reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:16 - Registration of Nursing Assistive Personnel › Section 20:48:16:01 - Operation of registry

Current through Register Vol. 51, page 10, July 15, 2024
The board is accountable for the operation of the nursing
				  assistive personnel registry. The registry contains the following information
				  for each person who has gained registry status:
(1) Full name of the registrant, including
				maiden name and any surnames used;
(2) Last known home address;
(3) Registration number;
(4) Date the registry status
				expires;
(5) Date of
				birth;
(6) Most recent
				employment;
(7) Date of successful
				completion of the board approved examination; and
(8) Disciplinary proceedings against the
				registrant.
General Authority:
SDCL
					 36-9-21(5).
Law Implemented:
SDCL
					 36-9-21(5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:16 - Registration of Nursing Assistive Personnel › Section 20:48:16:02 - Application for registration

Current through Register Vol. 51, page 10, July 15, 2024
A person seeking initial registration shall:
(1) Apply on the form provided by the
				board;
(2) Hold a high school
				diploma or equivalent;
(3)
				Successfully complete a board-approved training program in accordance with
				§ 20:48:04.01:13. An individual seeking registration who completed
				education that was not approved by the board shall make a request for an
				equivalency determination on a form provided by the board; and
(4) Provide evidence of having passed a
				board-approved examination.
If the applicant does not meet the registration requirements,
				  the board shall deny the application.
General Authority:
SDCL
					 36-9-21(5).
Law Implemented:
SDCL
					 36-9-21(5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:16 - Registration of Nursing Assistive Personnel › Section 20:48:16:03 - Renewal or reactivation of registration

Current through Register Vol. 51, page 10, July 15, 2024
A registrant shall renew the registration biennially. A
				  notice for renewal must be sent by the board to the last known address of each
				  current registrant at least 90 days before the registrant's expiration date.
				  Failure to receive the notice for renewal does not relieve the registrant of
				  the responsibility for renewing within the prescribed time. Any renewal
				  received by the board after the filing date indicated in the notice must be
				  listed as lapsed on the registry.
The board shall renew or reinstate a registrant if the
				  registrant:
(1) Applies on the form
				provided by the board;
(2) Submits
				an affidavit that the applicant has committed no act of misconduct as set forth
				in §
									20:48:16:04; and
(3) Provides a verified statement that
				indicates whether the applicant has been employed for a minimum of 12 hours of
				employment in the registrant's role as a medication aide in a nursing facility,
				assisted living center, or hospital during the preceding 24 months.
Applicants who do not meet the employment requirement must
				  repeat the training program and examination requirements listed in §
										20:48:16:02.
General Authority:
SDCL
					 36-9-21(5).
Law Implemented:
SDCL
					 36-9-21(5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:16 - Registration of Nursing Assistive Personnel › Section 20:48:16:04 - Grounds for denial of application or removal from registry

Current through Register Vol. 51, page 10, July 15, 2024
The board, in compliance with SDCL chapters 1-26 and 36-1 C,
				  may deny an applicant or remove a registrant upon proof that the applicant or
				  registrant has:
(1) Committed fraud,
				deceit, or misrepresentation in procuring or attempting to procure
				registration;
(2) Been convicted of
				a felony. The conviction of a felony means the conviction of any offense that,
				if committed within this state, would constitute a felony under its
				laws;
(3) Committed an alcohol or
				drug related act or offense that interferes with the ability to practice as a
				registrant safely;
(4) Negligently,
				willfully, or intentionally acted in a manner inconsistent with the health or
				safety of a person entrusted to the registrant's care;
(5) Had any license or registration denied,
				revoked, or suspended or had other disciplinary action taken;
(6) Violated any provision of chapter 36-9 or
				this article;
(7) Practiced during
				a time the registrant's registration is lapsed;
(8) Engaged in unsafe practice, substandard
				care, or unprofessional or dishonorable conduct;
(9) Violated confidentiality, patient
				privacy, consent, or disclosure of patient information; or
(10) Engaged in sexual harassment, sexual
				contact, or exercised influence within the registrant-patient relationship for
				the purpose of engaging a patient in sexual activity. A revoked registration
				may be reissued at the discretion of the board upon a finding of good
				cause.
General Authority:
SDCL
					 36-9-21(5).
Law Implemented:
SDCL
					 36-9-21(5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:17 - Health professionals assistance program › Section 20:48:17:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL chapter 36-2 A has the same meaning
				  when used in this chapter. In addition, terms used in this article mean:
(1) "Applicant," an individual who has
				applied to enter the board's program;
(2) "Discharge," release of a participant
				from the program after successfully meeting program requirements;
(3) "Participant," an individual who has been
				accepted and enrolled in the board's program;
(4) "Termination," release of a participant
				from the program prior to fulfilling the terms of the participation
				agreement.
General Authority:
SDCL
					 36-2A-14.
Law Implemented:
SDCL
					 36-2A-1,
					 36-2A-1.1,
					 36-2A-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:17 - Health professionals assistance program › Section 20:48:17:02 - Program personnel qualifications and duties

Current through Register Vol. 51, page 10, July 15, 2024
The board may employ or contract individuals to serve as
				  program personnel. The board's executive director may appoint a program
				  director who is licensed, or has a privilege to practice, in South Dakota as a
				  health care professional and possesses knowledge in mental health and substance
				  use disorders. The program director shall report to the executive director of
				  the board. Program personnel duties may include, but are not limited to the
				  following:
(1) Coordinating the
				evaluation committee;
(2)
				Facilitating the application and intake process;
(3) Developing participation
				agreements;
(4) Case managing and
				coordinating a participant's compliance and continuing care with a qualified
				provider;
(5) Evaluating substance
				use and mental health treatment programs and health care providers for use by
				participants;
(6) Providing written
				reports to the board; and
(7)
				Maintaining participant records pursuant to 20:48:17:14.
General Authority:
SDCL
					 36-2A-14.
Law Implemented:
SDCL
					 36-2A-2,
					 36-9-15,
					 36-9-16,
					 36-2A-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:17 - Health professionals assistance program › Section 20:48:17:03 - Evaluation committee qualifications and duties

Current through Register Vol. 51, page 10, July 15, 2024
The board shall appoint an evaluation committee comprised of
				  a minimum of three members. Committee members shall hold licensure as health
				  care providers with expertise in treating substance use or mental health
				  disorders. Each committee member shall serve a term of three years; no member
				  may be appointed to more than three consecutive terms. If a vacancy occurs, the
				  board shall appoint a person to fill the unexpired term. The appointment of a
				  person to an unexpired term is not considered a full term. No committee member
				  may serve on a licensing board or as an officer in a professional organization.
				  Action taken by the committee pursuant to this article may be performed by a
				  majority of members. Committee members shall maintain the confidentiality of
				  participant records according to state and federal requirements. The committee
				  shall meet the requirements of chapter 1-25 regarding open meetings. The
				  program director shall convene the committee as often as needed to perform the
				  following duties:
(1) Provide
				recommendations on the development of program policies;
(2) Approve substance use and mental health
				treatment programs or health care providers for use by participants;
(3) Provide recommendations on a
				participant's enrollment status in the program;
(4) Approve individualized program
				participation agreements and return to work requirements;
(5) Evaluate a participant's progress and
				recommend changes as needed;
(6)
				Evaluate and make recommendations on a participant's toxicology results;
				and
(7) Provide recommendations on
				reporting an applicant or participant to the board.
General Authority:
SDCL
					 36-2A-14
Law Implemented:
SDCL
					 36-2A-2,
					 36-2A-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:17 - Health professionals assistance program › Section 20:48:17:04 - Standards for approval of treatment programs and health professionals

Current through Register Vol. 51, page 10, July 15, 2024
Program personnel shall maintain a list of approved mental
				  health or substance use disorder treatment programs and qualified health
				  professionals for use by program participants. Qualified treatment programs
				  shall hold state or national accreditation and be in good standing. Qualified
				  health professionals shall be licensed or certified in South Dakota, or have a
				  privilege to practice in the state, be in good standing, and authorized to
				  provide treatment or services for substance use or mental health disorders.
				  Approved health professionals shall agree to:
(1) Perform a comprehensive substance use or
				mental health assessment and forensic evaluation;
(2) Use standardized psychological tests and
				questionnaires;
(3) Provide
				recommendations to program personnel on a participant's ability to safely
				return to practice; and
(4) Report
				a participant who has a positive drug screen, exacerbation of psychiatric
				symptoms, threatens to leave treatment against medical advice, or other
				non-compliance concerns to program personnel.
General Authority:
SDCL
					 36-2A-14
Law Implemented:
SDCL
					 36-2A-2,
					 36-2A-9,
					 36-2A-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:17 - Health professionals assistance program › Section 20:48:17:05 - Voluntary enrollment

Current through Register Vol. 51, page 10, July 15, 2024
An individual may be voluntarily enrolled in the program
				  upon meeting the application requirements in 20:48:17:07 and the following
				  eligibility criteria:
(1) Does not
				have a history of nursing practice involving significant harm or death to a
				patient;
(2) Has not engaged in the
				diversion of drugs or substances for the purpose of sale or distribution to
				others;
(3) Has not engaged in
				behavior that has a high potential to cause patient harm;
(4) Has not fraudulently written a
				prescription;
(5) Has not been
				convicted of criminal behavior that includes crimes involving sexual
				misconduct, violence, or threatening behavior;
(6) Does not have a history of disciplinary
				action against a license that would prohibit licensure in South Dakota or is
				not under investigation that may result in discipline leading to probation,
				suspension, or revocation of license.
Program personnel shall maintain the confidentiality of
				  participants and not publicly share participant information. Participants
				  accepted in the program will be issued a single state nursing license.
				  Participants who fail to comply with the terms of the program or participation
				  agreement may be denied admission or terminated from the program and reported
				  to the board.
General Authority:
SDCL
					 36-2A-14.
Law Implemented:
SDCL
					 36-2A-1.1,
					 36-2A-2,
					 36-2A-7,
					 36-2A-8,
					 36-2A-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:17 - Health professionals assistance program › Section 20:48:17:06 - Board ordered enrollment

Current through Register Vol. 51, page 10, July 15, 2024
An individual who is required under a board of nursing order
				  to participate in the program, is pending board action, or does not meet the
				  requirements for voluntary enrollment, and who completes the requirements in
				  20:48:17:07, shall be enrolled in the program by program personnel.
				  Participants accepted in the program will be issued a single state nursing
				  license. Participants who fail to comply with the terms of the program or
				  participation agreement may be terminated from the program and reported to the
				  board.
General Authority:
SDCL
					 36-2A-14.
Law Implemented:
SDCL
					 36-2A-2,
					 36-2A-7,
					 36-2A-8,
					 36-2A-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:17 - Health professionals assistance program › Section 20:48:17:07 - Application and admission to program

Current through Register Vol. 51, page 10, July 15, 2024
Applicants for admission to the program shall:
(1) Provide a written application to program
				personnel containing evidence the applicant holds a nursing license in South
				Dakota or may apply for a South Dakota nursing license and is eligible for
				licensure, or is enrolled as a nursing student in an education program located
				in South Dakota;
(2) Agree to
				complete an admission interview with program personnel and provide
				documentation from an approved health care provider of the applicant's current
				condition or diagnosis and treatment plan identifying the applicant has a
				mental health or substance use related issue; and the completion, or confirmed
				start date, of treatment for substance use or mental health disorder at an
				approved treatment facility;
(3)
				Agree to provide written authorization to allow program personnel access to any
				medical records from health care providers or treatment facilities;
(4) Sign a participation agreement that meets
				the requirements in 20:48:17:08 and complete toxicology screening within ten
				business days of application to the program;
(5) Agree to meet with program personnel on a
				quarterly basis to review progress and compliance in the program; and
(6) Agree to pay costs or fees associated
				with the program.
Program personnel may recommend or refer participants to
				  approved treatment programs or health care providers. An applicant who refuses
				  to cooperative with the admission process may be reported to the
				  board.
General Authority:
SDCL
					 36-2A-14
Law Implemented:
SDCL
					 36-2A-2,
					 36-2A-6,
					 36-2A-7,
					 36-2A-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:17 - Health professionals assistance program › Section 20:48:17:08 - Program participation

Current through Register Vol. 51, page 10, July 15, 2024
Participants must have on file a signed participation
				  agreement developed by program personnel and approved by the evaluation
				  committee. Program personnel may provide a copy of the participation agreement
				  to the participant, the participant's medical provider, or the work site
				  monitor. Program personnel shall provide a copy of the agreement to the board
				  for individuals required under a board of nursing order to participate in the
				  program. The agreement shall outline standard and individualized conditions
				  based on symptoms and a participant's practice setting. Participation
				  agreement's may include, but are not limited to:
(1) Treatment and continuing care;
(2) Return to practice conditions or
				limitations, such as restrictions on workplace settings, hours or shifts
				worked, access to medications, training personnel;
(3) Employment status;
(4) Work site monitoring;
(5) Medication use;
(6) Toxicology screening;
(7) Support group participation; or
(8) Filing of reports.
General Authority:
SDCL
					 36-2A-14
Law Implemented:
SDCL
					 36-2A-2,
					 36-2A-6,
					 36-2A-9,
					 36-2A-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:17 - Health professionals assistance program › Section 20:48:17:09 - Return to practice requirements

Current through Register Vol. 51, page 10, July 15, 2024
A participant who has agreed to refrain from practice may
				  return to nursing practice upon submitting evidence of the following:
(1) Compliance with the signed participation
				agreement;
(2) Identification and
				approval of a worksite monitor. The worksite monitor must hold an unencumbered
				license or privilege to practice in South Dakota as a health care professional
				and be in a supervisory role or capable of observing the participant's work
				performance;
(3) Receipt of a
				signed release of information from the participant to allow program personnel
				to communicate with the worksite monitor and access employment
				information;
(4) Receipt of a
				signed agreement from the worksite monitor or employer agreeing to supervise
				the participant according to requirements listed in the participation agreement
				and to submit evaluations of the participant's work performance to program
				personnel upon request.
General Authority:
SDCL
					 36-2A-14.
Law Implemented:
SDCL
					 36-2A-9,
					 36-2A-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:17 - Health professionals assistance program › Section 20:48:17:10 - Monitoring guidelines

Current through Register Vol. 51, page 10, July 15, 2024
Participants enrolled for substance use issues shall submit
				  required lab specimens for toxicology testing to the program's approved testing
				  vendors in the manner required by the testing vendor. The frequency and type of
				  toxicology tests shall be determined by program personnel or the participant's
				  board order. Participants shall submit specimens for baseline toxicology
				  screening within the first ten days of enrollment in the program, thereafter, a
				  participant shall contact the vendor daily, or as required by program
				  personnel, to determine if submission of a specimen is required.
Program personnel shall evaluate positive or abnormal
				  toxicology results and may seek review of the results by the evaluation
				  committee or a participant's approved treatment provider. Failure by a
				  participant to contact the vendor, submit specimens as required, or abnormal or
				  positive toxicology result may result in the participant being reported to the
				  board.
General Authority:
SDCL
					 36-2A-14.
Law Implemented:
SDCL
					 36-2A-9,
					 36-2A-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:17 - Health professionals assistance program › Section 20:48:17:11 - Failure to comply with program requirements

Current through Register Vol. 51, page 10, July 15, 2024
Program personnel may request a participant who fails to
				  comply with program requirements to sign a voluntary refrain from practice and
				  to extend the length of the participation agreement. A participant who fails to
				  comply may be reported to the board. A participant who fails to sign a
				  voluntarily refrain from practice shall be reported to the board and may be
				  terminated from the program. Failure to comply incidences may include, but are
				  not limited to:
(1) A positive
				toxicology screen;
(2) An
				unexcused, missed, tampered with, or abnormal drug screen;
(3) Failure to follow prescribed medical
				treatment;
(4) A violation of the
				participation agreement;
(5)
				Employment or practice concerns; or
(6) An arrest or violation of law.
General Authority:
SDCL
					 36-2A-14.
Law Implemented:
SDCL
					 36-2A-9,
					 36-2A-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:17 - Health professionals assistance program › Section 20:48:17:12 - Leave of absence

Current through Register Vol. 51, page 10, July 15, 2024
Participants may apply for a leave of absence from the
				  program. The program director or evaluation committee may approve a leave of
				  absence request from a participant. A participant who completes a leave of
				  absence may return to the program after meeting eligibility requirements
				  established by program personnel or the evaluation committee; the participant's
				  participation agreement may be amended or lengthened. A participant who fails
				  to meet requirements to return to the program shall be reported to the
				  board.
General Authority:
SDCL
					 36-2A-14
Law Implemented:
SDCL
					 36-2A-2,
					 36-2A-8,
					 36-2A-9,
					 36-2A-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:17 - Health professionals assistance program › Section 20:48:17:13 - Discharge criteria

Current through Register Vol. 51, page 10, July 15, 2024
A participant who completes the terms of a participation
				  agreement and applicable board order, may apply for discharge from the program.
				  A participant's request may be approved by the program director upon receipt of
				  the participant's application and the following documentation:
(1) The participant's written plan for
				continued wellness or recovery;
(2)
				A recommendation from the participant's worksite monitor or employer supporting
				discharge;
(3) A recommendation
				from the participant's approved treatment provider supporting
				discharge;
(4) A recommendation by
				the evaluation committee supporting discharge; and
(5) A period of negative toxicology screens
				for a participant enrolled with substance use issues.
General Authority:
SDCL
					 36-2A-14.
Law Implemented:
SDCL
					 36-2A-2,
					 36-2A-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:17 - Health professionals assistance program › Section 20:48:17:14 - Participant records

Current through Register Vol. 51, page 10, July 15, 2024
Program personnel shall maintain applicant and participant
				  records including, but not limited to, name, license number, referral
				  information, board orders, intake information, signed and dated participation
				  agreement, authorizations for release of confidential information, treatment
				  reports, case management notes, correspondence, compliance and monitoring
				  documentation, and quarterly reports.
Program personnel shall maintain the confidentiality of
				  participant records, and of an individual or entity who refers a participant to
				  the program, according to federal and state laws. Participant records shall be
				  stored in a secured format and provided in a confidential manner to the
				  evaluation committee, medical providers in an emergency situation, law
				  enforcement upon threats to commit a crime, state or local authorities for
				  suspected child or elder abuse or neglect, or other parties upon the
				  participant's voluntary written release of the information. Following discharge
				  from the program, program personnel shall maintain a participant's records
				  according to the state records and retention schedule.
General Authority:
SDCL
					 36-2A-14
Law Implemented:
SDCL
					 36-2A-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:17 - Health professionals assistance program › Section 20:48:17:15 - Reporting requirements

Current through Register Vol. 51, page 10, July 15, 2024
Program personnel shall report and provide participant or
				  applicant records to the board on an applicant or participant that:
(1) Refuses to complete admission
				requirements into the program when the applicant is found to have an issue or
				disorder that affects the applicant's ability to practice safely;
(2) Is denied admission or terminated from
				the program for diverting controlled substances for other than personal use,
				engaging in sexual misconduct, or is deemed by program personnel to be too
				great a risk to the public;
(3)
				Fails to maintain on file a signed participation agreement; or
(4) Fails to comply with the terms of the
				participation agreement.
Program personnel shall provide the board quarterly reports
				  on mandated program participants including, but not limited to, the
				  participant's name, enrollment date, progress and compliance in the program,
				  and evaluation committee recommendations. The program director shall provide an
				  annual report of activities summarizing program and participant statistics to
				  the board.
General Authority:
SDCL
					 36-2A-14.
Law Implemented:
SDCL
					 36-2A-2,
					 36-2A-13,
					 36-2A-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:48 - NURSES › Chapter 20:48:17 - Health professionals assistance program › Section 20:48:17:16 - Program participation fees

Current through Register Vol. 51, page 10, July 15, 2024
The costs incurred through participation in the program are
				  the responsibility of the participant. Failure to pay may be cause for
				  termination from the program or reporting to the board.
General Authority:
SDCL
					 36-2A-14.
Law Implemented:
SDCL
					 36-2A-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:01 - Definitions › Section 20:49:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
					 36-28-10.
Law Implemented:
SDCL
					 36-28-1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:02 - General rules affecting board › Section 20:49:02:01 - Meetings

Current through Register Vol. 51, page 10, July 15, 2024
The board shall meet semiannually or as often as necessary to
				  transact its business. A quorum must be present to transact official
				  business.
General Authority:
SDCL
					 36-28-4.
Law Implemented:
SDCL
					 36-28-4.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:02 - General rules affecting board › Section 20:49:02:03 - President

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
					 36-28-4.
Law Implemented:
SDCL
					 36-28-4.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:02 - General rules affecting board › Section 20:49:02:06 - Telephone meetings on rules or rulings

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
					 36-28-4.
Law Implemented:
SDCL
					 36-28-4.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:03 - Examinations › Section 20:49:03:01 - Examinations

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure must pass the following
				  examinations:
(1) The computer-based
				Nursing Home Administrators Licensing Examination or Core of Knowledge
				Examination for Long Term Care Administrators and Nursing Home Administrators
				Line of Service Examination administered by the National Association of Long
				Term Care Administrator Boards. A passing score on the examination is a scaled
				score with a passing point 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 shall be submitted to the board prior
				to the examination date. A passing score on the examination is 75
				percent.
General Authority:
SDCL
					 36-28-10,
					 36-28-11,
					 36-28-12.
Law Implemented:
SDCL
					 36-28-10,
					 36-28-11,
					 36-28-12.
Nursing facilities, art
					 44:73.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:03 - Examinations › Section 20:49:03:03 - Conditional admission to examination

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
					 36-28-10.
Law Implemented:
SDCL
					 36-28-10 to
					 36-28-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:03 - Examinations › Section 20:49:03:07 - Reexamination

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
					 36-28-10.
Law Implemented:
SDCL
					 36-28-10 to
					 36-28-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:04 - Qualifications for initial licensure › Section 20:49:04:01 - Requirements for initial licensure

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure as a nursing facility
				  administrator shall meet the education and training requirements and shall
				  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 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;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:04 - Qualifications for initial licensure › Section 20:49:04:03 - Conviction of felony

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
					 36-28-4,
					 36-28-12.
Law Implemented:
SDCL
					 36-28-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:04 - Qualifications for initial licensure › Section 20:49:04:06 - Designation of time and place for interview

Current through Register Vol. 51, page 10, July 15, 2024
The board may designate a time and place at which an
				  applicant may be required to be present for an interview and oral
				  examination.
General Authority:
SDCL
					 36-28-4.
Law Implemented:
SDCL
					 36-28-10 to
					 36-28-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:05 - Emergency permit › Section 20:49:05:01 - Emergency permit

Current through Register Vol. 51, page 10, July 15, 2024
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 by the Board of Nursing Facility
				  Administrators to a person for not more than 180 days, subject to the
				  following:
(1) A person of authority
				from the facility with the vacancy submits an application, accompanied by a
				nonrefundable emergency permit 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 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. A copy of the
				dated memorandum shall be maintained by the emergency administrator and the
				preceptor for one year following the date of expiration of the emergency
				permit.
A preceptor may be held responsible for the acts of the
				  administrator operating under the preceptor's supervision only if the preceptor
				  does not fulfill the requirements as stated above.
General Authority:
SDCL
					 36-28-11,
					 36-28-13.
Law Implemented:
SDCL
					 36-28-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:05 - Emergency permit › Section 20:49:05:02 - Limit on emergency permits at individual nursing facility

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
					 36-28-4.
Law Implemented:
SDCL
					 36-28-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:06 - Reciprocal licensure › Section 20:49:06:01 - Reciprocal licensure

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for reciprocal licensure as a nursing facility
				  administrator shall meet the education and training requirements and shall
				  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 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;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:07 - Display of licenses › Section 20:49:07:01 - Display of licenses

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
					 36-28-18.
Law Implemented:
SDCL
					 36-28-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:07 - Display of licenses › Section 20:49:07:02 - Duplicate licenses

Current through Register Vol. 51, page 10, July 15, 2024
The board may issue a duplicate license upon request and
				  payment of a $50 fee.
General Authority:
SDCL
					 36-28-18.1.
Law Implemented:
SDCL
					 36-28-18.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:08 - Renewal of license and continuing education › Section 20:49:08:01 - Application for renewal

Current through Register Vol. 51, page 10, July 15, 2024
Every person who holds a license shall apply to the board
				  biennially by December 31 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.
General Authority:
SDCL
					 36-28-18.
Law Implemented:
SDCL
					 36-28-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:08 - Renewal of license and continuing education › Section 20:49:08:01.01 - Fee for renewal

Current through Register Vol. 51, page 10, July 15, 2024
The nonrefundable fee for renewal of a license is three
				  hundred ninety dollars.
General Authority:
SDCL
					 36-28-18.
Law Implemented:
SDCL
					 36-28-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:08 - Renewal of license and continuing education › Section 20:49:08:02 - Inactive status - Reactivation

Current through Register Vol. 51, page 10, July 15, 2024
A licensee may place the license as inactive upon completion
				  of a form provided by the board and payment of the nonrefundable fee of one
				  hundred ninety five dollars. A licensee may reactivate the license within five
				  years following the date of inactivation. The required fee to reactivate a
				  license is the initial licensure fee. To satisfy the continuing education
				  requirement to reactivate a license, the licensee shall provide evidence of 20
				  hours of board approved continuing education earned within the 12 months prior
				  to the date of reactivation.
General Authority:
SDCL
					 36-28-18.2,
					 36-28-21.1.
Law Implemented:
SDCL
					 36-28-18.2,
					 36-28-21.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:08 - Renewal of license and continuing education › Section 20:49:08:03 - Continuing education requirements

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
36-28-21.1.
Law
					 Implemented:
36-28-21.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:08 - Renewal of license and continuing education › Section 20:49:08:04 - Criteria for continuing education course approval

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
					 36-28-21.1.
Law Implemented:
SDCL
					 36-28-21.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:13 - Initiation of rules, Superseded

Current through Register Vol. 51, page 10, July 15, 2024
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.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:14 - Declaratory rulings › Section 20:49:14:01 - Petition for declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
Any person may petition the board to issue a declaratory
				  ruling by filing a written request.
General Authority:
SDCL
					 36-28-4.
Law Implemented:
SDCL
					 1-26-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:15 - Revocation, suspension, or nonrenewal of license or permit › Section 20:49:15:01 - Grounds for revocation, suspension, or other action

Current through Register Vol. 51, page 10, July 15, 2024
The board 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 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 or
				permit;
(3) The licensee or
				permittee has been convicted of, 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. A felony is 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
				drugs or controlled substances 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;
(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
				action taken against a nursing facility administrator or equivalent license in
				another jurisdiction.
General Authority:
SDCL
					 36-28-9.
Law Implemented:
SDCL
					 36-28-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:49 - NURSING HOME ADMINISTRATORS › Chapter 20:49:15 - Revocation, suspension, or nonrenewal of license or permit › Section 20:49:15:02 - Unprofessional conduct

Current through Register Vol. 51, page 10, July 15, 2024
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 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 the 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, 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 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 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.
General Authority:
SDCL
					 36-28-9.
Law Implemented:
SDCL
					 36-28-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:02 - Licensing and registration › Section 20:50:02:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-7-15(1),
					 36-7-15.1.
Law Implemented:
SDCL
					 36-7-11,
					 36-7-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:02 - Licensing and registration › Section 20:50:02:02 - Application for licensure

Current through Register Vol. 51, page 10, July 15, 2024
Each applicant for licensure shall apply to the board on
				  prescribed forms. Applicants shall attest that they have reviewed and agree to
				  comply with South Dakota optometry law and ethics.
Applicants for licensure shall also 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 pursuant to SDCL
				  36-7-12.2. The applicant must sign
				  and submit a release form authorizing the release of the criminal history to
				  the board.
General Authority:
SDCL
					 36-7-15(5).
Law Implemented:
SDCL
					 36-7-11,
					 36-7-12.2.