OF EXAMINERS
FOR NURSING HOME ADMINISTRATORS
Petition for Declaratory Ruling
Pursuant to the provisions of SDCL 1-26-15, I, (name of petitioner), of (address of petitioner), am (title or capacity of petitioner), and do hereby petition the South Dakota State Board of Examiners for Nursing Home Administrators for its declaratory ruling in regard to the following:
1. The state statute or
State Board of Examiners for Nursing Home Administrators rule or order in
question is: (here identify and quote
the pertinent statute, rule or order).
2. The facts and
circumstances which give rise to the issue to be answered by the board's
declaratory ruling are:
3. The precise issue to be
answered by the board's declaratory ruling is:
4. The action requested to
be taken by the board is and the reasons for such action are:
Dated at (city and state) this ______ day of
____________ 19__.
_______________________
(Signature
of petitioner)
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 1-26-15.
Rule 20:49:14:02 Board action on petition.
20:49:14:02. Board action on petition. Upon receipt of
the petition, the board may request from the petitioner any other information
that may be required by it for the issuance of its ruling. Within 30 days
following receipt of the petition, or within 30 days following receipt of the
other information requested, the board shall issue its declaratory ruling and
serve a copy by mail upon the petitioner.
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 1-26-15.
Rule 20:49:15 REVOCATION, SUSPENSION, OR NONRENEWAL OF LICENSE OR PERMIT
CHAPTER 20:49:15
REVOCATION, SUSPENSION, OR NONRENEWAL OF LICENSE OR PERMIT
Section
20:49:15:01 Grounds
for revocation, suspension, or nonrenewal.
20:49:15:02 Unprofessional
conduct.
Rule 20:49:15:01 Grounds for revocation, suspension, or nonrenewal.
20:49:15:01. Grounds for revocation, suspension, or
nonrenewal. The license or emergency permit of a nursing facility
administrator may be revoked, suspended, or not renewed by the board for cause
upon any of the following grounds:
(1) The licensee failed to
complete continuing education requirements;
(2) The licensee or
permittee is guilty of fraud, bribery, or deceit in procuring a license or
permit, in carrying out the duties as a nursing home administrator, or in
obtaining renewal of a license;
(3) The licensee or
permittee has been convicted of a felony. The conviction of a felony is the
conviction of any offense which would be a felony under the laws of South
Dakota if it was committed in the state;
(4) The licensee or
permittee is addicted to the use of intoxicating beverages, narcotics, or any
of the drugs or controlled substances set forth in SDCL 34-20B to such an extent that the licensee or permittee cannot perform the duties;
(5) The physical or mental
condition of the licensee or permittee is determined by a competent examiner to
jeopardize those who seek the professional services of the licensee or
permittee. A majority of the board may demand an examination of the licensee or
permittee. If the licensee or permittee fails to submit to the examination, it
is immediate grounds for suspension of the license or permit;
(6) The licensee or
permittee is guilty of unprofessional conduct; and
(7) The licensee or
permittee has violated any provision of SDCL 36-28 or this article.
Source:
8 SDR 24, effective September 16, 1981; 12 SDR 151, 12 SDR 155, effective July
1, 1986; 22 SDR 74, effective November 27, 1995.
General
Authority: SDCL 36-28-4.
Law
Implemented: SDCL 36-28-17, 36-28-19, 36-28-22.
Rule 20:49:15:02 Unprofessional conduct.
20:49:15:02. Unprofessional conduct. Unprofessional
conduct includes but is not limited to the following:
(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
the patient's or resident's dignity and right to privacy;
(4) Violating the
confidentiality of information or knowledge concerning the patient or resident;
(5) Mental, verbal, or
physical abuse of patients or residents;
(6) Using alcohol or other
drugs to the extent that there is significant interference with job
performance;
(7) Misuse of drug
supplies, narcotics, or patients' or residents' records;
(8) Falsifying patients' or
residents' records or intentionally charting incorrectly;
(9) Appropriating
medications, supplies, or personal items of the patient or resident or agency;
(10) Forging prescriptions
or making drugs available to self, friends, or family members;
(11) Falsifying records
submitted to the board, to the state department of health, or to any other
government agency;
(12) Delegating nursing
facility administrator care, functions, tasks, or responsibilities to others
contrary to SDCL 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 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 the state of South Dakota or
in another state denied, refused renewal, revoked, or suspended due to
unprofessional conduct as defined in items 1 to 16, inclusive, of this rule.
Source:
8 SDR 24, effective September 16, 1981; 12 SDR 151, 12 SDR 155, effective
July 1, 1986.
General
Authority:SDCL 36-28-4.
Law
Implemented:SDCL 36-28-17, 36-28-22.
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